HR 2207 · 113th Congress 2013–2015, ended

BE SAFE Act

Introduced May 23, 2013 Originated House Sponsor Michael R. Turner R-OH

Latest action · Aug 29, 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 23, 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. Requires a convening authority, when changing a charge with respect to a qualifying offense, to prepare a written explanation of such action, which shall be made part of the record. Defines a "qualifying offense" as one for which the maximum sentence of confinement does not exceed two years and for which the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.

Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, except 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.

Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after receiving matters for such consideration from the accused. Allows such period to be extended by up to an additional 20 days for good cause shown.

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

Requires: (1) a request by a defense counsel in an action under the UCMJ to interview a complaining witness to be placed through trial counsel; and (2) any such interview to take place in the presence of trial counsel, counsel for the witness, or outside counsel.

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.

Requires the commanding officer of a member filing an unrestricted report on a sexual assault, within eight days after the filing of such report, to brief specified officers in that member's chain of command on the incident.

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 16

Members who signed on, in the order they did. Signatures ran from May 23, 2013 to Aug 1, 2013; 1 is an original cosponsor, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-MA	Niki Tsongas	Original	May 23, 2013
D-IL	Bobby L. Rush		Jun 11, 2013
D-IA	David Loebsack		Jun 11, 2013
D-MO	Emanuel Cleaver		Jun 11, 2013
R-NJ	Frank A. LoBiondo		Jun 11, 2013
D-MA	John F. Tierney		Jun 11, 2013
D-NY	Louise McIntosh Slaughter		Jun 11, 2013
D-NY	Nita M. Lowey		Jun 11, 2013
R-PA	Patrick Meehan		Jun 11, 2013
D-NY	Timothy H. Bishop		Jun 11, 2013
R-IA	Tom Latham		Jun 11, 2013
R-FL	Vern Buchanan		Jun 11, 2013
R-OH	David P. Joyce		Jul 18, 2013
D-MA	William R. Keating		Jul 18, 2013
D-PA	Robert A. Brady		Aug 1, 2013
R-IL	Rodney Davis		Aug 1, 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 23, 2013
	Military Personnel Subcommittee	Referred Aug 29, 2013

Actions 3

Everything that happened, newest first.

Aug 29, 2013Referred to the Subcommittee on Military Personnel.
May 23, 2013Introduced in House
May 23, 2013Referred to the House Committee on Armed Services.

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

[Pages H5347-H5349] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. NEUGEBAUER: H.J. Res. 57. Congress has the power to enact this legislation pursuant to the following: Constitutional Amendments Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State without its Consent, shall be deprived of its equal Suffrage in the Senate. ADDITIONAL SPONSORS Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 60: Mr. Danny K. Davis of Illinois. H.R. 148: Mr. Enyart. H.R. 182: Mr. Sires. H.R. 183: Mr. Enyart. H.R. 262: Mr. Heck of Nevada and Mr. Schock. H.R. 279: Mr. Ruiz. H.R. 281: Ms. Kaptur. H.R. 292: Mr. George Miller of California. H.R. 301: Mr. Gardner and Mr. Wittman. H.R. 310: Mr. Kilmer. H.R. 362: Mr. George Miller of California. H.R. 363: Mr. George Miller of California. H.R. 366: Ms. Jenkins and Mr. Schneider. H.R. 419: Mr. Kelly of Pennsylvania. H.R. 460: Mr. Perlmutter. H.R. 474: Mr. Ellison. H.R. 485: Ms. Tsongas. H.R. 491: Mr. Sherman. H.R. 508: Mr. Quigley, Mr. Barber, and Mr. Gibson. H.R. 523: Mr. Smith of Missouri. H.R. 525: Mr. Ryan of Ohio. H.R. 533: Mr. Cartwright and Mr. DeFazio. H.R. 543: Mr. George Miller of California. H.R. 574: Mr. Clay. H.R. 578: Mr. Womack. H.R. 580: Mr. Cartwright. H.R. 620: Mr. Ellison. H.R. 621: Mr. Barletta. H.R. 647: Mr. Pascrell, Mrs. Miller of Michigan, Mr. Johnson of Georgia, Ms. Fudge, Mr. McDermott, and Mr. Neal. H.R. 679: Mr. Scott of Virginia. H.R. 685: Ms. Moore, Mr. Price of Georgia, Mr. Al Green of Texas, Mr. Kilmer, Mr. Neal, Mrs. Lowey, and Mr. Womack. H.R. 690: Mr. Barletta and Mr. Walden. H.R. 702: Mr. Cohen and Mr. Langevin. H.R. 720: Mr. Cartwright. H.R. 724: Mr. Swalwell of California. H.R. 755: Ms. Esty. H.R. 792: Mr. Gowdy. H.R. 795: Mr. Stockman. H.R. 846: Mr. Nunnelee, Mr. Courtney, Mr. Cohen, Mr. Kline, Mr. Sam Johnson of Texas, Ms. Fudge, Mr. Stutzman, and Mr. Pocan. H.R. 920: Mr. Gallego. H.R. 938: Mr. Thornberry. H.R. 961: Mr. Bera of California. H.R. 975: Mr. Price of North Carolina. H.R. 1001: Mr. Bishop of New York and Mr. Cole. H.R. 1014: Mr. Rothfus. H.R. 1015: Mr. Huffman, Mr. Bachus, and Mr. Barletta. H.R. 1020: Mr. Danny K. Davis of Illinois, Mr. Renacci, and Mr. Womack. H.R. 1024: Ms. Clarke, Mrs. Miller of Michigan, and Ms. Kuster. H.R. 1074: Ms. DeGette. H.R. 1091: Mr. Sam Johnson of Texas, Mr. Goodlatte, and Mr. Massie. H.R. 1094: Mr. Bera of California and Mr. Serrano. H.R. 1105: Mr. Matheson and Mr. Bachus. H.R. 1146: Mr. McHenry. H.R. 1175: Ms. Bass. H.R. 1176: Mr. Wittman. H.R. 1237: Mr. Stivers. H.R. 1249: Mr. Griffin of Arkansas. H.R. 1250: Mr. Courtney, Mrs. Miller of Michigan, and Ms. Esty. H.R. 1252: Mr. Cook, Mr. Runyan, and Mr. Pearce. H.R. 1276: Mrs. Miller of Michigan, Mr. Fortenberry, Ms. Duckworth, Mr. Farr, and Mrs. Capps. H.R. 1318: Ms. Sewell of Alabama, Mr. Neal, and Mr. Clay. H.R. 1327: Ms. McCollum. H.R. 1346: Mr. Lowenthal. H.R. 1354: Mr. Kilmer. H.R. 1389: Ms. Frankel of Florida and Ms. Esty. H.R. 1416: Mr. Israel and Mr. Wilson of South Carolina. H.R. 1428: Mr. Gerlach. H.R. 1476: Mr. Bentivolio. H.R. 1518: Ms. Pingree of Maine. H.R. 1526: Mr. Coffman. H.R. 1563: Ms. Wilson[...]

The sponsor’s statement, as printed in the page H5348.

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 1867	BE SAFE Act	Related bill	Jun 20, 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 23, 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.