I 
113TH CONGRESS 
1ST SESSION H. R. 1867 
To amend title 10, United States Code, to make certain improvements in 
the Uniform Code of Military Justice related to sex-related offenses 
committed by members of the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2013 
Mr. TURNER (for himself and Ms. TSONGAS) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to make certain 
improvements in the Uniform Code of Military Justice 
related to sex-related offenses committed by members 
of the Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Better Enforcement for Sexual Assault Free Environ-
ments Act of 2013’’ or ‘‘BE SAFE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Limitations on convening authority discretion regarding court-martial 
findings and sentence. 
Sec. 3. 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. 4. Elimination of five-year statute of limitations on trial by court-martial 
for additional offenses involving sex-related crimes. 
Sec. 5. Consideration of need for, and authority to provide for, temporary ad-
ministrative reassignment or removal of a member on active 
duty who is accused of committing a sexual assault or related 
offense. 
Sec. 6. Victims’ Counsel for victims of sex-related offenses committed by mem-
bers of the Armed Forces and related provisions. 
Sec. 7. Secretary of Defense report on sentencing reform. 
Sec. 8. Secretary of Defense report on role of commanders in military justice 
process. 
SEC. 2. LIMITATIONS ON CONVENING AUTHORITY DISCRE-
TION REGARDING COURT-MARTIAL FINDINGS 
AND SENTENCE. 
(a) ELIMINATION OF UNLIMITED COMMAND PRE-
ROGATIVE AND DISCRETION.—Paragraph (1) of section 
860(c) of title 10, United States Code (article 60(c) of 
the Uniform Code of Military Justice) is amended by 
striking the first sentence. 
(b) LIMITATIONS
ON
DISCRETION
REGARDING 
COURT-MARTIAL FINDINGS.—Paragraph (3) of section 
860(c) of title 10, United States Code (article 60(c) of 
the Uniform Code of Military Justice) is amended to read 
as follows: 
‘‘(3)(A) Action on the findings of a court-martial by 
the convening authority or by another person authorized 
to act under this section is not required. 
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‘‘(B) If a convening authority or other person acts 
on the findings of a court-martial, the convening authority 
or other person may not— 
‘‘(i) dismiss any charge or specification, other 
than a charge or specification for a minor offense, 
by setting aside a finding of guilty thereto; or 
‘‘(ii) change a finding of guilty to a charge or 
specification, other than a charge or specification for 
a minor offense, to a finding of guilty to an offense 
that is a lesser included offense of the offense stated 
in the charge or specification. 
‘‘(C) If a convening authority or other person acts 
on the findings to dismiss or change any charge or speci-
fication for a minor offense, the convening authority or 
other person shall prepare a written explanation of such 
action. Such written explanation shall be immediately pro-
vided and made a part of the record of the court-martial 
at the time the action is taken and becomes effective. 
‘‘(D) For purposes of this paragraph, the convening 
authority or other person may treat an offense as a minor 
offense only if the sentence adjudged by a court-martial 
for an offense, or combination of offenses, is not more se-
vere than confinement for 30 days, forfeiture of two-thirds 
pay per month for one month, or reduction to the lowest 
pay grade, or some combination thereof. However, a 
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charge or specification of murder, rape, sexual assault, 
rape or sexual assault of a child, or any other offense pun-
ishable by death may not, under any circumstances, be 
considered a minor offense for purposes of this paragraph, 
regardless of the adjudged sentence.’’. 
(c) LIMITATIONS OF DISCRETION TO MODIFY AN AD-
JUDGED SENTENCE TO LESS THAN MANDATORY MIN-
IMUM SENTENCE.—Section 860(c) of title 10, United 
States Code (article 60(c) of the Uniform Code of Military 
Justice) is amended— 
(1) in paragraph (2), by striking ‘‘The con-
vening authority’’ and inserting the following: 
‘‘(B) Except as provided in paragraph (4), the con-
vening authority’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) If a mandatory minimum sentence exists for a 
charge, the convening authority or another person author-
ized to act under this section may not modify an adjudged 
sentence to reduce the sentence to less than the mandatory 
minimum sentence, except that, upon the recommendation 
of the trial counsel, the convening authority or other per-
son shall have the authority to impose a sentence below 
a level established by statute as a minimum sentence so 
as to reflect the substantial assistance by the accused in 
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the investigation or prosecution of another person who has 
committed an offense.’’. 
(d) 
EXPLANATION
FOR
ANY
DECISION
DIS-
APPROVING, COMMUTING, OR SUSPENDING COURT-MAR-
TIAL SENTENCE.—Section 860(c)(2) of title 10, United 
States Code (article 60(c)(2) of the Uniform Code of Mili-
tary Justice), as amended by subsection (c)(1), is further 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) If the convening authority or other person 
makes a decision to disapprove, commute, or suspend the 
sentence in whole or in part, the convening authority or 
such person shall prepare a detailed written explanation 
of such action. Such written explanation shall be imme-
diately provided and made a part of the record of the 
court-martial at the time the action is taken and becomes 
effective.’’. 
(e) CONFORMING AMENDMENT TO OTHER AUTHOR-
ITY
FOR CONVENING AUTHORITY TO SUSPEND SEN-
TENCE.—Section 871(d) of such title (article 71(d) of the 
Uniform Code of Military Justice) is amended by adding 
at the end the following new sentence: ‘‘Paragraphs (2) 
and (4) of subsection (c) of section 860 of this title (article 
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