PROTECT Act

1/11/2023, 1:31 PM

Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act

This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions require that any person subject to the code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense, wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct.

The Department of Defense (DOD) shall prescribe uniform standards for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes:

  • collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making and enhances the quality of periodic reviews;
  • case processing and management;
  • timely and accurate production and distribution of trial records; and
  • facilitation of access to docket information, filings, and records.

Each military department shall ensure that any individual investigating an allegation of retaliation against a person who has made a protected communication must have training in the definition and characteristics of retaliation. If the investigation involves alleged retaliation in response to a communication regarding rape, sexual assault, or other sexual misconduct, the training shall include specific instruction regarding such violations.

It is the sense of Congress that DOD should ensure that its medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

Congress
114

Number
HR - 4991

Introduced on
2016-04-18

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

4/18/2016

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act

This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions require that any person subject to the code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense, wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct.

The Department of Defense (DOD) shall prescribe uniform standards for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes:

  • collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making and enhances the quality of periodic reviews;
  • case processing and management;
  • timely and accurate production and distribution of trial records; and
  • facilitation of access to docket information, filings, and records.

Each military department shall ensure that any individual investigating an allegation of retaliation against a person who has made a protected communication must have training in the definition and characteristics of retaliation. If the investigation involves alleged retaliation in response to a communication regarding rape, sexual assault, or other sexual misconduct, the training shall include specific instruction regarding such violations.

It is the sense of Congress that DOD should ensure that its medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma.

Alternative Names
Official Title as IntroducedTo amend the Uniform Code of Military Justice to establish the offense of retaliation, to improve military justice case management, data collection, and the accessibility of such data, and for other purposes.

Policy Areas
Armed Forces and National Security

Potential Impact
Assault and harassment offenses•
Congressional oversight•
Crime victims•
Criminal investigation, prosecution, interrogation•
Criminal justice information and records•
Criminal procedure and sentencing•
Employment discrimination and employee rights•
Government employee pay, benefits, personnel management•
Mental health•
Military command and structure•
Military law•
Military medicine•
Military personnel and dependents•
Sex offenses

Comments

Recent Activity

Latest Summary6/15/2016

Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act

This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions re...


Latest Action5/5/2016
Referred to the Subcommittee on Military Personnel.