Combating Military Sexual Assault Act

I 116TH CONGRESS 1ST SESSION H. R. 3015 To amend title 10, United States Code, to enhance the prevention of sexual assault and related offenses in the Armed Forces, to enhance protections of victims of such offenses, to improve the investigation and prosecution of such offenses, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Mr. TURNER (for himself, Mrs. DAVIS of California, and Ms. STEFANIK) in- troduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to enhance the prevention of sexual assault and related offenses in the Armed Forces, to enhance protections of victims of such offenses, to improve the investigation and prosecution of such offenses, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Combating Military Sexual Assault Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3015 IH Sec. 1. Short title; table of contents. TITLE I—PREVENTION AND TRAINING ON SEXUAL ASSAULT IN THE ARMED FORCES Sec. 101. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault. Sec. 102. Training for Sexual Assault Initial Disposition Authorities on exercise of disposition authority for sexual assault and collateral of- fenses. Sec. 103. Three-year extension of Defense Advisory Committee on Investiga- tion, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 104. Military department grants on research on sexual assault prevention and reduction efforts at institutions of higher education. Sec. 105. Report on expansion of the Close Airman Support team approach of the Air Force to the other Armed Forces. TITLE II—SUPPORT OF VICTIMS OF SEXUAL ASSAULT IN THE ARMED FORCES Sec. 201. Expansion of responsibilities of commanders for victims of sexual as- sault committed by another member of the Armed Forces. Sec. 202. Availability of Special Victims’ Counsel and Special Victim Prosecu- tors at military installations. Sec. 203. Preservation of recourse to Restricted Report on sexual assault for victims of sexual assault being investigated following certain victim or third-party communications. Sec. 204. Treatment of information in Catch a Serial Offender Program for certain purposes. Sec. 205. Report on expansion of Air Force safe to report policy across the Armed Forces. TITLE III—INVESTIGATION OF SEXUAL ASSAULT IN THE ARMED FORCES AND RELATED MATTERS Sec. 301. Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military jus- tice. Sec. 302. Increase in number of digital forensic examiners for the military criminal investigation organizations. Sec. 303. Pilot programs on defense investigators in the military justice system. Sec. 304. Report on mechanisms to enhance the integration and synchroni- zation of activities of Special Victim Investigation and Prosecu- tion personnel with activities of military criminal investigation organizations. TITLE IV—PROSECUTION MATTERS Sec. 401. Punitive article in the Uniform Code of Military Justice on sexual harassment affecting the duties, work, or career of a member of the Armed Forces. Sec. 402. Non-binding guidelines on sentences of confinement for convictions of offenses under the Uniform Code of Military Justice. TITLE V—OTHER MATTERS VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3015 IH Sec. 501. Survey of members of the Armed Forces on their experiences with military investigations and military justice. Sec. 502. Annual report on military protective orders. Sec. 503. Privacy Act exclusion for courts-martial to allow for public access to dockets, filings, and court records. Sec. 504. Report on standardization among the military departments in collec- tion and presentation of information on matters within the military justice system. TITLE I—PREVENTION AND 1 TRAINING ON SEXUAL AS- 2 SAULT IN THE ARMED 3 FORCES 4 SEC. 101. TRAINING FOR COMMANDERS IN THE ARMED 5 FORCES ON THEIR ROLE IN ALL STAGES OF 6 MILITARY JUSTICE IN CONNECTION WITH 7 SEXUAL ASSAULT. 8 (a) IN GENERAL.—The training provided com- 9 manders in the Armed Forces shall include comprehensive 10 training on the role of commanders in all stages of mili- 11 tary justice in connection with sexual assaults by members 12 of the Armed Forces against other members of the Armed 13 Forces. 14 (b) ELEMENTS TO BE COVERED.—The training pro- 15 vided pursuant to subsection (a) shall include training on 16 the following: 17 (1) The role of commanders in each stage of 18 the military justice process in connection with sexual 19 assault committed by a member of the Armed 20 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3015 IH Forces against another member, including investiga- 1 tion and prosecution. 2 (2) The role of commanders in assuring that 3 victims in sexual assault described in paragraph (1) 4 are informed of, and have the opportunity to obtain, 5 assistance available for victims of sexual assault by 6 law. 7 (3) The role of commanders in assuring that 8 victims in sexual assault described in paragraph (1) 9 are afforded the due process rights and protections 10 available to victims by law. 11 (4) The role of commanders in preventing retal- 12 iation against victims, their family members, wit- 13 nesses, first responders, and bystanders for their 14 complaints, statements, testimony, and status in 15 connection with sexual assault described in para- 16 graph (1), including the role of commanders in en- 17 suring that subordinates in the command are aware 18 of their responsibilities in preventing such retalia- 19 tion. 20 (5) The role of commanders in establishing and 21 maintaining a healthy command climate in connec- 22 tion with reporting on sexual assault described in 23 paragraph (1) and in the response of the com- 24 mander, subordinates in the command, and other 25 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3015 IH personnel in the command to such sexual assault, 1 such reporting, and the military justice process in 2 connection with such sexual assault. 3 (6) Any other matters on the role of com- 4 manders in connection with sexual assault described 5 in paragraph (1) that the Secretary of Defense con- 6 siders appropriate for purposes of this section. 7 (c) INCORPORATION OF BEST PRACTICES.— 8 (1) IN GENERAL.—The training provided pur- 9 suant to subsection (a) shall incorporate best prac- 10 tices on all matters covered by the training. 11 (2) IDENTIFICATION OF BEST PRACTICES.—The 12 Secretaries of the military departments shall, acting 13 through the training and doctrine commands of the 14 Armed Forces, undertake from time to time surveys 15 and other reviews of the matters covered by the 16 training provided pursuant to subsection (a) in order 17 to identify and incorporate into such training the 18 most current practicable best practices on such mat- 19 ters. 20 (d) UNIFORMITY.—The Secretary of Defense shall 21 ensure that the training provided pursuant to subsection 22 (a) is, to the extent practicable, uniform across the Armed 23 Forces. 24 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3015 IH SEC. 102. TRAINING FOR SEXUAL ASSAULT INITIAL DIS- 1 POSITION AUTHORITIES ON EXERCISE OF 2 DISPOSITION AUTHORITY FOR SEXUAL AS- 3 SAULT AND COLLATERAL OFFENSES. 4 (a) IN GENERAL.—The training for Sexual Assault 5 Initial Disposition Authorities (SAIDAs) on the exercise 6 of disposition authority under chapter 47, United States 7 Code (the Uniform Code of Military Justice), with respect 8 to cases for which disposition authority is withheld to such 9 Authorities by the April 20, 2012, memorandum of the 10 Secretary of Defense, or any successor memorandum, shall 11 include comprehensive training on the exercise by such 12 Authorities of such authority with respect to such cases 13 in order to enhance the capabilities of such Authorities 14 in the exercise of such authority and thereby promote con- 15 fidence and trust in the military justice process with re- 16 spect to such cases. 17 (b) MEMORANDUM OF SECRETARY OF DEFENSE.— 18 The April 20, 2012, memorandum of the Secretary of De- 19 fense referred to in subsection (a) is the memorandum of 20 the Secretary of Defense entitled ‘‘Withholding Initial Dis- 21 position Authority Under the Uniform Code of Military 22 Justice in Certain Sexual Assault Cases’’ and dated April 23 20, 2012. 24 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3015 IH SEC. 103. THREE-YEAR EXTENSION OF DEFENSE ADVISORY 1 COMMITTEE ON INVESTIGATION, PROSECU- 2 TION, AND DEFENSE OF SEXUAL ASSAULT IN 3 THE ARMED FORCES. 4 (a) EXTENSION.—Subsection (f)(1) of section 546 of 5 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 6 Defense Authorization Act for Fiscal Year 2015 (Public 7 Law 113–291; 10 U.S.C. 1561 note) is amended by strik- 8 ing ‘‘5 years’’ and inserting ‘‘8 years’’. 9 (b) ANNUAL REPORT.— 10 (1) IN GENERAL.—Subsection (e) of such sec- 11 tion is amended by inserting ‘‘until the Advisory 12 Committee terminates under subsection (f)’’ after 13 ‘‘March 30 each year’’. 14 (2) STATUTORY CONSTRUCTION.—The annual 15 report described in section 546(e) of such Act, as 16 amended by paragraph (1), shall be required to be 17 submitted during the period specified in such sec- 18 tion, as so amended, notwithstanding section 19 1061(d)(1) of the National Defense Authorization 20 Act for Fiscal Year 2017 (Public Law 114–328; 10 21 U.S.C. 111 note) or any other provision of law. 22 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3015 IH SEC. 104. MILITARY DEPARTMENT GRANTS ON RESEARCH 1 ON SEXUAL ASSAULT PREVENTION AND RE- 2 DUCTION EFFORTS AT INSTITUTIONS OF 3 HIGHER EDUCATION. 4 (a) IN GENERAL.—Each Secretary of a military de- 5 partment shall, using amounts described in subsection (f), 6 make one or more grants to appropriate non-Federal pub- 7 lic or private entities for research on sexual assault pre- 8 vention and reduction efforts at institutions of higher edu- 9 cation for purposes of identifying best practices among 10 such efforts for dissemination to, and use at, the military 11 service academies and other institutions of higher edu- 12 cation in order to enhance prevention or reduction of inci- 13 dents of sexual assault among students of such institu- 14 tions. 15 (b) REQUIREMENTS AND LIMITATIONS.— 16 (1) COMPETITIVE AWARD.—Any grant awarded 17 pursuant to subsection (a) shall be awarded on a 18 competitive basis. 19 (2) AMOUNT OF GRANTS.—The aggregate 20 amounts of grants awarded by a Secretary pursuant 21 to subsection (a) in any fiscal year may not exceed 22 $llllllll. 23 (c) USE OF GRANT AMOUNTS.—An entity awarded 24 a grant pursuant to subsection (a) shall use the grant 25 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3015 IH amount for research for purposes specified in that sub- 1 section. 2 (d) REPORT.—Each grant awarded pursuant to sub- 3 section (a) shall require the recipient to submit to the Sec- 4 retary of the military department concerned a report on 5 the results of the research undertaken by the recipient 6 using such grant. 7 (e) USE OF RESULTS.— 8 (1) SHARING OF RESULTS.—Each Secretary of 9 a military department shall share the results of re- 10 search undertaken through grants awarded by such 11 Secretary pursuant to subsection (a) with the other 12 Secretaries of the military departments. The purpose 13 of such sharing shall be for the Secretaries of the 14 military department to jointly determine best prac- 15 tices among sexual assault prevention and reduction 16 efforts at institutions of higher education. 17 (2) USE AT MILITARY SERVICE ACADEMIES.— 18 Each Secretary of a military department shall use 19 best practices identified pursuant to paragraph (1) 20 at the military service academy under the jurisdic- 21 tion of such Secretary, modified as such Secretary 22 considers appropriate for the unique circumstances 23 of such military service academy. 24 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3015 IH (3) FURTHER DISSEMINATION.—The Secre- 1 taries of the military department shall jointly dis- 2 seminate to institutions of higher education the fol- 3 lowing: 4 (A) The best practices identified pursuant 5 to paragraph (1). 6 (B) Such other information on sexual as- 7 sault prevention and reduction efforts at insti- 8 tutions of higher education as the Secretaries 9 jointly consider appropriate in light of the re- 10 search undertaken through grants awarded pur- 11 suant to subsection (a). 12 (f) FUNDING.—Amounts for grants under this sec- 13 tion in a fiscal year shall be derived from amounts author- 14 ized to be appropriated for that fiscal year for military 15 personnel. 16 SEC. 105. REPORT ON EXPANSION OF THE CLOSE AIRMAN 17 SUPPORT TEAM APPROACH OF THE AIR 18 FORCE TO THE OTHER ARMED FORCES. 19 (a) REPORT REQUIRED.—Not later than 180 days 20 after the date of the enactment of this Act, the Secretaries 21 of the military departments shall jointly submit to the 22 Committees on Armed Services of the Senate and the 23 House of Representatives a report setting forth an assess- 24 ment of the Secretaries of the feasibility and advisability 25 VerDate Sep 11 2014 19:00 May 31, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3015.IH H3015 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3015 IH of expanding the Close Airman Support (CAS) team ap- 1 proach of the Air Force to the other Armed Forces under 2 the jurisdiction of such Secretaries. 3 (b) CLOSE AIRM [Text truncated for display. Full text available on Congress.gov.]