,i #aafth ,,congress #ast ,session ,h4 ,r4 #cadh ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjai ,mr4 ,turner 7for himself and ,mrs4 ,davis of ,california7 introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to improve protections for victims of sexual assault in the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sexual ,trauma ,ongoing ,protections ,act of #bjai or the ,,stop ,act of #bjai4 #b4 ,command influence under the ,uniform ,code of ,military ,justice 7a7 ,article #cg ,section #hcg of title #aj1 ,united ,states ,code 7article #cg of the ,uniform ,code of ,military ,justice71 is amended-- 7#a7 in the heading1 by striking ,unlawfully influencing action of court and inserting ,command influence2 7#b7 in subsection 7a7-- 7,a7 by striking 7a7 ,no authority convening a general1 special1 or summary court-martial and inserting 7a77#a7 ,no court-martial convening authority2 7,b7 in paragraph 7#a7 7as designated by subparagraph 7,a7 of this paragraph71 by striking proceeding4 ,no person and inserting the following3 proceeding4 7#c7 ,no person 2 7,c7 by inserting before paragraph 7#c7 7as designated by subparagraph 7,b7 of this paragraph7 the following new paragraph3 7#b7 ,no court-martial convening authority1 nor any other commanding officer1 may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial4 ,the denial of a request to travel at ,government expense or refusal to make a witness available shall not by itself constitute unlawful command influence4 2 7,d7 in paragraph 7#c7 7as so designated7-- 7i7 by inserting attempt to before influence2 7ii7 by striking with respect to his judicial acts and inserting or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the ,president2 and 7iii7 by striking the second sentence2 and 7,e7 by adding at the end the following new paragraphs3 7#d7 ,paragraphs 7#a7 through 7#c7 shall not apply with respect to-- 7,a7 general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial2 7,b7 statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition1 or a particular court-martial finding1 or sentence2 or 7,c7 statements and instructions given in open court by the military judge or counsel4 7#e7 7,a7 ,notwithstanding paragraphs 7#a7 through 7#c71 but subject to subparagraph 7,b7-- 7i7 a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer2 and 7ii7 a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter4 7,b7 ,no superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer4 2 7#c7 in subsection 7b7-- 7,a7 by striking to be advanced1 in grade and inserting to be advanced in grade2 and 7,b7 by striking accused before a court-martial and inserting person in a court-martial proceeding2 and 7#d7 by adding at the end the following new subsections3 7c7 ,no finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section1 or the doctrine of apparent unlawful command influence1 unless the violation materially prejudices the substantial rights of the accused4 7d7 7#a7 ,a superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases1 types of cases1 or generally4 7#b7 ,except as otherwise authorized by this chapter1 a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses4 4 7b7 ,article #ec;a ,section #hec;a7b77#e7 of title #aj1 ,united ,states ,code 7article #ec;a of the ,uniform ,code of ,military ,justice71 is amended by striking the ,president and inserting the ,president1 the ,secretary of ,defense1 or the ,secretary concerned44 7c7 ,table of sections amendment ,the table of sections at the beginning of subchapter ,,vii of chapter #dg of title #aj1 ,united ,states ,code1 is amended by striking the item relating to section #hcg 7article #cg of the ,uniform ,code of ,military ,justice7 and inserting the following new item3 #hcg4 ,art4 #cg4 ,command influence4 4 #c4 ,annual report on military protective orders 7a7 ,report required ,chapter #hj of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aefg;b4 ,annual report on military protective orders ,not later than ,march #a1 #bjbj1 and each year thereafter through #bjbd1 the ,secretary of ,defense shall submit to the congressional defense committees a report that identifies-- 7#a7 the number of military protective orders issued in the calendar year preceding the year in which the report is submitted2 and 7#b7 the number of such orders that were reported to appropriate civilian authorities in accordance with section #aefg;a7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding after the item relating to section #aefg;a the following new item3 #aefg;b4 ,annual report on military protective orders4 4 #d4 ,consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense 7a7 ,military ,academy ,section #gdfa of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection 7e73 7e7 ,consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense 7#a7 ,the ,secretary of the ,army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section #ibj1 #ibj;a1 or #ibj;c of this title 7article #abj1 #abj;a1 or #abj;c of the ,uniform ,code of ,military ,justice7 so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense4 7#b7 ,the ,secretary of the ,army shall prescribe regulations to carry out this subsection1 within guidelines provided by the ,secretary of ,defense that direct the ,superintendent of the ,military ,academy1 in coordination with the ,superintendent of the military service academy to which the cadet wishes to transfer1 to approve or deny an application under this subsection not later than #gb hours after the submission of the application4 ,if the ,superintendent denies such an application1 the cadet may request review of the denial by the ,secretary of the ,army1 who shall grant or deny review not later than #gb hours after submission of the request for review4 ,the ,secretary of the ,army shall ensure that all records of any request1 determination1 or action under this subsection remain confidential4 4 7b7 ,naval ,academy ,section #hdhj of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection 7e73 7e7 ,consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense 7#a7 ,the ,secretary of the ,navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section #ibj1 #ibj;a1 or #ibj;c of this title 7article #abj1 #abj;a1 or #abj;c of the ,uniform ,code of ,military ,justice7 so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense4 7#b7 ,the ,secretary of the ,navy shall prescribe regulations to carry out this subsection1 within guidelines provided by the ,secretary of ,defense that direct the ,superintendent of the ,naval ,academy1 in coordination with the ,superintendent of the military service academy to which the midshipman wishes to transfer1 to approve or deny an application under this subsection not later than #gb hours after the submission of the application4 ,if the ,superintendent denies such an application1 the midshipman may request review of the denial by the ,secretary of the ,navy1 who shall grant or deny review not later than #gb hours after submission of the request for review4 ,the ,secretary of the ,navy shall ensure that all records of any request1 determination1 or action under this subsection remain confidential4 4 7c7 ,air ,force ,academy ,section #idfa of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection 7e73 7e7 ,consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense 7#a7 ,the ,secretary of the ,air ,force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section #ibj1 #ibj;a1 or #ibj;c of this title 7article #abj1 #abj;a1 or #abj;c of the ,uniform ,code of ,military ,justice7 so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense4 7#b7 ,the ,secretary of the ,air ,force shall prescribe regulations to carry out this subsection1 within guidelines provided by the ,secretary of ,defense that direct the ,superintendent of the ,air ,force ,academy1 in coordination with the ,superintendent of the military service academy to which the cadet wishes to transfer1 to approve or deny an application under this subsection not later than #gb hours after the submission of the application4 ,if the ,superintendent denies such an application1 the cadet may request review of the denial by the ,secretary of the ,air ,force1 who shall grant or deny review not later than #gb hours after submission of the request for review4 ,the ,secretary of the ,air ,force shall ensure that all records of any request1 determination1 or action under this subsection remain confidential4 4 #e4 ,timely disposition of nonprosecutable sex-related offenses 7a7 ,policy required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses in accordance with subsection 7b74 7b7 ,elements ,the policy developed under subsection 7a7 shall require the following3 7#a7 ,not later than seven days after the date on which a court-martial convening authority declines to refer a nonprosecutable sex-related offense for trial by general or special court-martial under chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice71 the convening authority will forward the investigation to the commander of the accused4 7#b7 ,not later than #ij days after the date on which the commander of the accused receives the investigation under paragraph 7#a7-- 7,a7 the commander will determine whether or not to take other judicial1 nonjudicial1 or administrative action in connection with the conduct covered by the investigation1 including any lesser included offenses1 as authorized under section #hae of title #aj1 ,united ,states ,code 7article #ae of the ,uniform ,code of ,military ,justice72 and 7,b7 in a case in which the commander of the accused decides to take additional action under subparagraph 7,a71 the commander take such actions as appropriate4 7c7 ,nonprosecutable sex-,related offense defined ,in this section1 the term nonprosecutable sex-related offense means an alleged sex-related offense 7as that term is defined in section #ajdd;e7g7 of title #aj1 ,united ,states ,code7 that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice7 due to a determination that there is insufficient evidence to support prosecution of the sex-related offense4 #f4 ,victim preference in restricted reporting of sexual assault 7a7 ,policy required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall develop and implement a policy to ensure that a member of the ,armed ,forces1 or an adult dependent of a member1 who is the victim of a sexual assault may elect to file a restricted report of the assault1 without regard to whether the allegation was disclosed1 directly or indirectly1 to a third party4 7b7 ,sexual assault defined ,in this section1 the term sexual assault includes the offenses of rape1 sexual assault1 forcible sodomy1 aggravated sexual contact1 abusive sexual contact1 and attempts to commit such offenses1 as punishable under applicable ,federal or ,state law4 #g4 ,extension of ,defense ,advisory ,committee on ,investigation1 ,prosecution1 and ,defense of ,sexual ,assault in the ,armed ,forces ,section #edf of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia2 #aj ,u4,s4,c4 #aefa note7 is amended-- 7#a7 by redesignating the second subsection 7f7 as subsection 7g72 and 7#b7 in subsection 7f77#a71 by striking five years and inserting #aj years4 #h4 ,report on guardian ad litem for child victims of sexual assault ,not later than #ahj days after the date of the enactment of this ,act1 the ,defense ,advisory ,committee on ,investigation1 ,prosecution1 and ,defense of ,sexual ,assault in the ,armed ,forces shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report that evaluates the need for1 and the feasability of1 establishing a process under which a guardian ad litem may be appointed to represent the interests of a victim of an alleged sex-related offense 7as that term is defined in section #ajdd;e7g7 of title #aj1 ,united ,states ,code7 who has not attained the age of #ah years4