S.Amdt. 2403

SA 2403. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 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; which was ordered to lie on the table; as follows:

On page 157, between the matter before line 1 and line 1, insert the following:

(e) Discharge and Enforcement of Rights of Victims To Be Heard at Proceedings Relating to Offenses.--

(1) Representation through counsel.--In any proceeding of the military justice process in which a member of the Armed Forces or dependent of a member who is the victim of a sexual assault committed by a member of the Armed Forces has the right to be heard, such member or dependent shall have the right to be heard through an attorney who represents such member or dependent.

(2) Appellate enforcement of rights.--

(A) Court of criminal appeals.--Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended--

(i) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and

(ii) by inserting after subsection (e) the following new subsection (f):

“(f)(1) The Judge Advocate General may refer to a Court of Criminal Appeals each petition by a member of the armed forces or a dependent of a member for the enforcement of the following rights:

“(A) Any right available to the petitioning member or dependent to be heard at a proceeding of the military justice process in connection with a sexual assault committed by a member of the armed forces in which the petitioning member or dependent was the victim.

“(B) The right of the petitioning member or dependent to be represented by counsel at any such proceeding at which the member or dependent has the right to be heard.

“(2) In a petition referred to it under paragraph (1), the Court of Criminal Appeals may act only on the decision of the military judge not to enforce a right referred to in that paragraph.

“(3) If the Court of Criminal Appeals sets aside the decision of a military judge, it may order the military judge to enforce the rights of the member or dependent.”.

(B) Court of appeals for the armed forces.--Section 867 of title 10, United States Code (article 67 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

“(f)(1) The Court of Appeals for the Armed Forces shall have the authority, in its discretion, to review each petition for review by a member of the armed forces or dependent of a member of a decision of the Court of Criminal Appeals under section 866(f) of this title (article 66(f)) not to enforce a right of the member or dependent under paragraph (1) of that section.

“(2) In a case reviewed by it under paragraph (1), the review of the Court of Appeals for the Armed Forces shall be limited to the decision of the Court of Criminal Appeals. The Court of Appeals for the Armed Forces shall only take action with respect to matters of law.

“(3) If the Court of Appeals for the Armed Forces sets aside the decision of a Court of Criminal Appeals, it may order the enforcement of the right of the member or dependent.”.