I 
113TH CONGRESS 
1ST SESSION H. R. 2207 
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 23, 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. Participation by complaining witnesses in clemency phase of courts-mar-
tial process. 
Sec. 4. 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. 5. Defense counsel interview of complaining witnesses in presence of trial 
counsel or outside counsel. 
Sec. 6. Elimination of five-year statute of limitations on trial by court-martial 
for additional offenses involving sex-related crimes. 
Sec. 7. 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. 8. Briefings of commanding officers following unrestricted reports of sex-
ual assault on members of the Armed Forces. 
Sec. 9. Victims’ Counsel for victims of sex-related offenses committed by mem-
bers of the Armed Forces and related provisions. 
Sec. 10. Secretary of Defense report on sentencing reform. 
Sec. 11. 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: 
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‘‘(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. 
‘‘(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 qualifying of-
fense, 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 qualifying offense, to a finding of guilty to an of-
fense 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 qualifying 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)(i) In this paragraph, the term ‘qualifying of-
fense’ means, except as provided in clause (ii), an offense 
under this chapter for which— 
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‘‘(I) the maximum sentence of confinement that 
may be adjudged does not exceed two years; and 
‘‘(II) the sentence adjudged does not include 
dismissal, a dishonorable or bad-conduct discharge, 
or confinement for more than six months. 
‘‘(ii) Such term does not include the following: 
‘‘(I) An offense under section 920 of this title 
(article 120). 
‘‘(II) An offense under section 928 of this title 
(article 128), if such offense consisted of assault 
consummated by battery upon child under 16 years 
of age. 
‘‘(III) An offense under section 934 of this title 
(article 134), if such offense consisted of indecent 
language communicated to child under the age of 16 
years. 
‘‘(IV) Such other offenses as the Secretary of 
Defense may prescribe by regulation.’’. 
(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: 
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‘‘(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 
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: 
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‘‘(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 
60) shall apply to any decision by the convening authority 
or such person to suspend the execution of any sentence 
or part thereof under this subsection.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date of 
the enactment of this Act and shall apply with respect to 
findings and sentences of courts-martial reported to con-
vening authorities under section 860 of title 10, United 
States Code (article 60 of the Uniform Code of Military 
Justice), as amended by this section, on or after that ef-
fective date. 
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SEC. 3. PARTICIPATION BY COMPLAINING WITNESSES IN 
CLEMENCY 
PHASE 
OF 
COURTS-MARTIAL 
PROCESS. 
Section 860(b) of title 10, United States Code (article 
60(b) of the Uniform Code of Military Justice), is amend-
ed by adding at the end the following new paragraphs: 
‘‘(5)(A) If an accused elects to submit matters for 
consideration by the convening authority under this sub-
section, a copy of any portion of such matters that refers 
to a complaining witness shall be provided to the com-
plaining witness before the convening authority takes any 
action on the findings or sentence under this section. 
‘‘(B)(i) Upon receipt of matters under this para-
graph, a complaining witness shall have 10 days to submit 
materials in response to such matters to the convening au-
thority. 
‘‘(ii) If a complaining witness shows that additional 
time is required for submission of materials under this 
subparagraph, the convening authority or other person 
taking action under this section, for good cause, may ex-
tend the applicable period for submission of such materials 
for not more than an additional 20 days. 
‘‘(6) In any case in which findings and sentence have 
been adjudged for an offense involving a complaining wit-
ness, the complaining witness shall be provided an oppor-
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tunity to submit matters to the convening authority for 
consideration prior to taking action under this section. 
‘‘(7) The convening authority shall not consider 
under this section any submitted matters that go to the 
character of a complaining witness unless such matters 
were presented at the court-martial.’’. 
SEC. 4. MANDATORY DISCHARGE OR DISMISSAL FOR CER-
TAIN SEX-RELATED OFFENSES UNDER THE 
UNIFORM CODE OF MILITARY JUSTICE AND 
TRIAL OF SUCH OFFENSES BY GENERAL 
COURTS-MARTIAL. 
(a) MANDATORY DISCHARGE
OR DISMISSAL RE-
QUIRED.— 
(1) IMPOSITION.—Section 856 of title 10, 
United States Code (article 56 of the Uniform Code 
of Military Justice) is amended— 
(A) by inserting ‘‘(a)’’ before ‘‘The punish-
ment’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b)(1) While a person subject to this chapter who 
is found guilty of an offense specified in paragraph (2) 
shall be punished as a general court-martial may direct, 
such punishment must include, at a minimum, dismissal 
or dishonorable discharge. 
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‘‘(2) Paragraph (1) applies to the following offenses: 
‘‘(A) An offense in violation of subsection (a) or 
(b) of section 920 (article 120(a) or (b)). 
‘‘(B) Forcible sodomy under section 925 of this 
title (article 125). 
‘‘(C) An attempt to commit an offense specified 
in subparagraph (A) or (B) that is punishable under 
section 880 of this title (article 80).’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 856. Art. 56. Maximum and minimum limits’’. 
(B) TABLE OF SECTIONS.—The table of 
sections at the beginning of subchapter VIII of 
chapter 47 of such title is amended by striking 
the item relating to section 856 and inserting 
the following new item: 
‘‘856. Art 56. Maximum and minimum limits.’’. 
(b) JURISDICTION LIMITED TO GENERAL COURTS- 
MARTIAL.—Section 818 of such title (article 18 of the 
Uniform Code of Military Justice) is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) in the third sentence, by striking ‘‘However, 
a general court-martial’’ and inserting the following: 
‘‘(b) A general court-martial’’; and 
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(3) by adding at the end the following new sub-
section: 
‘‘(c) Consistent with sections 819, 820, and 856(b) 
of this title (articles 19, 20, and 56(b)), only general 
courts-martial have jurisdiction over an offense specified 
in section 856(b)(2) of this title (article 56(b)(2)).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date of 
the enactment of this Act. 
SEC. 5. DEFENSE COUNSEL INTERVIEW OF COMPLAINING 
WITNESSES IN PRESENCE OF TRIAL COUNSEL 
OR OUTSIDE COUNSEL. 
Section 846 of title 10, United States Code (article 
46 of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a) OPPORTUNITY TO OBTAIN 
WITNESSES AND OTHER EVIDENCE.—’’before ‘‘The 
trial counsel’’; 
(2) by striking ‘‘Process issued’’ and inserting 
the following: 
‘‘(c) PROCESS.—Process issued’’; and 
(3) by inserting after subsection (a), as des-
ignated by paragraph (1), the following new sub-
section (b): 
‘‘(b) INTERVIEW OF COMPLAINING WITNESSES BY 
DEFENSE COUNSEL.—(1) Upon notice by trial counsel to 
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defense counsel of the name and address of the com-
plaining witness or witnesses trial counsel intends to call 
to testify in any portion of an investigation under section 
832 of this title (article 32) or a court-martial under this 
chapter, defense counsel shall make all requests to inter-
view any such complaining witness through trial counsel. 
‘‘(2) If requested by a complaining witness subject 
to a request for interview under paragraph (1), any inter-
view of the witness by defense counsel shall take place only 
in the presence of trial counsel, counsel for the witness, 
or outside counsel.’’. 
SEC. 6. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA-
TIONS ON TRIAL BY COURT-MARTIAL FOR AD-
DITIONAL 
OFFENSES 
INVOLVING 
SEX-RE-
LATED CRIMES. 
(a) INCLUSION OF ADDITIONAL OFFENSES.—Section 
843(a) of title 10, United States Code (article 43(a) of 
the Uniform Code of Military Justice) is amended by 
striking ‘‘rape, or rape of a child’’ and inserting ‘‘rape 
or sexual assault, or rape or sexual assault of a child’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
843(b)(2)(B)(i) of title 10, United States Code (article 
43(b)(2)(B)(i) of the Uniform Code of Military Justice) 
is amended by inserting before the period at the end the 
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following: ‘‘, unless the offense is covered by subsection 
(a)’’. 
(c) 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 an offense cov-
ered by section 920(b) or 920b(b) of title 10, United 
States Code (article 120(b) or 120b(b) of the Uniform 
Code of Military Justice) that is committed on or after 
that date. 
SEC. 7. CONSIDERATION OF NEED FOR, AND AUTHORITY 
TO PROVIDE FOR, TEMPORARY ADMINISTRA-
TIVE REASSIGNMENT OR REMOVAL OF A 
MEMBER ON ACTIVE DUTY WHO IS ACCUSED 
OF COMMITTING A SEXUAL ASSAULT OR RE-
LATED OFFENSE. 
(a) IN GENERAL.—Chapter 39 of title 10, United 
States Code, is amended by inserting after section 673 the 
following new section: 
‘‘§ 674. Temporary administrative reassignment or re-
moval of a member on active duty ac-
cused of committing a sexual assault or 
related offense 
‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND 
ACTION.—The Secretary concerned may provide guidance, 
within guidelines provided by the Secretary of Defense, for 
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commanders regarding their authority to make a timely 
determination, and to take action, regarding whether a 
member of the armed forces serving on active duty who 
is alleged to have committed a sexual assault or other sex- 
related offense covered by section 920, 920a, 920b, or 
920c of this title (article 120, 120a, 120b, or 120c of the 
Uniform Code of Military Justice) should be temporarily 
reassigned or removed from a position of authority or as-
signment, not as a punitive measure, but solely for the 
purpose of maintaining good order and discipline within 
the member’s unit. 
‘‘(b) TIME FOR DETERMINATIONS.—A determination 
described in subsection (a) may be made at any time after 
receipt of notification of an unrestricted report of a sexual 
assault or other sex-related offense that identifies the 
member as an alleged perpetrator.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 673 the following new 
item: 
‘‘674. Temporary administrative reassignment or removal of a member on active 
duty accused of committing a sexual assault or related of-
fense.’’. 
(c) ADDITIONAL TRAINING REQUIREMENT FOR COM-
MANDERS.—The Secretary of Defense shall provide for in-
clusion of information and discussion regarding the avail-
ability and use of the authority provided by section 674 
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of title 10, United States Code, as added by subsection 
(a), as part of the training for new and prospective com-
manders at all levels of command required by section 
585(b) of the National Defense Authorization Act for Fis-
cal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 
SEC. 8. BRIEFINGS OF COMMANDING OFFICERS FOL-
LOWING UNRESTRICTED REPORTS OF SEX-
UAL ASSAULT ON MEMBERS OF THE ARMED 
FORCES. 
(a) BRIEFINGS REQUIRED.—Not later than eight 
days after a member of the Armed Forces files an unre-
stricted report on a sexual assault of such member, the 
commanding officer of the member filing such report shall 
provide a briefing on such incident to the following: 
(1) The first colonel, or captain in the case of 
the Navy, in the chain of command of such member. 
(2) The first general or flag officer in the chain 
of command of such member. 
(b) ELEMENTS.— 
(1) IN GENERAL.—A briefing on an incident 
under subsection (a) shall include the following: 
(A) Information on the victim (other than 
the name of the victim). 
(B) Information on the alleged offender 
(other than the name of the alleged offender). 
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(C) The details of the incident. 
(D) Any actions taken in connection with 
the incident, including the following: 
(i) Referral of the victim to any serv-
ices available for members of the Armed 
Forces who are victims of sexual assault, 
including the date of each such referral. 
(ii) Any investigation of the incident, 
including the date of any significant action 
in connection any such investigation. 
(2) MODIFICATION.—The Secretary of Defense 
may modify the elements required in a briefing 
under this section if the Secretary determines that 
such modification will facilitate compliance of brief-
ings under this section with best practices for such 
briefing as identified by the Sexual Assault Preven-
tion and Response Office of the Department of De-
fense. 
(c) PREPARATION.—The collection and assembly of 
any information required for a briefing under this section 
shall be conducted by a Sexual Assault Response Coordi-
nator. Information required for a briefing may not be col-
lected or assembled through an investigation or interview 
of the victim by any commanding officer of the victim. 
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(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. 
SEC. 9. VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED 
OFFENSES COMMITTED BY MEMBERS OF THE 
ARMED FORCES AND RELATED PROVISIONS. 
(a) DESIGNATION AND DUTIES.— 
(1) IN
GENERAL.—Chapter 53 of title 10, 
United States Code, is amended by inserting after 
section 1044d the following new section: 
‘‘§ 1044e. Victims’ Counsel for victims of sex-related 
offenses committed by members of the 
armed forces 
‘‘(a) DESIGNATION; PURPOSES.—Under regulations 
prescribed by the Secretary of Defense, the Secretary con-
cerned shall designate legal counsel (to be known as ‘Vic-
tims’ Counsel’) for the purpose of providing legal assist-
ance to any member of the armed forces, any dependent 
of a member, or any other individual eligible for military 
legal assistance under section 1044 of this title, who is 
the victim of a sex-related offense, regardless of whether 
the allegation is restricted or unrestricted. 
‘‘(b) TYPES OF LEGAL ASSISTANCE.—The types of 
legal assistance contemplated by this subsection may in-
clude the following: 
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‘‘(1) Legal consultation regarding potential 
criminal liability of the victim stemming from or in 
relation to the circumstances surrounding the al-
leged sex-related offense and the victim’s right to 
seek military defense services. 
‘‘(2) Legal consultation regarding the Victim 
Witness Assistance Program (VWAP), including— 
‘‘(A) the rights and benefits afforded the 
victim; 
‘‘(B) the role of the Victim/Witness Advo-
cate or Liaison and what privileges do or do not 
exist between the victim and the Advocate or 
Liaison; and 
‘‘(C) the nature of communication made to 
the Victim/Witness Advocate or Liaison as op-
posed to communication made to the Legal As-
sistance Attorney. 
‘‘(3) Legal consultation regarding the potential 
for civil litigation against other parties (other than 
the Department of Defense). 
‘‘(4) Legal consultation regarding any pro-
ceedings of the military justice process that the vic-
tim may observe. 
‘‘(5) Legal consultation regarding the military 
justice system, including— 
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‘‘(A) the roles and responsibilities of the 
trial counsel, the defense counsel, and investiga-
tors; 
‘‘(B) any proceedings of the military jus-
tice process in which the victim may observe or 
participate as a witness or other party; 
‘‘(C) the Government’s authority to compel 
cooperation and testimony; and 
‘‘(D) the victim’s responsibility to testify, 
and other duties to the court. 
‘‘(6) Accompanying the victim at any pro-
ceedings in connection with the reporting, military 
investigation, and military prosecution of the alleged 
sex-related offense. 
‘‘(7) Legal consultation regarding— 
‘‘(A) services available from appropriate 
agencies or offices for emotional and mental 
health counseling and other medical services; 
‘‘(B) eligibility for and requirements for 
obtaining any available military and veteran 
benefits, such as transitional compensation ben-
efits found in section 1059 of this title and 
other State and Federal victims’ compensation 
programs; and 
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‘‘(C) the availability of, and any protec-
tions offered by, civilian and military restrain-
ing orders. 
‘‘(8) Legal consultation and assistance in per-
sonal civil legal matters in accordance with section 
1044 of this title. 
‘‘(9) Such other legal assistance as the Sec-
retary concerned may specify under this subsection. 
‘‘(c) QUALIFICATIONS.—An individual may not be 
designated as a Victims’ Counsel under this section unless 
the individual is— 
‘‘(1) a judge advocate or a civilian attorney 
serving as a legal assistance attorney who is a grad-
uate of an accredited law school and is a member of 
the bar of a Federal court or of the highest court 
of a State; and 
‘‘(2) is certified as competent to be designated 
as a Victims’ Counsel by the Judge Advocate Gen-
eral of the Armed Force of which the individual is 
a member. 
‘‘(d) 
ADMINISTRATIVE
RESPONSIBILITY.—Under 
such regulations as may be prescribed by the Secretary 
concerned, the Judge Advocate General (as defined in sec-
tion 801(1) of this title) under the jurisdiction of the Sec-
retary, and within the Marine Corps the Staff Judge Ad-
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vocate to the Commandant of the Marine Corps, is respon-
sible for the establishment and supervision of individuals 
designated as Victims’ Counsel. 
‘‘(e) SEX-RELATED OFFENSE DEFINED.—In this 
subsection, a ‘sex-related offense’ includes— 
‘‘(1) any offense covered by section 920, 920a, 
920b, 920c, or 925 (article 120, 120a, 120b, 120c, 
or 125 of the Uniform Code of Military Justice); or 
‘‘(2) an attempt to commit an offense specified 
in a paragraph (1) as punishable under section 880 
of this title (article 80 of the Uniform Code of Mili-
tary Justice). 
‘‘(f) AVAILABILITY OF VICTIMS’ COUNSEL.—A mem-
ber of the armed forces, or a dependent of a member, or 
any other individual eligible for military legal assistance 
under section 1044 of this title, who is the victim of an 
alleged sex-related offense shall be provided assistance by 
a Victims’ Counsel upon report of an allegation of a sex- 
related offense or at the time the victim seeks assistance 
from a Sexual Assault Response Coordinator, a Sexual As-
sault Victim Advocate, a military criminal investigator, a 
victim/witness liaison, a trial counsel, a healthcare pro-
vider, or any other personnel designated by the Secretary 
concerned for purposes of this subsection. The assistance 
of a Victims’ Counsel under this subsection shall be avail-
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able to a member or a dependent regardless of whether 
the member or dependent elects unrestricted or restricted 
reporting of the sex-related offense. The member or de-
pendent shall also be informed that the assistance of the 
Victims’ Counsel is an option and may be declined, in 
whole or in part, at any time.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1044d 
the following new item: 
‘‘1044e. Victims’ Counsel for victims of sexual assault-related offenses com-
mitted by members of the armed forces.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
1044(d)(2)(B) of this title is amended by striking 
‘‘and 1044d’’ and inserting ‘‘1044d, and 1044e’’. 
(b) ENHANCED TRAINING REQUIREMENT.—The Sec-
retary of each military department, and the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Department of the 
Navy, shall implement, within the guidelines provided by 
the Secretary of Defense, in-depth and advanced training 
for all military and civilian attorneys assigned under sec-
tion 1044 or 1044e of title 10, United States Code, to 
provide legal assistance to victims of sex-related offenses. 
(c) SECRETARY OF DEFENSE REPORTING REQUIRE-
MENT.— 
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(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense, in coordination with the Sec-
retary of Homeland Security with respect to the 
Coast Guard, shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a report outlining how the Armed 
Forces have implemented the requirements of sec-
tion 1044e of title 10, United States Code, as added 
by subsection (a). 
(2) ADDITIONAL SUBMISSION REQUIREMENT.— 
The report required by paragraph (1) shall also be 
submitted to the Independent Review Panels estab-
lished by section 576 of the National Defense Au-
thorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1758), and the Joint Services 
Committee on Military Justice. 
(d) ADDITIONAL DUTIES FOR INDEPENDENT RE-
VIEW PANEL.—The Independent Review Panel established 
by section 576(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1758) shall include as part of its duties the fol-
lowing: 
(1) An assessment of the roles, responsibilities, 
and authorities of the Victims’ Counsel to provide 
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legal assistance to victims of sex-related offenses 
under section 1044e of title 10, United States Code, 
as added by subsection (a). 
(2) An assessment of whether the roles, respon-
sibilities, and authorities of the Victims’ Counsel to 
provide legal assistance to victims of sex-related of-
fenses under such section should be expanded to in-
clude legal standing to represent the alleged victim 
during investigative and military justice proceedings 
in connection with the prosecution of a sex-related 
offense. 
SEC. 10. SECRETARY OF DEFENSE REPORT ON SEN-
TENCING REFORM. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port on sentencing guidelines and mandatory minimum 
sentencing provisions under the Uniform Code of Military 
Justice. 
(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include the following: 
(1) An assessment of the effects of mandatory 
minimum sentencing provisions under the Uniform 
Code of Military Justice on the goal of eliminating 
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unwarranted sentencing disparity and other goals of 
sentencing. 
(2) An assessment of the penalties imposed by 
the current mandatory minimum sentences in rela-
tion to the offenses for which imposed under the 
Uniform Code of Military Justice. 
(3) A description of the interaction between 
mandatory minimum sentencing provisions under the 
Uniform Code of Military Justice and plea agree-
ments. 
(4) An assessment of the appropriateness of 
statutorily mandated minimum sentencing provisions 
for additional serious offenses under the Uniform 
Code of Military Justice. 
(5) An assessment of the advisory sentencing 
guidelines used in civilian courts and whether it 
would be advisable to promulgate sentencing guide-
lines for use in courts-martial. 
(6) Any other information that the Secretary of 
Defense determines would contribute to a thorough 
assessment of sentencing guidelines and mandatory 
minimum sentencing provisions under the Uniform 
Code of Military Law. 
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