I 

113TH CONGRESS 

1ST SESSION H. R. 2002 

To amend title 10, United States Code, to enhance assistance for victims 

of sexual assault committed by members of the Armed Forces, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2013 

Mr. RYAN of Ohio (for himself, Ms. GRANGER, Ms. MCCOLLUM, Ms. KUSTER, 

Mrs. LOWEY, Ms. KAPTUR, Mr. COLE, and Mr. CRENSHAW) introduced 

the following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to enhance assistance 

for victims of sexual assault committed by members of 

the Armed Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Military 

5 Sexual Assault Act of 2013’’. 


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1 SEC. 2. SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX2 UAL ASSAULT COMMITTED BY MEMBERS OF 

3 THE ARMED FORCES. 

4 (a) SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF

5 SEXUAL ASSAULT COMMITTED BY MEMBERS OF THE

6 ARMED FORCES.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retaries of the military departments shall each im10 plement a program on the provision of a Special Vic11 tims’ Counsel to victims of a sexual assault com12 mitted by a member of the Armed Forces. 

13 (2) QUALIFICATION.—An individual may not be 

14 designated as a Special Victims’ Counsel under this 

15 subsection unless the individual is— 

16 (A) a judge advocate who is a graduate of 

17 an accredited law school or is a member of the 

18 bar of a Federal court or the highest court of 

19 a State; and 

20 (B) is certified as competent to be des21 ignated as a Special Victims’ Counsel by the 

22 Judge Advocate General of the Armed Force of 

23 which the individual is a member. 

24 (3) DUTIES.— 

25 (A) IN GENERAL.—Subject to subpara26 graph (C), the duties of a Special Victims’ 


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1 Counsel shall include the provision of legal rep2 resentation to a victim in connection with crimi3 nal and civil legal matters related to the sexual 

4 assault committed against the victim, including 

5 the following: 

6 (i) Legal assistance regarding crimi7 nal liability of the victim. 

8 (ii) Legal assistance regarding the vic9 tim’s responsibility to testify, and other 

10 duties to the court. 

11 (iii) Legal assistance regarding the 

12 potential for civil litigation against other 

13 parties (other than the Department of De14 fense). 

15 (iv) Legal assistance regarding any 

16 proceeding in connection with the report17 ing, investigation, and prosecution of the 

18 sexual assault. 

19 (v) Legal assistance regarding civilian 

20 and military restraining and protective or21 ders. 

22 (vi) Legal assistance regarding avail23 able military and veteran benefits. 

24 (vii) Legal assistance in personal civil 

25 legal matters in connection with the sexual 


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1 assault in accordance with section 1044 of 

2 title 10, United States Code. 

3 (viii) Such other legal representation, 

4 advice, and assistance as the Secretary of 

5 the military department concerned shall 

6 specify for purposes of the program imple7 mented under this subsection. 

8 (B) NATURE OF RELATIONSHIP.—The re9 lationship between a Special Victims’ Counsel 

10 and a victim shall be the relationship between 

11 an attorney and client. 

12 (C) REPRESENTATION EXCLUDED.—In 

13 providing legal representation, advice, and as14 sistance, a Special Victims’ Counsel may not 

15 provide legal representation or appearance in 

16 any court, or administrative hearing, except 

17 under the following circumstances: 

18 (i) To the extent that a victim has a 

19 right to be heard, in accordance with the 

20 Manual for Courts Martial, in proceedings 

21 under the Uniform Code of Military Jus22 tice, the Special Victims’ Counsel may pro23 vide that representation and appear on be24 half of the victim, unless excluded by the 


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1 Secretary of Defense in accordance with 

2 clause (ii). 

3 (ii) The Secretary of Defense may de4 termine to explicitly exclude Special Vic5 tims’ Counsel from appearing at a hearing 

6 at which a victim has a right to be heard, 

7 but, if Special Victims’ Counsel are to be 

8 excluded from certain hearings, the Sec9 retary of Defense shall submit a report to 

10 Congress at the time of implementation of 

11 this Act explaining why the appearance of 

12 Special Victim’s Counsel at the hearings 

13 would adversely affect the constitutional 

14 rights of the accused. 

15 (iii) To the extent such representation 

16 and appearance is allowed under regula17 tions promulgated by the Secretary of the 

18 military department concerned regarding 

19 the provision of legal assistance in accord20 ance with section 1044 of title 10, United 

21 States Code. 

22 (4) REVISION OF MANUAL FOR COURTS-MAR23 TIAL ON APPEARANCES BY SPECIAL VICTIM’S COUN24 SEL.—Not later than 180 days after the date of the 

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1 tial shall be revised to provide that military victims 

2 of crime, in proceedings under the Uniform Code of 

3 Military Justice, to the extent victims have a right 

4 to be heard, they have a right to be heard through 

5 counsel, if represented and if counsel is reasonably 

6 available, unless counsel are excluded by the Sec7 retary of Defense in accordance with clause (ii). 

8 (b) ASSISTANCE AND REPORTING.— 

9 (1) ASSISTANCE.—Section 1565b of title 10, 

10 United States Code, is amended— 

11 (A) by redesignating subsection (b) as sub12 section (c); and 

13 (B) by inserting after subsection (a) the 

14 following new subsection (b): 

15 ‘‘(b) AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL

16 FOR VICTIMS OF SEXUAL ASSAULT COMMITTED BY MEM17 BERS OF THE ARMED FORCES.—(1) A member of the 

18 armed forces, or a dependent of a member, who is the 

19 victim of a sexual assault described in paragraph (2) may 

20 be provided assistance by a Special Victims’ Counsel. 

21 ‘‘(2) A sexual assault described in this paragraph is 

22 any offense if alleged to have been committed by a member 

23 of the armed forces as follows: 


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1 ‘‘(A) Any offense covered by section 920 of this 

2 title (article 120 of the Uniform Code of Military 

3 Justice). 

4 ‘‘(B) An attempt to commit an offense specified 

5 in subparagraph (A) or (B) as punishable under sec6 tion 880 of this title (article 80 of the Uniform Code 

7 of Military Justice). 

8 ‘‘(3) A member of the armed forces or dependent who 

9 is the victim of sexual assault described in paragraph (2) 

10 shall be informed of the availability of assistance under 

11 paragraph (1) as soon as the member or dependent seeks 

12 assistance from a Sexual Assault Response Coordinator, 

13 a Sexual Assault Victim Advocate, a military criminal in14 vestigator, a victim/witness liaison, a trial counsel, health 

15 care providers, or any other personnel designated by the 

16 Secretary of the military department concerned for pur17 poses of this paragraph. The member or dependent shall 

18 also be informed that the assistance of a Special Victims’ 

19 Counsel under paragraph (1) is optional and may be de20 clined, in whole or in part, at any time. 

21 ‘‘(4) Assistance of a Special Victims’ Counsel under 

22 paragraph (1) shall be available to a member or dependent 

23 regardless of whether the member or dependent elects un24 restricted or restricted (confidential) reporting of the sex25 ual assault.’’. 


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1 (2) REPORTING.—Subsection (c) of such sec2 tion, as redesignated by paragraph (1)(A) of this 

3 subsection, is further amended in paragraph (2)— 

4 (A) by redesignating subparagraph (C) as 

5 subparagraph (D); and 

6 (B) by inserting after subparagraph (B) 

7 the following new subparagraph (C): 

8 ‘‘(C) A Special Victims’ Counsel.’’. 

9 (c) CONFORMING AMENDMENTS TO AUTHORITY ON

10 SARC, SAVA, AND RELATED ASSISTANCE.—Subsection 

11 (a) of such section is amended— 

12 (1) in paragraph (1), by striking ‘‘may’’ and in13 serting ‘‘shall, upon request,’’; and 

14 (2) in paragraph (2)— 

15 (A) by inserting ‘‘a Special Victims’ Coun16 sel,’’ after ‘‘a Sexual Assault Victim Advocate,’’; 

17 and 

18 (B) by striking ‘‘or a trial counsel’’ and in19 serting ‘‘a trial counsel, a health care provider, 

20 or any other person designated by the Secretary 

21 of the military department concerned for pur22 poses of this paragraph’’. 

23 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

24 (1) HEADING AMENDMENT.—The heading of 

25 such section is amended to read as follows: 


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1 ‘‘§ 1565b. Victims of sexual assault: access to legal as2 sistance and services of Sexual Assault 

3 Coordinators, Sexual Assault Victim Ad4 vocates, and Special Victims’ Counsels’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of chapter 80 of such title is 

7 amended by striking the item relating to section 

8 1565b and inserting the following new item: 

‘‘1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, 

and Special Victims’ Counsels.’’. 

9 SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL AS10 SAULT PREVENTION AND RESPONSE OFFICE 

11 FOR DEPARTMENT OF DEFENSE SEXUAL AS12 SAULT PREVENTION AND RESPONSE PRO13 GRAM. 

14 (a) IN GENERAL.—Section 1611(b) of the Ike Skel15 ton National Defense Authorization Act for Fiscal Year 

16 2011 (10 U.S.C. 1561 note) is amended by striking 

17 ‘‘shall—’’ and all the follows and inserting ‘‘shall do the 

18 following: 

19 ‘‘(1) Oversee development and implementation 

20 of the comprehensive policy for the Department of 

21 Defense sexual assault prevention and response pro22 gram, including guidance and assistance for the 

23 military departments in addressing matters relating 

24 to sexual assault prevention and response. 


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1 ‘‘(2) Serve as the single point of authority, ac2 countability, and oversight for the sexual assault 

3 prevention and response program. 

4 ‘‘(3) Undertake responsibility for the oversight 

5 of the implementation of the sexual assault preven6 tion and response program by the Armed Forces. 

7 ‘‘(4) Collect, maintain, and disseminate data of 

8 the military departments on sexual assault in ac9 cordance with section 1615. 

10 ‘‘(5) Provide oversight to ensure that the mili11 tary departments maintain documents relating to 

12 the following: 

13 ‘‘(A) Allegations and complaints of sexual 

14 assault involving members of the Armed Forces. 

15 ‘‘(B) Courts-martial or trials of members 

16 of the Armed Forces for offenses relating to 

17 sexual assault. 

18 ‘‘(6) Act as liaison between the Department of 

19 Defense and other Federal and State agencies on 

20 programs and efforts relating to sexual assault pre21 vention and response. 

22 ‘‘(7) Oversee development of strategic program 

23 guidance and joint planning objectives for resources 

24 in support of the sexual assault prevention and re25 sponse program, and make recommendations on 


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1 modifications to policy, law, and regulations needed 

2 to ensure the continuing availability of such re3 sources. 

4 ‘‘(8) Provide to the Secretary of Veterans Af5 fairs any records or documents on sexual assault in 

6 the Armed Forces, including restricted reports with 

7 the approval of the individuals who filed such re8 ports, that are required by the Secretary of Veterans 

9 Affairs for purposes of the administration of the 

10 laws administered by the Secretary of Veterans Af11 fairs.’’. 

12 (b) COLLECTION AND MAINTENANCE OF DATA.— 

13 Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) 

14 is amended by adding at the end the following new section: 

15 ‘‘SEC. 1615. COLLECTION AND MAINTENANCE OF DATA OF 

16 MILITARY DEPARTMENTS ON SEXUAL AS17 SAULT PREVENTION AND RESPONSE. 

18 ‘‘In carrying out the requirements of section 

19 1611(b)(4), the Director of the Sexual Assault Prevention 

20 and Response Office shall do the following: 

21 ‘‘(1) Collect, in a manner consistent with the 

22 policy and procedures developed pursuant to section 

23 586 of the National Defense Authorization Act for 

24 Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 

25 1561 note), from each military department on a 


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1 quarterly and annual basis data of such military de2 partment on sexual assaults involving members of 

3 the Armed Forces. 

4 ‘‘(2) Maintain data collected from the military 

5 departments under paragraph (1). 

6 ‘‘(3) Assemble from the data collected each cal7 endar-year quarter under this section a quarterly re8 port on the involvement of members of the Armed 

9 Forces in incidents of sexual assault. 

10 ‘‘(4) Develop metrics to measure the effective11 ness of, and compliance with, training and aware12 ness objectives of the military departments on sexual 

13 assault prevention and response. 

14 ‘‘(5) Establish categories of information to be 

15 provided by the military departments in connection 

16 with reports on sexual assault prevention and re17 sponse, including, but not limited to, the annual re18 ports required by section 1631, and ensure that the 

19 submittals of the military departments for purposes 

20 of such reports include data within such cat21 egories.’’. 

22 (c) ELEMENT ON UNIT OF ACCUSED AND VICTIM IN

23 CASE SYNOPSES IN ANNUAL REPORT ON SEXUAL AS24 SAULTS.— 


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1 (1) IN GENERAL.—Section 1631(f) of such Act 

2 (10 U.S.C. 1561 note) is amended— 

3 (A) by redesignating paragraphs (5) and 

4 (6) as paragraphs (6) and (7), respectively; and 

5 (B) by inserting after paragraph (4) the 

6 following new paragraph (5): 

7 ‘‘(5) The case synopsis shall indicate the unit of 

8 each member of the Armed Forces accused of com9 mitting a sexual assault and the unit of each mem10 ber of the Armed Forces who is a victim of sexual 

11 assault.’’. 

12 (2) APPLICATION OF AMENDMENTS.—The 

13 amendments made by paragraph (1) shall apply be14 ginning with the report regarding sexual assaults in15 volving members of the Armed Forces required to be 

16 submitted by March 1, 2014, under section 1631 of 

17 the Ike Skelton National Defense Authorization Act 

18 for Fiscal Year 2011. 

19 SEC. 4. DISPOSITION AND OTHER REQUIREMENTS FOR 

20 SEX-RELATED OFFENSES UNDER THE UNI21 FORM CODE OF MILITARY JUSTICE. 

22 (a) DISPOSITION AND OTHER REQUIREMENTS.— 

23 (1) IN GENERAL.—Subchapter VI of chapter 47 

24 of title 10, United States Code (the Uniform Code 

25 of Military Justice), is amended by inserting after 


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1 section 830 (article 30) the following new section 

2 (article): 

3 ‘‘§ 830a. Art. 30a. Sex-related offenses: disposition and 

4 other requirements 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of this chapter, charges on offenses specified in sub7 section (b) shall be subject to the disposition requirements 

8 in subsection (c) and subject to the other requirements 

9 and limitations set forth in this section. 

10 ‘‘(b) COVERED OFFENSES.—The charges on offenses 

11 specified in this subsection are charges on the offenses as 

12 follows: 

13 ‘‘(1) Any offense covered by section 920 of this 

14 title (article 120). 

15 ‘‘(2) An attempt to commit an offense specified 

16 in paragraph (1) or (2) as punishable under section 

17 880 of this title (article 80). 

18 ‘‘(c) DISPOSITION REQUIREMENTS.—(1) Subject to 

19 paragraph (2), the charges on any offense specified in sub20 section (b) shall be referred to an appropriate authority 

21 for convening general courts-martial under section 822 of 

22 this title (article 22) for disposition. 

23 ‘‘(2) If the appropriate authority to whom charges 

24 described in paragraph (1) would be referred under that 

25 paragraph is a member with direct supervisory authority 


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1 over the member alleged to have committed the offense, 

2 such charges shall be referred for disposition to a superior 

3 authority competent to convene general courts-martial. 

4 ‘‘(d) VICTIM’S RIGHTS.—A victim of an offense speci5 fied in subsection (b) shall have rights as follows: 

6 ‘‘(1) To a Special Victims’ Counsel provided 

7 under section 1565b(b) of this title. 

8 ‘‘(2) To have all communications between the 

9 victim and any Sexual Assault Response Coordi10 nator, Sexual Assault Victim Advocate, or Special 

11 Victims’ Counsel for the victim considered privileged 

12 communications for purposes of the case and any 

13 proceedings relating to the case. 

14 ‘‘(e) AVAILABILITY OF WRIT OF MANDAMUS.—To 

15 seek enforcement of the rights accorded a victim under 

16 subsection (d), the victim may apply for a writ of man17 damus. The right shall first be asserted to the military 

18 judge in any court-martial proceeding in which the ac19 cused is being tried. The military judge shall take up and 

20 decide any motion asserting a victim’s right in this section. 

21 If the military judge denies the relief sought, the victim 

22 may petition the court of criminal appeals for a writ of 

23 mandamus. The Court of Criminal Appeals for an armed 

24 force has jurisdiction to grant relief sought under this 

25 paragraph. If the court of appeals denies the relief sought, 


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1 the reasons for the denial shall be clearly stated on the 

2 record in a written opinion.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of subchapter VI of chapter 

5 47 of such title (the Uniform Code of Military Jus6 tice) is amended by inserting after the item relating 

7 to section 830 (article 30) the following new item: 

‘‘830a. Art. 30a. Sex-related offenses: disposition and other requirements.’’. 

8 (b) REVISION OF MANUAL FOR COURTS-MARTIAL.— 

9 The Joint Service Committee on Military Justice shall 

10 amend the Manual for Courts-Martial to reflect the re11 quirements in section 830a of title 10, United States Code 

12 (article 830a of the Uniform Code of Military Justice), 

13 as added by this section, including, in particular, section 

14 306 of the Manual relating to disposition of charges. 

15 SEC. 5. MODIFICATION OF AUTHORITIES AND RESPON16 SIBILITIES OF CONVENING AUTHORITIES IN 

17 TAKING ACTIONS ON THE FINDINGS AND 

18 SENTENCES OF COURTS-MARTIAL. 

19 (a) IN GENERAL.—Section 860(c) of title 10, United 

20 States Code (article 60(c) of the Uniform Code of Military 

21 Justice), is amended— 

22 (1) in paragraph (2), by adding at the end the 

23 following new sentence: ‘‘In taking such an action 

24 (other than an action to approve a sentence), the 

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1 tion shall prepare a written justification of such ac2 tion, which written justification shall be made a part 

3 of the record of the court-martial.’’; 

4 (2) in paragraph (3), by striking the second 

5 sentence; and 

6 (3) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(4) If a convening authority or other person acts 

9 on the findings of a court-martial, the convening authority 

10 or other person may not, except for a charge or specifica11 tion for a minor offense— 

12 ‘‘(A) dismiss any charge or specification by set13 ting aside a finding of guilty thereto; or 

14 ‘‘(B) change a finding of guilty to a charge or 

15 specification to a finding of guilty to an offense that 

16 is a lesser included offense of the offense stated in 

17 the charge or specification. 

18 ‘‘(5) For purposes of this section (article), whether 

19 an offense is minor depends on the nature of the offense, 

20 the circumstances surrounding its commission, and the 

21 maximum sentence imposable for the offense if tried by 

22 general court-martial. Ordinarily, a minor offense is an 

23 offense for which the maximum sentence imposable would 

24 not include dismissal or a dishonorable discharge or con25 finement for longer than one year. The decision whether 


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1 an offense is minor is a matter of discretion of the con2 vening authority, except that no offense of a sexual nature 

3 may be considered minor.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act, and shall apply with respect to findings and 

7 sentences of courts-martial reported to convening authori8 ties under section 860 of title 10, United States Code (ar9 ticle 60 of the Uniform Code of Military Justice), as so 

10 amended, on or after that date. 

11 SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE CO12 ORDINATORS FOR MEMBERS OF THE NA13 TIONAL GUARD. 

14 (a) AVAILABILITY IN EACH NATIONAL GUARD STATE

15 AND TERRITORY.—Section 584(a) of the National De16 fense Authorization Act for Fiscal Year 2012 (Public Law 

17 112–81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amend18 ed— 

19 (1) by redesignating paragraph (2) as para20 graph (3); and 

21 (2) by inserting after paragraph (1) the fol22 lowing new paragraph (2): 

23 ‘‘(2) AVAILABILITY IN EACH NATIONAL GUARD

24 STATE AND TERRITORY.—The National Guard of 

25 each State and Territory shall ensure that a Sexual 


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1 Assault Response Coordinator is available at all 

2 times to the members of the National Guard of such 

3 State or Territory. The Secretary of the Army and 

4 the Secretary of the Air Force may, in consultation 

5 with the Chief of the National Guard Bureau, assign 

6 additional Sexual Assault Response Coordinators in 

7 a State or Territory as necessary based on the re8 source requirements of National Guard units within 

9 such State or Territory. Any additional Sexual As10 sault Response Coordinator may serve on a full-time 

11 or part-time basis at the discretion of the assigning 

12 Secretary.’’. 

13 (b) AVAILABILITY TO PROVIDE ASSISTANCE FOR

14 MEMBERS OF THE NATIONAL GUARD IN STATE STA15 TUS.—Section 1565b of title 10, United States Code, as 

16 amended by section 2 of this Act, is further amended in 

17 subsection (a)— 

18 (1) by redesignating paragraphs (2) and (3) as 

19 paragraphs (3) and (4), respectively; and 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph (2): 

22 ‘‘(2) In the case of a member of the National Guard 

23 in State status under title 32 who is the victim of a sexual 

24 assault, assistance provided by a Sexual Assault Response 

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1 sponse Coordinator Assistance available in the State or 

2 Territory concerned under paragraph (2) of section 584(a) 

3 of the National Defense Authorization Act for Fiscal Year 

4 2012 (10 U.S.C. 1561 note), but, with the approval of 

5 the Secretary of the Army or the Secretary of the Air 

6 Force, as applicable, may also be provided by Sexual As7 sault Response Coordinator assigned under paragraph (1) 

8 of that section.’’. 

Æ 


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