HR 1867 · 113th Congress 2013–2015, ended

BE SAFE Act

Introduced May 8, 2013 Originated House Sponsor Michael R. Turner R-OH

Latest action · Jun 20, 2013 Referred to the Subcommittee on Military Personnel.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedMay 8, 2013
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Better Enforcement for Sexual Assault Free Environments Act of 2013 or BE SAFE Act - Amends the Uniform Code of Military Justice (UCMJ) to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change such finding to a finding of guilty to a lesser included offense (except with respect to a minor offense). Requires a convening authority, when changing a charge with respect to a minor offense, to prepare a written explanation of such action, which shall be made part of the record.

Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, unless to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record.

Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof.

Eliminates any statute of limitations with respect to UCMJ actions for sexual assault of a child.

Authorizes the Secretary of the military department concerned to provide guidance for commanders regarding their authority to make determinations, and to take action, regarding whether a member of the Armed Forces (member) serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit.

Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance.

Requires the Secretary of Defense (DOD) to report to the congressional defense committees on: (1) sentencing guidelines and mandatory minimum sentencing provisions under the UCMJ, and (2) the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.

Cosponsors 34

Members who signed on, in the order they did. Signatures ran from May 8, 2013 to Jul 24, 2013; 1 is an original cosponsor, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-MA	Niki Tsongas	Original	May 8, 2013
D-IN	André Carson		May 14, 2013
D-NH	Ann M. Kuster		May 14, 2013
R-VA	E. Scott Rigell		May 14, 2013
D-MO	Emanuel Cleaver		May 14, 2013
D-IL	Janice D. Schakowsky		May 14, 2013
R-PA	Michael G. Fitzpatrick		May 14, 2013
D-NY	Nita M. Lowey		May 14, 2013
R-FL	Vern Buchanan		May 14, 2013
D-ME	Chellie Pingree		May 16, 2013
R-NY	Christopher P. Gibson		May 16, 2013
D-NY	Louise McIntosh Slaughter		May 16, 2013
D-WI	Mark Pocan		May 16, 2013
D-HI	Tulsi Gabbard		May 16, 2013
D-MN	Betty McCollum		May 20, 2013
R-OH	Bill Johnson		May 20, 2013
D-IL	Bobby L. Rush		May 20, 2013
R-NJ	Frank A. LoBiondo		May 20, 2013
R-FL	Jeff Miller		May 20, 2013
R-CO	Mike Coffman		May 20, 2013
D-IA	David Loebsack		May 21, 2013
R-CO	Doug Lamborn		May 21, 2013
D-NY	Timothy H. Bishop		May 21, 2013
R-PA	Patrick Meehan		May 22, 2013
D-PA	Allyson Y. Schwartz		Jun 11, 2013
D-CA	Anna G. Eshoo		Jun 11, 2013
D-NY	Brian Higgins		Jun 11, 2013
D-MA	John F. Tierney		Jun 11, 2013
R-MI	Kerry L. Bentivolio		Jun 11, 2013
R-IA	Tom Latham		Jun 11, 2013
R-OH	David P. Joyce		Jul 18, 2013
D-MA	William R. Keating		Jul 18, 2013
D-CA	Mark Takano		Jul 23, 2013
D-PA	Matt Cartwright		Jul 24, 2013

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Armed Services Committee	Referred May 8, 2013
	Military Personnel Subcommittee	Referred Jun 20, 2013

Actions 3

Everything that happened, newest first.

Jun 20, 2013Referred to the Subcommittee on Military Personnel.
May 8, 2013Introduced in House
May 8, 2013Referred to the House Committee on Armed Services.

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House	Lists H2534H.R. 1867–1899	—	May 8, 2013

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Military Regulation: Article I, Section 8, Clauses 14 and 18 To make Rules for the Government and Regulation of the land and naval Forces; and To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof.

The sponsor’s statement, as printed in the page H2534.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
S. Hrg. 113-318	AIRLINE INDUSTRY CONSOLIDATION72 pages	Commerce, Science, and Transportation Committee	Jun 19, 2013

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
R43168	Military Sexual Assault: Chronology of Activity in the 113th-114th Congresses and Related Resources	Report	May 16, 2019

Related bills 2

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 1032	Better Enforcement for Sexual Assault Free Environments Act of 2013	Related bill	May 23, 2013
HR 2207	BE SAFE Act	Related bill	Aug 29, 2013

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To amend title 10, United States Code, to make certain improvements in the Uniform Code of Military Justice related to sex-related offenses committed by members of the Armed Forces, and for other purposes.
Short Titles as Introduced: BE SAFE Act; Better Enforcement for Sexual Assault Free Environments Act of 2013

Subjects

Assigned by the Library of Congress. Policy area: Armed Forces and National Security.

Text 1

Each version as it was printed, newest first.

May 8, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.