II 

113TH CONGRESS 

1ST SESSION S. 1032 

To amend title 10, United States Code, to make certain improvements in 

the Uniform Code of Military Justice related to sex-related offenses 

committed by members of the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Mrs. MCCASKILL (for herself, Ms. COLLINS, Mrs. SHAHEEN, Mr. BLUNT, and 

Ms. KLOBUCHAR) introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to make certain 

improvements in the Uniform Code of Military Justice 

related to sex-related offenses 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Better Enforcement for Sexual Assault Free Environ6 ments Act of 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Limitations on convening authority discretion regarding court-martial 

findings and sentence. 

Sec. 3. Participation by complaining witnesses in clemency phase of courts-martial process. 

Sec. 4. Mandatory discharge or dismissal for certain sex-related offenses under 

the Uniform Code of Military Justice and trial of such offenses 

by general courts-martial. 

Sec. 5. Defense counsel interview of complaining witnesses in presence of trial 

counsel or outside counsel. 

Sec. 6. Elimination of five-year statute of limitations on trial by court-martial 

for additional offenses involving sex-related crimes. 

Sec. 7. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active 

duty who is accused of committing a sexual assault or related 

offense. 

Sec. 8. Briefings of commanding officers following unrestricted reports of sexual assault on members of the Armed Forces. 

Sec. 9. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions. 

Sec. 10. Secretary of Defense report on sentencing reform. 

Sec. 11. Secretary of Defense report on role of commanders in military justice 

process. 

1 SEC. 2. LIMITATIONS ON CONVENING AUTHORITY DISCRE2 TION REGARDING COURT-MARTIAL FINDINGS 

3 AND SENTENCE. 

4 (a) ELIMINATION OF UNLIMITED COMMAND PRE5 ROGATIVE AND DISCRETION.—Paragraph (1) of section 

6 860(c) of title 10, United States Code (article 60(c) of 

7 the Uniform Code of Military Justice) is amended by 

8 striking the first sentence. 

9 (b) LIMITATIONS ON DISCRETION REGARDING

10 COURT-MARTIAL FINDINGS.—Paragraph (3) of section 

11 860(c) of title 10, United States Code (article 60(c) of 

12 the Uniform Code of Military Justice) is amended to read 

13 as follows: 


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1 ‘‘(3)(A) Action on the findings of a court-martial by 

2 the convening authority or by another person authorized 

3 to act under this section is not required. 

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

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

6 or other person may not— 

7 ‘‘(i) dismiss any charge or specification, other 

8 than a charge or specification for a qualifying of9 fense, by setting aside a finding of guilty thereto; or 

10 ‘‘(ii) change a finding of guilty to a charge or 

11 specification, other than a charge or specification for 

12 a qualifying offense, to a finding of guilty to an of13 fense that is a lesser included offense of the offense 

14 stated in the charge or specification. 

15 ‘‘(C) If a convening authority or other person acts 

16 on the findings to dismiss or change any charge or speci17 fication for a qualifying offense, the convening authority 

18 or other person shall prepare a written explanation of such 

19 action. Such written explanation shall be immediately pro20 vided and made a part of the record of the court-martial 

21 at the time the action is taken and becomes effective. 

22 ‘‘(D)(i) In this paragraph, the term ‘qualifying of23 fense’ means, except as provided in clause (ii), an offense 

24 under this chapter for which— 


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1 ‘‘(I) the maximum sentence of confinement that 

2 may be adjudged does not exceed two years; and 

3 ‘‘(II) the sentence adjudged does not include 

4 dismissal, a dishonorable or bad-conduct discharge, 

5 or confinement for more than six months. 

6 ‘‘(ii) Such term does not include the following: 

7 ‘‘(I) An offense under section 920 of this title 

8 (article 120). 

9 ‘‘(II) An offense under section 928 of this title 

10 (article 128), if such offense consisted of assault 

11 consummated by battery upon child under 16 years 

12 of age. 

13 ‘‘(III) An offense under section 934 of this title 

14 (article 134), if such offense consisted of indecent 

15 language communicated to child under the age of 16 

16 years. 

17 ‘‘(IV) Such other offenses as the Secretary of 

18 Defense may prescribe by regulation.’’. 

19 (c) LIMITATIONS OF DISCRETION TO MODIFY AN AD20 JUDGED SENTENCE TO LESS THAN MANDATORY MIN21 IMUM SENTENCE.—Section 860(c) of title 10, United 

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

23 Justice) is amended— 

24 (1) in paragraph (2), by striking ‘‘The con25 vening authority’’ and inserting the following: 


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1 ‘‘(B) Except as provided in paragraph (4), the con2 vening authority’’; and 

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

4 paragraph: 

5 ‘‘(4) If a mandatory minimum sentence exists for a 

6 charge, the convening authority or another person author7 ized to act under this section may not modify an adjudged 

8 sentence to reduce the sentence to less than the mandatory 

9 minimum sentence, except that, upon the recommendation 

10 of the trial counsel, the convening authority or other per11 son shall have the authority to impose a sentence below 

12 a level established by statute as a minimum sentence so 

13 as to reflect the substantial assistance by the accused in 

14 the investigation or prosecution of another person who has 

15 committed an offense.’’. 

16 (d) EXPLANATION FOR ANY DECISION DIS17 APPROVING, COMMUTING, OR SUSPENDING COURT-MAR18 TIAL SENTENCE.—Section 860(c)(2) of title 10, United 

19 States Code (article 60(c)(2) of the Uniform Code of Mili20 tary Justice), as amended by subsection (c)(1), is further 

21 amended— 

22 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(C) If the convening authority or other person 

2 makes a decision to disapprove, commute, or suspend the 

3 sentence in whole or in part, the convening authority or 

4 such person shall prepare a detailed written explanation 

5 of such action. Such written explanation shall be imme6 diately provided and made a part of the record of the 

7 court-martial at the time the action is taken and becomes 

8 effective.’’. 

9 (e) CONFORMING AMENDMENT TO OTHER AUTHOR10 ITY FOR CONVENING AUTHORITY TO SUSPEND SEN11 TENCE.—Section 871(d) of such title (article 71(d) of the 

12 Uniform Code of Military Justice) is amended by adding 

13 at the end the following new sentence: ‘‘Paragraphs (2) 

14 and (4) of subsection (c) of section 860 of this title (article 

15 60) shall apply to any decision by the convening authority 

16 or such person to suspend the execution of any sentence 

17 or part thereof under this subsection.’’. 

18 (f) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect 180 days after the date of 

20 the enactment of this Act and shall apply with respect to 

21 findings and sentences of courts-martial reported to con22 vening authorities under section 860 of title 10, United 

23 States Code (article 60 of the Uniform Code of Military 

24 Justice), as amended by this section, on or after that ef25 fective date. 


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1 SEC. 3. PARTICIPATION BY COMPLAINING WITNESSES IN 

2 CLEMENCY PHASE OF COURTS-MARTIAL 

3 PROCESS. 

4 Section 860(b) of title 10, United States Code (article 

5 60(b) of the Uniform Code of Military Justice), is amend6 ed by adding at the end the following new paragraphs: 

7 ‘‘(5)(A) If an accused elects to submit matters for 

8 consideration by the convening authority under this sub9 section, a copy of any portion of such matters that refers 

10 to a complaining witness shall be provided to the com11 plaining witness before the convening authority takes any 

12 action on the findings or sentence under this section. 

13 ‘‘(B)(i) Upon receipt of matters under this para14 graph, a complaining witness shall have 10 days to submit 

15 materials in response to such matters to the convening au16 thority. 

17 ‘‘(ii) If a complaining witness shows that additional 

18 time is required for submission of materials under this 

19 subparagraph, the convening authority or other person 

20 taking action under this section, for good cause, may ex21 tend the applicable period for submission of such materials 

22 for not more than an additional 20 days. 

23 ‘‘(6) In any case in which findings and sentence have 

24 been adjudged for an offense involving a complaining wit25 ness, the complaining witness shall be provided an opporVerDate Mar 15 2010 02:31 May 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1032.IS S1032

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1 tunity to submit matters to the convening authority for 

2 consideration prior to taking action under this section. 

3 ‘‘(7) The convening authority shall not consider 

4 under this section any submitted matters that go to the 

5 character of a complaining witness unless such matters 

6 were presented at the court-martial.’’. 

7 SEC. 4. MANDATORY DISCHARGE OR DISMISSAL FOR CER8 TAIN SEX-RELATED OFFENSES UNDER THE 

9 UNIFORM CODE OF MILITARY JUSTICE AND 

10 TRIAL OF SUCH OFFENSES BY GENERAL 

11 COURTS-MARTIAL. 

12 (a) MANDATORY DISCHARGE OR DISMISSAL RE13 QUIRED.— 

14 (1) IMPOSITION.—Section 856 of title 10, 

15 United States Code (article 56 of the Uniform Code 

16 of Military Justice) is amended— 

17 (A) by inserting ‘‘(a)’’ before ‘‘The punish18 ment’’; and 

19 (B) by adding at the end the following new 

20 subsection: 

21 ‘‘(b)(1) While a person subject to this chapter who 

22 is found guilty of an offense specified in paragraph (2) 

23 shall be punished as a general court-martial may direct, 

24 such punishment must include, at a minimum, dismissal 

25 or dishonorable discharge. 


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1 ‘‘(2) Paragraph (1) applies to the following offenses: 

2 ‘‘(A) An offense in violation of subsection (a) or 

3 (b) of section 920 (article 120(a) or (b)). 

4 ‘‘(B) Forcible sodomy under section 925 of this 

5 title (article 125). 

6 ‘‘(C) An attempt to commit an offense specified 

7 in subparagraph (A) or (B) that is punishable under 

8 section 880 of this title (article 80).’’. 

9 (2) CLERICAL AMENDMENTS.— 

10 (A) SECTION HEADING.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘§ 856. Art. 56. Maximum and minimum limits’’. 

13 (B) TABLE OF SECTIONS.—The table of 

14 sections at the beginning of subchapter VIII of 

15 chapter 47 of such title is amended by striking 

16 the item relating to section 856 and inserting 

17 the following new item: 

‘‘856. Art 56. Maximum and minimum limits.’’. 

18 (b) JURISDICTION LIMITED TO GENERAL COURTS19 MARTIAL.—Section 818 of such title (article 18 of the 

20 Uniform Code of Military Justice) is amended— 

21 (1) by inserting ‘‘(a)’’ before the first sentence; 

22 (2) in the third sentence, by striking ‘‘However, 

23 a general court-martial’’ and inserting the following: 

24 ‘‘(b) A general court-martial’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(c) Consistent with sections 819, 820, and 856(b) 

4 of this title (articles 19, 20, and 56(b)), only general 

5 courts-martial have jurisdiction over an offense specified 

6 in section 856(b)(2) of this title (article 56(b)(2)).’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect 180 days after the date of 

9 the enactment of this Act. 

10 SEC. 5. DEFENSE COUNSEL INTERVIEW OF COMPLAINING 

11 WITNESSES IN PRESENCE OF TRIAL COUNSEL 

12 OR OUTSIDE COUNSEL. 

13 Section 846 of title 10, United States Code (article 

14 46 of the Uniform Code of Military Justice), is amended— 

15 (1) by inserting ‘‘(a) OPPORTUNITY TO OBTAIN

16 WITNESSES AND OTHER EVIDENCE.—’’ before ‘‘The 

17 trial counsel’’; 

18 (2) by striking ‘‘Process issued’’ and inserting 

19 the following: 

20 ‘‘(c) PROCESS.—Process issued’’; and 

21 (3) by inserting after subsection (a), as des22 ignated by paragraph (1), the following new sub23 section (b): 

24 ‘‘(b) INTERVIEW OF COMPLAINING WITNESSES BY

25 DEFENSE COUNSEL.—(1) Upon notice by trial counsel to 


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1 defense counsel of the name and address of the com2 plaining witness or witnesses trial counsel intends to call 

3 to testify in any portion of an investigation under section 

4 832 of this title (article 32) or a court-martial under this 

5 chapter, defense counsel shall make all requests to inter6 view any such complaining witness through trial counsel. 

7 ‘‘(2) If requested by a complaining witness subject 

8 to a request for interview under paragraph (1), any inter9 view of the witness by defense counsel shall take place only 

10 in the presence of trial counsel, counsel for the witness, 

11 or outside counsel.’’. 

12 SEC. 6. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA13 TIONS ON TRIAL BY COURT-MARTIAL FOR AD14 DITIONAL OFFENSES INVOLVING SEX-RE15 LATED CRIMES. 

16 (a) INCLUSION OF ADDITIONAL OFFENSES.—Section 

17 843(a) of title 10, United States Code (article 43(a) of 

18 the Uniform Code of Military Justice) is amended by 

19 striking ‘‘rape, or rape of a child’’ and inserting ‘‘rape 

20 or sexual assault, or rape or sexual assault of a child’’. 

21 (b) CONFORMING AMENDMENT.—Section 

22 843(b)(2)(B)(i) of title 10, United States Code (article 

23 43(b)(2)(B)(i) of the Uniform Code of Military Justice) 

24 is amended by inserting before the period at the end the 


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1 following: ‘‘, unless the offense is covered by subsection 

2 (a)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

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

5 of this Act, and shall apply with respect to an offense cov6 ered by section 920(b) or 920b(b) of title 10, United 

7 States Code (article 120(b) or 120b(b) of the Uniform 

8 Code of Military Justice) that is committed on or after 

9 that date. 

10 SEC. 7. CONSIDERATION OF NEED FOR, AND AUTHORITY 

11 TO PROVIDE FOR, TEMPORARY ADMINISTRA12 TIVE REASSIGNMENT OR REMOVAL OF A 

13 MEMBER ON ACTIVE DUTY WHO IS ACCUSED 

14 OF COMMITTING A SEXUAL ASSAULT OR RE15 LATED OFFENSE. 

16 (a) IN GENERAL.—Chapter 39 of title 10, United 

17 States Code, is amended by inserting after section 673 the 

18 following new section: 

19 ‘‘§ 674. Temporary administrative reassignment or re20 moval of a member on active duty ac21 cused of committing a sexual assault or 

22 related offense 

23 ‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND

24 ACTION.—The Secretary concerned may provide guidance, 

25 within guidelines provided by the Secretary of Defense, for 


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1 commanders regarding their authority to make a timely 

2 determination, and to take action, regarding whether a 

3 member of the armed forces serving on active duty who 

4 is alleged to have committed a sexual assault or other sex5 related offense covered by section 920, 920a, 920b, or 

6 920c of this title (article 120, 120a, 120b, or 120c of the 

7 Uniform Code of Military Justice) should be temporarily 

8 reassigned or removed from a position of authority or as9 signment, not as a punitive measure, but solely for the 

10 purpose of maintaining good order and discipline within 

11 the member’s unit. 

12 ‘‘(b) TIME FOR DETERMINATIONS.—A determination 

13 described in subsection (a) may be made at any time after 

14 receipt of notification of an unrestricted report of a sexual 

15 assault or other sex-related offense that identifies the 

16 member as an alleged perpetrator.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by inserting 

19 after the item relating to section 673 the following new 

20 item: 

‘‘674. Temporary administrative reassignment or removal of a member on active 

duty accused of committing a sexual assault or related offense.’’. 

21 (c) ADDITIONAL TRAINING REQUIREMENT FOR COM22 MANDERS.—The Secretary of Defense shall provide for in23 clusion of information and discussion regarding the avail24 ability and use of the authority provided by section 674 


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1 of title 10, United States Code, as added by subsection 

2 (a), as part of the training for new and prospective com3 manders at all levels of command required by section 

4 585(b) of the National Defense Authorization Act for Fis5 cal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 

6 SEC. 8. BRIEFINGS OF COMMANDING OFFICERS FOL7 LOWING UNRESTRICTED REPORTS OF SEX8 UAL ASSAULT ON MEMBERS OF THE ARMED 

9 FORCES. 

10 (a) BRIEFINGS REQUIRED.—Not later than eight 

11 days after a member of the Armed Forces files an unre12 stricted report on a sexual assault of such member, the 

13 commanding officer of the member filing such report shall 

14 provide a briefing on such incident to the following: 

15 (1) The first colonel, or captain in the case of 

16 the Navy, in the chain of command of such member. 

17 (2) The first general or flag officer in the chain 

18 of command of such member. 

19 (b) ELEMENTS.— 

20 (1) IN GENERAL.—A briefing on an incident 

21 under subsection (a) shall include the following: 

22 (A) Information on the victim (other than 

23 the name of the victim). 

24 (B) Information on the alleged offender 

25 (other than the name of the alleged offender). 


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1 (C) The details of the incident. 

2 (D) Any actions taken in connection with 

3 the incident, including the following: 

4 (i) Referral of the victim to any serv5 ices available for members of the Armed 

6 Forces who are victims of sexual assault, 

7 including the date of each such referral. 

8 (ii) Any investigation of the incident, 

9 including the date of any significant action 

10 in connection any such investigation. 

11 (2) MODIFICATION.—The Secretary of Defense 

12 may modify the elements required in a briefing 

13 under this section if the Secretary determines that 

14 such modification will facilitate compliance of brief15 ings under this section with best practices for such 

16 briefing as identified by the Sexual Assault Preven17 tion and Response Office of the Department of De18 fense. 

19 (c) PREPARATION.—The collection and assembly of 

20 any information required for a briefing under this section 

21 shall be conducted by a Sexual Assault Response Coordi22 nator. Information required for a briefing may not be col23 lected or assembled through an investigation or interview 

24 of the victim by any commanding officer of the victim. 


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1 (d) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations to carry out this section. 

3 SEC. 9. VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED 

4 OFFENSES COMMITTED BY MEMBERS OF THE 

5 ARMED FORCES AND RELATED PROVISIONS. 

6 (a) DESIGNATION AND DUTIES.— 

7 (1) IN GENERAL.—Chapter 53 of title 10, 

8 United States Code, is amended by inserting after 

9 section 1044d the following new section: 

10 ‘‘§ 1044e. Victims’ Counsel for victims of sex-related 

11 offenses committed by members of the 

12 armed forces 

13 ‘‘(a) DESIGNATION; PURPOSES.—Under regulations 

14 prescribed by the Secretary of Defense, the Secretary con15 cerned shall designate legal counsel (to be known as ‘Vic16 tims’ Counsel’) for the purpose of providing legal assist17 ance to any member of the armed forces, any dependent 

18 of a member, or any other individual eligible for military 

19 legal assistance under section 1044 of this title, who is 

20 the victim of a sex-related offense, regardless of whether 

21 the allegation is restricted or unrestricted. 

22 ‘‘(b) TYPES OF LEGAL ASSISTANCE.—The types of 

23 legal assistance contemplated by this subsection may in24 clude the following: 


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1 ‘‘(1) Legal consultation regarding potential 

2 criminal liability of the victim stemming from or in 

3 relation to the circumstances surrounding the al4 leged sex-related offense and the victim’s right to 

5 seek military defense services. 

6 ‘‘(2) Legal consultation regarding the Victim 

7 Witness Assistance Program (VWAP), including— 

8 ‘‘(A) the rights and benefits afforded the 

9 victim; 

10 ‘‘(B) the role of the Victim/Witness Advo11 cate or Liaison and what privileges do or do not 

12 exist between the victim and the Advocate or 

13 Liaison; and 

14 ‘‘(C) the nature of communication made to 

15 the Victim/Witness Advocate or Liaison as op16 posed to communication made to the Legal As17 sistance Attorney. 

18 ‘‘(3) Legal consultation regarding the potential 

19 for civil litigation against other parties (other than 

20 the Department of Defense). 

21 ‘‘(4) Legal consultation regarding any pro22 ceedings of the military justice process that the vic23 tim may observe. 

24 ‘‘(5) Legal consultation regarding the military 

25 justice system, including— 


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1 ‘‘(A) the roles and responsibilities of the 

2 trial counsel, the defense counsel, and investiga3 tors; 

4 ‘‘(B) any proceedings of the military jus5 tice process in which the victim may observe or 

6 participate as a witness or other party; 

7 ‘‘(C) the Government’s authority to compel 

8 cooperation and testimony; and 

9 ‘‘(D) the victim’s responsibility to testify, 

10 and other duties to the court. 

11 ‘‘(6) Accompanying the victim at any pro12 ceedings in connection with the reporting, military 

13 investigation, and military prosecution of the alleged 

14 sex-related offense. 

15 ‘‘(7) Legal consultation regarding— 

16 ‘‘(A) services available from appropriate 

17 agencies or offices for emotional and mental 

18 health counseling and other medical services; 

19 ‘‘(B) eligibility for and requirements for 

20 obtaining any available military and veteran 

21 benefits, such as transitional compensation ben22 efits found in section 1059 of this title and 

23 other State and Federal victims’ compensation 

24 programs; and 


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1 ‘‘(C) the availability of, and any protec2 tions offered by, civilian and military restrain3 ing orders. 

4 ‘‘(8) Legal consultation and assistance in per5 sonal civil legal matters in accordance with section 

6 1044 of this title. 

7 ‘‘(9) Such other legal assistance as the Sec8 retary concerned may specify under this subsection. 

9 ‘‘(c) QUALIFICATIONS.—An individual may not be 

10 designated as a Victims’ Counsel under this section unless 

11 the individual is— 

12 ‘‘(1) a judge advocate or a civilian attorney 

13 serving as a legal assistance attorney who is a grad14 uate of an accredited law school and is a member of 

15 the bar of a Federal court or of the highest court 

16 of a State; and 

17 ‘‘(2) is certified as competent to be designated 

18 as a Victims’ Counsel by the Judge Advocate Gen19 eral of the Armed Force of which the individual is 

20 a member. 

21 ‘‘(d) ADMINISTRATIVE RESPONSIBILITY.—Under 

22 such regulations as may be prescribed by the Secretary 

23 concerned, the Judge Advocate General (as defined in sec24 tion 801(1) of this title) under the jurisdiction of the Sec25 retary, and within the Marine Corps the Staff Judge AdVerDate Mar 15 2010 02:31 May 30, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1032.IS S1032

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1 vocate to the Commandant of the Marine Corps, is respon2 sible for the establishment and supervision of individuals 

3 designated as Victims’ Counsel. 

4 ‘‘(e) SEX-RELATED OFFENSE DEFINED.—In this 

5 subsection, a ‘sex-related offense’ includes— 

6 ‘‘(1) any offense covered by section 920, 920a, 

7 920b, 920c, or 925 (article 120, 120a, 120b, 120c, 

8 or 125 of the Uniform Code of Military Justice); or 

9 ‘‘(2) an attempt to commit an offense specified 

10 in a paragraph (1) as punishable under section 880 

11 of this title (article 80 of the Uniform Code of Mili12 tary Justice). 

13 ‘‘(f) AVAILABILITY OF VICTIMS’ COUNSEL.—A mem14 ber of the armed forces, or a dependent of a member, or 

15 any other individual eligible for military legal assistance 

16 under section 1044 of this title, who is the victim of an 

17 alleged sex-related offense shall be provided assistance by 

18 a Victims’ Counsel upon report of an allegation of a sex19 related offense or at the time the victim seeks assistance 

20 from a Sexual Assault Response Coordinator, a Sexual As21 sault Victim Advocate, a military criminal investigator, a 

22 victim/witness liaison, a trial counsel, a healthcare pro23 vider, or any other personnel designated by the Secretary 

24 concerned for purposes of this subsection. The assistance 

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1 able to a member or a dependent regardless of whether 

2 the member or dependent elects unrestricted or restricted 

3 reporting of the sex-related offense. The member or de4 pendent shall also be informed that the assistance of the 

5 Victims’ Counsel is an option and may be declined, in 

6 whole or in part, at any time.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended 

9 by inserting after the item relating to section 1044d 

10 the following new item: 

‘‘1044e. Victims’ Counsel for victims of sexual assault-related offenses committed by members of the armed forces.’’. 

11 (3) CONFORMING AMENDMENT.—Section 

12 1044(d)(2)(B) of this title is amended by striking 

13 ‘‘and 1044d’’ and inserting ‘‘1044d, and 1044e’’. 

14 (b) ENHANCED TRAINING REQUIREMENT.—The Sec15 retary of each military department, and the Secretary of 

16 Homeland Security with respect to the Coast Guard when 

17 it is not operating as a service in the Department of the 

18 Navy, shall implement, within the guidelines provided by 

19 the Secretary of Defense, in-depth and advanced training 

20 for all military and civilian attorneys assigned under sec21 tion 1044 or 1044e of title 10, United States Code, to 

22 provide legal assistance to victims of sex-related offenses. 

23 (c) SECRETARY OF DEFENSE REPORTING REQUIRE24 MENT.— 


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1 (1) REPORT REQUIRED.—Not later than 90 

2 days after the date of the enactment of this Act, the 

3 Secretary of Defense, in coordination with the Sec4 retary of Homeland Security with respect to the 

5 Coast Guard, shall submit to the Committees on 

6 Armed Services of the Senate and the House of Rep7 resentatives a report outlining how the Armed 

8 Forces have implemented the requirements of sec9 tion 1044e of title 10, United States Code, as added 

10 by subsection (a). 

11 (2) ADDITIONAL SUBMISSION REQUIREMENT.— 

12 The report required by paragraph (1) shall also be 

13 submitted to the Independent Review Panels estab14 lished by section 576 of the National Defense Au15 thorization Act for Fiscal Year 2013 (Public Law 

16 112–239; 126 Stat. 1758), and the Joint Services 

17 Committee on Military Justice. 

18 (d) ADDITIONAL DUTIES FOR INDEPENDENT RE19 VIEW PANEL.—The Independent Review Panel established 

20 by section 576(a)(1) of the National Defense Authoriza21 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

22 Stat. 1758) shall include as part of its duties the fol23 lowing: 

24 (1) An assessment of the roles, responsibilities, 

25 and authorities of the Victims’ Counsel to provide 


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1 legal assistance to victims of sex-related offenses 

2 under section 1044e of title 10, United States Code, 

3 as added by subsection (a). 

4 (2) An assessment of whether the roles, respon5 sibilities, and authorities of the Victims’ Counsel to 

6 provide legal assistance to victims of sex-related of7 fenses under such section should be expanded to in8 clude legal standing to represent the alleged victim 

9 during investigative and military justice proceedings 

10 in connection with the prosecution of a sex-related 

11 offense. 

12 SEC. 10. SECRETARY OF DEFENSE REPORT ON SEN13 TENCING REFORM. 

14 (a) REPORTS REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall submit to the Committees on Armed Serv17 ices of the Senate and the House of Representatives a re18 port on sentencing guidelines and mandatory minimum 

19 sentencing provisions under the Uniform Code of Military 

20 Justice. 

21 (b) CONTENTS OF REPORT.—The report required by 

22 subsection (a) shall include the following: 

23 (1) An assessment of the effects of mandatory 

24 minimum sentencing provisions under the Uniform 

25 Code of Military Justice on the goal of eliminating 


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1 unwarranted sentencing disparity and other goals of 

2 sentencing. 

3 (2) An assessment of the penalties imposed by 

4 the current mandatory minimum sentences in rela5 tion to the offenses for which imposed under the 

6 Uniform Code of Military Justice. 

7 (3) A description of the interaction between 

8 mandatory minimum sentencing provisions under the 

9 Uniform Code of Military Justice and plea agree10 ments. 

11 (4) An assessment of the appropriateness of 

12 statutorily mandated minimum sentencing provisions 

13 for additional serious offenses under the Uniform 

14 Code of Military Justice. 

15 (5) An assessment of the advisory sentencing 

16 guidelines used in civilian courts and whether it 

17 would be advisable to promulgate sentencing guide18 lines for use in courts-martial. 

19 (6) Any other information that the Secretary of 

20 Defense determines would contribute to a thorough 

21 assessment of sentencing guidelines and mandatory 

22 minimum sentencing provisions under the Uniform 

23 Code of Military Law. 


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1 SEC. 11. SECRETARY OF DEFENSE REPORT ON ROLE OF 

2 COMMANDERS IN MILITARY JUSTICE PROC3 ESS. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to the Committees on Armed Services of the Senate and 

7 the House of Representatives a report containing an as8 sessment of the current role of commanders in the admin9 istration of military justice and the investigation, prosecu10 tion, and adjudication of offenses under the Uniform Code 

11 of Military Justice. Specifically, the Secretary of Defense 

12 shall assess the post-trial authority of a commander under 

13 section 860 of title 10, United States Code (article 60 of 

14 the Uniform Code of Military Justice), as amended by sec15 tion 2, and include in the report a recommendation re16 garding whether this authority should be further modified 

17 or repealed. 

Æ 


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