H. R. 3304—292 
(b) under Federal or State law may not be processed for commis-
sioning or permitted to enlist in the armed forces. 
‘‘(b) COVERED OFFENSES.—An offense specified in this sub-
section is any felony offense as follows: 
‘‘(1) Rape or sexual assault. 
‘‘(2) Forcible sodomy. 
‘‘(3) Incest. 
‘‘(4) An attempt to commit an offense specified in paragraph 
(1) through (3), as punishable under applicable Federal or State 
law.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 37 of such title is amended by adding 
at the end the following new item: 
‘‘657. Prohibition on service in the armed forces by individuals convicted of certain 
sexual offenses.’’. 
(b) REPEAL OF SUPERSEDED PROHIBITION.—Section 523 of the 
National Defense Authorization Act for Fiscal Year 2013 (Public 
Law 112–239; 126 Stat. 1723; 10 U.S.C. 504 note) is repealed. 
SEC. 1712. ISSUANCE OF REGULATIONS APPLICABLE TO THE COAST 
GUARD REGARDING CONSIDERATION OF REQUEST FOR 
PERMANENT CHANGE OF STATION OR UNIT TRANSFER 
BY VICTIM OF SEXUAL ASSAULT. 
Section 673(b) of title 10, United States Code, is amended 
by striking ‘‘The Secretaries of the military departments’’ and 
inserting ‘‘The Secretary concerned’’. 
SEC. 
1713. 
TEMPORARY 
ADMINISTRATIVE 
REASSIGNMENT 
OR 
REMOVAL OF A MEMBER OF THE ARMED FORCES ON 
ACTIVE DUTY WHO IS ACCUSED OF COMMITTING A 
SEXUAL ASSAULT OR RELATED 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 removal 
of a member on active duty accused of committing 
a sexual assault or related offense 
‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND ACTION.—The 
Secretary concerned may provide guidance, within guidelines pro-
vided by the Secretary of Defense, for commanders regarding their 
authority to make a timely determination, and to take action, 
regarding whether a member of the armed forces serving on active 
duty who is alleged to have committed an offense under section 
920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 
120c, or 125 of the Uniform Code of Military Justice) or an attempt 
to commit such an offense as punishable under section 880 of 
this title (article 80 of the Uniform Code of Military Justice) should 
be temporarily reassigned or removed from a position of authority 
or from an assignment, not as a punitive measure, but solely 
for the purpose of maintaining good order and discipline within 
the member’s unit. 
‘‘(b) TIME FOR DETERMINATION.—A determination described in 
subsection (a) may be made at any time afer receipt of notification 
of an unrestricted report of a sexual assault or other sex-related 
offense that identifies the member as an alleged perpetrator.’’.
H. R. 3304—293 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 39 of such title 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 COMMANDERS.— 
The Secretary of Defense shall provide for the inclusion of informa-
tion and discussion regarding the availability and use of the 
authority described 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 sec-
tion 585(b) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 
SEC. 
1714. 
EXPANSION 
AND 
ENHANCEMENT 
OF 
AUTHORITIES 
RELATING TO PROTECTED COMMUNICATIONS OF MEM-
BERS OF THE ARMED FORCES AND PROHIBITED RETALIA-
TORY ACTIONS. 
(a) EXPANSION
OF
PROHIBITED
RETALIATORY
PERSONNEL 
ACTIONS.—Subsection (b) of section 1034 of title 10, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘preparing—’’ and inserting ‘‘preparing 
or being perceived as making or preparing—’’; 
(B) in subparagraph (A), by striking ‘‘or’’ at the end; 
(C) in subparagraph (B)— 
(i) in clause (iv), by striking ‘‘or’’ at the end; 
(ii) by redesignating clause (v) as clause (vi) and, 
in such clause, by striking the period at the end and 
inserting ‘‘; or’’; and 
(iii) by inserting after clause (iv) the following 
new clause (v): 
‘‘(v) a court-martial proceeding; or’’; and 
(D) by adding at the end the following new subpara-
graph: 
‘‘(C) testimony, or otherwise participating in or assisting 
in an investigation or proceeding related to a communication 
under subparagraph (A) or (B), or filing, causing to be filed, 
participating in, or otherwise assisting in an action brought 
under this section.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘and’’ after ‘‘unfavorable action’’ and 
inserting a comma; and 
(B) by inserting after ‘‘any favorable action’’ the fol-
lowing: ‘‘, or making or threatening to make a significant 
change in the duties or responsibilities of a member of 
the armed forces not commensurate with the member’s 
grade’’. 
(b) INSPECTOR GENERAL INVESTIGATIONS
OF ALLEGATIONS.— 
Subsection (c) of section 1034 of title 10, United States Code, 
is amended— 
(1) in paragraph (1), by striking ‘‘paragraph (3)’’ and 
inserting ‘‘paragraph (4)’’; 
(2) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5), and (6), respectively; 
(3) by inserting after paragraph (2) the following new para-
graph (3):
H. R. 3304—294 
‘‘(3) A communication described in paragraph (2) shall not 
be excluded from the protections provided in this section because— 
‘‘(A) the communication was made to a person who partici-
pated in an activity that the member reasonably believed to 
be covered by paragraph (2); 
‘‘(B) the communication revealed information that had pre-
viously been disclosed; 
‘‘(C) of the member’s motive for making the communication; 
‘‘(D) the communication was not made in writing; 
‘‘(E) the communication was made while the member was 
off duty; and 
‘‘(F) the communication was made during the normal course 
of duties of the member.’’; 
(4) in paragraph (5), as redesignated by paragraph (2) 
of this subsection— 
(A) by striking ‘‘paragraph (3)(A)’’ and inserting ‘‘para-
graph (4)(A)’’; 
(B) by striking ‘‘paragraph (3)(D)’’ and inserting ‘‘para-
graph (4)(D)’’; and 
(C) by striking ‘‘60 days’’ and inserting ‘‘one year’’; 
and 
(5) in paragraph (6), as redesignated by paragraph (2) 
of this subsection, by striking ‘‘outside the immediate chain 
of command of both the member submitting the allegation 
and the individual or individuals alleged to have taken the 
retaliatory action.’’ and inserting the following: ‘‘one or both 
of the following: 
‘‘(A) Outside the immediate chain of command of both 
the member submitting the allegation and the individual or 
individuals alleged to have taken the retaliatory action. 
‘‘(B) At least one organization higher in the chain of com-
mand than the organization of the member submitting the 
allegation and the individual or individuals alleged to have 
taken the retaliatory action.’’. 
(c) INSPECTOR
GENERAL
INVESTIGATIONS
OF
UNDERLYING 
ALLEGATIONS.—Subsection (d) of section 1034 of title 10, United 
States Code, is amended by striking ‘‘subparagraph (A) or (B) of 
subsection (c)(2)’’ and inserting ‘‘subparagraph (A), (B), or (C) of 
subsection (c)(2)’’. 
(d) REPORTS ON INVESTIGATIONS.—Subsection (e) of section 1034 
of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘subsection (c)(3)(E)’’ both places it 
appears and inserting ‘‘subsection (c)(4)(E)’’; 
(B) by inserting ‘‘and the Secretary of the military 
department concerned’’ after ‘‘the Secretary of Defense’’; 
and 
(C) by striking ‘‘transmitted to the Secretary’’ and 
inserting ‘‘transmitted to such Secretaries’’; and 
(2) in paragraph (3), by inserting ‘‘and the Secretary of 
the military department concerned’’ after ‘‘the Secretary of 
Defense’’. 
(e) ACTION IN CASE OF VIOLATIONS.—Section 1034 of title 10, 
United States Code, is further amended— 
(1) by redesignating subsections (f), (g), (h), and (i) as 
subsections (g), (h), (i), and (j), respectively; and
H. R. 3304—295 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) ACTION IN CASE OF VIOLATIONS.—(1) Not later than 30 
days after receiving a report from the Inspector General under 
subsection (e), the Secretary of Homeland Security or the Secretary 
of the military department concerned, as applicable, shall determine 
whether there is sufficient basis to conclude whether a personnel 
action prohibited by subsection (b) has occurred. 
‘‘(2) If the Secretary concerned determines under paragraph 
(1) that a personnel action prohibited by subsection (b) has occurred, 
the Secretary shall— 
‘‘(A) order such action as is necessary to correct the record 
of a personnel action prohibited by subsection (b); and 
‘‘(B) take any appropriate disciplinary action against the 
individual who committed such prohibited personnel action. 
‘‘(3) If the Secretary concerned determines under paragraph 
(1) that an order for corrective or disciplinary action is not appro-
priate, not later than 30 days after making the determination, 
such Secretary shall— 
‘‘(A) provide to the Secretary of Defense and the member 
or former member a notice of the determination and the reasons 
for not taking action; and 
‘‘(B) when appropriate, refer the report to the appropriate 
board for the correction of military records for further review 
under subsection (g).’’. 
(f) CORRECTION OF RECORDS.—Subsection (g) of section 1034 
of title 10, United States Code, as redesignated by subsection (e)(1) 
of this section, is amended in paragraph (3)— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘board elects to hold’’ and inserting ‘‘board holds’’; and 
(2) in subparagraph (A)(ii), by striking ‘‘the case is 
unusually complex or otherwise requires’’ and inserting ‘‘the 
member or former member would benefit from’’. 
SEC. 1715. INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS 
OF 
RETALIATORY 
PERSONNEL 
ACTIONS 
TAKEN 
IN 
RESPONSE TO MAKING PROTECTED COMMUNICATIONS 
REGARDING SEXUAL ASSAULT. 
Section 1034(c)(2)(A) of title 10, United States Code, is amended 
by striking ‘‘sexual harassment or’’ and inserting ‘‘rape, sexual 
assault, or other sexual misconduct in violation of sections 920 
through 920c of this title (articles 120 through 120c of the Uniform 
Code of Military Justice), sexual harassment, or’’. 
SEC. 1716. DESIGNATION AND AVAILABILITY OF SPECIAL VICTIMS’ 
COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES. 
(a) DESIGNATION AND DUTIES.— 
(1) IN GENERAL.—Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1044d the following 
new section: 
‘‘§ 1044e. Special Victims’ Counsel for victims of sex-related 
offenses 
‘‘(a) DESIGNATION; PURPOSES.—The Secretary concerned shall 
designate legal counsel (to be known as ‘Special Victims’ Counsel’) 
for the purpose of providing legal assistance to an individual eligible 
for military legal assistance under section 1044 of this title who
H. R. 3304—296 
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 military defense services. 
‘‘(2) Legal consultation regarding the Victim Witness Assist-
ance Program, including— 
‘‘(A) the rights and benefits afforded the victim; 
‘‘(B) the role of the Victim Witness Assistance Program 
liaison and what privileges do or do not exist between 
the victim and the liaison; and 
‘‘(C) the nature of communication made to the liaison 
in comparison to communication made to a Special Victims’ 
Counsel or a legal assistance attorney under section 1044 
of this title. 
‘‘(3) Legal consultation regarding the responsibilities and 
support provided to the victim by the Sexual Assault Response 
Coordinator, a unit or installation Sexual Assault Victim Advo-
cate, or domestic abuse advocate, to include any privileges 
that may exist regarding communications between those per-
sons 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 (but not limited to)— 
‘‘(A) the roles and responsibilities of the trial counsel, 
the defense counsel, and investigators; 
‘‘(B) any proceedings of the military justice process 
in which the victim may observe; 
‘‘(C) the Government’s authority to compel cooperation 
and testimony; and 
‘‘(D) the victim’s responsibility to testify, and other 
duties to the court. 
‘‘(6) Accompanying the victim at any proceedings in connec-
tion with the reporting, military investigation, and military 
prosecution of the alleged sex-related offense. 
‘‘(7) Legal consultation regarding eligibility and require-
ments for services available from appropriate agencies or offices 
for emotional and mental health counseling and other medical 
services; 
‘‘(8) Legal consultation and assistance— 
‘‘(A) in personal civil legal matters in accordance with 
section 1044 of this title; 
‘‘(B) in any proceedings of the military justice process 
in which a victim can participate as a witness or other 
party; 
‘‘(C) in understanding the availability of, and obtaining 
any protections offered by, civilian and military protecting 
or restraining orders; and 
‘‘(D) in understanding the eligibility and requirements 
for, and obtaining, any available military and veteran bene-
fits, such as transitional compensation benefits found in
H. R. 3304—297 
section 1059 of this title and other State and Federal 
victims’ compensation programs. 
‘‘(9) Such other legal assistance as the Secretary of Defense 
(or, in the case of the Coast Guard, the Secretary of the Depart-
ment in which the Coast Guard is operating) may authorize 
in the regulations prescribed under subsection (h). 
‘‘(c) NATURE
OF RELATIONSHIP.—The relationship between a 
Special Victims’ Counsel and a victim in the provision of legal 
advice and assistance shall be the relationship between an attorney 
and client. 
‘‘(d) QUALIFICATIONS.—An individual may not be designated 
as a Special Victims’ Counsel under this section unless the indi-
vidual— 
‘‘(1) meets the qualifications specified in section 1044(d)(2) 
of this title; and 
‘‘(2) is certified as competent to be designated as a Special 
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 employed. 
‘‘(e) ADMINISTRATIVE RESPONSIBILITY.—(1) Consistent with the 
regulations prescribed under subsection (h), the Judge Advocate 
General (as defined in section 801(1) of this title) under the jurisdic-
tion 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 Special 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 evaluation of the Special 
Victims’ Counsel programs operated under this section. 
‘‘(f) AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL.—(1) An indi-
vidual 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 Special Victims’ 
Counsel upon report of an alleged sex-related 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 victim/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 Special Victims’ Counsel under this 
subsection shall be available to an individual eligible for military 
legal assistance under section 1044 of this title regardless of 
whether the individual elects unrestricted or restricted reporting 
of the alleged sex-related offense. The individual shall also be 
informed that the assistance of a Special Victims’ Counsel may 
be declined, in whole or in part, but that declining such assistance 
does not preclude the individual from subsequently requesting the 
assistance of a Special Victims’ Counsel. 
‘‘(g) ALLEGED SEX-RELATED OFFENSE DEFINED.—In this section, 
the term ‘alleged sex-related offense’ means any allegation of— 
‘‘(1) a violation of section 920, 920a, 920b, 920c, or 925 
of this 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 para-
graph (1) as punishable under section 880 of this title (article 
80 of the Uniform Code of Military Justice).
H. R. 3304—298 
‘‘(h) 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 section.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 1044d the following new item: 
‘‘1044e. Special Victims’ Counsel for victims of sex-related offenses.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) QUALIFICATIONS
OF
PERSONS
PROVIDING
LEGAL 
ASSISTANCE.—Section 1044(d)(2) of such title is amended 
by inserting before the period at the end the following: 
‘‘and, for purposes of service as a Special Victims’ Counsel 
under section 1044e of this title, meets the additional quali-
fications specified in subsection (d)(2) of such section.’’. 
(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.—Sec-
tion 1565b(a)(1)(A) of such title is amended by striking 
‘‘section 1044’’ and inserting ‘‘sections 1044 and 1044e’’. 
(4) IMPLEMENTATION.—Section 1044e of title 10, United 
States Code, as added by paragraph (1), shall be implemented 
within 180 days after the date of the enactment of this Act. 
(b) ENHANCED TRAINING REQUIREMENT.—The Secretary 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 provided 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 assist-
ance under section 1044 or 1044e of such title to support victims 
of alleged sex-related offenses. 
(c) SECRETARY OF DEFENSE IMPLEMENTATION REPORT.— 
(1) REPORT REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense, 
in coordination with the 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 Representa-
tives 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 inde-
pendent 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.
H. R. 3304—299 
Subtitle C—Amendments to Other Laws 
SEC. 1721. TRACKING OF COMPLIANCE OF COMMANDING OFFICERS 
IN CONDUCTING ORGANIZATIONAL CLIMATE ASSESS-
MENTS 
FOR 
PURPOSES 
OF 
PREVENTING 
AND 
RESPONDING TO SEXUAL ASSAULTS. 
Section 572 of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 126 Stat. 1753; 10 U.S.C. 1561 
note) is amended by adding at the end the following new subsection: 
‘‘(d) TRACKING
OF
ORGANIZATIONAL
CLIMATE
ASSESSMENT 
COMPLIANCE.—The Secretary of Defense shall direct the Secretaries 
of the military departments to verify and track the compliance 
of commanding officers in conducting organizational climate assess-
ments, as required by subsection (a)(3).’’. 
SEC. 1722. ADVANCEMENT OF SUBMITTAL DEADLINE FOR REPORT OF 
INDEPENDENT PANEL ON ASSESSMENT OF MILITARY 
RESPONSE SYSTEMS TO SEXUAL ASSAULT. 
Section 576(c)(1)(B) of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1759) is 
amended by striking ‘‘Eighteen months’’ and inserting ‘‘Twelve 
months’’. 
SEC. 1723. RETENTION OF CERTAIN FORMS IN CONNECTION WITH 
RESTRICTED REPORTS AND UNRESTRICTED REPORTS ON 
SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED 
FORCES. 
(a) REQUIREMENT FOR RETENTION.—Subsection (a) of section 
577 of the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1762; 10 U.S.C. 1561 note) 
is amended— 
(1) by striking ‘‘At the request of a member of the Armed 
Forces who files a Restricted Report on an incident of sexual 
assault involving the member, the Secretary of Defense shall’’ 
and inserting ‘‘The Secretary of Defense shall’’; and 
(2) by striking ‘‘the Restricted Report’’ and inserting ‘‘a 
Restricted Report or Unrestricted Report on an incident of 
sexual assault involving a member of the Armed Forces’’. 
(b) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘SEC. 577. 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 COORDINA-
TORS BY MEMBERS OF THE NATIONAL GUARD AND 
RESERVES. 
Section 584(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1433; 10 U.S.C. 
1561 note) is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) AVAILABILITY
FOR
RESERVE
COMPONENT
MEMBERS.— 
The Secretary of the military department concerned shall
H. R. 3304—300 
ensure the timely access to a Sexual Assault Response Coordi-
nator by any member of the National Guard or Reserve who— 
‘‘(A) is the victim of a sexual assault during the 
performance of duties as a member of the National Guard 
or Reserves; or 
‘‘(B) is the victim of a sexual assault committed by 
a member of the National Guard or Reserves.’’. 
SEC. 1725. QUALIFICATIONS AND SELECTION OF DEPARTMENT OF 
DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE 
PERSONNEL AND REQUIRED AVAILABILITY 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 subparagraph 
(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 assignment to duty as a 
Sexual Assault Response and Prevention Program Man-
ager, Sexual Assault 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 Pro-
gram Managers, Sexual Assault Response Coordinators, 
and Sexual Assault Victim Advocates for the Armed Forces; 
and’’. 
(b) AVAILABILITY OF SEXUAL ASSAULT NURSE EXAMINERS AT 
MILITARY MEDICAL TREATMENT FACILITIES.— 
(1) FACILITIES WITH FULL-TIME EMERGENCY DEPARTMENT.— 
The Secretary of a military department shall require the assign-
ment of at least one full-time sexual assault nurse examiner 
to each military medical treatment facility under the jurisdic-
tion of that Secretary in which an emergency department oper-
ates 24 hours per day. The Secretary may assign additional 
sexual assault nurse examiners based on the demographics 
of the patients who utilize the military medical treatment 
facility. 
(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 Assault Medical Forensic Examinations, 
Adult/Adolescent, when a determination is made regarding the 
patient’s need for the services of a sexual assault nurse exam-
iner.
H. R. 3304—301 
(3) QUALIFICATIONS.—A sexual assault nurse examiner 
assigned under paragraph (1) or made available under para-
graph (2) shall meet such training and certification require-
ments as are prescribed by the Secretary of Defense. 
(c) REPORT
ON TRAINING, QUALIFICATIONS, AND EXPERIENCE 
OF SEXUAL ASSAULT PREVENTION AND RESPONSE PERSONNEL.— 
(1) REPORT
REQUIRED.—The Secretary shall prepare 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 experience of each member 
of the Armed Forces and civilian employee of the Department 
of Defense who is assigned to a position that includes responsi-
bility for sexual assault prevention and response within the 
Armed Forces for the successful discharge of such responsibility. 
(2) REPORT ELEMENTS.—The report shall include the fol-
lowing: 
(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 employees who 
did not have the training, qualifications, or experience 
required to successfully discharge their responsibility for 
sexual assault prevention and response within the Armed 
Forces. 
(C) The actions taken by the Secretary of Defense 
with respect to such members and employees who were 
found to lack the training, qualifications, or experience 
to successfully discharge such responsibility. 
(D) Such improvements as the Secretary considers 
appropriate in the process used to select and assign mem-
bers and employees to positions that include responsibility 
for sexual assault prevention and response within the 
Armed Forces in order to ensure the highest caliber can-
didates are selected and assigned to such positions. 
(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 Representatives. 
SEC. 1726. ADDITIONAL RESPONSIBILITIES OF SEXUAL ASSAULT 
PREVENTION AND RESPONSE OFFICE FOR DEPARTMENT 
OF 
DEFENSE 
SEXUAL 
ASSAULT 
PREVENTION 
AND 
RESPONSE PROGRAM. 
(a) ADDITIONAL DIRECTOR DUTIES.—Subsection (b) of section 
1611 of the Ike Skelton National Defense Authorization 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 paragraphs: 
‘‘(4) collect and maintain data of the military departments 
on sexual assault in accordance with subsection (e); 
‘‘(5) act as liaison between the Department of Defense 
and other Federal and State agencies on programs and efforts 
relating to sexual assault prevention and response; and
H. R. 3304—302 
‘‘(6) oversee development of strategic program guidance 
and joint planning objectives for resources in support of the 
sexual assault prevention and response program, and make 
recommendations on modifications to policy, law, and regula-
tions needed to ensure the continuing availability of such 
resources.’’. 
(b) COLLECTION
AND MAINTENANCE
OF DATA.—Such section 
is further amended by adding at the end the following new sub-
section: 
‘‘(e) DATA COLLECTION AND MAINTENANCE METRICS.—In car-
rying out the requirements of subsection (b)(4), the Director of 
the Sexual Assault Prevention and Response Office shall develop 
metrics to measure the effectiveness of, and compliance with, 
training and awareness objectives of the military departments on 
sexual assault prevention and response.’’. 
Subtitle D—Studies, Reviews, Policies, and 
Reports 
SEC. 1731. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM 
CODE 
OF 
MILITARY 
JUSTICE 
AND 
JUDICIAL 
PRO-
CEEDINGS OF SEXUAL ASSAULT CASES. 
(a) ADDITIONAL DUTIES FOR RESPONSE SYSTEMS PANEL.— 
(1) ADDITIONAL ASSESSMENTS SPECIFIED.—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), 
known as the ‘‘response systems panel’’, shall conduct the fol-
lowing: 
(A) An assessment of the impact, if any, that removing 
from the chain of command any disposition authority 
regarding charges preferred under chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
would have on overall reporting and prosecution of sexual 
assault cases. 
(B) An assessment regarding whether the roles, respon-
sibilities, and authorities of Special Victims’ Counsel to 
provide legal assistance under section 1044e of title 10, 
United States Code, as added by section 1716, to victims 
of alleged sex-related offenses should be expanded to 
include legal standing to represent the victim during inves-
tigative and military justice proceedings in connection with 
the prosecution of the offense. 
(C) An assessment of the feasibility and appropriate-
ness of extending to victims of crimes covered by chapter 
47 of title 10, United States Code (the Uniform Code of 
Military Justice), the 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. 
(D) An assessment of the means by which the name, 
if known, and other necessary identifying information of 
an alleged offender that is collected as part of a restricted 
report of a sexual assault could be compiled into a pro-
tected, searchable database accessible only to military
H. R. 3304—303 
criminal investigators, Sexual Assault Response Coordina-
tors, or other appropriate personnel only for the purposes 
of identifying individuals who are subjects of multiple 
accusations of sexual assault and encouraging victims to 
make an unrestricted report of sexual assault in those 
cases in order to facilitate increased prosecutions, particu-
larly of serial offenders. The assessment should include 
an evaluation of the appropriate 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 the National Defense Authoriza-
tion Act for Fiscal Year 2013, an assessment of the 
opportunities for clemency provided in the military and 
civilian systems, the appropriateness of clemency pro-
ceedings 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 reserved until the 
end of the military appeals process. 
(F) An assessment of whether the Department of 
Defense should promulgate, and ensure the understanding 
of and compliance with, a formal statement of what 
accountability, rights, and responsibilities a member of the 
Armed Forces has with regard to matters of sexual assault 
prevention and response, as a means of addressing those 
issues within the Armed Forces. If the response systems 
panel recommends such a formal statement, the response 
systems panel shall provide key elements or principles 
that should be included in the formal statement. 
(2) SUBMISSION OF RESULTS.—The response systems panel 
shall include the results of the assessments required by para-
graph (1) in the report required by subsection (c)(1) of section 
576 of the National Defense Authorization 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 Defense under subsection 
(a)(2) of section 576 of the National 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 assault 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 
abusing 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 recommendations for modi-
fication of such section 1044e as the judicial proceedings 
panel considers appropriate.
H. R. 3304—304 
(C) An assessment of the implementation and effect 
of the mandatory minimum sentences established by sec-
tion 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 appropriateness of statutorily man-
dated minimum sentencing provisions for additional 
offenses under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice). 
(D) An assessment of the adequacy of the provision 
of compensation and restitution for victims of offenses 
under chapter 47 of title 10, United States Code (the Uni-
form Code of Military Justice), and develop recommenda-
tions on expanding such compensation and restitution, 
including consideration of the options as follows: 
(i) Providing the forfeited wages of incarcerated 
members of the Armed Forces to victims of offenses 
as compensation. 
(ii) Including bodily harm among the injuries mer-
iting compensation for redress under section 939 of 
title 10, United States Code (article 139 of the Uniform 
Code of Military Justice). 
(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 proceedings 
panel shall include the results of the assessments 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 RESPONSE 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 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) in response to an allegation that a member of the 
Armed Forces has committed an offense under the Uniform Code 
of Military Justice, including the extent to which the military 
criminal investigative organizations make a recommendation 
regarding whether an allegation appears founded or unfounded. 
(b) POLICY.—After conducting the review required by subsection 
(a), the Secretary of Defense shall develop a uniform 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 Secretary shall consider the feasibility 
of adopting case determination methods, such as the uniform crime 
report, used by nonmilitary law enforcement agencies. 
SEC. 1733. REVIEW OF TRAINING AND EDUCATION PROVIDED MEM-
BERS OF THE ARMED FORCES ON SEXUAL ASSAULT 
PREVENTION AND RESPONSE. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall carry 
out a review of the adequacy of the training and education provided
H. R. 3304—305 
members of the Armed Forces on sexual assault prevention and 
response. 
(b) RESPONSIVE ACTION.—Upon completion of the review, the 
Secretary of Defense shall— 
(1) identify common core elements that must be included 
in any training or education provided members of the Armed 
Forces on sexual assault prevention and response; and 
(2) recommend such other modifications of such training 
and education as the Secretary considers appropriate 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 Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report containing 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 ACCESS 
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 conduct a review of the 
progress made in developing and implementing the comprehensive 
policy on the retention of and access to evidence and records relating 
to sexual assaults involving members of the Armed Forces, which 
was required by section 586 of the National Defense Authorization 
Act for 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 Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report containing 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 MANAGEMENT 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 Oppor-
tunity for the purposes specified in subsection (b). 
(b) ELEMENTS OF STUDY.—In conducting the review under sub-
section (a), the Secretary of Defense shall— 
(1) determine whether sexual harassment cases should be 
evaluated or addressed within the Office of Diversity Manage-
ment and Equal Opportunity; 
(2) identify and evaluate how the Office of Diversity 
Management and Equal Opportunity works with the Sexual 
Assault Prevention and Response Office to address sexual 
harassment in the Armed Forces and the current role of the 
Office of Diversity Management and Equal Opportunity in 
sexual harassment cases;