,,ii #aacth ,,congress #ast ,session ,s4 #hga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjac ,mrs4 ,murray 7for herself1 ,ms4 ,ayotte1 and ,mr4 ,blumenthal7 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 enhance assistance for victims of sexual assault committed by members of the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,combating ,military ,sexual ,assault ,act of #bjac4 #b4 ,special ,victims' ,counsel for victims of sexual assault committed by members of the ,armed ,forces 7a7 ,special ,victims' ,counsel for victims of sexual assault committed by members of the ,armed ,forces 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretaries of the military departments shall each implement a program on the provision of a ,special ,victims' ,counsel to victims of a sexual assault committed by a member of the ,armed ,forces4 7#b7 ,qualification ,an individual may not be designated as a ,special ,victims' ,counsel under this subsection unless the individual is-- 7,a7 a judge advocate who is a graduate of an accredited law school or is a member of the bar of a ,federal court or the highest court of a ,state2 and 7,b7 is certified as competent to be designated as a ,special ,victims' ,counsel by the ,judge ,advocate ,general of the ,armed ,force of which the individual is a member4 7#c7 ,duties 7,a7 ,in general ,subject to subparagraph 7,c71 the duties of a ,special ,victims' ,counsel shall include the provision of legal advice and assistance to a victim in connection with criminal and civil legal matters related to the sexual assault committed against the victim1 including the following3 7i7 ,legal advice and assistance regarding criminal liability of the victim4 7ii7 ,legal advice and assistance regarding the victim's responsibility to testify1 and other duties to the court4 7iii7 ,legal advice regarding the potential for civil litigation against other parties 7other than the ,department of ,defense74 7iv7 ,legal advice regarding any proceedings of the military justice process which the victim may observe4 7v7 ,legal advice and assistance regarding any proceeding of the military justice process in which the victim may participate as a witness or other party4 7vi7 ,legal advice and assistance regarding available military or civilian restraining or protective orders4 7vii7 ,legal advice and assistance regarding available military and veteran benefits4 7viii7 ,legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section #ajdd of title #aj1 ,united ,states ,code4 7ix7 ,such other legal advice and assistance as the ,secretary of the military department concerned shall specify for purposes of the program implemented under this subsection4 7,b7 ,nature of relationship ,the relationship between a ,special ,victims' ,counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client4 7b7 ,assistance and reporting 7#a7 ,assistance ,section #aefe;b of title #aj1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsection 7b7 as subsection 7c72 and 7,b7 by inserting after subsection 7a7 the following new subsection 7b73 7b7 ,availability of ,special ,victims' ,counsel for victims of sexual assault committed by members of the ,armed ,forces 7#a7 ,a member of the armed forces1 or a dependent of a member1 who is the victim of a sexual assault described in paragraph 7#b7 may be provided assistance by a ,special ,victims' ,counsel4 7#b7 ,a sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows3 7,a7 ,rape or sexual assault under section #ibj of this title 7article #abj of the ,uniform ,code of ,military ,justice74 7,b7 ,an attempt to commit an offense specified in subparagraph 7,a7 as punishable under section #hhj of this title 7article #hj of the ,uniform ,code of ,military ,justice74 7#c7 ,a member of the armed forces or dependent who is the victim of sexual assault described in paragraph 7#b7 shall be informed of the availability of assistance under paragraph 7#a7 as soon as the member or dependent seeks assistance from a ,sexual ,assault ,response ,coordinator1 a ,sexual ,assault ,victim ,advocate1 a military criminal investigator1 a victim_/witness liaison1 a trial counsel1 health care providers1 or any other personnel designated by the ,secretary of the military department concerned for purposes of this paragraph4 ,the member or dependent shall also be informed that the assistance of a ,special ,victims' ,counsel under paragraph 7#a7 is optional and may be declined1 in whole or in part1 at any time4 7#d7 ,assistance of a ,special ,victims' ,counsel under paragraph 7#a7 shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted 7confidential7 reporting of the sexual assault4 4 7#b7 ,reporting ,subsection 7c7 of such section1 as redesignated by paragraph 7#a77;,a7 of this subsection1 is further amended in paragraph 7#b7-- 7,a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,b7 by inserting after subparagraph 7,b7 the following new subparagraph 7,c73 7,c7 ,a ,special ,victims' ,counsel4 4 7c7 ,conforming amendments to authority on ,,sarc1 ,,sava1 and related assistance ,subsection 7a7 of such section is amended-- 7#a7 in paragraph 7#a71 by striking may and inserting shall1 upon request12 and 7#b7 in paragraph 7#b7-- 7,a7 by inserting a ,special ,victims' ,counsel1 after a ,sexual ,assault ,victim ,advocate12 and 7,b7 by striking or a trial counsel and inserting a trial counsel1 health care providers1 or any other personnel designated by the ,secretary of the military department concerned for purposes of this paragraph4 7d7 ,conforming and clerical amendments 7#a7 ,heading amendment ,the heading of such section is amended to read as follows3 #aefe;b4 ,victims of sexual assault3 access to legal assistance and services of ,sexual ,assault ,coordinators1 ,sexual ,assault ,victim ,advocates1 and ,special ,victims' ,counsels 4 7#b7 ,table of sections ,the table of sections at the beginning of chapter #hj of such title is amended by striking the item relating to section #aefe;b and inserting the following new item3 #aefe;b4 ,victims of sexual assault3 access to legal assistance and services of ,sexual ,assault ,coordinators1 ,sexual ,assault ,victim ,advocates1 and ,special ,victims' ,counsels4 4 #c4 ,enhanced responsibilities of ,sexual ,assault ,prevention and ,response ,office for ,department of ,defense sexual assault prevention and response program 7a7 ,in general ,section #afaa7;b7 of the ,ike ,skelton ,national ,defense ,authorization ,act for ,fiscal ,year #bjaa 7#aj ,u4,s4,c4 #aefa note7 is amended by striking shall-- and all that follows and inserting 8shall do the following3 7#a7 ,oversee development and implementation of the comprehensive policy for the ,department of ,defense sexual assault prevention and response program1 including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response4 7#b7 ,serve as the single point of authority1 accountability1 and oversight for the sexual assault prevention and response program4 7#c7 ,undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the ,armed ,forces4 7#d7 ,collect and maintain data of the military departments on sexual assault in accordance with section #afae4 7#e7 ,provide oversight to ensure that the military departments maintain documents relating to the following3 7,a7 ,allegations and complaints of sexual assault involving members of the ,armed ,forces4 7,b7 ,courts-martial or trials of members of the ,armed ,forces for offenses relating to sexual assault4 7#f7 ,act as liaison between the ,department of ,defense and other ,federal and ,state agencies on programs and efforts relating to sexual assault prevention and response4 7#g7 ,oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program1 and make recommendations on modifications to policy1 law1 and regulations needed to ensure the continuing availability of such resources4 7#h7 ,provide to the ,secretary of ,veterans ,affairs any records or documents on sexual assault in the ,armed ,forces1 including restricted reports with the approval of the individuals who filed such reports1 that are required by the ,secretary for purposes of the administration of the laws administered by the ,secretary4 4 7b7 ,collection and maintenance of data ,subtitle ,a of title ,,xvi of such ,act 7#aj ,u4,s4,c4 #aefa note7 is amended by adding at the end the following new section3 #afae4 ,collection and maintenance of data of military departments on sexual assault prevention and response ,in carrying out the requirements of section #afaa7;b77#d71 the ,director of the ,sexual ,assault ,prevention and ,response ,office shall do the following3 7#a7 ,collect from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the ,armed ,forces in a manner consistent with the policy and procedures developed pursuant to section #ehf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #aefa note7 that protect the privacy of individuals named in records and the status of records4 7#b7 ,maintain data collected from the military departments under paragraph 7#a74 7#c7 ,assemble from the data collected and maintained under this section quarterly and annual reports on the involvement of members of the ,armed ,forces in incidents of sexual assault4 7#d7 ,develop metrics to measure the effectiveness of1 and compliance with1 training and awareness objectives of the military departments on sexual assault prevention and response4 7#e7 ,establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response1 including1 but not limited to1 the annual reports required by section #afca1 and ensure that the submittals of the military departments for purposes of such reports include data within such categories4 4 7c7 ,element on unit of accused and victim in case synopses in annual report on sexual assaults 7#a7 ,in general ,section #afca7;f7 of such ,act 7#aj ,u4,s4,c4 #aefa note7 is amended-- 7,a7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following new paragraph 7#e73 7#e7 ,the case synopsis shall indicate the unit of each member of the ,armed ,forces accused of committing a sexual assault and the unit of each member of the ,armed ,forces who is a victim of sexual assault4 4 7#b7 ,application of amendments ,the amendments made by paragraph 7#a7 shall apply beginning with the report regarding sexual assaults involving members of the ,armed ,forces required to be submitted by ,march #a1 #bjad1 under section #afca of the ,ike ,skelton ,national ,defense ,authorization ,act for ,fiscal ,year #bjaa4 #d4 ,disposition and other requirements for rape and sexual assault offenses under the ,uniform ,code of ,military ,justice 7a7 ,disposition and other requirements 7#a7 ,in general ,subchapter ,,vi of chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice71 is amended by inserting after section #hcj 7article #cj7 the following new section 7article73 #hcj;a4 ,art4 #cj;a4 ,rape and sexual assault offenses3 disposition and other requirements 7a7 ,in general ,notwithstanding any other provision of this chapter1 charges on offenses specified in subsection 7b7 shall be subject to the disposition requirement in subsection 7c7 and subject to the other requirements and limitations set forth this section4 7b7 ,covered offenses ,the charges on offenses specified in this subsection are charges on the offenses as follows3 7#a7 ,rape or sexual assault under section #ibj of this title 7article #abj74 7#b7 ,an attempt to commit an offense specified in paragraph 7#a7 as punishable under section #hhj of this title 7article #hj74 7c7 ,disposition requirements 7#a7 ,subject to paragraph 7#b71 the charges on any offense specified in subsection 7b7 shall be referred to an appropriate authority for convening general courts-martial under section #hbb of this title 7article #bb7 for disposition4 7#b7 ,if the appropriate authority to which charges described in paragraph 7#a7 would be referred under that paragraph is a member with direct supervisory authority over the member alleged to have committed the offense1 such charges shall be referred to a superior authority competent to convene a general court-martial4 7d7 ,victim's rights ,a victim of an offense specified in subsection 7b7 shall have rights as follows3 7#a7 ,to a ,special ,victims' ,counsel provided under section #aefe;b7b7 of this title4 7#b7 ,to have all communications between the victim and any ,sexual ,assault ,response ,coordinator1 ,sexual ,assault ,victim ,advocate1 or ,special ,victims' ,counsel for the victim considered privileged communications for purposes of the case and any proceedings relating to the case4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,,vi of chapter #dg of such title 7the ,uniform ,code of ,military ,justice7 is amended by inserting after the item relating to section #hcj 7article #cj7 the following new item3 #hcj;a4 ,art4 #cj;a4 ,rape and sexual assault offenses3 disposition and other requirements4 4 7b7 ,revision of ,manual for ,courts-,martial ,the ,joint ,service ,committee on ,military ,justice shall amend the ,manual for ,courts-,martial to reflect the requirements in section #hcj;a of title #aj1 ,united ,states ,code 7article #hcj;a of the ,uniform ,code of ,military ,justice71 as added by subsection 7b71 including1 in particular1 section #cjf of the ,manual relating to disposition of charges4 #e4 ,prohibition on sexual acts and contact between certain military instructors and their trainees 7a7 ,prohibition ,section #ibj of title #aj1 ,united ,states ,code 7article #abj of the ,uniform ,code of ,military ,justice71 is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h72 respectively2 and 7#b7 by inserting after subsection 7d7 the following new subsection 7e73 7e7 ,sexual acts and sexual contact between certain military instructors and trainees 7#a7 ,enhanced prohibition on sexual assault ,a military instructor who commits a sexual act upon a member of the armed forces while the member is undergoing basic training 7or its equivalent7 or within #cj days after completing such training is guilty of sexual assault and shall be punished as a court-martial may direct4 7#b7 ,enhanced prohibition on abusive sexual contact ,a military instructor who commits or causes sexual contact upon or by a member of the armed forces while the member is undergoing basic training 7or its equivalent71 or within #cj days after completing such training1 which instructor was not the spouse of the member at the member's commencement of such training1 is guilty of abusive sexual contact and shall be punished as a court-martial may direct4 7#c7 ,covered military instructors ,this subsection applies with respect to the following members of the armed forces otherwise subject to this chapter3 7,a7 ,drill ,sergeants in the ,army4 7,b7 ,drill ,instructors in the ,marine ,corps4 7,c7 ,recruit ,division ,commanders in the ,navy4 7,d7 ,military ,training instructors in the ,air ,force4 7,e7 ,company ,commanders in the ,coast ,guard4 7,f7 ,such other members of the armed forces as the ,secretary concerned may designate as having supervisory authority over new recruits undergoing basic training 7or its equivalent74 7#d7 ,consent ,lack of consent is not an element and need not be proven in any prosecution under this subsection4 ,consent is not a defense for any conduct in issue in any prosecution under this subsection4 4 7b7 ,cross references to definitions ,chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice71 is amended-- 7#a7 in section #ibj;b7h77#a7 7article #abj;b7h77#a771 by striking section #ibj7;g7 of this title 7article #abj7;g77 and inserting section #ibj of this title 7article #abj72 and 7#b7 in section #ibj;c7d77#a7 7article #abj;c7d77#a771 by striking section #ibj7;g7 of this title 7article #abj7;g777 and inserting section #ibj of this title 7article #abj774 #f4 ,availability of ,sexual ,assault ,response ,coordinators for members of the ,national ,guard 7a7 ,availability in each ,national ,guard ,state and ,territory ,section #ehd7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7,public ,law #aab-ha2 #abe ,stat4 #adcc2 #aj ,u4,s4,c4 #aefa note7 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,availability in each ,national ,guard ,state and territory ,the ,national ,guard of each ,state and ,territory shall ensure that a ,sexual ,assault ,response ,coordinator is available at all times to the members of the ,national ,guard of such ,state or ,territory4 ,the ,secretary of the ,army and the ,secretary of the ,air ,force may1 in consultation with the ,chief of the ,national ,guard ,bureau1 assign additional ,sexual ,assault ,response ,coordinators in a ,state or ,territory as necessary based on the resource requirements of ,national ,guard units within such ,state or ,territory4 ,any additional ,sexual ,assault ,response ,coordinator may serve on a full-time or part-time basis at the discretion of the assigning ,secretary4 4 7b7 ,availability ,to provide assistance for members of the ,national ,guard in ,state status ,section #aefe;b of title #aj1 ,united ,states ,code1 as amended by section #b of this ,act1 is further amended in subsection 7a7-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,in the case of a member of the ,national ,guard in ,state status under title #cb who is the victim of a sexual assault1 assistance provided by a ,sexual ,assault ,response ,coordinator shall be provided by the ,sexual ,assault ,response ,coordinator ,assistance available in the ,state or ,territory concerned under paragraph 7#b7 of section #ehd7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #aefa note71 but1 with the approval of the ,secretary of the ,army or the ,secretary of the ,air ,force1 as applicable1 may also be provided by ,sexual ,assault ,response ,coordinator assigned under paragraph 7#a7 of that section4 4