H. R. 3304—277 
SEC. 1612. AMENDMENTS RELATING TO PROCUREMENT TECHNICAL 
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM. 
(a) INCREASE IN GOVERNMENT SHARE.—Section 2413(b) of title 
10, United States Code, is amended— 
(1) by striking ‘‘one-half’’ both places it appears and 
inserting ‘‘65 percent’’; and 
(2) by striking ‘‘three-fourths’’ and inserting ‘‘75 percent’’. 
(b) INCREASE IN LIMITATIONS ON VALUE OF ASSISTANCE.—Sec-
tion 2414(a) of such title is amended— 
(1) in paragraphs (1) and (4), by striking ‘‘$600,000’’ and 
inserting ‘‘$750,000’’; 
(2) in paragraph (2), by striking ‘‘$300,000’’ and inserting 
‘‘$450,000’’; and 
(3) in paragraph (3), by striking ‘‘$150,000’’ and inserting 
‘‘$300,000’’. 
SEC. 1613. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS 
AWARDED TO SMALL BUSINESS CONCERNS. 
Subsection (h)(1) of section 15 of the Small Business Act (15 
U.S.C. 644) is amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) a remediation plan with proposed new practices 
to better meet such goals, including analysis of factors 
leading to any failure to achieve such goals.’’. 
SEC. 1614. CREDIT FOR CERTAIN SMALL BUSINESS SUBCONTRACTORS. 
(a) IN GENERAL.—Section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) is amended— 
(1) in paragraph (6)(D), by adding before the semicolon 
at the end the following: ‘‘, and assurances at a minimum 
that the offeror or bidder, and all subcontractors required to 
maintain subcontracting plans pursuant to this paragraph, 
will— 
‘‘(i) review and approve subcontracting plans submitted 
by their subcontractors; 
‘‘(ii) monitor subcontractor compliance with their 
approved subcontracting plans; 
‘‘(iii) ensure that subcontracting reports are submitted 
by their subcontractors when required; 
‘‘(iv) acknowledge receipt of their subcontractors’ 
reports; 
‘‘(v) compare the performance of their subcontractors 
to subcontracting plans and goals; and 
‘‘(vi) discuss performance with subcontractors when 
necessary to ensure their subcontractors make a good faith 
effort to comply with their subcontracting plans’’; 
(2) in paragraph (6)(F), by striking ‘‘and’’ at the end; 
(3) by redesignating subparagraph (G) of paragraph (6) 
as subparagraph (H), and inserting after subparagraph (F) 
of paragraph (6) the following new subparagraph (G): 
‘‘(G) a recitation of the types of records the successful 
offeror or bidder will maintain to demonstrate procedures which 
have been adopted to ensure subcontractors at all tiers comply
H. R. 3304—278 
with the requirements and goals set forth in the plan estab-
lished in accordance with subparagraph (D) of this paragraph, 
including— 
‘‘(i) the establishment of source lists of small business 
concerns, small business concerns owned and controlled 
by veterans, small business concerns owned and controlled 
by service-disabled veterans, qualified HUBZone small 
business concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
uals, and small business concerns owned and controlled 
by women; and 
‘‘(ii) efforts to identify and award subcontracts to such 
small business concerns; and’’; 
(4) by adding at the end the following: 
‘‘(16) CREDIT FOR CERTAIN SUBCONTRACTORS.— 
‘‘(A) For purposes of determining whether or not a prime 
contractor has attained the percentage goals specified in para-
graph (6)— 
‘‘(i) if the subcontracting goals pertain only to a single 
contract with the executive agency, the prime contractor 
shall receive credit for small business concerns performing 
as first tier subcontractors or subcontractors at any tier 
pursuant to the subcontracting plans required under para-
graph (6)(D) in an amount equal to the dollar value of 
work awarded to such small business concerns; and 
‘‘(ii) if the subcontracting goals pertain to more than 
one contract with one or more executive agencies, or to 
one contract with more than one executive agency, the 
prime contractor may only count first tier subcontractors 
that are small business concerns. 
‘‘(B) Nothing in this paragraph shall abrogate the responsi-
bility of a prime contractor to make a good-faith effort to 
achieve the first tier small business subcontracting goals nego-
tiated under paragraph (6)(A), or the requirement for sub-
contractors with further opportunities for subcontracting to 
make a good-faith effort to achieve the goals established under 
paragraph (6)(D).’’. 
(b) DEFINITIONS PERTAINING TO SUBCONTRACTING.—Section 3 
of the Small Business Act (15 U.S.C. 632) is amended by adding 
at the end the following: 
‘‘(dd) DEFINITIONS PERTAINING TO SUBCONTRACTING.—In this 
Act: 
‘‘(1) SUBCONTRACT.—The term ‘subcontract’ means a legally 
binding agreement between a contractor that is already under 
contract to another party to perform work, and a third party, 
hereinafter referred to as the subcontractor, for the subcon-
tractor to perform a part, or all, of the work that the contractor 
has undertaken. 
‘‘(2) FIRST TIER SUBCONTRACTOR.—The term ‘first tier sub-
contractor’ means a subcontractor who has a subcontract 
directly with the prime contractor. 
‘‘(3) AT ANY TIER.—The term ‘at any tier’ means any subcon-
tractor other than a subcontractor who is a first tier subcon-
tractor.’’. 
(c) IMPLEMENTATION AND EFFECTIVE DATE.— 
(1) REQUIREMENT FOR PLAN.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator of
H. R. 3304—279 
the Small Business Administration, the Secretary of Defense, 
and the Administrator of General Services shall submit to 
the Committee on Small Business and the Committee on Armed 
Services of the House of Representatives and the Committee 
on Small Business and Entrepreneurship and the Committee 
on Armed Services of the Senate a plan to implement this 
section and the amendments made by this section. The plan 
shall contain assurances that the appropriate tracking mecha-
nisms are in place to enable transparency of subcontracting 
activities at all tiers. 
(2) COMPLETION
OF
PLAN
ACTIONS.—Not later than one 
year after the date of the enactment of this Act, the Adminis-
trator of the Small Business Administration, the Secretary 
of Defense, and the Administrator of General Services shall 
complete the actions required by the plan. 
(3) REGULATIONS.—No later than 18 months after the date 
of the enactment of this Act, the Administrator of the Small 
Business Administration shall promulgate any regulations nec-
essary, and the Federal Acquisition Regulation shall be revised, 
to implement this section and the amendments made by this 
section. 
(4) APPLICABILITY.—Any regulations promulgated pursuant 
to paragraph (3) shall apply to contracts entered into after 
the last day of the fiscal year in which the regulations are 
promulgated. 
SEC. 1615. INAPPLICABILITY OF REQUIREMENT TO REVIEW AND JUS-
TIFY CERTAIN CONTRACTS. 
In the case of a contract to which the provisions of section 
46 of the Small Business Act (15 U.S.C. 657s) apply, the require-
ments under section 802 of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1824; 
10 U.S.C. 2304 note) do not apply. 
TITLE XVII—SEXUAL ASSAULT PREVEN-
TION AND RESPONSE AND RELATED 
REFORMS 
Subtitle A—Reform of Uniform Code of Military Justice 
Sec. 1701. Extension of crime victims’ rights to victims of offenses under the Uni-
form Code of Military Justice. 
Sec. 1702. Revision of Article 32 and Article 60, Uniform Code of Military Justice. 
Sec. 1703. Elimination of five-year statute of limitations on trial by court-martial 
for additional offenses involving sex-related crimes. 
Sec. 1704. Defense counsel interview of victim of an alleged sex-related offense in 
presence of trial counsel, counsel for the victim, or a Sexual Assault Vic-
tim Advocate. 
Sec. 1705. Discharge or dismissal for certain sex-related offenses and trial of such 
offenses by general courts-martial. 
Sec. 1706. Participation by victim in clemency phase of courts-martial process. 
Sec. 1707. Repeal of the offense of consensual sodomy under the Uniform Code of 
Military Justice. 
Sec. 1708. Modification of Manual for Courts-Martial to eliminate factor relating to 
character and military service of the accused in rule on initial disposi-
tion of offenses. 
Sec. 1709. Prohibition of retaliation against members of the Armed Forces for re-
porting a criminal offense.
H. R. 3304—280 
Subtitle B—Other Amendments to Title 10, United States Code 
Sec. 1711. Prohibition on service in the Armed Forces by individuals who have been 
convicted of certain sexual offenses. 
Sec. 1712. Issuance of regulations applicable to the Coast Guard regarding consid-
eration of request for permanent change of station or unit transfer by 
victim of sexual assault. 
Sec. 1713. Temporary administrative reassignment or removal of a member of the 
Armed Forces on active duty who is accused of committing a sexual as-
sault or related offense. 
Sec. 1714. Expansion and enhancement of authorities relating to protected commu-
nications of members of the Armed Forces and prohibited retaliatory ac-
tions. 
Sec. 1715. Inspector General investigation of allegations of retaliatory personnel ac-
tions taken in response to making protected communications regarding 
sexual assault. 
Sec. 1716. Designation and availability of Special Victims’ Counsel for victims of 
sex-related offenses. 
Subtitle C—Amendments to Other Laws 
Sec. 1721. Tracking of compliance of commanding officers in conducting organiza-
tional climate assessments for purposes of preventing and responding to 
sexual assaults. 
Sec. 1722. Advancement of submittal deadline for report of independent panel on 
assessment of military response systems to sexual assault. 
Sec. 1723. Retention of certain forms in connection with Restricted Reports and 
Unrestricted Reports on sexual assault involving members of the Armed 
Forces. 
Sec. 1724. Timely access to Sexual Assault Response Coordinators by members of 
the National Guard and Reserves. 
Sec. 1725. Qualifications and selection of Department of Defense sexual assault 
prevention and response personnel and required availability of Sexual 
Assault Nurse Examiners. 
Sec. 1726. Additional responsibilities of Sexual Assault Prevention and Response 
Office for Department of Defense sexual assault prevention and re-
sponse program. 
Subtitle D—Studies, Reviews, Policies, and Reports 
Sec. 1731. Independent reviews and assessments of Uniform Code of Military Jus-
tice and judicial proceedings of sexual assault cases. 
Sec. 1732. Review and policy regarding Department of Defense investigative prac-
tices in response to allegations of Uniform Code of Military Justice vio-
lations. 
Sec. 1733. Review of training and education provided members of the Armed Forces 
on sexual assault prevention and response. 
Sec. 1734. Report on implementation of Department of Defense policy on the reten-
tion of and access to evidence and records relating to sexual assaults in-
volving members of the Armed Forces. 
Sec. 1735. Review of the Office of Diversity Management and Equal Opportunity 
role in sexual harassment cases. 
Subtitle E—Other Matters 
Sec. 1741. Enhanced protections for prospective members and new members of the 
Armed Forces during entry-level processing and training. 
Sec. 1742. Commanding officer action on reports on sexual offenses involving mem-
bers of the Armed Forces. 
Sec. 1743. Eight-day incident reporting requirement in response to unrestricted re-
port of sexual assault in which the victim is a member of the Armed 
Forces. 
Sec. 1744. Review of decisions not to refer charges of certain sex-related offenses 
for trial by court-martial. 
Sec. 1745. Inclusion and command review of information on sex-related offenses in 
personnel service records of members of the Armed Forces. 
Sec. 1746. Prevention of sexual assault at military service academies. 
Sec. 1747. Required notification whenever members of the Armed Forces are com-
pleting Standard Form 86 of the Questionnaire for National Security Po-
sitions. 
Subtitle F—Sense of Congress Provisions 
Sec. 1751. Sense of Congress on commanding officer responsibility for command cli-
mate free of retaliation.
H. R. 3304—281 
Sec. 1752. Sense of Congress on disposition of charges involving certain sexual mis-
conduct offenses under the Uniform Code of Military Justice through 
courts-martial. 
Sec. 1753. Sense of Congress on the discharge in lieu of court-martial of members 
of the Armed Forces who commit sex-related offenses. 
Subtitle A—Reform of Uniform Code of 
Military Justice 
SEC. 1701. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VICTIMS OF 
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUS-
TICE. 
(a) VICTIMS’ RIGHTS.— 
(1) IN GENERAL.—Subchapter I of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
is amended by adding at the end the following new section 
(article): 
‘‘§ 806b. Art. 6b. Rights of the victim of an offense under 
this chapter 
‘‘(a) RIGHTS
OF
A
VICTIM
OF
AN
OFFENSE
UNDER
THIS 
CHAPTER.—A victim of an offense under this chapter has the fol-
lowing rights: 
‘‘(1) The right to be reasonably protected from the accused. 
‘‘(2) The right to reasonable, accurate, and timely notice 
of any of the following: 
‘‘(A) A public hearing concerning the continuation of 
confinement prior to trial of the accused. 
‘‘(B) A preliminary hearing under section 832 of this 
title (article 32) relating to the offense. 
‘‘(C) A court-martial relating to the offense. 
‘‘(D) A public proceeding of the service clemency and 
parole board relating to the offense. 
‘‘(E) The release or escape of the accused, unless such 
notice may endanger the safety of any person. 
‘‘(3) The right not to be excluded from any public hearing 
or proceeding described in paragraph (2) unless the military 
judge or investigating officer, as applicable, after receiving clear 
and convincing evidence, determines that testimony by the 
victim of an offense under this chapter would be materially 
altered if the victim heard other testimony at that hearing 
or proceeding. 
‘‘(4) The right to be reasonably heard at any of the fol-
lowing: 
‘‘(A) A public hearing concerning the continuation of 
confinement prior to trial of the accused. 
‘‘(B) A sentencing hearing relating to the offense. 
‘‘(C) A public proceeding of the service clemency and 
parole board relating to the offense. 
‘‘(5) The reasonable right to confer with the counsel rep-
resenting the Government at any proceeding described in para-
graph (2). 
‘‘(6) The right to receive restitution as provided in law. 
‘‘(7) The right to proceedings free from unreasonable delay. 
‘‘(8) The right to be treated with fairness and with respect 
for the dignity and privacy of the victim of an offense under 
this chapter.
H. R. 3304—282 
‘‘(b) VICTIM OF AN OFFENSE UNDER THIS CHAPTER DEFINED.— 
In this section, the term ‘victim of an offense under this chapter’ 
means a person who has suffered direct physical, emotional, or 
pecuniary harm as a result of the commission of an offense under 
this chapter (the Uniform Code of Military Justice). 
‘‘(c) LEGAL GUARDIAN FOR CERTAIN VICTIMS.—In the case of 
a victim of an offense under this chapter who is under 18 years 
of age, incompetent, incapacitated, or deceased, the military judge 
shall designate a legal guardian from among the representatives 
of the estate of the victim, a family member, or other suitable 
person to assume the victim’s rights under this section. However, 
in no event may the person so designated be the accused. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section (article) 
shall be construed— 
‘‘(1) to authorize a cause of action for damages; or 
‘‘(2) to create, to enlarge, or to imply any duty or obligation 
to any victim of an offense under this chapter or other person 
for the breach of which the United States or any of its officers 
or employees could be held liable in damages.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of chapter 47 of such title (the Uni-
form Code of Military Justice) is amended by adding at the 
end the following new item: 
‘‘806b. Art. 6b. Rights of the victim of an offense under this chapter.’’. 
(b) IMPLEMENTATION.— 
(1) ISSUANCE.—Not later than one year after the date of 
the enactment of this Act— 
(A) the Secretary of Defense shall recommend to the 
President changes to the Manual for Courts-Martial to 
implement section 806b of title 10, United States Code 
(article 6b of the Uniform Code of Military Justice), as 
added by subsection (a); and 
(B) the Secretary of Defense and Secretary of Home-
land Security (with respect to the Coast Guard when it 
is not operating as a service in the Navy) shall prescribe 
such regulations as each such Secretary considers appro-
priate to implement such section. 
(2) 
MECHANISMS
FOR
AFFORDING
RIGHTS.—The 
rec-
ommendations and regulations required by paragraph (1) shall 
include the following: 
(A) Mechanisms for ensuring that victims are notified 
of, and accorded, the rights specified in section 806b of 
title 10, United States Code (article 6b of the Uniform 
Code of Military Justice), as added by subsection (a). 
(B) Mechanisms for ensuring that members of the 
Armed Forces and civilian personnel of the Department 
of Defense and the Coast Guard make their best efforts 
to ensure that victims are notified of, and accorded, the 
rights specified in such section. 
(C) Mechanisms for the enforcement of such rights, 
including mechanisms for application for such rights and 
for consideration and disposition of applications for such 
rights. 
(D) The designation of an authority within each Armed 
Force to receive and investigate complaints relating to the 
provision or violation of such rights.
H. R. 3304—283 
(E) Disciplinary sanctions for members of the Armed 
Forces and other personnel of the Department of Defense 
and Coast Guard who willfully or wantonly fail to comply 
with requirements relating to such rights. 
SEC. 1702. REVISION OF ARTICLE 32 AND ARTICLE 60, UNIFORM CODE 
OF MILITARY JUSTICE. 
(a) USE OF PRELIMINARY HEARINGS.— 
(1) IN GENERAL.—Section 832 of title 10, United States 
Code (article 32 of the Uniform Code of Military Justice), is 
amended to read as follows: 
‘‘§ 832. Art. 32. Preliminary hearing 
‘‘(a) PRELIMINARY HEARING REQUIRED.—(1) No charge or speci-
fication may be referred to a general court-martial for trial until 
completion of a preliminary hearing. 
‘‘(2) The purpose of the preliminary hearing shall be limited 
to the following: 
‘‘(A) Determining whether there is probable cause to believe 
an offense has been committed and the accused committed 
the offense. 
‘‘(B) Determining whether the convening authority has 
court-martial jurisdiction over the offense and the accused. 
‘‘(C) Considering the form of charges. 
‘‘(D) Recommending the disposition that should be made 
of the case. 
‘‘(b) HEARING OFFICER.—(1) A preliminary hearing under sub-
section (a) shall be conducted by an impartial judge advocate cer-
tified under section 827(b) of this title (article 27(b)) whenever 
practicable or, in exceptional circumstances in which the interests 
of justice warrant, by an impartial hearing officer who is not a 
judge advocate. If the hearing officer is not a judge advocate, 
a judge advocate certified under section 827(b) of this title (article 
27(b)) shall be available to provide legal advice to the hearing 
officer. 
‘‘(2) Whenever practicable, when the judge advocate or other 
hearing officer is detailed to conduct the preliminary hearing, the 
officer shall be equal to or senior in grade to military counsel 
detailed to represent the accused or the Government at the prelimi-
nary hearing. 
‘‘(c) REPORT
OF RESULTS.—After conducting a preliminary 
hearing under subsection (a), the judge advocate or other officer 
conducting the preliminary hearing shall prepare a report that 
addresses the matters specified in subsections (a)(2) and (f). 
‘‘(d) RIGHTS OF ACCUSED AND VICTIM.—(1) The accused shall 
be advised of the charges against the accused and of the accused’s 
right to be represented by counsel at the preliminary hearing under 
subsection (a). The accused has the right to be represented at 
the preliminary hearing as provided in section 838 of this title 
(article 38) and in regulations prescribed under that section. 
‘‘(2) The accused may cross-examine witnesses who testify at 
the preliminary hearing and present additional evidence in defense 
and mitigation, relevant to the limited purposes of the hearing, 
as provided for in paragraph (4) and subsection (a)(2). 
‘‘(3) A victim may not be required to testify at the preliminary 
hearing. A victim who declines to testify shall be deemed to be 
not available for purposes of the preliminary hearing.
H. R. 3304—284 
‘‘(4) The presentation of evidence and examination (including 
cross-examination) of witnesses at a preliminary hearing shall be 
limited to the matters relevant to the limited purposes of the 
hearing, as provided in subsection (a)(2). 
‘‘(e) RECORDING
OF PRELIMINARY HEARING.—A preliminary 
hearing under subsection (a) shall be recorded by a suitable 
recording device. The victim may request the recording and shall 
have access to the recording as prescribed by the Manual for Courts- 
Martial. 
‘‘(f) EFFECT OF EVIDENCE OF UNCHARGED OFFENSE.—If evidence 
adduced in a preliminary hearing under subsection (a) indicates 
that the accused committed an uncharged offense, the hearing 
officer may consider the subject matter of that offense without 
the accused having first been charged with the offense if the 
accused— 
‘‘(1) is present at the preliminary hearing; 
‘‘(2) is informed of the nature of each uncharged offense 
considered; and 
‘‘(3) is afforded the opportunities for representation, cross- 
examination, and presentation consistent with subsection (d). 
‘‘(g) EFFECT OF VIOLATION.—The requirements of this section 
are binding on all persons administering this chapter, but failure 
to follow the requirements does not constitute jurisdictional error. 
‘‘(h) VICTIM DEFINED.—In this section, the term ‘victim’ means 
a person who— 
‘‘(1) is alleged to have suffered a direct physical, emotional, 
or pecuniary harm as a result of the matters set forth in 
a charge or specification being considered; and 
‘‘(2) is named in one of the specifications.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter VI of chapter 47 of such title is 
amended by striking the item relating to section 832 and 
inserting the following new item: 
‘‘832. Art 32. Preliminary hearing.’’. 
(b) ELIMINATION OF UNLIMITED COMMAND PREROGATIVE AND 
DISCRETION; IMPOSITION OF ADDITIONAL LIMITATIONS.—Subsection 
(c) of section 860 of title 10, United States Code (article 60 of 
the Uniform Code of Military Justice), is amended to read as follows: 
‘‘(c)(1) Under regulations of the Secretary concerned, a commis-
sioned officer commanding for the time being, a successor in com-
mand, or any person exercising general court-martial jurisdiction 
may act under this section in place of the convening authority. 
‘‘(2)(A) Action on the sentence of a court-martial shall be taken 
by the convening authority or by another person authorized to 
act under this section. Subject to regulations of the Secretary con-
cerned, such action may be taken only after consideration of any 
matters submitted by the accused under subsection (b) or after 
the time for submitting such matters expires, whichever is earlier. 
‘‘(B) Except as provided in paragraph (4), the convening 
authority or another person authorized to act under this section 
may approve, disapprove, commute, or suspend the sentence of 
the court-martial in whole or in part. 
‘‘(C) If the convening authority or another person authorized 
to act under this section acts to disapprove, commute, or suspend, 
in whole or in part, the sentence of the court-martial for an offense 
(other than a qualifying offense), the convening authority or other
H. R. 3304—285 
person shall provide, at that same time, a written explanation 
of the reasons for such action. The written explanation shall be 
made a part of the record of the trial and action thereon. 
‘‘(3)(A) Action on the findings of a court-martial by the con-
vening authority or by another person authorized to act under 
this section is not required. 
‘‘(B) If the convening authority or another person authorized 
to act under this section acts on the findings of a court-martial, 
the convening authority or other person— 
‘‘(i) may not dismiss any charge or specification, other 
than a charge or specification for a qualifying offense, by setting 
aside a finding of guilty thereto; or 
‘‘(ii) may not change a finding of guilty to a charge or 
specification, other than a charge or specification for a quali-
fying 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 the convening authority or another person authorized 
to act under this section acts on the findings to dismiss or change 
any charge or specification for an offense (other than a qualifying 
offense), the convening authority or other person shall provide, 
at that same time, a written explanation of the reasons for such 
action. The written explanation shall be made a part of the record 
of the trial and action thereon. 
‘‘(D)(i) In this subsection, the term ‘qualifying offense’ means, 
except in the case of an offense excluded pursuant to clause (ii), 
an offense under this chapter for which— 
‘‘(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 any of the following: 
‘‘(I) An offense under subsection (a) or (b) of section 920 
of this title (article 120). 
‘‘(II) An offense under section 920b or 925 of this title 
(articles 120b and 125). 
‘‘(III) Such other offenses as the Secretary of Defense may 
specify by regulation. 
‘‘(4)(A) Except as provided in subparagraph (B) or (C), the 
convening authority or another person authorized to act under 
this section may not disapprove, commute, or suspend in whole 
or in part an adjudged sentence of confinement for more than 
six months or a sentence of dismissal, dishonorable discharge, or 
bad conduct discharge. 
‘‘(B) Upon the recommendation of the trial counsel, in recogni-
tion of the substantial assistance by the accused in the investigation 
or prosecution of another person who has committed an offense, 
the convening authority or another person authorized to act under 
this section shall have the authority to disapprove, commute, or 
suspend the adjudged sentence in whole or in part, even with 
respect to an offense for which a mandatory minimum sentence 
exists. 
‘‘(C) If a pre-trial agreement has been entered into by the 
convening authority and the accused, as authorized by Rule for 
Courts–Martial 705, the convening authority or another person 
authorized to act under this section shall have the authority to
H. R. 3304—286 
approve, disapprove, commute, or suspend a sentence in whole 
or in part pursuant to the terms of the pre-trial agreement, subject 
to the following limitations for convictions of offenses that involve 
a mandatory minimum sentence: 
‘‘(i) If a mandatory minimum sentence of a dishonorable 
discharge applies to an offense for which the accused has been 
convicted, the convening authority or another person authorized 
to act under this section may commute the dishonorable dis-
charge to a bad conduct discharge pursuant to the terms of 
the pre-trial agreement. 
‘‘(ii) Except as provided in clause (i), if a mandatory min-
imum sentence applies to an offense for which the accused 
has been convicted, the convening authority or another person 
authorized to act under this section may not disapprove, other-
wise commute, or suspend the mandatory minimum sentence 
in whole or in part, unless authorized to do so under subpara-
graph (B).’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REFERENCES TO SOLE DISCRETION AND OTHER PERSONS 
AUTHORIZED TO ACT UNDER ARTICLE 60.—Section 860 of title 
10, United States Code (article 60 of the Uniform Code of 
Military Justice), is further amended— 
(A) in subsection (b)(2), by striking ‘‘or other person 
taking action under this section’’ and inserting ‘‘or another 
person authorized to act under this section’’; 
(B) in subsection (d), by striking ‘‘or other person taking 
action under this section’’ the first place it appears and 
inserting ‘‘or another person authorized to act under this 
section’’; 
(C) in subsection (e)(1), by striking ‘‘or other person 
taking action under this section, in his sole discretion,’’ 
and inserting ‘‘or another person authorized to act under 
this section’’; and 
(D) in subsection (e)(3), by striking ‘‘or other person 
taking action under this section’’ and inserting ‘‘or another 
person authorized to act under this section’’. 
(2) OTHER AUTHORITY FOR CONVENING AUTHORITY TO SUS-
PEND SENTENCE.—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 
another person authorized to act under this section to suspend 
the execution of any sentence or part thereof under this sub-
section.’’. 
(3) REFERENCES TO ARTICLE 32 INVESTIGATION.—(A) Section 
802(d)(1)(A) of such title (article 2(d)(1)(A) of the Uniform Code 
of Military Justice) is amended by striking ‘‘investigation under 
section 832’’ and inserting ‘‘a preliminary hearing under section 
832’’. 
(B) Section 834(a)(2) of such title (article 34(a)(2) of the 
Uniform Code of Military Justice) is amended by striking 
‘‘investigation under section 832 of this title (article 32) (if 
there is such a report)’’ and inserting ‘‘a preliminary hearing 
under section 832 of this title (article 32)’’. 
(C) Section 838(b)(1) of such title (article 38(b)(1) of the 
Uniform Code of Military Justice) is amended by striking ‘‘an
H. R. 3304—288 
counsel of the name of an alleged victim of an alleged sex-related 
offense who trial counsel intends to call to testify at a preliminary 
hearing under section 832 of this title (article 32) or a court- 
martial under this chapter, defense counsel shall make any request 
to interview the victim through trial counsel. 
‘‘(2) If requested by an alleged victim of an alleged sex-related 
offense who is subject to a request for interview under paragraph 
(1), any interview of the victim by defense counsel shall take place 
only in the presence of trial counsel, a counsel for the victim, 
or a Sexual Assault Victim Advocate. 
‘‘(3) In this subsection, the term ‘alleged sex-related offense’ 
means any allegation of— 
‘‘(A) a violation of section 920, 920a, 920b, 920c, or 925 
of this title (article 120, 120a, 120b, 120c, or 125); or 
‘‘(B) an attempt to commit an offense specified in a para-
graph (1) as punishable under section 880 of this title (article 
80).’’. 
SEC. 1705. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED 
OFFENSES AND TRIAL OF SUCH OFFENSES BY GENERAL 
COURTS-MARTIAL. 
(a) MANDATORY DISCHARGE OR DISMISSAL REQUIRED.— 
(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 punishment’’; 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, except 
as provided for in section 860 of this title (article 60). 
‘‘(2) Paragraph (1) applies to the following offenses: 
‘‘(A) An offense in violation of subsection (a) or (b) of 
section 920 of this title (article 120(a) or (b)). 
‘‘(B) Rape and sexual assault of a child under subsection 
(a) or (b) of section 920b of this title (article 120b). 
‘‘(C) Forcible sodomy under section 925 of this title (article 
125). 
‘‘(D) An attempt to commit an offense specified in subpara-
graph (A), (B), or (C) 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.—Sec-
tion 818 of title 10, United States Code (article 18 of the Uniform 
Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence;
H. R. 3304—289 
(2) in the third sentence, by striking ‘‘However, a general 
court-martial’’ and inserting the following: 
‘‘(b) A general court-martial’’; and 
(3) by adding at the end the following new subsection: 
‘‘(c) Consistent with sections 819, 820, and 856(b) of this title 
(articles 19, 20, and 56(b)), only general courts-martial have jurisdic-
tion 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, and apply to offenses specified in section 856(b)(2) of title 
10, United States Code (article 56(b)(2) of the Uniform Code of 
Military Justice), as added by subsection (a)(1), committed on or 
after that date. 
SEC. 1706. PARTICIPATION BY VICTIM IN CLEMENCY PHASE OF 
COURTS-MARTIAL PROCESS. 
(a) VICTIM SUBMISSION OF MATTERS FOR CONSIDERATION BY 
CONVENING AUTHORITY.—Section 860 of title 10, United States 
Code (article 60 of the Uniform Code of Military Justice), as 
amended by section 1702, is further amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d)(1) In any case in which findings and sentence have been 
adjudged for an offense that involved a victim, the victim shall 
be provided an opportunity to submit matters for consideration 
by the convening authority or by another person authorized to 
act under this section before the convening authority or such other 
person takes action under this section. 
‘‘(2)(A) Except as provided in subparagraph (B), the submission 
of matters under paragraph (1) shall be made within 10 days 
after the later of— 
‘‘(i) the date on which the victim has been given an authen-
ticated record of trial in accordance with section 854(e) of 
this title (article 54(e)); and 
‘‘(ii) if applicable, the date on which the victim has been 
given the recommendation of the staff judge advocate or legal 
officer under subsection (e). 
‘‘(B) In the case of a summary court-martial, the submission 
of matters under paragraph (1) shall be made within seven days 
after the date on which the sentence is announced. 
‘‘(3) If a victim shows that additional time is required for 
submission of matters under paragraph (1), the convening authority 
or other person taking action under this section, for good cause, 
may extend the submission period under paragraph (2) for not 
more than an additional 20 days. 
‘‘(4) A victim may waive the right under this subsection to 
make a submission to the convening authority or other person 
taking action under this section. Such a waiver shall be made 
in writing and may not be revoked. For the purposes of subsection 
(c)(2), the time within which a victim may make a submission 
under this subsection shall be deemed to have expired upon the 
submission of such waiver to the convening authority or such other 
person.
H. R. 3304—290 
‘‘(5) In this section, the term ‘victim’ means a person who 
has suffered a direct physical, emotional, or pecuniary loss as a 
result of a commission of an offense under this chapter (the Uniform 
Code of Military Justice) and on which the convening authority 
or other person authorized to take action under this section is 
taking action under this section.’’. 
(b) LIMITATIONS ON CONSIDERATION OF VICTIM’S CHARACTER.— 
Subsection (b) of section 860 of title 10, United States Code (article 
60 of the Uniform Code of Military Justice), is amended by adding 
at the end the following new paragraph: 
‘‘(5) The convening authority or other person taking action 
under this section shall not consider under this section any sub-
mitted matters that relate to the character of a victim unless 
such matters were presented as evidence at trial and not excluded 
at trial.’’. 
(c) CONFORMING AMENDMENT.—Subsection (b)(1) of section 860 
of title 10, United States Code (article 60 of the Uniform Code 
of Military Justice), is amended by striking ‘‘subsection (d)’’ and 
inserting ‘‘subsection (e)’’. 
SEC. 1707. REPEAL OF THE OFFENSE OF CONSENSUAL SODOMY UNDER 
THE UNIFORM CODE OF MILITARY JUSTICE. 
(a) RESTATEMENT OF ARTICLE 125 WITH CONSENSUAL SODOMY 
OMITTED.—Section 925 of title 10, United States Code (article 125 
of the Uniform Code of Military Justice), is amended to read as 
follows: 
‘‘§ 925. Art 125. Forcible sodomy; bestiality 
‘‘(a) FORCIBLE SODOMY.—Any person subject to this chapter 
who engages in unnatural carnal copulation with another person 
of the same or opposite sex by force or without the consent of 
the other person is guilty of forcible sodomy and shall be punished 
as a court-martial may direct. 
‘‘(b) BESTIALITY.—Any person subject to this chapter who 
engages in unnatural carnal copulation with an animal is guilty 
of bestiality and shall be punished as a court-martial may direct. 
‘‘(c) SCOPE OF OFFENSES.—Penetration, however slight, is suffi-
cient to complete an offense under subsection (a) or (b).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter X of chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), is amended by striking 
the item relating to section 925 (article 125) and inserting the 
following new item: 
‘‘925. Art 125. Forcible sodomy; bestiality.’’. 
SEC. 1708. MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO 
ELIMINATE FACTOR RELATING TO CHARACTER AND MILI-
TARY SERVICE OF THE ACCUSED IN RULE ON INITIAL 
DISPOSITION OF OFFENSES. 
Not later than 180 days after the date of the enactment of 
this Act, the discussion pertaining to Rule 306 of the Manual 
for Courts-Martial (relating to policy on initial disposition of 
offenses) shall be amended to strike the character and military 
service of the accused from the matters a commander should con-
sider in deciding how to dispose of an offense.
H. R. 3304—291 
SEC. 1709. PROHIBITION OF RETALIATION AGAINST MEMBERS OF THE 
ARMED FORCES FOR REPORTING A CRIMINAL OFFENSE. 
(a) REGULATIONS ON PROHIBITION OF RETALIATION.— 
(1) REGULATIONS
REQUIRED.—The Secretary of Defense 
shall prescribe regulations, or require the Secretaries of the 
military departments to prescribe regulations, that prohibit 
retaliation against an alleged victim or other member of the 
Armed Forces who reports a criminal offense. The regulations 
shall prescribe that a violation of the regulations is an offense 
punishable under section 892 of title 10, United States Code 
(article 92 of the Uniform Code of Military Justice). 
(2) DEADLINE.—The regulations required by this subsection 
shall be prescribed not later than 120 days after the date 
of the enactment of this Act. 
(b) RETALIATION AND PERSONNEL ACTION DESCRIBED.— 
(1) RETALIATION.—For purposes of the regulations required 
by subsection (a), the Secretary of Defense shall define retalia-
tion to include, at a minimum— 
(A) taking or threatening to take an adverse personnel 
action, or withholding or threatening to withhold a favor-
able personnel action, with respect to a member of the 
Armed Forces because the member reported a criminal 
offense; and 
(B) ostracism and such of acts of maltreatment, as 
designated by the Secretary of Defense, committed by peers 
of a member of the Armed Forces or by other persons 
because the member reported a criminal offense. 
(2) PERSONNEL ACTIONS.—For purposes of paragraph (1)(A), 
the Secretary of Defense shall define the personnel actions 
to be covered by the regulations. 
(c) REPORT ON SEPARATE PUNITIVE ARTICLE.—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 Services 
of the Senate and the House of Representatives a report setting 
forth the recommendations of the Secretary regarding whether 
chapter 47 of title 10, United States Code (the Uniform Code 
of Military Justice), should be amended to add a new punitive 
article to subchapter X of such chapter to prohibit retaliation 
against an alleged victim or other member of the Armed Forces 
who reports a criminal offense. 
Subtitle B—Other Amendments to Title 10, 
United States Code 
SEC. 1711. PROHIBITION ON SERVICE IN THE ARMED FORCES BY 
INDIVIDUALS WHO HAVE BEEN CONVICTED OF CERTAIN 
SEXUAL OFFENSES. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Chapter 37 of title 10, United States 
Code, is amended adding at the end the following new section: 
‘‘§ 657. Prohibition on service in the armed forces by individ-
uals convicted of certain sexual offenses 
‘‘(a) PROHIBITION ON COMMISSIONING OR ENLISTMENT.—A per-
son who has been convicted of an offense specified in subsection