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‘‘(A) is the victim of a sexual assault during 
the performance of duties as a member of the Na-
tional Guard or Reserves; or 
‘‘(B) is the victim of a sexual assault com-
mitted by a member of the National Guard or Re-
serves.’’. 
SEC. 1725. QUALIFICATIONS AND SELECTION OF DEPARTMENT 
OF DEFENSE SEXUAL ASSAULT PREVENTION AND 
RESPONSE PERSONNEL AND REQUIRED AVAIL-
ABILITY OF SEXUAL ASSAULT NURSE EXAMINERS. 
(a) 
QUALIFICATIONS
FOR
ASSIGNMENT.—Section 
1602(e)(2) of the Ike Skelton National Defense Authorization 
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 subpara-
graph (C); and 
(2) by striking subparagraph (A) and inserting the 
following new subparagraphs: 
‘‘(A) the qualifications necessary for a member 
of the Armed Forces or a civilian employee of the 
Department of Defense to be selected for assign-
ment to duty as a Sexual Assault Response and 
Prevention Program Manager, Sexual Assault Re-
sponse Coordinator, or Sexual Assault Victim Advo-
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•HRES 441 EH 
cate, whether assigned to such duty on a full-time 
or part-time basis; 
‘‘(B) consistent with section 584(c) of the Na-
tional Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81; 10 U.S.C. 1561 note; 
125 Stat. 1433), the training, certification, and sta-
tus 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 Coordinators, 
and Sexual Assault Victim Advocates for the Armed 
Forces; and’’. 
(b) AVAILABILITY OF SEXUAL ASSAULT NURSE EXAM-
INERS AT MILITARY MEDICAL TREATMENT FACILITIES.— 
(1) FACILITIES WITH FULL-TIME EMERGENCY DE-
PARTMENT.—The Secretary of a military department 
shall require the assignment of at least one full-time sex-
ual assault nurse examiner to each military medical 
treatment facility under the jurisdiction of that Sec-
retary in which an emergency department operates 24 
hours per day. The Secretary may assign additional sex-
ual assault nurse examiners based on the demographics 
of the patients who utilize the military medical treat-
ment facility.
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(2) OTHER FACILITIES.—In the case of a military 
medical treatment facility not covered by paragraph (1), 
the Secretary of the military department concerned shall 
require that a sexual assault nurse examiner be made 
available to a patient of the facility, consistent with the 
Department of Justice National Protocol for Sexual As-
sault Medical Forensic Examinations, Adult/Adolescent, 
when a determination is made regarding the patient’s 
need for the services of a sexual assault nurse examiner. 
(3) QUALIFICATIONS.—A sexual assault nurse ex-
aminer assigned under paragraph (1) or made available 
under paragraph (2) shall meet such training and certifi-
cation requirements as are prescribed by the Secretary 
of Defense. 
(c) REPORT ON TRAINING, QUALIFICATIONS, AND EXPE-
RIENCE OF SEXUAL ASSAULT PREVENTION AND RESPONSE 
PERSONNEL.— 
(1) REPORT REQUIRED.—The Secretary shall pre-
pare a report on the review, conducted pursuant to the 
Secretary of Defense Memorandum of May 17, 2013, of 
the adequacy of the training, qualifications, and experi-
ence of each member of the Armed Forces and civilian 
employee of the Department of Defense who is assigned 
to a position that includes responsibility for sexual as-
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•HRES 441 EH 
sault prevention and response within the Armed Forces 
for the successful discharge of such responsibility. 
(2) REPORT ELEMENTS.—The report shall include 
the following: 
(A) An assessment of the adequacy of the 
training and certifications required for members 
and employees described in paragraph (1). 
(B) The number of such members and employ-
ees who did not have the training, qualifications, or 
experience required to successfully discharge their 
responsibility for sexual assault prevention and re-
sponse within the Armed Forces. 
(C) The actions taken by the Secretary of De-
fense with respect to such members and employees 
who were found to lack the training, qualifications, 
or experience to successfully discharge such respon-
sibility. 
(D) Such improvements as the Secretary con-
siders appropriate in the process used to select and 
assign members and employees to positions that in-
clude responsibility for sexual assault prevention 
and response within the Armed Forces in order to 
ensure the highest caliber candidates are selected 
and assigned to such positions.
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(3) SUBMISSION.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit the report to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives. 
SEC. 1726. ADDITIONAL RESPONSIBILITIES OF SEXUAL AS-
SAULT PREVENTION AND RESPONSE OFFICE FOR 
DEPARTMENT OF DEFENSE SEXUAL ASSAULT PRE-
VENTION AND RESPONSE PROGRAM. 
(a) ADDITIONAL DIRECTOR DUTIES.—Subsection (b) of 
section 1611 of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 1561 note) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (2); 
(2) by striking the period at the end of paragraph 
(3) and inserting a semicolon; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(4) collect and maintain data of the military de-
partments on sexual assault in accordance with sub-
section (e); 
‘‘(5) act as liaison between the Department of De-
fense and other Federal and State agencies on programs 
and efforts relating to sexual assault prevention and re-
sponse; and
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•HRES 441 EH 
‘‘(6) oversee development of strategic program guid-
ance and joint planning objectives for resources in sup-
port of the sexual assault prevention and response pro-
gram, and make recommendations on modifications to 
policy, law, and regulations needed to ensure the con-
tinuing availability of such resources.’’. 
(b) COLLECTION AND MAINTENANCE OF DATA.—Such 
section is further amended by adding at the end the following 
new subsection: 
‘‘(e) 
DATA
COLLECTION
AND
MAINTENANCE 
METRICS.—In carrying out the requirements of subsection 
(b)(4), the Director of the Sexual Assault Prevention and Re-
sponse Office shall develop metrics to measure the effective-
ness of, and compliance with, training and awareness objec-
tives of the military departments on sexual assault prevention 
and response.’’. 
Subtitle D—Studies, Reviews, 
Policies, and Reports 
SEC. 1731. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNI-
FORM CODE OF MILITARY JUSTICE AND JUDICIAL 
PROCEEDINGS OF SEXUAL ASSAULT CASES. 
(a) ADDITIONAL
DUTIES
FOR
RESPONSE
SYSTEMS 
PANEL.— 
(1) ADDITIONAL
ASSESSMENTS
SPECIFIED.—The 
independent panel established by the Secretary of De-
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•HRES 441 EH 
ceedings 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. 
(D) An assessment of the means by which the 
name, if known, and other necessary identifying in-
formation of an alleged offender that is collected as 
part of a restricted report of a sexual assault could 
be compiled into a protected, searchable database 
accessible only to military criminal investigators, 
Sexual Assault Response Coordinators, or other ap-
propriate personnel only for the purposes of identi-
fying individuals who are subjects of multiple accu-
sations of sexual assault and encouraging victims to 
make an unrestricted report of sexual assault in 
those cases in order to facilitate increased prosecu-
tions, particularly of serial offenders. The assess-
ment should include an evaluation of the appro-
priate content to be included in the database, as 
well as the best means to maintain the privacy of 
those making a restricted report. 
(E) As part of the comparison of military and 
civilian systems for the investigation, prosecution, 
and adjudication of adult sexual assault crimes, as 
required by subsection (d)(1)(B) of section 576 of
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•HRES 441 EH 
the National Defense Authorization Act for Fiscal 
Year 2013, an assessment of the opportunities for 
clemency provided in the military and civilian sys-
tems, the appropriateness of clemency proceedings 
in the military system, the manner in which clem-
ency is used in the military system, and whether 
clemency in the military justice system could be re-
served until the end of the military appeals process. 
(F) An assessment of whether the Department 
of Defense should promulgate, and ensure the un-
derstanding of and compliance with, a formal state-
ment of what accountability, rights, and responsibil-
ities a member of the Armed Forces has with re-
gard to matters of sexual assault prevention and re-
sponse, as a means of addressing those issues with-
in the Armed Forces. If the response systems panel 
recommends such a formal statement, the response 
systems panel shall provide key elements or prin-
ciples that should be included in the formal state-
ment. 
(2) SUBMISSION OF RESULTS.—The response sys-
tems panel shall include the results of the assessments 
required by paragraph (1) in the report required by sub-
section (c)(1) of section 576 of the National Defense Au-
718 
•HRES 441 EH 
thorization Act for Fiscal Year 2013, as amended by 
section 1722. 
(b) ADDITIONAL DUTIES FOR JUDICIAL PROCEEDINGS 
PANEL.— 
(1) ADDITIONAL
ASSESSMENTS
SPECIFIED.—The 
independent panel established by the Secretary of De-
fense under subsection (a)(2) of section 576 of the Na-
tional Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1758), known as the 
‘‘judicial proceedings panel’’, shall conduct the following: 
(A) An assessment of the likely consequences 
of amending the definition of rape and sexual as-
sault under section 920 of title 10, United States 
Code (article 120 of the Uniform Code of Military 
Justice), to expressly cover a situation in which a 
person subject to chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), 
commits a sexual act upon another person by abus-
ing one’s position in the chain of command of the 
other person to gain access to or coerce the other 
person. 
(B) An assessment of the implementation and 
effect of section 1044e of title 10, United States 
Code, as added by section 1716, and make such rec-
ommendations for modification of such section
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•HRES 441 EH 
1044e as the judicial proceedings panel considers 
appropriate. 
(C) An assessment of the implementation and 
effect of the mandatory minimum sentences estab-
lished by section 856(b) of title 10, United States 
Code (article 56(b) of the Uniform Code of Military 
Justice), as added by section 1705, and the appro-
priateness of statutorily mandated minimum sen-
tencing provisions for additional offenses under 
chapter 47 of title 10, United States Code (the Uni-
form Code of Military Justice). 
(D) An assessment of the adequacy of the pro-
vision of compensation and restitution for victims of 
offenses under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), and 
develop recommendations on expanding such com-
pensation and restitution, including consideration of 
the options as follows: 
(i) Providing the forfeited wages of incar-
cerated members of the Armed Forces to vic-
tims of offenses as compensation. 
(ii) Including bodily harm among the inju-
ries meriting compensation for redress under 
section 939 of title 10, United States Code (ar-
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•HRES 441 EH 
ticle 139 of the Uniform Code of Military Jus-
tice). 
(iii) Requiring restitution by members of 
the Armed Forces to victims of their offenses 
upon the direction of a court-martial. 
(2) SUBMISSION OF RESULTS.—The judicial pro-
ceedings panel shall include the results of the assess-
ments required by paragraph (1) in one of the reports 
required by subsection (c)(2)(B) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013. 
SEC. 1732. REVIEW AND POLICY REGARDING DEPARTMENT OF 
DEFENSE 
INVESTIGATIVE 
PRACTICES 
IN 
RE-
SPONSE TO ALLEGATIONS OF UNIFORM CODE OF 
MILITARY JUSTICE VIOLATIONS. 
(a) REVIEW.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall con-
duct a review of the practices of the military criminal inves-
tigative organizations (Army Criminal Investigation Com-
mand, Naval Criminal Investigative Service, and Air Force 
Office of Special Investigation) in response to an allegation 
that a member of the Armed Forces has committed an of-
fense under the Uniform Code of Military Justice, including 
the extent to which the military criminal investigative organi-
721 
•HRES 441 EH 
zations make a recommendation regarding whether an allega-
tion 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 results 
of the investigation of an alleged violation of the Uniform 
Code of Military Justice. In developing the policy, the Sec-
retary shall consider the feasibility of adopting case deter-
mination methods, such as the uniform crime report, used by 
nonmilitary law enforcement agencies. 
SEC. 1733. REVIEW OF TRAINING AND EDUCATION PROVIDED 
MEMBERS OF THE ARMED FORCES ON SEXUAL AS-
SAULT PREVENTION AND RESPONSE. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall 
carry out a review of the adequacy of the training and edu-
cation provided members of the Armed Forces on sexual as-
sault prevention and response. 
(b) RESPONSIVE ACTION.—Upon completion of the re-
view, the Secretary of Defense shall— 
(1) identify common core elements that must be in-
cluded in any training or education provided members of 
the Armed Forces on sexual assault prevention and re-
sponse; and
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•HRES 441 EH 
(2) recommend such other modifications of such 
training and education as the Secretary considers appro-
priate to address any inadequacies identified during the 
review. 
(c) REPORT REQUIRED.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report con-
taining the results of the review, including the common core 
elements identified in the review that will be included in any 
training or 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 RETENTION OF AND AC-
CESS TO EVIDENCE AND RECORDS RELATING TO 
SEXUAL ASSAULTS INVOLVING MEMBERS OF THE 
ARMED FORCES. 
(a) REVIEW OF EVIDENCE AND RECORDS RETENTION 
AND ACCESS POLICY.—The Secretary of Defense shall con-
duct a review of the progress made in developing and imple-
menting the comprehensive policy on the retention of and ac-
cess to evidence and records relating to sexual assaults in-
volving members of the Armed Forces, which was required by 
section 586 of the National Defense Authorization Act for
723 
•HRES 441 EH 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 
U.S.C. 1561 note). 
(b) REPORT REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report con-
taining the results of the review. In the report, the Secretary 
shall explain how the Secretary has addressed each of the 
matters listed in paragraphs (1) through (11) of subsection 
(c) of section 586 of the National Defense Authorization Act 
for Fiscal Year 2012 that, at a minimum, were required to 
be considered in the development of the policy. 
SEC. 1735. REVIEW OF THE OFFICE OF DIVERSITY MANAGE-
MENT AND EQUAL OPPORTUNITY ROLE IN SEXUAL 
HARASSMENT CASES. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall 
conduct a review of the Office of Diversity Management and 
Equal Opportunity for the purposes specified in subsection 
(b). 
(b) ELEMENTS OF STUDY.—In conducting the review 
under subsection (a), the Secretary of Defense shall— 
(1) determine whether sexual harassment cases 
should be evaluated or addressed within the Office of Di-
versity Management and Equal Opportunity;
724 
•HRES 441 EH 
(2) identify and evaluate how the Office of Diversity 
Management and Equal Opportunity works with the 
Sexual Assault Prevention and Response Office to ad-
dress sexual harassment in the Armed Forces and the 
current role of the Office of Diversity Management and 
Equal Opportunity in sexual harassment cases; 
(3) identify and evaluate the resource and personnel 
gaps, if any, in the Office of Diversity Management and 
Equal Opportunity to adequately address sexual harass-
ment cases; and 
(4) identify and assess the capability of the Office 
of Diversity Management and Equal Opportunity to 
track incidences of sexual harassment cases. 
(c) DEFINITION.—In this section, the term ‘‘sexual har-
assment’’ has the meaning given such term in Department of 
Defense Directive 1350.2, Department of Defense Military 
Equal Opportunity Program. 
Subtitle E—Other Matters 
SEC. 1741. ENHANCED PROTECTIONS FOR PROSPECTIVE MEM-
BERS AND NEW MEMBERS OF THE ARMED FORCES 
DURING ENTRY-LEVEL PROCESSING AND TRAIN-
ING. 
(a) DEFINING INAPPROPRIATE AND PROHIBITED RELA-
TIONSHIPS, COMMUNICATION, CONDUCT, AND CONTACT BE-
TWEEN CERTAIN MEMBERS.—
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•HRES 441 EH 
(1) POLICY REQUIRED.—The Secretary of a mili-
tary department and the Secretary of the Department in 
which the Coast Guard is operating shall maintain a pol-
icy that defines and prescribes, for the persons described 
in paragraph (2), what constitutes an inappropriate and 
prohibited relationship, communication, conduct, or con-
tact, including when such an action is consensual, be-
tween a member of the Armed Forces described in para-
graph (2)(A) and a prospective member or member of 
the Armed Forces described in paragraph (2)(B). 
(2) COVERED MEMBERS.—The policy required by 
paragraph (1) shall apply to— 
(A) a member of the Armed Forces who exer-
cises authority or control over, or supervises, a per-
son described in subparagraph (B) during the 
entry-level processing or training of the person; and 
(B) a prospective member of the Armed Forces 
or a member of the Armed Forces undergoing 
entry-level processing or training. 
(3) INCLUSION OF CERTAIN MEMBERS REQUIRED.— 
The members of the Armed Forces covered by paragraph 
(2)(A) shall include, at a minimum, military personnel 
assigned or attached to duty— 
(A) for the purpose of recruiting or assessing 
persons for enlistment or appointment as a commis-
726 
•HRES 441 EH 
sioned officer, warrant officer, or enlisted member 
of the Armed Forces; 
(B) at a Military Entrance Processing Station; 
or 
(C) at an entry-level training facility or school 
of an Armed Force. 
(b) EFFECT OF VIOLATIONS.—A member of the Armed 
Forces who violates the policy required by subsection (a) shall 
be subject to prosecution under the Uniform Code of Military 
Justice. 
(c) PROCESSING FOR ADMINISTRATIVE SEPARATION.— 
(1) IN GENERAL.—(A) The Secretary of Defense 
and the Secretary of the Department in which the Coast 
Guard is operating shall require the processing for ad-
ministrative separation of any member of the Armed 
Forces described in subsection (a)(2)(A) in response to 
the first substantiated violation by the member of the 
policy required by subsection (a), when the member is 
not otherwise punitively discharged or dismissed from 
the Armed Forces for that violation. 
(B) The Secretary of a military department shall 
revise regulations applicable to the Armed Forces under 
the jurisdiction of that Secretary as necessary to ensure 
compliance with the requirement under subparagraph 
(A).
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•HRES 441 EH 
(2) REQUIRED ELEMENTS.—(A) In imposing the re-
quirement under paragraph (1), the Secretaries shall en-
sure that any separation decision regarding a member of 
the Armed Forces is based on the full facts of the case 
and that due process procedures are provided under ex-
isting law or regulations or additionally prescribed, as 
considered necessary by the Secretaries, pursuant to 
subsection (f). 
(B) The requirement imposed by paragraph (1) 
shall not be interpreted to limit or alter the authority of 
the Secretary of a military department and the Secretary 
of the Department in which the Coast Guard is oper-
ating to process members of the Armed Forces for ad-
ministrative separation— 
(i) for reasons other than a substantiated viola-
tion of the policy required by subsection (a); or 
(ii) under other provisions of law or regulation. 
(3) SUBSTANTIATED VIOLATION.—For purposes of 
paragraph (1), a violation by a member of the Armed 
Forces described in subsection (a)(2)(A) of the policy re-
quired by subsection (a) shall be treated as substantiated 
if— 
(A) there has been a court-martial conviction 
for violation of the policy, but the adjudged sen-
tence does not include discharge or dismissal; or