Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that amends military sexual assault offense procedures, appropriates funds for fiscal year 2014 for military activities of the Department of Defense, for defense activities of the Department of Energy, and for other purposes.

Highlights:

• Requires a commanding officer to immediately refer a reported sexual-related offense involving a member in the officer’s chain of command to 1 of the following (Sec. 541):
• The military criminal investigations organization that is responsible for investigating that offense; or
• Other investigation services specified by the applicable secretary of the military department.

• Requires the secretary of each military department to provide for the review of a decision by a convening authority not to refer charges of committed or attempted rape, sexual assault, or forcible sodomy to court-martial (Sec. 552).

• Requires the secretary of each military department to establish a “Special Victims’ Counsel” program to provide legal advice and assistance to a member of the Armed Forces and dependents of the member who is a victim of a sexual assault committed by a member of the Armed Forces (Sec. 539).

• Requires the Special Victims’ Counsel program to provide legal advice that includes, but is not limited to, the following (Sec. 539):
• Any potential criminal liability of the victim;
• Any responsibility of the victim to testify;   
• Any potential for civil litigation against parties other than the Department of Defense; and
• Any available military or civilian restraining or protective orders.

• Repeals the 5-year statute of limitations on trial by court-martial for offenses involving sex-related crimes (Sec. 551).

• Repeals the authority of a commanding officer to consider an accused individual’s character and military service when deciding to dispose of an offense (Sec. 565).

• Requires a service member who is convicted by court-martial or receives a non-judicial penalty for a sexual-related offense to have a notation of the offense in the personnel service record of the member and prohibits the notation from being placed in the restricted section of the personnel service record (Sec. 534).

• Requires a penalty for an individual convicted of committing or attempting to commit rape, sexual assault, or forcible sodomy to receive a minimum penalty of dismissal or dishonorable discharge (Sec. 554).

• Prohibits the Armed Forces from commissioning or enlisting an individual who is convicted of committing or attempting to commit any of the following offenses (Sec. 531):
• The offense of rape or sexual assault;
• The offense of forcible sodomy; or
• The offense of incest.

• Repeals the crime of consensual sodomy under the Uniform Code of Military Justice (Sec. 562).

• Appropriates $80.71 billion for overseas contingency operations for fiscal year 2014 (Secs. 4102, 4202, 4302, 4402 & 4502).

• Appropriates $17.81 billion to the Department of Energy for national security programs for fiscal year 2014 (Sec. 4701).

• Increases the monthly basic pay rate for uniformed service members by 1 percent starting January 1, 2014 (Sec. 601).

• Authorizes the following minimum numbers of service members for each branch of the military starting September 30, 2014 (Sec. 401):
• For the Army, 520,000;
• For the Navy, 323,600;
• For the Marine Corps, 190,200; and
• For the Air Force, 327,600.

• Authorizes the Secretary of Defense to transfer or release an individual who is detained at Guantanamo Bay, Cuba to the individual’s country of origin or a foreign country under the following circumstances (Sec. 1031):
• The individual is no longer a threat to the national security of the United States;
• The transfer or release is required by an order of a court or competent tribunal of the United States that has jurisdiction; or
• The individual has been tried in court or tribunal of the United States that has jurisdiction and has been acquitted of such charges or has been convicted and has completed a sentence pursuant to the conviction.

• Authorizes the Secretary of Defense to transfer an individual detained at Guantanamo Bay, Cuba to the custody or control of the individual’s country of origin or a foreign country if the Secretary determines the following prior to the transfer (Sec. 1031):
• Actions have been taken to “substantially” mitigate the risk of the individual engaging or reengaging in any hostile activity that threatens the United States; and
• The transfer is in the national security interest of the United States.

• Authorizes the Secretary of Defense to transfer certain individuals who are detained at Guantanamo Bay, Cuba to the United States for detention and trial if the Secretary determines the following (Sec. 1033):
• The transfer is in the national security interest of the United States;
• Actions have been taken to address risk to public safety that could arise in connection with the detention and trial in the United States; and
• The appropriate committees of Congress have been notified at least 30 days before the date of the proposed transfer.

• Authorizes the Secretary of Defense to temporarily transfer an individual who is detained at Guantanamo Bay, Cuba to a Department of Defense medical facility in the United States for the purpose of providing the individual emergency or critical medical treatment if the Secretary determines the following (Sec. 1032):
• The medical treatment is necessary to prevent death or “imminent significant injury or harm” to the individual;
• The medical treatment is not available to be provided at Guantanamo Bay without incurring “excessive and unreasonable” costs; and
• The Department of Defense has provided for “appropriate” security measures for the custody and control of the individual during the period in which the individual is temporarily in the United States.

Full Bill Text

Full Bill Text