Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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“(2) Each branch of the Armed Forces (Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard) instills in its members a sense of duty and obligation to the United States, their branch of service, and their comrades-in-arms. (3) The Department of Veterans Affairs estimates that approximately 20 veterans of the Armed Forces commit suicide each day, and a veteran's risk of suicide is 21 percent higher than an adult who has not served in the Armed Forces. (4) The Department of Veterans Affairs is aggressively undertaking measures to prevent these tragic outcomes, yet suicide rates among veterans remain unacceptably high. (5) Upon enlistment or appointment in the Armed Forces, a new member is obligated to take an oath of office or oath of enlistment.”
“(e) Termination.--The authority to carry out the Pilot Program shall terminate five years after the date of the enactment of this Act. (f) Definition.--In this section, the term ``advanced monitoring and rehabilitative technologies'' means emerging technologies appropriate for correctional environments such as secure digital platforms, biometric identification systems, data analytics, or other such technologies. Subtitle G--Career Transition SEC. 561. ESTABLISHMENT OF SEPARATION OATH FOR MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) The United States Armed Forces is the largest, all- volunteer military force in the world, yet less than one percent of the American population serves in the Armed Forces.”
“(2) Final report.--Not later than 30 days after the date on which the Pilot Program terminates under subsection (e), the Secretary of the Army shall submit to the congressional defense committees a final report on the Program. (3) Elements.--Each of the reports under paragraphs (1) and (2) shall include-- (A) an evaluation of the costs of the Program as of the date of the report, including the costs of the technologies evaluated under the Program; (B) any measurable outcomes achieved by the program as of such date; (C) recommendations as to whether any technologies evaluated under the Program are suitable for implementation across the Army Corrections Command; and (D) such other information as the Secretary of the Army determines appropriate.”
“(c) Additional Requirements.--In carrying out the Pilot Program, the Secretary of the Army shall-- (1) ensure that personnel participating in the Program receive appropriate training; (2) establish safeguards to protect privacy and civil liberties; and (3) develop performance metrics to measure the effectiveness of the technologies evaluated under the Program in reducing misconduct, improving compliance, enhancing rehabilitation outcomes, and supporting reintegration efforts. (d) Reports.-- (1) Initial report.--Not later than one year after the date on which of the Pilot Program commences, the Secretary of the Army shall submit to the congressional defense committees a initial report on the progress of the Program.”
“(a) In General.--Beginning not later than one year after the date of the enactment of this Act, the Secretary of the Army, acting through [[Page H4789]] the Commanding General of the Army Corrections Command, shall carry out a pilot program (referred to in this section as the ``Pilot Program'') to evaluate the use of advanced monitoring and rehabilitative technologies in Army correctional facilities to improve safety, accountability, rehabilitation outcomes, and operational efficiency. (b) Locations.--The Secretary of the Army shall select one or more correctional facilities of the Army in which to implement the Pilot Program.”
“(2) Continuation.--The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives. (g) Conforming Repeal.--Section 550B of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note) is repealed. SEC. 559. PILOT PROGRAM ON USE OF ADVANCED MONITORING AND REHABILITATIVE TECHNOLOGIES IN ARMY CORRECTIONAL FACILITIES.”
“(e) Sexual Assault Continuum of Harm Defined.--In this section, the term ``sexual assault continuum of harm'' includes-- (1) inappropriate actions (such as sexist jokes), sexual harassment, gender discrimination, hazing, cyber bullying, or other behavior that contributes to a culture that is tolerant of, or increases risk for, sexual assault; and (2) maltreatment or ostracism of a victim for a report of sexual misconduct. (f) Termination.-- (1) In general.--Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a).”
“(3) Coordination of efforts.--In addition to the reviews required by paragraph (2), for purposes of providing advice to the Secretary of Defense the Advisory Committee shall also consult and coordinate with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces on matters of joint interest to the two Advisory Committees. (d) Annual Report.--Not later than March 30 each year, the Advisory Committee shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year.”
“(B) The policies, programs, and practices of each military department, each Armed Force, and each military service academy for the prevention of sexual assault as described in subparagraph (A). (2) Basis for provision of advice.--For purposes of providing advice to the Secretary of Defense pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following: (A) Closed cases involving allegations of sexual assault described in paragraph (1). (B) Efforts of institutions of higher education to prevent sexual assault among students. (C) Any other information or matters that the Advisory Committee or the Secretary considers appropriate.”
“(2) Background of individuals.--Individuals appointed to the Advisory Committee may include individuals with expertise in sexual assault prevention efforts of institutions of higher education, public health officials, and such other individuals as the Secretary of Defense considers appropriate. (3) Prohibition on membership of members of armed forces on active duty.--A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee. (c) Duties.-- (1) In general.--The Advisory Committee shall advise the Secretary of Defense on the following: (A) The prevention of sexual assault (including rape, forcible sodomy, other sexual assault, and other sexual misconduct (including behaviors on the sexual assault continuum of harm)) involving members of the Armed Forces.”
“(b) Membership.-- (1) In general.--The Advisory Committee shall consist of not more than 20 members, appointed by the Secretary of Defense from among individuals who have an expertise appropriate for the work of the Advisory Committee, including at least one individual with each expertise as follows: (A) Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm. (B) Expertise in adverse behaviors, including the prevention of suicide and the prevention of substance abuse. (C) Expertise in the change of culture of large organizations. (D) Expertise in implementation science.”
“SEC. 558. REESTABLISHMENT OF DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT. (a) Establishment Required.-- (1) In general.--The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the ``Defense Advisory Committee for the Prevention of Sexual Misconduct'' (in this section referred to as the ``Advisory Committee''). (2) Deadline for establishment.--The Secretary of Defense shall establish the Advisory Committee not later than 90 days after the date of the enactment of this Act.”
“(e) Oversight and Reporting.--Not later than two years after the date of the enactment of this Act, and annually thereafter for seven years, the Secretary of Defense shall submit to the congressional defense committees, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to the Coast Guard, a report that includes, with respect to the year preceding the date of the report-- (1) the number of military protective order requests received by commanding officers of the Armed Forces; (2) the number of military protective order requests that were approved and denied; (3) the average processing times for such approvals and denials; and (4) a description of any barriers to the timely review, documentation, and resolution of requests for military protective orders.”
“(d) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to the Coast Guard, a report that includes-- (1) a summary of the standardized policies and processes established under subsection (a); (2) a plan for the implementation of such policies and processes; and (3) a description of-- (A) any revisions to Department of Defense Form 2873 and other changes to documentation procedures made as result of such policies and process; and (B) measures that will be implemented to ensure compliance with decision-making timelines and legal guidance requirements specified in subsection (c).”
“(c) Requirements.--In establishing the policies and processes under subsection (a), the Secretary of Defense shall-- (1) require that any commanding officer of the Armed Forces who receives a request for a military protective order from an individual who is eligible to request such order-- (A) make a determination as to whether to issue such order not later than three calendar days after receipt of the request, unless the officer certifies to the Secretary that extraordinary circumstances prevent the officer from meeting that deadline; (B) before making such determination, seek counsel and legal review from a Staff Judge Advocate or other qualified judge advocate to inform the decision-making process; and (C) in the event the commander denies the request for a military protective order, provide written notification of such denial to the individual who requested the order not later than two calendar days after making the denial decision; (2) update Department of Defense Form 2873 (or any successor form) to reflect enhanced documentation requirements for approved and denied military protective order requests; and (3) require that such form be completed, maintained, and retained in accordance with applicable records management and privacy policies of the Department of Defense.”
“(b) Purposes.--The purposes of this section are-- (1) to ensure prompt, consistent, and transparent decision making regarding requests for military protective orders; (2) to enhance the safety of individuals affected by such orders; and (3) to improve accountability in command actions related to such orders.”
“(c) Covered Armed Forces Defined.--In this section, the term ``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Space Force. SEC. 557. REQUIREMENT FOR STANDARDIZED POLICIES AND PROCESSES TO ENSURE THE TIMELY REVIEW, DOCUMENTATION, AND RESOLUTION OF REQUESTS FOR MILITARY PROTECTIVE ORDERS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy with respect the Coast Guard, shall establish standardized policies and processes to ensure the timely review, documentation, and resolution of requests for military protective orders submitted to commanding officers of the Armed Forces.”
“(a) In General.--The Secretary of Defense shall establish and implement a policy under which unit level commanders in the covered Armed Forces, in response to domestic violence reports or complaints, shall be required to-- (1) move alleged offenders into military housing separate from the victim; and (2) maintain emergent housing entitlements to basic allowance for housing or military housing units in support of domestic violence victims for up to one year. (b) Amendment of DD Form 2873.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Military Protective Order form, DD Form 2873, to incorporate the changes implemented pursuant to this section.”
“(b) Applicability to Existing Reports.--The Secretary of Defense shall ensure that individuals who submitted a confidential complaint or report of sexual harassment or an unrestricted report or informal complaint of sexual harassment before the effective date of the modifications to policies, procedures, and forms in accordance with subsection (a)(1)-- (1) are eligibility to participate in the Catch a Serial Offender Program in the same manner and under the same conditions as an individual who submits such a complaint or report after such effective date; and (2) are notified of such eligibility. SEC. 556. MILITARY DOMESTIC VIOLENCE EMERGENT HOUSING POLICY.”
“INCLUSION OF SEXUAL HARASSMENT IN CATCH A SERIAL OFFENDER PROGRAM. (a) Participation and Notice.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall-- (1) modify the policies, procedures, and forms necessary to permit individuals who are members of the Armed Forces, adult dependents of such members, or employees of the Department of Defense to participate in the Catch a Serial Offender Program of the Department of Defense if the individual submits a confidential complaint or report of sexual harassment or an unrestricted report or informal complaint of sexual harassment without disclosing the name of the subject to a military criminal investigative organization; and (2) such individuals are notified of whether such individuals may participate in the Catch A [[Page H4788]] Serial Offender Program when submitting a confidential complaint or report of sexual harassment or an unrestricted report or informal complaint of sexual harassment.”
“``(b) Sexual Harassment Defined.--In this section, the term `sexual harassment' means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134 of the Uniform Code of Military Justice) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).''. SEC. 554. CROSS-SERVICE DATA SHARING REGARDING SUBSTANTIATED ALLEGATIONS OF SEXUAL MISCONDUCT. The Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish a data sharing arrangement pursuant to which each Armed Force shall be required to collect and make available to the other Armed Forces data concerning substantiated allegations of sexual misconduct by members of that Armed Force. SEC. 555.”
“(b) Implementation.--The Secretary of Defense shall prescribe policies required by section 1568 of title 10, United States Code, as added by subsection (a) of this section, not later than 180 days after the date of the enactment of this Act. SEC. 553. AUTHORITY OF NAVAL CRIMINAL INVESTIGATIVE SERVICE TO INVESTIGATE SEXUAL HARASSMENT. Chapter 871 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8750a. Naval Criminal Investigative Service: authority to investigate sexual harassment. ``(a) In General.--The Naval Criminal Investigative Service shall be the entity within the Department of the Navy with the sole and exclusive authority to conduct investigations of alleged sexual harassment by members of the Navy or Marine Corps.”
“Policies regarding the reporting of missing members of the Armed Forces ``The Secretary of Defense shall prescribe policies for the Department of Defense that establish minimum standards with respect to reporting the discovery that a member of the armed forces is missing. Such policies shall include-- ``(1) standards for the categorization of absences of members of the armed forces; ``(2) a requirement that the appropriate military criminal investigative organization be notified not later than three hours after a member of the armed forces is discovered to be missing; and ``(3) a requirement that the primary next of kin of the member (as defined in section 1513 of this title) be notified not later than eight hours after a member of the armed forces is discovered to be missing.''.”
“(b) Effective Date.--The amendments made by subsection (a) shall take effect two years after the date of the enactment of this Act. (c) Briefing.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of policies and procedures to carry out the changes required pursuant to subsection (a). SEC. 552. POLICIES REGARDING THE REPORTING OF MISSING MEMBERS OF THE ARMED FORCES. (a) Policies Required.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section. ``Sec. 1568.”
“(a) Amendments.--Section 1044e of title 10, United States Code, is amended-- (1) in the section heading, by inserting ``domestic violence and'' before ``sex-related offenses''; (2) by inserting ``domestic violence or'' before ``sex- related offense'' each place it appears; (3) in subsection (b)(3), by striking ``domestic abuse advocate'' and inserting ``domestic abuse victim advocate''; (4) in subsection (f)(1), by inserting ``domestic abuse victim advocate,'' after ``healthcare provider,''; and (5) in subsection (h)-- (A) in the subsection heading, by inserting ``Domestic Violence or'' before ``Sex-related Offense''; and (B) in paragraph (1), by striking ``or 930 of this title (article 120, 120b, 120c,'' and inserting ``928b, or 930 of this title (article 120, 120b, 120c, 128b,''.”
“As part of such analysis, the Secretary shall develop a proposed definition of the term ``hazing'' for purposes of such article. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the analysis under subsection (a). Subtitle F--Investigations and Other Legal Matters SEC. 551. EXTENSION OF SPECIAL VICTIMS' COUNSEL SERVICES TO DOMESTIC VIOLENCE VICTIMS.”
“(c) Special Review Panel Defined.--In this section, the term ``Special Review Panel'' means the Special Review Panel established pursuant to the memorandum of the Secretary of Defense dated May 8, 2026, titled ``Departmental Review of the Military Legal System and Its Impact on Service Members''. SEC. 549D. ANALYSIS OF POTENTIAL ESTABLISHMENT OF SEPARATE PUNITIVE ARTICLE ON HAZING UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) Analysis Required.--The Secretary of Defense, in coordination with the Joint Service Committee on Military Justice, shall analyze the feasibility and advisability of, and develop recommendations with respect to, modifying chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish a separate punitive article on hazing.”
“(b) Documentation Required.-- (1) In general.--The Secretary of Defense shall submit to the congressional defense committees all recommendations and analysis delivered by the Special Review Panel to the Secretary of Defense. (2) Timing of submissions.-- (A) Any documentation described in paragraph (1) that was delivered to the Secretary of Defense before the date of the enactment of this Act, shall be submitted to the congressional defense committees not later than 30 days after such date of enactment. (B) Any documentation described in paragraph (1) that is delivered to the Secretary of Defense on or after the date of the enactment of this Act, shall be submitted to the congressional defense committees not later than five days after the date of delivery to the Secretary.”
“(e) Certification.--Not later than 30 days after completing the revision required by subsection (a), the Secretary of Defense shall certify to the Committees on Armed Services of the Senate and the House of Representatives that Department of Defense Instruction 1325.07 has been revised in accordance with this section. SEC. 549C. NOTIFICATION REQUIRED TO IMPLEMENT CHANGES TO MILITARY LEGAL SYSTEM RECOMMENDED BY SPECIAL REVIEW PANEL ACTIVITIES. (a) Prohibition.--The Secretary of Defense may not implement a recommendation of the Special Review Panel until a period of 180 days has elapsed following the date on which the Secretary submits to the congressional defense committees all documentation required under subsection (b).”
“(c) Applicability.--The revision required by subsection (a) shall apply to sentences imposed after the date on which the revision takes effect. Nothing in this section shall be construed to affect a sentence imposed before the effective date of such revision. (d) Preservation of Victim Rights.--Nothing in this section shall be construed to limit the rights of a victim under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice). The Secretary of the military department concerned shall ensure that a victim retains the right to be reasonably heard at any clemency proceeding conducted outside the standard annual review cycle with respect to an individual described in subsection (a).”
“(b) Covered Offenses.--An individual is ineligible for any reduction in the term of confinement based on good-conduct time as described in subsection (a) if the individual is serving a sentence for a conviction under-- (1) section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), relating to rape and sexual assault; (2) section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), relating to rape and sexual assault of a child; (3) section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice), relating to abusive sexual contact; (4) section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), relating to murder, if the offense was committed in the course of conduct involving a sexual act or sexual contact as defined in section 920 of that title (article 120); (5) section 919 of title 10, United States Code (article 119 of the Uniform Code of Military Justice), relating to manslaughter, if the offense was committed in the course of conduct involving a sexual act or sexual contact as defined in section 920 of that title (article 120); (6) section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), relating to kidnapping, if the victim was a minor; (7) section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), relating to assault, if the offense involved a sexual act or sexual contact as defined in section 920 of that title (article 120); (8) section 930 of title 10, United States Code (article 130 of the Uniform Code of Military Justice), relating to stalking, if the offense involved a sexual motive or the victim was a minor; (9) section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), relating to indecent conduct or indecent acts with another person; (10) section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), relating to the possession, distribution, or production of child pornography; (11) section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice), relating to attempts, if the offense attempted is an offense described in paragraphs (1) through (10) of this subsection; or (12) section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice), relating to conspiracy, if the offense that is the object of the conspiracy is an offense described in paragraphs (1) through (10) of this subsection.”
“(a) Revision Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Instruction 1325.07, or any successor instruction, to provide that an individual serving a sentence of confinement imposed pursuant to a conviction by a general or special court-martial for an offense described in subsection (b) [[Page H4787]] is ineligible for any reduction in the term of confinement based on good-conduct time.”
“(b) Conforming Amendment.--The heading of section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice) is amended by striking ``Retaliation'' and inserting ``Retaliation generally''. SEC. 549B. REVISION OF DEPARTMENT OF DEFENSE INSTRUCTION REGARDING EARLY RELEASE ELIGIBILITY FOR OFFENDERS CONVICTED OF CERTAIN SEXUAL OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.”
“Retaliation for reporting of sexual harassment ``(a) In General.--Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report sexual harassment or with the intent to discourage any person from reporting sexual harassment-- ``(1) wrongfully takes or threatens to take an adverse personnel action against any person; or ``(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; shall be punished as a court-martial may direct. ``(b) Sexual Harassment Defined.--In this section, the term `sexual harassment' has the meaning given that term in section 1561 of this title.''.”
“PUNITIVE ARTICLE ON RETALIATION FOR REPORTING OF SEXUAL HARASSMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) In General.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 932 (article 132) the following new section (article): ``Sec. 932a. Art. 132a.”
“``(11) Visual image.--The term `visual image' means-- ``(A) any developed or undeveloped photograph, picture, film, or video; ``(B) any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, even if not stored in a permanent format; ``(C) any digital or electronic data capable of conversion into a visual image; or ``(D) any visual image that is digitally forged.''. SEC. 549. AUTHORIZATION OF DEATH PENALTY FOR OFFENSE OF RAPE OF A CHILD UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting ``by death, or such other punishment'' after ``shall be punished''. SEC. 549A.”
“``(9) Reasonable expectation of privacy.--The term `reasonable expectation of privacy' means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. ``(10) Sexually explicit conduct.--The term `sexually explicit conduct' means actual or simulated-- ``(A) genital-genital contact, oral-genital contact, anal- genital contact, oral-anal contact, or the transfer of bodily sexual fluids on to any part of the body of an identifiable individual, whether between persons of the same or opposite sex; ``(B) bestiality; ``(C) masturbation; or ``(D) sadistic or masochistic abuse.”
“``(6) Identifiable individual.--The term `identifiable individual' means an individual whose face, likeness, other distinguishing characteristic (including a unique birthmark or other recognizable feature), or other personally identifiable information is displayed in connection with a covered image. ``(7) Private area.--The term `private area' means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. ``(8) Publish.--The term `publish' means to display, exhibit, present, or otherwise make a covered image available for viewing by another person in any medium without regard to whether such image is-- ``(A) directly shown to another person; or ``(B) broadcast or distributed.”
“``(4) Digitally forged.--The term `digitally forged', when used with respect to an image, means any visual image of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual image, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual image of the individual and does not accurately reflect the original source or reality. ``(5) Distribute.--The term `distribute' means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.”
“``(b) Definitions.--In this section (article): ``(1) Authentic.--The term `authentic', when used with respect to an image, means a visual image of an identifiable individual that accurately represents the individual, and has not been created, altered, manipulated, or generated through the use of machine learning or artificial intelligence in a manner that would cause a reasonable person to perceive the authentic visual image as anything other than a genuine, unmodified, or not digitally forged visual image. ``(2) Broadcast.--The term `broadcast' means to electronically transmit a visual image with the intent that it be viewed by a person. ``(3) Covered image.--The term `covered image' means an authentic or digitally forged visual image of-- ``(A) the private area of a person; or ``(B) sexually explicit conduct involving a person.”
“Wrongful broadcast, distribution, or publication of intimate visual images ``(a) Prohibition.--Any person subject to this chapter who-- ``(1) knowingly and wrongfully broadcasts, distributes, or publishes a covered image involving a person who-- ``(A) is at least 18 years of age at the time the image was created; ``(B) is identifiable from the image, or from information displayed or provided in connection with the image; ``(C) did not consent to the broadcast, distribution, or publication of the image; and ``(D) did not, in a public or commercial setting, voluntarily-- ``(i) display the private area depicted in the image; or ``(ii) engage in the sexually explicit conduct depicted in the image; ``(2) knowingly and wrongfully broadcasts, distributes, or publishes an authentic covered image and knows or reasonably should have known that the image was made under circumstances in which the identifiable individual in the image retained a reasonable expectation of privacy regarding any broadcast, distribution, or publication of the image; or ``(3) knowingly and wrongfully broadcasts, distributes, or publishes a covered image and knows or reasonably should have known that the broadcast, distribution, or publication of the covered image is likely-- ``(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the identifiable individual in the image; or ``(B) to harm substantially the identifiable individual with respect to that person's health, safety, business, calling, career, financial conduction, reputation, or personal relationships, is guilty of an offense under this section (article) and shall be punished as a court-martial may direct.”
“``(4) Review of any decision of a Court of Criminal Appeals on a petition for writ of mandamus described in section 806b(e) of this title (article 6b(e)) shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.''. (b) Conforming Amendment.--Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended by striking subparagraph (C). SEC. 548. MODIFICATIONS TO OFFENSE OF WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows: ``Sec. 917a. Art. 117a.”
“``(3) The victim of an offense under this chapter may petition the Court of Appeals for the Armed Forces for review pursuant to paragraph (1) not later than 60 days after the earlier of-- ``(A) the date on which the victim is notified of the decision of the Court of Criminal Appeals on a petition pursuant to section 806b(e) of this title (article 6b(e)); or ``(B) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on counsel for the victim (if the victim has counsel), is deposited into the United States mails for delivery by first-class certified mail to the victim at an address provided by the victim or at the latest address listed for the victim in the record of any proceedings held pursuant to section 830a or 832 of this title (article 30a or 32) or during trial.”
“EXPANSION OF VICTIM ACCESS TO COURT OF APPEALS FOR THE ARMED FORCES. (a) Review by Court of Appeals for the Armed Forces.-- Section 867 of title 10, United States Code (article 67 of the Uniform Code of Military Justice), is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) The Court of Appeals for the Armed Forces may review all decisions taken by a Court of Criminal Appeals pursuant to a petition filed by a victim of an offense under this chapter under section 806b(e) of this title (article 6b(e)) and on good cause shown.”
“546. CLARIFICATION OF COURT OF CRIMINAL APPEALS REVIEW OF SENTENCING. Section 866(e)(1) of title 10, United States Code (article 66(e)(1) of the Uniform Code of Military Justice), is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) whether the portion of the sentence extending to confinement is inappropriately severe, except that in the case of an offense for which the President has established a sentencing parameter for such portion pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the Court may not consider such portion inappropriately severe if such portion is at or below the upper range of such sentencing parameter;''; and (2) in subparagraph (C), by striking ``the sentence'' and inserting ``the portion of the sentence extending to confinement''. SEC. 547.”
“(b) Technical Correction.--Section 869(c)(2) of title 10, United States Code (article 69(c)(2) of the Uniform Code of Military Justice), is amended by striking ``section 865(b) of this title (article 65(b))'' and inserting ``section 865(d) of this title (article 65(d))''. SEC. 545. UNIFORM CODE OF MILITARY JUSTICE: PROHIBITION OF REVIEW OF FACTUAL SUFFICIENCY IN CERTAIN APPEALS BEFORE A COURT OF CRIMINAL APPEALS. Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended in subsection (d)(1)(B)-- (1) in clause (i)-- (A) by striking ``(i)''; (B) by striking ``may consider'' and inserting ``may not consider''; and [[Page H4786]] (C) by striking ``upon request of the accused if the accused makes a specific showing of a deficiency in proof''; and (2) by striking clauses (ii) and (iii). SEC.”
“SEC. 544. REVIEW OF COURTS-MARTIAL RECORDS. (a) Review When Direct Appeal Is Waived, Withdrawn, or Not Filed.--Section 865(d) of title 10, United States Code (article 65(d) of the Uniform Code of Military Justice), is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (2), as so redesignated-- (A) in subparagraph (A)(ii), by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''; and (B) in subparagraph (B), by striking ``conclusions'' and all that follows and inserting ``a conclusion on each of the following matters: ``(i) Whether the court had jurisdiction over the accused and the offense. ``(ii) Whether the charge and specification stated an offense. ``(iii) Whether the sentence was within the limits prescribed as a matter of law.''.”
“``(B) A petition for review by the Court of Appeals for the Armed Forces is withdrawn by the accused. ``(C) In the case of a petition for review by the Court of Appeals for the Armed Forces that has been timely filed and not withdrawn, the petition-- ``(i)(I) is denied or otherwise rejected by the Court of Appeals for the Armed Forces; or ``(II) the review requested by the petition is completed in accordance with the judgment of the Court of Appeals for the Armed Forces; and ``(ii) with respect to subsequent review by the Supreme Court-- ``(I) a petition for a writ of certiorari as provided in section 1259 of title 28 is not filed within the time limits prescribed by the Supreme Court; ``(II) such a petition for a writ of certiorari is rejected by the Supreme Court; ``(III) such a petition for a writ of certiorari is withdrawn by the petitioner; or ``(IV) review is otherwise completed in accordance with the judgment of the Supreme Court.''.”
“Section 857(c) of title 10, United States Code (article 57(c) of the Uniform Code of Military Justice), is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (1)(B), by striking ``Appeals and--'' and all that follows and inserting ``Appeals and the review and time requirements described in paragraph (2) are satisfied.''; and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Review and time requirements.--The review and time requirements referred to in paragraph (1)(B) are satisfied if any of the following applies: ``(A) The time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a petition for such review in a timely manner and the case is not otherwise under review by that Court.”
“Upon acceptance of such an agreement by the military judge of a general or special court-martial, the agreement shall bind the parties and the convening authority.''. SEC. 543. CLARIFYING AMENDMENT TO COMPLETION OF APPELLATE REVIEW UNDER ARTICLE 57 OF THE UNIFORM CODE OF MILITARY JUSTICE.”