[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1867 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1867

To amend title 10, United States Code, to make certain improvements in 
 the Uniform Code of Military Justice related to sex-related offenses 
   committed by members of the Armed Forces, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2013

Mr. Turner (for himself and Ms. Tsongas) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to make certain improvements in 
 the Uniform Code of Military Justice related to sex-related offenses 
   committed by members of the Armed Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Better Enforcement 
for Sexual Assault Free Environments Act of 2013'' or ``BE SAFE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Limitations on convening authority discretion regarding court-
                            martial findings and sentence.
Sec. 3. Mandatory discharge or dismissal for certain sex-related 
                            offenses under the Uniform Code of Military 
                            Justice and trial of such offenses by 
                            general courts-martial.
Sec. 4. Elimination of five-year statute of limitations on trial by 
                            court-martial for additional offenses 
                            involving sex-related crimes.
Sec. 5. Consideration of need for, and authority to provide for, 
                            temporary administrative reassignment or 
                            removal of a member on active duty who is 
                            accused of committing a sexual assault or 
                            related offense.
Sec. 6. Victims' Counsel for victims of sex-related offenses committed 
                            by members of the Armed Forces and related 
                            provisions.
Sec. 7. Secretary of Defense report on sentencing reform.
Sec. 8. Secretary of Defense report on role of commanders in military 
                            justice process.

SEC. 2. LIMITATIONS ON CONVENING AUTHORITY DISCRETION REGARDING COURT-
              MARTIAL FINDINGS AND SENTENCE.

    (a) Elimination of Unlimited Command Prerogative and Discretion.--
Paragraph (1) of section 860(c) of title 10, United States Code 
(article 60(c) of the Uniform Code of Military Justice) is amended by 
striking the first sentence.
    (b) Limitations on Discretion Regarding Court-Martial Findings.--
Paragraph (3) of section 860(c) of title 10, United States Code 
(article 60(c) of the Uniform Code of Military Justice) is amended to 
read as follows:
    ``(3)(A) Action on the findings of a court-martial by the convening 
authority or by another person authorized to act under this section is 
not required.
    ``(B) If a convening authority or other person acts on the findings 
of a court-martial, the convening authority or other person may not--
            ``(i) dismiss any charge or specification, other than a 
        charge or specification for a minor offense, by setting aside a 
        finding of guilty thereto; or
            ``(ii) change a finding of guilty to a charge or 
        specification, other than a charge or specification for a minor 
        offense, to a finding of guilty to an offense that is a lesser 
        included offense of the offense stated in the charge or 
        specification.
    ``(C) If a convening authority or other person acts on the findings 
to dismiss or change any charge or specification for a minor offense, 
the convening authority or other person shall prepare a written 
explanation of such action. Such written explanation shall be 
immediately provided and made a part of the record of the court-martial 
at the time the action is taken and becomes effective.
    ``(D) For purposes of this paragraph, the convening authority or 
other person may treat an offense as a minor offense only if the 
sentence adjudged by a court-martial for an offense, or combination of 
offenses, is not more severe than confinement for 30 days, forfeiture 
of two-thirds pay per month for one month, or reduction to the lowest 
pay grade, or some combination thereof. However, a charge or 
specification of murder, rape, sexual assault, rape or sexual assault 
of a child, or any other offense punishable by death may not, under any 
circumstances, be considered a minor offense for purposes of this 
paragraph, regardless of the adjudged sentence.''.
    (c) Limitations of Discretion To Modify an Adjudged Sentence to 
Less Than Mandatory Minimum Sentence.--Section 860(c) of title 10, 
United States Code (article 60(c) of the Uniform Code of Military 
Justice) is amended--
            (1) in paragraph (2), by striking ``The convening 
        authority'' and inserting the following:
    ``(B) Except as provided in paragraph (4), the convening 
authority''; and
            (2) by adding at the end the following new paragraph:
    ``(4) If a mandatory minimum sentence exists for a charge, the 
convening authority or another person authorized to act under this 
section may not modify an adjudged sentence to reduce the sentence to 
less than the mandatory minimum sentence, except that, upon the 
recommendation of the trial counsel, the convening authority or other 
person shall have the authority to impose a sentence below a level 
established by statute as a minimum sentence so as to reflect the 
substantial assistance by the accused in the investigation or 
prosecution of another person who has committed an offense.''.
    (d) Explanation for Any Decision Disapproving, Commuting, or 
Suspending Court-Martial Sentence.--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 subparagraph:
    ``(C) If the convening authority or other person makes a decision 
to disapprove, commute, or suspend the sentence in whole or in part, 
the convening authority or such person shall prepare a detailed written 
explanation of such action. Such written explanation shall be 
immediately provided and made a part of the record of the court-martial 
at the time the action is taken and becomes effective.''.
    (e) Conforming Amendment to Other Authority for Convening Authority 
To Suspend Sentence.--Section 871(d) of such title (article 71(d) of 
the Uniform Code of Military Justice) is amended by adding at the end 
the following new sentence: ``Paragraphs (2) and (4) of subsection (c) 
of section 860 of this title (article 60) shall apply to any decision 
by the convening authority or such person to suspend the execution of 
any sentence or part thereof under this subsection.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act and shall 
apply with respect to findings and sentences of courts-martial reported 
to convening authorities under section 860 of title 10, United States 
Code (article 60 of the Uniform Code of Military Justice), as amended 
by this section, on or after that effective date.

SEC. 3. MANDATORY DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED 
              OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE AND 
              TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL.

    (a) Mandatory Discharge or Dismissal Required.--
            (1) Imposition.--Section 856 of title 10, United States 
        Code (article 56 of the Uniform Code of Military Justice) is 
        amended--
                    (A) by inserting ``(a)'' before ``The punishment''; 
                and
                    (B) by adding at the end the following new 
                subsection:
    ``(b)(1) While a person subject to this chapter who is found guilty 
of an offense specified in paragraph (2) shall be punished as a general 
court-martial may direct, such punishment must include, at a minimum, 
dismissal or dishonorable discharge.
    ``(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:
``Sec. 856. Art. 56. Maximum and minimum limits''.
                    (B) Table of sections.--The table of sections at 
                the beginning of subchapter VIII of chapter 47 of such 
                title is amended by striking the item relating to 
                section 856 and inserting the following new item:

``856. Art 56. Maximum and minimum limits.''.
    (b) Jurisdiction Limited to General Courts-Martial.--Section 818 of 
such title (article 18 of the Uniform Code of Military Justice) is 
amended--
            (1) by inserting ``(a)'' before the first sentence;
            (2) in the third sentence, by striking ``However, a general 
        court-martial'' and inserting the following:
    ``(b) A general court-martial''; and
            (3) by adding at the end the following new subsection:
    ``(c) Consistent with sections 819, 820, and 856(b) of this title 
(articles 19, 20, and 56(b)), only general courts-martial have 
jurisdiction over an offense specified in section 856(b)(2) of this 
title (article 56(b)(2)).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 4. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITATIONS ON TRIAL BY 
              COURT-MARTIAL FOR ADDITIONAL OFFENSES INVOLVING SEX-
              RELATED CRIMES.

    (a) Inclusion of Additional Offenses.--Section 843(a) of title 10, 
United States Code (article 43(a) of the Uniform Code of Military 
Justice) is amended by striking ``rape, or rape of a child'' and 
inserting ``rape or sexual assault, or rape or sexual assault of a 
child''.
    (b) Conforming Amendment.--Section 843(b)(2)(B)(i) of title 10, 
United States Code (article 43(b)(2)(B)(i) of the Uniform Code of 
Military Justice) is amended by inserting before the period at the end 
the following: ``, unless the offense is covered by subsection (a)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to an offense 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. 5. CONSIDERATION OF NEED FOR, AND AUTHORITY TO PROVIDE FOR, 
              TEMPORARY ADMINISTRATIVE REASSIGNMENT OR REMOVAL OF A 
              MEMBER 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:
``Sec. 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 provided 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 a sexual assault or other sex-related offense covered by 
section 920, 920a, 920b, or 920c of this title (article 120, 120a, 
120b, or 120c of the Uniform Code of Military Justice) should be 
temporarily reassigned or removed from a position of authority or 
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 Determinations.--A determination described in 
subsection (a) may be made at any time after receipt of notification of 
an unrestricted report of a sexual assault or other sex-related offense 
that identifies the member as an alleged perpetrator.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
673 the following new item:

``674. Temporary administrative reassignment or removal of a member on 
                            active duty accused of committing a sexual 
                            assault or related offense.''.
    (c) Additional Training Requirement for Commanders.--The Secretary 
of Defense shall provide for inclusion of information and discussion 
regarding the availability 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. 6. VICTIMS' COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES COMMITTED 
              BY MEMBERS OF THE ARMED FORCES AND RELATED PROVISIONS.

    (a) Designation and Duties.--
            (1) In general.--Chapter 53 of title 10, United States 
        Code, is amended by inserting after section 1044d the following 
        new section:
``Sec. 1044e. Victims' Counsel for victims of sex-related offenses 
              committed by members of the armed forces
    ``(a) Designation; Purposes.--Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned shall designate legal 
counsel (to be known as `Victims' Counsel') for the purpose of 
providing legal assistance to any member of the armed forces, any 
dependent of a member, or any other individual eligible for military 
legal assistance under section 1044 of this title, who is the victim of 
a sex-related offense, regardless of whether the allegation is 
restricted or unrestricted.
    ``(b) Types of Legal Assistance.--The types of legal assistance 
contemplated by this subsection may 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 
        Assistance Program (VWAP), including--
                    ``(A) the rights and benefits afforded the victim;
                    ``(B) the role of the Victim/Witness Advocate or 
                Liaison and what privileges do or do not exist between 
                the victim and the Advocate or Liaison; and
                    ``(C) the nature of communication made to the 
                Victim/Witness Advocate or Liaison as opposed to 
                communication made to the Legal Assistance Attorney.
            ``(3) Legal consultation regarding the potential for civil 
        litigation against other parties (other than the Department of 
        Defense).
            ``(4) Legal consultation regarding any proceedings of the 
        military justice process that the victim may observe.
            ``(5) Legal consultation regarding the military justice 
        system, including--
                    ``(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 or participate 
                as a witness or other party;
                    ``(C) the Government's authority to compel 
                cooperation and testimony; and
                    ``(D) the victim's responsibility to testify, and 
                other duties to the court.
            ``(6) Accompanying the victim at any proceedings in 
        connection with the reporting, military investigation, and 
        military prosecution of the alleged sex-related offense.
            ``(7) Legal consultation regarding--
                    ``(A) services available from appropriate agencies 
                or offices for emotional and mental health counseling 
                and other medical services;
                    ``(B) eligibility for and requirements for 
                obtaining any available military and veteran benefits, 
                such as transitional compensation benefits found in 
                section 1059 of this title and other State and Federal 
                victims' compensation programs; and
                    ``(C) the availability of, and any protections 
                offered by, civilian and military restraining orders.
            ``(8) Legal consultation and assistance in personal civil 
        legal matters in accordance with section 1044 of this title.
            ``(9) Such other legal assistance as the Secretary 
        concerned may specify under this subsection.
    ``(c) Qualifications.--An individual may not be designated as a 
Victims' Counsel under this section unless the individual is--
            ``(1) a judge advocate or a civilian attorney serving as a 
        legal assistance attorney who is a graduate of an accredited 
        law school and is a member of the bar of a Federal court or of 
        the highest court of a State; and
            ``(2) is certified as competent to be designated as a 
        Victims' Counsel by the Judge Advocate General of the Armed 
        Force of which the individual is a member.
    ``(d) Administrative Responsibility.--Under such regulations as may 
be prescribed by the Secretary concerned, the Judge Advocate General 
(as defined in 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.
    ``(e) Sex-Related Offense Defined.--In this subsection, a `sex-
related offense' includes--
            ``(1) any offense covered by section 920, 920a, 920b, 920c, 
        or 925 (article 120, 120a, 120b, 120c, or 125 of the Uniform 
        Code of Military Justice); or
            ``(2) an attempt to commit an offense specified in a 
        paragraph (1) as punishable under section 880 of this title 
        (article 80 of the Uniform Code of Military Justice).
    ``(f) Availability of Victims' Counsel.--A member of the armed 
forces, or a dependent of a member, or any other individual eligible 
for military legal assistance under section 1044 of this title, who is 
the victim of an alleged sex-related offense shall be provided 
assistance by a Victims' Counsel upon report of an allegation of a sex-
related offense or at the time the victim seeks assistance from a 
Sexual Assault Response Coordinator, a Sexual 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 concerned for purposes of this subsection. The assistance 
of a Victims' Counsel under this subsection shall be available to a 
member or a dependent regardless of whether the member or dependent 
elects unrestricted or restricted reporting of the sex-related offense. 
The member or dependent shall also be informed that the assistance of 
the Victims' Counsel is an option and may be declined, in whole or in 
part, at any time.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1044d the following new item:

``1044e. Victims' Counsel for victims of sexual assault-related 
                            offenses committed by members of the armed 
                            forces.''.
            (3) Conforming amendment.--Section 1044(d)(2)(B) of this 
        title is amended by striking ``and 1044d'' and inserting 
        ``1044d, and 1044e''.
    (b) Enhanced Training Requirement.--The 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, within the guidelines provided by the 
Secretary of Defense, in-depth and advanced training for all military 
and civilian attorneys assigned under section 1044 or 1044e of title 
10, United States Code, to provide legal assistance to victims of sex-
related offenses.
    (c) Secretary of Defense Reporting Requirement.--
            (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 of the Senate and the House of Representatives a 
        report outlining how the Armed Forces have implemented 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 Panels established by section 576 of the National 
        Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
        239; 126 Stat. 1758), and the Joint Services Committee on 
        Military Justice.
    (d) Additional Duties for Independent Review Panel.--The 
Independent Review Panel established by section 576(a)(1) of the 
National Defense Authorization Act for Fiscal Year 2013 (Public Law 
112-239; 126 Stat. 1758) shall include as part of its duties the 
following:
            (1) An assessment of the roles, responsibilities, and 
        authorities of the Victims' Counsel to provide legal assistance 
        to victims of sex-related offenses under section 1044e of title 
        10, United States Code, as added by subsection (a).
            (2) An assessment of whether the roles, responsibilities, 
        and authorities of the Victims' Counsel to provide legal 
        assistance to victims of sex-related offenses under such 
        section should be expanded to include legal standing to 
        represent the alleged victim during investigative and military 
        justice proceedings in connection with the prosecution of a 
        sex-related offense.

SEC. 7. SECRETARY OF DEFENSE REPORT ON SENTENCING REFORM.

    (a) Reports Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on sentencing guidelines and mandatory minimum 
sentencing provisions under the Uniform Code of Military Justice.
    (b) Contents of Report.--The report required by subsection (a) 
shall include the following:
            (1) An assessment of the effects of mandatory minimum 
        sentencing provisions under the Uniform Code of Military 
        Justice on the goal of eliminating unwarranted sentencing 
        disparity and other goals of sentencing.
            (2) An assessment of the penalties imposed by the current 
        mandatory minimum sentences in relation to the offenses for 
        which imposed under the Uniform Code of Military Justice.
            (3) A description of the interaction between mandatory 
        minimum sentencing provisions under the Uniform Code of 
        Military Justice and plea agreements.
            (4) An assessment of the appropriateness of statutorily 
        mandated minimum sentencing provisions for additional serious 
        offenses under the Uniform Code of Military Justice.
            (5) An assessment of the advisory sentencing guidelines 
        used in civilian courts and whether it would be advisable to 
        promulgate sentencing guidelines for use in courts-martial.
            (6) Any other information that the Secretary of Defense 
        determines would contribute to a thorough assessment of 
        sentencing guidelines and mandatory minimum sentencing 
        provisions under the Uniform Code of Military Law.

SEC. 8. SECRETARY OF DEFENSE REPORT ON ROLE OF COMMANDERS IN MILITARY 
              JUSTICE PROCESS.

    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 an assessment of the current role of commanders in the 
administration of military justice and the investigation, prosecution, 
and adjudication of offenses under the Uniform Code of Military 
Justice. Specifically, the Secretary of Defense shall assess the post-
trial authority of a commander under section 860 of title 10, United 
States Code (article 60 of the Uniform Code of Military Justice), as 
amended by section 2, and include in the report a recommendation 
regarding whether this authority should be further modified or 
repealed.
                                 <all>