S. 2870

Military Retaliation Prevention Act

This bill amends the Uniform Code of Military Justice to subject to punishment by a court-martial any person who, with the intent to retaliate against any individual for reporting a criminal offense or making a protected communication, or with the intent to discourage any individual from reporting a criminal offense or making a protected communication, wrongfully:

• takes or threatens to take an adverse personnel action against such individual, or
• withholds or threatens to withhold a favorable personnel action from such individual.

"Protected communication" means a:

• lawful communication to a Member of Congress or an Inspector General; or
• communication to a specified individual or organization in which a service member complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of law or regulation, including sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

The results of a Department of Defense (DOD) or Armed Forces investigation of a service member's complaint of retaliation shall be provided to such service member.

DOD personnel who investigate claims of retaliation in connection with reports of sexual assault in the Armed Forces shall receive training on the nature and consequences of sexual assault trauma.

The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 is amended to include information on claims of retaliation in the military departments' sexual assault prevention reports to DOD.

DOD's Sexual Assault Prevention and Response Office shall establish metrics to evaluate efforts of the Armed Forces to prevent and respond to retaliation.