I 
113TH CONGRESS 
1ST SESSION H. R. 1593 
To amend title 10, United States Code, to improve the prevention of and 
response to sexual assault in the Armed Forces by establishing a Sexual 
Assault Oversight and Response Council and an enhanced Sexual Assault 
Oversight and Response Office and by requiring the appointment of 
a Director of Military Prosecutions for sexual-related offenses committed 
by a member of the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2013 
Ms. SPEIER (for herself, Mr. ANDREWS, Ms. BASS, Mr. BECERRA, Mr. BERA 
of California, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRADY of Pennsyl-
vania, Mr. BRALEY of Iowa, Ms. BROWN of Florida, Mr. BUTTERFIELD, 
Mr. CAPUANO, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. CASTOR 
of Florida, Ms. CHU, Mr. CICILLINE, Ms. CLARKE, Mr. CLAY, Mr. 
CLEAVER, Mr. COHEN, Mr. CONNOLLY, Mr. CONYERS, Mr. CROWLEY, 
Mr. CUMMINGS, Mr. DANNY K. DAVIS of Illinois, Mr. DEFAZIO, Ms. 
DEGETTE, Ms. DELAURO, Mr. DELANEY, Mr. DOGGETT, Ms. EDWARDS, 
Mr. ELLISON, Ms. ESHOO, Mr. FARR, Mr. FATTAH, Ms. FRANKEL of 
Florida, Mr. GARAMENDI, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. 
GUTIERREZ, Ms. HAHN, Mr. HASTINGS of Florida, Mr. HOLT, Mr. 
HONDA, Mr. HUFFMAN, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, 
Mr. JONES, Ms. KAPTUR, Mr. KEATING, Mr. KIND, Ms. LEE of Cali-
fornia, Mr. LEWIS, Mr. LEVIN, Mr. BEN RAY LUJA´N of New Mexico, 
Mrs. CAROLYN B. MALONEY of New York, Mr. MARKEY, Ms. MATSUI, 
Mrs. MCCARTHY of New York, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. 
MCNERNEY, Mr. GEORGE MILLER of California, Ms. MOORE, Mrs. 
NAPOLITANO, Ms. NORTON, Mr. PAYNE, Mr. PERLMUTTER, Ms. PIN-
GREE of Maine, Mr. POLIS, Mr. QUIGLEY, Mr. RANGEL, Mr. RAHALL, 
Ms. ROYBAL-ALLARD, Ms. SCHAKOWSKY, Ms. SCHWARTZ, Mr. SCHRA-
DER, Mr. THOMPSON of California, Mr. THOMPSON of Mississippi, Mr. 
TIERNEY, Ms. TITUS, Mr. TONKO, Mr. WALZ, Ms. WATERS, Mr. WELCH, 
Ms. WILSON of Florida, and Mr. LARSON of Connecticut) introduced the 
following bill; which was referred to the Committee on Armed Services 
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ment, as by the Department’s own estimates, 86 
percent of sexual assaults went unreported in 2010. 
(3) The military adjudication system itself lacks 
independence, as military judges depend on com-
mand, and members of the Armed Forces have only 
limited access to civilian courts to address their 
grievances. 
(4) The Cox Commission, sponsored by the Na-
tional Institute of Military Justice, as well as several 
other actors, have consistently observed that the 
United States has fallen behind countries such as 
Canada and the United Kingdom in terms of its 
military justice system. 
(5) The military atmosphere is not conducive to 
resolving issues of sexual assault and harassment, 
and sexual violence continues to infect the Armed 
Forces. 
(6) The culture of the United States Armed 
Forces is based on the chain of command. In a case 
of sexual assault, a commander may be responsible 
for both the victim and the offender, or both of their 
units, or the entire base or ship where the offense 
occurred. Command discretion empowers a com-
mander to decide if the case goes forward to court 
martial. The great deference afforded command dis-
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cretion raises serious concerns about conflicts of in-
terest and the potential for abuse of power. 
SEC. 3. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVER-
SIGHT AND RESPONSE COUNCIL. 
(a) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 189. Sexual Assault Oversight and Response Coun-
cil 
‘‘(a) ESTABLISHMENT; MEMBERSHIP.—There is a 
Sexual Assault Oversight and Response Council (herein-
after in this section referred to as the ‘Council’). Com-
posed of a majority of civilians this Council shall be inde-
pendent from the chain of command within the Depart-
ment of Defense. 
‘‘(b) MEMBERSHIP.—(1) The membership of the 
Council is comprised of individuals selected by the Presi-
dent and the Secretary of Defense who are governmental 
and nongovernmental experts and professionals in the ju-
dicial and sexual assault fields as follows: 
‘‘(A) Two members shall be appointed by the 
Secretary of the Defense from among the Depart-
ment of Defense personnel who have previously 
served as military judges in courts-martial cases re-
lating to sexual assault. 
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‘‘(B) One member shall be appointed by the 
President from among the Department of Justice 
personnel with expertise in prosecuting cases of sex-
ual assault. 
‘‘(C) One member shall be appointed by the 
President who shall have extensive experience advo-
cating for the rights of those sexually assaulted 
while serving in the Armed Forces. 
‘‘(D) One member shall be appointed by the 
President who shall have extensive expertise adjudi-
cating civilian cases of sexual assault. 
‘‘(2) Members shall be appointed for a term of three 
years, except that a member of the Council appointed to 
fill a vacancy occurring before the end of the term for 
which the member’s predecessor was appointed shall only 
serve until the end of such term. A member may serve 
after the end of the member’s term until the member’s 
successor takes office. 
‘‘(c) CHAIRMAN; MEETINGS.—(1) The Council shall 
elect a chair from among its members. 
‘‘(2) The Council shall meet not less often than once 
every year. 
‘‘(d) ADMINISTRATIVE PROVISIONS.—(1) Each mem-
ber of the Council who is not an officer or employee of 
the Federal Government shall be compensated at a rate 
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equal to the daily equivalent of the annual rate of basic 
pay prescribed for Executive Schedule Level IV under sec-
tion 5315 of title 5, for each day (including travel time) 
during which such member is engaged in the performance 
of the duties of the Council. Members of the Council who 
are officers or employees of the United States shall serve 
without compensation in addition to that received for their 
services as officers or employees of the United States. 
‘‘(2) The members of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their 
homes or regular places of business in the performance 
of services for the board. 
‘‘(e) RESPONSIBILITIES.—The Council shall be re-
sponsible for the following matters: 
‘‘(1) Appointing certain personnel to the Sexual 
Assault Oversight and Response Office and advising 
the Sexual Assault Oversight and Response Office. 
‘‘(2) Appointing, in consultation with the Sec-
retary of Defense, the Director of Military Prosecu-
tions. 
‘‘(3) Appointing, in consultation with the Presi-
dent and the Secretary of Defense, the Executive Di-
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rector of the Sexual Assault Oversight and Response 
Office. 
‘‘(4) Reviewing each request of the Director of 
Military Prosecutions with respect to a case stem-
ming from a sexual-related offense that has been re-
ferred to an appellate court within the military or 
that has been referred to the Department of Justice. 
‘‘(5) Submitting to the Secretary of Defense, 
Congress, and the Attorney General a report on each 
request by the Director of Military Prosecutions for 
a referral to a higher court. 
‘‘(6) Advising the Sexual Assault Oversight and 
Response Office on— 
‘‘(A) the development of sexual assault re-
porting protocols; 
‘‘(B) the development of sexual assault 
risk-reduction and response training; 
‘‘(C) the development of sexual assault pol-
icy; and 
‘‘(D) the effectiveness of the Director of 
Military Prosecution.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘189. Sexual Assault Oversight and Response Council.’’. 
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SEC. 4. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVER-
SIGHT AND RESPONSE OFFICE. 
(a) IN GENERAL.—Chapter 4 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 145. Sexual Assault Oversight and Response Office 
‘‘(a) ESTABLISHMENT.—There is in the Department 
a Sexual Assault Oversight and Response Office (in this 
section referred to as the ‘Office’). The head of the Office 
is the Executive Director of the Sexual Assault Oversight 
and Response Office, who shall be appointed by the Sec-
retary of Defense, in consultation with the President. 
‘‘(b) RESPONSIBILITIES.—The Office shall be respon-
sible for the following: 
‘‘(1) Coordination with appropriate military 
criminal investigative organizations to carry out in-
vestigations of accusations of sexual assault. 
‘‘(2) Coordination and oversight of the provi-
sion of the three fundamental rights of victims of 
sexual assault, safety, security, and a place to com-
municate and to be validated. 
‘‘(3) Determining whether alleged victims or al-
leged perpetrators of sexual assault should be tem-
porarily reassigned to be separated from the alleged 
assailant. 
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‘‘(4) Establishing protocols to ensure that all 
reports of sexual assault are taken out of the chain 
of command and reported directly to the Office. 
‘‘(5) Providing instruction in referring alleged 
victims of sexual assault to the Office to the fol-
lowing personnel: 
‘‘(A) Sexual assault coordinators. 
‘‘(B) Sexual assault prevention and re-
sponse victim advocates. 
‘‘(C) Health care personnel. 
‘‘(D) Chaplains. 
‘‘(E) Unit commanders. 
‘‘(F) Investigators and law enforcement 
personnel. 
‘‘(G) Judge advocates. 
‘‘(6) Maintaining the Military Sexual Registry 
under section 563 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417). 
‘‘(c) COORDINATION OF TRAINING.—The Executive 
Director shall coordinate the training efforts of the Office 
with each of the military departments to ensure that all 
members of the Armed Forces receive— 
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‘‘(1) the contact information for the Sexual As-
sault Oversight and Response Office for purposes of 
reporting violations of sexual-related offenses; and 
‘‘(2) clear, written guidelines regarding who on 
the Sexual Assault Oversight and Response Office to 
contact, including the direct telephone number for a 
victims’ advocate, and what steps to take in the 
event of a sexual assault. 
‘‘(d) PERSONNEL.—For the purposes of carrying out 
the responsibilities of the Office, the Executive Director 
of the Sexual Assault Oversight and Response Office, in 
consultation with the Sexual Assault Response Council es-
tablished under section 188 of this title, may select, ap-
point, and employ such officers and employees as may be 
necessary, subject to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service, and the provisions of chapter 51 and subchapter 
III of chapter 53 of such title, relating to classification 
and General Schedule pay rates. 
‘‘(e) INSPECTOR GENERAL REVIEWS.—The Inspector 
General shall conduct case reviews of a statistically signifi-
cant number of cases involving allegations of sexual as-
sault on a quarterly basis to determine if proper proce-
dures were followed in accordance with the sexual assault 
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protocols and guidelines within the Sexual Assault Over-
sight and Response Office. 
‘‘(f) REPORT TO CONGRESS.—The Executive Direc-
tor shall submit to Congress an annual report on sexual 
assault in the Armed Forces. 
‘‘(g) DEFINITION OF MILITARY CRIMINAL INVES-
TIGATIVE ORGANIZATION.—In this section, the term ‘mili-
tary criminal investigative organization’ means the Army 
Criminal Investigation Command, the Naval Criminal In-
vestigative Service, and the Air Force Office of Special In-
vestigations.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘145. Sexual Assault Oversight and Response Office.’’. 
(c) TRANSFER
OF FUNCTION.—All functions and 
personnel of the Sexual Assault Prevention and Response 
Office of the Department of Defense, as of the date of 
the enactment of this Act, shall be transferred to the Sex-
ual Assault Oversight and Response Office established by 
section 145 of title 10, United States Code, as added by 
subsection (a). 
SEC. 5. DIRECTOR OF MILITARY PROSECUTIONS. 
(a) IN GENERAL.—Chapter 47 of title 10, United 
States Code, is amended by inserting after section 940 the 
following new section: 
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‘‘§ 940A. Art. 140A. Director of Military Prosecutions 
‘‘(a) APPOINTMENT.—There is a Director of Military 
Prosecutions who shall be appointed by the Sexual Assault 
Oversight and Response Council established under section 
189 of this title. 
‘‘(b) RESPONSIBILITIES.—(1) Notwithstanding any 
other provision of this chapter, the Director of Military 
Prosecutions shall have independent and final authority 
to oversee the prosecution of all sexual-related offenses 
committed by a member of the armed forces. 
‘‘(2) The Director of Military Prosecutions shall refer 
sexual-related offenses to be tried by courts-martial. The 
Director may consult with relevant commanding officers 
and refer less serious offenses, as determined by the Direc-
tor, to a commanding officer for non-judicial punishment 
pursuant to section 815 of this title (article 15). 
‘‘(3) The Director of Military Prosecutions shall be 
the convening authority for all sexual-related offenses and 
shall determine the type of court-martial to which each 
such case will be referred. Members of a court-martial 
shall be selected by a court-martial administrator at the 
request of the Director. 
‘‘(c) SEXUAL-RELATED OFFENSE.—In this section, 
the term ‘sexual-related offense’ means— 
‘‘(1) rape; 
‘‘(2) sexual assault; 
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‘‘(3) aggravated sexual contact; 
‘‘(4) abusive sexual contact; 
‘‘(5) indecent assault; 
‘‘(6) nonconsensual sodomy; 
‘‘(7) any other sexual-related offense the Sec-
retary of Defense determines should be covered by 
this section; and 
‘‘(8) an attempt to commit an offense described 
in a preceding paragraph.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 940 the following new 
item: 
‘‘940A. Art. 140A. Director of Military Prosecutions.’’. 
Æ 
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