,,ii  #aafth ,,congress  #ast ,session  
,s4 #adie  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ae1 #bjai
 ,ms4 ,mc,sally 7for herself1 ,mr4      
,tillis1 ,mr4 ,blunt1 ,ms4 ,ernst1 ,mr4 
,scott of ,florida1 and ,mr4 ,rounds7   
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 the prevention
 of sexual assault and related offenses 
in the ,armed ,forces1 to enhance       
protections of victims of such offenses1
 to improve the investigation and       
prosecution of such offenses1 and for   
other purposes4  #a4 ,short title2 table
 of contents  7a7 ,short title  ,this   
,act may be cited as the ,combating     
,military ,sexual ,assault ,act4  7b7   
,table of contents ,the table of        
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4 ,,title ,i--,prevention and   
,training on ,sexual ,assault in the    

,armed ,forces ,sec4 #aja4 ,training for
 commanders in the ,armed ,forces on    
their role in all stages of military    
justice in connection with sexual       
assault4 ,sec4 #ajb4 ,training for      
,sexual ,assault ,initial ,disposition  
,authorities on exercise of disposition 
authority for sexual assault and        
collateral offenses4 ,sec4 #ajc4        
,three-year extension of ,defense       
,advisory ,committee on ,investigation1 
,prosecution1 and ,defense of ,sexual   
,assault in the ,armed ,forces4 ,sec4   
#ajd4 ,military department grants on    
research on sexual assault prevention   
and reduction efforts at institutions of
 higher education4 ,sec4 #aje4 ,report  
on expansion of the ,close ,airman      
,support team approach of the ,air      
,force to the other ,armed ,forces4     
,,title ,,ii--,support of ,victims of   
,sexual ,assault in the ,armed ,forces  
,sec4 #bja4 ,expansion of               
responsibilities of commanders for      
victims of sexual assault committed by  

another member of the ,armed ,forces4   
,sec4 #bjb4 ,availability of ,special   
,victims' ,counsel and ,special ,victim 
,prosecutors at military installations4 
,sec4 #bjc4 ,preservation of recourse to
 ,restricted ,report on sexual assault  
for victims of sexual assault being     
investigated following certain victim or
 third-party communications4 ,sec4 #bjd4
 ,treatment of information in ,catch a  
,serial ,offender ,program for certain  
purposes4 ,sec4 #bje4 ,report on        
expansion of ,air ,force safe to report 
policy across the ,armed ,forces4       
,,title ,,iii--,investigation of ,sexual
 ,assault in the ,armed ,forces and     
,related ,matters ,sec4 #cja4 ,expansion
 of pre-referral matters reviewable by  
military judges and military magistrates
 in the interest of efficiency in       
military justice4 ,sec4 #cjb4 ,increase 
in number of digital forensic examiners 
for the military criminal investigation 
organizations4 ,sec4 #cjc4 ,pilot       
programs on defense investigators in the

 military justice system4 ,sec4 #cjd4   
,report on mechanisms to enhance the    
integration and synchronization of      
activities of ,special ,victim          
,investigation and ,prosecution         
personnel with activities of military   
criminal investigation organizations4   
,,title ,,iv--,prosecution ,matters     
,sec4 #dja4 ,punitive article in the    
,uniform ,code of ,military ,justice on 
sexual harassment affecting the duties1 
work1 or career of a member of the      
,armed ,forces4 ,sec4 #djb4 ,non-binding
 guidelines on sentences of confinement 
for convictions of offenses under the   
,uniform ,code of ,military ,justice4   
,,title ,v--,other ,matters ,sec4 #eja4 
,survey of members of the ,armed ,forces
 on their experiences with military     
investigations and military justice4    
,sec4 #ejb4 ,annual report on military  
protective orders4 ,sec4 #ejc4 ,privacy 
,act exclusion for courts-martial to    
allow for public access to dockets1     
filings1 and court records4 ,sec4 #ejd4 

,report on standardization among the    
military departments in collection and  
presentation of information on matters  
within the military justice system4  ,i 
,prevention and ,training on ,sexual    
,assault in the ,armed ,forces  #aja4   
,training for commanders in the ,armed  
,forces on their role in all stages of  
military justice in connection with     
sexual assault  7a7 ,in general ,the    
training provided commanders in the     
,armed ,forces shall include            
comprehensive training on the role of   
commanders in all stages of military    
justice in connection with sexual       
assaults by members of the ,armed       
,forces against other members of the    
,armed ,forces4  7b7 ,elements ,to be   
covered ,the training provided pursuant 
to subsection 7a7 shall include training
 on the following3 7#a7 ,the role of    
commanders in each stage of the military
 justice process in connection with     
sexual assault committed by a member of 
the ,armed ,forces against another      

member1 including investigation and     
prosecution4  7#b7 ,the role of         
commanders in assuring that victims in  
sexual assault described in paragraph   
7#a7 are informed of1 and have the      
opportunity to obtain1 assistance       
available for victims of sexual assault 
by law4  7#c7 ,the role of commanders in
 assuring that victims in sexual assault
 described in paragraph 7#a7 are        
afforded the due process rights and     
protections available to victims by law4
  7#d7 ,the role of commanders in       
preventing retaliation against victims1 
their family members1 witnesses1 first  
responders1 and bystanders for their    
complaints1 statements1 testimony1 and  
status in connection with sexual assault
 described in paragraph 7#a71 including 
the role of commanders in ensuring that 
subordinates in the command are aware of
 their responsibilities in preventing   
such retaliation4  7#e7 ,the role of    
commanders in establishing and          
maintaining a healthy command climate in

 connection with reporting on sexual    
assault described in paragraph 7#a7 and 
in the response of the commander1       
subordinates in the command1 and other  
personnel in the command to such sexual 
assault1 such reporting1 and the        
military justice process in connection  
with such sexual assault4  7#f7 ,any    
other matters on the role of commanders 
in connection with sexual assault       
described in paragraph 7#a7 that the    
,secretary of ,defense considers        
appropriate for purposes of this        
section4  7c7 ,incorporation of best    
practices  7#a7 ,in general ,the        
training provided pursuant to subsection
 7a7 shall incorporate best practices on
 all matters covered by the training4   
7#b7 ,identification of best practices  
,the ,secretaries of the military       
departments shall1 acting through the   
training and doctrine commands of the   
,armed ,forces1 undertake from time to  
time surveys and other reviews of the   
matters covered by the training provided

 pursuant to subsection 7a7 in order to 
identify and incorporate into such      
training the most current practicable   
best practices on such matters4  7d7    
,uniformity ,the ,secretary of ,defense 
shall ensure that the training provided 
pursuant to subsection 7a7 is1 to the   
extent practicable1 uniform across the  
,armed ,forces4  #ajb4 ,training for    
,sexual ,assault ,initial ,disposition  
,authorities on exercise of disposition 
authority for sexual assault and        
collateral offenses  7a7 ,in general    
,the training for ,sexual ,assault      
,initial ,disposition ,authorities      
7,s,a,i,d,as7 on the exercise of        
disposition authority under chapter #dg1
 ,united ,states ,code 7the ,uniform    
,code of ,military ,justice71 with      
respect to cases for which disposition  
authority is withheld to such           
,authorities by the ,april #bj1 #bjab1  
memorandum of the ,secretary of         
,defense1 or any successor memorandum1  
shall include comprehensive training on 

the exercise by such ,authorities of    
such authority with respect to such     
cases in order to enhance the           
capabilities of such ,authorities in the
 exercise of such authority and thereby 
promote confidence and trust in the     
military justice process with respect to
 such cases4  7b7 ,memorandum of        
,secretary of ,defense ,the ,april #bj1 
#bjab1 memorandum of the ,secretary of  
,defense referred to in subsection 7a7  
is the memorandum of the ,secretary of  
,defense entitled ,withholding ,initial 
,disposition ,authority ,under the      
,uniform ,code of ,military ,justice in 
,certain ,sexual ,assault ,cases and    
dated ,april #bj1 #bjab4  #ajc4         
,three-year extension of ,defense       
,advisory ,committee on ,investigation1 
,prosecution1 and ,defense of ,sexual   
,assault in the ,armed ,forces  7a7     
,extension ,subsection 7f77#a7 of       
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 by    
striking #e years and inserting #h      
years4  7b7 ,annual report  7#a7 ,in    
general ,subsection 7e7 of such section 
is amended by inserting until the       
,advisory ,committee terminates under   
subsection 7f7 after ,march #cj each    
year4  7#b7 ,statutory construction ,the
 annual report described in section     
#edf7;e7 of such ,act1 as amended by    
paragraph 7#a71 shall be required to be 
submitted during the period specified in
 such section1 as so amended1           
notwithstanding section #ajfa7;d77#a7 of
 the ,national ,defense ,authorization  
,act for ,fiscal ,year #bjag 7,public   
,law #aad-cbh2 #aj ,u4,s4,c4 #aaa note7 
or any other provision of law4  #ajd4   
,military department grants on research 
on sexual assault prevention and        
reduction efforts at institutions of    
higher education  7a7 ,in general ,each 
,secretary of a military department     
shall1 using amounts described in       

subsection 7f71 make one or more grants 
to appropriate non-,federal public or   
private entities for research on sexual 
assault prevention and reduction efforts
 at institutions of higher education for
 purposes of identifying best practices 
among such efforts for dissemination to1
 and use at1 the military service       
academies and other institutions of     
higher education in order to enhance    
prevention or reduction of incidents of 
sexual assault among students of such   
institutions4  7b7 ,requirements and    
limitations  7#a7 ,competitive award    
,any grant awarded pursuant to          
subsection 7a7 shall be awarded on a    
competitive basis4  7#b7 ,amount of     
grants ,the aggregate amounts of grants 
awarded by a ,secretary pursuant to     
subsection 7a7 in any fiscal year may   
not exceed 4  7c7 ,use of grant amounts 
,an entity awarded a grant pursuant to  
subsection 7a7 shall use the grant      
amount for research for purposes        
specified in that subsection4  7d7      

,report ,each grant awarded pursuant to 
subsection 7a7 shall require the        
recipient to submit to the ,secretary of
 the military department concerned a    
report on the results of the research   
undertaken by the recipient using such  
grant4  7e7 ,use of results  7#a7       
,sharing of results ,each ,secretary of 
a military department shall share the   
results of research undertaken through  
grants awarded by such ,secretary       
pursuant to subsection 7a7 with the     
other ,secretaries of the military      
departments4 ,the purpose of such       
sharing shall be for the ,secretaries of
 the military department to jointly     
determine best practices among sexual   
assault prevention and reduction efforts
 at institutions of higher education4   
7#b7 ,use at military service academies 
,each ,secretary of a military          
department shall use best practices     
identified pursuant to paragraph 7#a7 at
 the military service academy under the 
jurisdiction of such ,secretary1        

modified as such ,secretary considers   
appropriate for the unique circumstances
 of such military service academy4  7#c7
 ,further dissemination ,the            
,secretaries of the military department 
shall jointly disseminate to            
institutions of higher education the    
following3  7,a7 ,the best practices    
identified pursuant to paragraph 7#a74  
7,b7 ,such other information on sexual  
assault prevention and reduction efforts
 at institutions of higher education as 
the ,secretaries jointly consider       
appropriate in light of the research    
undertaken through grants awarded       
pursuant to subsection 7a74  7f7        
,funding ,amounts for grants under this 
section in a fiscal year shall be       
derived from amounts authorized to be   
appropriated for that fiscal year for   
military personnel4  #aje4 ,report on   
expansion of the ,close ,airman ,support
 team approach of the ,air ,force to the
 other ,armed ,forces  7a7 ,report      
required ,not later than #ahj days after

 the date of the enactment of this ,act1
 the ,secretaries of the military       
departments shall jointly submit to the 
,committees on ,armed ,services of the  
,senate and the ,house of               
,representatives a report setting forth 
an assessment of the ,secretaries of the
 feasibility and advisability of        
expanding the ,close ,airman ,support   
7,,cas7 team approach of the ,air ,force
 to the other ,armed ,forces under the  
jurisdiction of such ,secretaries4  7b7 
,close ,airman ,support team approach   
,the ,close ,airman ,support team       
approach of the ,air ,force referred to 
in subsection 7a7 is an approach by     
which personnel associated with an ,air 
,force squadron1 and led by a senior    
enlisted member of the squadron1 take   
actions to improve relationships and    
communication among members of the      
squadron in order to promote positive   
social behaviors among such members as a
 squadron1 including an embrace of      
proactive pursuit of needed assistance4 

7c7 ,scope of report ,if the            
,secretaries determine that expansion of
 the ,close ,airman ,support team       
approach to the other ,armed ,forces is 
feasible and advisable1 the report under
 subsection 7a7 shall include a         
description of the manner in which the  
approach will be carried out in the     
other ,armed ,forces1 including the     
manner1 if any1 in which the approach   
will be modified in the other ,armed    
,forces to take into account the unique 
circumstances of such ,armed ,forces4   
,,ii ,support of ,victims of ,sexual    
,assault in the ,armed ,forces  #bja4   
,expansion of responsibilities of       
commanders for victims of sexual assault
 committed by another member of the     
,armed ,forces  7a7 ,notification of    
victims of events in military justice   
process  7#a7 ,notification required    
,the commander of a member of the ,armed
 ,forces who is the alleged victim of   
sexual assault committed by another     
member of the ,armed ,forces shall      

provide notification to such alleged    
victim of every key or other significant
 event in the military justice process  
in connection with the investigation1   
prosecution1 and confinement of such    
other member for sexual assault4  7#b7  
,documentation ,each commander described
 in paragraph 7#a7 shall create and     
maintain appropriate documentation on   
any notification provided as described  
in that paragraph4  7b7 ,documentation  
of victim's preference on jurisdiction  
in prosecution ,in the case of a member 
of the ,armed ,forces who is the alleged
 victim of sexual assault committed by  
another member of the ,armed ,forces who
 is subject to prosecution for such     
offense both by court-martial under     
chapter #dg of title #aj1 ,united       
,states ,code 7the ,uniform ,code of    
,military ,justice71 and by a civilian  
court under ,state law1 the commander of
 such alleged victim shall create and   
maintain appropriate documentation of   
the expressed preference1 if any1 of    

such alleged victim for prosecution of  
such offense by court-martial or by a   
civilian court as provided for by ,rule 
#cjf7;e7 of the ,rules for              
,court-,martial4  7c7 ,regulations ,the 
,secretary of ,defense shall prescribe  
in regulations the requirements         
applicable to each of the following3    
7#a7 ,notifications under subsection    
7a77#a74  7#b7 ,documentation under     
subsection 7a77#b74  7#c7 ,documentation
 under subsection 7b74  #bjb4           
,availability of ,special ,victims'     
,counsel and ,special ,victim           
,prosecutors at military installations  
7a7 ,deadline for availability  7#a7 ,in
 general ,if an individual specified in 
paragraph 7#b7 is not available at a    
military installation for access by a   
member of the ,armed ,forces who        
requests access to such an individual1  
such an individual shall be made        
available at such installation for      
access by such member by not later than 
#dh hours after such request4  7#b7     

,individuals ,the individuals specified 
in this paragraph are the following3    
7,a7 ,special ,victims' ,counsel        
7,,svc74  7,b7 ,special ,victim         
,prosecutor 7,,svp74  7b7 ,report on    
civilian support of ,s,v,cs ,not later  
than #ahj days after the date of the    
enactment of this ,act1 each ,secretary 
of a military department shall submit to
 the ,committees on ,armed ,services of 
the ,senate and the ,house of           
,representatives a report setting forth 
the assessment of such ,secretary of the
 feasibility and advisability of        
establishing and maintaining at each    
installation under the jurisdiction of  
such ,secretary with a ,special         
,victims' ,counsel one or more civilian 
positions for the purpose of--  7#a7    
providing support to such ,special      
,victims' ,counsel2 and  7#b7 ensuring  
continuity and the preservation of      
institutional knowledge in transitions  
between the service of individuals as   
,special ,victims' ,counsel at such     

installation4  #bjc4 ,preservation of   
recourse to ,restricted ,report on      
sexual assault for victims of sexual    
assault being investigated following    
certain victim or third-party           
communications  7a7 ,in general ,a      
member of the ,armed ,forces who is the 
victim of a sexual assault that is or   
may be investigated as a result of a    
communication described in subsection   
7b7 may elect to have the member's      
reporting on such sexual assault be     
treated as a ,restricted ,report without
 regard to the party initiating or      
receiving such communication4  7b7      
,communication ,a communication         
described in this subsection is a       
communication on a sexual assault as    
follows3 7#a7 ,by the member concerned  
to a member of the ,armed ,forces in the
 chain of command of such member1       
whether a commissioned officer or a     
noncommissioned officer4  7#b7 ,by the  
member concerned to military law        
enforcement personnel or personnel of a 

military criminal investigation         
organization 7,,mcio74  7#c7 ,by any    
individual other than the member        
concerned4  #bjd4 ,treatment of         
information in ,catch a ,serial         
,offender ,program for certain purposes 
7a7 ,exclusion from ,,foia ,section #eeb
 of title #e1 ,united ,states ,code     
7commonly referred to as the ,freedom of
 ,information ,act71 shall not apply to 
any report for purposes of the ,catch a 
,serial ,offender 7,,catch7 ,program4   
7b7 ,preservation of ,restricted ,report
 ,the transmittal or receipt in         
connection with the ,catch a ,serial    
,offender ,program of a report on a     
sexual assault that is treated as a     
,restricted ,report shall not operate to
 terminate its treatment or status as a 
,restricted ,report4  #bje4 ,report on  
expansion of ,air ,force safe to report 
policy across the ,armed ,forces  7a7   
,report ,not later than #ahj days after 
the date of the enactment of this ,act1 
the ,secretary of ,defense shall1 in    

consultation with the ,secretaries of   
the military departments and the        
,secretary of ,homeland ,security1      
submit to the ,committees on ,armed     
,services of the ,senate and the ,house 
of ,representatives a report setting    
forth an assessment of the feasibility  
and advisability of expanding the       
applicability of the safe to report     
policy described in subsection 7b7 so   
that the policy applies across the      
,armed ,forces4  7b7 ,safe ,to report   
policy ,the safe to report policy       
described in this subsection is the     
policy1 currently applicable in the ,air
 ,force alone1 under which a member of  
the ,armed ,forces who is the alleged   
victim of sexual assault committed by   
another member of the ,armed ,forces1   
but who may have committed minor        
collateral misconduct at or about the   
time of such sexual assault1 or whose   
minor collateral misconduct at or about 
such time is discovered only as a result
 of the investigation into such sexual  

assault1 may report such sexual assault 
to proper authorities without fear or   
receipt of discipline in connection with
 such minor collateral misconduct4      
,,iii ,investigation of ,sexual ,assault
 in the ,armed ,forces and ,related     
,matters  #cja4 ,expansion of           
pre-referral matters reviewable by      
military judges and military magistrates
 in the interest of efficiency in       
military justice  7a7 ,in general       
,subsection 7a7 of section #hcj;a of    
title #aj1 ,united ,states ,code        
7article #cj;a of the ,uniform ,code of 
,military ,justice71 is amended by      
striking paragraphs 7#a7 and 7#b7 and   
inserting the following new paragraphs3 
7#a7 ,the ,president shall prescribe    
regulations for matters relating to     
proceedings conducted before referral of
 charges and specifications to          
court-martial for trial1 including the  
following3  7,a7 ,pre-referral          
investigative subpoenas4  7,b7          
,pre-referral warrants or orders for    

electronic communications4  7,c7        
,pre-referral matters referred by an    
appellate court4  7,d7 ,pre-referral    
matters under subsection 7c7 or 7e7 of  
section #hjf;b of this title 7article   
#f;b74  7,e7 ,pre-referral matters      
relating to the following3 7i7          
,pre-trial confinement of an accused4   
7ii7 ,the mental capacity or            
responsibility of an accused4  7iii7 ,a 
request for an individual military      
counsel4  7#b7 ,in addition to the      
matters specified in paragraph 7#a71 the
 regulations prescribed under that      
paragraph shall--  7,a7 set forth the   
matters that a military judge may rule  
upon in such proceedings2  7,b7 include 
procedures for the review of such       
rulings2  7,c7 include appropriate      
limitations to ensure that proceedings  
under this section extend only to       
matters that would be subject to        
consideration by a military judge in a  
general or special court-martial2  7,d7 
provide such limitations on the relief  

that may be ordered under this section  
as the ,president considers appropriate2
 and  7,e7 provide for treatment of such
 other pre-referral matters as the      
,president may prescribe4  4  7b7       
,conforming and clerical amendments     
7#a7 ,heading amendment ,the heading of 
such section is amended to read as      
follows3  #hcj;a4 ,art4 #cj;a4          
,proceedings conducted before referral  
4  7#b7 ,clerical amendment ,the table  
of sections at the beginning of         
subchapter ,,vi of chapter #dg of title 
#aj1 ,united ,states ,code 7the ,uniform
 ,code of ,military ,justice71 is       
amended by striking the item relating to
 section #hcj;a 7article #cj;a7 and     
inserting the following new item3       
#hcj;a4 #cj;a4 ,proceedings conducted   
before referral4  4  #cjb4 ,increase in 
number of digital forensic examiners for
 the military criminal investigation    
organizations  7a7 ,in general ,each    
,secretary of a military department     
shall take appropriate actions to       

increase the number of digital forensic 
examiners in each military criminal     
investigation organization 7,,mcio7     
under the jurisdiction of such          
,secretary by not fewer than #aj from   
the authorized number of such examiners 
for such organization as of ,september  
#cj1 #bjai4  7b7 ,military criminal     
investigation organizations ,for        
purposes of this section1 the military  
criminal investigation organizations are
 the following3 7#a7 ,the ,army         
,criminal ,investigation ,command4  7#b7
 ,the ,naval ,criminal ,investigative   
,service4  7#c7 ,the ,air ,force ,office
 of ,special ,investigations4  7#d7 ,the
 ,marine ,corps ,criminal ,investigation
 ,division4  7c7 ,funding ,funds for    
additional digital forensic examiners as
 required by subsection 7a7 for fiscal  
year #bjbj1 including for compensation1 
initial training1 and equipment1 shall  
be derived from amounts authorized to be
 appropriated for that fiscal year for  
the ,armed ,force concerned for         

operation and maintenance4  #cjc4 ,pilot
 programs on defense investigators in   
the military justice system  7a7 ,in    
general ,each ,secretary of a military  
department shall carry out a pilot      
program on defense investigators within 
the military justice system under the   
jurisdiction of such ,secretary in order
 to do the following3  7#a7 ,determine  
whether the presence of defense         
investigators within such military      
justice system will-- 7,a7 make such    
military justice system more effective  
in determining the truth2 and  7,b7 make
 such military justice system more fair 
and efficient4  7#b7 ,otherwise assess  
the feasibility and advisability of     
defense investigators as an element of  
such military justice system4  7b7      
,elements  7#a7 ,model of similar       
civilian criminal justice systems       
,defense investigators under each pilot 
program under subsection 7a7 shall      
consist of personnel1 and participate in
 the military justice system concerned1 

in a manner similar to that of defense  
investigators in civilian criminal      
justice systems that are similar to the 
military justice systems of the military
 departments4  7#b7 ,interview of victim
 ,a defense investigator may question a 
victim under a pilot program only upon a
 request made through the ,special      
,victims' ,counsel or other counsel of  
the victim1 or trial counsel if the     
victim does not have such counsel4  7#c7
 ,uniformity across military justice    
systems ,the ,secretary of ,defense     
shall ensure that the personnel and     
activities of defense investigators     
under the pilot programs are1 to the    
extent practicable1 uniform across the  
military justice systems of the military
 departments4  7c7 ,report  7#a7 ,in    
general ,not later than three years     
after the date of the enactment of this 
,act1 the ,secretary of ,defense shall1 
in consultation with the ,secretaries of
 the military departments1 submit to the
 ,committees on ,armed ,services of the 

,senate and the ,house of               
,representatives a report on the pilot  
programs under subsection 7a74  7#b7    
,elements ,the report required by       
paragraph 7#a7 shall include the        
following3 7,a7 ,a description of each  
pilot program1 including the personnel  
and activities of defense investigators 
under such pilot program4  7,b7 ,an     
assessment of the feasibility and       
advisability of establishing and        
maintaining defense investigators as an 
element of the military justice systems 
of the military departments4  7,c7 ,if  
the assessment under subparagraph 7,b7  
is that the establishment and           
maintenance of defense investigators as 
an element of the military justice      
systems of the military departments is  
feasible and advisable1 such            
recommendations for legislative and     
administrative action as the ,secretary 
of ,defense considers appropriate to    
establish and maintain defense          
investigators as an element of the      

military justice systems4  7,d7 ,any    
other matters the ,secretary of ,defense
 considers appropriate4  #cjd4 ,report  
on mechanisms to enhance the integration
 and synchronization of activities of   
,special ,victim ,investigation and     
,prosecution personnel with activities  
of military criminal investigation      
organizations ,not later than one year  
after the date of the enactment of this 
,act1 the ,secretary of ,defense shall1 
in consultation with the ,secretaries of
 the military departments1 submit to the
 ,committees on ,armed ,services of the 
,senate and the ,house of               
,representatives a report setting forth 
proposals for various mechanisms to     
enhance the integration and             
synchronization of activities of        
,special ,victim ,investigation and     
,prosecution 7,,svip7 personnel with    
activities of military criminal         
investigation organizations 7,m,c,i,os7 
in investigations in which both such    
personnel are or may be involved4 ,if   

the proposed mechanisms require         
legislative or administration action for
 implementation1 the report shall set   
forth such recommendations for such     
action as the ,secretary of ,defense    
considers appropriate4  ,,iv            
,prosecution ,matters  #dja4 ,punitive  
article in the ,uniform ,code of        
,military ,justice on sexual harassment 
affecting the duties1 work1 or career of
 a member of the ,armed ,forces  7a7 ,in
 general ,subchapter ,x of chapter #dg  
of title #aj1 ,united ,states ,code 7the
 ,uniform ,code of ,military ,justice71 
is amended by inserting after section   
#ibj;c 7article #abj;c7 the following   
new section 7article73  #ibj;d4 ,art4   
#abj;d4 ,sexual harassment affecting the
 duties1 work1 or career of a member of 
the armed forces  7a7 ,in general ,any  
person subject to this chapter who1     
under any condition specified in        
subsection 7b71 commits sexual          
harassment of a member of an armed force
 shall be punished as a court-martial   

may direct4  7b7 ,conditions specified  
,the conditions referred to in          
subsection 7a7 are any of the following3
 7#a7 ,the accused1 implicitly or       
explicitly1 communicates to the member  
that submission by the member to the    
harassment is necessary--  7,a7 to      
prevent adverse effects on the          
assignment1 advancement1 duties1 or     
working conditions of the member2 or    
7,b7 to assure positive effects on the  
assignment1 advancement1 duties1 or     
working conditions of the member4  7#b7 
,the accused1 because of any response   
7by submission1 rejection1 or otherwise7
 of the member to the harassment1 takes 
any action to affect1 positively or     
negatively1 the assignment1 advancement1
 duties1 or working conditions of the   
member4  7#c7 ,the purpose of the       
harassment is to create an intimidating1
 hostile1 or offensive work environment 
for the member or the harassment is     
carried out in a manner that would cause
 a reasonable person to perceive that   

the work environment is intimidating1   
hostile1 or offensive4  7#d7 ,the       
purpose of the harassment is to         
interfere with the duties or work       
performance of the member or the        
harassment is carried out in a manner   
that would interfere with the duties or 
work performance of a reasonable person4
  7c7 ,condonation by superior ,any     
person subject to this chapter who--    
7#a7 has a command or supervisory       
responsibility for a member of an armed 
force2 and  7#b7 condones or permits to 
occur any violation of subsection 7a7   
with respect to the member1  shall be   
punished as a court-martial may direct4 
7d7 ,military connection ,sexual        
harassment under subsection 7a7 and     
condonation under subsection 7c7 are    
offenses--  7#a7 if committed in any    
circumstance with a connection to the   
military status of the member involved2 
and  7#b7 whether or not the conduct    
takes place during official duty hours  
or at an official duty station or place 

of work4  7e7 ,sexual harassment defined
 ,in this section 7article71 the term   
sexual harassment means1 with respect to
 a member of an armed force1 any        
unwelcome-- 7#a7 sexual advance2  7#b7  
request for sexual favors2  7#c7 comment
 of a sexual nature2 or  7#d7 gesture of
 a sexual nature4  4  7b7 ,clerical     
amendment ,the table of sections at the 
beginning of subchapter ,x of chapter   
#dg of title #aj1 ,united ,states ,code 
7the ,uniform ,code of ,military        
,justice71 is amended by inserting after
 the item relating to section #ibj;c    
7article #abj;c7 the following new item3
  #ibj;d4 #abj;d4 ,sexual harassment    
affecting the duties1 work1 or career of
 a member of the armed forces4  4  #djb4
 ,non-binding guidelines on sentences of
 confinement for convictions of offenses
 under the ,uniform ,code of ,military  
,justice  7a7 ,in general ,the ,military
 ,justice ,review ,panel shall establish
 and from time to time revise guidelines
 on the following3  7#a7 ,the range of  

sentences of confinement appropriate for
 imposition upon conviction for each    
offense specified in subchapter ,x of   
chapter #dg of title #aj1 ,united       
,states ,code 7the ,uniform ,code of    
,military ,justice71 for which          
confinement is an authorized sentence4  
7#b7 ,the parameters and criteria to be 
taken into account in imposing a        
sentence of confinement upon conviction 
for each such offense4  7b7             
,considerations ,in establishing and    
revising guidelines pursuant to this    
section1 the ,military ,justice ,review 
,panel shall take into consideration    
data on the administration of justice   
under the military justice system1      
including sentencing data collected as  
described in section #idf7;f77#b7 of    
title #aj1 ,united ,states ,code        
7article #adf7;f77#b7 of the ,uniform   
,code of ,military ,justice71 as amended
 by subsection 7d74  7c7 ,non-,binding  
nature of guidelines ,the guidelines    
established pursuant to this section    

shall not be binding4  7d7 ,conforming  
amendment ,section #idf7;f77#b7 of title
 #aj1 ,united ,states ,code 7article    
#adf7;f77#b7 of the ,uniform ,code of   
,military ,justice71 is amended by      
inserting and periodically thereafter1  
after ,during fiscal year #bjbj14  7e7  
,military ,justice ,review ,panel       
defined ,in this section1 the term      
,military ,justice ,review ,panel means 
the panel established pursuant to       
section #idf of title #aj1 ,united      
,states ,code 7article #adf of the      
,uniform ,code of ,military ,justice74  
,v ,other ,matters  #eja4 ,survey of    
members of the ,armed ,forces on their  
experiences with military investigations
 and military justice  7a7 ,in general  
,chapter #bc of title #aj1 ,united      
,states ,code1 is amended by inserting  
after section #dha;a the following new  
section3  #dha;b4 ,military             
investigation and justice experiences3  
survey of members of the armed forces   
7a7 ,surveys required  7#a7 ,the        

,secretary of ,defense shall conduct    
from time to time a survey on the       
experiences of members of the armed     
forces with military investigations and 
military justice in accordance with this
 section and guidance issued by the     
,secretary for purposes of this section4
  7#b7 ,the survey under this section   
shall be known as the ,military         
,investigation and ,justice ,experience 
,survey4  7b7 ,matters covered by survey
 ,the guidance issued by the ,secretary 
under this section on the survey shall  
include specification of the following3 
7#a7 ,the individuals to be surveyed1   
including any member of the armed forces
 serving on active duty who is a victim 
of an alleged sex-related offense and   
who made an unrestricted report of that 
offense4  7#b7 ,the matters to be       
covered in the survey1 including-- 7,a7 
the experience of the individuals       
surveyed with the military criminal     
investigative organization that         
investigated the alleged offense1 and   

with the ,special ,victims' ,counsel in 
the case of a member who was the victim 
of an alleged sex-related offense2 and  
7,b7 if the individual's report resulted
 in a charge or charges that were       
referred to a court-martial1 the        
experience of the individual with the   
prosecutor and the court-martial in     
general4  7#c7 ,the timing of the       
administration of the survey1 including 
when the investigation or case is closed
 or otherwise complete4  7c7 ,frequency 
of survey ,the survey required by this  
section shall be conducted at least once
 every four years1 but not more         
frequently than once every two years4   
7d7 ,definitions ,in this section3 7#a7 
,alleged sex-related offense ,the term  
alleged sex-related offense has the     
meaning provided in section #ajdd;e7g7  
of this title4  7#b7 ,unrestricted      
report ,the term unrestricted report    
means a report that is not a restricted 
report4  7#c7 ,restricted report ,the   
term restricted report means a report   

concerning a sexual assault that is     
treated as a restricted report under    
section #aefe;b7b7 of this title4  4    
7b7 ,clerical amendment ,the table of   
sections at the beginning of chapter #bc
 of such title is amended by inserting  
after the item relating to section      
#dha;a the following new item3  #dha;b4 
,military investigation and justice     
experiences3 survey of members of the   
armed forces4  4  #ejb4 ,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 specifies each of the       
following3  7#a7 ,the number of military
 protective orders issued in the        
calendar year preceding the year in     

which the report is submitted4  7#b7    
,the number of such orders that were    
reported to appropriate civilian        
authorities in accordance with section  
#aefg;a7a7 of this title in such year4  
4  7b7 ,clerical amendment ,the table of
 sections at the beginning of chapter   
#hj of such title 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  #ejc4 ,privacy   
,act exclusion for courts-martial to    
allow for public access to dockets1     
filings1 and court records  7a7 ,in     
general ,section #idj;a of title #aj1   
,united ,states ,code 7article #adj;a of
 the ,uniform ,code of ,military        
,justice71 is amended--  7#a7 by        
striking ,the ,secretary of ,defense and
 inserting 7a7 ,in general4--,the       
,secretary of ,defense1 in consultation 
with the ,secretary of ,homeland        
,security2  7#b7 in subsection 7a71 as  
designated by paragraph 7#a7--  7,a7 in 

the matter preceding paragraph 7#a71 by 
inserting 7including with respect to the
 ,coast ,guard7 after military justice  
system2 and  7,b7 in paragraph 7#d71 by 
inserting public before access to docket
 information2 and  7#c7 by adding at the
 end the following new subsections3  7b7
 ,inapplicability of ,privacy ,act      
,section #eeb;a of title #e shall not   
apply to records of trial produced or   
distributed within the military justice 
system or docket information1 filings1  
and records made publicly accessible in 
accordance with the uniform standards   
and criteria for conduct established by 
the ,secretary under subsection 7a74    
7c7 ,inapplicability to certain dockets 
and records ,nothing in this section    
shall be construed to provide public    
access to docket information1 filings1  
or records that are classified1 subject 
to a judicial protective order1 or      
ordered sealed4  4  7b7 ,existing       
standards and criteria ,the ,secretary  
of ,homeland ,security shall apply to   

the ,coast ,guard the standards and     
criteria for conduct established by the 
,secretary of ,defense under section    
#idj;a of title #aj1 ,united ,states    
,code 7article #adj;a of the ,uniform   
,code of ,military ,justice71 as in     
effect on the day before the date of the
 enactment of this ,act until such time 
as the ,secretary of ,defense1 in       
consultation with the ,secretary of     
,homeland ,security1 prescribes revised 
standards and criteria for conduct under
 such section that implement the        
amendments made by subsection 7a7 of    
this section4  #ejd4 ,report on         
standardization among the military      
departments in collection and           
presentation of information on matters  
within the military justice system ,not 
later than #ahj days after the date of  
the enactment of this ,act1 the         
,secretary of ,defense shall1 in        
consultation with the ,secretaries of   
the military departments1 submit to the 
,committees on ,armed ,services of the  

,senate and the ,house of               
,representatives a report setting forth 
the following3  7#a7 ,a plan for actions
 to provide for standardization1 to the 
extent practicable1 among the military  
departments in the collection and       
presentation of information on matters  
within their military justice systems1  
including information collected and     
maintained for purposes of section      
#idj;a of title #aj1 ,united ,states    
,code 7article #adj;a of the ,uniform   
,code of ,military ,justice71 and such  
other information as the ,secretary     
considers appropriate4  7#b7 ,an        
assessment of the feasibility and       
advisability of establishing and        
maintaining a single1 ,department of    
,defense-wide data management system for
 the standardized collection and        
presentation of information described in
 paragraph 7#a74