172 
‘‘(C) In addition, if a mandatory minimum sentence 
does not exist for a charge and a pre-trial agreement has 
been entered into by the convening authority and the ac-
cused, as authorized by Rule for Court-Martial 705, the con-
vening authority or another person authorized to act under 
this section may take action to reduce, dismiss, or suspend 
an adjudged sentence of confinement in whole or in part 
pursuant to the terms of the pre-trial agreement.’’. 
(d) EXPLANATION FOR ANY DECISION DISAPPROVING, 
COMMUTING, 
OR
SUSPENDING
COURT-MARTIAL
SEN-
TENCE.—Section 860(c)(2) of title 10, United States Code 
(article 60(c)(2) of the Uniform Code of Military Justice), 
as amended by subsection (c)(1), is further amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) If the convening authority or another person au-
thorized to act under this section acts to disapprove, com-
mute, or suspend the sentence in whole or in part, the con-
vening 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.’’. 
(e) CONFORMING AMENDMENT TO OTHER AUTHORITY 
FOR CONVENING AUTHORITY TO SUSPEND SENTENCE.— 
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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 sub-
section (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 enact-
ment of this Act and shall apply with respect to findings 
and sentences of courts-martial reported to convening au-
thorities 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 effective date. 
SEC. 532. 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 
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174 
43(b)(2)(B)(i) of the Uniform Code of Military Justice) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, 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 covered 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. 533. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RE-
LATED OFFENSES AND TRIAL OF 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 Mili-
tary 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 
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175 
punishment must include, at a minimum, dismissal or dis-
honorable discharge. 
‘‘(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 sec-
tions 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 title 10, United States Code (ar-
ticle 18 of the Uniform Code of Military Justice) is amend-
ed— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
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176 
(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 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) ADDITIONAL DUTIES
FOR INDEPENDENT PAN-
ELS.— 
(1) RESPONSE
SYSTEMS
PANEL.—The inde-
pendent panel established by the Secretary of Defense 
under subsection (a)(1) of section 576 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub-
lic Law 112–239; 126 Stat. 1758) shall assess the ap-
propriateness of statutorily mandated minimum sen-
tencing provisions for additional offenses under the 
Uniform Code of Military Justice. The panel shall in-
clude the results of the assessment in the report re-
quired by subsection (c)(1) of such section. 
(2) JUDICIAL PROCEEDINGS PANEL.—The inde-
pendent panel established by the Secretary of Defense 
under subsection (a)(2) of section 576 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub-
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177 
lic Law 112–239; 126 Stat. 1758) shall assess the im-
plementation and effect of the mandatory minimum 
sentences established by section 856(b) of title 10, 
United States Code (article 56(b) of the Uniform Code 
of Military Justice), as added by subsection (a) of this 
section. The panel shall include the results of the as-
sessment in one of the reports required by subsection 
(c)(2)(B) of such section 576. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 180 days after the date of the enact-
ment 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 sub-
section (a)(1), committed after that date. 
SEC. 534. REGULATIONS REGARDING CONSIDERATION OF 
APPLICATION FOR PERMANENT CHANGE OF 
STATION OR UNIT TRANSFER BY VICTIMS OF 
SEXUAL ASSAULT. 
Section 673(b) of title 10, United States Code, is 
amended by striking ‘‘The Secretaries of the military de-
partments’’ and inserting ‘‘The Secretary concerned’’. 
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178 
SEC. 535. 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 accused 
of committing a sexual assault or related 
offense 
‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND AC-
TION.—The Secretary concerned may provide guidance, 
within guidelines provided by the Secretary of Defense, for 
commanders regarding their authority to make a timely de-
termination, and to take action, regarding whether a mem-
ber of the armed forces serving on active duty who is alleged 
to have committed a sexual assault or other sex-related of-
fense 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 re-
moved from a position of authority or assignment, not as 
a punitive measure, but solely for the purpose of maintain-
ing good order and discipline within the member’s unit. 
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179 
‘‘(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 mem-
ber 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 offense.’’. 
(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 
of title 10, United States Code, as added by subsection (a), 
as part of the training for new and prospective commanders 
at all levels of command required by section 585(b) of the 
National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 10 U.S.C. 1561 note). 
SEC. 536. VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED 
OFFENSES 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: 
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180 
‘‘§ 1044e. Victims’ Counsel for victims of sex-related of-
fenses 
‘‘(a) DESIGNATION; PURPOSES.—The Secretary con-
cerned shall designate legal counsel (to be known as ‘Vic-
tims’ Counsel’) for the purpose of providing legal assistance 
to an individual eligible for military legal assistance under 
section 1044 of this title who is the victim of an alleged 
sex-related offense, regardless of whether the report of that 
offense is restricted or unrestricted. 
‘‘(b) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— 
The types of legal assistance authorized by subsection (a) 
include the following: 
‘‘(1) Legal consultation regarding potential 
criminal liability of the victim stemming from or in 
relation to the circumstances surrounding the alleged 
sex-related offense and the victim’s right to seek mili-
tary defense services. 
‘‘(2) Legal consultation regarding the Victim 
Witness Assistance Program, including— 
‘‘(A) the rights and benefits afforded the vic-
tim; 
‘‘(B) the role of the Victim Witness Assist-
ance Program liaison and what privileges do or 
do not exist between the victim and the liaison; 
and 
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181 
‘‘(C) the nature of communication made to 
the liaison in comparison to communication 
made to a Victims’ Counsel or a legal assistance 
attorney under section 1044 of this title. 
‘‘(3) Legal consultation regarding the respon-
sibilities and support provided to the victim by the 
Sexual Assault Response Coordinator, a unit or in-
stallation Sexual Assault Victim Advocate or domestic 
abuse advocate, to include any privileges that may 
exist regarding communications between those persons 
and the victim. 
‘‘(4) Legal consultation regarding the potential 
for civil litigation against other parties (other than 
the Department of Defense). 
‘‘(5) Legal consultation regarding the military 
justice system, including— 
‘‘(A) the roles and responsibilities of the 
trial counsel, the defense counsel, and investiga-
tors; 
‘‘(B) any proceedings of the military justice 
process in which the victim may observe or par-
ticipate as a witness or other party; 
‘‘(C) the Government’s authority to compel 
cooperation and testimony; and 
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182 
‘‘(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 ob-
taining any available military and veteran bene-
fits, such as transitional compensation benefits 
found in section 1059 of this title and other 
State and Federal victims’ compensation pro-
grams; and 
‘‘(C) the availability of, and any protections 
offered by, civilian and military restraining or-
ders. 
‘‘(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 Secretary 
of Defense (or, in the case of the Coast Guard, the 
Secretary of the Department in which the Coast 
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183 
Guard is operating) may authorize in the regulations 
prescribed under subsection (g). 
‘‘(c) QUALIFICATIONS.—An individual may not be des-
ignated as a Victims’ Counsel under this section unless the 
individual— 
‘‘(1) meets the qualifications specified in section 
1044(d)(2) of this title; ; and 
‘‘(2) is certified as competent to be designated as 
a Victims’ Counsel by the Judge Advocate General of 
the Armed Force in which the judge advocate is a 
member or by which the civilian attorney is em-
ployed. 
‘‘(d) ADMINISTRATIVE
RESPONSIBILITY.—(1) Con-
sistent with the regulations prescribed under subsection (g), 
the Judge Advocate General (as defined in section 801(1) 
of this title) under the jurisdiction of the Secretary, and 
within the Marine Corps the Staff Judge Advocate to the 
Commandant of the Marine Corps, is responsible for the 
establishment and supervision of individuals designated as 
Victims’ Counsel. 
‘‘(2) The Secretary of Defense (and, in the case of the 
Coast Guard, the Secretary of the Department in which the 
Coast Guard is operating) shall conduct a periodic evalua-
tion of the Victims’ Counsel programs operated under this 
section. 
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184 
‘‘(e) AVAILABILITY OF VICTIMS’ COUNSEL.—(1) An in-
dividual eligible for military legal assistance under section 
1044 of this title who is the victim of an alleged sex-related 
offense shall be offered the option of receiving assistance 
from a Victims’ Counsel upon report of an alleged sex-re-
lated offense or at the time the victim seeks assistance from 
a Sexual Assault Response Coordinator, a Sexual Assault 
Victim Advocate, a military criminal investigator, a vic-
tim/witness liaison, a trial counsel, a healthcare provider, 
or any other personnel designated by the Secretary con-
cerned for purposes of this subsection. 
‘‘(2) The assistance of a Victims’ Counsel under this 
subsection shall be available to an individual eligible for 
military legal assistance under section 1044 of this title re-
gardless of whether the individual elects unrestricted or re-
stricted reporting of the alleged sex-related offense. The indi-
vidual shall also be informed that the assistance of a Vic-
tims’ Counsel may be declined, in whole or in part, but 
that declining such assistance does not preclude the indi-
vidual from subsequently requesting the assistance of a Vic-
tims’ Counsel. 
‘‘(f) ALLEGED SEX-RELATED OFFENSE DEFINED.—In 
this section, the term ‘alleged sex-related offense’ means any 
allegation of— 
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185 
‘‘(1) a violation of section 920, 920a, 920b, 920c, 
or 925 of ths title (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). 
‘‘(g) REGULATIONS.—The Secretary of Defense and the 
Secretary of the Department in which the Coast Guard is 
operating shall prescribe regulations to carry out this sec-
tion.’’. 
(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 sex-related offenses.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) QUALIFICATIONS
OF
PERSONS
PRO-
VIDING LEGAL ASSISTANCE.—Section 1044(d)(2) 
of such title is amended by inserting before the 
period at the end the following: ‘‘and, for pur-
poses of service as a Victims’ Counsel under sec-
tion 1044e of this title, meets the additional 
qualifications specified in subsection (c)(2) of 
such section.’’. 
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186 
(B) INCLUSION IN DEFINITION OF MILITARY 
LEGAL
ASSISTANCE.—Section 1044(d)(3)(B) of 
such title is amended by striking ‘‘and 1044d’’ 
and 
inserting 
‘‘1044d, 
1044e, 
and 
1565b(a)(1)(A)’’. 
(C) ACCESS
TO
LEGAL
ASSISTANCE
AND 
SERVICES.—Section 1565b(a)(1)(A) of such title 
is amended by striking ‘‘section 1044’’ and in-
serting ‘‘sections 1044 and 1044e’’. 
(4) IMPLEMENTATION.—Section 1044e of title 10, 
United States Code, as added by paragraph (1), shall 
be implemented within six months after the date of 
the enactment of this Act. 
(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, consistent with the guidelines pro-
vided under section 1044e of title 10, United States Code, 
as added by subsection (a), in-depth and advanced training 
for all military and civilian attorneys providing legal as-
sistance under section 1044 or 1044e of such to support vic-
tims of alleged sex-related offenses. 
(c) SECRETARY OF DEFENSE IMPLEMENTATION RE-
PORT.— 
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187 
(1) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Secretary 
of Homeland Security with respect to the Coast 
Guard, shall submit to the Committees on Armed 
Services and Commerce, Science, and Transportation 
of the Senate and the Committees on Armed Services 
and Transportation and Infrastructure of the House 
of Representatives a report describing how the Armed 
Forces will implement the requirements of section 
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 panel established 
by the Secretary of Defense under section 576(a)(1) of 
the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1758) and 
to the Joint Services Committee on Military Justice. 
(c) ADDITIONAL DUTIES
FOR INDEPENDENT PAN-
ELS.— 
(1) RESPONSE
SYSTEMS
PANEL.—The inde-
pendent panel established by the Secretary of Defense 
under subsection (a)(1) of section 576 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub-
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188 
lic Law 112–239; 126 Stat. 1758) shall conduct an 
assessment regarding whether the roles, responsibil-
ities, and authorities of Victims’ Counsel to provide 
legal assistance under section 1044e of title 10, 
United States Code, as added by subsection (a), to 
victims of alleged sex-related offenses should be ex-
panded to include legal standing to represent the vic-
tim during investigative and military justice pro-
ceedings in connection with the prosecution of the of-
fense. The panel shall include the results of the assess-
ment in the report required by subsection (c)(1) of 
such section. 
(2) JUDICIAL PROCEEDINGS PANEL.—The inde-
pendent panel established by the Secretary of Defense 
under subsection (a)(2) of section 576 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub-
lic Law 112–239; 126 Stat. 1758) shall conduct an 
assessment of the implementation and effect of section 
1044e of title 10, United States Code, as added by 
subsection (a), and make such recommendations for 
modification of such section 1044e as the panel con-
siders appropriate. The panel shall include the results 
of the assessment and its recommendations in one of 
the reports required by subsection (c)(2)(B) of such 
section 576. 
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189 
SEC. 537. INSPECTOR GENERAL INVESTIGATION OF ALLE-
GATIONS OF RETALIATORY PERSONNEL AC-
TIONS TAKEN IN RESPONSE TO MAKING PRO-
TECTED COMMUNICATIONS REGARDING SEX-
UAL ASSAULT. 
Section 1034(c)(2)(A) of title 10, United States Code, 
is amended by striking ‘‘sexual harassment or’’ and insert-
ing ‘‘rape, sexual assault, or other sexual misconduct in vio-
lation of sections 920 through 920c of this title (articles 120 
through 120c of the Uniform Code of Military Justice), sex-
ual harassment, or’’. 
SEC. 538. SECRETARY OF DEFENSE REPORT ON ROLE OF 
COMMANDERS IN MILITARY JUSTICE PROC-
ESS. 
Not later than 90 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 containing— 
(1) an assessment of the current role and au-
thorities of commanders in the administration of 
military justice and the investigation, prosecution, 
and adjudication of offenses under the Uniform Code 
of Military Justice; and 
(2) a recommendation by the Secretary of De-
fense regarding whether the role and authorities of 
commanders should be further modified or repealed. 
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190 
SEC. 539. REVIEW AND POLICY REGARDING DEPARTMENT 
OF DEFENSE INVESTIGATIVE PRACTICES IN 
RESPONSE 
TO 
ALLEGATIONS 
OF 
SEX-RE-
LATED OFFENSES. 
(a) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
conduct a review of the practices of the military criminal 
investigative organizations (Army Criminal Investigation 
Command, Naval Criminal Investigative Service, and Air 
Force Office of Special Investigation) regarding the inves-
tigation of alleged sex-related offenses involving members of 
the Armed Forces, including the extent to which the mili-
tary criminal investigative organizations make a rec-
ommendation regarding whether an allegation of a sex-re-
lated offense appears founded or unfounded. 
(b) POLICY.—After conducting the review required by 
subsection (a), the Secretary of Defense shall develop a uni-
form policy for the Armed Forces, to the extent practicable, 
regarding the use of case determinations to record the re-
sults of the investigation of a sex-related offense. In devel-
oping the policy, the Secretary shall consider the feasibility 
of adopting case determination methods, such as the uni-
form crime report, used by nonmilitary law enforcement 
agencies. 
(c) SEX-RELATED OFFENSE DEFINED.—In this sec-
tion, the term ‘‘sex-related offense’’ includes— 
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191 
(1) any offense covered by section 920, 920a, 
920b, 920c, or 925 of title 10, United States Code (ar-
ticle 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 
such title (article 80 of the Uniform Code of Military 
Justice). 
SEC. 540. UNIFORM TRAINING AND EDUCATION PROGRAMS 
FOR SEXUAL ASSAULT PREVENTION AND RE-
SPONSE PROGRAM. 
Section 585(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1434; 10 U.S.C. 1561 note) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘Not 
later than one year after the date of the enact-
ment of this Act, the Secretary of each military 
department shall develop a curriculum to pro-
vide sexual assault prevention and response 
training and education for members of the 
Armed Forces under the jurisdiction of the Sec-
retary and civilian employees of the military de-
partment’’ and inserting ‘‘Not later than June 
30, 2014, the Secretary of Defense shall develop 
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192 
a uniform curriculum to provide sexual assault 
prevention and response training and education 
for members of the Armed Forces and civilian 
employees of the Department of Defense’’; and 
(B) in the second sentence, by inserting ‘‘in-
cluding lesson plans to achieve core competencies 
and learning objectives,’’ after ‘‘curriculum,’’; 
and 
(2) in paragraph (3)— 
(A) by striking ‘‘CONSISTENT TRAINING.— 
The Secretary of Defense shall ensure’’ and in-
serting ‘‘UNIFORM TRAINING.—The Secretary of 
Defense shall require’’; and 
(B) by striking ‘‘consistent’’ and inserting 
‘‘uniform’’. 
SEC. 541. DEVELOPMENT OF SELECTION CRITERIA FOR AS-
SIGNMENT AS SEXUAL ASSAULT RESPONSE 
AND PREVENTION PROGRAM MANAGERS, SEX-
UAL ASSAULT RESPONSE COORDINATORS, 
SEXUAL ASSAULT VICTIM ADVOCATES, AND 
SEXUAL ASSAULT NURSE EXAMINERS-ADULT/ 
ADOLESCENT. 
(a) 
QUALIFICATIONS
FOR
ASSIGNMENT.—Section 
1602(e)(2) of the Ike Skelton National Defense Authoriza-
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193 
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 1561 note; 124 Stat. 4431) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by striking subparagraph (A) and inserting 
the following new subparagraphs: 
‘‘(A) the qualifications necessary for a mem-
ber of the Armed Forces or a civilian employee 
of the Department of Defense to be selected for 
assignment to duty as a Sexual Assault Response 
and Prevention Program Manager, Sexual As-
sault Response Coordinator, or Sexual Assault 
Victim Advocate, whether assigned to such duty 
on a full-time or part-time basis; 
‘‘(B) consistent with section 584(c) of the 
National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 1561 
note; 125 Stat. 1433), the training, certification, 
and status of members of the Armed Forces and 
civilian employees of the department assigned to 
duty as Sexual Assault Response and Prevention 
Program Managers, Sexual Assault Response Co-
ordinators, and Sexual Assault Victim Advocates 
for the Armed Forces; and’’. 
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194 
(b) ASSIGNMENT OF SEXUAL ASSAULT NURSE EXAM-
INERS-ADULT/ADOLESCENT
TO
CERTAIN
MILITARY 
UNITS.— 
(1) ASSIGNMENT TO CERTAIN MILITARY UNITS.— 
Section 584 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 
1561 note) is amended— 
(A) by redesignating subsections (c) and (d) 
as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) SEXUAL ASSAULT NURSE EXAMINERS-ADULT/AD-
OLESCENT.— 
‘‘(1) ASSIGNMENT
REQUIREMENTS.—The Sec-
retary of each military department shall assign at 
least one Sexual Assault Nurse Examiner-Adult/Ado-
lescent to each brigade or equivalent unit level of each 
armed force under the jurisdiction of that Secretary 
unless assignment to other units is determined to be 
more practicable and effective by the Secretary of De-
fense. The Secretary of the military department con-
cerned may assign additional Sexual Assault Nurse 
Examiners-Adult/Adolescent as necessary based on the 
demographics or needs of a military unit. The Sec-
retary of the military department concerned may 
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195 
waive the assignment requirement for a specific unit 
level if that Secretary determines that compliance will 
impose an undue burden, except that the Secretary 
shall notify Congress of each waiver and explain how 
compliance would impose an undue burden. 
‘‘(2) ELIGIBLE PERSONS.—On and after October 
1, 2015, only members of the armed forces and civil-
ian employees of the Department of Defense may be 
assigned to duty as a Sexual Assault Nurse Exam-
iner-Adult/Adolescent. The Secretary of the military 
department concerned may satisfy paragraph (1) 
through the assignment of additional personnel to a 
unit or by assigning the duties of a Sexual Assault 
Nurse Examiner-Adult/Adolescent to current per-
sonnel of the unit, so long as such personnel meet the 
training and certification requirements of subsection 
(d).’’. 
(2) TRAINING AND CERTIFICATION.—Subsection 
(d) of such section, as redesignated by paragraph 
(1)(A), is amended— 
(A) in paragraph (1), by striking ‘‘assigned 
under subsection (a) and Sexual Assault Victim 
Advocates assigned under subsection (b)’’ and in-
serting ‘‘, Sexual Assault Victim Advocates, and 
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196 
Sexual Assault Nurse Examiners-Adult/Adoles-
cent assigned under this section’’; 
(B) in paragraph (2), by adding at the end 
the following new sentence: ‘‘In the case of the 
curriculum and other components of the program 
for certification of Sexual Assault Nurse Exam-
iners-Adult/Adolescent, the Secretary of Defense 
shall utilize the most recent guidelines and 
standards as outlined by the Department of Jus-
tice, Office on Violence Against Women, in the 
National Training Standards for Sexual Assault 
Medical Forensic Examiners.’’; and 
(C) in paragraph (3), by adding at the end 
the following new sentence: ‘‘On and after Octo-
ber 1, 2015, before a member or civilian em-
ployee may be assigned to duty as a Sexual As-
sault Nurse Examiner-Adult/Adolescent under 
subsection (c), the member or employee must 
have completed the training program required by 
paragraph (1) and obtained the certification.’’. 
(c) CONFORMING AMENDMENTS.—Section 584 of the 
National Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1432) 
is amended— 
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197 
(1) in subsection (a)(2), by inserting ‘‘who sat-
isfy the selection criteria established under section 
1602(e)(2) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note; 124 Stat. 4431)’’ after 
‘‘Defense’’; and 
(2) in subsection (b)(2), by inserting ‘‘who sat-
isfy the selection criteria established under section 
1602(e)(2) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011’’ after ‘‘Defense’’. 
(d) CLERICAL AMENDMENT.—The heading of section 
584 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is 
amended to read as follows: 
‘‘SEC. 584. SEXUAL ASSAULT RESPONSE COORDINATORS, 
SEXUAL ASSAULT VICTIM ADVOCATES, AND 
SEXUAL ASSAULT NURSE EXAMINERS-ADULT/ 
ADOLESCENT.’’. 
SEC. 542. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VIC-
TIMS OF OFFENSES UNDER THE UNIFORM 
CODE OF MILITARY JUSTICE. 
(a) VICTIMS’ RIGHTS.— 
(1) IN GENERAL.—Subchapter I of chapter 47 of 
title 10, United States Code (the Uniform Code of 
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198 
Military Justice), is amended by adding at the end 
the following new section (article): 
‘‘§ 806b. Art. 6b. Rights of victims of offenses under 
this chapter 
‘‘(a) RIGHTS OF A VICTIM OF A MILITARY CRIME.— 
A victim of a military crime has the following rights: 
‘‘(1) The right to be reasonably protected from 
the accused. 
‘‘(2) The right to reasonable, accurate, and time-
ly notice of any public proceeding in an investigation 
under section 832 of this title (article 32), court-mar-
tial, involuntary plea hearing, pre-sentencing hear-
ing, or parole hearing involving the offense or of any 
release or escape of the accused. 
‘‘(3) The right not to be excluded from any such 
public proceeding, referred to in paragraph (2) unless 
the military judge, after receiving clear and con-
vincing evidence, determines that testimony by the 
victim of a military crime would be materially al-
tered if the victim of a military crime heard other tes-
timony at that proceeding. 
‘‘(4) The reasonable right to confer with the trial 
counsel in the case. 
‘‘(5) The right to full and timely restitution as 
provided in law. 
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199 
‘‘(6) The right to proceedings free from unreason-
able delay. 
‘‘(7) The right to be treated with fairness and 
with respect for the dignity and privacy of the victim 
of a military crime. 
‘‘(b) DUTY OF MILITARY JUDGE.—In any court-mar-
tial proceeding involving an offense against a victim of a 
military crime, the military judge shall ensure that the vic-
tim of a military crime is afforded the rights described in 
subsection (a). Before making a determination described in 
subsection (a)(3), the military judge shall make every effort 
to permit the fullest attendance possible by the victim of 
a military crime and shall consider reasonable alternatives 
to the exclusion of the victim of a military crime from the 
criminal proceeding. The reasons for any decision denying 
relief under this subsection shall be clearly stated on the 
record. 
‘‘(c) BEST EFFORTS REQUIRED.—(1) Military judges, 
trial and defense counsel, military criminal investigation 
organizations, services, and personnel, and other members 
and personnel of the Department of Defense engaged in the 
detection, investigation, or prosecution of offenses under this 
chapter (the Uniform Code of Military Justice) shall make 
their best efforts to see that a victim of a military crime 
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200 
is notified of, and accorded, the rights described in sub-
section . 
‘‘(2) The trial counsel in a case shall advise a victim 
of a military crime that the victim of a military crime can 
seek the advice of an attorney with respect to the rights de-
scribed in subsection (a). 
‘‘(3) Notice of release otherwise required pursuant to 
this chapter shall not be given if such notice may endanger 
the safety of any person. 
‘‘(d) VICTIM OF A MILITARY CRIME DEFINED.— 
‘‘(1) DEFINITION.—In this section, the term ‘vic-
tim of a military crime’ means a person who has suf-
fered direct physical, emotional, or pecuniary harm 
as a result of the commission of a crime in violation 
of this chapter (the Uniform Code of Military Justice) 
or in violation of the law of another jurisdiction if 
any portion of the investigation of the violation of 
that law was conducted primarily by a military 
criminal investigative organization (Army Criminal 
Investigation Command, Naval Criminal Investiga-
tive Service, or Air Force Office of Special Investiga-
tion). The term shall include, at a minimum, the fol-
lowing: 
‘‘(A) Members of the armed forces and their 
dependents. 
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201 
‘‘(B) Civilian employees of the Department 
of Defense and contractor employees stationed 
outside the continental United States and their 
dependents residing with them. 
‘‘(C) Such other individuals as the Sec-
retary of Defense determines should be included. 
‘‘(2) TREATMENT OF CERTAIN VICTIMS.—In the 
case of a victim of a military crime who is under 18 
years of age, incompetent, incapacitated, or deceased, 
the term shall also include an individual acting on 
behalf of the victim who is (in order of precedence) a 
spouse, parent, legal guardian, child, sibling, or an-
other dependent of the victim or another person des-
ignated by the military judge, but in no event shall 
an accused be designated or included.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of chapter 47 
of such title (the Uniform Code of Military Justice) 
is amended by adding at the end the following new 
item: 
‘‘806b. Art. 6b. Victims’ rights of victims of offenses under this chapter.’’. 
(b) PROCEDURES TO PROMOTE COMPLIANCE.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall recommend to the President changes to 
the Manual for Courts-Martial, and prescribe such 
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202 
other regulations as the Secretary considers appro-
priate, to implement section 806b of title 10, United 
States Code (article 6b of the Uniform Code of Mili-
tary Justice), as added by subsection (a). 
(2) ELEMENTS.—The modifications and regula-
tions issued pursuant to paragraph (1) shall include 
the following: 
(A) The designation of an administrative 
authority within the Department of Defense to 
oversee the implementation of such section 
806(b), and within each Armed Force, an au-
thority to receive and investigate complaints re-
lating to the provision or violation of the rights 
of victims of military crimes. 
(B) A requirement for a course of training 
for judge advocates and other appropriate mem-
bers of the Armed Forces and personnel of the 
Department to promote compliance with and im-
plementation of such section 806b and assist 
such personnel in responding more effectively to 
the needs of victims of military crimes. 
(C) Disciplinary sanctions for members of 
the Armed Forces and other personnel of the De-
partment of Defense, including suspension or ter-
mination from employment in the case of em-
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203 
ployees of the Department, who willfully or wan-
tonly fail to comply with such section 806b. 
(D) Mechanisms to ensure that the Sec-
retary of Defense shall be the final arbiter of a 
complaint authorized pursuant to subparagraph 
(A) by a victim of a military crime that the vic-
tim was not afforded a right under such section 
806b. 
(c) ADDITIONAL DUTY FOR RESPONSE SYSTEMS INDE-
PENDENT PANEL.—The independent panel established by 
the Secretary of Defense under subsection (a)(1) of section 
576 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1758) shall as-
sess the feasibility and appropriateness of extending to vic-
tims of military crimes the additional right afforded a 
crime victim in civilian criminal legal proceedings under 
subsection (a)(4) of section 3771 of title 18, United States 
Code, and the legal standing to seek enforcement of crime 
victim rights provided by subsection (d) of such section. The 
panel shall include the results of the assessment in the re-
port required by subsection (c)(1) of such section. 
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274 
(3) Section 308(g), relating to reenlistment 
bonus for active members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus 
for new officers in critical skills. 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus for 
officer candidates. 
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE INCENTIVE PAY FOR MEMBERS OF 
PRECOMMISSIONING PROGRAMS PURSUING 
FOREIGN LANGUAGE PROFICIENCY. 
Section 316a(g) of title 37, United States Code is 
amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2014’’. 
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281 
‘‘(A) the amount of transitional compensation to 
be paid under this section; 
‘‘(B) the period for which such compensation 
may be paid; and 
‘‘(C) the circumstances under which the payment 
of such compensation may or will cease. 
‘‘(e) COMMISSARY AND EXCHANGE BENEFITS.—A de-
pendent or former dependent who receives transitional com-
pensation under this section shall, while receiving such pay-
ments, be entitled to use commissary and exchange stores 
in the same manner as provided in subsection (j) of section 
1059 of this title. 
‘‘(f) COORDINATION
OF BENEFITS.—The Secretary 
concerned may not make payments to a spouse or former 
spouse under both this section and section 1059 or 
1408(h)(1) of this title. In the case of a spouse or former 
spouse for whom a court order provides for payments by 
the Secretary pursuant to section 1408(h)(1) of this title 
and to whom the Secretary offers payments under this sec-
tion or section 1059, the spouse or former spouse shall elect 
which payments to receive. 
‘‘(g) REGULATIONS.—If the Secretary of Defense (or 
the Secretary of Homeland Security with respect to the 
Coast Guard when it is not operating as a service in the 
Navy) establishes a program to provide transitional com-
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