,,ii #aadth ,,congress #b;d ,session ,s4 #bhgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjaf ,mrs4 ,mc,caskill 7for herself and ,mrs4 ,ernst7 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 prevent retaliation in the military1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,retaliation ,prevention ,act4 #b4 ,punitive article on retaliation under the ,uniform ,code of ,military ,justice 7a7 ,punitive article ,subchapter ,x of chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice71 is amended by inserting after section #acc 7article #acc7 the following new section 7article73 #icc;a4 ,art4 #acc;a4 ,retaliation 7a7 ,in general ,any person subject to this chapter who1 with the intent to retaliate against any person for reporting or planning to report a criminal offense1 or making or planning to make a protected communication1 or with the intent to discourage any person from reporting a criminal offense or making a protected communication-- 7#a7 wrongfully takes or threatens to take an adverse personnel action against any person2 or 7#b7 wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person2 shall be punished as a court-martial may direct4 7b7 ,definitions ,in this section3 7#a7 ,the term protected communication means the following3 7,a7 ,a lawful communication to a ,member of ,congress or an ,inspector ,general4 7,b7 ,a communication to a covered individual or organization in which a member of the armed forces complains of1 or discloses information that the member reasonably believes constitutes evidence of1 any of the following3 7i7 ,a violation of law or regulation1 including a law or regulation prohibiting sexual harassment or unlawful discrimination4 7ii7 ,gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7#b7 ,the term ,inspector ,general has the meaning given that term in section #ajcd7;h7 of this title4 7#c7 ,the term covered individual or organization means any recipient of a communication specified in clauses 7i7 through 7v7 of section #ajcd7;b77#a77;,b7 of this title4 7#d7 ,the term unlawful discrimination means discrimination on the basis of race1 color1 religion1 sex1 or national origin4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,x of chapter #dg of such title is amended by inserting after the item relating to section #icc 7article #acc7 the following new item3 #icc;a4 ,art4 #acc;a4 ,retaliation4 4 #c4 ,report to complainants of resolution of investigations into retaliation 7a7 ,report required 7#a7 ,in general ,under regulations prescribed by the ,secretary of ,defense1 the results of an investigation by an office1 element1 or personnel of the ,department of ,defense or the ,armed ,forces of a complaint by a member of the ,armed ,forces of retaliation shall be reported to the member1 including whether the complaint was substantiated1 unsubstantiated1 or dismissed4 7#b7 ,members of ,coast ,guard ,the ,secretary of ,homeland ,security shall provide in a similar manner for reports on the results of investigations by offices1 elements1 or personnel of the ,department of ,homeland ,security or the ,coast ,guard of such complaints made by members of the ,coast ,guard when it is not operating as a service in the ,navy4 7b7 ,retaliation defined ,in this section1 the term retaliation has the meaning given the term by the ,secretary of ,defense in the strategy required by section #eci of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #hah7 or a subsequent meaning specified by the ,secretary4 #d4 ,training for ,department of ,defense personnel on sexual assault trauma in individuals claiming retaliation in connection with reports of sexual assault in the ,armed ,forces 7a7 ,in general ,the ,secretary of ,defense shall ensure that the personnel of the ,department of ,defense specified in subsection 7b7 who investigate claims of retaliation in connection with reports of sexual assault in the ,armed ,forces receive training on the nature and consequences of sexual assault trauma4 ,the training shall include such elements as the ,secretary shall specify for purposes of this section4 7b7 ,personnel ,the personnel of the ,department of ,defense specified in this subsection are the following3 7#a7 ,personnel of military criminal investigation services4 7#b7 ,personnel of ,inspectors ,general offices4 7#c7 ,personnel of any command of the ,armed ,forces who are assignable by the commander of such command to investigate claims of retaliation made by or against members of such command4 7c7 ,retaliation defined ,in this section1 the term retaliation has the meaning given the term by the ,secretary of ,defense in the strategy required by section #eci of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #hah7 or a subsequent meaning specified by the ,secretary4 #e4 ,inclusion in annual reports on sexual assault prevention and response efforts of the ,armed ,force of information on complaints of retaliation in connection with reports of sexual assault in the ,armed ,forces ,section #afca7;b7 of the ,ike ,skelton ,national ,defense ,authorization ,act for ,fiscal ,year #bjaa 7#aj ,u4,s4,c4 #aefa note7 is amended by adding at the end the following new paragraph3 7#ab7 ,information on each claim of retaliation in connection with a report of sexual assault in the ,armed ,forces made by or against a member of such ,armed ,force as follows3 7,a7 ,a narrative description of each complaint4 7,b7 ,the nature of such complaint1 including whether the complainant claims professional or social retaliation4 7,c7 ,the gender of the complainant4 7,d7 ,the gender of the individual claimed to have committed the retaliation4 7,e7 ,the nature of the relationship between the complainant and the individual claimed to have committed the retaliation4 7,f7 ,the nature of the relationship1 if any1 between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation4 7,g7 ,the official or office that received the complaint4 7,h7 ,the organization that investigated or is investigating the complaint4 7,i7 ,the current status of the investigation4 7,j7 ,if the investigation is complete1 a description of the results of the investigation1 including whether the results of the investigation were provided to the complainant4 7,k7 ,if the investigation determined that retaliation occurred1 whether the retaliation was an offense under chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice74 4 #f4 ,metrics for evaluating the efforts of the ,armed ,forces to prevent and respond to retaliation in connection with reports of sexual assault in the ,armed ,forces 7a7 ,metrics required ,the ,sexual ,assault ,prevention and ,response ,office of the ,department of ,defense shall establish and issue to the military departments metrics to be used to evaluate the efforts of the ,armed ,forces to prevent and respond to retaliation in connection with reports of sexual assault in the ,armed ,forces4 7b7 ,best practices ,for purposes of enhancing and achieving uniformity in the efforts of the ,armed ,forces to prevent and respond to retaliation in connection with reports of sexual assault in the ,armed ,forces1 the ,sexual ,assault ,prevention and ,response ,office shall identify and issue to the military departments best practices to be used in the prevention of and response to retaliation in connection with such reports4