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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 871

   To amend title 10, United States Code, to enhance assistance for 
victims of sexual assault committed by members of the Armed Forces, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2013

 Mrs. Murray (for herself, Ms. Ayotte, and Mr. Blumenthal) 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 enhance assistance for 
victims of sexual assault committed by members of the Armed Forces, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF SEXUAL ASSAULT 
              COMMITTED BY MEMBERS OF THE ARMED FORCES.

    (a) Special Victims' Counsel for Victims of Sexual Assault 
Committed by Members of the Armed Forces.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretaries of the military 
        departments shall each implement a program on the provision of 
        a Special Victims' Counsel to victims of a sexual assault 
        committed by a member of the Armed Forces.
            (2) Qualification.--An individual may not be designated as 
        a Special Victims' Counsel under this subsection unless the 
        individual is--
                    (A) a judge advocate who is a graduate of an 
                accredited law school or is a member of the bar of a 
                Federal court or the highest court of a State; and
                    (B) is certified as competent to be designated as a 
                Special Victims' Counsel by the Judge Advocate General 
                of the Armed Force of which the individual is a member.
            (3) Duties.--
                    (A) In general.--Subject to subparagraph (C), the 
                duties of a Special Victims' Counsel shall include the 
                provision of legal advice and assistance to a victim in 
                connection with criminal and civil legal matters 
                related to the sexual assault committed against the 
                victim, including the following:
                            (i) Legal advice and assistance regarding 
                        criminal liability of the victim.
                            (ii) Legal advice and assistance regarding 
                        the victim's responsibility to testify, and 
                        other duties to the court.
                            (iii) Legal advice regarding the potential 
                        for civil litigation against other parties 
                        (other than the Department of Defense).
                            (iv) Legal advice regarding any proceedings 
                        of the military justice process which the 
                        victim may observe.
                            (v) Legal advice and assistance regarding 
                        any proceeding of the military justice process 
                        in which the victim may participate as a 
                        witness or other party.
                            (vi) Legal advice and assistance regarding 
                        available military or civilian restraining or 
                        protective orders.
                            (vii) Legal advice and assistance regarding 
                        available military and veteran benefits.
                            (viii) Legal assistance in personal civil 
                        legal matters in connection with the sexual 
                        assault in accordance with section 1044 of 
                        title 10, United States Code.
                            (ix) Such other legal advice and assistance 
                        as the Secretary of the military department 
                        concerned shall specify for purposes of the 
                        program implemented under this subsection.
                    (B) Nature of relationship.--The relationship 
                between a Special Victims' Counsel and a victim in the 
                provision of legal advice and assistance shall be the 
                relationship between an attorney and client.
    (b) Assistance and Reporting.--
            (1) Assistance.--Section 1565b of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b) Availability of Special Victims' Counsel for Victims of 
Sexual Assault Committed by Members of the Armed Forces.--(1) A member 
of the armed forces, or a dependent of a member, who is the victim of a 
sexual assault described in paragraph (2) may be provided assistance by 
a Special Victims' Counsel.
    ``(2) A sexual assault described in this paragraph is any offense 
if alleged to have been committed by a member of the armed forces as 
follows:
            ``(A) Rape or sexual assault under section 920 of this 
        title (article 120 of the Uniform Code of Military Justice).
            ``(B) An attempt to commit an offense specified in 
        subparagraph (A) as punishable under section 880 of this title 
        (article 80 of the Uniform Code of Military Justice).
    ``(3) A member of the armed forces or dependent who is the victim 
of sexual assault described in paragraph (2) shall be informed of the 
availability of assistance under paragraph (1) as soon as the member or 
dependent seeks assistance from a Sexual Assault Response Coordinator, 
a Sexual Assault Victim Advocate, a military criminal investigator, a 
victim/witness liaison, a trial counsel, health care providers, or any 
other personnel designated by the Secretary of the military department 
concerned for purposes of this paragraph. The member or dependent shall 
also be informed that the assistance of a Special Victims' Counsel 
under paragraph (1) is optional and may be declined, in whole or in 
part, at any time.
    ``(4) Assistance of a Special Victims' Counsel under paragraph (1) 
shall be available to a member or dependent regardless of whether the 
member or dependent elects unrestricted or restricted (confidential) 
reporting of the sexual assault.''.
            (2) Reporting.--Subsection (c) of such section, as 
        redesignated by paragraph (1)(A) of this subsection, is further 
        amended in paragraph (2)--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph (C):
            ``(C) A Special Victims' Counsel.''.
    (c) Conforming Amendments to Authority on SARC, SAVA, and Related 
Assistance.--Subsection (a) of such section is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall, upon request,''; and
            (2) in paragraph (2)--
                    (A) by inserting ``a Special Victims' Counsel,'' 
                after ``a Sexual Assault Victim Advocate,''; and
                    (B) by striking ``or a trial counsel'' and 
                inserting ``a trial counsel, health care providers, or 
                any other personnel designated by the Secretary of the 
                military department concerned for purposes of this 
                paragraph''.
    (d) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1565b. Victims of sexual assault: access to legal assistance and 
              services of Sexual Assault Coordinators, Sexual Assault 
              Victim Advocates, and Special Victims' Counsels''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 80 of such title is amended by striking 
        the item relating to section 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.''.

SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL ASSAULT PREVENTION AND 
              RESPONSE OFFICE FOR DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
              PREVENTION AND RESPONSE PROGRAM.

    (a) In General.--Section 1611(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is 
amended by striking ``shall--'' and all that follows and inserting 
``shall do the following:
            ``(1) Oversee development and implementation of the 
        comprehensive policy for the Department of Defense sexual 
        assault prevention and response program, including guidance and 
        assistance for the military departments in addressing matters 
        relating to sexual assault prevention and response.
            ``(2) Serve as the single point of authority, 
        accountability, and oversight for the sexual assault prevention 
        and response program.
            ``(3) Undertake responsibility for the oversight of the 
        implementation of the sexual assault prevention and response 
        program by the Armed Forces.
            ``(4) Collect and maintain data of the military departments 
        on sexual assault in accordance with section 1615.
            ``(5) Provide oversight to ensure that the military 
        departments maintain documents relating to the following:
                    ``(A) Allegations and complaints of sexual assault 
                involving members of the Armed Forces.
                    ``(B) Courts-martial or trials of members of the 
                Armed Forces for offenses relating to sexual assault.
            ``(6) Act as liaison between the Department of Defense and 
        other Federal and State agencies on programs and efforts 
        relating to sexual assault prevention and response.
            ``(7) Oversee development of strategic program guidance and 
        joint planning objectives for resources in support of the 
        sexual assault prevention and response program, and make 
        recommendations on modifications to policy, law, and 
        regulations needed to ensure the continuing availability of 
        such resources.
            ``(8) Provide to the Secretary of Veterans Affairs any 
        records or documents on sexual assault in the Armed Forces, 
        including restricted reports with the approval of the 
        individuals who filed such reports, that are required by the 
        Secretary for purposes of the administration of the laws 
        administered by the Secretary.''.
    (b) Collection and Maintenance of Data.--Subtitle A of title XVI of 
such Act (10 U.S.C. 1561 note) is amended by adding at the end the 
following new section:

``SEC. 1615. COLLECTION AND MAINTENANCE OF DATA OF MILITARY DEPARTMENTS 
              ON SEXUAL ASSAULT PREVENTION AND RESPONSE.

    ``In carrying out the requirements of section 1611(b)(4), the 
Director of the Sexual Assault Prevention and Response Office shall do 
the following:
            ``(1) Collect from each military department on a quarterly 
        and annual basis data of such military department on sexual 
        assaults involving members of the Armed Forces in a manner 
        consistent with the policy and procedures developed pursuant to 
        section 586 of the National Defense Authorization Act for 
        Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy 
        of individuals named in records and the status of records.
            ``(2) Maintain data collected from the military departments 
        under paragraph (1).
            ``(3) Assemble from the data collected and maintained under 
        this section quarterly and annual reports on the involvement of 
        members of the Armed Forces in incidents of sexual assault.
            ``(4) Develop metrics to measure the effectiveness of, and 
        compliance with, training and awareness objectives of the 
        military departments on sexual assault prevention and response.
            ``(5) Establish categories of information to be provided by 
        the military departments in connection with reports on sexual 
        assault prevention and response, including, but not limited to, 
        the annual reports required by section 1631, and ensure that 
        the submittals of the military departments for purposes of such 
        reports include data within such categories.''.
    (c) Element on Unit of Accused and Victim in Case Synopses in 
Annual Report on Sexual Assaults.--
            (1) In general.--Section 1631(f) of such Act (10 U.S.C. 
        1561 note) is amended--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (4) the following 
                new paragraph (5):
            ``(5) The case synopsis shall indicate the unit of each 
        member of the Armed Forces accused of committing a sexual 
        assault and the unit of each member of the Armed Forces who is 
        a victim of sexual assault.''.
            (2) Application of amendments.--The amendments made by 
        paragraph (1) shall apply beginning with the report regarding 
        sexual assaults involving members of the Armed Forces required 
        to be submitted by March 1, 2014, under section 1631 of the Ike 
        Skelton National Defense Authorization Act for Fiscal Year 
        2011.

SEC. 4. DISPOSITION AND OTHER REQUIREMENTS FOR RAPE AND SEXUAL ASSAULT 
              OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Disposition and Other Requirements.--
            (1) In general.--Subchapter VI of chapter 47 of title 10, 
        United States Code (the Uniform Code of Military Justice), is 
        amended by inserting after section 830 (article 30) the 
        following new section (article):
``Sec. 830a. Art. 30a. Rape and sexual assault offenses: disposition 
              and other requirements
    ``(a) In General.--Notwithstanding any other provision of this 
chapter, charges on offenses specified in subsection (b) shall be 
subject to the disposition requirement in subsection (c) and subject to 
the other requirements and limitations set forth this section.
    ``(b) Covered Offenses.--The charges on offenses specified in this 
subsection are charges on the offenses as follows:
            ``(1) Rape or sexual assault under section 920 of this 
        title (article 120).
            ``(2) An attempt to commit an offense specified in 
        paragraph (1) as punishable under section 880 of this title 
        (article 80).
    ``(c) Disposition Requirements.--(1) Subject to paragraph (2), the 
charges on any offense specified in subsection (b) shall be referred to 
an appropriate authority for convening general courts-martial under 
section 822 of this title (article 22) for disposition.
    ``(2) If the appropriate authority to which charges described in 
paragraph (1) would be referred under that paragraph is a member with 
direct supervisory authority over the member alleged to have committed 
the offense, such charges shall be referred to a superior authority 
competent to convene a general court-martial.
    ``(d) Victim's Rights.--A victim of an offense specified in 
subsection (b) shall have rights as follows:
            ``(1) To a Special Victims' Counsel provided under section 
        1565b(b) of this title.
            ``(2) To have all communications between the victim and any 
        Sexual Assault Response Coordinator, Sexual Assault Victim 
        Advocate, or Special Victims' Counsel for the victim considered 
        privileged communications for purposes of the case and any 
        proceedings relating to the case.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter VI of chapter 47 of such title (the 
        Uniform Code of Military Justice) is amended by inserting after 
        the item relating to section 830 (article 30) the following new 
        item:

``830a. Art. 30a. Rape and sexual assault offenses: disposition and 
                            other requirements.''.
    (b) Revision of Manual for Courts-Martial.--The Joint Service 
Committee on Military Justice shall amend the Manual for Courts-Martial 
to reflect the requirements in section 830a of title 10, United States 
Code (article 830a of the Uniform Code of Military Justice), as added 
by subsection (b), including, in particular, section 306 of the Manual 
relating to disposition of charges.

SEC. 5. PROHIBITION ON SEXUAL ACTS AND CONTACT BETWEEN CERTAIN MILITARY 
              INSTRUCTORS AND THEIR TRAINEES.

    (a) Prohibition.--Section 920 of title 10, United States Code 
(article 120 of the Uniform Code of Military Justice), is amended--
            (1) by redesignating subsections (e) through (g) as 
        subsections (f) through (h); respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Sexual Acts and Sexual Contact Between Certain Military 
Instructors and Trainees.--
            ``(1) Enhanced prohibition on sexual assault.--A military 
        instructor who commits a sexual act upon a member of the armed 
        forces while the member is undergoing basic training (or its 
        equivalent) or within 30 days after completing such training is 
        guilty of sexual assault and shall be punished as a court-
        martial may direct.
            ``(2) Enhanced prohibition on abusive sexual contact.--A 
        military instructor who commits or causes sexual contact upon 
        or by a member of the armed forces while the member is 
        undergoing basic training (or its equivalent), or within 30 
        days after completing such training, which instructor was not 
        the spouse of the member at the member's commencement of such 
        training, is guilty of abusive sexual contact and shall be 
        punished as a court-martial may direct.
            ``(3) Covered military instructors.--This subsection 
        applies with respect to the following members of the armed 
        forces otherwise subject to this chapter:
                    ``(A) Drill Sergeants in the Army.
                    ``(B) Drill Instructors in the Marine Corps.
                    ``(C) Recruit Division Commanders in the Navy.
                    ``(D) Military Training instructors in the Air 
                Force.
                    ``(E) Company Commanders in the Coast Guard.
                    ``(F) Such other members of the armed forces as the 
                Secretary concerned may designate as having supervisory 
                authority over new recruits undergoing basic training 
                (or its equivalent).
            ``(4) Consent.--Lack of consent is not an element and need 
        not be proven in any prosecution under this subsection. Consent 
        is not a defense for any conduct in issue in any prosecution 
        under this subsection.''.
    (b) Cross References to Definitions.--Chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), is amended--
            (1) in section 920b(h)(1) (article 120b(h)(1)), by striking 
        ``section 920(g) of this title (article 120(g))'' and inserting 
        ``section 920 of this title (article 120)''; and
            (2) in section 920c(d)(1) (article 120c(d)(1)), by striking 
        ``section 920(g) of this title (article 120(g)))'' and 
        inserting ``section 920 of this title (article 120))''.

SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS FOR 
              MEMBERS OF THE NATIONAL GUARD.

    (a) Availability in Each National Guard State and Territory.--
Section 584(a) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1433; 10 U.S.C. 1561 note) is 
amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) Availability in each national guard state and 
        territory.--The National Guard of each State and Territory 
        shall ensure that a Sexual Assault Response Coordinator is 
        available at all times to the members of the National Guard of 
        such State or Territory. The Secretary of the Army and the 
        Secretary of the Air Force may, in consultation with the Chief 
        of the National Guard Bureau, assign additional Sexual Assault 
        Response Coordinators in a State or Territory as necessary 
        based on the resource requirements of National Guard units 
        within such State or Territory. Any additional Sexual Assault 
        Response Coordinator may serve on a full-time or part-time 
        basis at the discretion of the assigning Secretary.''.
    (b) Availability To Provide Assistance for Members of the National 
Guard in State Status.--Section 1565b of title 10, United States Code, 
as amended by section 2 of this Act, is further amended in subsection 
(a)--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) In the case of a member of the National Guard in State status 
under title 32 who is the victim of a sexual assault, assistance 
provided by a Sexual Assault Response Coordinator shall be provided by 
the Sexual Assault Response Coordinator Assistance available in the 
State or Territory concerned under paragraph (2) of section 584(a) of 
the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 
1561 note), but, with the approval of the Secretary of the Army or the 
Secretary of the Air Force, as applicable, may also be provided by 
Sexual Assault Response Coordinator assigned under paragraph (1) of 
that section.''.
                                 <all>
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