Download the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013C-RPT-112HRPT-705

The word “sexual assault” appears 1,613 times in this act, which likely means sweeping changes for sexual assault in the military.

Mr. McKeon, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 4310]

The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4310), to
authorize appropriations for fiscal year 2013 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes, having met, after
full and free conference, have agreed to recommend and do recommend
to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

——

Here are a few of the sections regarding sexual assault:

SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING OR ENLISTMENT IN THE ARMED FORCES FOR ANY INDIVIDUAL CONVICTED OF A FELONY

SEXUAL OFFENSE.

An individual may not be provided a waiver for com- missioning or enlistment in the Armed Forces if the indi- vidual has been convicted under Federal or State law of a felony offense of any of the following:

(1) Rape.
(2) Sexual abuse.
(3) Sexual assault.
(4) Incest.
(5) Any other sexual offense.

————

Subtitle H—Improved Sexual As- sault Prevention and Response in the Armed Forces

SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELA- TIONS SURVEYS.

(a) ADDITIONAL CONTENT OF SURVEYS.—Sub- section (c) of section 481 of title 10, United States Code, is amended—

(1) by striking ‘‘harassment and discrimina- tion’’ and inserting ‘‘harassment, assault, and dis- crimination’’;

(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); respectively;

(3) by inserting after paragraph (1) the fol- lowing new paragraph (2):

‘‘(2) The specific types of assault that have oc- curred, and the number of times each respondent has been assaulted during the preceding year.’’;

(4) in paragraph (4), as so redesignated, by striking ‘‘discrimination’’ and inserting ‘‘discrimina- tion, harassment, and assault’’; and

(5) by adding at the end the following new paragraph:

‘‘(5) Any other issues relating to discrimination,

harassment, or assault as the Secretary of Defense considers appropriate.’’.
(b) TIME FOR CONDUCTING OF SURVEYS.—Such sec-

tion is further amended—
(1) in subsection (a)(1), by striking ‘‘four quad-

rennial surveys (each in a separate year)’’ and in- serting ‘‘four surveys’’; and

(2) by striking subsection (d) and inserting the following new subsection:
‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the

two Armed Forces Workplace and Gender Relations Sur- veys shall be conducted in 2014 and then every second year thereafter and the other Armed Forces Workplace and Gender Relations Survey shall be conducted in 2015 and then every second year thereafter, so that one of the two surveys is being conducted each year.

‘‘(2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The two surveys may not be conducted in the same year.’’.

————–

SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT WHILE ON

ACTIVE DUTY.

(a) IN GENERAL.—Chapter 1209 of title 10, United States Code, is amended by adding at the end the fol- lowing new section:
‘‘§ 12323. Active duty pending line of duty determina-

tion required for response to sexual as-

sault

‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section re- ferred to as a ‘line of duty determination’), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.

‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a member of a reserve component not on active duty who

is the alleged victim of a sexual assault that occurred while
2  the member was on active duty and when the line of duty
3  determination is not completed, the Secretary concerned,
4  upon the request of the member, may order the member
5  to active duty for such time as necessary for completion
6  of the line of duty determination.
7  ‘‘(c) REGULATIONS.—The Secretaries of the military
8  departments shall prescribe regulations to carry out this
9  section, subject to guidelines prescribed by the Secretary
10  of Defense. The guidelines of the Secretary of Defense
11  shall provide that—
12  ‘‘(1) a request submitted by a member de-
13  scribed in subsection (a) or (b) to continue on active
14  duty, or to be ordered to active duty, respectively,
15  must be decided within 30 days from the date of the
16  request; and
17  ‘‘(2) if the request is denied, the member may
18  appeal to the first general officer or flag officer in
19  the chain of command of the member, and in the
20  case of such an appeal a decision on the appeal must
21  be made within 15 days from the date of the ap-
22  peal.’’.
23  (b) CLERICAL AMENDMENT.—The table of sections
24  at the beginning of chapter 1209 of such title is amended
25  adding at the end the following new item:
—————-
  1. 5  SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF
  2. 6  UNIFORM CODE OF MILITARY JUSTICE AND
  3. 7  JUDICIAL PROCEEDINGS OF SEXUAL AS-
  4. 8  SAULT CASES.
  5. 9  (a) INDEPENDENT REVIEWS AND ASSESSMENTS RE-
  6. 10  QUIRED.—
  7. 11  (1) RESPONSE SYSTEMS TO ADULT SEXUAL AS-
  8. 12  SAULT CRIMES.—The Secretary of Defense shall es-
  9. 13  tablish a panel to conduct an independent review
  10. 14  and assessment of the systems used to investigate,
  11. 15  prosecute, and adjudicate crimes involving adult sex-
  12. 16  ual assault and related offenses under section 920 of
  13. 17  title 10, United States Code (article 120 of the Uni-
  14. 18  form Code of Military Justice), for the purpose of
  15. 19  developing recommendations regarding how to im-
  16. 20  prove the effectiveness of such systems.
  17. 21  (2) JUDICIAL PROCEEDINGS SINCE FISCAL
  18. 22  YEAR 2012 AMENDMENTS.—The Secretary of De-
  19. 23  fense shall establish a panel to conduct an inde-
  20. 24  pendent review and assessment of judicial pro-
  21. 25  ceedings conducted under the Uniform Code of Mili-

———–

(A) Assess and make recommendations for improvements in the implementation of the re- forms to the offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice that were en- acted by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1404).

(B) Review and evaluate current trends in response to sexual assault crimes whether by courts-martial proceedings, non-judicial punish- ment and administrative actions, including the number of punishments by type, and the con- sistency and appropriateness of the decisions, punishments, and administrative actions based on the facts of individual cases.

(C) Identify any trends in punishments rendered by military courts, including general, special, and summary courts-martial, in re- sponse to sexual assault, including the number…..

——————-

SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF

UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES.

(NOTE: This is a big one.)

(E) Review and assess those instances in which prior sexual conduct of the alleged victim was considered in a proceeding under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), and any instances in which prior sexual conduct was determined to be inadmissible.

(F) Review and assess those instances in which evidence of prior sexual conduct of the alleged victim was introduced by the defense in a court-martial and what impact that evidence had on the case.

———————-

SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND CONCURRENCE IN SEPARATION OF MEM- BERS OF THE ARMED FORCES MAKING AN UNRESTRICTED REPORT OF SEXUAL ASSAULT.

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