Military Sexual Assault Prevention Act of 2013

Summary: Military Sexual Assault Prevention Act of 2013 - Prohibits any person convicted under federal or state law of rape, sexual assault, forcible sodomy, or incest from being commissioned or enlisting in the Armed Forces. Requires administrative separation from the Armed Forces, when not punitively discharged, for any member of the Armed Forces (member) on active duty, and any reserve member in an active status, who is convicted of rape, sexual assault, forcible sodomy, or an attempt thereof (covered offenses). Allows the Secretary of the military department concerned to waive such a separation in the interests of national security on a case-by-case basis. Directs the Secretary of Defense (DOD), with respect to any charge under the Uniform Code of Military Justice (UCMJ) that alleges any of the covered offenses, to require the military department Secretaries to restrict disposition authority to specified high-command officers authorized to convene special courts-martial under the UCMJ. States as the policy of the United States that any charge regarding the covered offenses should be disposed of by court-martial rather than non-judicial punishment or administrative action. Requires a commanding officer who receives a report of a sexual-related offense involving a member to act upon the report within 24 hours, including by submitting the report to the next higher officer in that chain of command or referring such report to the appropriate office of special investigation. Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense. Requires commanding officer review of a member's history of substantiated sexual offenses upon a member's transfer to the new command. Requires sexual assault forms and records to be retained for at least 50 years. Amends the National Defense Authorization Act for Fiscal Year 2013 to require the Secretary to retain for at least 50 years certain records concerning an incident of sexual assault. (Current law mandates such retention only at the request of a member who files a specified report.) 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Prevention 
Act of 2013''.

SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO 
              HAVE BEEN CONVICTED OF A SEXUAL OFFENSE.

    (a) Prohibition.--Chapter 37 of title 10, United States Code, is 
amended adding at the end the following new section:
``Sec. 656. Prohibition on service in the armed forces by individuals 
              convicted of a sexual offense
    ``(a) Prohibition on Commissioning or Enlistment.--(1) A person who 
has been convicted of an offense specified in paragraph (2) under 
Federal or State law may not be processed for commissioning or 
permitted to enlist in the armed forces.
    ``(2) An offense specified in this paragraph is any felony offense 
as follows:
            ``(A) Rape.
            ``(B) Sexual assault.
            ``(C) Forcible sodomy.
            ``(D) Incest.
    ``(b) Administrative Separation for Certain Offenses Not Resulting 
in Punitive Discharge.--(1) Any member of the armed forces on active 
duty, and any member of a reserve component of the armed forces not on 
active duty but in active status, who is convicted of an offense 
specified in paragraph (2) and not punitively discharged from the armed 
forces in connection with such conviction shall be separated 
administratively from the armed forces for such offense.
    ``(2) An offense specified in this paragraph is any offense as 
follows:
            ``(A) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of this title (article 120 of the Uniform Code of 
        Military Justice).
            ``(B) Forcible sodomy under section 925 of this title 
        (article 125 of the Uniform Code of Military Justice).
            ``(C) An attempt to commit an offense specified in 
        subparagraph (A) or (B), as punishable under section 880 of 
        this title (article 80 of the Uniform Code of Military 
        Justice).
    ``(3) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the military department concerned may waive the 
requirement in paragraph (1) with respect to a member if the waiver is 
determined appropriate in the interests of the national security of the 
United States. Waivers under this paragraph shall be made on a case-by-
case basis.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 37 of such title is amended by adding at the end the following 
new item:

``656. Prohibition on service in the armed forces by individuals 
                            convicted of a sexual offense.''.

SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING 
              CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Persons Who May Exercise Disposition Authority.--
            (1) Disposition authority.--With respect to any charge 
        under chapter 47 of title 10, United States Code (the Uniform 
        Code of Military Justice), that alleges an offense specified in 
        paragraph (2), the Secretary of Defense shall require the 
        Secretaries of the military departments to restrict disposition 
        authority under section 830 of such chapter (article 30 of the 
        Uniform Code of Military Justice) to officers of the Armed 
        Forces who have the authority to convene special courts-martial 
        under section 823 of such chapter (article 23 of the Uniform 
        Code of Military Justice), but not lower than the following:
                    (A) In the case of a training command, the first 
                brigadier general, or, in the case of the Navy, the 
                first rear admiral (lower half), with a legal advisor 
                (or access to a legal advisor) in the chain of command 
                of the person accused of committing the offense.
                    (B) In the case of any other command, the first 
                colonel, or in the case of the Navy, the first captain, 
                with a legal advisor (or access to a legal advisor) in 
                the chain of command of the person accused of 
                committing the offense.
            (2) Covered offenses.--Paragraph (1) applies with respect 
        to a charge that alleges any of the following offenses under 
        chapter 47 of title 10, United States Code (the Uniform Code of 
        Military Justice):
                    (A) Rape or sexual assault under subsection (a) or 
                (b) of section 920 of such chapter (article 120 of the 
                Uniform Code of Military Justice).
                    (B) Forcible sodomy under section 925 of such 
                chapter (article 125 of the Uniform Code of Military 
                Justice).
                    (C) An attempt to commit an offense specified in 
                subparagraph (A) or (B), as punishable under section 
                880 of such chapter (article 80 of the Uniform Code of 
                Military Justice).
    (b) Implementation.--
            (1) Secretaries of military departments.--The Secretaries 
        of the military departments shall revise policies and 
        procedures as necessary to comply with subsection (a).
            (2) Secretary of defense.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall recommend such changes to the Manual for Courts-Martial 
        as are necessary to ensure compliance with subsection (a).

SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION OF CHARGES INVOLVING 
              CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE 
              OF MILITARY JUSTICE THROUGH COURTS-MARTIAL.

    (a) Statement of Policy.--It shall be the policy of the United 
States that any charge regarding an offense specified in subsection (b) 
should be disposed of by court-martial, rather than by non-judicial 
punishment or administrative action.
    (b) Covered Offenses.--An offense specified in this subsection is 
any of the following offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice):
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of such chapter (article 120 of the Uniform Code of 
        Military Justice).
            (2) Forcible sodomy under section 925 of such chapter 
        (article 125 of the Uniform Code of Military Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2), as punishable under section 880 of such chapter 
        (article 80 of the Uniform Code of Military Justice).
    (c) Justification for Disposition Other Than by Court-Martial.--In 
the case of any charge regarding an offense specified in subsection (b) 
that is disposed of by non-judicial punishment or administrative 
action, rather than by court-martial, the disposition authority 
provided for in section 3 shall include in the case file a 
justification for the disposition of the charge by non-judicial 
punishment or administrative action, rather than by court-martial.

SEC. 5. COMMAND ACTION ON REPORTS BY MEMBERS OF THE ARMED FORCES OF 
              SEXUAL OFFENSES INVOLVING MEMBERS.

    (a) Maximum Period for Action.--A commanding officer who receives a 
report of a sexual-related offense involving a member of the Armed 
Forces in the chain of command of such officer shall act upon the 
report in accordance with subsection (b) by not later than 24 hours 
after receipt of the report by the commanding officer.
    (b) Required Action.--The action required by this subsection with 
respect to a report described in subsection (a) is, at the election of 
the commanding officer concerned, one of the following:
            (1) The submittal of the report to the next higher officer 
        in the chain of command of the commanding officer concerned.
            (2) The referral of the report to the office of the special 
        investigation of the military department concerned or such 
        other investigation service of the military department 
        concerned as the Secretary of the military department concerned 
        may specify for purposes of this section.

SEC. 6. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED 
              OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE 
              ARMED FORCES.

    (a) Information on Substantiated Reports on Sexual-Related 
Offenses.--
            (1) In general.--If a complaint of a sexual-related offense 
        is made against a member of the Armed Forces and the complaint 
        is substantiated, a notation to that effect shall be placed in 
        the personnel service record of the member, regardless of the 
        member's grade.
            (2) Purpose.--The purpose of the inclusion of information 
        in personnel service records under paragraph (1) is to alert 
        commanders to the members of their command who have received 
        courts-martial conviction, non-judicial punishment, or 
        administrative action for sexual-related offenses in order to 
        reduce the likelihood that repeat offenses will escape the 
        notice of commanders.
    (b) Limitation on Placement.--A notation under subsection (a) may 
not be placed in the restricted section of the personnel service record 
of a member.
    (c) Construction.--Nothing in subsection (a) or (b) may be 
construed to prohibit or limit the capacity of a member of the Armed 
Forces to challenge or appeal the placement of a notation, or location 
of placement of a notation, in the member's personnel service record in 
accordance with procedures otherwise applicable to such challenges or 
appeals.
    (d) Substantiated Complaints.--For purposes of implementing this 
section, the Secretary of Defense shall use the definition of 
substantiated developed for purposes of the annual report on sexual 
assaults involving members of the Armed Forces prepared under section 
1631 of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (10 U.S.C. 1561 note).
    (e) Command Review of History of Sexual-Related Offenses of Members 
Upon Assignment or Transfer to New Unit.--
            (1) Review required.--Under uniform regulations prescribed 
        by the Secretary of Defense, the commanding officer of a 
        facility, installation, or unit to which a member of the Armed 
        Forces described in paragraph (2) is permanently assigned or 
        transferred shall review the history of substantiated sexual 
        offenses of the member in order to familiarize such officer 
        with such history of the member.
            (2) Covered members.--A member of the Armed Forces 
        described in this paragraph is a member of the Armed Forces 
        who, at the time of assignment or transfer as described in 
        paragraph (1), has a history of one or more substantiated 
        sexual offenses as documented in the personnel service record 
        of such member or such other records or files as the Secretary 
        shall specify in the regulations prescribed under paragraph 
        (1).

SEC. 7. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION OF REPORTS 
              OF SEXUAL ASSAULT.

    (a) Collection.--The Secretary of Defense shall require that the 
Secretary of each military department establish a record on the 
disposition of any report of sexual assault, whether such disposition 
is court-martial, non-judicial punishment, or other administrative 
action. The record of any such disposition shall include the following, 
as appropriate:
            (1) Documentary information collected about the incident 
        reported.
            (2) Punishment imposed, including the sentencing by 
        judicial or non-judicial means including incarceration, fines, 
        restriction, and extra duty as a result of military court-
        martial, Federal and local court and other sentencing, or any 
        other punishment imposed.
            (3) Reasons for the selection of the disposition and 
        punishments selected.
            (4) Administrative actions taken, if any.
            (5) Any pertinent referrals offered as a result of the 
        incident (such as drug and alcohol counseling and other types 
        of counseling or intervention).
    (b) Retention.--The Secretary of Defense shall require that--
            (1) the records established pursuant to subsection (a) be 
        retained by the Department of Defense for a period of not less 
        than 50 years; and
            (2) a copy of such records be maintained at a centralized 
        location for the same period as applies to retention of the 
        records under paragraph (1).

SEC. 8. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED 
              REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED 
              FORCES.

    (a) Requirement for Retention.--Subsection (a) of section 577 of 
the National Defense Authorization Act for Fiscal Year 2013 (Public Law 
112-239) is amended by striking ``At the request of a member of the 
Armed Forces who files a Restricted Report on an incident of sexual 
assault involving the member, the Secretary of Defense shall'' and 
inserting ``The Secretary of Defense shall''.
    (b) Conforming Amendment.--The heading of such section is amended 
by striking ``at request of the member of the armed forces making the 
report''.