[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4991 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4991
To amend the Uniform Code of Military Justice to establish the offense
of retaliation, to improve military justice case management, data
collection, and the accessibility of such data, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2016
Mr. Turner (for himself and Ms. Tsongas) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Uniform Code of Military Justice to establish the offense
of retaliation, to improve military justice case management, data
collection, and the accessibility of such data, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Retaliation and Open up
Transparency to Expand Care for Troops Act of 2016'' or the ``PROTECT
Act''.
SEC. 2. RETALIATION.
(a) Establishment of Offense.--Subchapter X of chapter 47 of title
10, United States Code, is amended by inserting after section 907
(article 107 of the Uniform Code of Military Justice) the following new
section (article):
``Sec. 907a. Art. 107a. Retaliation
``Any person subject to this chapter who, with the intent to
retaliate against any person for reporting or planning to report a
criminal offense, or with the intent to discourage any person from
reporting a criminal offense--
``(1) wrongfully takes or threatens to take an adverse
personnel action against any person; or
``(2) wrongfully withholds or threatens to withhold a
favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code, is amended
by inserting after the item relating to section 907 (article 107 of the
Uniform Code of Military Justice) the following new item:
``907a. 107a. Retaliation.''.
SEC. 3. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION AND
ACCESSIBILITY.
(a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
adding at the end the following new section (article):
``Sec. 940a. Art. 140a. Case management; data collection and
accessibility
``The Secretary of Defense shall prescribe uniform standards and
criteria for conduct of each of the following functions at all stages
of the military justice system, including pretrial, trial, post-trial,
and appellate processes, using, insofar as practicable, the best
practices of Federal and State courts:
``(1) Collection and analysis of data concerning
substantive offenses and procedural matters in a manner that
facilitates case management and decisionmaking within the
military justice system, and that enhances the quality of
periodic reviews under section 946 of this title (article 146).
``(2) Case processing and management.
``(3) Timely, efficient, and accurate production and
distribution of records of trial within the military justice
system.
``(4) Facilitation of access to docket information,
filings, and records, taking into consideration restrictions
appropriate to judicial proceedings and military records.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter XI of chapter 47 of title 10, United States Code, is amended
by adding at the end the following item:
``940a. 140a. Case management; data collection and accessibility.''.
(c) Effective Dates.--
(1) Implementation.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall carry out section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), as
added by subsection (a).
(2) Deadline for standards and criteria.--Not later than
four years after the date of the enactment of this Act, the
standards and criteria under section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect.
SEC. 4. IMPROVED INVESTIGATION OF ALLEGATIONS OF PROFESSIONAL
RETALIATION.
Section 1034(c)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) The Secretary concerned shall ensure that any individual
investigating an allegation as described in paragraph (1) must have
training in the definition and characteristics of retaliation. In
addition, if the investigation involves alleged retaliation in response
to a communication regarding a violation of a law or regulation
prohibiting rape, sexual assault, or other sexual misconduct in
violation of sections 920 through 920c of this title (articles 120
through 120c of the Uniform Code of Military Justice), the training
shall include specific instruction regarding such violations.''.
SEC. 5. ANNUAL REPORT ON INFORMATION RECEIVED BY DEPARTMENT OF DEFENSE
FAMILY ADVOCACY PROGRAMS REGARDING UNWANTED SEXUAL
CONTACT BY MEMBERS OF THE ARMED FORCES.
Not later than January 31, 2017, and each January 31 thereafter
through January 31, 2021, the Secretary of each military department
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing information
regarding each report of unwanted sexual contact committed by a member
of the Armed Forces against a domestic partner or child of the member
that was received by a family advocacy program of the Department of
Defense during the preceding year covered by the report.
SEC. 6. SENSE OF CONGRESS REGARDING PLIGHT OF MALE VICTIMS OF MILITARY
SEXUAL TRAUMA.
(a) Finding.--Congress finds that the plight of male victims of
military sexual trauma remains in the shadows due a lack of social
awareness on the issue of male victimization.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should--
(1) enhance victims' access to intensive medical and mental
health treatment for military sexual trauma treatment;
(2) look for opportunities to utilize male survivors of
sexual assault as presenters during annual Sexual Assault
Preventions and Response training; and
(3) ensure Department of Defense medical and mental health
providers are adequately trained to meet the needs of male
survivors of military sexual trauma.
<all>