,,ii #aafth ,,congress #ast ,session ,s4 #aejj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai ,ms4 ,ernst 7for herself and ,ms4 ,sinema7 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 protections for members of the ,armed ,forces who are victims of a sex-related or domestic violence offense1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,special ,victims ,protection ,act of #bjai4 #b4 ,enactment and expansion of policy on withholding of initial disposition authority for certain offenses under the ,uniform ,code of ,military ,justice 7a7 ,initial disposition authority 7#a7 ,in general ,except as provided in paragraph 7#b71 the proper authority for a determination of disposition of reported offenses with respect to any offense specified in subsection 7b7 shall be an officer in a grade not below the grade of ,o-#f in the chain of command of the subject who is authorized by chapter #dg of such title 7the ,uniform ,code of ,military ,justice7 to convene special courts-martial4 7#b7 ,authority when subject and victim are in different chains of command ,if the victim of an offense specified in subsection 7b7 is in a different chain of command than the subject1 the proper authority under paragraph 7#a7 shall be an officer described in that paragraph in the chain of command of the victim4 7#c7 ,construction ,nothing in this subsection shall be construed-- 7,a7 to prohibit the preferral of charges by an authorized person under section #hcj7;a77#a7 of title #aj1 ,united ,states ,code 7article #cj7;a77#a7 of the ,uniform code of ,military ,justice71 with respect to the offenses specified in subsection 7b71 and the forwarding of such charges as so preferred to the proper authority under paragraph 7#a7 with a recommendation as disposition2 or 7,b7 to prohibit an officer in a grade below the grade of ,o-#f from advising an officer described in paragraph 7#a7 who is making a determination described in that paragraph with respect to the disposition of the offenses involved4 7b7 ,covered offenses ,an offense specified in this subsection is any offense as follows3 7#a7 ,an offense under section #hic of title #aj1 ,united ,states ,code 7article #ic of the ,uniform ,code of ,military ,justice71 relating to cruelty and maltreatment1 if the offense constitutes sexual harassment4 7#b7 ,an offense under section #hic;a of title #aj1 ,united ,states ,code 7article #ic;a of the ,uniform ,code of ,military ,justice71 relating to prohibited activity with a military recruit or trainee by a person in a position of special trust4 7#c7 ,an offense under section #iah of title #aj1 ,united ,states ,code 7article #aah of the ,uniform ,code of ,military ,justice71 relating to murder1 if the offense is committed in connection with family abuse or other domestic violence4 7#d7 ,an offense under section #iai of title #aj1 ,united ,states ,code 7article #aai of the ,uniform ,code of ,military ,justice71 relating to manslaughter1 if the offense is committed in connection with family abuse or other domestic violence4 7#e7 ,an offense under section #iai;a of title #aj1 ,united ,states ,code 7article #aai;a of the ,uniform ,code of ,military ,justice71 relating to death or injury of an unborn child1 if the offense is committed in connection with family abuse or other domestic violence4 7#f7 ,an offense under section #iai;b of title #aj1 ,united ,states ,code 7article #aai;b of the ,uniform ,code of ,military ,justice71 relating to child endangerment1 if the offense is committed in connection with family abuse or other domestic violence4 7#g7 ,an offense under section #ibj of title #aj1 ,united ,states ,code 7article #abj of the ,uniform ,code of ,military ,justice71 relating to rape and sexual assault generally4 7#h7 ,an offense under section #ibj;b of title #aj1 ,united ,states ,code 7article #abj;b of the ,uniform ,code of ,military ,justice71 relating to rape and sexual assault of a child4 7#i7 ,an offense under section #ibj;c of title #aj1 ,united ,states ,code 7article #abj;c of the ,uniform ,code of ,military ,justice71 relating to other sexual misconduct4 7#aj7 ,an offense under section #ibe of title #aj1 ,united ,states ,code 7article #abe of the ,uniform ,code of ,military ,justice71 relating to kidnapping1 if the offense is committed in connection with family abuse or other domestic violence4 7#aa7 ,an offense under section #ibh of title #aj1 ,united ,states ,code 7article #abh of the ,uniform ,code of ,military ,justice71 relating to aggravated assault1 if the offense is committed in connection with family abuse or other domestic violence4 7#ab7 ,an offense under section #ibh;a of title #aj1 ,united ,states ,code 7article #abh;a of the ,uniform ,code of ,military ,justice71 relating to maiming1 if the offense is committed in connection with family abuse or other domestic violence4 7#ac7 ,an offense under section #ibh;b of title #aj1 ,united ,states ,code 7article #abh;b of the ,uniform ,code of ,military ,justice71 relating to domestic violence4 7#ad7 ,an offense under section #icj of title #aj1 ,united ,states ,code 7article #acj of the ,uniform ,code of ,military ,justice71 relating to stalking1 if the offense is committed in connection with family abuse or other domestic violence4 7#ae7 ,an offense under section #icb of title #aj1 ,united ,states ,code 7article #acb of the ,uniform ,code of ,military ,justice71 relating to retaliation4 7#af7 ,an offense under section #icd of title #aj1 ,united ,states ,code 7article #acd of the ,uniform ,code of ,military ,justice71 if the offense relates to child pornography4 7#ag7 ,an offense under section #icd of title #aj1 ,united ,states ,code 7article #acd of the ,uniform ,code of ,military ,justice71 if the offense-- 7,a7 relates to animal abuse2 and 7,b7 is committed in connection with family abuse or other domestic violence4 7#ah7 ,an offense under section #icd of title #aj1 ,united ,states ,code 7article #acd of the ,uniform ,code of ,military ,justice71 if the offense-- 7,a7 relates to negligent homicide2 and 7,b7 is committed in connection with family abuse or other domestic violence4 7#ai7 ,an attempt to commit an offense specified in a paragraph 7#a7 through 7#ah7 as punishable under section #hhj of title #aj1 ,united ,states ,code 7article #hj of the ,uniform ,code of ,military ,justice74 7c7 ,scope of disposition authority with respect to particular offenses ,the authority in subsection 7a7 of an officer to make a disposition determination described in that subsection with respect to any offense specified in subsection 7b7 extends to a determination of disposition with respect to any of the following3 7#a7 ,any other offenses against the subject arising out of the incident in which the offense is alleged to have occurred4 7#b7 ,any reported offenses in connection with misconduct of the victim1 arising out of such incident4 7d7 ,scope of disposition determinations ,except for an offense specified in section #hah7;c7 of title #aj1 ,united ,states ,code 7article #ah7;c7 of the ,uniform ,code of ,military ,justice71 of which only general courts-martial have jurisdiction1 the disposition determinations permissible in the exercise of the authority under this section with respect to charges and specifications are as follows3 7#a7 ,no action4 7#b7 ,administrative action4 7#c7 ,imposition of non-judicial punishment4 7#d7 ,preferral of charges4 7#e7 ,if such charges and specifications were preferred from a subordinate1 referral to court-martial for trial4 7#f7 ,forwarding to a superior or subordinate authority for further disposition4 7e7 ,review of certain disposition determinations 7#a7 ,initial review and recommendation ,if a disposition determination under this section with respect to an offense is for a disposition specified in paragraph 7#a71 7#b71 or 7#c7 of subsection 7d7 and the legal advisor to the officer making the disposition determination has recommended a disposition specified in paragraph 7#d71 7#e71 or 7#f7 of that subsection1 a ,special ,victim ,prosecutor 7,,svp71 ,senior ,trial ,counsel 7,,stc71 or ,regional ,trial ,counsel 7,,rtc7 not in the chain of command of the officer making the disposition determination shall-- 7,a7 review the disposition determination2 and 7,b7 recommend to the staff judge advocate in the chain of command whether to endorse or supersede the disposition determination4 7#b7 ,,sja review and advice ,upon completion of a review of a recommendation under paragraph 7#a77;,b71 the staff judge advocate concerned shall advise the next superior commander in the chain of command of the officer making the original disposition determination whether such disposition determination should be endorsed or superseded4 7#c7 ,final disposition determination ,after considering advice under paragraph 7#b7 with respect to an original disposition determination1 the superior commander concerned shall-- 7,a7 make a new disposition determination with respect to the offenses concerned2 or 7,b7 endorse the original disposition determination for appropriate further action4 7f7 ,training 7#a7 ,in general ,the training provided to commissioned officers of the ,armed ,forces in grades ,o-#f and above on the exercise of authority pursuant to this section for determinations of the disposition of an offense specified in subsection 7b7 shall include specific training on such matters in connection with sexual harassment1 sexual assault1 and family abuse and domestic violence as the ,secretary of ,defense considers appropriate to make informed disposition determinations under such authority4 7#b7 ,construction ,nothing in this subsection shall be construed to deprive a court-martial of jurisdiction based on the level or amount of training received by the disposition authority pursuant to this section4 7g7 ,manual for ,courts-,martial ,the ,president shall implement the requirement of this section into the ,manual for ,courts-,martial in accordance with section #hcf of title #aj1 ,united ,states ,code 7article #cf of the ,uniform ,code of ,military ,justice74 #c4 ,special ,victims' ,counsel matters 7a7 ,expansion of covered offenses ,to include alleged domestic violence offenses 7#a7 ,in general ,section #ajdd;e of title #aj1 ,united ,states ,code1 is amended-- 7,a7 by striking alleged sex-related offense each place it appears and inserting alleged covered offense2 and 7,b7 by striking subsection 7g7 and inserting the following new subsection 7g73 7g7 ,definitions ,in this section3 7#a7 ,the term alleged covered offense means any of the following3 7,a7 ,an alleged sex-related offense4 7,b7 ,an alleged domestic violence offense4 7#b7 ,the term alleged sex-related offense means any allegation of-- 7,a7 a violation of section #ibj1 #ibj;b1 #ibj;c1 or #icj of this title 7article #abj1 #abj;b1 #abj;c1 or #acj of the ,uniform ,code of ,military ,justice72 or 7,b7 an attempt to commit an offense specified in a subparagraph 7,a7 as punishable under section #hhj of this title 7article #hj of the ,uniform ,code of ,military ,justice74 7#c7 ,the term alleged domestic violence offense means any allegation of-- 7,a7 a violation of section #ibh7;b71 #ibh;b7#a71 #ibh;b7#e71 or #icj of this title 7article #abh7;b71 #abh;b7#a71 #abh;b7#e71 or #acj of the ,uniform ,code of ,military ,justice71 when committed against a spouse1 intimate partner1 or immediate family member2 7,b7 a violation of any other provision of subchapter ,x of chapter #dg of this title 7the ,uniform ,code of ,military ,justice71 when committed against a spouse1 intimate partner1 or immediate family member1 as specified by the ,secretary concerned for purposes of eligibility for legal consultation and assistance by ,special ,victims' ,counsel under the jurisdiction of such ,secretary under this section2 or 7,c7 an attempt to commit an offense specified in a subparagraph 7,a7 or 7,b7 as punishable under section #hhj of this title 7article #hj of the ,uniform ,code of ,military ,justice74 4 7#b7 ,conforming and clerical amendments 7,a7 ,heading amendment ,the heading of such section is amended to read as follows3 #ajdd;e4 ,special ,victims' ,counsel3 victims of sex-related offenses2 victims of domestic violence offenses 4 7,b7 ,table of sections the table of sections at the beginning of chapter #ec of such title is amended by striking the item relating to section #ajdd;e and inserting the following new item3 #ajdd;e4 ,special ,victims' ,counsel3 victims of sex-related offenses2 victims of domestic violence offenses4 4 7b7 ,expansion of eligibility to all civilian victims of alleged covered offenses ,subsection 7a77#b7 of section #ajdd;e of such title1 as amended by subsection 7a77#a7 of this section1 is further amended by striking subparagraph 7,c7 and inserting the following new subparagraph 7,c73 7,c7 ,any civilian individual not covered by subparagraph 7,a7 or 7,b7 who is the victim of an alleged covered offense if the ,secretary of ,defense or the ,secretary of the military department concerned waives any condition in such section for the purposes of offering ,special ,victims' ,counsel services to such individual4 4 7c7 ,enhancement of legal consultation and assistance in connection with potential victim benefits ,paragraph 7#h77;,d7 of subsection 7b7 of such section is amended by striking and other and inserting 1 section #adjh7;h7 of this title1 and other4 7d7 ,expansion of legal assistance authorized ,to include consultation and assistance for retaliation ,subsection 7b7 of such section is amended further-- 7#a7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#b7 by inserting after paragraph 7#i7 the following new paragraph 7#aj73 7#aj7 ,legal consultation and assistance in connection with an incident of retaliation1 whether such incident occurs before1 during1 or after the conclusion of any criminal proceedings1 including-- 7,a7 in understanding the rights and protections afforded to victims of retaliation2 7,b7 in the filing of complaints2 and 7,c7 in any resulting military justice proceedings4 4 7e7 ,codification of duty ,to determine victim's preference for prosecution of alleged offense by court-,martial or civilian court 7#a7 ,in general ,such section is further amended-- 7,a7 by redesignating subsections 7d7 through 7h7 as subsections 7e7 through 7i71 respectively2 and 7,b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,duty ,to determine victim's preference for prosecution of an alleged covered offense by court-,martial or civilian court 7#a7 ,in providing legal consultation and representation to a victim under this section in connection with an alleged covered offense that occurs in the ,united ,states1 a ,special ,victims' ,counsel shall have the duty-- 7,a7 to solicit the victim's preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense2 and 7,b7 to make the victim's preference1 if offered1 known to appropriate military prosecutors4 7#b7 ,any consultation by a ,special ,victims' ,counsel pursuant to paragraph 7#a7 shall occur in accordance with the process for such consultation established pursuant to section #ecd7;b7 of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#aj ,u4,s4,c4 #ajdd;e note7 or such other process as the ,secretary of ,defense shall establish for that purpose4 4 7#b7 ,conforming amendment ,paragraph 7#aa7 of subsection 7b7 of such section1 as redesignated by subsection 7d77#a7 of this section1 is amended by striking subsection 7h7 and inserting subsection 7i74 7f7 ,personnel and training 7#a7 ,personnel ,commencing ,october #a1 #bjai1 each ,secretary concerned shall establish and maintain such additional military and civilian billets for legal counsel and paralegals as such ,secretary considers appropriate in order to ensure that each ,armed ,force under the jurisdiction of such ,secretary is appropriately staffed to provide legal counsel and assistance required under section #ajdd;e of title #aj1 ,united ,states ,code1 by reason of the amendments made by this section by not later than ,september #cj1 #bjbe4 7#b7 ,training ,each ,secretary concerned shall provide military and civilian legal personnel under the jurisdiction of such ,secretary such training as the ,secretary considers appropriate for the provision of legal counsel and assistance required under section #ajdd;e of title #aj1 ,united ,states ,code1 by reason of the amendments made by this section4 ,to the extent practicable1 the training provided pursuant to this paragraph shall be uniform across the ,armed ,forces4 7#c7 ,consultation ,each ,secretary concerned shall consult with the ,judge ,advocate ,general concerned regarding the additional number of billets required pursuant to paragraph 7#a7 and the training to be provided pursuant to paragraph 7#b74 7#d7 ,reports ,not later than #ahj days after the date of the enactment of this ,act1 each ,secretary concerned shall submit to the congressional defense committees a report setting forth the plan of such ,secretary to modify the ,special ,victims' ,counsel program under the jurisdiction of such ,secretary in order to meet the requirement in paragraph 7#a7 by the deadline specified in that paragraph4 ,each report shall set forth1 for the ,special ,victims' ,counsel program concerned1 the number of additional military billets and additional civilian billets the ,secretary concerned requires to establish and maintain under paragraph 7#a7 in order to meet the requirement in that paragraph by the deadline specified in that paragraph4 7#e7 ,definitions ,in this subsection3 7,a7 ,the term ,secretary concerned has the meaning given that term in section #aja7;a77#i7 of title #aj1 ,united ,states ,code4 7,b7 ,the term ,judge ,advocate ,general has the meaning given that term in section #hja7a7 of title #aj1 ,united ,states ,code 7article #a7a7 of the ,uniform ,code of ,military ,justice74 #d4 ,correction of military records and discharge review for certain former members whose narrative reason for discharge was wrongfully described as personality disorder 7a7 ,correction of military records ,section #aeeb of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7i7 and 7j7 as subsections 7j7 and 7k71 respectively2 and 7#b7 by inserting after subsection 7h7 the following new subsection 7i73 7i7 7#a7 ,this subsection applies to a former member of the ,armed ,forces who is a military sexual trauma survivor and suffers from post-traumatic stress disorder or traumatic brain injury and whose claim under this section is for review of the narrative reason for discharge of the former member as personality disorder1 borderline personal disorder1 or a related non-disability mental condition 7,,ndmc74 7#b7 ,a claimant under this subsection shall support the claim with documentation or other evidence from a psychiatrist1 psychologist1 or other competent health care professional that the claimant does not have the disorder providing the narrative reason for the claimant's discharge4 7#c7 ,in the case of a claimant described in paragraph 7#a71 a board established under subsection 7a7 shall-- 7,a7 review and give liberal consideration to the documentation or evidence of the claimant under paragraph 7#b72 and 7,b7 if the board determines that the claimant does not have the disorder1 correct the military records of the claimant to provide a narrative reason for the claimant's discharge as ,secretarial ,authority 7or similar authority available at the time of the claimant's discharge if before the recognition of ,secretarial ,authority7 or such other narrative reason 7other than the disorder7 as the board considers appropriate4 4 7b7 ,discharge review ,section #aeec of such title is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following new subsection 7f73 7f7 ,in the case of a former member of the ,armed ,forces who is a military sexual trauma survivor and suffers from post-traumatic stress disorder or traumatic brain injury and whose narrative reason for discharge or dismissal was personality disorder1 borderline personality disorder1 or a related non-disability mental condition 7,,ndmc7 and who submits to a board established under this section documentation or other evidence from a psychiatrist1 psychologist1 or other competent health care professional that the former member does not have the disorder providing the narrative reason for the former member's discharge or dismissal1 the board shall-- 7#a7 review and give liberal consideration to the documentation or evidence submitted by the former member2 and 7#b7 if the board determines that the former member does not have the disorder1 change the narrative reason for the former member's discharge or dismissal to ,secretarial ,authority or such other narrative reason 7other than the disorder7 as the board considers appropriate4 4 7c7 ,reports 7#a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter for the next four years1 each ,secretary concerned shall submit to ,congress a report on the activities of boards for the correction of military records under subsection 7i7 of section #aeeb of title #aj1 ,united ,states ,code 7as amended by subsection 7a7 of this section71 and of discharge review boards under subsection 7f7 of section #aeec of title #aj1 ,united ,states ,code 7as amended by subsection 7b7 of this section71 under the jurisdiction of such ,secretary during the one-year period ending on the date of such report4 ,each report shall include the following3 7,a7 ,for the period covered by such report3 7i7 ,the number of claims submitted under such subsection 7i7 to boards for the correction of military records under the jurisdiction of such ,secretary1 and the number of claims for which relief was granted4 7ii7 ,the number of claims submitted under such subsection 7f7 to discharge review boards under the jurisdiction of such ,secretary1 and the number of claims for which relief was granted4 7,b7 ,such recommendations for administrative action or legislative action in connection with the activities of such boards under such subsections 7i7 and 7f7 as such ,secretary considers appropriate4 7#b7 ,secretary concerned defined ,in this subsection1 the term ,secretary concerned has the meaning given that term in section #aja7;a77#i7 of title #aj1 ,united ,states ,code4 #e4 ,inclusion of intimate partner violence among supporting rationales for certain claims for corrections of military records and discharge review 7a7 ,correction of military records ,section #aeeb7;h77#a7 of title #aj1 ,united ,states ,code1 is amended by striking or military sexual trauma and inserting 1 military sexual trauma1 or intimate partner violence4 7b7 ,discharge review ,section #aeec7;d77#c77;,b7 of such title is amended by striking or military sexual trauma and inserting 1 military sexual trauma1 or intimate partner violence4 #f4 ,training of members of boards for correction of military records and discharge review boards on military sexual trauma1 intimate partner violence1 and related matters 7a7 ,boards for correction of military records ,the curriculum of training for members of boards for the correction of military records under section #ecd7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#aj ,u4,s4,c4 #aeeb note7 shall include training on each of the following3 7#a7 ,military sexual trauma4 7#b7 ,intimate partner violence4 7#c7 ,the various responses of individuals to trauma4 7b7 ,discharge review boards 7#a7 ,in general ,each ,secretary concerned shall develop and provide training for members of discharge review boards under section #aeec of title #aj1 ,united ,states ,code1 that are under the jurisdiction of such ,secretary on each of the following3 7,a7 ,military sexual trauma4 7,b7 ,intimate partner violence4 7,c7 ,the various responses of individuals to trauma4 7#b7 ,uniformity of training ,the ,secretary of ,defense and the ,secretary of ,homeland ,security shall jointly ensure that the training developed and provided pursuant to this subsection is1 to the extent practicable1 uniform4 7#c7 ,secretary concerned defined ,in this subsection1 the term ,secretary concerned has the meaning given that term in section #aja7;a77#i7 of title #aj1 ,united ,states ,code4 #g4 ,report on establishment of guardian ad litem program for certain military dependents who are victim or witness of offenses under the ,uniform ,code of ,military ,justice involving abuse or exploitation 7a7 ,report required 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,defense shall 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 establishing a guardian ad litem program for military dependents described in paragraph 7#b7 who are a victim or witness of an offense under chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice71 that involves an element of abuse or exploitation in order to protect the best interests of such dependents in a court-martial of such offense4 7#b7 ,covered dependents ,the military dependents described in this paragraph are as follows3 7,a7 ,military dependents under #ab years of age4 7,b7 ,military dependents who lack mental or other capacity4 7b7 ,elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the feasibility and advisability of establishing a guardian ad litem program as described in subsection 7a74 7#b7 ,if establishment of the guardian ad litem program is considered feasible and advisable1 the following3 7,a7 ,a description of administrative requirements in connection with the program1 including the following3 7i7 ,any memoranda of understanding between the ,department of ,defense and ,state and local authorities required for purposes of the program4 7ii7 ,the personnel1 funding1 and other resources required for purposes of the program4 7,b7 ,best practices for the program 7as determined in consultation with appropriate civilian experts on child advocacy74 7,c7 ,such recommendations for legislative and administration action to implement the program as the ,secretary considers appropriate4