(2) REPORTING.—Subsection (c) of such sec-
tion, 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 in-
serting ‘‘shall, upon request,’’; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘a Special Victims’ Coun-
sel,’’ after ‘‘a Sexual Assault Victim Advocate,’’; 
and 
(B) by striking ‘‘or a trial counsel’’ and in-
serting ‘‘a trial counsel, a health care provider, 
or any other person designated by the Secretary 
of the military department concerned for pur-
poses of this paragraph’’. 
(d) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) HEADING
AMENDMENT.—The heading of 
such section is amended to read as follows: 
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‘‘§ 1565b. Victims of sexual assault: access to legal as-
sistance and services of Sexual Assault 
Coordinators, Sexual Assault Victim Ad-
vocates, 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 Sex-
ual Assault Coordinators, Sexual Assault Victim Advocates, 
and Special Victims’ Counsels.’’. 
SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL AS-
SAULT PREVENTION AND RESPONSE OFFICE 
FOR DEPARTMENT OF DEFENSE SEXUAL AS-
SAULT PREVENTION AND RESPONSE PRO-
GRAM. 
(a) IN GENERAL.—Section 1611(b) of the Ike Skel-
ton National Defense Authorization Act for Fiscal Year 
2011 (10 U.S.C. 1561 note) is amended by striking 
‘‘shall—’’ and all the 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 pro-
gram, including guidance and assistance for the 
military departments in addressing matters relating 
to sexual assault prevention and response. 
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‘‘(2) Serve as the single point of authority, ac-
countability, and oversight for the sexual assault 
prevention and response program. 
‘‘(3) Undertake responsibility for the oversight 
of the implementation of the sexual assault preven-
tion and response program by the Armed Forces. 
‘‘(4) Collect, maintain, and disseminate data of 
the military departments on sexual assault in ac-
cordance with section 1615. 
‘‘(5) Provide oversight to ensure that the mili-
tary 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 pre-
vention and response. 
‘‘(7) Oversee development of strategic program 
guidance and joint planning objectives for resources 
in support of the sexual assault prevention and re-
sponse program, and make recommendations on 
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modifications to policy, law, and regulations needed 
to ensure the continuing availability of such re-
sources. 
‘‘(8) Provide to the Secretary of Veterans Af-
fairs any records or documents on sexual assault in 
the Armed Forces, including restricted reports with 
the approval of the individuals who filed such re-
ports, that are required by the Secretary of Veterans 
Affairs for purposes of the administration of the 
laws administered by the Secretary of Veterans Af-
fairs.’’. 
(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 AS-
SAULT 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, in a manner consistent with the 
policy and procedures developed pursuant to section 
586 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 
1561 note), from each military department on a 
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quarterly and annual basis data of such military de-
partment on sexual assaults involving members of 
the Armed Forces. 
‘‘(2) Maintain data collected from the military 
departments under paragraph (1). 
‘‘(3) Assemble from the data collected each cal-
endar-year quarter under this section a quarterly re-
port on the involvement of members of the Armed 
Forces in incidents of sexual assault. 
‘‘(4) Develop metrics to measure the effective-
ness of, and compliance with, training and aware-
ness 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 re-
sponse, including, but not limited to, the annual re-
ports required by section 1631, and ensure that the 
submittals of the military departments for purposes 
of such reports include data within such cat-
egories.’’. 
(c) ELEMENT ON UNIT OF ACCUSED AND VICTIM IN 
CASE SYNOPSES IN ANNUAL REPORT ON SEXUAL AS-
SAULTS.— 
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(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 com-
mitting a sexual assault and the unit of each mem-
ber of the Armed Forces who is a victim of sexual 
assault.’’. 
(2) 
APPLICATION
OF
AMENDMENTS.—The 
amendments made by paragraph (1) shall apply be-
ginning with the report regarding sexual assaults in-
volving 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 
SEX-RELATED OFFENSES UNDER THE UNI-
FORM 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 
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section 830 (article 30) the following new section 
(article): 
‘‘§ 830a. Art. 30a. Sex-related offenses: disposition and 
other requirements 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this chapter, charges on offenses specified in sub-
section (b) shall be subject to the disposition requirements 
in subsection (c) and subject to the other requirements 
and limitations set forth in this section. 
‘‘(b) COVERED OFFENSES.—The charges on offenses 
specified in this subsection are charges on the offenses as 
follows: 
‘‘(1) Any offense covered by section 920 of this 
title (article 120). 
‘‘(2) An attempt to commit an offense specified 
in paragraph (1) or (2) 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 sub-
section (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 whom charges 
described in paragraph (1) would be referred under that 
paragraph is a member with direct supervisory authority 
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over the member alleged to have committed the offense, 
such charges shall be referred for disposition to a superior 
authority competent to convene general courts-martial. 
‘‘(d) VICTIM’S RIGHTS.—A victim of an offense speci-
fied 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 Coordi-
nator, 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. 
‘‘(e) AVAILABILITY OF WRIT OF MANDAMUS.—To 
seek enforcement of the rights accorded a victim under 
subsection (d), the victim may apply for a writ of man-
damus. The right shall first be asserted to the military 
judge in any court-martial proceeding in which the ac-
cused is being tried. The military judge shall take up and 
decide any motion asserting a victim’s right in this section. 
If the military judge denies the relief sought, the victim 
may petition the court of criminal appeals for a writ of 
mandamus. The Court of Criminal Appeals for an armed 
force has jurisdiction to grant relief sought under this 
paragraph. If the court of appeals denies the relief sought, 
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the reasons for the denial shall be clearly stated on the 
record in a written opinion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 
47 of such title (the Uniform Code of Military Jus-
tice) is amended by inserting after the item relating 
to section 830 (article 30) the following new item: 
‘‘830a. Art. 30a. Sex-related 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 re-
quirements in section 830a of title 10, United States Code 
(article 830a of the Uniform Code of Military Justice), 
as added by this section, including, in particular, section 
306 of the Manual relating to disposition of charges. 
SEC. 5. MODIFICATION OF AUTHORITIES AND RESPON-
SIBILITIES OF CONVENING AUTHORITIES IN 
TAKING ACTIONS ON THE FINDINGS AND 
SENTENCES OF COURTS-MARTIAL. 
(a) IN GENERAL.—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 adding at the end the 
following new sentence: ‘‘In taking such an action 
(other than an action to approve a sentence), the 
convening authority or other person taking such ac-
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tion shall prepare a written justification of such ac-
tion, which written justification shall be made a part 
of the record of the court-martial.’’; 
(2) in paragraph (3), by striking the second 
sentence; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(4) If a convening authority or other person acts 
on the findings of a court-martial, the convening authority 
or other person may not, except for a charge or specifica-
tion for a minor offense— 
‘‘(A) dismiss any charge or specification by set-
ting aside a finding of guilty thereto; or 
‘‘(B) change a finding of guilty to a charge or 
specification to a finding of guilty to an offense that 
is a lesser included offense of the offense stated in 
the charge or specification. 
‘‘(5) For purposes of this section (article), whether 
an offense is minor depends on the nature of the offense, 
the circumstances surrounding its commission, and the 
maximum sentence imposable for the offense if tried by 
general court-martial. Ordinarily, a minor offense is an 
offense for which the maximum sentence imposable would 
not include dismissal or a dishonorable discharge or con-
finement for longer than one year. The decision whether 
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an offense is minor is a matter of discretion of the con-
vening authority, except that no offense of a sexual nature 
may be considered minor.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, and shall apply with respect to findings and 
sentences of courts-martial reported to convening authori-
ties under section 860 of title 10, United States Code (ar-
ticle 60 of the Uniform Code of Military Justice), as so 
amended, on or after that date. 
SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE CO-
ORDINATORS FOR MEMBERS OF THE NA-
TIONAL GUARD. 
(a) AVAILABILITY IN EACH NATIONAL GUARD STATE 
AND TERRITORY.—Section 584(a) of the National De-
fense Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amend-
ed— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing 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 
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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 re-
source requirements of National Guard units within 
such State or Territory. Any additional Sexual As-
sault 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 STA-
TUS.—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 fol-
lowing 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 Re-
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sponse 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 As-
sault Response Coordinator assigned under paragraph (1) 
of that section.’’. 
Æ 
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