,,ii  #aacth ,,congress  #ast ,session  
,s4 #edh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ac1 #bjac   
,ms4 ,klobuchar 7for herself and ,ms4   
,murkowski7 introduced the following    
bill2 which was read twice and referred 
to the ,committee on ,armed ,services   
,a ,,bill  ,to amend title #aj1 ,united 
,states ,code1 to improve and enhance   
the capabilities of the ,armed ,forces  
to prevent and respond to sexual assault
 and sexual harassment in the ,armed    
,forces1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,military ,sexual ,assault          
,prevention ,act of #bjac4  #b4         
,prohibition on service in the ,armed   
,forces by individuals who have been    
convicted of a sexual offense  7a7      
,prohibition ,chapter #cg of title #aj1 
,united ,states ,code1 is amended adding
 at the end the following new section3  
#fef4 ,prohibition on service in the    
armed forces by individuals convicted of
 a sexual offense  7a7 ,prohibition on  

commissioning or enlistment  7#a7 ,a    
person who has been convicted of an     
offense specified in paragraph 7#b7     
under ,federal or ,state law may not be 
processed for commissioning or permitted
 to enlist in the armed forces4  7#b7   
,an offense specified in this paragraph 
is any felony offense as follows3  7,a7 
,rape4  7,b7 ,sexual assault4  7,c7     
,forcible sodomy4  7,d7 ,incest4  7b7   
,administrative separation for certain  
offenses not resulting in punitive      
discharge  7#a7 ,any member of the armed
 forces on active duty1 and any member  
of a reserve component of the armed     
forces not on active duty but in active 
status1 who is convicted of an offense  
specified in paragraph 7#b7 and not     
punitively discharged from the armed    
forces in connection with such          
conviction shall be separated           
administratively from the armed forces  
for such offense4  7#b7 ,an offense     
specified in this paragraph is any      
offense as follows3  7,a7 ,rape or      

sexual assault under subsection 7a7 or  
7b7 of section #ibj of this title       
7article #abj of the ,uniform ,code of  
,military ,justice74  7,b7 ,forcible    
sodomy under section #ibe of this title 
7article #abe of the ,uniform ,code of  
,military ,justice74  7,c7 ,an attempt  
to commit an offense specified in       
subparagraph 7,a7 or 7,b71 as punishable
 under section #hhj of this title       
7article #hj of the ,uniform ,code of   
,military ,justice74  7#c7 ,under       
regulations prescribed by the ,secretary
 of ,defense1 the ,secretary of the     
military department concerned may waive 
the requirement in paragraph 7#a7 with  
respect to a member if the waiver is    
determined appropriate in the interests 
of the national security of the ,united 
,states4 ,waivers under this paragraph  
shall be made on a case-by-case basis4  
4  7b7 ,clerical amendment ,the table of
 sections at the beginning of chapter   
#cg of such title is amended by adding  
at the end the following new item3      

#fef4 ,prohibition on service in the    
armed forces by individuals convicted of
 a sexual offense4  4  #c4 ,persons who 
may exercise disposition authority      
regarding charges involving certain     
sexual misconduct offenses under the    
,uniform ,code of ,military ,justice    
7a7 ,persons who may exercise           
disposition authority  7#a7 ,disposition
 authority ,with respect to any charge  
under chapter #dg of title #aj1 ,united 
,states ,code 7the ,uniform ,code of    
,military ,justice71 that alleges an    
offense specified in paragraph 7#b71 the
 ,secretary of ,defense shall require   
the ,secretaries of the military        
departments to restrict disposition     
authority under section #hcj of such    
chapter 7article #cj of the ,uniform    
,code of ,military ,justice7 to officers
 of the ,armed ,forces who have the     
authority to convene special            
courts-martial under section #hbc of    
such chapter 7article #bc of the        
,uniform ,code of ,military ,justice71  

but not lower than the following3  7,a7 
,in the case of a training command1 the 
first brigadier general1 or1 in the case
 of the ,navy1 the first rear admiral   
7lower half71 with a legal advisor 7or  
access to a legal advisor7 in the chain 
of command of the person accused of     
committing the offense4  7,b7 ,in the   
case of any other command1 the first    
colonel1 or in the case of the ,navy1   
the first captain1 with a legal advisor 
7or access to a legal advisor7 in the   
chain of command of the person accused  
of committing the offense4  7#b7        
,covered offenses ,paragraph 7#a7       
applies with respect to a charge that   
alleges any of the following offenses   
under chapter #dg of title #aj1 ,united 
,states ,code 7the ,uniform ,code of    
,military ,justice73  7,a7 ,rape or     
sexual assault under subsection 7a7 or  
7b7 of section #ibj of such chapter     
7article #abj of the ,uniform ,code of  
,military ,justice74  7,b7 ,forcible    
sodomy under section #ibe of such       

chapter 7article #abe of the ,uniform   
,code of ,military ,justice74  7,c7 ,an 
attempt to commit an offense specified  
in subparagraph 7,a7 or 7,b71 as        
punishable under section #hhj of such   
chapter 7article #hj of the ,uniform    
,code of ,military ,justice74  7b7      
,implementation  7#a7 ,secretaries of   
military departments ,the ,secretaries  
of the military departments shall revise
 policies and procedures as necessary to
 comply with subsection 7a74  7#b7      
,secretary of ,defense ,not later than  
#ahj days after the date of the         
enactment of this ,act1 the ,secretary  
of ,defense shall recommend such changes
 to the ,manual for ,courts-,martial as 
are necessary to ensure compliance with 
subsection 7a74  #d4 ,policy of the     
,united ,states on disposition of       
charges involving certain sexual        
misconduct offenses under the ,uniform  
,code of ,military ,justice through     
courts-martial  7a7 ,statement of policy
 ,it shall be the policy of the ,united 

,states that any charge regarding an    
offense specified in subsection 7b7     
should be disposed of by court-martial1 
rather than by non-judicial punishment  
or administrative action4  7b7 ,covered 
offenses ,an offense specified in this  
subsection is any of the following      
offenses under chapter #dg of title #aj1
 ,united ,states ,code 7the ,uniform    
,code of ,military ,justice73  7#a7     
,rape or sexual assault under subsection
 7a7 or 7b7 of section #ibj of such     
chapter 7article #abj of the ,uniform   
,code of ,military ,justice74  7#b7     
,forcible sodomy under section #ibe of  
such chapter 7article #abe of the       
,uniform ,code of ,military ,justice74  
7#c7 ,an attempt to commit an offense   
specified in paragraph 7#a7 or 7#b71 as 
punishable under section #hhj of such   
chapter 7article #hj of the ,uniform    
,code of ,military ,justice74  7c7      
,justification for disposition other    
than by court-,martial ,in the case of  
any charge regarding an offense         

specified in subsection 7b7 that is     
disposed of by non-judicial punishment  
or administrative action1 rather than by
 court-martial1 the disposition         
authority provided for in section #c    
shall include in the case file a        
justification for the disposition of the
 charge by non-judicial punishment or   
administrative action1 rather than by   
court-martial4  #e4 ,command action on  
reports by members of the ,armed ,forces
 of sexual offenses involving members   
7a7 ,maximum period for action ,a       
commanding officer who receives a report
 of a sexual-related offense involving a
 member of the ,armed ,forces in the    
chain of command of such officer shall  
act upon the report in accordance with  
subsection 7b7 by not later than #bd    
hours after receipt of the report by the
 commanding officer4  7b7 ,required     
action ,the action required by this     
subsection with respect to a report     
described in subsection 7a7 is1 at the  
election of the commanding officer      

concerned1 one of the following3  7#a7  
,the submittal of the report to the next
 higher officer in the chain of command 
of the commanding officer concerned4    
7#b7 ,the referral of the report to the 
office of the special investigation of  
the military department concerned or    
such other investigation service of the 
military department concerned as the    
,secretary of the military department   
concerned may specify for purposes of   
this section4  #f4 ,inclusion and       
command review of information on        
sexual-related offenses in personnel    
service records of members of the ,armed
 ,forces  7a7 ,information on           
substantiated reports on sexual-,related
 offenses  7#a7 ,in general ,if a       
complaint of a sexual-related offense is
 made against a member of the ,armed    
,forces and the complaint is            
substantiated1 a notation to that effect
 shall be placed in the personnel       
service record of the member1 regardless
 of the member's grade4  7#b7 ,purpose  

,the purpose of the inclusion of        
information in personnel service records
 under paragraph 7#a7 is to alert       
commanders to the members of their      
command who have received courts-martial
 conviction1 non-judicial punishment1 or
 administrative action for              
sexual-related offenses in order to     
reduce the likelihood that repeat       
offenses will escape the notice of      
commanders4  7b7 ,limitation on         
placement ,a notation under subsection  
7a7 may not be placed in the restricted 
section of the personnel service record 
of a member4  7c7 ,construction ,nothing
 in subsection 7a7 or 7b7 may be        
construed to prohibit or limit the      
capacity of a member of the ,armed      
,forces to challenge or appeal the      
placement of a notation1 or location of 
placement of a notation1 in the member's
 personnel service record in accordance 
with procedures otherwise applicable to 
such challenges or appeals4  7d7        
,substantiated complaints ,for purposes 

of implementing this section1 the       
,secretary of ,defense shall use the    
definition of substantiated developed   
for purposes of the annual report on    
sexual assaults involving members of the
 ,armed ,forces prepared under section  
#afca of the ,ike ,skelton ,national    
,defense ,authorization ,act for ,fiscal
 ,year #bjaa 7#aj ,u4,s4,c4 #aefa note74
  7e7 ,command review of history of     
sexual-,related offenses of members upon
 assignment or transfer to new unit     
7#a7 ,review required ,under uniform    
regulations prescribed by the ,secretary
 of ,defense1 the commanding officer of 
a facility1 installation1 or unit to    
which a member of the ,armed ,forces    
described in paragraph 7#b7 is          
permanently assigned or transferred     
shall review the history of             
substantiated sexual offenses of the    
member in order to familiarize such     
officer with such history of the member4
  7#b7 ,covered members ,a member of the
 ,armed ,forces described in this       

paragraph is a member of the ,armed     
,forces who1 at the time of assignment  
or transfer as described in paragraph   
7#a71 has a history of one or more      
substantiated sexual offenses as        
documented in the personnel service     
record of such member or such other     
records or files as the ,secretary shall
 specify in the regulations prescribed  
under paragraph 7#a74  #g4 ,collection  
and retention of records on disposition 
of reports of sexual assault  7a7       
,collection ,the ,secretary of ,defense 
shall require that the ,secretary of    
each military department establish a    
record on the disposition of any report 
of sexual assault1 whether such         
disposition is court-martial1           
non-judicial punishment1 or other       
administrative action4 ,the record of   
any such disposition shall include the  
following1 as appropriate3  7#a7        
,documentary information collected about
 the incident reported4  7#b7           
,punishment imposed1 including the      

sentencing by judicial or non-judicial  
means including incarceration1 fines1   
restriction1 and extra duty as a result 
of military court-martial1 ,federal and 
local court and other sentencing1 or any
 other punishment imposed4  7#c7        
,reasons for the selection of the       
disposition and punishments selected4   
7#d7 ,administrative actions taken1 if  
any4  7#e7 ,any pertinent referrals     
offered as a result of the incident     
7such as drug and alcohol counseling and
 other types of counseling or           
intervention74  7b7 ,retention ,the     
,secretary of ,defense shall require    
that--  7#a7 the records established    
pursuant to subsection 7a7 be retained  
by the ,department of ,defense for a    
period of not less than #ej years2 and  
7#b7 a copy of such records be          
maintained at a centralized location for
 the same period as applies to retention
 of the records under paragraph 7#a74   
#h4 ,retention of certain forms in      
connection with ,restricted ,reports on 

sexual assault involving members of the 
,armed ,forces  7a7 ,requirement for    
retention ,subsection 7a7 of section    
#egg of the ,national ,defense          
,authorization ,act for ,fiscal ,year   
#bjac 7,public ,law #aab-bci7 is amended
 by striking ,at the request of a member
 of the ,armed ,forces who files a      
,restricted ,report on an incident of   
sexual assault involving the member1 the
 ,secretary of ,defense shall and       
inserting ,the ,secretary of ,defense   
shall4  7b7 ,conforming amendment ,the  
heading of such section is amended by   
striking at request of the member of the
 ,armed ,forces making the report4