[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2002

   To amend title 10, United States Code, to enhance assistance for 
victims of sexual assault committed by members of the Armed Forces, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2013

 Mr. Ryan of Ohio (for himself, Ms. Granger, Ms. McCollum, Ms. Kuster, 
  Mrs. Lowey, Ms. Kaptur, Mr. Cole, and Mr. Crenshaw) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to enhance assistance for 
victims of sexual assault 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.

    This Act may be cited as the ``Combating Military Sexual Assault 
Act of 2013''.

SEC. 2. SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF SEXUAL ASSAULT 
              COMMITTED BY MEMBERS OF THE ARMED FORCES.

    (a) Special Victims' Counsel for Victims of Sexual Assault 
Committed by Members of the Armed Forces.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretaries of the military 
        departments shall each implement a program on the provision of 
        a Special Victims' Counsel to victims of a sexual assault 
        committed by a member of the Armed Forces.
            (2) Qualification.--An individual may not be designated as 
        a Special Victims' Counsel under this subsection unless the 
        individual is--
                    (A) a judge advocate who is a graduate of an 
                accredited law school or is a member of the bar of a 
                Federal court or the highest court of a State; and
                    (B) is certified as competent to be designated as a 
                Special Victims' Counsel by the Judge Advocate General 
                of the Armed Force of which the individual is a member.
            (3) Duties.--
                    (A) In general.--Subject to subparagraph (C), the 
                duties of a Special Victims' Counsel shall include the 
                provision of legal representation to a victim in 
                connection with criminal and civil legal matters 
                related to the sexual assault committed against the 
                victim, including the following:
                            (i) Legal assistance regarding criminal 
                        liability of the victim.
                            (ii) Legal assistance regarding the 
                        victim's responsibility to testify, and other 
                        duties to the court.
                            (iii) Legal assistance regarding the 
                        potential for civil litigation against other 
                        parties (other than the Department of Defense).
                            (iv) Legal assistance regarding any 
                        proceeding in connection with the reporting, 
                        investigation, and prosecution of the sexual 
                        assault.
                            (v) Legal assistance regarding civilian and 
                        military restraining and protective orders.
                            (vi) Legal assistance regarding available 
                        military and veteran benefits.
                            (vii) Legal assistance in personal civil 
                        legal matters in connection with the sexual 
                        assault in accordance with section 1044 of 
                        title 10, United States Code.
                            (viii) Such other legal representation, 
                        advice, and assistance as the Secretary of the 
                        military department concerned shall specify for 
                        purposes of the program implemented under this 
                        subsection.
                    (B) Nature of relationship.--The relationship 
                between a Special Victims' Counsel and a victim shall 
                be the relationship between an attorney and client.
                    (C) Representation excluded.--In providing legal 
                representation, advice, and assistance, a Special 
                Victims' Counsel may not provide legal representation 
                or appearance in any court, or administrative hearing, 
                except under the following circumstances:
                            (i) To the extent that a victim has a right 
                        to be heard, in accordance with the Manual for 
                        Courts Martial, in proceedings under the 
                        Uniform Code of Military Justice, the Special 
                        Victims' Counsel may provide that 
                        representation and appear on behalf of the 
                        victim, unless excluded by the Secretary of 
                        Defense in accordance with clause (ii).
                            (ii) The Secretary of Defense may determine 
                        to explicitly exclude Special Victims' Counsel 
                        from appearing at a hearing at which a victim 
                        has a right to be heard, but, if Special 
                        Victims' Counsel are to be excluded from 
                        certain hearings, the Secretary of Defense 
                        shall submit a report to Congress at the time 
                        of implementation of this Act explaining why 
                        the appearance of Special Victim's Counsel at 
                        the hearings would adversely affect the 
                        constitutional rights of the accused.
                            (iii) To the extent such representation and 
                        appearance is allowed under regulations 
                        promulgated by the Secretary of the military 
                        department concerned regarding the provision of 
                        legal assistance in accordance with section 
                        1044 of title 10, United States Code.
            (4) Revision of manual for courts-martial on appearances by 
        special victim's counsel.--Not later than 180 days after the 
        date of the enactment of this Act, the Manual for Courts-
        Martial shall be revised to provide that military victims of 
        crime, in proceedings under the Uniform Code of Military 
        Justice, to the extent victims have a right to be heard, they 
        have a right to be heard through counsel, if represented and if 
        counsel is reasonably available, unless counsel are excluded by 
        the Secretary of Defense in accordance with clause (ii).
    (b) Assistance and Reporting.--
            (1) Assistance.--Section 1565b of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b) Availability of Special Victims' Counsel for Victims of 
Sexual Assault Committed by Members of the Armed Forces.--(1) A member 
of the armed forces, or a dependent of a member, who is the victim of a 
sexual assault described in paragraph (2) may be provided assistance by 
a Special Victims' Counsel.
    ``(2) A sexual assault described in this paragraph is any offense 
if alleged to have been committed by a member of the armed forces as 
follows:
            ``(A) Any offense covered by section 920 of this title 
        (article 120 of the Uniform Code of Military Justice).
            ``(B) An attempt to commit an offense specified in 
        subparagraph (A) or (B) as punishable under section 880 of this 
        title (article 80 of the Uniform Code of Military Justice).
    ``(3) A member of the armed forces or dependent who is the victim 
of sexual assault described in paragraph (2) shall be informed of the 
availability of assistance under paragraph (1) as soon as the member or 
dependent seeks assistance from a Sexual Assault Response Coordinator, 
a Sexual Assault Victim Advocate, a military criminal investigator, a 
victim/witness liaison, a trial counsel, health care providers, or any 
other personnel designated by the Secretary of the military department 
concerned for purposes of this paragraph. The member or dependent shall 
also be informed that the assistance of a Special Victims' Counsel 
under paragraph (1) is optional and may be declined, in whole or in 
part, at any time.
    ``(4) Assistance of a Special Victims' Counsel under paragraph (1) 
shall be available to a member or dependent regardless of whether the 
member or dependent elects unrestricted or restricted (confidential) 
reporting of the sexual assault.''.
            (2) Reporting.--Subsection (c) of such section, as 
        redesignated by paragraph (1)(A) of this subsection, is further 
        amended in paragraph (2)--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph (C):
            ``(C) A Special Victims' Counsel.''.
    (c) Conforming Amendments to Authority on SARC, SAVA, and Related 
Assistance.--Subsection (a) of such section is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall, upon request,''; and
            (2) in paragraph (2)--
                    (A) by inserting ``a Special Victims' Counsel,'' 
                after ``a Sexual Assault Victim Advocate,''; and
                    (B) by striking ``or a trial counsel'' and 
                inserting ``a trial counsel, a health care provider, or 
                any other person designated by the Secretary of the 
                military department concerned for purposes of this 
                paragraph''.
    (d) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1565b. Victims of sexual assault: access to legal assistance and 
              services of Sexual Assault Coordinators, Sexual Assault 
              Victim Advocates, and Special Victims' Counsels''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 80 of such title is amended by striking 
        the item relating to section 1565b and inserting the following 
        new item:

``1565b. Victims of sexual assault: access to legal assistance and 
                            services of Sexual Assault Coordinators, 
                            Sexual Assault Victim Advocates, and 
                            Special Victims' Counsels.''.

SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL ASSAULT PREVENTION AND 
              RESPONSE OFFICE FOR DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
              PREVENTION AND RESPONSE PROGRAM.

    (a) In General.--Section 1611(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is 
amended by striking ``shall--'' and all the follows and inserting 
``shall do the following:
            ``(1) Oversee development and implementation of the 
        comprehensive policy for the Department of Defense sexual 
        assault prevention and response program, including guidance and 
        assistance for the military departments in addressing matters 
        relating to sexual assault prevention and response.
            ``(2) Serve as the single point of authority, 
        accountability, and oversight for the sexual assault prevention 
        and response program.
            ``(3) Undertake responsibility for the oversight of the 
        implementation of the sexual assault prevention and response 
        program by the Armed Forces.
            ``(4) Collect, maintain, and disseminate data of the 
        military departments on sexual assault in accordance with 
        section 1615.
            ``(5) Provide oversight to ensure that the military 
        departments maintain documents relating to the following:
                    ``(A) Allegations and complaints of sexual assault 
                involving members of the Armed Forces.
                    ``(B) Courts-martial or trials of members of the 
                Armed Forces for offenses relating to sexual assault.
            ``(6) 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.
            ``(7) 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 
        regulations needed to ensure the continuing availability of 
        such resources.
            ``(8) Provide to the Secretary of Veterans Affairs any 
        records or documents on sexual assault in the Armed Forces, 
        including restricted reports with the approval of the 
        individuals who filed such reports, that are required by the 
        Secretary of Veterans Affairs for purposes of the 
        administration of the laws administered by the Secretary of 
        Veterans Affairs.''.
    (b) Collection and Maintenance of Data.--Subtitle A of title XVI of 
such Act (10 U.S.C. 1561 note) is amended by adding at the end the 
following new section:

``SEC. 1615. COLLECTION AND MAINTENANCE OF DATA OF MILITARY DEPARTMENTS 
              ON SEXUAL ASSAULT PREVENTION AND RESPONSE.

    ``In carrying out the requirements of section 1611(b)(4), the 
Director of the Sexual Assault Prevention and Response Office shall do 
the following:
            ``(1) Collect, in a manner consistent with the policy and 
        procedures developed pursuant to section 586 of the National 
        Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
        81; 10 U.S.C. 1561 note), from each military department on a 
        quarterly and annual basis data of such military department on 
        sexual assaults involving members of the Armed Forces.
            ``(2) Maintain data collected from the military departments 
        under paragraph (1).
            ``(3) Assemble from the data collected each calendar-year 
        quarter under this section a quarterly report on the 
        involvement of members of the Armed Forces in incidents of 
        sexual assault.
            ``(4) Develop metrics to measure the effectiveness of, and 
        compliance with, training and awareness objectives of the 
        military departments on sexual assault prevention and response.
            ``(5) Establish categories of information to be provided by 
        the military departments in connection with reports on sexual 
        assault prevention and response, including, but not limited to, 
        the annual reports required by section 1631, and ensure that 
        the submittals of the military departments for purposes of such 
        reports include data within such categories.''.
    (c) Element on Unit of Accused and Victim in Case Synopses in 
Annual Report on Sexual Assaults.--
            (1) In general.--Section 1631(f) of such Act (10 U.S.C. 
        1561 note) is amended--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (4) the following 
                new paragraph (5):
            ``(5) The case synopsis shall indicate the unit of each 
        member of the Armed Forces accused of committing a sexual 
        assault and the unit of each member of the Armed Forces who is 
        a victim of sexual assault.''.
            (2) Application of amendments.--The amendments made by 
        paragraph (1) shall apply beginning with the report regarding 
        sexual assaults involving members of the Armed Forces required 
        to be submitted by March 1, 2014, under section 1631 of the Ike 
        Skelton National Defense Authorization Act for Fiscal Year 
        2011.

SEC. 4. DISPOSITION AND OTHER REQUIREMENTS FOR SEX-RELATED OFFENSES 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Disposition and Other Requirements.--
            (1) In general.--Subchapter VI of chapter 47 of title 10, 
        United States Code (the Uniform Code of Military Justice), is 
        amended by inserting after section 830 (article 30) the 
        following new section (article):
``Sec. 830a. Art. 30a. Sex-related offenses: disposition and other 
              requirements
    ``(a) In General.--Notwithstanding any other provision of this 
chapter, charges on offenses specified in subsection (b) shall be 
subject to the disposition requirements in subsection (c) and subject 
to the other requirements and limitations set forth in this section.
    ``(b) Covered Offenses.--The charges on offenses specified in this 
subsection are charges on the offenses as follows:
            ``(1) Any offense covered by section 920 of this title 
        (article 120).
            ``(2) An attempt to commit an offense specified in 
        paragraph (1) or (2) as punishable under section 880 of this 
        title (article 80).
    ``(c) Disposition Requirements.--(1) Subject to paragraph (2), the 
charges on any offense specified in subsection (b) shall be referred to 
an appropriate authority for convening general courts-martial under 
section 822 of this title (article 22) for disposition.
    ``(2) If the appropriate authority to whom charges described in 
paragraph (1) would be referred under that paragraph is a member with 
direct supervisory authority over the member alleged to have committed 
the offense, such charges shall be referred for disposition to a 
superior authority competent to convene general courts-martial.
    ``(d) Victim's Rights.--A victim of an offense specified in 
subsection (b) shall have rights as follows:
            ``(1) To a Special Victims' Counsel provided under section 
        1565b(b) of this title.
            ``(2) To have all communications between the victim and any 
        Sexual Assault Response Coordinator, Sexual Assault Victim 
        Advocate, or Special Victims' Counsel for the victim considered 
        privileged communications for purposes of the case and any 
        proceedings relating to the case.
    ``(e) Availability of Writ of Mandamus.--To seek enforcement of the 
rights accorded a victim under subsection (d), the victim may apply for 
a writ of mandamus. The right shall first be asserted to the military 
judge in any court-martial proceeding in which the accused is being 
tried. The military judge shall take up and decide any motion asserting 
a victim's right in this section. If the military judge denies the 
relief sought, the victim may petition the court of criminal appeals 
for a writ of mandamus. The Court of Criminal Appeals for an armed 
force has jurisdiction to grant relief sought under this paragraph. If 
the court of appeals denies the relief sought, the reasons for the 
denial shall be clearly stated on the record in a written opinion.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter VI of chapter 47 of such title (the 
        Uniform Code of Military Justice) is amended by inserting after 
        the item relating to section 830 (article 30) the following new 
        item:

``830a. Art. 30a. Sex-related offenses: disposition and other 
                            requirements.''.
    (b) Revision of Manual for Courts-Martial.--The Joint Service 
Committee on Military Justice shall amend the Manual for Courts-Martial 
to reflect the requirements in section 830a of title 10, United States 
Code (article 830a of the Uniform Code of Military Justice), as added 
by this section, including, in particular, section 306 of the Manual 
relating to disposition of charges.

SEC. 5. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF CONVENING 
              AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS AND 
              SENTENCES OF COURTS-MARTIAL.

    (a) In General.--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 adding at the end the following 
        new sentence: ``In taking such an action (other than an action 
        to approve a sentence), the convening authority or other person 
        taking such action shall prepare a written justification of 
        such action, which written justification shall be made a part 
        of the record of the court-martial.'';
            (2) in paragraph (3), by striking the second sentence; and
            (3) by adding at the end the following new paragraphs:
    ``(4) If a convening authority or other person acts on the findings 
of a court-martial, the convening authority or other person may not, 
except for a charge or specification for a minor offense--
            ``(A) dismiss any charge or specification by setting aside 
        a finding of guilty thereto; or
            ``(B) change a finding of guilty to a charge or 
        specification to a finding of guilty to an offense that is a 
        lesser included offense of the offense stated in the charge or 
        specification.
    ``(5) For purposes of this section (article), whether an offense is 
minor depends on the nature of the offense, the circumstances 
surrounding its commission, and the maximum sentence imposable for the 
offense if tried by general court-martial. Ordinarily, a minor offense 
is an offense for which the maximum sentence imposable would not 
include dismissal or a dishonorable discharge or confinement for longer 
than one year. The decision whether an offense is minor is a matter of 
discretion of the convening authority, except that no offense of a 
sexual nature may be considered minor.''.
    (b) 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 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 so amended, on 
or after that date.

SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS FOR 
              MEMBERS OF THE NATIONAL GUARD.

    (a) Availability in Each National Guard State and Territory.--
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 
        paragraph (2):
            ``(2) Availability in each national guard state and 
        territory.--The National Guard of each State and Territory 
        shall ensure that a Sexual Assault Response Coordinator is 
        available at all times to the members of the National Guard of 
        such State or Territory. The Secretary of the Army and the 
        Secretary of the Air Force may, in consultation with the Chief 
        of the National Guard Bureau, assign additional Sexual Assault 
        Response Coordinators in a State or Territory as necessary 
        based on the resource requirements of National Guard units 
        within such State or Territory. Any additional Sexual Assault 
        Response Coordinator may serve on a full-time or part-time 
        basis at the discretion of the assigning Secretary.''.
    (b) Availability To Provide Assistance for Members of the National 
Guard in State Status.--Section 1565b of title 10, United States Code, 
as amended by section 2 of this Act, is further amended in subsection 
(a)--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) In the case of a member of the National Guard in State status 
under title 32 who is the victim of a sexual assault, assistance 
provided by a Sexual Assault Response Coordinator shall be provided by 
the Sexual Assault Response Coordinator Assistance available in the 
State or Territory concerned under paragraph (2) of section 584(a) of 
the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 
1561 note), but, with the approval of the Secretary of the Army or the 
Secretary of the Air Force, as applicable, may also be provided by 
Sexual Assault Response Coordinator assigned under paragraph (1) of 
that section.''.
                                 <all>