,,ii ,calendar ,no4 #bec #aacth         
,,congress  #ast ,session  ,s4 #agge    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,november #ba1 #bjac,mrs4     
,mc,caskill 7for herself1 ,ms4 ,ayotte1 
and ,mrs4 ,fischer7 introduced the      
following bill2 which was read the first
 time  ,december #i1 #bjac,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   
,defense1 and for other purposes4  #a4  
,short title2 table of contents  7a7    
,short title ,this ,act may be cited as 
the ,victims ,protection ,act of #bjac4 
7b7 ,table of contents ,the table of    
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4,,title ,i--,sexual ,assault   
,prevention and ,response,sec4 #aja4    
,prohibition on service in the ,armed   
,forces by individuals who have been    
convicted of certain sexual             
offenses4,sec4 #ajb4 ,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            
offense4,sec4 #ajc4 ,issuance of        
regulations applicable to the ,coast    
,guard regarding consideration of       
request for permanent change of station 
or unit transfer by victim of sexual    
assault4,sec4 #ajd4 ,inclusion and      
command review of information on        
sexual-related offenses in personnel    
service records of members of the ,armed
 ,forces4,sec4 #aje4 ,enhanced          
responsibilities of ,sexual ,assault    
,prevention and ,response ,office for   
,department of ,defense sexual assault  
prevention and response program4,sec4   
#ajf4 ,comprehensive review of adequacy 
of training for members of the ,armed   
,forces on sexual assault prevention and
 response4,sec4 #ajg4 ,availability of  
,sexual ,assault ,response ,coordinators
 for members of the ,national ,guard and
 the ,reserves4,sec4 #ajh4 ,retention of

 certain forms in connection with       
,restricted ,reports and ,unrestricted  
,reports on sexual assault involving    
members of the ,armed ,forces4,sec4     
#aji4 ,special ,victims' ,counsel for   
victims of sexual assault committed by  
members of the ,armed ,forces4,sec4     
#aaj4 ,sense of ,congress on commanding 
officer responsibility for command      
climate free of retaliation4,sec4 #aaa4 
,commanding officer action on reports on
 sexual offenses involving members of   
the ,armed ,forces4,sec4 #aab4          
,department of ,defense ,inspector      
,general investigation of allegations of
 retaliatory personnel actions taken in 
response to making protected            
communications regarding sexual         
assault4,sec4 #aac4 ,advancement of     
submittal deadline for report of        
independent panel on assessment of      
military response systems to sexual     
assault4,sec4 #aad4 ,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 cases4,sec4 #aae4        
,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           
cases4,sec4 #aaf4 ,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 cases4,sec4 #aag4        
,additional enhancements of military    
department actions on sexual assault    
prevention and response4,sec4 #aah4     
,applicability of sexual assault        
prevention and response and related     
military justice enhancements to        
military service academies4,sec4 #aai4  

,collaboration between the ,department  
of ,defense and the ,department of      
,justice in efforts to prevent and      
respond to sexual assault4,sec4 #abj4   
,sense of ,senate on independent panel  
on review and assessment on response    
systems to sexual assault crimes4,,title
 ,,ii--,related ,military ,justice      
,matters,sec4 #bja4 ,elimination of     
five-year statute of limitations on     
trial by court-martial for additional   
offenses involving sex-related          
crimes4,sec4 #bjb4 ,review of decisions 
not to refer charges of certain sexual  
offenses to trial by court-martial4,sec4
 #bjc4 ,defense counsel interview of    
complaining witnesses in presence of    
trial counsel or outside counsel4,sec4  
#bjd4 ,mandatory discharge or dismissal 
for certain sex-related offenses under  
the ,uniform ,code of ,military ,justice
 and trial of such offenses by general  
courts-martial4,sec4 #bje4 ,limitation  
on authority of convening authority to  
modify findings of a court-martial4,sec4

 #bjf4 ,participation by complaining    
witnesses in clemency phase of          
courts-martial process4,sec4 #bjg4      
,secretary of ,defense report on        
modifications to the ,uniform ,code of  
,military ,justice to prohibit sexual   
acts and contacts between military      
instructors and trainees4,sec4 #bjh4    
,sense of ,senate on disposition of     
charges involving certain sexual        
misconduct offenses under the ,uniform  
,code of ,military ,justice through     
courts-martial4,sec4 #bji4 ,sense of    
,senate on the discharge in lieu of     
court-martial of members of the ,armed  
,forces who commit sexual-related       
offenses4,,title ,,iii--,other ,military
 ,justice and ,legal ,matters,sec4 #cja4
 ,prohibition of retaliation against    
members of the ,armed ,forces for       
reporting a criminal offense4,sec4 #cjb4
 ,extension of crime victims' rights to 
victims of offenses under the ,uniform  
,code of ,military ,justice4,sec4 #cjc4 
,modification of ,manual for            

,courts-,martial to eliminate factor    
relating to character and military      
service of the accused in rule on       
initial disposition of offenses4,sec4   
#cjd4 ,preliminary hearings on alleged  
offenses under the ,uniform ,code of    
,military ,justice4  ,i ,sexual ,assault
 ,prevention and ,response  #aja4       
,prohibition on service in the ,armed   
,forces by individuals who have been    
convicted of certain sexual offenses    
7a7 ,prohibition  7#a7 ,in general      
,chapter #cg of title #aj1 ,united      
,states ,code1 is amended adding at the 
end the following new section3  #feg4   
,prohibition on service in the armed    
forces by individuals convicted of      
certain sexual offenses  7a7            
,prohibition on commissioning or        
enlistment ,a person who has been       
convicted of an offense specified in    
subsection 7b7 under ,federal or ,state 
law may not be processed for            
commissioning or permitted to enlist in 
the armed forces4  7b7 ,covered offenses

 ,an offense specified in this          
subsection is any felony offense as     
follows3 7#a7 ,rape or sexual assault4  
7#b7 ,forcible sodomy4  7#c7 ,incest4   
7#d7 ,an attempt to commit an offense   
specified in paragraph 7#a7 through     
7#c71 as punishable under applicable    
,federal or ,state law4  4  7#b7        
,clerical amendment ,the table of       
sections at the beginning of chapter #cg
 of such title is amended by adding at  
the end the following new item3  #feg4  
,prohibition on service in the armed    
forces by individuals convicted of      
certain sexual offenses4  4  7b7 ,repeal
 of superseded prohibition ,section #ebc
 of the ,national ,defense              
,authorization ,act for ,fiscal ,year   
#bjac 7,public ,law #aab-bci2 #abf      
,stat4 #agbc2 #aj ,u4,s4,c4 #ejd note7  
is repealed4  #ajb4 ,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    

7a7 ,in general ,chapter #ci of title   
#aj1 ,united ,states ,code1 is amended  
by inserting after section #fgc the     
following new section3  #fgd4 ,temporary
 administrative reassignment or removal 
of a member on active duty accused of   
committing a sexual assault or related  
offense  7a7 ,guidance for timely       
consideration and action ,the ,secretary
 concerned may provide guidance1 within 
guidelines provided by the ,secretary of
 ,defense1 for commanders regarding     
their authority to make a timely        
determination1 and to take action1      
regarding whether a member of the armed 
forces serving on active duty who is    
alleged to have committed an offense    
under section #ibj1 #ibj;a1 #ibj;b1     
#ibj;c1 or #ibe of this title 7article  
#abj1 #abj;a1 #abj;b1 #abj;c1 or #abe of
 the ,uniform ,code of ,military        
,justice7 or an attempt to commit such  
an offense as punishable under section  
#hhj of this title 7article #hj of the  
,uniform ,code of ,military ,justice7   

should be temporarily reassigned or     
removed from a position of authority or 
from an assignment1 not as a punitive   
measure1 but solely for the purpose of  
maintaining good order and discipline   
within the member's unit4  7b7 ,time for
 determination ,a determination         
described in subsection 7a7 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
 perpetrator4  4  7b7 ,clerical         
amendment ,the table of sections at the 
beginning of chapter #ci of such title  
is amended by inserting after the item  
relating to section #fgc the following  
new item3  #fgd4 ,temporary             
administrative reassignment or removal  
of a member on active duty accused of   
committing a sexual assault or related  
offense4  4  7c7 ,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 #fgd 
of title #aj1 ,united ,states ,code1 as 
added by subsection 7a71 as part of the 
training for new and prospective        
commanders at all levels of command     
required by section #ehe7;b7 of the     
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjab 7,public ,law   
#aab-ha2 #aj ,u4,s4,c4 #aefa note74     
#ajc4 ,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 #fgc7;b7 of title #aj1 ,united 
,states ,code1 is amended by striking   
,the ,secretaries of the military       
departments and inserting ,the          
,secretary concerned4  #ajd4 ,inclusion 
and command review of information on    
sexual-related offenses in personnel    
service records of members of the ,armed
 ,forces  7a7 ,information on           
substantiated reports on sexual-,related

 offenses  7#a7 ,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 offense1 a notation to   
that effect shall be placed in the      
personnel service record of the member1 
regardless of the member's grade4  7#b7 
,purpose ,the purpose of the inclusion  
of information in personnel service     
records under paragraph 7#a7 is to alert
 commanders to the members of their     
command who have received courts-martial
 conviction1 non-judicial punishment1 or
 administrative action for              
sexual-related offenses in order to     
reduce the likelihood that repeat       
offenses will escape the notice of      
commanders4  7b7 ,limitation on         
placement ,a notation under subsection  
7a7 may not be placed in the restricted 

section of the personnel service record 
of a member4  7c7 ,construction ,nothing
 in subsection 7a7 or 7b7 may be        
construed to prohibit or limit the      
capacity of a member of the ,armed      
,forces to challenge or appeal the      
placement of a notation1 or location of 
placement of a notation1 in the member's
 personnel service record in accordance 
with procedures otherwise applicable to 
such challenges or appeals4  7d7        
,substantiated complaints ,for purposes 
of implementing this section1 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  
#afca of the ,ike ,skelton ,national    
,defense ,authorization ,act for ,fiscal
 ,year #bjaa 7#aj ,u4,s4,c4 #aefa note74
  7e7 ,command review of history of     
sexual-,related offenses of members upon
 assignment or transfer to new unit     
7#a7 ,review required ,under uniform    

regulations prescribed by the ,secretary
 of ,defense1 the commanding officer of 
a facility1 installation1 or unit to    
which a member of the ,armed ,forces    
described in paragraph 7#b7 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 member4
  7#b7 ,covered members ,a member of the
 ,armed ,forces described in this       
paragraph is a member of the ,armed     
,forces who1 at the time of assignment  
or transfer as described in paragraph   
7#a71 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 7#a74  #aje4 ,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 that
 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 ,collect and maintain 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 for 
purposes of the administration of the   
laws administered by the ,secretary4  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 ,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
 #ehf of the ,national ,defense         
,authorization ,act for ,fiscal ,year   

#bjab 7#aj ,u4,s4,c4 #aefa note7 that   
protect the privacy of individuals named
 in records and the status of records4  
7#b7 ,maintain data collected from the  
military departments under paragraph    
7#a74  7#c7 ,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 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  #ajf4 ,comprehensive review of  
adequacy of training for members of the 

,armed ,forces on sexual assault        
prevention and response  7a7            
,comprehensive review required  7#a7 ,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 response4  7#b7          
,responsive action ,upon completion of  
the review under paragraph 7#a71 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  
review4  7b7 ,review of personnel       
responsible for sexual assault          
prevention and response activities  7#a7
 ,review of personnel ,the ,secretary   
shall carry out a review of the adequacy
 of the training1 qualifications1 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
 responsibility4  7#b7 ,assessment of   
certain elements of prevention and      
response program ,in carrying out the   
review under paragraph 7#a71 the        
,secretary shall also conduct an        
assessment of the adequacy of the       
training and certifications required for
 certain such personnel by section #ehd 
of the ,national ,defense ,authorization
 ,act for ,fiscal ,year #bjab 7,public  
,law #aab-ha2 #abe ,stat4 #adcc2 #aj    
,u4,s4,c4 #aefa note74  7#c7 ,responsive
 personnel actions ,if as a result of   
the review under paragraph 7#a7 the     
,secretary determines that any member or
 civilian employee described in that    
paragraph does not have the training1   
qualifications1 or experience required  
to discharge the responsibility referred
 to in that paragraph1 the ,secretary   

shall take appropriate responsive       
actions1 including-- 7,a7 re-training or
 re-certification of such member or     
civilian employee2 or  7,b7 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 responsibility4  7#d7    
,responsive actions regarding program   
elements ,upon completion of the review 
under paragraph 7#a71 the ,secretary    
shall prescribe in regulations the      
following3 7,a7 ,appropriate minimum    
levels of training1 qualifications1 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 ,forces4  7,b7 ,such requirements
 for improvements in the training       
provided to members and civilian        
employees referred to in subparagraph   

7,a7 as the ,secretary considers        
appropriate1 including improvements to  
the training and certifications referred
 to in paragraph 7#b71 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 ,forces4     
7,c7 ,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 billets4  7#e7 ,report required    
,not later than #abj days after the date
 of the enactment of this ,act1 the     
,secretary shall submit to the          
,committees on ,armed ,services of the  
,senate and the ,house of               
,representatives a report setting forth 
the following3 7,a7 ,the findings and   
responsive action taken based on review 

under paragraph 7#a74  7,b7             
,recommendations of the ,secretary for  
such legislative action as the          
,secretary considers appropriate-- 7i7  
to improve training provided members of 
the ,armed ,forces on sexual assault and
 prevention2 and  7ii7 to ensure that   
sexual assault prevention and response  
positions are considered career         
enhancing assignments4  #ajg4           
,availability of ,sexual ,assault       
,response ,coordinators for members of  
the ,national ,guard and the ,reserves  
,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 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-- 7,a7 is the victim of a sexual    
assault during the performance of duties
 as a member of the ,national ,guard or 
,reserve2 or  7,b7 is the victim of a   
sexual assault committed by a member of 
the ,national ,guard or ,reserves1  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 ,coordinator4
  4  #ajh4 ,retention of certain forms  
in connection with ,restricted ,reports 
and ,unrestricted ,reports on sexual    
assault involving members of the ,armed 
,forces  7a7 ,requirement for retention 
,subsection 7a7 of section #egg of the  
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjac 7,public ,law   
#aab-bci2 #abf ,stat4 #agfb2 #aj        
,u4,s4,c4 #aefa note7 is amended-- 7#a7 
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 member1 the
 ,secretary of ,defense shall and       
inserting ,the ,secretary of ,defense   
shall2 and  7#b7 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       
,forces4  7b7 ,conforming amendment ,the
 heading of such section is amended to  
read as follows3  #egg4 ,retention of   
certain forms in connection with        
,restricted ,reports and ,unrestricted  
,reports on sexual assault involving    
members of the ,armed ,forces  4  #aji4 
,special ,victims' ,counsel for victims 
of sexual assault committed by members  
of the ,armed ,forces  7a7 ,special     
,victims' ,counsel for certain 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 members of the ,armed       
,forces1 and dependents of members1 who 
are 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 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 advice   
and assistance to a victim described in 
paragraph 7#a7 in connection with       
criminal and civil legal matters related

 to the sexual assault committed against
 the victim1 including the following3   
7i7 ,legal advice and assistance        
regarding any potential criminal        
liability of the victim4  7ii7 ,legal   
advice and assistance regarding the     
victim's responsibility to testify1 and 
other duties to the court4  7iii7 ,legal
 advice regarding the potential for     
civil litigation against other parties  
7other than the ,department of          
,defense74  7iv7 ,legal advice regarding
 any proceedings of the military justice
 process which the victim may observe4  
7v7 ,legal advice and assistance        
regarding any proceeding of the military
 justice process in which the victim may
 participate as a witness or other      
party4  7vi7 ,legal advice and          
assistance regarding available military 
or civilian restraining or protective   
orders4  7vii7 ,legal advice and        
assistance regarding available military 
and veteran benefits4  7viii7 ,legal    
assistance in personal civil legal      

matters in connection with the sexual   
assault in accordance with section #ajdd
 of title #aj1 ,united ,states ,code4   
7ix7 ,such other legal advice 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 in the  
provision of legal advice and assistance
 shall be the relationship between an   
attorney and client4  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 ,rape or sexual 
assault under 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 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 health care  
providers1 or any other personnel       
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  #aaj4 ,sense of ,congress
 on commanding officer responsibility   
for command climate free of retaliation 
,it is the sense of ,congress that--    
7#a7 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        
activity1 including sexual assault1     
without fear of retaliation1 including  
ostracism and group pressure from other 
members of the command2  7#b7 the       
failure of commanding officers to       
maintain such a command climate is an   

appropriate basis for relief from their 
command positions2 and  7#c7 senior     
officers should evaluate subordinate    
commanding officers on their performance
 in establishing a command climate as   
described in paragraph 7#a7 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 boards4  #aaa4      
,commanding officer action on reports on
 sexual offenses involving members of   
the ,armed ,forces  7a7 ,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 7b7 immediately after receipt
 of the report by the commanding        
officer4  7b7 ,action required ,the     
action required by this subsection with 

respect to a report described in        
subsection 7a7 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 section4   
#aab4 ,department of ,defense ,inspector
 ,general investigation of allegations  
of retaliatory personnel actions taken  
in response to making protected         
communications regarding sexual assault 
,section #ajcd7;c77#b77;,a7 of title    
#aj1 ,united ,states ,code1 is amended  
by striking sexual harassment or and    
inserting rape1 sexual assault1 or other
 sexual misconduct in violation of      
sections #ibj through #ibj;c of this    
title 7articles #abj through #abj;c of  
the ,uniform ,code of ,military         
,justice71 sexual harassment1 or4  #aac4

 ,advancement of submittal deadline for 
report of independent panel on          
assessment of military response systems 
to sexual assault ,section              
#egf7;c77#a77;,b7 of the ,national      
,defense ,authorization ,act for ,fiscal
 ,year #bjac 7,public ,law #aab-bci2    
#abf ,stat4 #agei7 is amended by        
striking ,eighteen months and inserting 
,twelve months4  #aad4 ,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 7#a7 of 
,section #egf7;d7 of the ,national      
,defense ,authorization ,act for ,fiscal
 ,year #bjac 7,public ,law #aab-bci2    
#abf ,stat4 #agfj7 is amended-- 7#a7 in 
subparagraph 7,b71 by adding at the end 
the following new sentence3 ,the        
comparison shall also include an        
assessment of the opportunities for     
clemency provided in the military and   

civilian systems1 the appropriateness of
 clemency proceedings in the military   
system1 the manner in which clemency is 
used in the military system1 and whether
 clemency in the military justice system
 could be reserved until the end of the 
military appeals process42  7#b7 by     
redesignating subparagraph 7,i7 as      
subparagraph 7,j72 and  7#c7 by         
inserting after subparagraph 7,h7 the   
following new subparagraph 7,i73  7,i7  
,an assessment of the means by which the
 name1 if known1 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 protected1     
searchable database accessible only to  
military criminal investigators1 ,sexual
 ,assault ,response ,coordinators1 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 prosecutions1      
particularly of serial offenders4 ,the  
assessment should include an evaluation 
of the appropriate content to be        
included in the database1 as well as the
 best means to maintain the privacy of  
those making a restricted report4  4    
#aae4 ,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    
7a7 ,assessment as additional duties of 
panel on response systems to sexual     
assault crimes ,paragraph 7#a7 of       
section #egf7;d7 of the ,national       
,defense ,authorization ,act for ,fiscal
 ,year #bjac 7,public ,law #aab-bci2    
#abf ,stat4 #agfj71 as amended by       
section #aad of this ,act1 is further   
amended-- 7#a7 by redesignating         
subparagraph 7,j7 as subparagraph 7,l72 

and  7#b7 by inserting after            
subparagraph 7,i7 the following new     
subparagraphs3  7,j7 ,an assessment of  
the effectiveness of the provisions of  
law on sexual assault prevention and    
response in the ,victims ,protection    
,act of #bjac1 including the provisions 
establishing or amending requirements   
and authorities relating to sexual      
assault prevention and response4  7,k7  
,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 #bjad1 and not adopted
 by the ,committee during that markup   
for that ,bill1 including the provisions
 seeking to establish or amend          
requirements and authorities relating to
 sexual assault prevention and response4
  4  7b7 ,assessment as additional      

duties of panel on judicial proceedings 
,paragraph 7#b7 of such section is      
amended-- 7#a7 by redesignating         
subparagraph 7,j7 as subparagraph 7,l72 
and  7#b7 by inserting after            
subparagraph 7,i7 the following new     
subparagraphs3  7,j7 ,monitor and assess
 the implementation of the provisions of
 law on judicial proceedings in         
connection with sexual assault in the   
,victims ,protection ,act of #bjac1     
including provisions amending chapter   
#dg of title #aj1 ,united ,states ,code 
7the ,uniform ,code of ,military        
,justice71 and provisions establishing  
or amending other requirements and      
authorities relating to such judicial   
proceedings4  7,k7 ,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 #bjad1 and not adopted
 by the ,committee during that markup   
for that ,bill1 including provisions    
seeking to amend chapter #dg of title   
#aj1 ,united ,states ,code 7the ,uniform
 ,code of ,military ,justice71 and      
provisions seeking to establish or amend
 other requirements and authorities     
relating to such judicial proceedings4  
4  7c7 ,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 7#a7 and 7#b7 of section     
#egf7;a7 of the ,national ,defense      
,authorization ,act for ,fiscal ,year   
#bjac 7#abf ,stat4 #ageh7 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 #bjad1 and not adopted

 by the ,committee during that markup   
for that ,bill1 for purposes of the     
discharge by such panels of the         
additional duties arising under the     
amendments made by subsections 7a7 and  
7b74  #aaf4 ,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 7#b7 of 
section #egf7;d7 of the ,national       
,defense ,authorization ,act for ,fiscal
 ,year #bjac 7,public ,law #aab-bci2    
#abf ,stat4 #agfa71 as amended by       
section #aae7;b7 of this ,act1 is       
further amended-- 7#a7 by redesignating 
subparagraph 7,l7 as subparagraph 7,m72 
and  7#b7 by inserting after            
subparagraph 7,k7 the following new     
subparagraph 7,l73  7,l7 ,assess the    
adequacy of the provision of            
compensation and restitution for victims
 of offenses under chapter #dg1 of title

 #aj1 ,united ,states ,code 7the        
,uniform ,code of ,military ,justice71  
and develop recommendations on expanding
 such compensation and restitution1     
including consideration of the options  
as follows3 7i7 ,providing the forfeited
 wages of incarcerated members of the   
,armed ,forces to victims of offenses as
 compensation4  7ii7 ,including bodily  
harm among the injuries meriting        
compensation for redress under section  
#ici of title #aj1 ,united ,states ,code
 7article #aci of the ,uniform ,code of 
,military ,justice74  7iii7 ,requiring  
restitution by members of the ,armed    
,forces to victims of their offenses    
upon the direction of a court-martial4  
4  #aag4 ,additional enhancements of    
military department actions on sexual   
assault prevention and response  7a7    
,additional duty of ,special ,victims'  
,counsel ,in addition to the duties     
specified in section #aji7;a77#c71 a    
,special ,victims' ,counsel designated  
under section #eci 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 7b74  7b7      
,consultation with victims regarding    
preference in prosecution of certain    
sexual offenses  7#a7 ,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 offense4     
7#b7 ,weight afforded preference ,the   
preference expressed by a victim under  
paragraph 7#a7 with respect to the      
prosecution of an offense1 while not    
binding1 should be afforded great weight

 in the determination whether to        
prosecute the offense by court-martial  
or by a civilian court4  7#c7 ,notice to
 victim of lack of civilian criminal    
prosecution after preference for such   
prosecution ,in the event a victim      
expresses a preference under paragraph  
7#a7 in favor of prosecution of an      
offence by civilian court and the       
civilian authorities determine to       
decline prosecution1 or defer to        
prosecution by court-martial1 the victim
 shall be promptly notified of that     
determination4  7c7 ,performance        
appraisals of members of the ,armed     
,forces  7#a7 ,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 7whether officers or    
enlisted members7 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 concerned4  7#b7          
,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--
 7,a7 allegations of sexual assault are 
properly managed and fairly evaluated2  
and  7,b7 a victim can report criminal  
activity1 including sexual assault1     
without fear of retaliation1 including  
ostracism and group pressure from other 
members of the command4  7d7 ,command   
climate assessments following incidents 
of certain sexual offenses  7#a7        
,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 victim4 ,if the accused and the  
victim are within the same command1 only
 a single climate assessment is         
required4 ,the process shall ensure the 
timely completion of command climate    
assessments for provision to military   
criminal investigation organizations and
 commanders pursuant to paragraph 7#b74 
7#b7 ,provision to military criminal    
investigation organizations and         
commanders ,a command climate assessment
 performed pursuant to paragraph 7#a7   
shall be provided to the following3 7,a7
 ,the military criminal investigation   
organization conducting the             
investigation of the offense concerned4 
7,b7 ,the commander next higher in the  
chain of command of the command covered 
by the climate assessment4  7e7         
,confidential review of characterization
 of terms of discharge of victims of    
sexual offenses  7#a7 ,in general ,the  

,secretaries of the military departments
 shall each establish a confidential    
process1 through boards for the         
correction of military records of the   
military department concerned1 by which 
an individual who was the victim of a   
covered sexual offense during service in
 the ,armed ,forces may challenge1 on   
the basis of being the victim of such an
 offense1 the terms or characterization 
of the individual's discharge or        
separation from the ,armed ,forces4     
7#b7 ,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 7#a71 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 concerned1 and to what bearing  
such experience may have had on the     

circumstances surrounding the           
individual's discharge or separation    
from the ,armed ,forces4  7#c7          
,preservation of confidentiality        
,documents considered and decisions     
rendered pursuant to the process        
required by paragraph 7#a7 shall not be 
made available to the public1 except    
with the consent of the individual      
concerned4  7f7 ,covered sexual offense 
defined ,in subsections 7a7 through 7e71
 the term covered sexual offense means  
any of the following3 7#a7 ,rape or     
sexual assault under subsection 7a7 or  
7b7 of section #ibj of title #aj1       
,united ,states ,code 7article #abj of  
the ,uniform ,code of ,military         
,justice74  7#b7 ,forcible sodomy under 
section #ibe of title #aj1 ,united      
,states ,code 7article #abe of the      
,uniform ,code of ,military ,justice74  
7#c7 ,an attempt to commit an offense   
specified in paragraph 7#a7 or 7#b7 as  
punishable under section #hhj of title  
#aj1 ,united ,states ,code 7article #hj 

of the ,uniform ,code of ,military      
,justice74  7g7 ,modification of        
,military ,rules of ,evidence relating  
to admissibility of general military    
character toward probability of         
innocence ,not later than #ahj days     
after the date of the enactment of this 
,act1 ,rule #djd7;a7 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     
accused1 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 charged4  #aah4        
,applicability of sexual assault        
prevention and response and related     
military justice enhancements to        
military service academies  7a7         
,military service academies ,the        
,secretary of the military department   

concerned shall ensure that the         
provisions of this title1 and the       
amendments made by this title1 apply to 
the ,united ,states ,military ,academy1 
the ,naval ,academy1 and the ,air ,force
 ,academy1 as applicable4  7b7 ,coast   
,guard ,academy ,the ,secretary of      
,homeland ,security shall ensure that   
the provisions of this ,act1 and the    
amendments made by this ,act1 apply to  
the ,coast ,guard ,academy4  #aai4      
,collaboration between the ,department  
of ,defense and the ,department of      
,justice in efforts to prevent and      
respond to sexual assault  7a7          
,strategic framework on collaboration   
required ,not later than #bgj days after
 the date of the enactment of this ,act1
 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 assault4 ,the        

framework shall be based on and include 
the following3 7#a7 ,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 
jurisdiction1 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         
,defense4  7#b7 ,an assessment of the   
feasibility of establishing the position
 of advisor on military sexual assaults 
within the ,department of ,justice      
7using existing ,department resources   
and personnel7 to assist in the         
activities required under paragraph     
7#a7;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     
jurisdiction1 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 assaults4  7#c7 ,an assessment of
 the number of unsolved sexual assault  
cases that have occurred on military    
installations1 and a plan1 with         
appropriate benchmarks1 to review those 
cases using currently available civilian
 and military law enforcement resources1
 such as new technology and forensics   
information4  7#d7 ,a strategy to       
leverage efforts by the ,department of  
,defense and the ,department of         
,justice-- 7,a7 to improve the quality  
of investigations1 prosecutions1        
specialized training1 services to       
victims1 awareness1 and prevention      
regarding sexual assault2 and  7,b7 to  
address social conditions that relate to

 sexual assault4  7#e7 ,mechanisms to   
promote information sharing and best    
practices between the ,department of    
,defense and the ,department of ,justice
 on prevention and response to sexual   
assault1 including victim assistance    
through the ,violence against ,women    
,act and ,office for ,victims of ,crime 
programs of the ,department of ,justice4
  7b7 ,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 7a74   
,the report shall-- 7#a7 describe the   
manner in which the ,department of      
,defense and ,department of ,justice    
will collaborate on an ongoing basis    
under the framework2  7#b7 explain      
obstacles to implementing the framework2
 and  7#c7 identify changes in laws     
necessary to achieve the purpose of this
 section4  7c7 ,appropriate committees  
of ,congress defined ,in this section1  
the term appropriate committees of      

,congress means-- 7#a7 the ,committee on
 ,armed ,services and the ,committee on 
the ,judiciary of the ,senate2 and  7#b7
 the ,committee on ,armed ,services and 
the ,committee on the ,judiciary of the 
,house of ,representatives4  #abj4      
,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-- 7#a7 the
 panel to review and assess the systems 
used to respond to sexual assault       
established by section #egf of the      
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjac 7,public ,law   
#aab-bci2 #abf ,stat4 #ageh7 is         
conducting an independent assessment of 
the systems used to investigate1        
prosecute1 and adjudicate crimes        
involving adult sexual assault and      
related offenses2  7#b7 the work of the 
panel will be critical in informing the 
efforts of ,congress to combat rape1    
sexual assault1 and other sex-related   
crimes in the ,armed ,forces2  7#c7 the 

panel should include in its assessment  
under subsection 7d77#a7 of section #egf
 of the ,national ,defense              
,authorization ,act for ,fiscal ,year   
#bjac a review of the reforms that will 
be enacted pursuant to this title and   
the amendments made by this title2 and  
7#d7 the views of the victim advocate   
community should continue to be         
well-represented on the panel1 and input
 from victims should continue to play a 
central role in informing the work of   
the panel4  ,,ii ,related ,military     
,justice ,matters  #bja4 ,elimination of
 five-year statute of limitations on    
trial by court-martial for additional   
offenses involving sex-related crimes   
7a7 ,in general ,subsection 7a7 of      
section #hdc of title #aj1 ,united      
,states ,code 7article #dc of the       
,uniform ,code of ,military ,justice71  
is amended by striking rape1 or rape of 
a child and inserting rape or sexual    
assault1 or rape or sexual assault of a 
child4  7b7 ,conforming amendment       

,subsection 7b77#b77;,b77i7 of such     
section 7article7 is amended by         
inserting before the period at the end  
the following3 1 unless the offense is  
covered by subsection 7a74  7c7         
,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 ,act4  #bjb4  
,review of decisions not to refer       
charges of certain sexual offenses to   
trial by court-martial  7a7 ,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      
offense4  7b7 ,specified sexual offenses
 ,for purposes of this section1 a       
specified sexual offense is any of the  
following3 7#a7 ,rape or sexual assault 
under subsection 7a7 or 7b7 of section  
#ibj of title #aj1 ,united ,states ,code

 7article #abj of the ,uniform ,code of 
,military ,justice74  7#b7 ,forcible    
sodomy under section #ibe of title #aj1 
,united ,states ,code 7article #abe of  
the ,uniform ,code of ,military         
,justice74  7#c7 ,an attempt to commit  
an offense specified in paragraph 7#a7  
or 7#b7 as punishable under section #hhj
 of title #aj1 ,united ,states ,code    
7article #hj of the ,uniform ,code of   
,military ,justice74  7c7 ,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 advocate1 pursuant to       
section #hcd of title #aj1 ,united      
,states ,code 7article #cd of the       
,uniform ,code of ,military ,justice71  
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-martial1 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         
authority4  7d7 ,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  
advocate1 pursuant to section #hcd of   
title #aj1 ,united ,states ,code        
7article #cd of the ,uniform ,code of   
,military ,justice71 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-martial1 the         
convening authority shall forward the   
case file for review by a superior      
commander authorized to exercise general
 court-martial convening authority4  7e7
 ,elements of case file ,a case file    

forwarded to higher authority pursuant  
to subsection 7c7 or 7d7 shall include  
the following3 7#a7 ,all charges and    
specifications preferred under section  
#hcj of title #aj1 ,united ,states ,code
 7article #cj of the ,uniform ,code of  
,military ,justice74  7#b7 ,all reports 
of investigations of such charges1      
including the military criminal         
investigative organization investigation
 report and the investigating officer's 
report under section #hcb of title #aj1 
,united ,states ,code 7article #cb of   
the ,uniform ,code of ,military         
,justice74  7#c7 ,the written advice of 
the staff judge advocate to the         
convening authority pursuant to section 
#hcd of title #aj1 ,united ,states ,code
 7article #cd of the ,uniform ,code of  
,military ,justice71 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 witness1 if true1
 would or would not constitute a        

specified sexual offense4  7#d7 ,a      
written statement explaining the reasons
 for the convening authority's decision 
not to refer the charges to trial by    
court-martial4  7#e7 ,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 7c7 or 7d74  7f7 ,notice on  
results or review ,the victim of the    
alleged offense shall be notified of the
 results of the review conducted under  
subsection 7c7 or 7d7 in the manner     
prescribed by the victims and witness   
assistance program of the ,armed ,force 
concerned4  7g7 ,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 allegation4  #bjc4 
,defense counsel interview of           
complaining witnesses in presence of    
trial counsel or outside counsel        
,section #hdf of title #aj1 ,united     
,states ,code 7article #df of the       
,uniform ,code of ,military ,justice71  
is amended-- 7#a7 by inserting 7a7      
,opportunity ,to obtain witnesses and   
other evidence4-- before ,the trial     
counsel2  7#b7 by striking ,process     
issued and inserting the following3  7c7
 ,process ,process issued  2 and  7#c7  
by inserting after subsection 7a71 as   
designated by paragraph 7#a71 the       
following new subsection 7b73  7b7      
,interview of complaining witnesses by  
defense counsel  7#a7 ,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 #hcb of this title 7article #cb7

 or a court-martial under this chapter1 
defense counsel shall make all requests 
to interview any such complaining       
witness through trial counsel4  7#b7 ,if
 requested by a complaining witness     
subject to a request for interview under
 paragraph 7#a71 any interview of the   
witness by defense counsel shall take   
place only in the presence of trial     
counsel1 counsel for the witness1 or    
outside counsel4  4  #bjd4 ,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
  7a7 ,mandatory discharge or dismissal 
required  7#a7 ,in general ,section #hef
 of title #aj1 ,united ,states ,code    
7article #ef of the ,uniform ,code of   
,military ,justice71 is amended-- 7,a7  
by inserting 7a7 before ,the punishment2
 and  7,b7 by adding at the end the     
following new subsection3  7b7 ,while a 
person subject to this chapter who is   
found guilty of an offense under section

 #ibj1 #ibj;b1 or #ibe of this title    
7article #abj1 #abj;b1 or #abe7 or an   
attempt to commit such an offense as    
punishable under section #hhj of this   
title 7article #hj7 shall be punished as
 a general court-martial may direct1    
such punishment must include1 at a      
minimum1 dismissal or dishonorable      
discharge4  4  7#b7 ,clerical amendments
  7,a7 ,section heading ,the heading of 
such section is amended to read as      
follows3  #hef4 ,art4 #ef4 ,maximum and 
minimum limits  4  7,b7 ,table of       
sections ,the table of sections at the  
beginning of subchapter ,,viii of       
chapter #dg of such title is amended by 
striking the item relating to section   
#hef and inserting the following new    
item3  #hef4 ,art4 #ef4 ,maximum and    
minimum limits4  4  7b7 ,jurisdiction   
limited to general courts-martial       
,section #hah of such title 7article #ah
 of the ,uniform ,code of ,military     
,justice7 is amended-- 7#a7 by inserting
 7a7 before the first sentence2  7#b7 in

 the third sentence1 by striking        
,however1 a general court-martial and   
inserting the following3  7b7 ,a general
 court-martial  2 and  7#c7 by adding at
 the end the following new subsection3  
7c7 ,consistent with section #haj1 #hbj1
 and #hef7;b7 of this title 7articles   
#ai1 #bj1 and #ef7;b771 only general    
courts-martial have jurisdiction over an
 offense specified in section           
#hef7;b77#b7 of this title 7article     
#ef7;b77#b774  4  7c7 ,effective date   
,the amendments made by this section    
shall take effect #ahj days after the   
date of the enactment of this ,act4     
#bje4 ,limitation on authority of       
convening authority to modify findings  
of a court-martial  7a7 ,limitation of  
authority to offenses that would not    
normally warrant trial by court-martial 
,subsection 7c7 of section #hfj of title
 #aj1 ,united ,states ,code 7article #fj
 of the ,uniform ,code of ,military     
,justice71 is amended-- 7#a7 in         
paragraph 7#c7-- 7,a7 by inserting may  

be taken after findings of a            
court-martial2  7,b7 by striking is not 
required4 ,however1 and inserting only  
with respect to a qualified offense4    
,with respect to such an offense12  7,c7
 by striking may-- and all that follows 
through 7,a7 dismiss and inserting may  
dismiss2  7,d7 by striking 2 or and     
inserting a period2 and  7,e7 by        
striking subparagraph 7,b72 and  7#b7 by
 adding at the end the following new    
paragraph3  7#d7 7,a7 ,in paragraph     
7#c71 the term qualified offense means1 
except as provided in subparagraph 7,b71
 an offense under this chapter for      
which-- 7i7 the maximum sentence of     
confinement that may be adjudged does   
not exceed one year2 and  7ii7 the      
sentence adjudged does not include      
dismissal1 a dishonorable or bad-conduct
 discharge1 or confinement for more than
 six months4  7,b7 ,such term does not  
include the following3 7i7 ,an offense  
under section #ibj of this title        
7article #abj74  7ii7 ,an offense under 

section #ibj;a of this title 7article   
#abj;a74  7iii7 ,an offense under       
section #ibj;b of this title 7article   
#abj;b74  7iv7 ,an offense under section
 #ibj;c of this title 7article #abj;c74 
7v7 ,such other offenses as the         
,secretary of ,defense may prescribe by 
regulation4  4  7b7 ,requirement for    
explanation in writing ,such subsection 
is further amended by adding after      
paragraph 7#d71 as added by subsection  
7a77#b71 the following new paragraph3   
7#e7 ,if the convening authority or     
other person authorized to act under    
this section modifies the findings or   
sentence of a court-martial1 such person
 shall prepare a written explanation for
 such modification4 ,such explanation   
shall be made a part of the record of   
trial and action thereon4  4  7c7       
,conforming amendment ,subsection       
7e77#c7 of such section 7article7 is    
amended in the first sentence by        
inserting 7if authorized to do so under 
subsection 7c77 after findings and      

sentence4  7d7 ,effective date ,the     
amendments made by subsections 7a7 and  
7c7 shall apply with respect to offenses
 committed on or after the date of the  
enactment of this ,act4  #bjf4          
,participation by complaining witnesses 
in clemency phase of courts-martial     
process ,section #hfj7;b7 of title #aj1 
,united ,states ,code 7article #fj7;b7  
of the ,uniform ,code of ,military      
,justice71 is amended by adding at the  
end the following new paragraphs3  7#e7 
7,a7 ,if an accused elects to submit    
matters for consideration by the        
convening authority under this          
subsection1 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     
section4  7,b7 7i7 ,upon receipt of     
matters under this paragraph1 a         
complaining witness shall have #aj days 
to submit materials in response to such 

matters to the convening authority4     
7ii7 ,if a complaining witness shows    
that additional time is required for    
submission of materials under this      
subparagraph1 the convening authority or
 other person taking action under this  
section1 for good cause1 may extend the 
applicable period for submission of such
 materials for not more than an         
additional #bj days4  7#f7 ,in any case 
in which findings and sentence have been
 adjudged for an offense involving a    
complaining witness1 the complaining    
witness shall be provided an opportunity
 to submit matters to the convening     
authority for consideration prior to    
taking action under this section4  7#g7 
,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-martial4  4  #bjg4 ,secretary 
of ,defense report on modifications to  
the ,uniform ,code of ,military ,justice

 to prohibit sexual acts and contacts   
between military instructors and        
trainees  7a7 ,report required ,not     
later than #fj days after the date of   
the enactment of this ,act1 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 #dg of title #aj1 ,united
 ,states ,code 7the ,uniform ,code of   
,military ,justice71 to prohibit sexual 
acts and contacts between military      
instructors and their trainees4  7b7    
,covered military instructors ,for      
purposes the report required by this    
section1 military instructors shall     
include the following3 7#a7 ,drill      
,sergeants in the ,army4  7#b7 ,drill   
,instructors in the ,marine ,corps4     
7#c7 ,recruit ,division ,commanders in  
the ,navy4  7#d7 ,military ,training    

instructors in the ,air ,force4  7#e7   
,company ,commanders in the ,coast      
,guard4  7#f7 ,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
 7or its equivalent74  #bjh4 ,sense of  
,senate on disposition of charges       
involving certain sexual misconduct     
offenses under the ,uniform ,code of    
,military ,justice through              
courts-martial  7a7 ,sense of ,senate   
,it is the sense of the ,senate that--  
7#a7 any charge regarding an offense    
specified in subsection 7b7 should be   
disposed of by court-martial1 rather    
than by non-judicial punishment or      
administrative action2 and  7#b7 in the 
case of any charge regarding an offense 
specified in subsection 7b7 that is     
disposed of by non-judicial punishment  
or administrative action1 rather than by
 court-martial1 the disposition         

authority should include in the case    
file a justification for the disposition
 of the charge by non-judicial          
punishment or administrative action1    
rather than by court-martial4  7b7      
,covered offenses ,an offense specified 
in this subsection is any of the        
following offenses under chapter #dg of 
title #aj1 ,united ,states ,code 7the   
,uniform ,code of ,military ,justice73  
7#a7 ,rape or sexual assault under      
subsection 7a7 or 7b7 of section #ibj of
 such chapter 7article #abj of the      
,uniform ,code of ,military ,justice74  
7#b7 ,forcible sodomy under section #ibe
 of such chapter 7article #abe of the   
,uniform ,code of ,military ,justice74  
7#c7 ,an attempt to commit an offense   
specified in paragraph 7#a7 or 7#b71 as 
punishable under section #hhj of such   
chapter 7article #hj of the ,uniform    
,code of ,military ,justice74  #bji4    
,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-- 7#a7 the ,armed ,forces  
should be sparing in discharging in lieu
 of court-martial members of the ,armed 
,forces who have committed rape1 sexual 
assault1 forcible sodomy1 or attempts to
 commit such offenses1 and should do so 
only when the facts of the case clearly 
warrant such discharge2  7#b7 whenever  
possible1 the victims of offenses       
referred to in paragraph 7#a7 should be 
consulted prior to the determination    
regarding whether to discharge the      
members who committed such offenses2    
7#c7 commanding officers should consider
 the views of victims of offenses       
referred to in paragraph 7#a7 when      
determining whether to discharge the    
members who committed such offenses in  
lieu of trying such members by          
court-martial2 and  7#d7 the discharge  
of any member who is discharged as      
described in paragraph 7#a7 should be   
characterized as ,other ,than           
,honorable4  ,,iii ,other ,military     

,justice and ,legal ,matters  #cja4     
,prohibition of retaliation against     
members of the ,armed ,forces for       
reporting a criminal offense  7a7       
,regulations on prohibition of          
retaliation required ,the ,secretary of 
,defense shall1 not later than #abj days
 after the date of the enactment of this
 ,act1 prescribe regulations1 or require
 the ,secretaries of the military       
departments to prescribe regulations1   
that prohibit retaliation against an    
alleged victim or other member of the   
,armed ,forces who reports a criminal   
offense4 ,the regulations shall         
prescribe that a violation of the       
regulations is an offense punishable    
under section #hib of title #aj1 ,united
 ,states ,code 7article #ib of the      
,uniform ,code of ,military ,justice74  
7b7 ,report ,not later than #ahj days   
after the date of the enactment of this 
,act1 the ,secretary of ,defense shall  
submit to ,congress a report setting    
forth the recommendations of the        

,secretary as to whether chapter #dg of 
title #aj1 ,united ,states ,code 7the   
,uniform ,code of ,military ,justice71  
should be amended to prohibit           
retaliation against an alleged victim or
 other member of the ,armed ,forces who 
reports a criminal offense4  7c7        
,retaliation ,for purposes of this      
section1 retaliation shall include1 as a
 minimum1 taking or threatening to take 
any adverse personnel action1 or failing
 to take or threatening not to take a   
favorable personnel action1 with respect
 to a member of the ,armed ,forces      
because the member reported a criminal  
offense4  #cjb4 ,extension of crime     
victims' rights to victims of offenses  
under the ,uniform ,code of ,military   
,justice  7a7 ,in general ,not later    
than one year after the date of the     
enactment of this ,act1 the ,secretary  
of ,defense shall recommend to the      
,president modifications to the ,manual 
for ,courts-,martial1 and prescribe such
 other regulations as the ,secretary    

considers appropriate1 to enforce the   
rights of victims of military crimes as 
specified in subsection 7b7 and to      
ensure compliance by responsible members
 of the ,armed ,forces and personnel of 
the ,department of ,defense with the    
obligations to enforce such rights4  7b7
 ,rights ,the rights of victims of      
military crimes specified in this       
subsection are the following rights3    
7#a7 ,the right to be reasonably        
protected from the accused4  7#b7 ,the  
right to reasonable1 accurate1 and      
timely notice of any public proceeding  
in an investigation under section #hcb  
of title #aj1 ,united ,states ,code     
7article #cb of the ,uniform ,code of   
,military ,justice71 court-martial1     
involuntary plea hearing1 pre-sentencing
 hearing1 or parole hearing involving   
the offense or of any release or escape 
of the accused4  7#c7 ,the right not to 
be excluded from any public proceeding  
referred to in paragraph 7#b7 unless the
 military judge or investigating        

officer1 as applicable1 after receiving 
clear and convincing evidence1          
determines that testimony by the victim 
would be materially altered if the      
victim heard other testimony at that    
proceeding4  7#d7 ,the right to be      
reasonably heard at any public          
proceeding referred to in paragraph     
7#b74  7#e7 ,the reasonable right to    
confer with the trial counsel in the    
case4  7#f7 ,the right to full and      
timely restitution as provided in law4  
7#g7 ,the right to proceedings free from
 unreasonable delay4  7#h7 ,the right to
 be treated with fairness and with      
respect for the victim's dignity and    
privacy4  7c7 ,victims  7#a7 ,in general
 ,for purposes of the recommendations   
and regulations required by subsection  
7a71 a victim of a military crime shall 
be any person who has suffered direct   
physical1 emotional1 or pecuniary harm  
as a result of the commission of-- 7,a7 
an offense under chapter #dg of the     
,uniform ,code of ,military ,justice2 or

  7,b7 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 ,defense4 
7#b7 ,underage1 incompetent1 and other  
individual victims ,for such purposes1  
in the case of a victim who is under #ah
 years of age1 incompetent1             
incapacitated1 or deceased1 a victim of 
a military crime includes one of the    
following 7in order of precedence73 a   
spouse1 legal guardian1 parent1 child1  
sibling1 another family member1 or      
another person designated by the        
military judge or other appropriate     
authority4  7#c7 ,institutional entity  
victims ,for such purposes1 if a victim 
is an institutional entity1 the victim  
of a military crime is an authorized    
representative of the entity4  7#d7     
,governmental entities excluded ,for    
such purposes1 departments and agencies 
of the ,federal ,government1 and        
agencies of ,state and local            
governments1 are not victims of military

 crimes4  7d7 ,mechanisms for affording 
rights ,the recommendations and         
regulations required by subsection 7a7  
shall include the following3 7#a7       
,mechanisms for ensuring that victims of
 military crimes are afforded the rights
 specified in subsection 7b7 in all     
applicable proceedings4  7#b7           
,mechanisms for ensuring that members of
 the ,armed ,forces and civilian        
personnel of the ,department of ,defense
 7including military judges1 trial      
counsel1 military criminal investigation
 organizations1 services1 and personnel1
 and other members and personnel of the 
,department of ,defense engaged in the  
detection1 investigation1 or prosecution
 of offenses under chapter #dg of title 
#aj1 ,united ,states ,code 7the ,uniform
 ,code of ,military ,justice77 make     
their best efforts to see that victims  
of military crimes are notified of1 and 
accorded1 the rights specified in       
subsection 7b7 in all applicable        
proceedings4  7#c7 ,mechanisms for the  

enforcement of such rights1 including   
such mechanisms for application for such
 rights and for consideration and       
disposition of applications for such    
rights as the ,secretary of ,defense    
considers appropriate4  7#d7 ,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 crimes4  7#e7       
,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 crimes4  7#f7   
,such other mechanisms as the ,secretary
 of ,defense considers appropriate4     
#cjc4 ,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 #ahj days after the date of  

the enactment of this ,act1 the         
discussion pertaining to ,rule #cjf of  
the ,manual for ,courts-,martial        
7relating to policy on initial          
disposition of offenses7 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 offense4  
#cjd4 ,preliminary hearings on alleged  
offenses under the ,uniform ,code of    
,military ,justice  7a7 ,preliminary    
hearings  7#a7 ,in general ,section #hcb
 of title #aj1 ,united ,states ,code    
7article #cb of the ,uniform ,code of   
,military ,justice71 is amended to read 
as follows3  #hcb4 ,art4 #cb4           
,preliminary hearing  7a7 7#a7 ,no      
charge or specification may be referred 
to a general court-martial for trial    
until a judge advocate conducts a       
preliminary hearing4  7#b7 ,in          
exceptional circumstances1 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 supportable4  7#c7       
,wherever supportable1 the judge        
advocate or officer conducting a        
preliminary hearing shall have a grade  
equal to or higher than the grade of any
 military counsel who1 at the time the  
judge advocate or officer is detailed1  
has been assigned to represent a party  
at the preliminary hearing4  7#d7 ,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 it4  7#e7 ,after      
conducting the preliminary hearing1 the 
judge advocate or officer conducting the
 preliminary hearing shall prepare a    
report that includes the following3 7,a7
 ,a determination as to court-martial   
jurisdiction over the offense and the   
accused4  7,b7 ,a determination as to   
probable cause4  7,c7 ,a consideration  
of the form of charges4  7,d7 ,a        

recommendation as to the disposition    
which should be made of the case4  7b7  
7#a7 ,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 hearing4    
,the accused has the right to be        
represented at the preliminary hearing  
as provided in section #hch of this     
title 7article #ch7 and in regulations  
prescribed under that section4  7#b7 ,at
 the preliminary hearing1 the accused   
may cross-examine adverse witnesses if  
they are available4 ,the accused may    
offer evidence and call witnesses       
relevant to the probable cause          
determination4  7#c7 ,a victim may not  
be required to testify at the           
preliminary hearing4 ,a victim who      
declines to testify shall be deemed to  
be not available for purposes of the    
preliminary hearing4  7#d7 ,the         
presentation of evidence and examination
 of witnesses at a preliminary hearing  
shall be limited to the question of     

probable cause4  7c7 ,a preliminary     
hearing under this section shall be     
recorded by a suitable recording device1
 and a copy of the recording shall be   
provided to any party upon request4 ,the
 victim shall have access to the        
recording1 upon request1 in accordance  
with regulations prescribed by the      
,secretary concerned for purposes of    
this section4  7d7 ,the requirements of 
this section are binding on all persons 
administering this chapter but failure  
to follow them does not constitute      
jurisdictional error4  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    
striking the item relating to section   
#hcb 7article #cb7 and inserting the    
following new item3  #hcb4 ,art4 #cb4   
,preliminary hearing4  4  7b7           
,conforming amendments  7#a7 ,section   
#hcd7;a77#b7 of such title 7article     
#cd7;a77#b7 of the ,uniform ,code of    

,military ,justice7 is amended by       
striking the report of investigation and
 inserting the report of the preliminary
 hearing4  7#b7 ,section #hch7;b77#a7 of
 such title 7article #ch7;b77#a7 of the 
,uniform ,code of ,military ,justice7 is
 amended by striking an investigation   
and inserting a preliminary hearing4    
7c7 ,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 ,act1 and     
shall apply with respect to offenses    
under chapter #dg of title #aj1 ,united 
,states ,code 7the ,uniform ,code of    
,military ,justice71 that occur on or   
after such effective date4  ,december   
#i1 #bjac,read the second time and      
placed on the calendar