,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bjjb  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ae1 #bjac ,mr4 
,ryan of ,ohio 7for himself1 ,ms4       
,granger1 ,ms4 ,mc,collum1 ,ms4 ,kuster1
 ,mrs4 ,lowey1 ,ms4 ,kaptur1 ,mr4 ,cole1
 and ,mr4 ,crenshaw7 introduced the     
following bill2 which was referred to   
the ,committee on ,armed ,services  ,a  
,,bill  ,to amend title #aj1 ,united    
,states ,code1 to enhance assistance for
 victims of sexual assault committed by 
members of the ,armed ,forces1 and for  
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,combating     
,military ,sexual ,assault ,act of      
#bjac4  #b4 ,special ,victims' ,counsel 
for victims of sexual assault committed 
by members of the ,armed ,forces  7a7   
,special ,victims' ,counsel for victims 
of sexual assault committed by members  
of the ,armed ,forces  7#a7 ,in general 
,not later than #ahj days after the date
 of the enactment of this ,act1 the     
,secretaries of the military departments

 shall each implement a program on the  
provision of a ,special ,victims'       
,counsel to victims of a sexual assault 
committed by a member of the ,armed     
,forces4  7#b7 ,qualification ,an       
individual may not be designated as a   
,special ,victims' ,counsel under this  
subsection unless the individual is--   
7,a7 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 ,state2 and     
7,b7 is certified as competent to be    
designated as a ,special ,victims'      
,counsel by the ,judge ,advocate        
,general of the ,armed ,force of which  
the individual is a member4  7#c7       
,duties  7,a7 ,in general ,subject to   
subparagraph 7,c71 the duties of a      
,special ,victims' ,counsel shall       
include the provision of legal          
representation to a victim in connection
 with criminal and civil legal matters  
related to the sexual assault committed 
against the victim1 including the       

following3  7i7 ,legal assistance       
regarding criminal liability of the     
victim4  7ii7 ,legal assistance         
regarding the victim's responsibility to
 testify1 and other duties to the court4
  7iii7 ,legal assistance regarding the 
potential for civil litigation against  
other parties 7other than the           
,department of ,defense74  7iv7 ,legal  
assistance regarding any proceeding in  
connection with the reporting1          
investigation1 and prosecution of the   
sexual assault4  7v7 ,legal assistance  
regarding civilian and military         
restraining and protective orders4  7vi7
 ,legal assistance regarding available  
military and veteran benefits4  7vii7   
,legal assistance in personal civil     
legal matters in connection with the    
sexual assault in accordance with       
section #ajdd of title #aj1 ,united     
,states ,code4  7viii7 ,such other legal
 representation1 advice1 and assistance 
as the ,secretary of the military       
department concerned shall specify for  

purposes of the program implemented     
under this subsection4  7,b7 ,nature of 
relationship ,the relationship between a
 ,special ,victims' ,counsel and a      
victim shall be the relationship between
 an attorney and client4  7,c7          
,representation excluded ,in providing  
legal representation1 advice1 and       
assistance1 a ,special ,victims'        
,counsel may not provide legal          
representation or appearance in any     
court1 or administrative hearing1 except
 under the following circumstances3  7i7
 ,to the extent that a victim has a     
right to be heard1 in accordance with   
the ,manual for ,courts ,martial1 in    
proceedings under the ,uniform ,code of 
,military ,justice1 the ,special        
,victims' ,counsel may provide that     
representation and appear on behalf of  
the victim1 unless excluded by the      
,secretary of ,defense in accordance    
with clause 7ii74  7ii7 ,the ,secretary 
of ,defense may determine to explicitly 
exclude ,special ,victims' ,counsel from

 appearing at a hearing at which a      
victim has a right to be heard1 but1 if 
,special ,victims' ,counsel are to be   
excluded from certain hearings1 the     
,secretary of ,defense shall submit a   
report to ,congress at the time of      
implementation of this ,act explaining  
why the appearance of ,special ,victim's
 ,counsel at the hearings would         
adversely affect the constitutional     
rights of the accused4  7iii7 ,to the   
extent such representation and          
appearance is allowed under regulations 
promulgated by the ,secretary of the    
military department concerned regarding 
the provision of legal assistance in    
accordance with section #ajdd of title  
#aj1 ,united ,states ,code4  7#d7       
,revision of ,manual for                
,courts-,martial on appearances by      
special victim's counsel ,not later than
 #ahj days after the date of the        
enactment of this ,act1 the ,manual for 
,courts-,martial shall be revised to    
provide that military victims of crime1 

in proceedings under the ,uniform ,code 
of ,military ,justice1 to the extent    
victims have a right to be heard1 they  
have a right to be heard through        
counsel1 if represented and if counsel  
is reasonably available1 unless counsel 
are excluded by the ,secretary of       
,defense in accordance with clause 7ii74
  7b7 ,assistance and reporting  7#a7   
,assistance ,section #aefe;b of title   
#aj1 ,united ,states ,code1 is amended--
  7,a7 by redesignating subsection 7b7  
as subsection 7c72 and  7,b7 by         
inserting after subsection 7a7 the      
following new subsection 7b73  7b7      
,availability of ,special ,victims'     
,counsel for victims of sexual assault  
committed by members of the ,armed      
,forces  7#a7 ,a member of the armed    
forces1 or a dependent of a member1 who 
is the victim of a sexual assault       
described in paragraph 7#b7 may be      
provided assistance by a ,special       
,victims' ,counsel4  7#b7 ,a sexual     
assault described in this paragraph is  

any offense if alleged to have been     
committed by a member of the armed      
forces as follows3  7,a7 ,any offense   
covered by section #ibj of this title   
7article #abj of the ,uniform ,code of  
,military ,justice74  7,b7 ,an attempt  
to commit an offense specified in       
subparagraph 7,a7 or 7,b7 as punishable 
under section #hhj of this title        
7article #hj of the ,uniform ,code of   
,military ,justice74  7#c7 ,a member of 
the armed forces or dependent who is the
 victim of sexual assault described in  
paragraph 7#b7 shall be informed of the 
availability of assistance under        
paragraph 7#a7 as soon as the member or 
dependent seeks assistance from a       
,sexual ,assault ,response ,coordinator1
 a ,sexual ,assault ,victim ,advocate1 a
 military criminal investigator1 a      
victim_/witness liaison1 a trial        
counsel1 health care providers1 or any  
other personnel designated by the       
,secretary of the military department   
concerned for purposes of this          

paragraph4 ,the member or dependent     
shall also be informed that the         
assistance of a ,special ,victims'      
,counsel under paragraph 7#a7 is        
optional and may be declined1 in whole  
or in part1 at any time4  7#d7          
,assistance of a ,special ,victims'     
,counsel under paragraph 7#a7 shall be  
available to a member or dependent      
regardless of whether the member or     
dependent elects unrestricted or        
restricted 7confidential7 reporting of  
the sexual assault4  4  7#b7 ,reporting 
,subsection 7c7 of such section1 as     
redesignated by paragraph 7#a77;,a7 of  
this subsection1 is further amended in  
paragraph 7#b7--  7,a7 by redesignating 
subparagraph 7,c7 as subparagraph 7,d72 
and  7,b7 by inserting after            
subparagraph 7,b7 the following new     
subparagraph 7,c73  7,c7 ,a ,special    
,victims' ,counsel4  4  7c7 ,conforming 
amendments to authority on ,,sarc1      
,,sava1 and related assistance          
,subsection 7a7 of such section is      

amended--  7#a7 in paragraph 7#a71 by   
striking may and inserting shall1 upon  
request12 and  7#b7 in paragraph 7#b7-- 
7,a7 by inserting a ,special ,victims'  
,counsel1 after a ,sexual ,assault      
,victim ,advocate12 and  7,b7 by        
striking or a trial counsel and         
inserting a trial counsel1 a health care
 provider1 or any other person          
designated by the ,secretary of the     
military department concerned for       
purposes of this paragraph4  7d7        
,conforming and clerical amendments     
7#a7 ,heading amendment ,the heading of 
such section is amended to read as      
follows3  #aefe;b4 ,victims of sexual   
assault3 access to legal assistance and 
services of ,sexual ,assault            
,coordinators1 ,sexual ,assault ,victim 
,advocates1 and ,special ,victims'      
,counsels  4  7#b7 ,table of sections   
,the table of sections at the beginning 
of chapter #hj of such title is amended 
by striking the item relating to section
 #aefe;b and inserting the following new

 item3  #aefe;b4 ,victims of sexual     
assault3 access to legal assistance and 
services of ,sexual ,assault            
,coordinators1 ,sexual ,assault ,victim 
,advocates1 and ,special ,victims'      
,counsels4  4  #c4 ,enhanced            
responsibilities of ,sexual ,assault    
,prevention and ,response ,office for   
,department of ,defense sexual assault  
prevention and response program  7a7 ,in
 general ,section #afaa7;b7 of the ,ike 
,skelton ,national ,defense             
,authorization ,act for ,fiscal ,year   
#bjaa 7#aj ,u4,s4,c4 #aefa note7 is     
amended by striking shall-- and all the 
follows and inserting 8shall do the     
following3  7#a7 ,oversee development   
and implementation of the comprehensive 
policy for the ,department of ,defense  
sexual assault prevention and response  
program1 including guidance and         
assistance for the military departments 
in addressing matters relating to sexual
 assault prevention and response4  7#b7 
,serve as the single point of authority1

 accountability1 and oversight for the  
sexual assault prevention and response  
program4  7#c7 ,undertake responsibility
 for the oversight of the implementation
 of the sexual assault prevention and   
response program by the ,armed ,forces4 
7#d7 ,collect1 maintain1 and disseminate
 data of the military departments on    
sexual assault in accordance with       
section #afae4  7#e7 ,provide oversight 
to ensure that the military departments 
maintain documents relating to the      
following3  7,a7 ,allegations and       
complaints of sexual assault involving  
members of the ,armed ,forces4  7,b7    
,courts-martial or trials of members of 
the ,armed ,forces for offenses relating
 to sexual assault4  7#f7 ,act as       
liaison between the ,department of      
,defense and other ,federal and ,state  
agencies on programs and efforts        
relating to sexual assault prevention   
and response4  7#g7 ,oversee development
 of strategic program guidance and joint
 planning objectives for resources in   

support of the sexual assault prevention
 and response program1 and make         
recommendations on modifications to     
policy1 law1 and regulations needed to  
ensure the continuing availability of   
such resources4  7#h7 ,provide to the   
,secretary of ,veterans ,affairs any    
records or documents on sexual assault  
in the ,armed ,forces1 including        
restricted reports with the approval of 
the individuals who filed such reports1 
that are required by the ,secretary of  
,veterans ,affairs for purposes of the  
administration of the laws administered 
by the ,secretary of ,veterans ,affairs4
  4  7b7 ,collection and ,maintenance of
 ,data ,subtitle ,a of title ,,xvi of   
such ,act 7#aj ,u4,s4,c4 #aefa note7 is 
amended by adding at the end the        
following new section3  #afae4          
,collection and maintenance of data of  
military departments on sexual assault  
prevention and response ,in carrying out
 the requirements of section            
#afaa7;b77#d71 the ,director of the     

,sexual ,assault ,prevention and        
,response ,office shall do the          
following3  7#a7 ,collect1 in a manner  
consistent with the policy and          
procedures developed pursuant to section
 #ehf of the ,national ,defense         
,authorization ,act for ,fiscal ,year   
#bjab 7,public ,law #aab-ha2 #aj        
,u4,s4,c4 #aefa note71 from each        
military department on a quarterly and  
annual basis data of such military      
department on sexual assaults involving 
members of the ,armed ,forces4  7#b7    
,maintain data collected from the       
military departments under paragraph    
7#a74  7#c7 ,assemble from the data     
collected each calendar-year quarter    
under this section a quarterly report on
 the involvement of members of the      
,armed ,forces in incidents of sexual   
assault4  7#d7 ,develop metrics to      
measure the effectiveness of1 and       
compliance with1 training and awareness 
objectives of the military departments  
on sexual assault prevention and        

response4  7#e7 ,establish categories of
 information to be provided by the      
military departments in connection with 
reports on sexual assault prevention and
 response1 including1 but not limited   
to1 the annual reports required by      
section #afca1 and ensure that the      
submittals of the military departments  
for purposes of such reports include    
data within such categories4  4  7c7    
,element on unit of accused and victim  
in case synopses in annual report on    
sexual assaults  7#a7 ,in general       
,section #afca7;f7 of such ,act 7#aj    
,u4,s4,c4 #aefa note7 is amended--  7,a7
 by redesignating paragraphs 7#e7 and   
7#f7 as paragraphs 7#f7 and 7#g71       
respectively2 and  7,b7 by inserting    
after paragraph 7#d7 the following new  
paragraph 7#e73  7#e7 ,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 assault4  4   

7#b7 ,application of amendments ,the    
amendments made by paragraph 7#a7 shall 
apply beginning with the report         
regarding sexual assaults involving     
members of the ,armed ,forces required  
to be submitted by ,march #a1 #bjad1    
under section #afca of the ,ike ,skelton
 ,national ,defense ,authorization ,act 
for ,fiscal ,year #bjaa4  #d4           
,disposition and other requirements for 
sex-related offenses under the ,uniform 
,code of ,military ,justice  7a7        
,disposition and other requirements     
7#a7 ,in general ,subchapter ,,vi of    
chapter #dg of title #aj1 ,united       
,states ,code 7the ,uniform ,code of    
,military ,justice71 is amended by      
inserting after section #hcj 7article   
#cj7 the following new section          
7article73  #hcj;a4 ,art4 #cj;a4        
,sex-related offenses3 disposition and  
other requirements  7a7 ,in general     
,notwithstanding any other provision of 
this chapter1 charges on offenses       
specified in subsection 7b7 shall be    

subject to the disposition requirements 
in subsection 7c7 and subject to the    
other requirements and limitations set  
forth in this section4  7b7 ,covered    
offenses ,the charges on offenses       
specified in this subsection are charges
 on the offenses as follows3  7#a7 ,any 
offense covered by section #ibj of this 
title 7article #abj74  7#b7 ,an attempt 
to commit an offense specified in       
paragraph 7#a7 or 7#b7 as punishable    
under section #hhj of this title        
7article #hj74  7c7 ,disposition        
requirements  7#a7 ,subject to paragraph
 7#b71 the charges on any offense       
specified in subsection 7b7 shall be    
referred to an appropriate authority for
 convening general courts-martial under 
section #hbb of this title 7article #bb7
 for disposition4  7#b7 ,if the         
appropriate authority to whom charges   
described in paragraph 7#a7 would be    
referred under that paragraph is a      
member with direct supervisory authority
 over the member alleged to have        

committed the offense1 such charges     
shall be referred for disposition to a  
superior authority competent to convene 
general courts-martial4  7d7 ,victim's  
rights ,a victim of an offense specified
 in subsection 7b7 shall have rights as 
follows3  7#a7 ,to a ,special ,victims' 
,counsel provided under section         
#aefe;b7b7 of this title4  7#b7 ,to have
 all communications between the victim  
and any ,sexual ,assault ,response      
,coordinator1 ,sexual ,assault ,victim  
,advocate1 or ,special ,victims'        
,counsel for the victim considered      
privileged communications for purposes  
of the case and any proceedings relating
 to the case4  7e7 ,availability of writ
 of mandamus ,to seek enforcement of the
 rights accorded a victim under         
subsection 7d71 the victim may apply for
 a writ of mandamus4 ,the right shall   
first be asserted to the military judge 
in any court-martial proceeding in which
 the accused is being tried4 ,the       
military judge shall take up and decide 

any motion asserting a victim's right in
 this section4 ,if the military judge   
denies the relief sought1 the victim may
 petition the court of criminal appeals 
for a writ of mandamus4 ,the ,court of  
,criminal ,appeals for an armed force   
has jurisdiction to grant relief sought 
under this paragraph4 ,if the court of  
appeals denies the relief sought1 the   
reasons for the denial shall be clearly 
stated on the record in a written       
opinion4  4  7#b7 ,clerical amendment   
,the table of sections at the beginning 
of subchapter ,,vi of chapter #dg of    
such title 7the ,uniform ,code of       
,military ,justice7 is amended by       
inserting after the item relating to    
section #hcj 7article #cj7 the following
 new item3  #hcj;a4 ,art4 #cj;a4        
,sex-related offenses3 disposition and  
other requirements4  4  7b7 ,revision of
 ,manual for ,courts-,martial ,the      
,joint ,service ,committee on ,military 
,justice shall amend the ,manual for    
,courts-,martial to reflect the         

requirements in section #hcj;a of title 
#aj1 ,united ,states ,code 7article     
#hcj;a of the ,uniform ,code of         
,military ,justice71 as added by this   
section1 including1 in particular1      
section #cjf of the ,manual relating to 
disposition of charges4  #e4            
,modification of authorities and        
responsibilities of convening           
authorities in taking actions on the    
findings and sentences of courts-martial
  7a7 ,in general ,section #hfj7;c7 of  
title #aj1 ,united ,states ,code        
7article #fj7;c7 of the ,uniform ,code  
of ,military ,justice71 is amended--    
7#a7 in paragraph 7#b71 by adding at the
 end the following new sentence3 ,in    
taking such an action 7other than an    
action to approve a sentence71 the      
convening authority or other person     
taking such action shall prepare a      
written justification of such action1   
which written justification shall be    
made a part of the record of the        
court-martial42  7#b7 in paragraph 7#c71

 by striking the second sentence2 and   
7#c7 by adding at the end the following 
new paragraphs3  7#d7 ,if a convening   
authority or other person acts on the   
findings of a court-martial1 the        
convening authority or other person may 
not1 except for a charge or             
specification for a minor offense--     
7,a7 dismiss any charge or specification
 by setting aside a finding of guilty   
thereto2 or  7,b7 change a finding of   
guilty to a charge or specification to a
 finding of guilty to an offense that is
 a lesser included offense of the       
offense stated in the charge or         
specification4  7#e7 ,for purposes of   
this section 7article71 whether an      
offense is minor depends on the nature  
of the offense1 the circumstances       
surrounding its commission1 and the     
maximum sentence imposable for the      
offense if tried by general             
court-martial4 ,ordinarily1 a minor     
offense is an offense for which the     
maximum sentence imposable would not    

include dismissal or a dishonorable     
discharge or confinement for longer than
 one year4 ,the decision whether an     
offense is minor is a matter of         
discretion of the convening authority1  
except that no offense of a sexual      
nature may be considered minor4  4  7b7 
,effective date ,the amendments made by 
this section shall take effect on the   
date of the enactment of this ,act1 and 
shall apply with respect to findings and
 sentences of courts-martial reported to
 convening authorities under section    
#hfj of title #aj1 ,united ,states ,code
 7article #fj of the ,uniform ,code of  
,military ,justice71 as so amended1 on  
or after that date4  #f4 ,availability  
of ,sexual ,assault ,response           
,coordinators for members of the        
,national ,guard  7a7 ,availability in  
each ,national ,guard ,state and        
,territory ,section #ehd7;a7 of the     
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjab 7,public ,law   
#aab-ha2 #abe ,stat4 #adcc2 #aj         

,u4,s4,c4 #aefa note7 is amended--  7#a7
 by redesignating paragraph 7#b7 as     
paragraph 7#c72 and  7#b7 by inserting  
after paragraph 7#a7 the following new  
paragraph 7#b73  7#b7 ,availability in  
each ,national ,guard ,state and        
territory ,the ,national ,guard of each 
,state and ,territory shall ensure that 
a ,sexual ,assault ,response            
,coordinator is available at all times  
to the members of the ,national ,guard  
of such ,state or ,territory4 ,the      
,secretary of the ,army and the         
,secretary of the ,air ,force may1 in   
consultation with the ,chief of the     
,national ,guard ,bureau1 assign        
additional ,sexual ,assault ,response   
,coordinators in a ,state or ,territory 
as necessary based on the resource      
requirements of ,national ,guard units  
within such ,state or ,territory4 ,any  
additional ,sexual ,assault ,response   
,coordinator may serve on a full-time or
 part-time basis at the discretion of   
the assigning ,secretary4  4  7b7       

,availability ,to provide assistance for
 members of the ,national ,guard in     
,state status ,section #aefe;b of title 
#aj1 ,united ,states ,code1 as amended  
by section #b of this ,act1 is further  
amended in subsection 7a7--  7#a7 by    
redesignating paragraphs 7#b7 and 7#c7  
as paragraphs 7#c7 and 7#d71            
respectively2 and  7#b7 by inserting    
after paragraph 7#a7 the following new  
paragraph 7#b73  7#b7 ,in the case of a 
member of the ,national ,guard in ,state
 status under title #cb who is the      
victim of a sexual assault1 assistance  
provided by a ,sexual ,assault ,response
 ,coordinator shall be provided by the  
,sexual ,assault ,response ,coordinator 
,assistance available in the ,state or  
,territory concerned under paragraph    
7#b7 of section #ehd7;a7 of the         
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjab 7#aj ,u4,s4,c4  
#aefa note71 but1 with the approval of  
the ,secretary of the ,army or the      
,secretary of the ,air ,force1 as       

applicable1 may also be provided by     
,sexual ,assault ,response ,coordinator 
assigned under paragraph 7#a7 of that   
section4  4