[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1775 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 253
113th CONGRESS
  1st Session
                                S. 1775

  To improve the sexual assault prevention and response programs and 
    activities of the Department of Defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2013

 Mrs. McCaskill (for herself, Ms. Ayotte, and Mrs. Fischer) introduced 
           the following bill; which was read the first time

                            December 9, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To improve the sexual assault prevention and response programs and 
    activities of the Department of Defense, 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 ``Victims Protection 
Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--SEXUAL ASSAULT PREVENTION AND RESPONSE

Sec. 101. Prohibition on service in the Armed Forces by individuals who 
                            have been convicted of certain sexual 
                            offenses.
Sec. 102. 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.
Sec. 103. 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.
Sec. 104. Inclusion and command review of information on sexual-related 
                            offenses in personnel service records of 
                            members of the Armed Forces.
Sec. 105. Enhanced responsibilities of Sexual Assault Prevention and 
                            Response Office for Department of Defense 
                            sexual assault prevention and response 
                            program.
Sec. 106. Comprehensive review of adequacy of training for members of 
                            the Armed Forces on sexual assault 
                            prevention and response.
Sec. 107. Availability of Sexual Assault Response Coordinators for 
                            members of the National Guard and the 
                            Reserves.
Sec. 108. Retention of certain forms in connection with Restricted 
                            Reports and Unrestricted Reports on sexual 
                            assault involving members of the Armed 
                            Forces.
Sec. 109. Special Victims' Counsel for victims of sexual assault 
                            committed by members of the Armed Forces.
Sec. 110. Sense of Congress on commanding officer responsibility for 
                            command climate free of retaliation.
Sec. 111. Commanding officer action on reports on sexual offenses 
                            involving members of the Armed Forces.
Sec. 112. Department of Defense Inspector General investigation of 
                            allegations of retaliatory personnel 
                            actions taken in response to making 
                            protected communications regarding sexual 
                            assault.
Sec. 113. Advancement of submittal deadline for report of independent 
                            panel on assessment of military response 
                            systems to sexual assault.
Sec. 114. Assessment of clemency in the military justice system and of 
                            database of alleged offenders of sexual 
                            assault as additional duties of independent 
                            panel on review and assessment of systems 
                            to respond to sexual assault cases.
Sec. 115. Assessment of provisions and proposed provisions of law on 
                            sexual assault prevention and response as 
                            additional duties of independent panels for 
                            review and assessment of Uniform Code of 
                            Military Justice and judicial proceedings 
                            of sexual assault cases.
Sec. 116. Assessment of compensation and restitution of victims of 
                            offenses under the Uniform Code of Military 
                            Justice as additional duty of independent 
                            panel on review and assessment of judicial 
                            proceedings of sexual assault cases.
Sec. 117. Additional enhancements of military department actions on 
                            sexual assault prevention and response.
Sec. 118. Applicability of sexual assault prevention and response and 
                            related military justice enhancements to 
                            military service academies.
Sec. 119. Collaboration between the Department of Defense and the 
                            Department of Justice in efforts to prevent 
                            and respond to sexual assault.
Sec. 120. Sense of Senate on independent panel on review and assessment 
                            on response systems to sexual assault 
                            crimes.
               TITLE II--RELATED MILITARY JUSTICE MATTERS

Sec. 201. Elimination of five-year statute of limitations on trial by 
                            court-martial for additional offenses 
                            involving sex-related crimes.
Sec. 202. Review of decisions not to refer charges of certain sexual 
                            offenses to trial by court-martial.
Sec. 203. Defense counsel interview of complaining witnesses in 
                            presence of trial counsel or outside 
                            counsel.
Sec. 204. 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. 205. Limitation on authority of convening authority to modify 
                            findings of a court-martial.
Sec. 206. Participation by complaining witnesses in clemency phase of 
                            courts-martial process.
Sec. 207. Secretary of Defense report on modifications to the Uniform 
                            Code of Military Justice to prohibit sexual 
                            acts and contacts between military 
                            instructors and trainees.
Sec. 208. Sense of Senate on disposition of charges involving certain 
                            sexual misconduct offenses under the 
                            Uniform Code of Military Justice through 
                            courts-martial.
Sec. 209. Sense of Senate on the discharge in lieu of court-martial of 
                            members of the Armed Forces who commit 
                            sexual-related offenses.
          TITLE III--OTHER MILITARY JUSTICE AND LEGAL MATTERS

Sec. 301. Prohibition of retaliation against members of the Armed 
                            Forces for reporting a criminal offense.
Sec. 302. Extension of crime victims' rights to victims of offenses 
                            under the Uniform Code of Military Justice.
Sec. 303. Modification of Manual for Courts-Martial to eliminate factor 
                            relating to character and military service 
                            of the accused in rule on initial 
                            disposition of offenses.
Sec. 304. Preliminary hearings on alleged offenses under the Uniform 
                            Code of Military Justice.

            TITLE I--SEXUAL ASSAULT PREVENTION AND RESPONSE

SEC. 101. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO 
              HAVE BEEN CONVICTED OF CERTAIN SEXUAL OFFENSES.

    (a) Prohibition.--
            (1) In general.--Chapter 37 of title 10, United States 
        Code, is amended adding at the end the following new section:
``Sec. 657. Prohibition on service in the armed forces by individuals 
              convicted of certain sexual offenses
    ``(a) Prohibition on Commissioning or Enlistment.--A person who has 
been convicted of an offense specified in subsection (b) under Federal 
or State law may not be processed for commissioning or permitted to 
enlist in the armed forces.
    ``(b) Covered Offenses.--An offense specified in this subsection 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. 102. 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:
``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 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning 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 inclusion of information 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 section 585(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 
1561 note).

SEC. 103. 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. 104. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED 
              OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE 
              ARMED FORCES.

    (a) Information on Substantiated Reports on Sexual-Related 
Offenses.--
            (1) In general.--If a complaint of a sexual-related offense 
        is made against a member of the Armed Forces and the complaint 
        is substantiated and the member is convicted by court-martial 
        or receives non-judicial punishment or administrative action 
        for such sexual-related offense, a notation to that effect 
        shall be placed in the personnel service record of the member, 
        regardless of the member's grade.
            (2) Purpose.--The purpose of the inclusion of information 
        in personnel service records under paragraph (1) is to alert 
        commanders to the members of their command who have received 
        courts-martial conviction, non-judicial punishment, or 
        administrative action for sexual-related offenses in order to 
        reduce the likelihood that repeat offenses will escape the 
        notice of commanders.
    (b) Limitation on Placement.--A notation under subsection (a) may 
not be placed in the restricted section of the personnel service record 
of a member.
    (c) Construction.--Nothing in subsection (a) or (b) may be 
construed to prohibit or limit the capacity of a member of the Armed 
Forces to challenge or appeal the placement of a notation, or location 
of placement of a notation, in the member's personnel service record in 
accordance with procedures otherwise applicable to such challenges or 
appeals.
    (d) Substantiated Complaints.--For purposes of implementing this 
section, the Secretary of Defense shall use the definition of 
substantiated developed for purposes of the annual report on sexual 
assaults involving members of the Armed Forces prepared under section 
1631 of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (10 U.S.C. 1561 note).
    (e) Command Review of History of Sexual-Related Offenses of Members 
Upon Assignment or Transfer to New Unit.--
            (1) Review required.--Under uniform regulations prescribed 
        by the Secretary of Defense, the commanding officer of a 
        facility, installation, or unit to which a member of the Armed 
        Forces described in paragraph (2) is permanently assigned or 
        transferred shall review the history of substantiated sexual 
        offenses of the member in order to familiarize such officer 
        with such history of the member.
            (2) Covered members.--A member of the Armed Forces 
        described in this paragraph is a member of the Armed Forces 
        who, at the time of assignment or transfer as described in 
        paragraph (1), has a history of one or more substantiated 
        sexual offenses as documented in the personnel service record 
        of such member or such other records or files as the Secretary 
        shall specify in the regulations prescribed under paragraph 
        (1).

SEC. 105. 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 that 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 and maintain 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 for purposes of the administration of the laws 
        administered by the Secretary.''.
    (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 from each military department on a quarterly 
        and annual basis data of such military department on sexual 
        assaults involving members of the Armed Forces in a manner 
        consistent with the policy and procedures developed pursuant to 
        section 586 of the National Defense Authorization Act for 
        Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy 
        of individuals named in records and the status of records.
            ``(2) Maintain data collected from the military departments 
        under paragraph (1).
            ``(3) Assemble from the data collected and maintained under 
        this section quarterly and annual reports 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. 106. COMPREHENSIVE REVIEW OF ADEQUACY OF TRAINING FOR MEMBERS OF 
              THE ARMED FORCES ON SEXUAL ASSAULT PREVENTION AND 
              RESPONSE.

    (a) Comprehensive Review Required.--
            (1) In general.--The Secretary of Defense shall carry out a 
        review of the adequacy of the training provided members of the 
        Armed Forces on sexual assault prevention and response.
            (2) Responsive action.--Upon completion of the review under 
        paragraph (1), the Secretary shall prescribe in regulations 
        such modifications of the training provided members of the 
        Armed Forces on sexual assault prevention and response as the 
        Secretary considers appropriate to address any inadequacies in 
        such training identified during the review.
    (b) Review of Personnel Responsible for Sexual Assault Prevention 
and Response Activities.--
            (1) Review of personnel.--The Secretary shall carry out a 
        review 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 responsibility for sexual assault 
        prevention and response within the Armed Forces for the 
        discharge of such responsibility.
            (2) Assessment of certain elements of prevention and 
        response program.--In carrying out the review under paragraph 
        (1), the Secretary shall also conduct an assessment of the 
        adequacy of the training and certifications required for 
        certain such personnel by section 584 of the National Defense 
        Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 
        Stat. 1433; 10 U.S.C. 1561 note).
            (3) Responsive personnel actions.--If as a result of the 
        review under paragraph (1) the Secretary determines that any 
        member or civilian employee described in that paragraph does 
        not have the training, qualifications, or experience required 
        to discharge the responsibility referred to in that paragraph, 
        the Secretary shall take appropriate responsive actions, 
        including--
                    (A) re-training or re-certification of such member 
                or civilian employee; or
                    (B) reassigning such member or civilian employee to 
                duties other than sexual assault prevention and 
                response and replacing such member or civilian with a 
                member or civilian employee qualified to discharge such 
                responsibility.
            (4) Responsive actions regarding program elements.--Upon 
        completion of the review under paragraph (1), the Secretary 
        shall prescribe in regulations the following:
                    (A) Appropriate minimum levels of training, 
                qualifications, and experience for members of the Armed 
                Forces and civilian personnel of the Department for the 
                discharge of responsibilities for sexual assault 
                prevention and response within the Armed Forces.
                    (B) Such requirements for improvements in the 
                training provided to members and civilian employees 
                referred to in subparagraph (A) as the Secretary 
                considers appropriate, including improvements to the 
                training and certifications referred to in paragraph 
                (2), in order to ensure that such members and civilian 
                employees are properly trained and certified to 
                discharge responsibilities for sexual assault 
                prevention and response within the Armed Forces.
                    (C) Such requirements for improvements in the 
                processes used to select and assign personnel to sexual 
                assault prevention and response billets as the 
                Secretary considers appropriate to ensure that the 
                highest caliber candidates are selected and assigned to 
                such billets.
            (5) Report required.--Not later than 120 days after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report setting forth the following:
                    (A) The findings and responsive action taken based 
                on review under paragraph (1).
                    (B) Recommendations of the Secretary for such 
                legislative action as the Secretary considers 
                appropriate--
                            (i) to improve training provided members of 
                        the Armed Forces on sexual assault and 
                        prevention; and
                            (ii) to ensure that sexual assault 
                        prevention and response positions are 
                        considered career enhancing assignments.

SEC. 107. AVAILABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS FOR 
              MEMBERS OF THE NATIONAL GUARD AND THE 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 
        paragraph (2):
            ``(2) Availability for members of the national guard and 
        reserves.--The Secretary of the military department concerned 
        shall ensure that each 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 Reserve; or
                    ``(B) is the victim of a sexual assault committed 
                by a member of the National Guard or Reserves,
        has access to a Sexual Assault Response Coordinator not later 
        than two business days following the date of such member's 
        request for assistance from a Sexual Assault Response 
        Coordinator.''.

SEC. 108. 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. 109. SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF SEXUAL ASSAULT 
              COMMITTED BY MEMBERS OF THE ARMED FORCES.

    (a) Special Victims' Counsel for Certain 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 members of the Armed Forces, and 
        dependents of members, who are 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) 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 advice and assistance to a victim 
                described in paragraph (1) in connection with criminal 
                and civil legal matters related to the sexual assault 
                committed against the victim, including the following:
                            (i) Legal advice and assistance regarding 
                        any potential criminal liability of the victim.
                            (ii) Legal advice and assistance regarding 
                        the victim's responsibility to testify, and 
                        other duties to the court.
                            (iii) Legal advice regarding the potential 
                        for civil litigation against other parties 
                        (other than the Department of Defense).
                            (iv) Legal advice regarding any proceedings 
                        of the military justice process which the 
                        victim may observe.
                            (v) Legal advice and assistance regarding 
                        any proceeding of the military justice process 
                        in which the victim may participate as a 
                        witness or other party.
                            (vi) Legal advice and assistance regarding 
                        available military or civilian restraining or 
                        protective orders.
                            (vii) Legal advice and assistance regarding 
                        available military and veteran benefits.
                            (viii) Legal assistance in personal civil 
                        legal matters in connection with the sexual 
                        assault in accordance with section 1044 of 
                        title 10, United States Code.
                            (ix) Such other legal 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 in the 
                provision of legal advice and assistance shall be the 
                relationship between an attorney and client.
    (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) Rape or sexual assault under 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) 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, health care providers, or 
                any other personnel 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. 110. SENSE OF CONGRESS ON COMMANDING OFFICER RESPONSIBILITY FOR 
              COMMAND CLIMATE FREE OF RETALIATION.

    It is the sense of Congress that--
            (1) commanding officers are responsible for establishing a 
        command climate in which sexual assault allegations are 
        properly managed and fairly evaluated and a victim can report 
        criminal activity, including sexual assault, without fear of 
        retaliation, including ostracism and group pressure from other 
        members of the command;
            (2) the failure of commanding officers to maintain such a 
        command climate is an appropriate basis for relief from their 
        command positions; and
            (3) senior officers should evaluate subordinate commanding 
        officers on their performance in establishing a command climate 
        as described in paragraph (1) during the regular periodic 
        counseling and performance appraisal process prescribed by the 
        Armed Force concerned for inclusion in the systems of records 
        maintained and used for assignment and promotion selection 
        boards.

SEC. 111. COMMANDING OFFICER ACTION ON REPORTS ON SEXUAL OFFENSES 
              INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Immediate Action Required.--A commanding officer who receives a 
report of a sexual-related offense involving a member of the Armed 
Forces in the chain of command of such officer shall act upon the 
report in accordance with subsection (b) immediately after receipt of 
the report by the commanding officer.
    (b) Action Required.--The action required by this subsection with 
respect to a report described in subsection (a) is the referral of the 
report to the military criminal investigation organization with 
responsibility for investigating that offense of the military 
department concerned or such other investigation service of the 
military department concerned as the Secretary of the military 
department concerned may specify for purposes of this section.

SEC. 112. DEPARTMENT OF DEFENSE 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. 113. 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. 114. ASSESSMENT OF CLEMENCY IN THE MILITARY JUSTICE SYSTEM AND OF 
              DATABASE OF ALLEGED OFFENDERS OF SEXUAL ASSAULT AS 
              ADDITIONAL DUTIES OF INDEPENDENT PANEL ON REVIEW AND 
              ASSESSMENT OF SYSTEMS TO RESPOND TO SEXUAL ASSAULT CASES.

    Paragraph (1) of Section 576(d) of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 
1760) is amended--
            (1) in subparagraph (B), by adding at the end the following 
        new sentence: ``The comparison shall also include an assessment 
        of the opportunities for clemency provided in the military and 
        civilian systems, the appropriateness of clemency proceedings 
        in the military system, the manner in which clemency 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.'';
            (2) by redesignating subparagraph (I) as subparagraph (J); 
        and
            (3) by inserting after subparagraph (H) the following new 
        subparagraph (I):
                    ``(I) 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 protected, searchable database accessible only 
                to military criminal investigators, Sexual Assault 
                Response Coordinators, 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, particularly 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.''.

SEC. 115. ASSESSMENT OF PROVISIONS AND PROPOSED PROVISIONS OF LAW ON 
              SEXUAL ASSAULT PREVENTION AND RESPONSE AS ADDITIONAL 
              DUTIES OF INDEPENDENT PANELS FOR REVIEW AND ASSESSMENT OF 
              UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS 
              OF SEXUAL ASSAULT CASES.

    (a) Assessment as Additional Duties of Panel on Response Systems to 
Sexual Assault Crimes.--Paragraph (1) of section 576(d) of the National 
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 
Stat. 1760), as amended by section 114 of this Act, is further 
amended--
            (1) by redesignating subparagraph (J) as subparagraph (L); 
        and
            (2) by inserting after subparagraph (I) the following new 
        subparagraphs:
                    ``(J) An assessment of the effectiveness of the 
                provisions of law on sexual assault prevention and 
                response in the Victims Protection Act of 2013, 
                including the provisions establishing or amending 
                requirements and authorities relating to sexual assault 
                prevention and response.
                    ``(K) An assessment of the potential effectiveness 
                of the provisions of law on sexual assault prevention 
                and response offered by Senators who are members of the 
                Committee on Armed of the Senate in the markup by the 
                Committee of the Bill to enact the National Defense 
                Authorization Act for Fiscal Year 2014, and not adopted 
                by the Committee during that markup for that Bill, 
                including the provisions seeking to establish or amend 
                requirements and authorities relating to sexual assault 
                prevention and response.''.
    (b) Assessment as Additional Duties of Panel on Judicial 
Proceedings.--Paragraph (2) of such section is amended--
            (1) by redesignating subparagraph (J) as subparagraph (L); 
        and
            (2) by inserting after subparagraph (I) the following new 
        subparagraphs:
                    ``(J) Monitor and assess the implementation of the 
                provisions of law on judicial proceedings in connection 
                with sexual assault in the Victims Protection Act of 
                2013, including provisions amending chapter 47 of title 
                10, United States Code (the Uniform Code of Military 
                Justice), and provisions establishing or amending other 
                requirements and authorities relating to such judicial 
                proceedings.
                    ``(K) Assess the potential effectiveness of the 
                provisions of law on judicial proceedings on sexual 
                assault offered by Senators who are members of the 
                Committee on Armed of the Senate in the markup by the 
                Committee of the Bill to enact the National Defense 
                Authorization Act for Fiscal Year 2014, and not adopted 
                by the Committee during that markup for that Bill, 
                including provisions seeking to amend chapter 47 of 
                title 10, United States Code (the Uniform Code of 
                Military Justice), and provisions seeking to establish 
                or amend other requirements and authorities relating to 
                such judicial proceedings.''.
    (c) Transmittal of Provisions Offered but Not Adopted.--The 
Chairman and Ranking Member of the Committee on Armed Services of the 
Senate shall jointly transmit to the independent panels established 
pursuant to paragraphs (1) and (2) of section 576(a) of the National 
Defense Authorization Act for Fiscal Year 2013 (126 Stat. 1758) the 
applicable provisions of law offered by Senators who are members of the 
Committee on Armed of the Senate in the markup by the Committee of the 
Bill to enact the National Defense Authorization Act for Fiscal Year 
2014, and not adopted by the Committee during that markup for that 
Bill, for purposes of the discharge by such panels of the additional 
duties arising under the amendments made by subsections (a) and (b).

SEC. 116. ASSESSMENT OF COMPENSATION AND RESTITUTION OF VICTIMS OF 
              OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE AS 
              ADDITIONAL DUTY OF INDEPENDENT PANEL ON REVIEW AND 
              ASSESSMENT OF JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT 
              CASES.

    Paragraph (2) of section 576(d) of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 
1761), as amended by section 115(b) of this Act, is further amended--
            (1) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (2) by inserting after subparagraph (K) the following new 
        subparagraph (L):
                    ``(L) Assess the adequacy of the provision of 
                compensation and restitution for victims of offenses 
                under chapter 47, of title 10, United States Code (the 
                Uniform Code of Military Justice), and develop 
                recommendations on expanding such 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 meriting 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.''.

SEC. 117. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON 
              SEXUAL ASSAULT PREVENTION AND RESPONSE.

    (a) Additional Duty of Special Victims' Counsel.--In addition to 
the duties specified in section 109(a)(3), a Special Victims' Counsel 
designated under section 539 shall provide advice to victims of sexual 
assault on the advantages and disadvantages of prosecution of the 
offense concerned by court-martial or by a civilian court with 
jurisdiction over the offense before such victims express their 
preference as to the prosecution of the offense under subsection (b).
    (b) Consultation With Victims Regarding Preference in Prosecution 
of Certain Sexual Offenses.--
            (1) In general.--The Secretaries of the military 
        departments shall each establish a process to ensure 
        consultation with the victim of a covered sexual offense that 
        occurs in the United States with respect to the victim's 
        preference as to whether the offense should be prosecuted by 
        court-martial or by a civilian court with jurisdiction over the 
        offense.
            (2) Weight afforded preference.--The preference expressed 
        by a victim under paragraph (1) with respect to the prosecution 
        of an offense, while not binding, should be afforded great 
        weight in the determination whether to prosecute the offense by 
        court-martial or by a civilian court.
            (3) Notice to victim of lack of civilian criminal 
        prosecution after preference for such prosecution.--In the 
        event a victim expresses a preference under paragraph (1) in 
        favor of prosecution of an offence by civilian court and the 
        civilian authorities determine to decline prosecution, or defer 
        to prosecution by court-martial, the victim shall be promptly 
        notified of that determination.
    (c) Performance Appraisals of Members of the Armed Forces.--
            (1) Appraisals of all members on compliance with sexual 
        assault prevention and response programs.--The Secretaries of 
        the military departments shall each ensure that the written 
        performance appraisals of members of the Armed Forces (whether 
        officers or enlisted members) under the jurisdiction of such 
        Secretary include an assessment of the extent to which each 
        such member supports the sexual assault prevention and response 
        program of the Armed Force concerned.
            (2) Performance appraisals of commanding officers.--The 
        Secretaries of the military departments shall each ensure that 
        the performance appraisals of commanding officers under the 
        jurisdiction of such Secretary indicate the extent to which 
        each such commanding officer has or has not established a 
        command climate in which--
                    (A) allegations of sexual assault are properly 
                managed and fairly evaluated; and
                    (B) a victim can report criminal activity, 
                including sexual assault, without fear of retaliation, 
                including ostracism and group pressure from other 
                members of the command.
    (d) Command Climate Assessments Following Incidents of Certain 
Sexual Offenses.--
            (1) Assessments required.--The Secretaries of the military 
        departments shall each establish a process whereby a command 
        climate assessment is performed following an incident involving 
        a covered sexual offense for each of the command of the accused 
        and the command of the victim. If the accused and the victim 
        are within the same command, only a single climate assessment 
        is required. The process shall ensure the timely completion of 
        command climate assessments for provision to military criminal 
        investigation organizations and commanders pursuant to 
        paragraph (2).
            (2) Provision to military criminal investigation 
        organizations and commanders.--A command climate assessment 
        performed pursuant to paragraph (1) shall be provided to the 
        following:
                    (A) The military criminal investigation 
                organization conducting the investigation of the 
                offense concerned.
                    (B) The commander next higher in the chain of 
                command of the command covered by the climate 
                assessment.
    (e) Confidential Review of Characterization of Terms of Discharge 
of Victims of Sexual Offenses.--
            (1) In general.--The Secretaries of the military 
        departments shall each establish a confidential process, 
        through boards for the correction of military records of the 
        military department concerned, by which an individual who was 
        the victim of a covered sexual offense during service in the 
        Armed Forces may challenge, on the basis of being the victim of 
        such an offense, the terms or characterization of the 
        individual's discharge or separation from the Armed Forces.
            (2) Consideration of individual experiences in connection 
        with offenses.--In deciding whether to modify the terms or 
        characterization of an individual's discharge or separation 
        pursuant to the process required by paragraph (1), the 
        Secretary of the military department concerned shall instruct 
        boards to give due consideration to the psychological and 
        physical aspects of the individual's experience in connection 
        with the offense concerned, and to what bearing such experience 
        may have had on the circumstances surrounding the individual's 
        discharge or separation from the Armed Forces.
            (3) Preservation of confidentiality.--Documents considered 
        and decisions rendered pursuant to the process required by 
        paragraph (1) shall not be made available to the public, except 
        with the consent of the individual concerned.
    (f) Covered Sexual Offense Defined.--In subsections (a) through 
(e), the term ``covered sexual offense'' means any of the following:
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of title 10, United States Code (article 120 of the 
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United 
        States Code (article 125 of the Uniform Code of Military 
        Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2) as punishable under section 880 of title 10, United 
        States Code (article 80 of the Uniform Code of Military 
        Justice).
    (g) Modification of Military Rules of Evidence Relating to 
Admissibility of General Military Character Toward Probability of 
Innocence.--Not later than 180 days after the date of the enactment of 
this Act, Rule 404(a) of the Military Rules of Evidence shall be 
modified to clarify that the general military character of an accused 
is not admissible for the purpose of showing the probability of 
innocence of the accused, except that evidence of a trait of the 
military character of an accused may be offered in evidence by the 
accused when that trait is relevant to an element of an offense for 
which the accused has been charged.

SEC. 118. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND 
              RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE 
              ACADEMIES.

    (a) Military Service Academies.--The Secretary of the military 
department concerned shall ensure that the provisions of this title, 
and the amendments made by this title, apply to the United States 
Military Academy, the Naval Academy, and the Air Force Academy, as 
applicable.
    (b) Coast Guard Academy.--The Secretary of Homeland Security shall 
ensure that the provisions of this Act, and the amendments made by this 
Act, apply to the Coast Guard Academy.

SEC. 119. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE 
              DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND 
              TO SEXUAL ASSAULT.

    (a) Strategic Framework on Collaboration Required.--Not later than 
270 days after the date of the enactment of this Act, the Secretary of 
Defense and the Attorney General shall jointly develop a strategic 
framework for ongoing collaboration between the Department of Defense 
and the Department of Justice in their efforts to prevent and respond 
to sexual assault. The framework shall be based on and include the 
following:
            (1) An assessment of the role of the Department of Justice 
        in investigations and prosecutions of sexual assault cases in 
        which the Department of Defense and the Department of Justice 
        have concurrent jurisdiction, with the assessment to include a 
        review of and list of recommended revisions to relevant 
        Memoranda of Understanding and related documents between the 
        Department of Justice and the Department of Defense.
            (2) An assessment of the feasibility of establishing the 
        position of advisor on military sexual assaults within the 
        Department of Justice (using existing Department resources and 
        personnel) to assist in the activities required under paragraph 
        (1)and provide to the Department of Defense investigative and 
        other assistance in sexual assault cases occurring on domestic 
        and overseas military installations over which the Department 
        of Defense has primary jurisdiction, with the assessment to 
        address the feasibility of maintaining representatives or 
        designees of the advisor at military installations for the 
        purpose of reviewing cases of sexual assault and providing 
        assistance with the investigation and prosecution of sexual 
        assaults.
            (3) An assessment of the number of unsolved sexual assault 
        cases that have occurred on military installations, and a plan, 
        with appropriate benchmarks, to review those cases using 
        currently available civilian and military law enforcement 
        resources, such as new technology and forensics information.
            (4) A strategy to leverage efforts by the Department of 
        Defense and the Department of Justice--
                    (A) to improve the quality of investigations, 
                prosecutions, specialized training, services to 
                victims, awareness, and prevention regarding sexual 
                assault; and
                    (B) to address social conditions that relate to 
                sexual assault.
            (5) Mechanisms to promote information sharing and best 
        practices between the Department of Defense and the Department 
        of Justice on prevention and response to sexual assault, 
        including victim assistance through the Violence against Women 
        Act and Office for Victims of Crime programs of the Department 
        of Justice.
    (b) Report.--The Secretary of Defense and the Attorney General 
shall jointly submit to the appropriate committees of Congress a report 
on the framework required by subsection (a). The report shall--
            (1) describe the manner in which the Department of Defense 
        and Department of Justice will collaborate on an ongoing basis 
        under the framework;
            (2) explain obstacles to implementing the framework; and
            (3) identify changes in laws necessary to achieve the 
        purpose of this section.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        the Judiciary of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        the Judiciary of the House of Representatives.

SEC. 120. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT 
              ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.

    It is the sense of the Senate that--
            (1) the panel to review and assess the systems used to 
        respond to sexual assault established by section 576 of the 
        National Defense Authorization Act for Fiscal Year 2013 (Public 
        Law 112-239; 126 Stat. 1758) is conducting an independent 
        assessment of the systems used to investigate, prosecute, and 
        adjudicate crimes involving adult sexual assault and related 
        offenses;
            (2) the work of the panel will be critical in informing the 
        efforts of Congress to combat rape, sexual assault, and other 
        sex-related crimes in the Armed Forces;
            (3) the panel should include in its assessment under 
        subsection (d)(1) of section 576 of the National Defense 
        Authorization Act for Fiscal Year 2013 a review of the reforms 
        that will be enacted pursuant to this title and the amendments 
        made by this title; and
            (4) the views of the victim advocate community should 
        continue to be well-represented on the panel, and input from 
        victims should continue to play a central role in informing the 
        work of the panel.

               TITLE II--RELATED MILITARY JUSTICE MATTERS

SEC. 201. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITATIONS ON TRIAL BY 
              COURT-MARTIAL FOR ADDITIONAL OFFENSES INVOLVING SEX-
              RELATED CRIMES.

    (a) In General.--Subsection (a) of section 843 of title 10, United 
States Code (article 43 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.--Subsection (b)(2)(B)(i) of such section 
(article) 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 
apply with respect to offenses committed on or after the date of the 
enactment of this Act.

SEC. 202. REVIEW OF DECISIONS NOT TO REFER CHARGES OF CERTAIN SEXUAL 
              OFFENSES TO TRIAL BY COURT-MARTIAL.

    (a) In General.--The Secretary of Defense shall require the 
Secretaries of the military departments to provide for review of 
decisions not to refer charges to trial by court-martial in cases where 
a specified sexual offense has been alleged by a victim of the alleged 
offense.
    (b) Specified Sexual Offenses.--For purposes of this section, a 
specified sexual offense is any of the following:
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of title 10, United States Code (article 120 of the 
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United 
        States Code (article 125 of the Uniform Code of Military 
        Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2) as punishable under section 880 of title 10, United 
        States Code (article 80 of the Uniform Code of Military 
        Justice).
    (c) Review of Cases Not Referred to Court-martial Following Staff 
Judge Advocate or Senior Trial Counsel Recommendation of Referral for 
Trial.--In any case where a staff judge advocate, pursuant to section 
834 of title 10, United States Code (article 34 of the Uniform Code of 
Military Justice), or the senior trial counsel detailed to the case 
recommends that charges of a specified sexual offense be referred to 
trial by court-martial and the convening authority decides not to refer 
the charges to a court-martial, the convening authority shall forward 
the case file to the Secretary of the military department concerned for 
review as a superior authorized to exercise general court-martial 
convening authority.
    (d) Review of Cases Not Referred to Court-martial Following Staff 
Judge Advocate or Senior Trial Counsel Recommendation Not to Refer for 
Trial.--In any case where a staff judge advocate, pursuant to section 
834 of title 10, United States Code (article 34 of the Uniform Code of 
Military Justice), or the senior trial counsel detailed to the case 
recommends that charges of a specified sexual offense should not be 
referred to trial by court-martial and the convening authority decides 
not to refer the charges to a court-martial, the convening authority 
shall forward the case file for review by a superior commander 
authorized to exercise general court-martial convening authority.
    (e) Elements of Case File.--A case file forwarded to higher 
authority pursuant to subsection (c) or (d) shall include the 
following:
            (1) All charges and specifications preferred under section 
        830 of title 10, United States Code (article 30 of the Uniform 
        Code of Military Justice).
            (2) All reports of investigations of such charges, 
        including the military criminal investigative organization 
        investigation report and the investigating officer's report 
        under section 832 of title 10, United States Code (article 32 
        of the Uniform Code of Military Justice).
            (3) The written advice of the staff judge advocate to the 
        convening authority pursuant to section 834 of title 10, United 
        States Code (article 34 of the Uniform Code of Military 
        Justice), together with a certification by the staff judge 
        advocate as to whether the facts as reported by the victim of 
        the alleged offense or complaining witness, if true, would or 
        would not constitute a specified sexual offense.
            (4) A written statement explaining the reasons for the 
        convening authority's decision not to refer the charges to 
        trial by court-martial.
            (5) A certification that the victim of the alleged offense 
        or complaining witness was informed of the convening 
        authority's decision to forward the case as provided in 
        subsection (c) or (d).
    (f) Notice on Results or Review.--The victim of the alleged offense 
shall be notified of the results of the review conducted under 
subsection (c) or (d) in the manner prescribed by the victims and 
witness assistance program of the Armed Force concerned.
    (g) Allegation of Specified Sexual Offense.--The Secretary of 
Defense shall require the Secretaries of the military departments to 
develop a system to ensure that a victim of an alleged offense has an 
opportunity to specify that the offense alleged is a specified sexual 
offense either at the time of making an unrestricted report of the 
allegation or during the criminal investigation of the allegation.

SEC. 203. DEFENSE COUNSEL INTERVIEW OF COMPLAINING WITNESSES IN 
              PRESENCE OF TRIAL COUNSEL OR OUTSIDE COUNSEL.

    Section 846 of title 10, United States Code (article 46 of the 
Uniform Code of Military Justice), is amended--
            (1) by inserting ``(a) Opportunity To Obtain Witnesses and 
        Other Evidence.--'' before ``The trial counsel'';
            (2) by striking ``Process issued'' and inserting the 
        following:
    ``(c) Process.--Process issued''; and
            (3) by inserting after subsection (a), as designated by 
        paragraph (1), the following new subsection (b):
    ``(b) Interview of Complaining Witnesses by Defense Counsel.--(1) 
Upon notice by trial counsel to defense counsel of the name and address 
of the complaining witness or witnesses trial counsel intends to call 
to testify in any portion of an investigation under section 832 of this 
title (article 32) or a court-martial under this chapter, defense 
counsel shall make all requests to interview any such complaining 
witness through trial counsel.
    ``(2) If requested by a complaining witness subject to a request 
for interview under paragraph (1), any interview of the witness by 
defense counsel shall take place only in the presence of trial counsel, 
counsel for the witness, or outside counsel.''.

SEC. 204. 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) In general.--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) While a person subject to this chapter who is found guilty of 
an offense under section 920, 920b, or 925 of this title (article 120, 
120b, or 125) or an attempt to commit such an offense as punishable 
under section 880 of this title (article 80) shall be punished as a 
general court-martial may direct, such punishment must include, at a 
minimum, dismissal or dishonorable discharge.''.
            (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 section 810, 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. 205. LIMITATION ON AUTHORITY OF CONVENING AUTHORITY TO MODIFY 
              FINDINGS OF A COURT-MARTIAL.

    (a) Limitation of Authority to Offenses That Would Not Normally 
Warrant Trial by Court-martial.--Subsection (c) of section 860 of title 
10, United States Code (article 60 of the Uniform Code of Military 
Justice), is amended--
            (1) in paragraph (3)--
                    (A) by inserting ``may be taken'' after ``findings 
                of a court-martial'';
                    (B) by striking ``is not required. However,'' and 
                inserting ``only with respect to a qualified offense. 
                With respect to such an offense,'';
                    (C) by striking ``may--'' and all that follows 
                through ``(A) dismiss'' and inserting ``may dismiss'';
                    (D) by striking ``; or'' and inserting a period; 
                and
                    (E) by striking subparagraph (B); and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) In paragraph (3), the term `qualified offense' means, 
except as provided in subparagraph (B), an offense under this chapter 
for which--
            ``(i) the maximum sentence of confinement that may be 
        adjudged does not exceed one year; and
            ``(ii) the sentence adjudged does not include dismissal, a 
        dishonorable or bad-conduct discharge, or confinement for more 
        than six months.
    ``(B) Such term does not include the following:
            ``(i) An offense under section 920 of this title (article 
        120).
            ``(ii) An offense under section 920a of this title (article 
        120a).
            ``(iii) An offense under section 920b of this title 
        (article 120b).
            ``(iv) An offense under section 920c of this title (article 
        120c).
            ``(v) Such other offenses as the Secretary of Defense may 
        prescribe by regulation.''.
    (b) Requirement for Explanation in Writing.--Such subsection is 
further amended by adding after paragraph (4), as added by subsection 
(a)(2), the following new paragraph:
    ``(5) If the convening authority or other person authorized to act 
under this section modifies the findings or sentence of a court-
martial, such person shall prepare a written explanation for such 
modification. Such explanation shall be made a part of the record of 
trial and action thereon.''.
    (c) Conforming Amendment.--Subsection (e)(3) of such section 
(article) is amended in the first sentence by inserting ``(if 
authorized to do so under subsection (c))'' after ``findings and 
sentence''.
    (d) Effective Date.--The amendments made by subsections (a) and (c) 
shall apply with respect to offenses committed on or after the date of 
the enactment of this Act.

SEC. 206. PARTICIPATION BY COMPLAINING WITNESSES IN CLEMENCY PHASE OF 
              COURTS-MARTIAL PROCESS.

    Section 860(b) of title 10, United States Code (article 60(b) of 
the Uniform Code of Military Justice), is amended by adding at the end 
the following new paragraphs:
    ``(5)(A) If an accused elects to submit matters for consideration 
by the convening authority under this subsection, a copy of any portion 
of such matters that refers to a complaining witness shall be provided 
to the complaining witness before the convening authority takes any 
action on the findings or sentence under this section.
    ``(B)(i) Upon receipt of matters under this paragraph, a 
complaining witness shall have 10 days to submit materials in response 
to such matters to the convening authority.
    ``(ii) If a complaining witness shows that additional time is 
required for submission of materials under this subparagraph, the 
convening authority or other person taking action under this section, 
for good cause, may extend the applicable period for submission of such 
materials for not more than an additional 20 days.
    ``(6) In any case in which findings and sentence have been adjudged 
for an offense involving a complaining witness, the complaining witness 
shall be provided an opportunity to submit matters to the convening 
authority for consideration prior to taking action under this section.
    ``(7) The convening authority shall not consider under this section 
any submitted matters that go to the character of a complaining witness 
unless such matters were presented at the court-martial.''.

SEC. 207. SECRETARY OF DEFENSE REPORT ON MODIFICATIONS TO THE UNIFORM 
              CODE OF MILITARY JUSTICE TO PROHIBIT SEXUAL ACTS AND 
              CONTACTS BETWEEN MILITARY INSTRUCTORS AND TRAINEES.

    (a) Report Required.--Not later than 60 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 setting forth the recommendations of the 
Secretary for such legislative action as the Secretary considers 
appropriate to modify chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), to prohibit sexual acts and contacts 
between military instructors and their trainees.
    (b) Covered Military Instructors.--For purposes the report required 
by this section, military instructors shall include the following:
            (1) Drill Sergeants in the Army.
            (2) Drill Instructors in the Marine Corps.
            (3) Recruit Division Commanders in the Navy.
            (4) Military Training instructors in the Air Force.
            (5) Company Commanders in the Coast Guard.
            (6) Such other members of the Armed Forces as the Secretary 
        considers appropriate for purposes of the report as having 
        supervisory authority over new recruits in the Armed Forces 
        undergoing basic training (or its equivalent).

SEC. 208. SENSE OF SENATE ON DISPOSITION OF CHARGES INVOLVING CERTAIN 
              SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF 
              MILITARY JUSTICE THROUGH COURTS-MARTIAL.

    (a) Sense of Senate.--It is the sense of the Senate that--
            (1) any charge regarding an offense specified in subsection 
        (b) should be disposed of by court-martial, rather than by non-
        judicial punishment or administrative action; and
            (2) in the case of any charge regarding an offense 
        specified in subsection (b) that is disposed of by non-judicial 
        punishment or administrative action, rather than by court-
        martial, the disposition authority should include in the case 
        file a justification for the disposition of the charge by non-
        judicial punishment or administrative action, rather than by 
        court-martial.
    (b) Covered Offenses.--An offense specified in this subsection is 
any of the following offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice):
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of such chapter (article 120 of the Uniform Code of 
        Military Justice).
            (2) Forcible sodomy under section 925 of such chapter 
        (article 125 of the Uniform Code of Military Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2), as punishable under section 880 of such chapter 
        (article 80 of the Uniform Code of Military Justice).

SEC. 209. SENSE OF SENATE ON THE DISCHARGE IN LIEU OF COURT-MARTIAL OF 
              MEMBERS OF THE ARMED FORCES WHO COMMIT SEXUAL-RELATED 
              OFFENSES.

    It is the sense of the Senate that--
            (1) the Armed Forces should be sparing in discharging in 
        lieu of court-martial members of the Armed Forces who have 
        committed rape, sexual assault, forcible sodomy, or attempts to 
        commit such offenses, and should do so only when the facts of 
        the case clearly warrant such discharge;
            (2) whenever possible, the victims of offenses referred to 
        in paragraph (1) should be consulted prior to the determination 
        regarding whether to discharge the members who committed such 
        offenses;
            (3) commanding officers should consider the views of 
        victims of offenses referred to in paragraph (1) when 
        determining whether to discharge the members who committed such 
        offenses in lieu of trying such members by court-martial; and
            (4) the discharge of any member who is discharged as 
        described in paragraph (1) should be characterized as Other 
        Than Honorable.

          TITLE III--OTHER MILITARY JUSTICE AND LEGAL MATTERS

SEC. 301. PROHIBITION OF RETALIATION AGAINST MEMBERS OF THE ARMED 
              FORCES FOR REPORTING A CRIMINAL OFFENSE.

    (a) Regulations on Prohibition of Retaliation Required.--The 
Secretary of Defense shall, not later than 120 days after the date of 
the enactment of this Act, prescribe regulations, or require the 
Secretaries of the military departments to prescribe regulations, that 
prohibit retaliation against an alleged victim or other member of the 
Armed Forces who reports a criminal offense. The regulations shall 
prescribe that a violation of the regulations is an offense punishable 
under section 892 of title 10, United States Code (article 92 of the 
Uniform Code of Military Justice).
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report setting forth the recommendations of the Secretary as 
to whether chapter 47 of title 10, United States Code (the Uniform Code 
of Military Justice), should be amended to prohibit retaliation against 
an alleged victim or other member of the Armed Forces who reports a 
criminal offense.
    (c) Retaliation.--For purposes of this section, retaliation shall 
include, as a minimum, taking or threatening to take any adverse 
personnel action, or failing to take or threatening not to take a 
favorable personnel action, with respect to a member of the Armed 
Forces because the member reported a criminal offense.

SEC. 302. EXTENSION OF CRIME VICTIMS' RIGHTS TO VICTIMS OF OFFENSES 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall recommend to the 
President modifications to the Manual for Courts-Martial, and prescribe 
such other regulations as the Secretary considers appropriate, to 
enforce the rights of victims of military crimes as specified in 
subsection (b) and to ensure compliance by responsible members of the 
Armed Forces and personnel of the Department of Defense with the 
obligations to enforce such rights.
    (b) Rights.--The rights of victims of military crimes specified in 
this subsection are the following rights:
            (1) The right to be reasonably protected from the accused.
            (2) The right to reasonable, accurate, and timely notice of 
        any public proceeding in an investigation under section 832 of 
        title 10, United States Code (article 32 of the Uniform Code of 
        Military Justice), court-martial, involuntary plea hearing, 
        pre-sentencing hearing, or parole hearing involving the offense 
        or of any release or escape of the accused.
            (3) The right not to be excluded from any public proceeding 
        referred to in paragraph (2) unless the military judge or 
        investigating officer, as applicable, after receiving clear and 
        convincing evidence, determines that testimony by the victim 
        would be materially altered if the victim heard other testimony 
        at that proceeding.
            (4) The right to be reasonably heard at any public 
        proceeding referred to in paragraph (2).
            (5) The reasonable right to confer with the trial counsel 
        in the case.
            (6) The right to full and timely restitution as provided in 
        law.
            (7) The right to proceedings free from unreasonable delay.
            (8) The right to be treated with fairness and with respect 
        for the victim's dignity and privacy.
    (c) Victims.--
            (1) In general.--For purposes of the recommendations and 
        regulations required by subsection (a), a victim of a military 
        crime shall be any person who has suffered direct physical, 
        emotional, or pecuniary harm as a result of the commission of--
                    (A) an offense under chapter 47 of the Uniform Code 
                of Military Justice; or
                    (B) a violation of any other law if any portion of 
                the investigation of such violation is conducted 
                primarily by an element of the Department of Defense.
            (2) Underage, incompetent, and other individual victims.--
        For such purposes, in the case of a victim who is under 18 
        years of age, incompetent, incapacitated, or deceased, a victim 
        of a military crime includes one of the following (in order of 
        precedence): a spouse, legal guardian, parent, child, sibling, 
        another family member, or another person designated by the 
        military judge or other appropriate authority.
            (3) Institutional entity victims.--For such purposes, if a 
        victim is an institutional entity, the victim of a military 
        crime is an authorized representative of the entity.
            (4) Governmental entities excluded.--For such purposes, 
        departments and agencies of the Federal Government, and 
        agencies of State and local governments, are not victims of 
        military crimes.
    (d) Mechanisms for Affording Rights.--The recommendations and 
regulations required by subsection (a) shall include the following:
            (1) Mechanisms for ensuring that victims of military crimes 
        are afforded the rights specified in subsection (b) in all 
        applicable proceedings.
            (2) Mechanisms for ensuring that members of the Armed 
        Forces and civilian personnel of the Department of Defense 
        (including military judges, trial counsel, military criminal 
        investigation organizations, services, and personnel, and other 
        members and personnel of the Department of Defense engaged in 
        the detection, investigation, or prosecution of offenses under 
        chapter 47 of title 10, United States Code (the Uniform Code of 
        Military Justice)) make their best efforts to see that victims 
        of military crimes are notified of, and accorded, the rights 
        specified in subsection (b) in all applicable proceedings.
            (3) Mechanisms for the enforcement of such rights, 
        including such mechanisms for application for such rights and 
        for consideration and disposition of applications for such 
        rights as the Secretary of Defense considers appropriate.
            (4) The designation of an authority within the Department 
        of Defense to receive and investigate complaints relating to 
        the provision or violation of the rights of victims of military 
        crimes.
            (5) Disciplinary sanctions for members of the Armed Forces 
        and other personnel of the Department of Defense who willfully 
        or wantonly fail to comply with requirements relating to the 
        rights of victims of military crimes.
            (6) Such other mechanisms as the Secretary of Defense 
        considers appropriate.

SEC. 303. MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR 
              RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED 
              IN RULE ON INITIAL DISPOSITION OF OFFENSES.

    Not later than 180 days after the date of the enactment of this 
Act, the discussion pertaining to Rule 306 of the Manual for Courts-
Martial (relating to policy on initial disposition of offenses) shall 
be amended to strike the character and military service of the accused 
from the matters a commander should consider in deciding how to dispose 
of an offense.

SEC. 304. PRELIMINARY HEARINGS ON ALLEGED OFFENSES UNDER THE UNIFORM 
              CODE OF MILITARY JUSTICE.

    (a) Preliminary Hearings.--
            (1) In general.--Section 832 of title 10, United States 
        Code (article 32 of the Uniform Code of Military Justice), is 
        amended to read as follows:
``Sec. 832. Art. 32. Preliminary hearing
    ``(a)(1) No charge or specification may be referred to a general 
court-martial for trial until a judge advocate conducts a preliminary 
hearing.
    ``(2) In exceptional circumstances, an officer other than a judge 
advocate may conduct a preliminary hearing if it is determined that 
detailing a judge advocate to conduct the preliminary hearing is not 
supportable.
    ``(3) Wherever supportable, the judge advocate or officer 
conducting a preliminary hearing shall have a grade equal to or higher 
than the grade of any military counsel who, at the time the judge 
advocate or officer is detailed, has been assigned to represent a party 
at the preliminary hearing.
    ``(4) The preliminary hearing shall be limited to the purpose of 
determining whether there is probable cause to believe an offense has 
been committed and whether the accused committed it.
    ``(5) After conducting the preliminary hearing, the judge advocate 
or officer conducting the preliminary hearing shall prepare a report 
that includes the following:
            ``(A) A determination as to court-martial jurisdiction over 
        the offense and the accused.
            ``(B) A determination as to probable cause.
            ``(C) A consideration of the form of charges.
            ``(D) A recommendation as to the disposition which should 
        be made of the case.
    ``(b)(1) The accused shall be advised of the charges against the 
accused and of the accused's right to be represented by counsel at the 
preliminary hearing. The accused has the right to be represented at the 
preliminary hearing as provided in section 838 of this title (article 
38) and in regulations prescribed under that section.
    ``(2) At the preliminary hearing, the accused may cross-examine 
adverse witnesses if they are available. The accused may offer evidence 
and call witnesses relevant to the probable cause determination.
    ``(3) A victim may not be required to testify at the preliminary 
hearing. A victim who declines to testify shall be deemed to be not 
available for purposes of the preliminary hearing.
    ``(4) The presentation of evidence and examination of witnesses at 
a preliminary hearing shall be limited to the question of probable 
cause.
    ``(c) A preliminary hearing under this section shall be recorded by 
a suitable recording device, and a copy of the recording shall be 
provided to any party upon request. The victim shall have access to the 
recording, upon request, in accordance with regulations prescribed by 
the Secretary concerned for purposes of this section.
    ``(d) The requirements of this section are binding on all persons 
administering this chapter but failure to follow them does not 
constitute jurisdictional error.''.
            (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 striking the 
        item relating to section 832 (article 32) and inserting the 
        following new item:

``832. Art. 32. Preliminary hearing.''.
    (b) Conforming Amendments.--
            (1) Section 834(a)(2) of such title (article 34(a)(2) of 
        the Uniform Code of Military Justice) is amended by striking 
        ``the report of investigation'' and inserting ``the report of 
        the preliminary hearing''.
            (2) Section 838(b)(1) of such title (article 38(b)(1) of 
        the Uniform Code of Military Justice) is amended by striking 
        ``an investigation'' and inserting ``a preliminary hearing''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is one year after the date of the enactment of 
this Act, and shall apply with respect to offenses under chapter 47 of 
title 10, United States Code (the Uniform Code of Military Justice), 
that occur on or after such effective date.
                                                       Calendar No. 253

113th CONGRESS

  1st Session

                                S. 1775

_______________________________________________________________________

                                 A BILL

  To improve the sexual assault prevention and response programs and 
    activities of the Department of Defense, and for other purposes.

_______________________________________________________________________

                            December 9, 2013

            Read the second time and placed on the calendar