II 

Calendar No. 253 

113TH CONGRESS 

1ST SESSION S. 1775 

To improve the sexual assault prevention and response programs and activities 

of the Department of Defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2013 

Mrs. MCCASKILL (for herself, Ms. AYOTTE, and Mrs. FISCHER) introduced 

the following bill; which was read the first time 

DECEMBER 9, 2013 

Read the second time and placed on the calendar 

A BILL 

To improve the sexual assault prevention and response programs and activities of the Department of Defense, 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 ‘‘Victims Protection Act of 2013’’. 

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

7 this Act is as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1775 PCS

Sec. 1. Short title; table of contents. 

TITLE I—SEXUAL ASSAULT PREVENTION AND RESPONSE 

Sec. 101. Prohibition on service in the Armed Forces by individuals who have 

been convicted of certain sexual offenses. 

Sec. 102. Temporary administrative reassignment or removal of a member of 

the Armed Forces on active duty who is accused of committing 

a sexual assault or related offense. 

Sec. 103. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit 

transfer by victim of sexual assault. 

Sec. 104. Inclusion and command review of information on sexual-related offenses in personnel service records of members of the Armed 

Forces. 

Sec. 105. Enhanced responsibilities of Sexual Assault Prevention and Response 

Office for Department of Defense sexual assault prevention 

and response program. 

Sec. 106. Comprehensive review of adequacy of training for members of the 

Armed Forces on sexual assault prevention and response. 

Sec. 107. Availability of Sexual Assault Response Coordinators for members of 

the National Guard and the Reserves. 

Sec. 108. Retention of certain forms in connection with Restricted Reports and 

Unrestricted Reports on sexual assault involving members of 

the Armed Forces. 

Sec. 109. Special Victims’ Counsel for victims of sexual assault committed by 

members of the Armed Forces. 

Sec. 110. Sense of Congress on commanding officer responsibility for command 

climate free of retaliation. 

Sec. 111. Commanding officer action on reports on sexual offenses involving 

members of the Armed Forces. 

Sec. 112. Department of Defense Inspector General investigation of allegations 

of retaliatory personnel actions taken in response to making 

protected communications regarding sexual assault. 

Sec. 113. Advancement of submittal deadline for report of independent panel on 

assessment of military response systems to sexual assault. 

Sec. 114. Assessment of clemency in the military justice system and of database of alleged offenders of sexual assault as additional duties 

of independent panel on review and assessment of systems to 

respond to sexual assault cases. 

Sec. 115. Assessment of provisions and proposed provisions of law on sexual assault prevention and response as additional duties of independent panels for review and assessment of Uniform Code of 

Military Justice and judicial proceedings of sexual assault 

cases. 

Sec. 116. Assessment of compensation and restitution of victims of offenses 

under the Uniform Code of Military Justice as additional duty 

of independent panel on review and assessment of judicial proceedings of sexual assault cases. 

Sec. 117. Additional enhancements of military department actions on sexual assault prevention and response. 

Sec. 118. Applicability of sexual assault prevention and response and related 

military justice enhancements to military service academies. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1775 PCS

Sec. 119. Collaboration between the Department of Defense and the Department of Justice in efforts to prevent and respond to sexual assault. 

Sec. 120. Sense of Senate on independent panel on review and assessment on 

response systems to sexual assault crimes. 

TITLE II—RELATED MILITARY JUSTICE MATTERS 

Sec. 201. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. 

Sec. 202. Review of decisions not to refer charges of certain sexual offenses to 

trial by court-martial. 

Sec. 203. Defense counsel interview of complaining witnesses in presence of 

trial counsel or outside counsel. 

Sec. 204. 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. 205. Limitation on authority of convening authority to modify findings of 

a court-martial. 

Sec. 206. Participation by complaining witnesses in clemency phase of courtsmartial process. 

Sec. 207. Secretary of Defense report on modifications to the Uniform Code of 

Military Justice to prohibit sexual acts and contacts between 

military instructors and trainees. 

Sec. 208. Sense of Senate on disposition of charges involving certain sexual 

misconduct offenses under the Uniform Code of Military Justice through courts-martial. 

Sec. 209. Sense of Senate on the discharge in lieu of court-martial of members 

of the Armed Forces who commit sexual-related offenses. 

TITLE III—OTHER MILITARY JUSTICE AND LEGAL MATTERS 

Sec. 301. Prohibition of retaliation against members of the Armed Forces for 

reporting a criminal offense. 

Sec. 302. Extension of crime victims’ rights to victims of offenses under the 

Uniform Code of Military Justice. 

Sec. 303. Modification of Manual for Courts-Martial to eliminate factor relating 

to character and military service of the accused in rule on initial disposition of offenses. 

Sec. 304. Preliminary hearings on alleged offenses under the Uniform Code of 

Military Justice. 

1 TITLE I—SEXUAL ASSAULT 

2 PREVENTION AND RESPONSE 

3 SEC. 101. PROHIBITION ON SERVICE IN THE ARMED 

4 FORCES BY INDIVIDUALS WHO HAVE BEEN 

5 CONVICTED OF CERTAIN SEXUAL OFFENSES. 

6 (a) PROHIBITION.— 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1775 PCS

1 (1) IN GENERAL.—Chapter 37 of title 10, 

2 United States Code, is amended adding at the end 

3 the following new section: 

4 ‘‘§ 657. Prohibition on service in the armed forces by 

5 individuals convicted of certain sexual of6 fenses 

7 ‘‘(a) PROHIBITION ON COMMISSIONING OR ENLIST8 MENT.—A person who has been convicted of an offense 

9 specified in subsection (b) under Federal or State law may 

10 not be processed for commissioning or permitted to enlist 

11 in the armed forces. 

12 ‘‘(b) COVERED OFFENSES.—An offense specified in 

13 this subsection is any felony offense as follows: 

14 ‘‘(1) Rape or sexual assault. 

15 ‘‘(2) Forcible sodomy. 

16 ‘‘(3) Incest. 

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

18 in paragraph (1) through (3), as punishable under 

19 applicable Federal or State law.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 37 of such title is 

22 amended by adding at the end the following new 

23 item: 

‘‘657. Prohibition on service in the armed forces by individuals convicted of certain sexual offenses.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1775 PCS

1 (b) REPEAL OF SUPERSEDED PROHIBITION.—Sec2 tion 523 of the National Defense Authorization Act for 

3 Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1723; 

4 10 U.S.C. 504 note) is repealed. 

5 SEC. 102. TEMPORARY ADMINISTRATIVE REASSIGNMENT 

6 OR REMOVAL OF A MEMBER OF THE ARMED 

7 FORCES ON ACTIVE DUTY WHO IS ACCUSED 

8 OF COMMITTING A SEXUAL ASSAULT OR RE9 LATED OFFENSE. 

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

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

12 following new section: 

13 ‘‘§ 674. Temporary administrative reassignment or re14 moval of a member on active duty ac15 cused of committing a sexual assault or 

16 related offense 

17 ‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND

18 ACTION.—The Secretary concerned may provide guidance, 

19 within guidelines provided by the Secretary of Defense, for 

20 commanders regarding their authority to make a timely 

21 determination, and to take action, regarding whether a 

22 member of the armed forces serving on active duty who 

23 is alleged to have committed an offense under section 920, 

24 920a, 920b, 920c, or 925 of this title (article 120, 120a, 

25 120b, 120c, or 125 of the Uniform Code of Military JusVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1775 PCS

1 tice) or an attempt to commit such an offense as punish2 able under section 880 of this title (article 80 of the Uni3 form Code of Military Justice) should be temporarily reas4 signed or removed from a position of authority or from 

5 an assignment, not as a punitive measure, but solely for 

6 the purpose of maintaining good order and discipline with7 in the member’s unit. 

8 ‘‘(b) TIME FOR DETERMINATION.—A determination 

9 described in subsection (a) may be made at any time afer 

10 receipt of notification of an unrestricted report of a sexual 

11 assault or other sex-related offense that identifies the 

12 member as an alleged perpetrator.’’. 

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

14 at the beginning of chapter 39 of such title is amended 

15 by inserting after the item relating to section 673 the fol16 lowing new item: 

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

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

17 (c) ADDITIONAL TRAINING REQUIREMENT FOR COM18 MANDERS.—The Secretary of Defense shall provide for in19 clusion of information and discussion regarding the avail20 ability and use of the authority described by section 674 

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

22 (a), as part of the training for new and prospective com23 manders at all levels of command required by section 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 1775 PCS

1 585(b) of the National Defense Authorization Act for Fis2 cal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 

3 SEC. 103. ISSUANCE OF REGULATIONS APPLICABLE TO THE 

4 COAST GUARD REGARDING CONSIDERATION 

5 OF REQUEST FOR PERMANENT CHANGE OF 

6 STATION OR UNIT TRANSFER BY VICTIM OF 

7 SEXUAL ASSAULT. 

8 Section 673(b) of title 10, United States Code, is 

9 amended by striking ‘‘The Secretaries of the military de10 partments’’ and inserting ‘‘The Secretary concerned’’. 

11 SEC. 104. INCLUSION AND COMMAND REVIEW OF INFORMA12 TION ON SEXUAL-RELATED OFFENSES IN 

13 PERSONNEL SERVICE RECORDS OF MEM14 BERS OF THE ARMED FORCES. 

15 (a) INFORMATION ON SUBSTANTIATED REPORTS ON

16 SEXUAL-RELATED OFFENSES.— 

17 (1) IN GENERAL.—If a complaint of a sexual18 related offense is made against a member of the 

19 Armed Forces and the complaint is substantiated 

20 and the member is convicted by court-martial or re21 ceives non-judicial punishment or administrative ac22 tion for such sexual-related offense, a notation to 

23 that effect shall be placed in the personnel service 

24 record of the member, regardless of the member’s 

25 grade. 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 1775 PCS

1 (2) PURPOSE.—The purpose of the inclusion of 

2 information in personnel service records under para3 graph (1) is to alert commanders to the members of 

4 their command who have received courts-martial 

5 conviction, non-judicial punishment, or administra6 tive action for sexual-related offenses in order to re7 duce the likelihood that repeat offenses will escape 

8 the notice of commanders. 

9 (b) LIMITATION ON PLACEMENT.—A notation under 

10 subsection (a) may not be placed in the restricted section 

11 of the personnel service record of a member. 

12 (c) CONSTRUCTION.—Nothing in subsection (a) or 

13 (b) may be construed to prohibit or limit the capacity of 

14 a member of the Armed Forces to challenge or appeal the 

15 placement of a notation, or location of placement of a no16 tation, in the member’s personnel service record in accord17 ance with procedures otherwise applicable to such chal18 lenges or appeals. 

19 (d) SUBSTANTIATED COMPLAINTS.—For purposes of 

20 implementing this section, the Secretary of Defense shall 

21 use the definition of substantiated developed for purposes 

22 of the annual report on sexual assaults involving members 

23 of the Armed Forces prepared under section 1631 of the 

24 Ike Skelton National Defense Authorization Act for Fiscal 

25 Year 2011 (10 U.S.C. 1561 note). 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 1775 PCS

1 (e) COMMAND REVIEW OF HISTORY OF SEXUAL-RE2 LATED OFFENSES OF MEMBERS UPON ASSIGNMENT OR

3 TRANSFER TO NEW UNIT.— 

4 (1) REVIEW REQUIRED.—Under uniform regu5 lations prescribed by the Secretary of Defense, the 

6 commanding officer of a facility, installation, or unit 

7 to which a member of the Armed Forces described 

8 in paragraph (2) is permanently assigned or trans9 ferred shall review the history of substantiated sex10 ual offenses of the member in order to familiarize 

11 such officer with such history of the member. 

12 (2) COVERED MEMBERS.—A member of the 

13 Armed Forces described in this paragraph is a mem14 ber of the Armed Forces who, at the time of assign15 ment or transfer as described in paragraph (1), has 

16 a history of one or more substantiated sexual of17 fenses as documented in the personnel service record 

18 of such member or such other records or files as the 

19 Secretary shall specify in the regulations prescribed 

20 under paragraph (1). 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 1775 PCS

1 SEC. 105. ENHANCED RESPONSIBILITIES OF SEXUAL AS2 SAULT PREVENTION AND RESPONSE OFFICE 

3 FOR DEPARTMENT OF DEFENSE SEXUAL AS4 SAULT PREVENTION AND RESPONSE PRO5 GRAM. 

6 (a) IN GENERAL.—Section 1611(b) of the Ike Skel7 ton National Defense Authorization Act for Fiscal Year 

8 2011 (10 U.S.C. 1561 note) is amended by striking 

9 ‘‘shall—’’ and all that follows and inserting ‘‘shall do the 

10 following: 

11 ‘‘(1) Oversee development and implementation 

12 of the comprehensive policy for the Department of 

13 Defense sexual assault prevention and response pro14 gram, including guidance and assistance for the 

15 military departments in addressing matters relating 

16 to sexual assault prevention and response. 

17 ‘‘(2) Serve as the single point of authority, ac18 countability, and oversight for the sexual assault 

19 prevention and response program. 

20 ‘‘(3) Undertake responsibility for the oversight 

21 of the implementation of the sexual assault preven22 tion and response program by the Armed Forces. 

23 ‘‘(4) Collect and maintain data of the military 

24 departments on sexual assault in accordance with 

25 section 1615. 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 1775 PCS

1 ‘‘(5) Provide oversight to ensure that the mili2 tary departments maintain documents relating to 

3 the following: 

4 ‘‘(A) Allegations and complaints of sexual 

5 assault involving members of the Armed Forces. 

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

7 of the Armed Forces for offenses relating to 

8 sexual assault. 

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

10 Defense and other Federal and State agencies on 

11 programs and efforts relating to sexual assault pre12 vention and response. 

13 ‘‘(7) Oversee development of strategic program 

14 guidance and joint planning objectives for resources 

15 in support of the sexual assault prevention and re16 sponse program, and make recommendations on 

17 modifications to policy, law, and regulations needed 

18 to ensure the continuing availability of such re19 sources. 

20 ‘‘(8) Provide to the Secretary of Veterans Af21 fairs any records or documents on sexual assault in 

22 the Armed Forces, including restricted reports with 

23 the approval of the individuals who filed such re24 ports, that are required by the Secretary for purVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 1775 PCS

1 poses of the administration of the laws administered 

2 by the Secretary.’’. 

3 (b) COLLECTION AND MAINTENANCE OF DATA.— 

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

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

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

7 MILITARY DEPARTMENTS ON SEXUAL AS8 SAULT PREVENTION AND RESPONSE. 

9 ‘‘In carrying out the requirements of section 

10 1611(b)(4), the Director of the Sexual Assault Prevention 

11 and Response Office shall do the following: 

12 ‘‘(1) Collect from each military department on 

13 a quarterly and annual basis data of such military 

14 department on sexual assaults involving members of 

15 the Armed Forces in a manner consistent with the 

16 policy and procedures developed pursuant to section 

17 586 of the National Defense Authorization Act for 

18 Fiscal Year 2012 (10 U.S.C. 1561 note) that pro19 tect the privacy of individuals named in records and 

20 the status of records. 

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

22 departments under paragraph (1). 

23 ‘‘(3) Assemble from the data collected and 

24 maintained under this section quarterly and annual 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 1775 PCS

1 reports on the involvement of members of the Armed 

2 Forces in incidents of sexual assault. 

3 ‘‘(4) Develop metrics to measure the effective4 ness of, and compliance with, training and aware5 ness objectives of the military departments on sexual 

6 assault prevention and response. 

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

8 provided by the military departments in connection 

9 with reports on sexual assault prevention and re10 sponse, including, but not limited to, the annual re11 ports required by section 1631, and ensure that the 

12 submittals of the military departments for purposes 

13 of such reports include data within such cat14 egories.’’. 

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

16 CASE SYNOPSES IN ANNUAL REPORT ON SEXUAL AS17 SAULTS.— 

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

19 (10 U.S.C. 1561 note) is amended— 

20 (A) by redesignating paragraphs (5) and 

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

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

23 following new paragraph (5): 

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

25 each member of the Armed Forces accused of comVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 1775 PCS

1 mitting a sexual assault and the unit of each mem2 ber of the Armed Forces who is a victim of sexual 

3 assault.’’. 

4 (2) APPLICATION OF AMENDMENTS.—The 

5 amendments made by paragraph (1) shall apply be6 ginning with the report regarding sexual assaults in7 volving members of the Armed Forces required to be 

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

9 the Ike Skelton National Defense Authorization Act 

10 for Fiscal Year 2011. 

11 SEC. 106. COMPREHENSIVE REVIEW OF ADEQUACY OF 

12 TRAINING FOR MEMBERS OF THE ARMED 

13 FORCES ON SEXUAL ASSAULT PREVENTION 

14 AND RESPONSE. 

15 (a) COMPREHENSIVE REVIEW REQUIRED.— 

16 (1) IN GENERAL.—The Secretary of Defense 

17 shall carry out a review of the adequacy of the train18 ing provided members of the Armed Forces on sex19 ual assault prevention and response. 

20 (2) RESPONSIVE ACTION.—Upon completion of 

21 the review under paragraph (1), the Secretary shall 

22 prescribe in regulations such modifications of the 

23 training provided members of the Armed Forces on 

24 sexual assault prevention and response as the Sec25 retary considers appropriate to address any inadVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 1775 PCS

1 equacies in such training identified during the re2 view. 

3 (b) REVIEW OF PERSONNEL RESPONSIBLE FOR SEX4 UAL ASSAULT PREVENTION AND RESPONSE ACTIVI5 TIES.— 

6 (1) REVIEW OF PERSONNEL.—The Secretary 

7 shall carry out a review of the adequacy of the train8 ing, qualifications, and experience of each member of 

9 the Armed Forces and civilian employee of the De10 partment of Defense who is assigned to a position 

11 that includes responsibility for sexual assault preven12 tion and response within the Armed Forces for the 

13 discharge of such responsibility. 

14 (2) ASSESSMENT OF CERTAIN ELEMENTS OF

15 PREVENTION AND RESPONSE PROGRAM.—In car16 rying out the review under paragraph (1), the Sec17 retary shall also conduct an assessment of the ade18 quacy of the training and certifications required for 

19 certain such personnel by section 584 of the Na20 tional Defense Authorization Act for Fiscal Year 

21 2012 (Public Law 112–81; 125 Stat. 1433; 10 

22 U.S.C. 1561 note). 

23 (3) RESPONSIVE PERSONNEL ACTIONS.—If as a 

24 result of the review under paragraph (1) the Sec25 retary determines that any member or civilian emVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 1775 PCS

1 ployee described in that paragraph does not have the 

2 training, qualifications, or experience required to 

3 discharge the responsibility referred to in that para4 graph, the Secretary shall take appropriate respon5 sive actions, including— 

6 (A) re-training or re-certification of such 

7 member or civilian employee; or 

8 (B) reassigning such member or civilian 

9 employee to duties other than sexual assault 

10 prevention and response and replacing such 

11 member or civilian with a member or civilian 

12 employee qualified to discharge such responsi13 bility. 

14 (4) RESPONSIVE ACTIONS REGARDING PROGRAM

15 ELEMENTS.—Upon completion of the review under 

16 paragraph (1), the Secretary shall prescribe in regu17 lations the following: 

18 (A) Appropriate minimum levels of train19 ing, qualifications, and experience for members 

20 of the Armed Forces and civilian personnel of 

21 the Department for the discharge of responsibil22 ities for sexual assault prevention and response 

23 within the Armed Forces. 

24 (B) Such requirements for improvements 

25 in the training provided to members and civilian 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•S 1775 PCS

1 employees referred to in subparagraph (A) as 

2 the Secretary considers appropriate, including 

3 improvements to the training and certifications 

4 referred to in paragraph (2), in order to ensure 

5 that such members and civilian employees are 

6 properly trained and certified to discharge re7 sponsibilities for sexual assault prevention and 

8 response within the Armed Forces. 

9 (C) Such requirements for improvements 

10 in the processes used to select and assign per11 sonnel to sexual assault prevention and re12 sponse billets as the Secretary considers appro13 priate to ensure that the highest caliber can14 didates are selected and assigned to such bil15 lets. 

16 (5) REPORT REQUIRED.—Not later than 120 

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

18 Secretary shall submit to the Committees on Armed 

19 Services of the Senate and the House of Representa20 tives a report setting forth the following: 

21 (A) The findings and responsive action 

22 taken based on review under paragraph (1). 

23 (B) Recommendations of the Secretary for 

24 such legislative action as the Secretary con25 siders appropriate— 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•S 1775 PCS

1 (i) to improve training provided mem2 bers of the Armed Forces on sexual assault 

3 and prevention; and 

4 (ii) to ensure that sexual assault pre5 vention and response positions are consid6 ered career enhancing assignments. 

7 SEC. 107. AVAILABILITY OF SEXUAL ASSAULT RESPONSE 

8 COORDINATORS FOR MEMBERS OF THE NA9 TIONAL GUARD AND THE RESERVES. 

10 Section 584(a) of the National Defense Authorization 

11 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

12 1433; 10 U.S.C. 1561 note) is amended— 

13 (1) by redesignating paragraph (2) as para14 graph (3); and 

15 (2) by inserting after paragraph (1) the fol16 lowing new paragraph (2): 

17 ‘‘(2) AVAILABILITY FOR MEMBERS OF THE NA18 TIONAL GUARD AND RESERVES.—The Secretary of 

19 the military department concerned shall ensure that 

20 each member of the National Guard or Reserve 

21 who— 

22 ‘‘(A) is the victim of a sexual assault dur23 ing the performance of duties as a member of 

24 the National Guard or Reserve; or 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•S 1775 PCS

1 ‘‘(B) is the victim of a sexual assault com2 mitted by a member of the National Guard or 

3 Reserves, 

4 has access to a Sexual Assault Response Coordinator 

5 not later than two business days following the date 

6 of such member’s request for assistance from a Sex7 ual Assault Response Coordinator.’’. 

8 SEC. 108. RETENTION OF CERTAIN FORMS IN CONNECTION 

9 WITH RESTRICTED REPORTS AND UNRE10 STRICTED REPORTS ON SEXUAL ASSAULT IN11 VOLVING MEMBERS OF THE ARMED FORCES. 

12 (a) REQUIREMENT FOR RETENTION.—Subsection (a) 

13 of section 577 of the National Defense Authorization Act 

14 for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

15 1762; 10 U.S.C. 1561 note) is amended— 

16 (1) by striking ‘‘At the request of a member of 

17 the Armed Forces who files a Restricted Report on 

18 an incident of sexual assault involving the member, 

19 the Secretary of Defense shall’’ and inserting ‘‘The 

20 Secretary of Defense shall’’; and 

21 (2) by striking ‘‘the Restricted Report’’ and in22 serting ‘‘a Restricted Report or Unrestricted Report 

23 on an incident of sexual assault involving a member 

24 of the Armed Forces’’. 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•S 1775 PCS

1 (b) CONFORMING AMENDMENT.—The heading of 

2 such section is amended to read as follows: 

3 ‘‘SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION 

4 WITH RESTRICTED REPORTS AND UNRE5 STRICTED REPORTS ON SEXUAL ASSAULT IN6 VOLVING MEMBERS OF THE ARMED 

7 FORCES.’’. 

8 SEC. 109. SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF 

9 SEXUAL ASSAULT COMMITTED BY MEMBERS 

10 OF THE ARMED FORCES. 

11 (a) SPECIAL VICTIMS’ COUNSEL FOR CERTAIN VIC12 TIMS OF SEXUAL ASSAULT COMMITTED BY MEMBERS OF

13 THE ARMED FORCES.— 

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

15 after the date of the enactment of this Act, the Sec16 retaries of the military departments shall each im17 plement a program on the provision of a Special Vic18 tims’ Counsel to members of the Armed Forces, and 

19 dependents of members, who are victims of a sexual 

20 assault committed by a member of the Armed 

21 Forces. 

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

23 designated as a Special Victims’ Counsel under this 

24 subsection unless the individual is— 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•S 1775 PCS

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

2 an accredited law school or is a member of the 

3 bar of a Federal court or the highest court of 

4 a State; and 

5 (B) certified as competent to be designated 

6 as a Special Victims’ Counsel by the Judge Ad7 vocate General of the Armed Force of which the 

8 individual is a member. 

9 (3) DUTIES.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (C), the duties of a Special Victims’ 

12 Counsel shall include the provision of legal ad13 vice and assistance to a victim described in 

14 paragraph (1) in connection with criminal and 

15 civil legal matters related to the sexual assault 

16 committed against the victim, including the fol17 lowing: 

18 (i) Legal advice and assistance re19 garding any potential criminal liability of 

20 the victim. 

21 (ii) Legal advice and assistance re22 garding the victim’s responsibility to tes23 tify, and other duties to the court. 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•S 1775 PCS

1 (iii) Legal advice regarding the poten2 tial for civil litigation against other parties 

3 (other than the Department of Defense). 

4 (iv) Legal advice regarding any pro5 ceedings of the military justice process 

6 which the victim may observe. 

7 (v) Legal advice and assistance re8 garding any proceeding of the military jus9 tice process in which the victim may par10 ticipate as a witness or other party. 

11 (vi) Legal advice and assistance re12 garding available military or civilian re13 straining or protective orders. 

14 (vii) Legal advice and assistance re15 garding available military and veteran ben16 efits. 

17 (viii) Legal assistance in personal civil 

18 legal matters in connection with the sexual 

19 assault in accordance with section 1044 of 

20 title 10, United States Code. 

21 (ix) Such other legal advice and as22 sistance as the Secretary of the military 

23 department concerned shall specify for 

24 purposes of the program implemented 

25 under this subsection. 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•S 1775 PCS

1 (B) NATURE OF RELATIONSHIP.—The re2 lationship between a Special Victims’ Counsel 

3 and a victim in the provision of legal advice and 

4 assistance shall be the relationship between an 

5 attorney and client. 

6 (b) ASSISTANCE AND REPORTING.— 

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

8 United States Code, is amended— 

9 (A) by redesignating subsection (b) as sub10 section (c); and 

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

12 following new subsection (b): 

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

14 FOR VICTIMS OF SEXUAL ASSAULT COMMITTED BY MEM15 BERS OF THE ARMED FORCES.—(1) A member of the 

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

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

18 be provided assistance by a Special Victims’ Counsel. 

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

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

21 of the armed forces as follows: 

22 ‘‘(A) Rape or sexual assault under section 920 

23 of this title (article 120 of the Uniform Code of Mili24 tary Justice). 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•S 1775 PCS

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

2 in subparagraph (A) as punishable under section 

3 880 of this title (article 80 of the Uniform Code of 

4 Military Justice). 

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

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

7 shall be informed of the availability of assistance under 

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

9 assistance from a Sexual Assault Response Coordinator, 

10 a Sexual Assault Victim Advocate, a military criminal in11 vestigator, a victim/witness liaison, a trial counsel, health 

12 care providers, or any other personnel designated by the 

13 Secretary of the military department concerned for pur14 poses of this paragraph. The member or dependent shall 

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

16 Counsel under paragraph (1) is optional and may be de17 clined, in whole or in part, at any time. 

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

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

20 regardless of whether the member or dependent elects un21 restricted or restricted (confidential) reporting of the sex22 ual assault.’’. 

23 (2) REPORTING.—Subsection (c) of such sec24 tion, as redesignated by paragraph (1)(A) of this 

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


smartinez on DSK6TPTVN1PROD with BILLS
25 

•S 1775 PCS

1 (A) by redesignating subparagraph (C) as 

2 subparagraph (D); and 

3 (B) by inserting after subparagraph (B) 

4 the following new subparagraph (C): 

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

6 (c) CONFORMING AMENDMENTS TO AUTHORITY ON

7 SARC, SAVA, AND RELATED ASSISTANCE.—Subsection 

8 (a) of such section is amended— 

9 (1) in paragraph (1), by striking ‘‘may’’ and in10 serting ‘‘shall, upon request,’’; and 

11 (2) in paragraph (2)— 

12 (A) by inserting ‘‘a Special Victims’ Coun13 sel,’’ after ‘‘a Sexual Assault Victim Advocate,’’; 

14 and 

15 (B) by striking ‘‘or a trial counsel’’ and in16 serting ‘‘a trial counsel, health care providers, 

17 or any other personnel designated by the Sec18 retary of the military department concerned for 

19 purposes of this paragraph’’. 

20 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

21 (1) HEADING AMENDMENT.—The heading of 

22 such section is amended to read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•S 1775 PCS

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. 110. SENSE OF CONGRESS ON COMMANDING OFFICER 

10 RESPONSIBILITY FOR COMMAND CLIMATE 

11 FREE OF RETALIATION. 

12 It is the sense of Congress that— 

13 (1) commanding officers are responsible for es14 tablishing a command climate in which sexual as15 sault allegations are properly managed and fairly 

16 evaluated and a victim can report criminal activity, 

17 including sexual assault, without fear of retaliation, 

18 including ostracism and group pressure from other 

19 members of the command; 

20 (2) the failure of commanding officers to main21 tain such a command climate is an appropriate basis 

22 for relief from their command positions; and 

23 (3) senior officers should evaluate subordinate 

24 commanding officers on their performance in estabVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
27 

•S 1775 PCS

1 lishing a command climate as described in para2 graph (1) during the regular periodic counseling and 

3 performance appraisal process prescribed by the 

4 Armed Force concerned for inclusion in the systems 

5 of records maintained and used for assignment and 

6 promotion selection boards. 

7 SEC. 111. COMMANDING OFFICER ACTION ON REPORTS ON 

8 SEXUAL OFFENSES INVOLVING MEMBERS OF 

9 THE ARMED FORCES. 

10 (a) IMMEDIATE ACTION REQUIRED.—A commanding 

11 officer who receives a report of a sexual-related offense 

12 involving a member of the Armed Forces in the chain of 

13 command of such officer shall act upon the report in ac14 cordance with subsection (b) immediately after receipt of 

15 the report by the commanding officer. 

16 (b) ACTION REQUIRED.—The action required by this 

17 subsection with respect to a report described in subsection 

18 (a) is the referral of the report to the military criminal 

19 investigation organization with responsibility for inves20 tigating that offense of the military department concerned 

21 or such other investigation service of the military depart22 ment concerned as the Secretary of the military depart23 ment concerned may specify for purposes of this section. 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•S 1775 PCS

1 SEC. 112. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 

2 INVESTIGATION OF ALLEGATIONS OF RETAL3 IATORY PERSONNEL ACTIONS TAKEN IN RE4 SPONSE TO MAKING PROTECTED COMMU5 NICATIONS REGARDING SEXUAL ASSAULT. 

6 Section 1034(c)(2)(A) of title 10, United States 

7 Code, is amended by striking ‘‘sexual harassment or’’ and 

8 inserting ‘‘rape, sexual assault, or other sexual misconduct 

9 in violation of sections 920 through 920c of this title (arti10 cles 120 through 120c of the Uniform Code of Military 

11 Justice), sexual harassment, or’’. 

12 SEC. 113. ADVANCEMENT OF SUBMITTAL DEADLINE FOR 

13 REPORT OF INDEPENDENT PANEL ON AS14 SESSMENT OF MILITARY RESPONSE SYSTEMS 

15 TO SEXUAL ASSAULT. 

16 Section 576(c)(1)(B) of the National Defense Au17 thorization Act for Fiscal Year 2013 (Public Law 112– 

18 239; 126 Stat. 1759) is amended by striking ‘‘Eighteen 

19 months’’ and inserting ‘‘Twelve months’’. 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•S 1775 PCS

1 SEC. 114. ASSESSMENT OF CLEMENCY IN THE MILITARY 

2 JUSTICE SYSTEM AND OF DATABASE OF AL3 LEGED OFFENDERS OF SEXUAL ASSAULT AS 

4 ADDITIONAL DUTIES OF INDEPENDENT 

5 PANEL ON REVIEW AND ASSESSMENT OF SYS6 TEMS TO RESPOND TO SEXUAL ASSAULT 

7 CASES. 

8 Paragraph (1) of Section 576(d) of the National De9 fense Authorization Act for Fiscal Year 2013 (Public Law 

10 112–239; 126 Stat. 1760) is amended— 

11 (1) in subparagraph (B), by adding at the end 

12 the following new sentence: ‘‘The comparison shall 

13 also include an assessment of the opportunities for 

14 clemency provided in the military and civilian sys15 tems, the appropriateness of clemency proceedings in 

16 the military system, the manner in which clemency 

17 is used in the military system, and whether clemency 

18 in the military justice system could be reserved until 

19 the end of the military appeals process.’’; 

20 (2) by redesignating subparagraph (I) as sub21 paragraph (J); and 

22 (3) by inserting after subparagraph (H) the fol23 lowing new subparagraph (I): 

24 ‘‘(I) An assessment of the means by which 

25 the name, if known, and other necessary identi26 fying information of an alleged offender that is 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•S 1775 PCS

1 collected as part of a restricted report of a sex2 ual assault could be compiled into a protected, 

3 searchable database accessible only to military 

4 criminal investigators, Sexual Assault Response 

5 Coordinators, or other appropriate personnel 

6 only for the purposes of identifying individuals 

7 who are subjects of multiple accusations of sex8 ual assault and encouraging victims to make an 

9 unrestricted report of sexual assault in those 

10 cases in order to facilitate increased prosecu11 tions, particularly of serial offenders. The as12 sessment should include an evaluation of the 

13 appropriate content to be included in the data14 base, as well as the best means to maintain the 

15 privacy of those making a restricted report.’’. 

16 SEC. 115. ASSESSMENT OF PROVISIONS AND PROPOSED 

17 PROVISIONS OF LAW ON SEXUAL ASSAULT 

18 PREVENTION AND RESPONSE AS ADDITIONAL 

19 DUTIES OF INDEPENDENT PANELS FOR RE20 VIEW AND ASSESSMENT OF UNIFORM CODE 

21 OF MILITARY JUSTICE AND JUDICIAL PRO22 CEEDINGS OF SEXUAL ASSAULT CASES. 

23 (a) ASSESSMENT AS ADDITIONAL DUTIES OF PANEL

24 ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.— 

25 Paragraph (1) of section 576(d) of the National Defense 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•S 1775 PCS

1 Authorization Act for Fiscal Year 2013 (Public Law 112– 

2 239; 126 Stat. 1760), as amended by section 114 of this 

3 Act, is further amended— 

4 (1) by redesignating subparagraph (J) as sub5 paragraph (L); and 

6 (2) by inserting after subparagraph (I) the fol7 lowing new subparagraphs: 

8 ‘‘(J) An assessment of the effectiveness of 

9 the provisions of law on sexual assault preven10 tion and response in the Victims Protection Act 

11 of 2013, including the provisions establishing or 

12 amending requirements and authorities relating 

13 to sexual assault prevention and response. 

14 ‘‘(K) An assessment of the potential effec15 tiveness of the provisions of law on sexual as16 sault prevention and response offered by Sen17 ators who are members of the Committee on 

18 Armed of the Senate in the markup by the 

19 Committee of the Bill to enact the National De20 fense Authorization Act for Fiscal Year 2014, 

21 and not adopted by the Committee during that 

22 markup for that Bill, including the provisions 

23 seeking to establish or amend requirements and 

24 authorities relating to sexual assault prevention 

25 and response.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•S 1775 PCS

1 (b) ASSESSMENT AS ADDITIONAL DUTIES OF PANEL

2 ON JUDICIAL PROCEEDINGS.—Paragraph (2) of such sec3 tion is amended— 

4 (1) by redesignating subparagraph (J) as sub5 paragraph (L); and 

6 (2) by inserting after subparagraph (I) the fol7 lowing new subparagraphs: 

8 ‘‘(J) Monitor and assess the implementa9 tion of the provisions of law on judicial pro10 ceedings in connection with sexual assault in 

11 the Victims Protection Act of 2013, including 

12 provisions amending chapter 47 of title 10, 

13 United States Code (the Uniform Code of Mili14 tary Justice), and provisions establishing or 

15 amending other requirements and authorities 

16 relating to such judicial proceedings. 

17 ‘‘(K) Assess the potential effectiveness of 

18 the provisions of law on judicial proceedings on 

19 sexual assault offered by Senators who are 

20 members of the Committee on Armed of the 

21 Senate in the markup by the Committee of the 

22 Bill to enact the National Defense Authoriza23 tion Act for Fiscal Year 2014, and not adopted 

24 by the Committee during that markup for that 

25 Bill, including provisions seeking to amend 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•S 1775 PCS

1 chapter 47 of title 10, United States Code (the 

2 Uniform Code of Military Justice), and provi3 sions seeking to establish or amend other re4 quirements and authorities relating to such ju5 dicial proceedings.’’. 

6 (c) TRANSMITTAL OF PROVISIONS OFFERED BUT

7 NOT ADOPTED.—The Chairman and Ranking Member of 

8 the Committee on Armed Services of the Senate shall 

9 jointly transmit to the independent panels established pur10 suant to paragraphs (1) and (2) of section 576(a) of the 

11 National Defense Authorization Act for Fiscal Year 2013 

12 (126 Stat. 1758) the applicable provisions of law offered 

13 by Senators who are members of the Committee on Armed 

14 of the Senate in the markup by the Committee of the Bill 

15 to enact the National Defense Authorization Act for Fiscal 

16 Year 2014, and not adopted by the Committee during that 

17 markup for that Bill, for purposes of the discharge by 

18 such panels of the additional duties arising under the 

19 amendments made by subsections (a) and (b). 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•S 1775 PCS

1 SEC. 116. ASSESSMENT OF COMPENSATION AND RESTITU2 TION OF VICTIMS OF OFFENSES UNDER THE 

3 UNIFORM CODE OF MILITARY JUSTICE AS 

4 ADDITIONAL DUTY OF INDEPENDENT PANEL 

5 ON REVIEW AND ASSESSMENT OF JUDICIAL 

6 PROCEEDINGS OF SEXUAL ASSAULT CASES. 

7 Paragraph (2) of section 576(d) of the National De8 fense Authorization Act for Fiscal Year 2013 (Public Law 

9 112–239; 126 Stat. 1761), as amended by section 115(b) 

10 of this Act, is further amended— 

11 (1) by redesignating subparagraph (L) as sub12 paragraph (M); and 

13 (2) by inserting after subparagraph (K) the fol14 lowing new subparagraph (L): 

15 ‘‘(L) Assess the adequacy of the provision 

16 of compensation and restitution for victims of 

17 offenses under chapter 47, of title 10, United 

18 States Code (the Uniform Code of Military Jus19 tice), and develop recommendations on expand20 ing such compensation and restitution, includ21 ing consideration of the options as follows: 

22 ‘‘(i) Providing the forfeited wages of 

23 incarcerated members of the Armed Forces 

24 to victims of offenses as compensation. 

25 ‘‘(ii) Including bodily harm among the 

26 injuries meriting compensation for redress 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•S 1775 PCS

1 under section 939 of title 10, United 

2 States Code (article 139 of the Uniform 

3 Code of Military Justice). 

4 ‘‘(iii) Requiring restitution by mem5 bers of the Armed Forces to victims of 

6 their offenses upon the direction of a 

7 court-martial.’’. 

8 SEC. 117. ADDITIONAL ENHANCEMENTS OF MILITARY DE9 PARTMENT ACTIONS ON SEXUAL ASSAULT 

10 PREVENTION AND RESPONSE. 

11 (a) ADDITIONAL DUTY OF SPECIAL VICTIMS’ COUN12 SEL.—In addition to the duties specified in section 

13 109(a)(3), a Special Victims’ Counsel designated under 

14 section 539 shall provide advice to victims of sexual as15 sault on the advantages and disadvantages of prosecution 

16 of the offense concerned by court-martial or by a civilian 

17 court with jurisdiction over the offense before such victims 

18 express their preference as to the prosecution of the of19 fense under subsection (b). 

20 (b) CONSULTATION WITH VICTIMS REGARDING

21 PREFERENCE IN PROSECUTION OF CERTAIN SEXUAL OF22 FENSES.— 

23 (1) IN GENERAL.—The Secretaries of the mili24 tary departments shall each establish a process to 

25 ensure consultation with the victim of a covered sexVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
36 

•S 1775 PCS

1 ual offense that occurs in the United States with re2 spect to the victim’s preference as to whether the of3 fense should be prosecuted by court-martial or by a 

4 civilian court with jurisdiction over the offense. 

5 (2) WEIGHT AFFORDED PREFERENCE.—The 

6 preference expressed by a victim under paragraph 

7 (1) with respect to the prosecution of an offense, 

8 while not binding, should be afforded great weight in 

9 the determination whether to prosecute the offense 

10 by court-martial or by a civilian court. 

11 (3) NOTICE TO VICTIM OF LACK OF CIVILIAN

12 CRIMINAL PROSECUTION AFTER PREFERENCE FOR

13 SUCH PROSECUTION.—In the event a victim ex14 presses a preference under paragraph (1) in favor of 

15 prosecution of an offence by civilian court and the 

16 civilian authorities determine to decline prosecution, 

17 or defer to prosecution by court-martial, the victim 

18 shall be promptly notified of that determination. 

19 (c) PERFORMANCE APPRAISALS OF MEMBERS OF

20 THE ARMED FORCES.— 

21 (1) APPRAISALS OF ALL MEMBERS ON COMPLI22 ANCE WITH SEXUAL ASSAULT PREVENTION AND RE23 SPONSE PROGRAMS.—The Secretaries of the military 

24 departments shall each ensure that the written per25 formance appraisals of members of the Armed 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•S 1775 PCS

1 Forces (whether officers or enlisted members) under 

2 the jurisdiction of such Secretary include an assess3 ment of the extent to which each such member sup4 ports the sexual assault prevention and response 

5 program of the Armed Force concerned. 

6 (2) PERFORMANCE APPRAISALS OF COM7 MANDING OFFICERS.—The Secretaries of the mili8 tary departments shall each ensure that the per9 formance appraisals of commanding officers under 

10 the jurisdiction of such Secretary indicate the extent 

11 to which each such commanding officer has or has 

12 not established a command climate in which— 

13 (A) allegations of sexual assault are prop14 erly managed and fairly evaluated; and 

15 (B) a victim can report criminal activity, 

16 including sexual assault, without fear of retalia17 tion, including ostracism and group pressure 

18 from other members of the command. 

19 (d) COMMAND CLIMATE ASSESSMENTS FOLLOWING

20 INCIDENTS OF CERTAIN SEXUAL OFFENSES.— 

21 (1) ASSESSMENTS REQUIRED.—The Secretaries 

22 of the military departments shall each establish a 

23 process whereby a command climate assessment is 

24 performed following an incident involving a covered 

25 sexual offense for each of the command of the acVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
38 

•S 1775 PCS

1 cused and the command of the victim. If the accused 

2 and the victim are within the same command, only 

3 a single climate assessment is required. The process 

4 shall ensure the timely completion of command cli5 mate assessments for provision to military criminal 

6 investigation organizations and commanders pursu7 ant to paragraph (2). 

8 (2) PROVISION TO MILITARY CRIMINAL INVES9 TIGATION ORGANIZATIONS AND COMMANDERS.—A 

10 command climate assessment performed pursuant to 

11 paragraph (1) shall be provided to the following: 

12 (A) The military criminal investigation or13 ganization conducting the investigation of the 

14 offense concerned. 

15 (B) The commander next higher in the 

16 chain of command of the command covered by 

17 the climate assessment. 

18 (e) CONFIDENTIAL REVIEW OF CHARACTERIZATION

19 OF TERMS OF DISCHARGE OF VICTIMS OF SEXUAL OF20 FENSES.— 

21 (1) IN GENERAL.—The Secretaries of the mili22 tary departments shall each establish a confidential 

23 process, through boards for the correction of mili24 tary records of the military department concerned, 

25 by which an individual who was the victim of a covVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
39 

•S 1775 PCS

1 ered sexual offense during service in the Armed 

2 Forces may challenge, on the basis of being the vic3 tim of such an offense, the terms or characterization 

4 of the individual’s discharge or separation from the 

5 Armed Forces. 

6 (2) CONSIDERATION OF INDIVIDUAL EXPERI7 ENCES IN CONNECTION WITH OFFENSES.—In decid8 ing whether to modify the terms or characterization 

9 of an individual’s discharge or separation pursuant 

10 to the process required by paragraph (1), the Sec11 retary of the military department concerned shall in12 struct boards to give due consideration to the psy13 chological and physical aspects of the individual’s ex14 perience in connection with the offense concerned, 

15 and to what bearing such experience may have had 

16 on the circumstances surrounding the individual’s 

17 discharge or separation from the Armed Forces. 

18 (3) PRESERVATION OF CONFIDENTIALITY.— 

19 Documents considered and decisions rendered pursu20 ant to the process required by paragraph (1) shall 

21 not be made available to the public, except with the 

22 consent of the individual concerned. 

23 (f) COVERED SEXUAL OFFENSE DEFINED.—In sub24 sections (a) through (e), the term ‘‘covered sexual offense’’ 

25 means any of the following: 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•S 1775 PCS

1 (1) Rape or sexual assault under subsection (a) 

2 or (b) of section 920 of title 10, United States Code 

3 (article 120 of the Uniform Code of Military Jus4 tice). 

5 (2) Forcible sodomy under section 925 of title 

6 10, United States Code (article 125 of the Uniform 

7 Code of Military Justice). 

8 (3) An attempt to commit an offense specified 

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

10 880 of title 10, United States Code (article 80 of the 

11 Uniform Code of Military Justice). 

12 (g) MODIFICATION OF MILITARY RULES OF EVI13 DENCE RELATING TO ADMISSIBILITY OF GENERAL MILI14 TARY CHARACTER TOWARD PROBABILITY OF INNO15 CENCE.—Not later than 180 days after the date of the 

16 enactment of this Act, Rule 404(a) of the Military Rules 

17 of Evidence shall be modified to clarify that the general 

18 military character of an accused is not admissible for the 

19 purpose of showing the probability of innocence of the ac20 cused, except that evidence of a trait of the military char21 acter of an accused may be offered in evidence by the ac22 cused when that trait is relevant to an element of an of23 fense for which the accused has been charged. 


smartinez on DSK6TPTVN1PROD with BILLS
41 

•S 1775 PCS

1 SEC. 118. APPLICABILITY OF SEXUAL ASSAULT PREVEN2 TION AND RESPONSE AND RELATED MILI3 TARY JUSTICE ENHANCEMENTS TO MILITARY 

4 SERVICE ACADEMIES. 

5 (a) MILITARY SERVICE ACADEMIES.—The Secretary 

6 of the military department concerned shall ensure that the 

7 provisions of this title, and the amendments made by this 

8 title, apply to the United States Military Academy, the 

9 Naval Academy, and the Air Force Academy, as applica10 ble. 

11 (b) COAST GUARD ACADEMY.—The Secretary of 

12 Homeland Security shall ensure that the provisions of this 

13 Act, and the amendments made by this Act, apply to the 

14 Coast Guard Academy. 

15 SEC. 119. COLLABORATION BETWEEN THE DEPARTMENT 

16 OF DEFENSE AND THE DEPARTMENT OF JUS17 TICE IN EFFORTS TO PREVENT AND RE18 SPOND TO SEXUAL ASSAULT. 

19 (a) STRATEGIC FRAMEWORK ON COLLABORATION

20 REQUIRED.—Not later than 270 days after the date of 

21 the enactment of this Act, the Secretary of Defense and 

22 the Attorney General shall jointly develop a strategic 

23 framework for ongoing collaboration between the Depart24 ment of Defense and the Department of Justice in their 

25 efforts to prevent and respond to sexual assault. The 

26 framework shall be based on and include the following: 


smartinez on DSK6TPTVN1PROD with BILLS
42 

•S 1775 PCS

1 (1) An assessment of the role of the Depart2 ment of Justice in investigations and prosecutions of 

3 sexual assault cases in which the Department of De4 fense and the Department of Justice have concur5 rent jurisdiction, with the assessment to include a 

6 review of and list of recommended revisions to rel7 evant Memoranda of Understanding and related doc8 uments between the Department of Justice and the 

9 Department of Defense. 

10 (2) An assessment of the feasibility of estab11 lishing the position of advisor on military sexual as12 saults within the Department of Justice (using exist13 ing Department resources and personnel) to assist in 

14 the activities required under paragraph (1)and pro15 vide to the Department of Defense investigative and 

16 other assistance in sexual assault cases occurring on 

17 domestic and overseas military installations over 

18 which the Department of Defense has primary juris19 diction, with the assessment to address the feasi20 bility of maintaining representatives or designees of 

21 the advisor at military installations for the purpose 

22 of reviewing cases of sexual assault and providing 

23 assistance with the investigation and prosecution of 

24 sexual assaults. 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•S 1775 PCS

1 (3) An assessment of the number of unsolved 

2 sexual assault cases that have occurred on military 

3 installations, and a plan, with appropriate bench4 marks, to review those cases using currently avail5 able civilian and military law enforcement resources, 

6 such as new technology and forensics information. 

7 (4) A strategy to leverage efforts by the De8 partment of Defense and the Department of Jus9 tice— 

10 (A) to improve the quality of investiga11 tions, prosecutions, specialized training, services 

12 to victims, awareness, and prevention regarding 

13 sexual assault; and 

14 (B) to address social conditions that relate 

15 to sexual assault. 

16 (5) Mechanisms to promote information sharing 

17 and best practices between the Department of De18 fense and the Department of Justice on prevention 

19 and response to sexual assault, including victim as20 sistance through the Violence against Women Act 

21 and Office for Victims of Crime programs of the De22 partment of Justice. 

23 (b) REPORT.—The Secretary of Defense and the At24 torney General shall jointly submit to the appropriate 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•S 1775 PCS

1 committees of Congress a report on the framework re2 quired by subsection (a). The report shall— 

3 (1) describe the manner in which the Depart4 ment of Defense and Department of Justice will col5 laborate on an ongoing basis under the framework; 

6 (2) explain obstacles to implementing the 

7 framework; and 

8 (3) identify changes in laws necessary to 

9 achieve the purpose of this section. 

10 (c) APPROPRIATE COMMITTEES OF CONGRESS DE11 FINED.—In this section, the term ‘‘appropriate commit12 tees of Congress’’ means— 

13 (1) the Committee on Armed Services and the 

14 Committee on the Judiciary of the Senate; and 

15 (2) the Committee on Armed Services and the 

16 Committee on the Judiciary of the House of Rep17 resentatives. 

18 SEC. 120. SENSE OF SENATE ON INDEPENDENT PANEL ON 

19 REVIEW AND ASSESSMENT ON RESPONSE 

20 SYSTEMS TO SEXUAL ASSAULT CRIMES. 

21 It is the sense of the Senate that— 

22 (1) the panel to review and assess the systems 

23 used to respond to sexual assault established by sec24 tion 576 of the National Defense Authorization Act 

25 for Fiscal Year 2013 (Public Law 112–239; 126 


smartinez on DSK6TPTVN1PROD with BILLS
45 

•S 1775 PCS

1 Stat. 1758) is conducting an independent assess2 ment of the systems used to investigate, prosecute, 

3 and adjudicate crimes involving adult sexual assault 

4 and related offenses; 

5 (2) the work of the panel will be critical in in6 forming the efforts of Congress to combat rape, sex7 ual assault, and other sex-related crimes in the 

8 Armed Forces; 

9 (3) the panel should include in its assessment 

10 under subsection (d)(1) of section 576 of the Na11 tional Defense Authorization Act for Fiscal Year 

12 2013 a review of the reforms that will be enacted 

13 pursuant to this title and the amendments made by 

14 this title; and 

15 (4) the views of the victim advocate community 

16 should continue to be well-represented on the panel, 

17 and input from victims should continue to play a 

18 central role in informing the work of the panel. 


smartinez on DSK6TPTVN1PROD with BILLS
46 

•S 1775 PCS

1 TITLE II—RELATED MILITARY 

2 JUSTICE MATTERS 

3 SEC. 201. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA4 TIONS ON TRIAL BY COURT-MARTIAL FOR AD5 DITIONAL OFFENSES INVOLVING SEX-RE6 LATED CRIMES. 

7 (a) IN GENERAL.—Subsection (a) of section 843 of 

8 title 10, United States Code (article 43 of the Uniform 

9 Code of Military Justice), is amended by striking ‘‘rape, 

10 or rape of a child’’ and inserting ‘‘rape or sexual assault, 

11 or rape or sexual assault of a child’’. 

12 (b) CONFORMING AMENDMENT.—Subsection 

13 (b)(2)(B)(i) of such section (article) is amended by insert14 ing before the period at the end the following: ‘‘, unless 

15 the offense is covered by subsection (a)’’. 

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

17 this section shall apply with respect to offenses committed 

18 on or after the date of the enactment of this Act. 

19 SEC. 202. REVIEW OF DECISIONS NOT TO REFER CHARGES 

20 OF CERTAIN SEXUAL OFFENSES TO TRIAL BY 

21 COURT-MARTIAL. 

22 (a) IN GENERAL.—The Secretary of Defense shall re23 quire the Secretaries of the military departments to pro24 vide for review of decisions not to refer charges to trial 


smartinez on DSK6TPTVN1PROD with BILLS
47 

•S 1775 PCS

1 by court-martial in cases where a specified sexual offense 

2 has been alleged by a victim of the alleged offense. 

3 (b) SPECIFIED SEXUAL OFFENSES.—For purposes of 

4 this section, a specified sexual offense is any of the fol5 lowing: 

6 (1) Rape or sexual assault under subsection (a) 

7 or (b) of section 920 of title 10, United States Code 

8 (article 120 of the Uniform Code of Military Jus9 tice). 

10 (2) Forcible sodomy under section 925 of title 

11 10, United States Code (article 125 of the Uniform 

12 Code of Military Justice). 

13 (3) An attempt to commit an offense specified 

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

15 880 of title 10, United States Code (article 80 of the 

16 Uniform Code of Military Justice). 

17 (c) REVIEW OF CASES NOT REFERRED TO COURT18 MARTIAL FOLLOWING STAFF JUDGE ADVOCATE OR SEN19 IOR TRIAL COUNSEL RECOMMENDATION OF REFERRAL

20 FOR TRIAL.—In any case where a staff judge advocate, 

21 pursuant to section 834 of title 10, United States Code 

22 (article 34 of the Uniform Code of Military Justice), or 

23 the senior trial counsel detailed to the case recommends 

24 that charges of a specified sexual offense be referred to 

25 trial by court-martial and the convening authority decides 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•S 1775 PCS

1 not to refer the charges to a court-martial, the convening 

2 authority shall forward the case file to the Secretary of 

3 the military department concerned for review as a superior 

4 authorized to exercise general court-martial convening au5 thority. 

6 (d) REVIEW OF CASES NOT REFERRED TO COURT7 MARTIAL FOLLOWING STAFF JUDGE ADVOCATE OR SEN8 IOR TRIAL COUNSEL RECOMMENDATION NOT TO REFER

9 FOR TRIAL.—In any case where a staff judge advocate, 

10 pursuant to section 834 of title 10, United States Code 

11 (article 34 of the Uniform Code of Military Justice), or 

12 the senior trial counsel detailed to the case recommends 

13 that charges of a specified sexual offense should not be 

14 referred to trial by court-martial and the convening au15 thority decides not to refer the charges to a court-martial, 

16 the convening authority shall forward the case file for re17 view by a superior commander authorized to exercise gen18 eral court-martial convening authority. 

19 (e) ELEMENTS OF CASE FILE.—A case file forwarded 

20 to higher authority pursuant to subsection (c) or (d) shall 

21 include the following: 

22 (1) All charges and specifications preferred 

23 under section 830 of title 10, United States Code 

24 (article 30 of the Uniform Code of Military Justice). 


smartinez on DSK6TPTVN1PROD with BILLS
49 

•S 1775 PCS

1 (2) All reports of investigations of such charges, 

2 including the military criminal investigative organi3 zation investigation report and the investigating offi4 cer’s report under section 832 of title 10, United 

5 States Code (article 32 of the Uniform Code of Mili6 tary Justice). 

7 (3) The written advice of the staff judge advo8 cate to the convening authority pursuant to section 

9 834 of title 10, United States Code (article 34 of the 

10 Uniform Code of Military Justice), together with a 

11 certification by the staff judge advocate as to wheth12 er the facts as reported by the victim of the alleged 

13 offense or complaining witness, if true, would or 

14 would not constitute a specified sexual offense. 

15 (4) A written statement explaining the reasons 

16 for the convening authority’s decision not to refer 

17 the charges to trial by court-martial. 

18 (5) A certification that the victim of the alleged 

19 offense or complaining witness was informed of the 

20 convening authority’s decision to forward the case as 

21 provided in subsection (c) or (d). 

22 (f) NOTICE ON RESULTS OR REVIEW.—The victim of 

23 the alleged offense shall be notified of the results of the 

24 review conducted under subsection (c) or (d) in the manVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
50 

•S 1775 PCS

1 ner prescribed by the victims and witness assistance pro2 gram of the Armed Force concerned. 

3 (g) ALLEGATION OF SPECIFIED SEXUAL OF4 FENSE.—The Secretary of Defense shall require the Sec5 retaries of the military departments to develop a system 

6 to ensure that a victim of an alleged offense has an oppor7 tunity to specify that the offense alleged is a specified sex8 ual offense either at the time of making an unrestricted 

9 report of the allegation or during the criminal investiga10 tion of the allegation. 

11 SEC. 203. DEFENSE COUNSEL INTERVIEW OF COMPLAINING 

12 WITNESSES IN PRESENCE OF TRIAL COUNSEL 

13 OR OUTSIDE COUNSEL. 

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

15 46 of the Uniform Code of Military Justice), is amended— 

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

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

18 trial counsel’’; 

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

20 the following: 

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

22 (3) by inserting after subsection (a), as des23 ignated by paragraph (1), the following new sub24 section (b): 


smartinez on DSK6TPTVN1PROD with BILLS
51 

•S 1775 PCS

1 ‘‘(b) INTERVIEW OF COMPLAINING WITNESSES BY

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

3 defense counsel of the name and address of the com4 plaining witness or witnesses trial counsel intends to call 

5 to testify in any portion of an investigation under section 

6 832 of this title (article 32) or a court-martial under this 

7 chapter, defense counsel shall make all requests to inter8 view any such complaining witness through trial counsel. 

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

10 to a request for interview under paragraph (1), any inter11 view of the witness by defense counsel shall take place only 

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

13 or outside counsel.’’. 

14 SEC. 204. MANDATORY DISCHARGE OR DISMISSAL FOR 

15 CERTAIN SEX-RELATED OFFENSES UNDER 

16 THE UNIFORM CODE OF MILITARY JUSTICE 

17 AND TRIAL OF SUCH OFFENSES BY GENERAL 

18 COURTS-MARTIAL. 

19 (a) MANDATORY DISCHARGE OR DISMISSAL RE20 QUIRED.— 

21 (1) IN GENERAL.—Section 856 of title 10, 

22 United States Code (article 56 of the Uniform Code 

23 of Military Justice), is amended— 

24 (A) by inserting ‘‘(a)’’ before ‘‘The punish25 ment’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
52 

•S 1775 PCS

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

2 subsection: 

3 ‘‘(b) While a person subject to this chapter who is 

4 found guilty of an offense under section 920, 920b, or 925 

5 of this title (article 120, 120b, or 125) or an attempt to 

6 commit such an offense as punishable under section 880 

7 of this title (article 80) shall be punished as a general 

8 court-martial may direct, such punishment must include, 

9 at a minimum, dismissal or dishonorable discharge.’’. 

10 (2) CLERICAL AMENDMENTS.— 

11 (A) SECTION HEADING.—The heading of 

12 such section is amended to read as follows: 

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

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

15 sections at the beginning of subchapter VIII of 

16 chapter 47 of such title is amended by striking 

17 the item relating to section 856 and inserting 

18 the following new item: 

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

19 (b) JURISDICTION LIMITED TO GENERAL COURTS20 MARTIAL.—Section 818 of such title (article 18 of the 

21 Uniform Code of Military Justice) is amended— 

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

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

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

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


smartinez on DSK6TPTVN1PROD with BILLS
53 

•S 1775 PCS

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

3 ‘‘(c) Consistent with section 810, 820, and 856(b) of 

4 this title (articles 19, 20, and 56(b)), only general courts5 martial have jurisdiction over an offense specified in sec6 tion 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. 205. LIMITATION ON AUTHORITY OF CONVENING AU11 THORITY TO MODIFY FINDINGS OF A COURT12 MARTIAL. 

13 (a) LIMITATION OF AUTHORITY TO OFFENSES THAT

14 WOULD NOT NORMALLY WARRANT TRIAL BY COURT15 MARTIAL.—Subsection (c) of section 860 of title 10, 

16 United States Code (article 60 of the Uniform Code of 

17 Military Justice), is amended— 

18 (1) in paragraph (3)— 

19 (A) by inserting ‘‘may be taken’’ after 

20 ‘‘findings of a court-martial’’; 

21 (B) by striking ‘‘is not required. How22 ever,’’ and inserting ‘‘only with respect to a 

23 qualified offense. With respect to such an of24 fense,’’; 


smartinez on DSK6TPTVN1PROD with BILLS
54 

•S 1775 PCS

1 (C) by striking ‘‘may—’’ and all that fol2 lows through ‘‘(A) dismiss’’ and inserting ‘‘may 

3 dismiss’’; 

4 (D) by striking ‘‘; or’’ and inserting a pe5 riod; and 

6 (E) by striking subparagraph (B); and 

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

8 paragraph: 

9 ‘‘(4)(A) In paragraph (3), the term ‘qualified offense’ 

10 means, except as provided in subparagraph (B), an offense 

11 under this chapter for which— 

12 ‘‘(i) the maximum sentence of confinement that 

13 may be adjudged does not exceed one year; and 

14 ‘‘(ii) the sentence adjudged does not include 

15 dismissal, a dishonorable or bad-conduct discharge, 

16 or confinement for more than six months. 

17 ‘‘(B) Such term does not include the following: 

18 ‘‘(i) An offense under section 920 of this title 

19 (article 120). 

20 ‘‘(ii) An offense under section 920a of this title 

21 (article 120a). 

22 ‘‘(iii) An offense under section 920b of this title 

23 (article 120b). 

24 ‘‘(iv) An offense under section 920c of this title 

25 (article 120c). 


smartinez on DSK6TPTVN1PROD with BILLS
55 

•S 1775 PCS

1 ‘‘(v) Such other offenses as the Secretary of 

2 Defense may prescribe by regulation.’’. 

3 (b) REQUIREMENT FOR EXPLANATION IN WRIT4 ING.—Such subsection is further amended by adding after 

5 paragraph (4), as added by subsection (a)(2), the fol6 lowing new paragraph: 

7 ‘‘(5) If the convening authority or other person au8 thorized to act under this section modifies the findings or 

9 sentence of a court-martial, such person shall prepare a 

10 written explanation for such modification. Such expla11 nation shall be made a part of the record of trial and ac12 tion thereon.’’. 

13 (c) CONFORMING AMENDMENT.—Subsection (e)(3) 

14 of such section (article) is amended in the first sentence 

15 by inserting ‘‘(if authorized to do so under subsection 

16 (c))’’ after ‘‘findings and sentence’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 subsections (a) and (c) shall apply with respect to offenses 

19 committed on or after the date of the enactment of this 

20 Act. 


smartinez on DSK6TPTVN1PROD with BILLS
56 

•S 1775 PCS

1 SEC. 206. 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 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
57 

•S 1775 PCS

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. 207. SECRETARY OF DEFENSE REPORT ON MODIFICA8 TIONS TO THE UNIFORM CODE OF MILITARY 

9 JUSTICE TO PROHIBIT SEXUAL ACTS AND 

10 CONTACTS BETWEEN MILITARY INSTRUC11 TORS AND TRAINEES. 

12 (a) REPORT REQUIRED.—Not later than 60 days 

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

14 of Defense shall submit to the Committees on Armed Serv15 ices of the Senate and the House of Representatives a re16 port setting forth the recommendations of the Secretary 

17 for such legislative action as the Secretary considers ap18 propriate to modify chapter 47 of title 10, United States 

19 Code (the Uniform Code of Military Justice), to prohibit 

20 sexual acts and contacts between military instructors and 

21 their trainees. 

22 (b) COVERED MILITARY INSTRUCTORS.—For pur23 poses the report required by this section, military instruc24 tors shall include the following: 

25 (1) Drill Sergeants in the Army. 


smartinez on DSK6TPTVN1PROD with BILLS
58 

•S 1775 PCS

1 (2) Drill Instructors in the Marine Corps. 

2 (3) Recruit Division Commanders in the Navy. 

3 (4) Military Training instructors in the Air 

4 Force. 

5 (5) Company Commanders in the Coast Guard. 

6 (6) Such other members of the Armed Forces 

7 as the Secretary considers appropriate for purposes 

8 of the report as having supervisory authority over 

9 new recruits in the Armed Forces undergoing basic 

10 training (or its equivalent). 

11 SEC. 208. SENSE OF SENATE ON DISPOSITION OF CHARGES 

12 INVOLVING CERTAIN SEXUAL MISCONDUCT 

13 OFFENSES UNDER THE UNIFORM CODE OF 

14 MILITARY JUSTICE THROUGH COURTS-MAR15 TIAL. 

16 (a) SENSE OF SENATE.—It is the sense of the Senate 

17 that— 

18 (1) any charge regarding an offense specified in 

19 subsection (b) should be disposed of by court-mar20 tial, rather than by non-judicial punishment or ad21 ministrative action; and 

22 (2) in the case of any charge regarding an of23 fense specified in subsection (b) that is disposed of 

24 by non-judicial punishment or administrative action, 

25 rather than by court-martial, the disposition authorVerDate Mar 15 2010 23:47 Dec 09, 2013 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.PCS S1775

smartinez on DSK6TPTVN1PROD with BILLS
59 

•S 1775 PCS

1 ity should include in the case file a justification for 

2 the disposition of the charge by non-judicial punish3 ment or administrative action, rather than by court4 martial. 

5 (b) COVERED OFFENSES.—An offense specified in 

6 this subsection is any of the following offenses under chap7 ter 47 of title 10, United States Code (the Uniform Code 

8 of Military Justice): 

9 (1) Rape or sexual assault under subsection (a) 

10 or (b) of section 920 of such chapter (article 120 of 

11 the Uniform Code of Military Justice). 

12 (2) Forcible sodomy under section 925 of such 

13 chapter (article 125 of the Uniform Code of Military 

14 Justice). 

15 (3) An attempt to commit an offense specified 

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

17 880 of such chapter (article 80 of the Uniform Code 

18 of Military Justice). 

19 SEC. 209. SENSE OF SENATE ON THE DISCHARGE IN LIEU 

20 OF COURT-MARTIAL OF MEMBERS OF THE 

21 ARMED FORCES WHO COMMIT SEXUAL-RE22 LATED OFFENSES. 

23 It is the sense of the Senate that— 

24 (1) the Armed Forces should be sparing in dis25 charging in lieu of court-martial members of the 


smartinez on DSK6TPTVN1PROD with BILLS
60 

•S 1775 PCS

1 Armed Forces who have committed rape, sexual as2 sault, forcible sodomy, or attempts to commit such 

3 offenses, and should do so only when the facts of the 

4 case clearly warrant such discharge; 

5 (2) whenever possible, the victims of offenses 

6 referred to in paragraph (1) should be consulted 

7 prior to the determination regarding whether to dis8 charge the members who committed such offenses; 

9 (3) commanding officers should consider the 

10 views of victims of offenses referred to in paragraph 

11 (1) when determining whether to discharge the 

12 members who committed such offenses in lieu of try13 ing such members by court-martial; and 

14 (4) the discharge of any member who is dis15 charged as described in paragraph (1) should be 

16 characterized as Other Than Honorable. 

17 TITLE III—OTHER MILITARY 

18 JUSTICE AND LEGAL MATTERS 

19 SEC. 301. PROHIBITION OF RETALIATION AGAINST MEM20 BERS OF THE ARMED FORCES FOR REPORT21 ING A CRIMINAL OFFENSE. 

22 (a) REGULATIONS ON PROHIBITION OF RETALIATION

23 REQUIRED.—The Secretary of Defense shall, not later 

24 than 120 days after the date of the enactment of this Act, 

25 prescribe regulations, or require the Secretaries of the 


smartinez on DSK6TPTVN1PROD with BILLS
61 

•S 1775 PCS

1 military departments to prescribe regulations, that pro2 hibit retaliation against an alleged victim or other member 

3 of the Armed Forces who reports a criminal offense. The 

4 regulations shall prescribe that a violation of the regula5 tions is an offense punishable under section 892 of title 

6 10, United States Code (article 92 of the Uniform Code 

7 of Military Justice). 

8 (b) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of Defense 

10 shall submit to Congress a report setting forth the rec11 ommendations of the Secretary as to whether chapter 47 

12 of title 10, United States Code (the Uniform Code of Mili13 tary Justice), should be amended to prohibit retaliation 

14 against an alleged victim or other member of the Armed 

15 Forces who reports a criminal offense. 

16 (c) RETALIATION.—For purposes of this section, re17 taliation shall include, as a minimum, taking or threat18 ening to take any adverse personnel action, or failing to 

19 take or threatening not to take a favorable personnel ac20 tion, with respect to a member of the Armed Forces be21 cause the member reported a criminal offense. 


smartinez on DSK6TPTVN1PROD with BILLS
62 

•S 1775 PCS

1 SEC. 302. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VIC2 TIMS OF OFFENSES UNDER THE UNIFORM 

3 CODE OF MILITARY JUSTICE. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall recommend to the President modifications to the 

7 Manual for Courts-Martial, and prescribe such other regu8 lations as the Secretary considers appropriate, to enforce 

9 the rights of victims of military crimes as specified in sub10 section (b) and to ensure compliance by responsible mem11 bers of the Armed Forces and personnel of the Depart12 ment of Defense with the obligations to enforce such 

13 rights. 

14 (b) RIGHTS.—The rights of victims of military crimes 

15 specified in this subsection are the following rights: 

16 (1) The right to be reasonably protected from 

17 the accused. 

18 (2) The right to reasonable, accurate, and time19 ly notice of any public proceeding in an investigation 

20 under section 832 of title 10, United States Code 

21 (article 32 of the Uniform Code of Military Justice), 

22 court-martial, involuntary plea hearing, pre-sen23 tencing hearing, or parole hearing involving the of24 fense or of any release or escape of the accused. 

25 (3) The right not to be excluded from any pub26 lic proceeding referred to in paragraph (2) unless 


smartinez on DSK6TPTVN1PROD with BILLS
63 

•S 1775 PCS

1 the military judge or investigating officer, as appli2 cable, after receiving clear and convincing evidence, 

3 determines that testimony by the victim would be 

4 materially altered if the victim heard other testi5 mony at that proceeding. 

6 (4) The right to be reasonably heard at any 

7 public proceeding referred to in paragraph (2). 

8 (5) The reasonable right to confer with the trial 

9 counsel in the case. 

10 (6) The right to full and timely restitution as 

11 provided in law. 

12 (7) The right to proceedings free from unrea13 sonable delay. 

14 (8) The right to be treated with fairness and 

15 with respect for the victim’s dignity and privacy. 

16 (c) VICTIMS.— 

17 (1) IN GENERAL.—For purposes of the rec18 ommendations and regulations required by sub19 section (a), a victim of a military crime shall be any 

20 person who has suffered direct physical, emotional, 

21 or pecuniary harm as a result of the commission 

22 of— 

23 (A) an offense under chapter 47 of the 

24 Uniform Code of Military Justice; or 


smartinez on DSK6TPTVN1PROD with BILLS
64 

•S 1775 PCS

1 (B) a violation of any other law if any por2 tion of the investigation of such violation is con3 ducted primarily by an element of the Depart4 ment of Defense. 

5 (2) UNDERAGE, INCOMPETENT, AND OTHER IN6 DIVIDUAL VICTIMS.—For such purposes, in the case 

7 of a victim who is under 18 years of age, incom8 petent, incapacitated, or deceased, a victim of a mili9 tary crime includes one of the following (in order of 

10 precedence): a spouse, legal guardian, parent, child, 

11 sibling, another family member, or another person 

12 designated by the military judge or other appro13 priate authority. 

14 (3) INSTITUTIONAL ENTITY VICTIMS.—For such 

15 purposes, if a victim is an institutional entity, the 

16 victim of a military crime is an authorized represent17 ative of the entity. 

18 (4) GOVERNMENTAL ENTITIES EXCLUDED.— 

19 For such purposes, departments and agencies of the 

20 Federal Government, and agencies of State and local 

21 governments, are not victims of military crimes. 

22 (d) MECHANISMS FOR AFFORDING RIGHTS.—The 

23 recommendations and regulations required by subsection 

24 (a) shall include the following: 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•S 1775 PCS

1 (1) Mechanisms for ensuring that victims of 

2 military crimes are afforded the rights specified in 

3 subsection (b) in all applicable proceedings. 

4 (2) Mechanisms for ensuring that members of 

5 the Armed Forces and civilian personnel of the De6 partment of Defense (including military judges, trial 

7 counsel, military criminal investigation organiza8 tions, services, and personnel, and other members 

9 and personnel of the Department of Defense en10 gaged in the detection, investigation, or prosecution 

11 of offenses under chapter 47 of title 10, United 

12 States Code (the Uniform Code of Military Justice)) 

13 make their best efforts to see that victims of military 

14 crimes are notified of, and accorded, the rights spec15 ified in subsection (b) in all applicable proceedings. 

16 (3) Mechanisms for the enforcement of such 

17 rights, including such mechanisms for application 

18 for such rights and for consideration and disposition 

19 of applications for such rights as the Secretary of 

20 Defense considers appropriate. 

21 (4) The designation of an authority within the 

22 Department of Defense to receive and investigate 

23 complaints relating to the provision or violation of 

24 the rights of victims of military crimes. 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•S 1775 PCS

1 (5) Disciplinary sanctions for members of the 

2 Armed Forces and other personnel of the Depart3 ment of Defense who willfully or wantonly fail to 

4 comply with requirements relating to the rights of 

5 victims of military crimes. 

6 (6) Such other mechanisms as the Secretary of 

7 Defense considers appropriate. 

8 SEC. 303. MODIFICATION OF MANUAL FOR COURTS-MAR9 TIAL TO ELIMINATE FACTOR RELATING TO 

10 CHARACTER AND MILITARY SERVICE OF THE 

11 ACCUSED IN RULE ON INITIAL DISPOSITION 

12 OF OFFENSES. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the discussion pertaining to Rule 306 

15 of the Manual for Courts-Martial (relating to policy on 

16 initial disposition of offenses) shall be amended to strike 

17 the character and military service of the accused from the 

18 matters a commander should consider in deciding how to 

19 dispose of an offense. 

20 SEC. 304. PRELIMINARY HEARINGS ON ALLEGED OFFENSES 

21 UNDER THE UNIFORM CODE OF MILITARY 

22 JUSTICE. 

23 (a) PRELIMINARY HEARINGS.— 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•S 1775 PCS

1 (1) IN GENERAL.—Section 832 of title 10, 

2 United States Code (article 32 of the Uniform Code 

3 of Military Justice), is amended to read as follows: 

4 ‘‘§ 832. Art. 32. Preliminary hearing 

5 ‘‘(a)(1) No charge or specification may be referred 

6 to a general court-martial for trial until a judge advocate 

7 conducts a preliminary hearing. 

8 ‘‘(2) In exceptional circumstances, an officer other 

9 than a judge advocate may conduct a preliminary hearing 

10 if it is determined that detailing a judge advocate to con11 duct the preliminary hearing is not supportable. 

12 ‘‘(3) Wherever supportable, the judge advocate or of13 ficer conducting a preliminary hearing shall have a grade 

14 equal to or higher than the grade of any military counsel 

15 who, at the time the judge advocate or officer is detailed, 

16 has been assigned to represent a party at the preliminary 

17 hearing. 

18 ‘‘(4) The preliminary hearing shall be limited to the 

19 purpose of determining whether there is probable cause 

20 to believe an offense has been committed and whether the 

21 accused committed it. 

22 ‘‘(5) After conducting the preliminary hearing, the 

23 judge advocate or officer conducting the preliminary hear24 ing shall prepare a report that includes the following: 


smartinez on DSK6TPTVN1PROD with BILLS
68 

•S 1775 PCS

1 ‘‘(A) A determination as to court-martial juris2 diction over the offense and the accused. 

3 ‘‘(B) A determination as to probable cause. 

4 ‘‘(C) A consideration of the form of charges. 

5 ‘‘(D) A recommendation as to the disposition 

6 which should be made of the case. 

7 ‘‘(b)(1) The accused shall be advised of the charges 

8 against the accused and of the accused’s right to be rep9 resented by counsel at the preliminary hearing. The ac10 cused has the right to be represented at the preliminary 

11 hearing as provided in section 838 of this title (article 38) 

12 and in regulations prescribed under that section. 

13 ‘‘(2) At the preliminary hearing, the accused may 

14 cross-examine adverse witnesses if they are available. The 

15 accused may offer evidence and call witnesses relevant to 

16 the probable cause determination. 

17 ‘‘(3) A victim may not be required to testify at the 

18 preliminary hearing. A victim who declines to testify shall 

19 be deemed to be not available for purposes of the prelimi20 nary hearing. 

21 ‘‘(4) The presentation of evidence and examination 

22 of witnesses at a preliminary hearing shall be limited to 

23 the question of probable cause. 

24 ‘‘(c) A preliminary hearing under this section shall 

25 be recorded by a suitable recording device, and a copy of 


smartinez on DSK6TPTVN1PROD with BILLS
69 

•S 1775 PCS

1 the recording shall be provided to any party upon request. 

2 The victim shall have access to the recording, upon re3 quest, in accordance with regulations prescribed by the 

4 Secretary concerned for purposes of this section. 

5 ‘‘(d) The requirements of this section are binding on 

6 all persons administering this chapter but failure to follow 

7 them does not constitute jurisdictional error.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of subchapter VI of chapter 

10 47 of such title (the Uniform Code of Military Jus11 tice) is amended by striking the item relating to sec12 tion 832 (article 32) and inserting the following new 

13 item: 

‘‘832. Art. 32. Preliminary hearing.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 834(a)(2) of such title (article 

16 34(a)(2) of the Uniform Code of Military Justice) is 

17 amended by striking ‘‘the report of investigation’’ 

18 and inserting ‘‘the report of the preliminary hear19 ing’’. 

20 (2) Section 838(b)(1) of such title (article 

21 38(b)(1) of the Uniform Code of Military Justice) is 

22 amended by striking ‘‘an investigation’’ and insert23 ing ‘‘a preliminary hearing’’. 

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

25 this section shall take effect on the date that is one year 


smartinez on DSK6TPTVN1PROD with BILLS
70 

•S 1775 PCS

1 after the date of the enactment of this Act, and shall apply 

2 with respect to offenses under chapter 47 of title 10, 

3 United States Code (the Uniform Code of Military Jus4 tice), that occur on or after such effective date. 


smartinez on DSK6TPTVN1PROD with BILLS

smartinez on DSK6TPTVN1PROD with BILLS
Calendar No. 253 

113TH CONGRESS 

1ST SESSION S. 1775 

A BILL 

To improve the sexual assault prevention and rement of Defense, and for other purposes. sponse programs and activities of the DepartDECEMBER 9, 2013 

Read the second time and placed on the calendar 


smartinez on DSK6TPTVN1PROD with BILLS