Display Version Introduced in House

HR 3990 IHCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 3990

To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims services, and strengthened provisions for prosecution of assailants, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVES

October 29, 2007

Ms. SLAUGHTER (for herself, Mr. ALLEN, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, Mr. BLUMENAUER, Mr. BURTON of Indiana, Mrs. CAPPS, Mr. COSTA, Mr. CROWLEY, Ms. DELAURO, Ms. ESHOO, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. GRIJALVA, Ms. HIRONO, Mr. HONDA, Mr. INSLEE, Mrs. MALONEY of New York, Mr. MARKEY, Ms. MATSUI, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr. MICHAUD, Mr. MOORE of Kansas, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. POE, Ms. LORETTA SANCHEZ of California, Mr. SHAYS, Ms. SOLIS, Mr. TIERNEY, Mr. WU, Ms. SUTTON, Ms. ROYBAL-ALLARD, Ms. KILPATRICK, Mr. ROTHMAN, Mr. CARNEY, Mr. DICKS, Mr. VAN HOLLEN, and Mr. AL GREEN of Texas) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

---

A BILL

To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims services, and strengthened provisions for prosecution of assailants, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Military Domestic and Sexual Violence Response Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--VICTIMS' ADVOCATE PROGRAMS IN THE DEPARTMENT OF DEFENSE

Subtitle A--Definitions

Sec. 101. Definitions relating to sexual assault, domestic violence, etc., in the military.CommentsClose CommentsPermalink

Subtitle B--Office of Victims' Advocate and Department of Defense Interdisciplinary Council

Sec. 111. Office of the Victims' Advocate.CommentsClose CommentsPermalink





Sec. 112. Department of Defense Interdisciplinary Council.CommentsClose CommentsPermalink





Sec. 113. Conforming repeal.CommentsClose CommentsPermalink

Subtitle C--National and International Hotlines Awareness, Prevention, and Intervention Campaign

Sec. 121. Awareness, prevention, and intervention campaign.CommentsClose CommentsPermalink

Subtitle D--Prevention and Intervention Training

Sec. 131. Prevention and intervention training contracts.CommentsClose CommentsPermalink

Subtitle E--Biennial Conference on Sexual Assault and Domestic Violence

Sec. 141. Establishment.CommentsClose CommentsPermalink





Sec. 142. Conference activities.CommentsClose CommentsPermalink





Sec. 143. Conference participants.CommentsClose CommentsPermalink

Subtitle F--Memorandums of Understanding With Civil Organizations

Sec. 151. Agreements with civilian organizations.CommentsClose CommentsPermalink

TITLE II--RIGHTS, RESTITUTION, TREATMENT, AND SERVICES FOR VICTIMS

Subtitle A--Protection of Persons Reporting Sexual Assault or Domestic Violence

Sec. 201. Protection of communications between victims and advocates.CommentsClose CommentsPermalink





Sec. 202. Victim service organization privilege and health care professional privilege in cases arising under Uniform Code of Military Justice.CommentsClose CommentsPermalink

Subtitle B--Medical Care and Treatment for Victims of Sexual and Domestic Violence

Sec. 211. Enhanced Department of Defense treatment capacity.CommentsClose CommentsPermalink





Sec. 212. Community level program.CommentsClose CommentsPermalink





Sec. 213. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink

Subtitle C--Military-Civilian Shelter Programs

Sec. 221. Enhanced capacity of the Department of Defense for shelter programs and services.CommentsClose CommentsPermalink

Subtitle D--Victim's Rights and Restitution

Sec. 231. Military law enforcement and victims' rights.CommentsClose CommentsPermalink





Sec. 232. Availability of incident reports.CommentsClose CommentsPermalink





Sec. 233. Victim advocates and victims' rights.CommentsClose CommentsPermalink





Sec. 234. Restitution.CommentsClose CommentsPermalink





Sec. 235. Records of military justice actions.CommentsClose CommentsPermalink





Sec. 236. Technical amendments relating to fatality review panels.CommentsClose CommentsPermalink

TITLE III--REPORTING, PROSECUTION, AND TREATMENT OF PERPETRATORS

Subtitle A--Reporting of Sexual Assault, Domestic Violence, and Stalking Within the Department of Defense

Sec. 301. Complaints of sexual assault and domestic violence.CommentsClose CommentsPermalink





Sec. 302. Response of military law enforcement officials to domestic violence incidents.CommentsClose CommentsPermalink





Sec. 303. Investigation of sexual and domestic violence cases involving Department of Defense personnel.CommentsClose CommentsPermalink

Subtitle B--Crimes Related to Sexual Assault and Domestic Violence

Chapter 1--Federal Criminal Code

Sec. 311. Assimilative crimes.CommentsClose CommentsPermalink





Sec. 312. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States.CommentsClose CommentsPermalink





Sec. 313. Travel and transportation.CommentsClose CommentsPermalink

Chapter 2--Uniform Code of Military Justice

Sec. 316. Domestic violence and family violence.CommentsClose CommentsPermalink





Sec. 317. Protective orders.CommentsClose CommentsPermalink

Subtitle C--Treatment Services for Perpetrators

Sec. 321. Enhanced capacity of the Department of Defense for treatment services for perpetrators.CommentsClose CommentsPermalink





Sec. 322. Sex offender treatment program.CommentsClose CommentsPermalink

TITLE IV--COUNSELING AND TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS

Sec. 401. Research on best practices to overcome stigma related to military sexual trauma.CommentsClose CommentsPermalink





Sec. 402. Training for Department of Veterans Affairs primary care providers.CommentsClose CommentsPermalink





Sec. 403. Pilot program on ways to identify veterans who are victims of military sexual trauma.CommentsClose CommentsPermalink





Sec. 404. Pilot program on treatment of active-duty military personnel through facilities of the Department of Veterans Affairs.CommentsClose CommentsPermalink

TITLE V--OTHER MATTERS

Subtitle A--Administration Matters

Sec. 501. Performance evaluations and benefits.CommentsClose CommentsPermalink





Sec. 502. Closure of Article 32 investigations in cases of sexual assault or domestic violence.CommentsClose CommentsPermalink

Subtitle B--Enhancement of Armed Forces Domestic Security Act

Sec. 511. Amendments to Servicemembers Civil Relief Act.CommentsClose CommentsPermalink

Subtitle C--Research on Prevalence, Needs Assessment, Services, and Accountability

Sec. 521. Research on sexual assault, domestic violence, and family violence in the Armed Forces.CommentsClose CommentsPermalink





Sec. 522. Research on institutional procedures for reporting sexual assault, domestic violence, and family violence in the Armed Forces.CommentsClose CommentsPermalink





Sec. 523. Research on dating violence associated with the Armed Forces.CommentsClose CommentsPermalink





Sec. 524. Research on child maltreatment, abuse, and homicide in the Armed Forces.CommentsClose CommentsPermalink

TITLE I--VICTIMS' ADVOCATE PROGRAMS IN THE DEPARTMENT OF DEFENSE

Subtitle A--Definitions

SEC. 101. DEFINITIONS RELATING TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, ETC., IN THE MILITARY.

(a) In General- Chapter 1 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 102. Definitions relating to sexual assault, domestic violence, etc.

`(a) Definitions Relating to Conduct- The following definitions apply in this title:CommentsClose CommentsPermalink





`(1) SEXUAL ASSAULT- The term `sexual assault' has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(6)).CommentsClose CommentsPermalink





`(2) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).CommentsClose CommentsPermalink





`(3) FAMILY VIOLENCE- The term `family violence' has the meaning given that term in section 320(1) of the Family Violence Prevention and Services Act (42 U.S.C. 10421(1)).CommentsClose CommentsPermalink





`(4) STALKING- The term `stalking' has the meaning given that term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).CommentsClose CommentsPermalink





`(5) SEXUAL VIOLENCE- The term `sexual violence' means any of the following:CommentsClose CommentsPermalink





`(A) Sexual abuse.CommentsClose CommentsPermalink





`(B) Sexual assault.CommentsClose CommentsPermalink





`(C) Sexual battery.CommentsClose CommentsPermalink





`(D) Rape.CommentsClose CommentsPermalink





`(6) SEXUAL HARASSMENT- The term `sexual harassment' means any conduct involving sexual harassment that--CommentsClose CommentsPermalink





`(A) in the case of conduct of a person who is subject to the provisions of chapter 47 of this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; andCommentsClose CommentsPermalink





`(B) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member.CommentsClose CommentsPermalink





`(7) DATING VIOLENCE- The term `dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.CommentsClose CommentsPermalink





`(b) Definitions Relating to Victims- The following definitions apply in this title:CommentsClose CommentsPermalink





`(1) VICTIM- The term `victim' means a person who is a victim of sexual assault, domestic violence, family violence, stalking, or sexual misconduct committed--CommentsClose CommentsPermalink





`(A) by or upon a member of the armed forces;CommentsClose CommentsPermalink





`(B) by or upon a family member of a member of the armed forces;CommentsClose CommentsPermalink





`(C) by or upon a person who shares a child in common with a member of the armed forces;CommentsClose CommentsPermalink





`(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces;CommentsClose CommentsPermalink





`(E) by or upon a person similarly situated to a spouse of a member of the armed forces; orCommentsClose CommentsPermalink





`(F) by or upon any other person who is protected from the acts of a member of the Armed Forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.CommentsClose CommentsPermalink





`(2) REPRESENTATIVE OF THE VICTIM- The term `representative of the victim' means, with respect to a victim who is deceased, the person who is listed first among the following (other than a person who is considered a perpetrator with respect to the victim):CommentsClose CommentsPermalink





`(A) The surviving spouse.CommentsClose CommentsPermalink





`(B) A surviving child of the decedent who has attained 18 years of age.CommentsClose CommentsPermalink





`(C) A surviving parent of the decedent.CommentsClose CommentsPermalink





`(D) A surviving adult relative.CommentsClose CommentsPermalink





`(E) The public administrator appointed by a probate court, if one has been appointed.CommentsClose CommentsPermalink





`(3) PARTNER- The term `partner' means any of the following:CommentsClose CommentsPermalink





`(A) A person who is or has been in a social relationship of a romantic or intimate nature with another.CommentsClose CommentsPermalink





`(B) A person who shares a child in common with another person.CommentsClose CommentsPermalink





`(C) A person who is cohabiting with or has cohabited as a spouse by regularly residing in the household.CommentsClose CommentsPermalink





`(D) A person similarly situated to a spouse.CommentsClose CommentsPermalink





`(E) A former spouse.CommentsClose CommentsPermalink





`(c) Definitions Relating to Programs and Organizations- The following definitions apply in this title:CommentsClose CommentsPermalink





`(1) Victims' ADVOCATES PROGRAM- The term `victims' advocates program' means a program established within a military department pursuant to section 1814(a) of this title.CommentsClose CommentsPermalink





`(2) FAMILY ADVOCACY PROGRAM- The term `family advocacy program' has the meaning provided in Department of Defense Directive 6400.1, issued by the Office of Family Policy of the Department of Defense established by section 1781 of this title.CommentsClose CommentsPermalink





`(3) VICTIM SERVICES ORGANIZATION- The term `victim services organization' means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims.CommentsClose CommentsPermalink





`(d) Other- The following definitions apply in this title:CommentsClose CommentsPermalink





`(1) PERSONALLY IDENTIFYING INFORMATION- The term `personally identifying information' has the meaning given that term in section 1816(b) of this title.CommentsClose CommentsPermalink





`(2) ELECTRONIC COMMUNICATION- The term `electronic communication' has the meaning given that term in paragraph (12) of section 2510 of title 18.CommentsClose CommentsPermalink





`(3) TRANSITIONAL HOUSING- The term `transitional housing' includes short-term housing and has the meaning given that term in section 424(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11384(b)).CommentsClose CommentsPermalink





`(4) COMPLAINT- The term `complaint', with respect to an allegation of family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.CommentsClose CommentsPermalink





`(5) MILITARY LAW ENFORCEMENT OFFICIAL- The term `military law enforcement official' means a person authorized under regulations governing the armed forces to apprehend persons subject to chapter 47 of this title (the Uniform Code of Military Justice) or to trial thereunder.CommentsClose CommentsPermalink





`(e) Proof of Relationship- For purposes of subsection (a)(7) (relating to dating violence) and subsection (b)(3) (relating to partners), the existence of a relationship as described in that subsection shall be determined based on a consideration of--CommentsClose CommentsPermalink





`(1) the length of the relationship;CommentsClose CommentsPermalink





`(2) the type of relationship; andCommentsClose CommentsPermalink





`(3) the frequency of interaction between the persons involved in the relationship.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`Sec. 102. Definitions relating to sexual assault, domestic violence, etc.'.CommentsClose CommentsPermalink





(c) Incorporation for This Act- The provisions of section 102 of title 10, United States Code, as added by subsection (a), apply to the provisions of this Act not enacted as an amendment to such title.CommentsClose CommentsPermalink

Subtitle B--Office of Victims' Advocate and Department of Defense Interdisciplinary Council

SEC. 111. OFFICE OF THE VICTIMS' ADVOCATE.

(a) In General- Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink

`CHAPTER 90--OFFICE OF THE VICTIMS' ADVOCATE

`Sec. 1811. Office of the Victims' Advocate: establishment; Director.CommentsClose CommentsPermalink





`Sec. 1812. Office of the Victims' Advocate: responsibilities.CommentsClose CommentsPermalink





`Sec. 1813. Office of the Victims' Advocate: comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the Armed Forces and their families and partners.CommentsClose CommentsPermalink





`Sec. 1814. Victims' advocates programs in the military departments.CommentsClose CommentsPermalink





`Sec. 1815. Office of the Victims' Advocate: access.CommentsClose CommentsPermalink





`Sec. 1816. Office of the Victims' Advocate: confidentiality.CommentsClose CommentsPermalink





`Sec. 1817. Office of the Victims' Advocate: victim protection actions.CommentsClose CommentsPermalink





`Sec. 1818. Office of the Victims' Advocate: victims advocates whistleblower protections.CommentsClose CommentsPermalink





`Sec. 1819. Office of the Victims' Advocate: annual assessment.CommentsClose CommentsPermalink





`Sec. 1820. Office of the Victims' Advocate: annual report.CommentsClose CommentsPermalink





`Sec. 1821. Requirements on use of funds.CommentsClose CommentsPermalink

`Sec. 1811. Office of the Victims' Advocate: establishment; Director

`(a) Establishment- There is in the Office of the Secretary of Defense an Office of the Victims' Advocate (hereinafter in this chapter referred to as the `Office').CommentsClose CommentsPermalink





`(b) Director- (1) The head of the Office is a Director, who shall be a person with knowledge of victims' rights, advocacy, social services, and Federal, State, and military systems. The Director shall oversee the victims' advocate programs and the family advocacy programs of the Department of Defense.CommentsClose CommentsPermalink





`(2) The Director shall be a person who is qualified by training and expertise to perform the responsibilities of the Director and who has a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





`(3) The position of Director is a Senior Executive Service position. The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5.CommentsClose CommentsPermalink





`(4) The Secretary of Defense shall consult with the interdisciplinary council established under section 185 of this title in the appointment of the Director.CommentsClose CommentsPermalink





`(c) Victims Advocates- (1) Victims advocates shall be assigned to, employed by, or contracted for by the Director and shall be assigned to the Director.CommentsClose CommentsPermalink





`(2) Victim advocates shall be qualified by training, expertise, and certification to perform the responsibilities of the position and possessing a significant level of knowledge relative to the armed forces and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





`(3) The victim advocates report to the Director or to the Director's designee within the Office.CommentsClose CommentsPermalink

`Sec. 1812. Office of the Victims' Advocate: responsibilities

`(a) General Functions- (1) The Office shall facilitate access to services for victims of domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(2) The Office shall provide for victim advocates in the Department of Defense for purposes of victims' advocates programs of the Department. Victims advocates may be Department of Defense employees or contractor employees. The Director shall ensure that victim advocates receive or have received specialized training in the counseling and support of victims.CommentsClose CommentsPermalink





`(b) Qualifications of Victim Advocates- In order to be employed as a victim advocate by the Department of Defense or under a contract with the Department of Defense, an individual--CommentsClose CommentsPermalink





`(1) must have a degree in counseling or a related field or have one year of counseling experience, at least six months of which must have been in the counseling of sexual assault or domestic violence victims; andCommentsClose CommentsPermalink





`(2) must have had at least 60 hours of training as specified by regulations prescribed by the Director, including training in the following areas:CommentsClose CommentsPermalink





`(A) History of domestic violence and sexual assault.CommentsClose CommentsPermalink





`(B) Civil, criminal, and military law as it relates to domestic violence and sexual assault.CommentsClose CommentsPermalink





`(C) Societal attitudes.CommentsClose CommentsPermalink





`(D) Peer counseling techniques.CommentsClose CommentsPermalink





`(E) Housing.CommentsClose CommentsPermalink





`(F) Public and private assistance available to victims.CommentsClose CommentsPermalink





`(G) Financial resources for victims.CommentsClose CommentsPermalink





`(H) Safety and protection resources for victims.CommentsClose CommentsPermalink





`(I) Victim and transitional compensation.CommentsClose CommentsPermalink





`(J) Benefits.CommentsClose CommentsPermalink





`(K) Referral services available to victims.CommentsClose CommentsPermalink





`(L) Military culture and an understanding of how to operate within a military chain of command.CommentsClose CommentsPermalink





`(c) Health Care Assistance- Upon request of a victim of domestic violence, family violence, sexual assault, or stalking, the Director shall assist the victim in obtaining from any facility of the uniformed services or any other health care facility of the United States or, by contract, from any other source, medical services, counseling, and other mental health services appropriate for treatment of injuries resulting from the domestic violence, family violence, sexual assault, or stalking, as otherwise authorized by law, including--CommentsClose CommentsPermalink





`(1) rape evidence kits;CommentsClose CommentsPermalink





`(2) DNA testing;CommentsClose CommentsPermalink





`(3) sexually transmitted diseases screening and treatment, including Hepatitis B and Hepatitis C screening and treatment;CommentsClose CommentsPermalink





`(4) HIV screening and treatment;CommentsClose CommentsPermalink





`(5) pregnancy testing;CommentsClose CommentsPermalink





`(6) methods of pregnancy prevention approved by the Food and Drug Administration;CommentsClose CommentsPermalink





`(7) reproductive health services; andCommentsClose CommentsPermalink





`(8) other mental and physiological results of the domestic violence, sexual assault, or stalking.CommentsClose CommentsPermalink





`(d) General Coordination Functions- The Director shall coordinate programs and activities of the military departments relative to services and treatment for victims of domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(e) Evaluation and Review Responsibilities- The Director shall carry out the following ongoing evaluations and reviews:CommentsClose CommentsPermalink





`(1) Evaluation of the policies and protocols established by the military departments providing services and treatment referred to in subsection (e), with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(2) Evaluation of the programs established by the military departments providing services to victims of domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(3) Evaluation of the delivery of services of the military departments that provide services and treatment to victims of domestic violence, family violence, sexual assault, and stalking through funds provided by the Department of Defense, Department of Justice, or Department of Health and Human Services.CommentsClose CommentsPermalink





`(4) Annual review of the facilities of the Department of Defense providing services to victims of domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





`(5) Annual review of the National Domestic Violence Hotline, the National Sexual Assault Hotline, and the American Women Overseas Hotline relative to projects for military personnel, families, and partners and for victims of domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





`(6) Annual review of the victim witness assistance programs within the Department of Defense.CommentsClose CommentsPermalink





`(7) Review of information from an individual (and of any investigation resulting from the submission of such information) indicating that a victim may be in need of, or would benefit from, assistance from a victim advocate.CommentsClose CommentsPermalink





`(f) Education and Training Responsibilities- (1) The Director shall conduct, or provide for the conduct of, training and shall provide technical assistance related to domestic violence, family violence, sexual assault, and stalking within the military departments. Such training shall be mandatory, as prescribed by the Director, except to the extent necessary due to military exigencies.CommentsClose CommentsPermalink





`(2) The Director shall develop curricula for mandatory training of personnel, including first responders, security forces, law enforcement, medical personnel, command staff, military justice personnel, and military criminal investigators.CommentsClose CommentsPermalink





`(3) The Director shall conduct education and outreach programs. Such programs shall include the development and distribution of brochures, booklets, posters, and handbooks outlining hotlines, services, contact information, policies, and protocols for victims.CommentsClose CommentsPermalink

`Sec. 1813. Office of the Victims' Advocate: comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the Armed Forces and their families and partners

`(a) Responsibility- The Secretary of Defense, acting through the Director of the Office, shall implement the comprehensive policy developed pursuant to subsection (c), subject to such modifications as the Secretary considers advisable.CommentsClose CommentsPermalink





`(b) Application of Comprehensive Policy to Military Departments- The Secretary shall ensure that, to the maximum extent practicable, the policy implemented pursuant to subsection (a) is implemented uniformly by the Secretaries of the military departments.CommentsClose CommentsPermalink





`(c) Policy- (1) The Director shall recommend to the Secretary of Defense a comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces and their families and partners. The comprehensive policy should be as uniform as practicable throughout the Department of Defenses and shall, to the extent feasible, incorporate and strengthen policies previously in existence.CommentsClose CommentsPermalink





`(2) To the extent feasible, the comprehensive policy shall set forth policies and procedures with respect to each of domestic violence, family violence, sexual assault, and stalking in each of the following areas:CommentsClose CommentsPermalink





`(A) Prevention measures.CommentsClose CommentsPermalink





`(B) Education and training on prevention and response.CommentsClose CommentsPermalink





`(C) Investigation of complaints by command and law enforcement personnel.CommentsClose CommentsPermalink





`(D) Medical treatment of victims.CommentsClose CommentsPermalink





`(E) Confidential reporting of incidents.CommentsClose CommentsPermalink





`(F) Victim advocacy and response.CommentsClose CommentsPermalink





`(G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents.CommentsClose CommentsPermalink





`(H) Disposition of victims, including review by appropriate authority of administrative separation actions involving victims.CommentsClose CommentsPermalink





`(I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





`(J) Liaison and collaboration with civilian agencies on the provision of services to victims.CommentsClose CommentsPermalink





`(K) Uniform collection of data on the incidence of complaints of domestic violence, family violence, sexual assault, and stalking and on disciplinary actions taken in those cases, with such data to be disaggregated by service and by major installation.CommentsClose CommentsPermalink





`(3) The comprehensive policy shall include for each of the military departments the following:CommentsClose CommentsPermalink





`(A) A program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.CommentsClose CommentsPermalink





`(B) A program to provide victim advocacy and intervention for members of the armed forces who are victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at military installations and in deployed locations, victims advocates who are readily available to intervene on behalf of such victims.CommentsClose CommentsPermalink





`(C) Procedures for members of the armed forces to follow in the case of an incident of domestic violence, family violence, sexual assault, or stalking involving a member of the armed forces, including--CommentsClose CommentsPermalink





`(i) procedures for confidential reporting and for seeking services with victim advocates;CommentsClose CommentsPermalink





`(ii) specification of the person or persons to whom the alleged offense should be reported;CommentsClose CommentsPermalink





`(iii) specification of any other person whom the victim should contact; andCommentsClose CommentsPermalink





`(iv) procedures for the preservation of evidence.CommentsClose CommentsPermalink





`(D) Procedures for disciplinary action in cases of domestic violence, family violence, sexual assault, and stalking by members of the armed forces.CommentsClose CommentsPermalink





`(E) Other sanctions authorized to be imposed in cases of sexual assault by members of the armed forces.CommentsClose CommentsPermalink





`(F) Training for all members of the armed forces, including specific training for members of the armed forces who process allegations of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces.CommentsClose CommentsPermalink





`(G) Any other matter that the Secretary of Defense, in consultation with the Director of the Office of the Victims' Advocate, considers appropriate.CommentsClose CommentsPermalink





`(d) Recommendations- The Director shall from time to time recommend to the Secretary of Defense revisions to Department of Defense policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault, and stalking based on evaluations carried out under section 1818(b) of this title and as the Director considers appropriate.CommentsClose CommentsPermalink





`(e) Procedures To Protect Confidential Communications- The Director shall establish procedures to implement the protection of confidential communications provided under section 1816 of this title.CommentsClose CommentsPermalink

`Sec. 1814. Victims' advocates programs in the military departments

`(a) Establishment- (1) The Secretary of Defense, acting through the Director of the Office, shall require that policies and regulations of the Department of Defense with respect to the programs of the Department of Defense specified in paragraph (2) provide within each of the military departments a victims' advocates program.CommentsClose CommentsPermalink





`(2) Programs referred to in paragraph (1) are the following:CommentsClose CommentsPermalink





`(A) Victim and witness assistance programs.CommentsClose CommentsPermalink





`(B) Family advocacy programs.CommentsClose CommentsPermalink





`(C) Equal opportunity programs.CommentsClose CommentsPermalink





`(3) In the case of the Department of the Navy, separate victims' advocates programs shall be established for the Navy and for the Marine Corps.CommentsClose CommentsPermalink





`(b) Purpose- A victims' advocates program established pursuant to subsection (a) shall provide assistance described in subsection (d) to members of the armed forces and their family members and partners who are victims of any of the following:CommentsClose CommentsPermalink





`(1) Crime.CommentsClose CommentsPermalink





`(2) Sexual, physical, or emotional abuse.CommentsClose CommentsPermalink





`(3) Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.CommentsClose CommentsPermalink





`(c) Assistance- (1) Under a victims' advocates program established under subsection (a), individuals working in the program shall principally serve the interests of a victim by initiating action to provide the following:CommentsClose CommentsPermalink





`(A) Crisis intervention.CommentsClose CommentsPermalink





`(B) Screening and evaluation of the needs of victims of domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(C) Information on safe and confidential ways to seek assistance to address domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(D) Information on available services within the military departments and civilian communities.CommentsClose CommentsPermalink





`(E) Assistance in obtaining the services referred to in subparagraph (D), including medical treatment for injuries.CommentsClose CommentsPermalink





`(F) Appropriate referrals to military and civilian community-based domestic violence programs and sexual assault victim service providers with the capacity to support servicemembers, family members, or partners.CommentsClose CommentsPermalink





`(G) Information on legal rights and resources for personnel, family members, or partners in both the military and civilian programs.CommentsClose CommentsPermalink





`(H) Development and coordination of a safety plan with appropriate assistance and intervention components including, law enforcement, command, and Family Advocacy Program.CommentsClose CommentsPermalink





`(I) Advocacy for victims specified in subsection (b), including assistance in obtaining and entering no contact orders from military commands or orders of protection from a court of appropriate jurisdiction, respectively.CommentsClose CommentsPermalink





`(J) Information on benefits, including Department of Defense transitional compensation, victims of crime compensation, and veterans' benefits.CommentsClose CommentsPermalink





`(K) Coordination among services, including medical, legal, and psychological counseling.CommentsClose CommentsPermalink





`(L) Education.CommentsClose CommentsPermalink





`(M) Transportation.CommentsClose CommentsPermalink





`(N) Pre-trial, trial, and post-trial support.CommentsClose CommentsPermalink





`(2) Under a victims' advocates program established under subsection (a), an individual working in the program as a victim advocate shall carry out the following functions:CommentsClose CommentsPermalink





`(A) Serve as a voting member of the case review committee of the Department of Defense for any case to which the victim advocate is assigned.CommentsClose CommentsPermalink





`(B) Serve as a liaison with civilian community-based service providers.CommentsClose CommentsPermalink





`(C) Provide for confidential handling of all documents or conversations relative to victim care, services, benefits, and treatment.CommentsClose CommentsPermalink





`(D) Provide advocacy for the expressed interest and safety of a victim during testimony in a court-martial or civilian judicial system.CommentsClose CommentsPermalink





`(E) Provide follow-up to all identified victims (including those who have declined services) three months following initial contact to ascertain whether further intervention is, or is not, warranted.CommentsClose CommentsPermalink





`(F) Provide other appropriate assistance.CommentsClose CommentsPermalink





`(3) Services under such a program in the case of an individual who is a victim of family violence (including sexual, physical, and emotional abuse) shall be provided principally through the Office.CommentsClose CommentsPermalink





`(d) Staffing- The Secretary of Defense, acting through the Director of the Office, shall provide for the assignment of personnel (military or civilian) on a full-time basis to victims' advocates programs established under subsection (a). The Secretary, acting through the Director, shall ensure that sufficient numbers of such full-time personnel are assigned to those programs to enable the programs to be carried out effectively, including the assignment of victim advocates to deployed units.CommentsClose CommentsPermalink

`Sec. 1815. Office of the Victims' Advocate: access

`(a) Access to Senior Officials- The Director of the Office shall have direct and prompt access to any of the following when necessary for any purpose pertaining to the performance of the Director's duties:CommentsClose CommentsPermalink





`(1) The Judge Advocate General of the Army, Navy, or Air Force or the Staff Judge Advocate to the Commandant of the Marine Corps.CommentsClose CommentsPermalink





`(2) The Surgeon General of the Army, Navy, or the Air Force.CommentsClose CommentsPermalink





`(3) The Chief of Chaplains of the Army, Navy, or the Air Force.CommentsClose CommentsPermalink





`(4) The senior general or flag officer of one of the Armed Forces with responsibility specifically for personnel.CommentsClose CommentsPermalink





`(b) Access to Information- The Director shall have direct and prompt access to the following:CommentsClose CommentsPermalink





`(1) The name and location of a victim receiving services, treatment, or other assistance under the jurisdiction of a military department.CommentsClose CommentsPermalink





`(2) Any written report of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by a military department.CommentsClose CommentsPermalink





`(3) Victim case files, subject to the informed, written, and time-sensitive authorization of the victim, in records of law enforcement, criminal investigative organizations, health care providers, and command and Family Advocacy Programs, as may be necessary to carry out the responsibilities of the Office.CommentsClose CommentsPermalink





`(c) Failure To Provide Authorization- The failure of a victim to provide authorization under subsection (b)(3) shall not interfere with a case moving forward.CommentsClose CommentsPermalink





`(d) Confidentiality- To the extent that any information covered by subsection (b) provides the name and address of an individual who is the subject of a confidential proceeding, that name and address (and related information that has the effect of identifying that individual) may not be released to the public without the informed written consent of such individual.CommentsClose CommentsPermalink

`Sec. 1816. Office of the Victims' Advocate: confidentiality

`(a) Confidentiality- (1) Except as provided in paragraph (2), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Director shall protect the confidentiality and privacy of persons receiving services. The Director may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Director may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought.CommentsClose CommentsPermalink





`(2) If release of information referred to in paragraph (1) is compelled by law or by court order, the Director shall make reasonable attempts to provide notice to victims affected by the disclosure of the information. If such personally identifying information is or will be revealed, the Director shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.CommentsClose CommentsPermalink





`(3) The Director may share nonpersonally identifying data in the aggregate regarding services to victims and nonpersonally identifying demographic information in order to comply with reporting, evaluation, or data collection requirements of the armed forces or of Federal, State, or local or tribal government or the government of the District of Columbia or any territory or commonwealth.CommentsClose CommentsPermalink





`(4) The Director may share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders.CommentsClose CommentsPermalink





`(b) Personally Identifying Information- In this section, the term `personally identifying information' means the following information about an individual:CommentsClose CommentsPermalink





`(1) A first and last name.CommentsClose CommentsPermalink





`(2) A home or other physical address, including street name and name of city or town.CommentsClose CommentsPermalink





`(3) An email address or other online contact information, such as an instant messaging user identifier or a screen name, that reveals the individual's email address.CommentsClose CommentsPermalink





`(4) A telephone number.CommentsClose CommentsPermalink





`(5) A Social Security Number.CommentsClose CommentsPermalink





`(6) An Internet Protocol (IP) address or host name that identifies an individual.CommentsClose CommentsPermalink





`(7) A persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual.CommentsClose CommentsPermalink





`(8) If the individual is a member or former member of the armed forces--CommentsClose CommentsPermalink





`(A) the status of the individual as a member of an active component or reserve component or as a veteran;CommentsClose CommentsPermalink





`(B) the individual's current or most recent grade, rate, or rank;CommentsClose CommentsPermalink





`(C) the individual's current or most recent duty station or deployment status; andCommentsClose CommentsPermalink





`(D) the individual's current or most recent unit at a level below regiment (or the equivalent), numbered air force (or the equivalent), or numbered fleet (or the equivalent).CommentsClose CommentsPermalink





`(9) Any other information, including grade point average, date of birth, academic or occupational assignments or interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with information specified in any of paragraphs (1) through (8), would serve to identify an individual.CommentsClose CommentsPermalink

`Sec. 1817. Office of the Victims' Advocate: victim protection actions

`(a) Orders of Protection- The Director of the Office of the Victims' Advocate, when authorized by a victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, shall assist the victim in obtaining from any military command a military no-contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm.CommentsClose CommentsPermalink





`(b) Removal of an Alleged Offender- If the Director determines that it is appropriate to do so in order to ensure the safety of a victim, the Director may request from the appropriate commanding officer an order for the relocation or reassignment of an alleged offender who is a member of the armed forces during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim.CommentsClose CommentsPermalink

`Sec. 1818. Office of the Victims' Advocate: victims advocates whistleblower protections

`(a) Whistleblower Protections- (1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink





`(2) Paragraph (1) does not apply to a communication that is unlawful.CommentsClose CommentsPermalink





`(b) Prohibition of Retaliatory Personnel Actions- No person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for--CommentsClose CommentsPermalink





`(1) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence, or stalking;CommentsClose CommentsPermalink





`(2) a communication to a Member of Congress or an Inspector General;CommentsClose CommentsPermalink





`(3) a communication with a military law enforcement officer or official, a military criminal investigator, a judge advocate, or an officer in the chain of command;CommentsClose CommentsPermalink





`(4) a communication with civilian law enforcement, county, State, or United States attorneys, court officials, probation officers, or victim service providers; orCommentsClose CommentsPermalink





`(5) any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor.CommentsClose CommentsPermalink





`(c) Prohibited Personnel Actions- Any action prohibited by subsection (b), including the threat to take any unfavorable action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this section.CommentsClose CommentsPermalink





`(d) Investigation of Allegations of Prohibited Personnel Actions- (1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to a communication described in paragraph (2), the Inspector General shall take the action required in this section.CommentsClose CommentsPermalink





`(2) A communication described in this paragraph is a communication in which the victim advocate reasonably believes constitutes evidence of any of the following:CommentsClose CommentsPermalink





`(A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink





`(B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health.CommentsClose CommentsPermalink





`(3)(A) If the Inspector General receiving such an allegation is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (e).CommentsClose CommentsPermalink





`(B) An Inspector General of the Department of Defense receiving an allegation as described in this section shall expeditiously determine, in accordance with regulations prescribed under subsection (e), whether there is sufficient evidence to warrant an investigation of the allegation.CommentsClose CommentsPermalink





`(C) Upon determining that an investigation of an allegation under this section is warranted, the Inspector General making the determination shall expeditiously investigate the allegation.CommentsClose CommentsPermalink





`(4) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.CommentsClose CommentsPermalink





`(5) Upon receiving an allegation under this subsection, the Inspector General shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of paragraph (2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate.CommentsClose CommentsPermalink





`(6)(A) After completion of an investigation under paragraphs (3), (4), or (5), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and the Director of the Office of the Victims' Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated. The report shall be transmitted to the Secretary of Defense and the Director of the Office of the Victims' Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation.CommentsClose CommentsPermalink





`(B) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate.CommentsClose CommentsPermalink





`(C) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by subparagraph (A) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice--CommentsClose CommentsPermalink





`(i) of that determination including the reasons why the report may not be submitted within that time; andCommentsClose CommentsPermalink





`(ii) of the time when the report will be submitted.CommentsClose CommentsPermalink





`(D) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint.CommentsClose CommentsPermalink





`(e) Regulations- (1) The Secretary of Defense shall prescribe regulations to carry out this section. In prescribing regulations under this section, the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of this section, including a process of appeal and review of investigative findings.CommentsClose CommentsPermalink





`(2) The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of this title is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice).CommentsClose CommentsPermalink

`Sec. 1819. Office of the Victims' Advocate: annual assessment

`(a) Data Compliance and Reporting- The Director of the Office of the Victims' Advocate shall annually compile data collected during the preceding year by the military departments relating to incidents of domestic violence, family violence, sexual assault, and stalking. The data shall be compiled pursuant to policies set forth by the Director.CommentsClose CommentsPermalink





`(b) Assessment of Policies and Procedures- Not later than January 15 each year, the Director shall conduct an assessment of the implementation during the preceding fiscal year of the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year.CommentsClose CommentsPermalink





`(c) Personnel Analysis- The annual assessment under subsection (b) shall include a review of personnel, including staffing levels, assignments, accessibility, availability, training, and duties of victim advocates, victim witness liaisons, sexual assault nurse examiners, and others considered appropriate by the Director assigned to assist victims of domestic violence, sexual assault, family violence, and stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for such personnel.CommentsClose CommentsPermalink





`(d) Assessment of Statutes and Directives- In order to enhance the foundation of law and policy within the military departments in response to domestic violence, family violence, sexual assault, and stalking, the annual assessment under subsection (b) shall include a review of--CommentsClose CommentsPermalink





`(1) chapter 47 of this title (the Uniform Code of Military Justice), the provisions of law in force at the time of the assessment that were originally enacted by the Victims' Rights and Restitution Act or the Violence Against Women Act, and other Federal statutes applicable to domestic violence, sexual assault, family violence, and stalking;CommentsClose CommentsPermalink





`(2) directives of the military departments; andCommentsClose CommentsPermalink





`(3) regulations of the military departments considered appropriate by the Director.CommentsClose CommentsPermalink

`Sec. 1820. Office of the Victims' Advocate: annual report

`(a) Annual Report- (1) Not later than January 15 of each year, the Director shall submit to the Secretary of Defense a report on domestic violence, family violence, sexual assault, and stalking involving members of the Armed Forces during the preceding year.CommentsClose CommentsPermalink





`(2) Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink





`(A) The most recent compilation of data under section 1819(a) of this title; together with a comparison of that data (or subsets of that data) with comparable data from the civilian sector.CommentsClose CommentsPermalink





`(B) The results of the most recent assessment under section 1819(b) of this title.CommentsClose CommentsPermalink





`(C) The number of incidents of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces that were reported to military officials during the year covered by the report and the number of the cases so reported that were substantiated.CommentsClose CommentsPermalink





`(D) A summary of the types of cases and the disciplinary action taken in each type of case.CommentsClose CommentsPermalink





`(E) The policies, procedures, and processes implemented by the military departments during the year covered by the report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.CommentsClose CommentsPermalink





`(F) A plan for the actions that are to be taken in the fiscal year following the fiscal year covered by the report on the prevention of and response to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.CommentsClose CommentsPermalink





`(b) Transmission of Report to Congressional Committees- The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each annual report submitted to the Secretary under subsection (a), together with the comments of the Secretary on such report. The Secretary shall transmit the report for any year not later than March 15 of the following year.CommentsClose CommentsPermalink

`Sec. 1821. Requirements on use of funds

`(a) Requirements- Of the amounts appropriated to carry out the functions of the Office for any fiscal year, the Secretary--CommentsClose CommentsPermalink





`(1) shall use not less than 20 percent for programs addressing domestic violence, family violence, sexual assault, and stalking that are operated by, or in partnership with, civilian victim services; andCommentsClose CommentsPermalink





`(2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(b) Technical Assistance and Training- Technical assistance and training under subsection (a)(2) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.'CommentsClose CommentsPermalink





(b) Transition Provisions-CommentsClose CommentsPermalink





(1) COMPREHENSIVE POLICY- The policy required by section 1812(a) of title 10, United States Code, as added by subsection (a), shall be prescribed by the Secretary of Defense not later than the end of the 120-day period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) WHISTLEBLOWER PROTECTION REGULATIONS- The regulations required by section 1817(e) of title 10, United States Code, as added by subsection (a), shall be prescribed by the Secretary of Defense not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(3) FIRST ANNUAL REPORT- The first report under subsection (a) of section 1819(a) of such title, as added by subsection (a)--CommentsClose CommentsPermalink





(A) shall be submitted to the Secretary of Defense not later than April 1 of the year after the year in which this Act is enacted (notwithstanding the date specified in that subsection); andCommentsClose CommentsPermalink





(B) shall be transmitted by the Secretary to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives pursuant to subsection (b) of that section not later than May 1 of that year (notwithstanding the date specified in that subsection).CommentsClose CommentsPermalink





(c) Clerical Amendments- The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 88 the following new item:CommentsClose CommentsPermalink

1811'.CommentsClose CommentsPermalink

SEC. 112. DEPARTMENT OF DEFENSE INTERDISCIPLINARY COUNCIL.

(a) Codification and Revision of Council Established Under Public Law 103-337-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 185. Department of Defense Interdisciplinary Council

`(a) Department of Defense Council- The Secretary of Defense, in consultation with the Director of the Office of the Victims' Advocate of the Department of Defense, shall establish a Department of Defense interdisciplinary council to coordinate and oversee victims' advocates programs of the Department of Defense and to oversee the efforts of the Department of Defense to prevent and respond to violence against women and men.CommentsClose CommentsPermalink





`(b) Composition- (1) The Council shall consist of 12 members, appointed by the Secretary of Defense. The Council shall include members appointed from each of the Army, Navy, Air Force, and Marine Corps and shall include an equal number of personnel of the Department of Defense and persons from outside the Department of Defense. The six members appointed as personnel of the Department of Defense may include retired members of the Armed Forces.CommentsClose CommentsPermalink





`(2) The six members appointed from outside the Department of Defense may be appointed from other Federal departments and agencies, from State and local agencies, and from the private sector, but may not be members of the Armed Forces in a retired status.CommentsClose CommentsPermalink





`(3) The Secretary shall ensure that membership includes at least one judge advocate.CommentsClose CommentsPermalink





`(4) Each member of the Interdisciplinary Council appointed from outside the Department of Defense--CommentsClose CommentsPermalink





`(A) shall be an individual who has demonstrated expertise and experience in the fields of sexual assault, domestic violence, family violence, or stalking, as well as expertise and experience in civilian-military cooperation; orCommentsClose CommentsPermalink





`(B) shall be appointed from one of the following:CommentsClose CommentsPermalink





`(i) The Centers for Disease Control and Prevention of the Department of Health and Human Services.CommentsClose CommentsPermalink





`(ii) Civilian law enforcement.CommentsClose CommentsPermalink





`(iii) A judicial policy organization.CommentsClose CommentsPermalink





`(iv) A national crime victim organization.CommentsClose CommentsPermalink





`(v) A victim service organization.CommentsClose CommentsPermalink





`(vi) A survivor of domestic violence, sexual assault, family violence, or stalking in which the perpetrator was a member of the Armed Forces.CommentsClose CommentsPermalink





`(5) Members of the Interdisciplinary Council shall serve for a period of three years. The membership of the Interdisciplinary Council shall be rotated by composition and appointments as defined in paragraphs (1), (2), and (4) every three years.CommentsClose CommentsPermalink





`(c) Co-Chairs- There shall be two co-chairs of the Interdisciplinary Council. One of the co-chairs shall be designated by the Secretary of Defense at the time of appointment from among the Department of Defense personnel on the Interdisciplinary Council. The other co-chair shall be selected among the members appointed from outside the Department of Defense by those members.CommentsClose CommentsPermalink





`(d) Administrative Support- (1) Each member of the Interdisciplinary Council who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or an employee of the United States, as the case may be). Other members of the Interdisciplinary Council shall be appointed in accordance with, and subject to, section 3161(d) of title 5, but shall serve without pay.CommentsClose CommentsPermalink





`(2) The Director of the Office of the Victims' Advocate, under the direction of the Secretary of Defense, shall provide oversight of the Interdisciplinary Council. The Office of the Victims' Advocate shall provide the Interdisciplinary Council with personnel facilities and other administrative support as necessary for the performance of the Interdisciplinary Council's duties.CommentsClose CommentsPermalink





`(e) Military Department Liaisons- The Secretary of each military department shall select a representative of that department to serve as a liaison between the Interdisciplinary Council and that military department. Each such representative shall be responsible for ensuring--CommentsClose CommentsPermalink





`(1) that communications made at the Interdisciplinary Council are transmitted to military personnel; andCommentsClose CommentsPermalink





`(2) that the Interdisciplinary Council is aware of problems in the military departments related to domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





`(f) Installation Visits- The Director of the Office of the Victims' Advocate shall coordinate with the Secretaries of the military departments to provide for visits by members of the Interdisciplinary Council to military installations.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`185. Department of Defense Interdisciplinary Council.'.CommentsClose CommentsPermalink





(b) Deadline for Initial Appointments- Members of the Interdisciplinary Council under section 185 of title 10, United States Code, as added by subsection (a), shall be appointed not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Report- Not later than 18 months after the date on which all members of the Interdisciplinary Council under section 185 of title 10, United States Code, as added by subsection (a), have been appointed, the Interdisciplinary Council shall submit to the Secretary of Defense a report recommending specific ways in which the Office of the Victims' Advocate and victim advocates may more effectively address matters relative to sexual assault, domestic violence, family violence, and stalking committed by or upon servicemembers. The report shall include an assessment of, and recommendations concerning, the following:CommentsClose CommentsPermalink





(1) Victim safety programs.CommentsClose CommentsPermalink





(2) Confidentiality of communications for victims.CommentsClose CommentsPermalink





(3) Offender accountability.CommentsClose CommentsPermalink





(4) Prevention of sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





(5) Collaboration among military organizations with responsibility or jurisdiction with respect to sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





(6) Coordination between military and civilian communities including service organizations and law enforcement with respect to sexual assault, domestic violence, family violence and stalking.CommentsClose CommentsPermalink





(7) Adaptation of best professional practices within the civilian communities with respect to sexual assault, domestic violence, family violence and stalking.CommentsClose CommentsPermalink





(8) Data collection, case management, and tracking.CommentsClose CommentsPermalink





(9) Curricula and training including standardized training for armed forces personnel and community-based advocates, organizations, and service providers.CommentsClose CommentsPermalink





(10) Standardization of guidelines, directives, and statutes.CommentsClose CommentsPermalink





(11) Other issues identified by the Interdisciplinary Council.CommentsClose CommentsPermalink

SEC. 113. CONFORMING REPEAL.

Section 534 of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 113 note) is repealed.CommentsClose CommentsPermalink

Subtitle C--National and International Hotlines Awareness, Prevention, and Intervention Campaign

SEC. 121. AWARENESS, PREVENTION, AND INTERVENTION CAMPAIGN.

(a) Contracts Authorized- The Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, may enter into contracts with appropriate entities to support the crisis intervention services of the Department of Defense for victims of domestic violence, sexual assault, family violence, and stalking in the Department of Defense.CommentsClose CommentsPermalink





(b) Purpose of Contract- A contract under subsection (a) shall provide for the entity awarded the contract to perform the following functions, to the extent provided in the contract:CommentsClose CommentsPermalink





(1) Include in the services provided under the contract the availability of a toll-free telephone number (commonly referred to as an `800' number).CommentsClose CommentsPermalink





(2) Ensure that information about services and resources available to military personnel, families, and partners--CommentsClose CommentsPermalink





(A) is revised and updated as appropriate;CommentsClose CommentsPermalink





(B) is made available to the Office of the Victims' Advocate and other Department of Defense entities for distribution and posting at appropriate facilities within the Department of Defense; andCommentsClose CommentsPermalink





(C) is made available through appropriate public information services.CommentsClose CommentsPermalink





(3) Provide free and confidential support services for members of the Armed Forces and their families and partners for the purpose of developing and strengthening prevention and intervention policies for assistance to servicemembers, family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





(4) Develop and implement policies regarding appropriate, safe responses and referral procedures for servicemembers, family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking.CommentsClose CommentsPermalink





(5) Provide linguistically and culturally appropriate services, or linkages to existing services in the community, as needed to address the needs of victims and survivors associated with the Armed Forces.CommentsClose CommentsPermalink





(6) Provide the necessary staffing for responding to the needs of servicemembers, family members, and partners who are experiencing domestic violence, family violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call and who possesses demonstrated experience as a service provider to victims associated with the Armed Forces.CommentsClose CommentsPermalink





(c) Applications-CommentsClose CommentsPermalink





(1) IN GENERAL- An entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements in this section.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- To be awarded such a contract, an entity must demonstrate in its application under paragraph (1) that it has a history or experience that is relevant to the purposes of the contract.CommentsClose CommentsPermalink





(d) Considerations- (1) In providing information on services, resources, counseling, and advocacy available to members of the Armed Forces and their family members and partners, the Secretary shall ensure that the personnel who provide assistance under this section are trained to provide to persons who have experienced sexual assault, domestic violence, family violence, and stalking information about the services, care, and treatment relating to domestic violence, family violence, sexual assault, and stalking available in the communities in which the victim resides, including care and services available under programs of the Department of Defense and the Department of Veterans Affairs and from non-military and non-veteran agencies and organizations.CommentsClose CommentsPermalink





(2) The Secretary shall ensure that the telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place a call to the service.CommentsClose CommentsPermalink





(3) The Secretary shall ensure that the telephone assistance service provides immediate access to a trained counselor. The Secretary may not utilize call-back services or answering services.CommentsClose CommentsPermalink





(4) The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in medical facilities, commissary and exchange facilities, and Family Advocacy Program and Victims' Advocate Program facilities of the Department and is advertised through public service announcements and pamphlets, and by other means.CommentsClose CommentsPermalink





(e) Duration of Contract- The Secretary shall enter into any contract under this section for a period of one year. The contract may be renewed.CommentsClose CommentsPermalink





(f) Confidentiality- The Secretary shall include in a contract under this section confidentiality provisions based on the provisions of section 1816(a) of title 10, United States Code, as added by section 111.CommentsClose CommentsPermalink





(g) Nonsupplantation- Any Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section.CommentsClose CommentsPermalink





(h) No Matching Funds- For the purposes of this section, a nonprofit, nongovernmental victim services program receiving funds under this section may not be required as a condition of receiving an award of a contract under this section to provide matching funds.CommentsClose CommentsPermalink





(i) Reports- An entity receiving funds under this section shall submit to the Secretary every six months a report that describes--CommentsClose CommentsPermalink





(1) how the funds were used, including the extent to which members of the Armed Forces and their family members and partners were provided services and a description of the services provided, including the number of cases responded to;CommentsClose CommentsPermalink





(2) the adequacy of staff training and services to meet the needs of members of the Armed Forces and their family members and partners for services under the contract; andCommentsClose CommentsPermalink





(3) the existence of barriers faced by the entity to address the needs of members of the Armed Forces and their family members and partners.CommentsClose CommentsPermalink

Subtitle D--Prevention and Intervention Training

SEC. 131. PREVENTION AND INTERVENTION TRAINING CONTRACTS.

(a) Awards Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, shall enter into contracts under this section with eligible entities for the purposes of providing training and technical assistance to the Department of Defense relative to prevention of domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(2) DEFINITIONS- In this section, the term `eligible entity' means an entity that is--CommentsClose CommentsPermalink





(A) a public or nonprofit private organization having demonstrated expertise in prevention, intervention, developing community collaboration, and system response to domestic violence, sexual assault, family violence, and stalking; orCommentsClose CommentsPermalink





(B) a community-based organization experienced in providing services to servicemembers, family members, or partners who experience domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink





(b) Uses of Funds- An entity awarded a contract pursuant to subsection (a) shall--CommentsClose CommentsPermalink





(1) provide training in the dynamics of domestic violence, sexual assault, family violence, and stalking, including safety, risk assessment, potential lethality, and appropriate interventions;CommentsClose CommentsPermalink





(2) provide education programs for servicemembers, family members, or partners that are linguistically and culturally appropriate and are designed to meet any unique needs of the population by adapting and implementing existing curricula;CommentsClose CommentsPermalink





(3) provide media center materials and educational materials to the population that address the needs and concerns of servicemembers, family members, or partners who experience domestic violence, sexual assault, or stalking and the impact of the violence by identifying, adapting, and disseminating appropriate existing materials; andCommentsClose CommentsPermalink





(4) conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the development of those programs.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements described in this section.CommentsClose CommentsPermalink





(2) CONTENT- An application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink





(A) outline and describe how training and other activities will be undertaken to promote prevention, intervention, and collaboration;CommentsClose CommentsPermalink





(B) identify the members of the organization who will be responsible for carrying out the training;CommentsClose CommentsPermalink





(C) ensure that communities or agencies affected by the training are adequately represented in the development of the application, training, and follow on activities to be undertaken and that they have a significant role in evaluating the success of the project;CommentsClose CommentsPermalink





(D) include documentation of any history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-based programs, and other entities;CommentsClose CommentsPermalink





(E) provide assurances that training and other activities will be provided to all types of staff, will address appropriate practices for investigation, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking;CommentsClose CommentsPermalink





(F) describe how the training and activities will enhance or ensure the safety and security of servicemembers, families, and partners where both domestic violence and sexual assault occurs by providing appropriate resources, protection, and support to victims;CommentsClose CommentsPermalink





(G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; andCommentsClose CommentsPermalink





(H) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims.CommentsClose CommentsPermalink





(d) Duration of Contracts- The Secretary shall enter into a contract under this section for a period of one year. Such a contract may be renewed.CommentsClose CommentsPermalink





(e) Reports- An entity receiving funds under this section shall submit to the Secretary every six months a report that describes, at a minimum--CommentsClose CommentsPermalink





(1) how the funds under the program were used, including the extent to which military personnel, family members, or partners were served;CommentsClose CommentsPermalink





(2) the adequacy of staff training and services to ensure that the needs of servicemembers, family members, or partners are met; andCommentsClose CommentsPermalink





(3) the existence of barriers the entity faces to more fully addressing the needs of servicemembers, family members, or partners.CommentsClose CommentsPermalink





(f) Requirement-CommentsClose CommentsPermalink





(1) Of the amounts appropriated to carry out this section for any fiscal year, the Secretary--CommentsClose CommentsPermalink





(A) shall use not less than 20 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; andCommentsClose CommentsPermalink





(B) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, sexual assault, and stalking.CommentsClose CommentsPermalink





(2) Technical assistance and training under paragraph (1)(B) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.CommentsClose CommentsPermalink

Subtitle E--Biennial Conference on Sexual Assault and Domestic Violence

SEC. 141. ESTABLISHMENT.

Not later than one year after the date of the enactment of this Act, and every two years thereafter, the Secretary of Defense, acting through the Director of the Office of the Victims' Advocate of the Department of Defense, shall convene a national conference to review current policies for prevention of, and response to, domestic violence, sexual assault, family violence, and stalking involving members of the Armed Forces and to make recommendations for changes, as warranted, to those policies.CommentsClose CommentsPermalink

SEC. 142. CONFERENCE ACTIVITIES.

(a) In General- The conferences under this subtitle shall provide a forum for the civilian leadership of the Department of Defense, military commanders, family advocacy personnel, military criminal investigators, military law enforcement personnel, and security forces to consider problems, policies, and recommendations relating to domestic violence, sexual assault, family violence, and stalking involving members of the Armed Forces.CommentsClose CommentsPermalink





(b) First Conference-CommentsClose CommentsPermalink





(1) CONSIDERATION OF PRIOR REPORTS- Activities of the first conference under this subtitle shall include consideration of the reports and recommendations of the following:CommentsClose CommentsPermalink





(A) The Department of Defense Task Force on the Care of Sexual Assault Victims.CommentsClose CommentsPermalink





(B) The Department of Defense Task Force on Domestic Violence.CommentsClose CommentsPermalink





(C) The Department of Defense Task Force of Sexual Harassment and Misconduct at the Military Academies.CommentsClose CommentsPermalink





(2) STRATEGIC PLAN- Activities of the first conference under this subtitle shall include a discussion of, and compiling of recommendations and strategy for, a strategic plan that seeks to--CommentsClose CommentsPermalink





(A) involve more civilian leaders of the Department of Defense, military commanders, and servicemembers in prevention and other activities designed to end domestic violence, sexual assault, family violence, and stalking in the Armed Forces; andCommentsClose CommentsPermalink





(B) facilitate the Secretaries of the military departments implementation of policies on domestic violence, sexual assault, family violence, and stalking in the Armed Forces.CommentsClose CommentsPermalink

SEC. 143. CONFERENCE PARTICIPANTS.

The Secretary shall provide for participants in conferences under this subtitle to include the following:CommentsClose CommentsPermalink





(1) Representatives from a broad cross-section of military authorities, including leadership, commands, services, departments, and programs.CommentsClose CommentsPermalink





(2) Representatives of Federal, State, national and local government agencies.CommentsClose CommentsPermalink





(3) Representatives of law enforcement organizations.CommentsClose CommentsPermalink





(4) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates.CommentsClose CommentsPermalink





(5) Representatives of nonprofit, private, or nongovernmental service providers and of public and private organizations working in the field of domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(6) Individuals with demonstrated expertise in addressing the intersection between domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(7) Individuals with demonstrated expertise in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(8) Victims of domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(9) Representatives of academic and research, facilities with demonstrated expertise in domestic violence, sexual assault, family violence, and stalking.CommentsClose CommentsPermalink





(10) Representatives of the Department of Veterans Affairs.CommentsClose CommentsPermalink





(11) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces.CommentsClose CommentsPermalink

Subtitle F--Memorandums of Understanding With Civil Organizations

SEC. 151. AGREEMENTS WITH CIVILIAN ORGANIZATIONS.

(a) Memorandums of Understanding- Congress expects and encourages the Secretary of Defense to enter into memorandums of understanding with civilian organizations to provide services to victims of sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





(b) Confidentiality- When entering into a memorandum of understanding with a civilian organization as described in subsection (a), the Secretary of Defense should not enter into, and may not enforce, any provision in the memorandum that would be in direct violation of any law protecting confidential information and personal identifying information.CommentsClose CommentsPermalink

TITLE II--RIGHTS, RESTITUTION, TREATMENT, AND SERVICES FOR VICTIMS

Subtitle A--Protection of Persons Reporting Sexual Assault or Domestic Violence

SEC. 201. PROTECTION OF COMMUNICATIONS BETWEEN VICTIMS AND ADVOCATES.

(a) Restricting Communication Prohibited- Subsection (a) of section 1034 of title 10, United States Code, is amended by inserting before the period at the end the following: `or the Office of the Victims' Advocate or a Victims' Advocate within the Department of Defense'.CommentsClose CommentsPermalink





(b) Prohibition of Retaliatory Personnel Actions- Subsection (b)(1) of such section is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking `or an Inspector General' and inserting `, an Inspector General, or the Office of the Victims' Advocate or a Victims' Advocate'; andCommentsClose CommentsPermalink





(2) in subparagraph (A)--CommentsClose CommentsPermalink





(A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; andCommentsClose CommentsPermalink





(B) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink





`(iii) the Office of the Victims' Advocate or a victims' advocate;'.CommentsClose CommentsPermalink





(c) Inspector General Investigations- Subsection (c)(2) of such subsection is amended by inserting `, sexual assault, domestic violence, family violence, stalking,' in subparagraph (A) after `sexual harassment'.CommentsClose CommentsPermalink

SEC. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND HEALTH CARE PROFESSIONAL PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE OF MILITARY JUSTICE.

(a) Privileges Established-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 941. Art. 141. Privilege for communication with victim service organization or health care professional

`(a) General Rule of Privilege- A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the client and a victim service organization or any representative of the organization, or between the client and a health care professional or any representative of the professional, in a case arising under this chapter, if such communication was made for the purpose of securing advice, counseling, treatment, or assistance concerning the client's mental, physical, or emotional condition caused by domestic violence, family violence, dating violence, stalking, or sexual assault.CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) The term `client' means a person who consults with or is examined or interviewed by a victim service organization or any representative of the organization, or by a health care professional or any representative of the professional.CommentsClose CommentsPermalink





`(2) The term `victim service organization' means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims.CommentsClose CommentsPermalink





`(3) The term `representative', with respect to an organization or professional, means a person directed by or assigned to assist that organization or professional, respectively, in providing advice, counseling, treatment, or assistance.CommentsClose CommentsPermalink





`(4) The term `confidential communication' means a communication not intended to be disclosed to third persons other than--CommentsClose CommentsPermalink





`(A) those to whom disclosure is in furtherance of providing advice, counseling, treatment, or assistance to the client; andCommentsClose CommentsPermalink





`(B) those reasonably necessary for disclosing under subparagraph (A).CommentsClose CommentsPermalink





`(c) Emergency Shelter Protection- A client or representative of a client may not be compelled to provide testimony in a civil, criminal, legislative, disciplinary, or administrative proceeding that would identify--CommentsClose CommentsPermalink





`(1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; orCommentsClose CommentsPermalink





`(2) the name, address, or telephone number of a victim representative.CommentsClose CommentsPermalink





`(d) Who May Claim the Privilege- The privilege under subsection (a) or (c) may be claimed by the client or the guardian or conservator of the client. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The victim service organization, health care professional, or representative who received the communication may claim the privilege on behalf of the client. The authority of such an organization, professional, representative, guardian, or conservator to so assert the privilege is presumed in the absence of evidence to the contrary.CommentsClose CommentsPermalink





`(e) Exceptions- There is no privilege under this section--CommentsClose CommentsPermalink





`(1) when the client is dead, except for the privilege under subsection (c);CommentsClose CommentsPermalink





`(2) to the extent the communication reports child abuse;CommentsClose CommentsPermalink





`(3) when a victim service organization, health care professional, or representative believes that a mental or emotional condition of the client makes the client a danger to any person, including the client; orCommentsClose CommentsPermalink





`(4) if the communication clearly contemplated the future commission of a fraud or crime or if the services of the victim service organization or health care professional are sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`941. 141. Privilege for communication with victim service organization or health care professional.'.CommentsClose CommentsPermalink





(b) Applicability- Section 941 of title 10, United States Code (article 141 of the Uniform Code of Military Justice), as added by subsection (a), applies to communications made after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle B--Medical Care and Treatment for Victims of Sexual and Domestic Violence

SEC. 211. ENHANCED DEPARTMENT OF DEFENSE TREATMENT CAPACITY.

To the extent funds are available for such purpose, funds available to the Department of Defense shall be used to employ at least one medical professional trained as a sexual assault nurse examiner and at least one psychiatrist, and a complimentary clinical team, at each military treatment facility operated by the Department of Defense.CommentsClose CommentsPermalink

SEC. 212. COMMUNITY LEVEL PROGRAM.

(a) Program- The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall carry out a program at the community level for members of the Armed Forces on active duty and family members of such members who are victims of domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink





(b) Program Sites- The program shall be carried out through facilities of the Department of Defense.CommentsClose CommentsPermalink





(c) Program Content- In conducting the program, the Secretary shall provide for individualized case management to be conducted on a one-to-one basis, counseling, education, and group therapy to help victims cope with trauma. Through the program, the Secretary should--CommentsClose CommentsPermalink





(1) emphasize early identification of victims experiencing post-traumatic stress disorder resulting from domestic violence, sexual assault, family violence, or stalking;CommentsClose CommentsPermalink





(2) include group-oriented, peer-to-peer settings for treatment; andCommentsClose CommentsPermalink





(3) acknowledge that the causal factors of domestic violence, sexual assault, family violence, and stalking include power and control.CommentsClose CommentsPermalink





(d) Outreach- The Secretary shall provide that health information packets given to members of the Armed Forces and their family members include information about how to obtain timely and confidential post-sexual assault medical care.CommentsClose CommentsPermalink





(e) Program Models- The Secretary shall establish and carry out the program under this section following a comprehensive review of other relevant programs, including programs of the Department of Veterans Affairs, of State and local governments, and of private, nonprofit, or nongovernmental organizations specializing in the treatment of victims of domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink

SEC. 213. TRANSITION TO VETERANS HEALTH CARE FOR VICTIMS OR PERPETRATORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, FAMILY VIOLENCE, OR STALKING.

The Secretary of each military department shall take special care in providing for a seamless transition from Department of Defense health care services to Department of Veterans Affairs health care services in the case of any member of the Armed Forces who is being discharged or separated from active duty and who has been identified as a victim or perpetrator of domestic violence, sexual assault, family violence, or stalking.CommentsClose CommentsPermalink

Subtitle C--Military-Civilian Shelter Programs

SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR SHELTER PROGRAMS AND SERVICES.

(a) Contracts Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, may enter into contracts with eligible entities to provide shelter services for members of the Armed Forces and their family members and partners who experience domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





(2) ELIGIBLE ENTITIES- In this section, the term `eligible entity' means a public or private nonprofit entity the primary purpose of which is to provide shelter services to victims of domestic violence, family violence, sexual assault, or stalking. The entity may be--CommentsClose CommentsPermalink





(A) a community-based organization specializing in intervention or violence prevention services for military servicemembers, family members, or partners;CommentsClose CommentsPermalink





(B) a nonprofit nongovernmental entity providing services primarily to servicemembers, family members, or partners who are victims of domestic violence, family violence, sexual assault, or stalking;CommentsClose CommentsPermalink





(C) a nonprofit, nongovernmental entity providing services for veterans;CommentsClose CommentsPermalink





(D) a nonprofit, nongovernmental entity providing services to homeless individuals; orCommentsClose CommentsPermalink





(E) a governmental program serving servicemembers and family members.CommentsClose CommentsPermalink





(b) Uses of Funds- A contract under this section shall provide that--CommentsClose CommentsPermalink





(1) whenever possible, the entity awarded the contract shall collaborate with existing shelter services in the civilian community to provide appropriate victim services;CommentsClose CommentsPermalink





(2) when appropriate shelter services are not available in the civilian community or are not accessible to members of the Armed Forces or their family members or partners, the entity awarded the contract may provide or create shelter services in collaboration with a community-based organization;CommentsClose CommentsPermalink





(3) the entity awarded the contract shall provide referral services to a Department of Defense victims advocate aid, including legal, medical, or psychological counseling, to members of the Armed Forces and their family members and partners who are experiencing domestic violence, family violence, sexual assault, or stalking; andCommentsClose CommentsPermalink





(4) if needed, the entity awarded the contract will have staff with fluency in languages other then English or access to translators.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements of this section.CommentsClose CommentsPermalink





(2) CONSIDERATION OF BEST PRACTICES- In considering applications submitted pursuant to paragraph (1), the Secretary shall consult with existing providers of shelter services t determine best practices.CommentsClose CommentsPermalink





(d) Duration of Awards- A contract awarded under this section shall be awarded for a period of three fiscal years. Such a contract may be renewed.CommentsClose CommentsPermalink





(e) Confidentiality- The Secretary shall include in a contract under this section confidentiality provisions based on the provisions of section 1816(a) of title 10, United States Code, as added by section 111.CommentsClose CommentsPermalink





(f) Reports- An entity awarded a contract under this section shall submit to the Secretary every six months a report that describes, at a minimum--CommentsClose CommentsPermalink





(1) how the funds under the contract were used;CommentsClose CommentsPermalink





(2) the extent to which military personnel, families, and partners were served; andCommentsClose CommentsPermalink





(3) the adequacy of staff training and services to ensure that needs of members of the Armed Forces and their family members and partners.CommentsClose CommentsPermalink

Subtitle D--Victim's Rights and Restitution

SEC. 231. MILITARY LAW ENFORCEMENT AND VICTIMS' RIGHTS.

(a) Victims Rights- After an allegation of a domestic violence, sexual assault, family violence, or stalking offense that is reported to, or investigated by military law enforcement agency, the victim (or alleged victim) shall have the following rights:CommentsClose CommentsPermalink





(1) Victims' rights set out under section 502(b) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10606(b)).CommentsClose CommentsPermalink





(2) The right to be informed of the availability of crisis intervention services and resources and medical services and, when applicable, that medical services arising out of the need to secure evidence may be reimbursed.CommentsClose CommentsPermalink





(3) The right to be informed of legal procedures and resources available for the protection of the victim, including military no contact orders and protection orders, the provisions of section 1561a of title 10, United States Code, and the full faith and credit provisions of the Violence Against Women Act as defined by section 2265 of title 18, United States Code.CommentsClose CommentsPermalink





(4) The right to be informed of names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter, and support services.CommentsClose CommentsPermalink





(5) The right to be informed of the military law enforcement agency report number for the case, if available, other identifying information, and the following statement: `If within 30 days you are not notified of an arrest in your case, you may call (the military law enforcement agency's telephone number) for information on the status of your case.'.CommentsClose CommentsPermalink





(6) The right to be notified by military law enforcement authorities of the arrest of the suspect, if the suspect is arrested, regardless of whether the suspect is an adult or a juvenile.CommentsClose CommentsPermalink





(7) The right to be to informed, in a case in which the suspect is an adult and has been arrested, of the suspect's release, of the scheduled time, place, and date for initial court appearances of the suspect, and of the victim's right to be heard.CommentsClose CommentsPermalink





(b) Notice of Rights To Be Provided- As soon after an allegation of a domestic violence, sexual assault, family violence, or stalking offense as possible without interfering with an investigation or arrest, a representative of the military law enforcement agency that has responsibility for investigating the offense shall provide the victim with a multicopy form that includes the following:CommentsClose CommentsPermalink





(1) A form for the victim to request or waive applicable rights to information to which the victim is entitled, on request, under this section.CommentsClose CommentsPermalink





(2) A means for the victim to designate a lawful representative selected by the victim.CommentsClose CommentsPermalink





(3) Notice to the victim of the following:CommentsClose CommentsPermalink





(A) Victims' rights under section 502(b) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10606(b)).CommentsClose CommentsPermalink





(B) The availability of crisis intervention services and resources and medical services and, when applicable, that medical services arising out of the need to secure evidence may be reimbursed.CommentsClose CommentsPermalink





(C) The legal procedures and resources available for the protection of the victim, including military no contact orders and protection orders, the provisions of section 1561a of title 10, United States Code, and the full faith and credit provisions of the Violence Against Women Act as defined by section 2265 of title 18, United States Code.CommentsClose CommentsPermalink





(D) The names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter, and support services.CommentsClose CommentsPermalink





(E) The military law enforcement agency report number for the case, if available, other identifying information, and the following statement: `If within 30 days you are not notified of an arrest in your case, you may call (the military law enforcement agency's telephone number) for information on the status of your case.'.CommentsClose CommentsPermalink





(F) Regardless of whether the suspect is an adult or a juvenile, a statement that the victim will be notified by military law enforcement authorities of the arrest of the suspect, if the suspect is arrested.CommentsClose CommentsPermalink





(G) If the suspect is an adult and has been arrested, a statement that the victim will be informed of the suspect's release, of the scheduled time, place, and date for initial court appearances of the suspect and of the victim's right to be heard, and that to exercise those rights, the victim may contact the custodial agency regarding the suspect's status or contact the command regarding any changes.CommentsClose CommentsPermalink





(c) Effect of Emotional Status of Victim- If at the time of contact with a military law enforcement agency representative under subsection (a), a victim is emotionally unable to request or to waive applicable rights, the military law enforcement agency representative shall so designate that on the multicopy form and any entity that is subsequently involved in the case shall presume that the victim invoked the applicable rights to which the victim is entitled and, on request, the victim may later waive those rights.CommentsClose CommentsPermalink

SEC. 232. AVAILABILITY OF INCIDENT REPORTS.

(a) Applicability- A military law enforcement agency shall provide, without charge, to a victim of domestic violence, sexual assault, family violence, or stalking (or to the representative of such a victim, if the victim is deceased) a copy of the incident report in the case, a copy of the incident report summary (referred to as a `face sheet'), or both, in accordance with subsection (b).CommentsClose CommentsPermalink





(b) Time for Availability-CommentsClose CommentsPermalink





(1) SUMMARIES- A copy of an incident report summary shall be made available during regular business hours to a victim or the victim's representative no later than 48 hours after being requested by the victim or the victim's representative, unless the military law enforcement agency informs the victim or representative of the reasons why the summary is not available, in which case the summary shall be made available to the victim or representative no later than five working days after the request is made.CommentsClose CommentsPermalink





(2) INCIDENT REPORTS- A copy of the incident report shall be made available during regular business hours to a victim or the victim's representative no later than five working days after being requested by a victim or representative, unless the military law enforcement agency informs the victim or representative of the reasons why the incident report is not available, in which case the incident report shall be made available to the victim or representative no later than 10 working days after the request is made.CommentsClose CommentsPermalink





(c) Identification- An incident report and a summary of an incident report may be provided to any person under this section only upon presentation of identification satisfactory to the Secretary concerned.CommentsClose CommentsPermalink





(d) Time Duration- This section applies to requests for copies of incident reports and summaries of incident reports made within five years from the date of completion of the incident report.CommentsClose CommentsPermalink





(e) Victim's Representative Defined-CommentsClose CommentsPermalink





(1) For purposes of this section, the term `victim's representative' means, with respect to a victim who is deceased, the person who is listed first among the following:CommentsClose CommentsPermalink





(A) The surviving spouse.CommentsClose CommentsPermalink





(B) A surviving child of the decedent who has attained 18 years of age.CommentsClose CommentsPermalink





(C) A surviving parent of the decedent.CommentsClose CommentsPermalink





(D) A surviving adult relative.CommentsClose CommentsPermalink





(E) The public administrator appointed by a probate court, if one has been appointed.CommentsClose CommentsPermalink





(2) A victim's representative does not include any person who has been convicted of murder under State or Federal law or any person identified in the incident report as a suspect.CommentsClose CommentsPermalink

SEC. 233. VICTIM ADVOCATES AND VICTIMS' RIGHTS.

(a) In General- Any victim making an allegation of sexual assault, domestic violence, family violence, or stalking may have a victim advocate present at any interview of the victim conducted by any military law enforcement official.CommentsClose CommentsPermalink





(b) Support During Proceedings- In a military justice proceeding, a victim advocate, upon the request of the victim, shall be allowed to accompany the victim during the proceedings. The victim advocate shall be allowed to confer orally and in writing with the victim in a reasonable manner.CommentsClose CommentsPermalink

SEC. 234. RESTITUTION.

(a) In General- Chapter 80 of title 10, is amended by inserting after section 1561b, as added by section 301, the following new section:CommentsClose CommentsPermalink

`Sec. 1561c. Restitution

`(a) Restitution Required- In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority in a court-martial shall order restitution for any offense specified in section 920, 892(4), or 1561a of this title.CommentsClose CommentsPermalink





`(b) Scope and Nature of Order-CommentsClose CommentsPermalink





`(1) DIRECTIONS- An order of restitution under this section shall direct the person convicted to pay the victim the full amount of the victims' losses, as determined by the convening authority pursuant to paragraph (2).CommentsClose CommentsPermalink





`(2) ENFORCEMENT- An order of restitution under this section shall be issued and enforced in accordance with section 3664 of title 18 in the same manner as an order under section 3663A of that title.CommentsClose CommentsPermalink





`(c) Mandatory Order-CommentsClose CommentsPermalink





`(1) The issuance of a restitution order under this section is mandatory.CommentsClose CommentsPermalink





`(2) The convening authority may not decline to issue an order under this section because of--CommentsClose CommentsPermalink





`(A) the economic circumstances of the person convicted; orCommentsClose CommentsPermalink





`(B) the fact that a victim has received, or is entitled to receive, compensation for the victim's injuries from the proceeds of insurance, transitional compensation, veterans benefits, or any other source.CommentsClose CommentsPermalink





`(d) Definitions- In this section:CommentsClose CommentsPermalink





`(1) FULL AMOUNT OF THE VICTIM'S LOSSES- The term `full amount of the victim's losses' includes any costs incurred by the victim for--CommentsClose CommentsPermalink





`(A) medical services relating to physical, psychiatric, or psychological care;CommentsClose CommentsPermalink





`(B) physical and occupational therapy or rehabilitation;CommentsClose CommentsPermalink





`(C) necessary transportation, temporary housing, and child care expenses;CommentsClose CommentsPermalink





`(D) lost income;CommentsClose CommentsPermalink





`(E) attorney's fees, plus any costs incurred in obtaining a civil protective order; andCommentsClose CommentsPermalink





`(F) any other loss suffered by the victim as a proximate result of the offense or offenses.CommentsClose CommentsPermalink





`(2) VICTIM- The term `victim' means a person harmed as a result of a commission of a crime under this title, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, but in no event shall the accused be named as such a representative or guardian.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b, as added by section 301, the following new section:CommentsClose CommentsPermalink





`1561c. Restitution.'.CommentsClose CommentsPermalink

SEC. 235. RECORDS OF MILITARY JUSTICE ACTIONS.

(a) In General- Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article):CommentsClose CommentsPermalink

`Sec. 940a. Art. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation

`Whenever a member of the Armed Forces is discharged or dismissed from the Armed Forces or is released from active duty, the Secretary concerned shall transmit to the Director of the Federal Bureau of Investigation a copy of records of any disciplinary action against the member involving sexual misconduct during the period of the member's service in the Armed Forces that is taken under this chapter, including any nonjudicial punishment imposed under section 815 of this title (article 15).'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`940. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation.'.CommentsClose CommentsPermalink

SEC. 236. TECHNICAL AMENDMENTS RELATING TO FATALITY REVIEW PANELS.

(a) Army- Section 4061 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting `, through the Office of the Victims' Advocate,' after `Secretary of the Army'; andCommentsClose CommentsPermalink





(2) in subsection (c), by inserting `, in consultation with the Office of the Victims' Advocate,' after `Secretary of Defense'.CommentsClose CommentsPermalink





(b) Navy- Section 6036 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting `, through the Office of the Victims' Advocate,' after `Secretary of the Navy'; andCommentsClose CommentsPermalink





(2) in subsection (c), by inserting `, in consultation with the Office of the Victims' Advocate,' after `Secretary of Defense'.CommentsClose CommentsPermalink





(c) Air Force- Section 9061 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting `, through the Office of the Victims' Advocate,' after `Secretary of the Air Force'; andCommentsClose CommentsPermalink





(2) in subsection (c), by inserting `, in consultation with the Office of the Victims' Advocate,' after `Secretary of Defense'.CommentsClose CommentsPermalink

TITLE III--REPORTING, PROSECUTION, AND TREATMENT OF PERPETRATORS

Subtitle A--Reporting of Sexual Assault, Domestic Violence, and Stalking Within the Department of Defense

SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMESTIC VIOLENCE.

(a) In General- Chapter 80 of title 10, United States Code, is amended by inserting after section 1561a the following new section:CommentsClose CommentsPermalink

`Sec. 1561b. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers

`(a) Action on Complaints- (1) A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives a qualifying complaint shall carry out an investigation of the matter in accordance with this section.CommentsClose CommentsPermalink





`(2) In this section, the term `qualifying complaint' means a complaint--CommentsClose CommentsPermalink





`(A) that is from a victim, or from a member of the command, or a civilian employee under the supervision of the officer, or a victim advocate of the Department of Defense; andCommentsClose CommentsPermalink





`(B) that alleges sexual assault, domestic violence, family violence, or stalking by a member of the Armed Forces or a civilian employee of the Department of DefenseCommentsClose CommentsPermalink





`(b) Commencement of Investigation- To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall, within 72 hours after receipt of the complaint--CommentsClose CommentsPermalink





`(1) forward the complaint, or a detailed description of the allegation in the complaint, to the next superior officer in that officer's chain of command who is authorized to convene a general court-martial;CommentsClose CommentsPermalink





`(2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; andCommentsClose CommentsPermalink





`(3) advise the complainant of the commencement of the investigation.CommentsClose CommentsPermalink





`(c) Duration of Investigation- A commanding officer or officer in charge receiving a qualifying complaint shall ensure that the investigation of the complaint is completed within 90 days of the date on which the investigation is commenced or such longer period as may be approved by the Director of the Office of Victim Advocate.CommentsClose CommentsPermalink





`(d) Judge Advocate Report- To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced.CommentsClose CommentsPermalink





`(e) Report on Investigation- To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall--CommentsClose CommentsPermalink





`(1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; orCommentsClose CommentsPermalink





`(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.CommentsClose CommentsPermalink





`(f) Annual Reports to Service Secretaries- Not later than January 1 of each year, each officer receiving a qualifying complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints received during the preceding year and the investigations of those complaints (including the results of the investigations, in cases of investigations completed during the preceding year).CommentsClose CommentsPermalink





`(g) Annual Report to Secretary of Defense and Congress- (1) Not later than January 15 of each year, each Secretary of a military department receiving a report under subsection (g) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking.CommentsClose CommentsPermalink





`(2) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report. The Secretary shall transmit the report for any year not later than March 15 of the next year.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561a the following new item:CommentsClose CommentsPermalink





`1561b. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers.'.CommentsClose CommentsPermalink

SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OFFICIALS TO DOMESTIC VIOLENCE INCIDENTS.

(a) In General- Chapter 80 of title 10, United States Code, is amended by adding at the end the following new sections:CommentsClose CommentsPermalink

`Sec. 1567. Domestic violence: responsibilities of military law enforcement officers

`(a) Circumstances Requiring Arrest- A military law enforcement officer shall arrest and take into custody a person subject to arrest or apprehension by the officer if--CommentsClose CommentsPermalink





`(1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person's actions are the commission of a crime; andCommentsClose CommentsPermalink





`(2) any of the following circumstances is present:CommentsClose CommentsPermalink





`(A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely.CommentsClose CommentsPermalink





`(B) There is evidence of physical injury to the alleged victim.CommentsClose CommentsPermalink





`(C) The use of a deadly weapon or dangerous instrument is evident.CommentsClose CommentsPermalink





`(b) Domestic Violence- In this section, the term `domestic violence' means any of the following engaged in by a person against the person's spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common:CommentsClose CommentsPermalink





`(1) Infliction of physical pain, bodily injury, or illness or damage to property.CommentsClose CommentsPermalink





`(2) Intentional impairment of physical condition.CommentsClose CommentsPermalink





`(3) A threat of conduct that would cause bodily injury or damage to property.CommentsClose CommentsPermalink





`(c) Arresting Officer's Report- An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer's supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include--CommentsClose CommentsPermalink





`(1) a description of physical injuries observed, if any;CommentsClose CommentsPermalink





`(2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; andCommentsClose CommentsPermalink





`(3) a statement that a copy of legal rights and notices was given to the victim.CommentsClose CommentsPermalink





`(d) Law Enforcement Policies- (1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following:CommentsClose CommentsPermalink





`(A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime.CommentsClose CommentsPermalink





`(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, and any history of domestic violence between those persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker.CommentsClose CommentsPermalink





`(C) The decision of a military law enforcement officer as to whether or not to make an arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident.CommentsClose CommentsPermalink





`(D) A decision of a military law enforcement officer's decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment.CommentsClose CommentsPermalink





`(2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c). Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim's statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency's receipt of the report. The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident.CommentsClose CommentsPermalink





`(3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense. As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following:CommentsClose CommentsPermalink





`(A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers).CommentsClose CommentsPermalink





`(B) A copy of the following statement: `If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint. You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so. You also have the right to request a military no contact order containing the above provisions.'.CommentsClose CommentsPermalink





`(4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person's release.CommentsClose CommentsPermalink





`(5) In the development of policies under this subsection, the Secretary and shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents.CommentsClose CommentsPermalink





`(e) Domestic Violence Incident Reports- (1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report.CommentsClose CommentsPermalink





`(2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person's actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested. The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime.CommentsClose CommentsPermalink





`(3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the commander of the suspect and of the installation.CommentsClose CommentsPermalink





`(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense. The form shall include provision for the following information:CommentsClose CommentsPermalink





`(A) The relationship of the parties.CommentsClose CommentsPermalink





`(B) The sex of the parties.CommentsClose CommentsPermalink





`(C) The time and date of the incident.CommentsClose CommentsPermalink





`(D) The number of domestic violence calls investigated.CommentsClose CommentsPermalink





`(E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children.CommentsClose CommentsPermalink





`(F) The type and extent of the abuse.CommentsClose CommentsPermalink





`(G) The number and type of weapons involved.CommentsClose CommentsPermalink





`(H) The action taken by the law enforcement officer.CommentsClose CommentsPermalink





`(I) The existence of any prior court or military orders issued to the parties.CommentsClose CommentsPermalink





`(J) The number of domestic violence calls alleging a violation of a military no contact order or a protective order involving the parties.CommentsClose CommentsPermalink





`(K) The number of arrests involving the parties for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military protective order.CommentsClose CommentsPermalink





`(L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.CommentsClose CommentsPermalink





`(f) Contact Prohibitions- (1) Unless there is a waiver by the victim, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested--CommentsClose CommentsPermalink





`(A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; andCommentsClose CommentsPermalink





`(B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or commanders, to contact the alleged victim.CommentsClose CommentsPermalink





`(2) Unless there is a waiver by the victim under paragraph (1), a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgment on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody.CommentsClose CommentsPermalink





`(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver.CommentsClose CommentsPermalink





`(4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence.CommentsClose CommentsPermalink





`(g) Conditional Release- A person arrested and taken into custody for a domestic violence incident is eligible for conditional release. Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgment under subsection (f)(2).CommentsClose CommentsPermalink

`Sec. 1568. Domestic violence: prosecution policies

`The Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses under the military justice system. Those policies shall include the following:CommentsClose CommentsPermalink





`(1) A policy that a recommendation of a judge advocate that a domestic violence incident not be prosecuted should not be based--CommentsClose CommentsPermalink





`(A) solely upon the absence of visible indications of injury;CommentsClose CommentsPermalink





`(B) consent of the victim;CommentsClose CommentsPermalink





`(C) consideration of the relationship of the parties; orCommentsClose CommentsPermalink





`(D) the character, rank, rate, or quality of service of members of the Armed Forces, officers or employees.CommentsClose CommentsPermalink





`(2) A policy that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.CommentsClose CommentsPermalink

`Sec. 1569. Domestic violence: annual reports

`(a) Reports to Secretaries of the Military Departments- Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence during any year shall submit to the Secretary of the military department concerned a report of all such allegations received during the year, together with such information as the Secretary may require, including the following:CommentsClose CommentsPermalink





`(1) The number of arrests for domestic violence incidents in that judge advocate's command, compiled and furnished by military law enforcement and military criminal investigators.CommentsClose CommentsPermalink





`(2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents.CommentsClose CommentsPermalink





`(3) A listing of the number of arrests, prosecutions, and convictions under paragraphs (1) and (2) shall include categories by statutory reference of offenses under chapter 47 of this title (the Uniform Code of Military Justice) and include totals for all categories.CommentsClose CommentsPermalink





`(b) Reports to the Secretary of Defense- Not later than January 1 of each year, the Secretaries of the military departments shall submit to the Secretary of Defense a report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the Armed Forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year.CommentsClose CommentsPermalink





`(c) Reports to Congress- Not later than January 15 of each year, the Secretary of Defense shall submit to Congress a report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the Armed Forces and officers and employees of the Department of Defense during the preceding year.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new items:CommentsClose CommentsPermalink





`1567. Domestic violence: responsibilities of military law enforcement officials.CommentsClose CommentsPermalink





`1568. Domestic violence: prosecution policies.CommentsClose CommentsPermalink





`1569. Domestic violence: annual reports.'.CommentsClose CommentsPermalink





(c) Deadline- The Secretary of Defense shall prescribe in regulations the procedures to carry out sections 1567 through 1569 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(d) Conforming Repeal-CommentsClose CommentsPermalink





(1) REPEAL- Section 1058 of title 10, United States Code, is repealed.CommentsClose CommentsPermalink





(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1058.CommentsClose CommentsPermalink

SEC. 303. INVESTIGATION OF SEXUAL AND DOMESTIC VIOLENCE CASES INVOLVING DEPARTMENT OF DEFENSE PERSONNEL.

(a) Establishment- Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 144. Director of Special Investigations

`(a) Appointment- There is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among persons who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





`(b) Senior Executive Service Position- The position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5.CommentsClose CommentsPermalink





`(c) Duties- Subject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe.CommentsClose CommentsPermalink





`(d) Direct Investigations- The Director shall review an investigation of an allegation of sexual misconduct, sexual assault, family violence, stalking, or domestic violence--CommentsClose CommentsPermalink





`(1) if requested--CommentsClose CommentsPermalink





`(A) by the director of the Office of Veterans Affairs;CommentsClose CommentsPermalink





`(B) by an investigative organization of the Department of Defense or one of the military departments; orCommentsClose CommentsPermalink





`(i) by a commander of a member of the Armed Forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; orCommentsClose CommentsPermalink





`(2) in any case that the Secretary directs the Director to investigate.CommentsClose CommentsPermalink





`(e) Oversight and Quality Control of Other Investigations- (1) The Director shall review the status of an investigation that is referred under subsection (d).CommentsClose CommentsPermalink





`(2) In carrying out paragraph (1), the Director may review the records of the investigation and observe the conduct of the ongoing investigation.CommentsClose CommentsPermalink





`(3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, an evaluation of each investigator and the investigative organization involved in the investigation, and a recommendation for the future conduct of the investigation.CommentsClose CommentsPermalink





`(f) Powers- In the performance of the duties set forth or authorized in this section, the Director shall have the following powers:CommentsClose CommentsPermalink





`(1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director.CommentsClose CommentsPermalink





`(2) To request such information or assistance as may be necessary for carrying out the Director's duties from any Federal, State, or local governmental agency or unit thereof.CommentsClose CommentsPermalink





`(3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director's duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.CommentsClose CommentsPermalink





`(4) To serve subpoenas, summons, and any judicial process related to the review of an investigation.CommentsClose CommentsPermalink





`(5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the review of an investigation.CommentsClose CommentsPermalink





`(6) To obtain for the victim in the case under review in the investigation from any military command a military protection order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim.CommentsClose CommentsPermalink





`(7) To refer to a victim advocate for assistance in obtaining services for any victim in the case under review.CommentsClose CommentsPermalink





`(8) To request the appropriate commander to take action to relocate the victim during an investigation in order to ensure the safety of a victim.CommentsClose CommentsPermalink





`(g) Referrals for Prosecution- (1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to an appropriate commander for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action.CommentsClose CommentsPermalink





`(2) The Director shall report each such referral to the Secretary of Defense.CommentsClose CommentsPermalink





`(h) Staff- The Director shall have access to--CommentsClose CommentsPermalink





`(1) investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking;CommentsClose CommentsPermalink





`(2) attorneys sufficient to provide the Director, the criminal investigators, and the Director's other staff personnel with legal counsel necessary for the performance of the duties of the Director; andCommentsClose CommentsPermalink





`(3) such other staff as is necessary for the performance of the Director's duties.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`144. Director of Special Investigations.'.CommentsClose CommentsPermalink

Subtitle B--Crimes Related to Sexual Assault and Domestic Violence

CHAPTER 1--FEDERAL CRIMINAL CODE

SEC. 311. ASSIMILATIVE CRIMES.

Section 13 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) For purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district for conduct that constitutes a sexual assault, sexual abuse, sexual battery, rape, stalking, domestic violence, or family violence offense of the jurisdiction shall be considered to be punishment provided by the law of that jurisdiction.'.CommentsClose CommentsPermalink

SEC. 312. JURISDICTION FOR SEXUAL ASSAULT AND DOMESTIC VIOLENCE OFFENSES COMMITTED OUTSIDE THE UNITED STATES.

(a) Extraterritorial Jurisdiction- Section 3261(a) of title 18, United States Code, is amended by inserting `or constitutes a sexual assault, sexual misconduct, domestic violence, stalking, or family violence offense' after `year'.CommentsClose CommentsPermalink





(b) Definitions- Section 3267 of such title is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(5) The term `domestic violence' has the meaning given such term in section 2007(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1)).CommentsClose CommentsPermalink





`(6) The term `sexual assault' has the meaning given such term in section 2007(6) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(6)).CommentsClose CommentsPermalink





`(7) The term `sexual misconduct' includes--CommentsClose CommentsPermalink





`(A) sexual harassment, entailing any conduct involving sexual harassment that in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member;CommentsClose CommentsPermalink





`(B) sexual abuse;CommentsClose CommentsPermalink





`(C) sexual assault;CommentsClose CommentsPermalink





`(D) sexual battery; andCommentsClose CommentsPermalink





`(E) rape.CommentsClose CommentsPermalink





`(8) STALKING- The term `stalking' means engaging in a course of conduct as proscribed in chapter 110A directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when--CommentsClose CommentsPermalink





`(A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; andCommentsClose CommentsPermalink





`(B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family.'.CommentsClose CommentsPermalink

SEC. 313. TRAVEL AND TRANSPORTATION.

Section 406(h) of title 37, United States Code, is amended by striking `only if a written agreement of the member,'.CommentsClose CommentsPermalink

CHAPTER 2--UNIFORM CODE OF MILITARY JUSTICE

SEC. 316. DOMESTIC VIOLENCE AND FAMILY VIOLENCE.

(a) Assault- Section 928(b) of title 10, United States Code (article 128(b) of the Uniform Code of Military Justice), is amended--CommentsClose CommentsPermalink





(1) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink





(2) by inserting `or' at the end of paragraph (2); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





`(3) commits an assault involving domestic violence or family violence;'.CommentsClose CommentsPermalink





(b) Assault Involving Domestic Violence or Family Violence Defined- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(c) In this section, the term `assault involving domestic violence or family violence' means--CommentsClose CommentsPermalink





`(1) an assault--CommentsClose CommentsPermalink





`(A) with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or family member, or any other person related by consanguinity or affinity;CommentsClose CommentsPermalink





`(B) in which the accused intentionally inflicts bodily harm with or without a weapon upon a spouse, former spouse, intimate partner, or family member, or any other person related by consanguinity or affinity; orCommentsClose CommentsPermalink





`(C) in which the accused places a person in reasonable fear of imminent bodily injury to that person or to another person;CommentsClose CommentsPermalink





`(2) a sexual assault; orCommentsClose CommentsPermalink





`(3) any conduct in which the accused--CommentsClose CommentsPermalink





`(A) places a person in reasonable fear of imminent bodily injury to that person or to another;CommentsClose CommentsPermalink





`(B) harasses or intimidates a spouse, intimate partner, or family member or person related by consanguinity or affinity, in the course of or as a result of which the accused commits a crime of violence against the spouse, intimate partner, or family member or person related by consanguinity or affinity; orCommentsClose CommentsPermalink





`(C) uses force, coercion, duress, or fraud to facilitate, commit, or attempt to commit a crime of violence against a spouse, former spouse, intimate partner, or family member.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act.CommentsClose CommentsPermalink





(d) Interim Maximum Punishments- Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under subsection (b)(3) of section 928 of such title (article 128 of the Uniform Code of Military Justice) may not exceed the following limits:CommentsClose CommentsPermalink





(1) For an assault involving domestic violence or family violence if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole.CommentsClose CommentsPermalink





(2) For an assault involving domestic violence or family violence if permanent disfigurement or life threatening bodily injury to the victim results, such punishment may be twice that as provided including dishonorable discharge, forfeiture of pay and allowances, and confinement for 30 years.CommentsClose CommentsPermalink





(3) For an assault involving domestic violence or family violence if serious bodily injury to the victim results or if the accused uses a dangerous weapon, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.CommentsClose CommentsPermalink





(4) For an assault involving domestic violence or family violence, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.CommentsClose CommentsPermalink

SEC. 317. PROTECTIVE ORDERS.

(a) Enforcement of Protective Orders- Section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice), is amended--CommentsClose CommentsPermalink





(1) by inserting `(a)' before `Any person';CommentsClose CommentsPermalink





(2) by striking `or' at the end of paragraph (2);CommentsClose CommentsPermalink





(3) by inserting `or' at the end of paragraph (3);CommentsClose CommentsPermalink





(4) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink





`(4) violates or fails to obey a no contact order or protective order;'; andCommentsClose CommentsPermalink





(5) by adding at the end of such section the following new subsection:CommentsClose CommentsPermalink





`(b) In this section, the term `no contact order or protective order' includes--CommentsClose CommentsPermalink





`(1) a no contact order issued by a command or supervisor to a member to safeguard a spouse, former spouse, intimate partner, or family member of a member;CommentsClose CommentsPermalink





`(2) a protection order as defined in section 2266(5) of title 18; andCommentsClose CommentsPermalink





`(3) a protective order as defined in section 1561a of this title.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle C--Treatment Services for Perpetrators

SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR TREATMENT SERVICES FOR PERPETRATORS.

(a) Contracts Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense, acting through the Undersecretary of Defense for Personnel and Readiness, may enter into contracts with eligible entities for the provision of treatment services, including a batterers program, for members of the Armed Forces who have been assessed to have committed domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





(2) DEFINITIONS- In this section:CommentsClose CommentsPermalink





(A) ELIGIBLE ENTITIES- The term `eligible entity' means a public or private, nonprofit or nongovernmental entity the primary purpose of which is to provide treatment services to perpetrators of domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink





(B) BATTERERS PROGRAM- The term `batterers program' means a program approved or certified by a State that is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services and the goal of which is to help perpetrators end abusive behaviors.CommentsClose CommentsPermalink





(b) Terms of Contract- A contract awarded under this section shall provide that the entity awarded the contract--CommentsClose CommentsPermalink





(1) may provide for collaboration with existing services in the civilian community for the provision of appropriate treatment services;CommentsClose CommentsPermalink





(2) when appropriate treatment services are not available in the civilian community or are not accessible, may provide such services on military installations;CommentsClose CommentsPermalink





(3) shall not, under the contract, provide couple counseling or mediation, but may provide referrals for such counseling or mediation upon successful completion of a certified batterers program and at the request of the victim.CommentsClose CommentsPermalink





(c) Terms of Batterers Program- The Secretary shall ensure that the batterers program shall have policies regarding--CommentsClose CommentsPermalink





(1) referrals for those for whom a batterers program is not appropriate;CommentsClose CommentsPermalink





(2) suicide and homicide threats by clients; andCommentsClose CommentsPermalink





(3) confidentiality, in accordance with standards prescribed by the Secretary.CommentsClose CommentsPermalink





(d) Application- An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements specified in this section.CommentsClose CommentsPermalink





(e) Treatment Standards- The treatment program under the batterers program must meet the following standards:CommentsClose CommentsPermalink





(1) All treatment shall be based upon a full, complete clinical assessment, including--CommentsClose CommentsPermalink





(A) current and past violence history relating to domestic violence, family violence, sexual assault, or stalking;CommentsClose CommentsPermalink





(B) a complete diagnostic evaluation;CommentsClose CommentsPermalink





(C) a substance abuse assessment; andCommentsClose CommentsPermalink





(D) criminal history.CommentsClose CommentsPermalink





(2) All treatment shall be based on a treatment plan that adequately and appropriately addresses treatment needs of the individual.CommentsClose CommentsPermalink





(3) The program shall require the perpetrator to review the following notices:CommentsClose CommentsPermalink





(A) A notice that the program will inform the victim and victims' advocate that the perpetrator is in treatment.CommentsClose CommentsPermalink





(B) A notice that prior and current treatment agencies will provide information on the perpetrator to the program.CommentsClose CommentsPermalink





(C) A notice that the program will provide relevant information on the perpetrator to relevant legal and military entities.CommentsClose CommentsPermalink





(4) Treatment of a perpetrator must be for a minimum treatment period established by the Secretary by regulation.CommentsClose CommentsPermalink





(5) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by the Secretary, and not just upon the end of a certain period of time or attendance of the perpetrator at a certain number of sessions.CommentsClose CommentsPermalink





(6) The program shall have a policy and procedures for dealing with recidivism.CommentsClose CommentsPermalink





(7) The program shall have a policy and procedures for dealing with noncompliance.CommentsClose CommentsPermalink





(8) All evaluation and treatment services shall be provided by, and under the supervision of, qualified personnel.CommentsClose CommentsPermalink





(f) Duration of Contracts- A contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed.CommentsClose CommentsPermalink





(g) Reports- An entity awarded a contract under this section shall submit to the Secretary every six months a report that describes, at a minimum--CommentsClose CommentsPermalink





(1) how the funds under the contract were used;CommentsClose CommentsPermalink





(2) the extent to which military personnel were served;CommentsClose CommentsPermalink





(3) the adequacy of staff training and services;CommentsClose CommentsPermalink





(4) the existence of barriers to the provision of services;CommentsClose CommentsPermalink





(5) pertinent and appropriate factors concerning perpetrators in the program, including age, education, income, marital status, number of children and their ages, any substance abuse, and personal history of family violence;CommentsClose CommentsPermalink





(6) the total number of persons referred to the program, and the referral source;CommentsClose CommentsPermalink





(7) total number of persons determined to be inappropriate for services and reasons therefor; andCommentsClose CommentsPermalink





(8) the number of persons participating in the program, the number completing the program, the number failing to complete the program, and reasons therefor.CommentsClose CommentsPermalink

SEC. 322. SEX OFFENDER TREATMENT PROGRAM.

(a) Definition- In this section, the term `sex offender treatment program' means a program approved or certified by a State that is operated by a public or nonprofit organization for the purpose of providing treatment services for sex offenders.CommentsClose CommentsPermalink





(b) Terms of Contract- A contract awarded under this section shall provide that the sex offender treatment program awarded the contract--CommentsClose CommentsPermalink





(1) may provide for collaboration with existing services in the civilian community for the provision of appropriate treatment services;CommentsClose CommentsPermalink





(2) when appropriate treatment services are not available in the civilian community or are not accessible, may provide such services on military installations.CommentsClose CommentsPermalink





(c) Qualified Treatment Providers- The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness shall ensure that the providers of sex offender treatment in the contracted program meet the licensing or certification standards of the State in which services are provided. The treatment providers shall--CommentsClose CommentsPermalink





(1) have education, training and experience in the evaluation, treatment and management of individuals who sexually offend;CommentsClose CommentsPermalink





(2) possess a graduate degree and possess a minimum of 2000 hours of clinical assessment and treatment of sexual abusers and obtain annual continuing education in the field of sexual abuse; andCommentsClose CommentsPermalink





(3) adhere to the professional conduct code of their clinical profession.CommentsClose CommentsPermalink





(d) Treatment Standards- The sex offender treatment program for contracted sex offender treatment shall--CommentsClose CommentsPermalink





(1) utilize psychosexual evaluations--CommentsClose CommentsPermalink





(A) to determine an offender's risk to reoffend;CommentsClose CommentsPermalink





(B) to identify dynamic risk factors; andCommentsClose CommentsPermalink





(C) to develop appropriate treatment and supervision plans;CommentsClose CommentsPermalink





(2) provide interventions that are--CommentsClose CommentsPermalink





(A) designed to assist the offender to manage thoughts, feelings, attitudes, and behaviors associated with their risk to reoffend;CommentsClose CommentsPermalink





(B) utilize recognized treatment modalities that are considered most effective in reducing rates of reoffense; andCommentsClose CommentsPermalink





(C) manage offenders in the community utilizing a risk management team approach.CommentsClose CommentsPermalink

TITLE IV--COUNSELING AND TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS

SEC. 401. RESEARCH ON BEST PRACTICES TO OVERCOME STIGMA RELATED TO MILITARY SEXUAL TRAUMA.

It is the sense of Congress that the Secretary of Veterans Affairs, in cooperation with Secretary of Defense, should conduct research into best practices that allow veterans who have been victims of sexual assault while in the Armed Forces to overcome stigma in order to report the crime, seek treatment, and recover.CommentsClose CommentsPermalink

SEC. 402. TRAINING FOR DEPARTMENT OF VETERANS AFFAIRS PRIMARY CARE PROVIDERS.

(a) Training Required- The Secretary of Veterans Affairs shall ensure that all primary care providers who are employed by the Department of Veterans Affairs (or who treat veterans for the Department on a fee or contract basis) receive training in (1) effective screening methods for identifying veterans who have suffered from military sexual trauma, and (2) the process for referring for appropriate treatment and services veterans who are so identified. For those providers who are so employed as of the date of the enactment of this Act and who have not previously received such training, such training shall be completed not later than the end of the one-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Elements of Training- The training under subsection (a) shall require that all primary care providers to be able to do the following:CommentsClose CommentsPermalink





(1) Describe the Department of Veterans Affairs mandate and the prevalence of military sexual trauma.CommentsClose CommentsPermalink





(2) Describe the relevance of military sexual trauma to Department of Veterans Affairs clinicians.CommentsClose CommentsPermalink





(3) Identify the health correlates of sexual trauma.CommentsClose CommentsPermalink





(4) Explain the effective screening methods for military sexual trauma.CommentsClose CommentsPermalink





(5) List the steps to be taken by a clinician when responding to disclosure of military sexual trauma.CommentsClose CommentsPermalink





(6) Explain the referral process of a patient who experienced military sexual trauma to mental health and social services.CommentsClose CommentsPermalink





(7) Describe the mental health treatment for military sexual trauma.CommentsClose CommentsPermalink





(8) Describe the documentation requirements for military sexual trauma treatment and compensation.CommentsClose CommentsPermalink





(9) Explain the compensation issues associated with military sexual trauma.CommentsClose CommentsPermalink





(10) Describe the complex patient-provider relationship issues associated with military sexual trauma.CommentsClose CommentsPermalink





(11) Identify the risk factors that could cause post-traumatic stress disorder flares in military sexual trauma survivors.CommentsClose CommentsPermalink





(12) Define revictimization.CommentsClose CommentsPermalink





(13) Assess intimate partner violence.CommentsClose CommentsPermalink





(14) Describe treatment of acute sexual trauma victims.CommentsClose CommentsPermalink





(15) Recognize how clinicians can care for themselves and avoid burnout.CommentsClose CommentsPermalink

SEC. 403. PILOT PROGRAM ON WAYS TO IDENTIFY VETERANS WHO ARE VICTIMS OF MILITARY SEXUAL TRAUMA.

(a) Pilot Program- The Secretary of Veterans Affairs shall conduct a pilot program to identify effective ways of screening and referral processes for primary care providers to identify veterans who are victims of military sexual trauma.CommentsClose CommentsPermalink





(b) Duration- The pilot program under this section shall be commenced not later than six months after the date of the enactment of this Act and shall be conducted for a period of three years.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of the completion of the pilot program under this section, the Secretary shall submit to the Committees on Armed Services and on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's evaluation of the pilot program.CommentsClose CommentsPermalink

SEC. 404. PILOT PROGRAM ON TREATMENT OF ACTIVE-DUTY MILITARY PERSONNEL THROUGH FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Pilot Program- The Secretary of Veterans Affairs shall conduct a pilot program with the Secretary of Defense under which active-duty military personnel who are victims of military sexual trauma may be provided confidential treatment for such trauma through facilities of the Department of Veterans Affairs. The pilot program shall be carried out pursuant to a memorandum of agreement between the two Secretaries.CommentsClose CommentsPermalink





(b) Duration- The pilot program under this section shall be commenced not later than six months after the date of the enactment of this Act and shall be conducted for a period of three years.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of the completion of the pilot program under this section, the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's evaluation of the pilot program.CommentsClose CommentsPermalink

TITLE V--OTHER MATTERS

Subtitle A--Administration Matters

SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS.

The Secretary of Defense and the Secretary of the military department concerned may not approve for presentation of a financial award for performance of work or duties, and may not approve for promotion, an officer or employee of the Department of Defense or a member of the Armed Forces who--CommentsClose CommentsPermalink





(1) has been convicted of a criminal offense involving domestic violence, family violence, sexual assault, or stalking; orCommentsClose CommentsPermalink





(2) has received any other disciplinary action or adverse personnel action on the basis of having engaged in domestic violence, family violence, sexual assault, or stalking.CommentsClose CommentsPermalink

SEC. 502. CLOSURE OF ARTICLE 32 INVESTIGATIONS IN CASES OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE.

Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(f) In an investigation under this article that includes a charge or specification (or an uncharged offense included in the investigation pursuant to subsection (d)) of sexual assault or domestic violence, the investigating officer shall give particular consideration to closing the investigation to the public.'.CommentsClose CommentsPermalink

Subtitle B--Enhancement of Armed Forces Domestic Security Act

SEC. 511. AMENDMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT.

(a) Exception to Authority To Order Stays in Civil Proceedings- Section 202(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(b)(1)) is amended by inserting `, except in the case of an order of protection or restraining order,' after `proceeding'.CommentsClose CommentsPermalink





(b) Change in References From `Dependents' to `Family Members'-CommentsClose CommentsPermalink





(1) Section 101(4) of such Act (50 U.S.C. App. 511(4)) is amended--CommentsClose CommentsPermalink





(A) in the heading, by striking `DEPENDENT' and inserting `Family Member'; andCommentsClose CommentsPermalink





(B) by striking `dependent' and inserting `family member'.CommentsClose CommentsPermalink





(2) Such Act is further amended by striking `dependent' and `dependents' each place they appear and inserting `family member' and `family members', respectively.CommentsClose CommentsPermalink





(3)(A) The heading for section 308 of such Act (50 U.S.C. App. 538) is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 308. Extension of protections to family members.'.

(B) The item relating to such section in the table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended to conform to the amendment made by subparagraph (A).CommentsClose CommentsPermalink

Subtitle C--Research on Prevalence, Needs Assessment, Services, and Accountability

SEC. 521. RESEARCH ON SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND FAMILY VIOLENCE IN THE ARMED FORCES.

(a) In General- The Secretary of Defense, in conjunction with the Attorney General, shall carry out a comprehensive research study on the prevalence and nature of sexual assault, domestic violence, and family violence in the Armed Forces. To the extent that incidents of sexual assault are also incidents of domestic violence or family violence, research activities for the purpose of the study under this section can be conducted simultaneously and in collaboration. The research study shall include the identification of--CommentsClose CommentsPermalink





(1) the common characteristics (if any) of victims of sexual assault, domestic violence, and family violence;CommentsClose CommentsPermalink





(2) the common characteristics (if any) of perpetrators of sexual assault, domestic violence, and family violence;CommentsClose CommentsPermalink





(3) the situations and environments in which sexual assault, domestic violence, and family violence occur; andCommentsClose CommentsPermalink





(4) the affect of deployments, duty stations, combat service, and veteran and active duty status on sexual assault, domestic violence, and family violence.CommentsClose CommentsPermalink





(b) Categorization of Data- The research study under this section shall be conducted with statistically significant random samples of men and women who are actively serving in each of the Armed Forces. The selection shall include enough men and women so that the data collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and length of service in the Armed Forces.CommentsClose CommentsPermalink





(c) Protection of Human Subjects- The Secretary shall ensure the confidentiality of each survey participant.CommentsClose CommentsPermalink





(d) Data Analysis and Reporting- Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of sexual assault, family violence, and domestic violence within the Armed Forces.CommentsClose CommentsPermalink





(e) Report- Not later than 36 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:CommentsClose CommentsPermalink





(1) The incidence and prevalence of sexual assault, family violence, and domestic violence involving members of the Armed Forces.CommentsClose CommentsPermalink





(2) The number of legal, judicial, nonjudicial, and rehabilitative responses to sexual assault and domestic violence, disaggregated by service.CommentsClose CommentsPermalink





(3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.CommentsClose CommentsPermalink





(4) A review of the availability and accessibility of the prevention and intervention programs available to members of the Armed Forces and their families and partners and the effectiveness of those programs at increasing victim safety.CommentsClose CommentsPermalink





(5) Recommendations for improvements to Department of Defense procedures and programs to prevent and intervene in cases of sexual assault, family violence, and domestic violence involving members of the Armed Forces.CommentsClose CommentsPermalink

SEC. 522. RESEARCH ON INSTITUTIONAL PROCEDURES FOR REPORTING SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND FAMILY VIOLENCE IN THE ARMED FORCES.

(a) Study Required- The Secretary of Defense shall provide for a study to examine procedures undertaken after a military official receives a report of an incident of sexual assault, domestic violence, or family violence. The study shall be undertaken in consultation with the Attorney General.CommentsClose CommentsPermalink





(b) Matters To Be Included- The study under subsection (a) shall include an analysis of the following:CommentsClose CommentsPermalink





(1) The adequacy of the publication of the definition applicable to the Armed Forces of each of the following terms: sexual assault, domestic violence, and family violence.CommentsClose CommentsPermalink





(2) The publication of the Armed Forces policy for sexual assault, domestic violence, and family violence.CommentsClose CommentsPermalink





(3) The individuals to whom reports of sexual assault, domestic violence, and family violence are given most often and--CommentsClose CommentsPermalink





(A) how those individuals are trained to respond to such reports; andCommentsClose CommentsPermalink





(B) the extent to which those individuals are trained.CommentsClose CommentsPermalink





(4) The reporting options that are presented to persons as available to them if the become a victim of sexual assault, domestic violence, and family violence, both as to--CommentsClose CommentsPermalink





(A) reporting and procedure options on military installation; andCommentsClose CommentsPermalink





(B) reporting and procedure options outside of military installations.CommentsClose CommentsPermalink





(5) The resources available for victims' safety, support, medical health, and confidentiality.CommentsClose CommentsPermalink





(6) Policies and practices that may prevent or discourage the report of sexual assaults, domestic violence, and family violence to local crime authorities or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of sexual assault, domestic violence, and family violence.CommentsClose CommentsPermalink





(7) Policies and procedures found successful in aiding the report, and any ensuing investigation or prosecution, of sexual assault, domestic violence, or family violence.CommentsClose CommentsPermalink





(c) Report to Congress- The Secretary shall submit to Congress a report on the study required by subsection (a) not later than one year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 523. RESEARCH ON DATING VIOLENCE ASSOCIATED WITH THE ARMED FORCES.

(a) Study Required- The Secretary of Defense shall carry out a comprehensive research study on the prevalence and nature of intimate partner violence in the Armed Forces, including dating violence and violence among former spouses or partners who are cohabiting with or have cohabited with members of the Armed Forces. The study shall be carried out in cooperation with the Attorney General.CommentsClose CommentsPermalink





(b) Matters To Be Included- The study under subsection (a) shall include the identification of the common characteristics of--CommentsClose CommentsPermalink





(1) both victims of intimate partner violence and perpetrators of intimate partner violence;CommentsClose CommentsPermalink





(2) the situations and environments in which intimate partner violence occurs; andCommentsClose CommentsPermalink





(3) the effect of deployments, duty stations, combat service, and veteran, reserve or active duty, or combat status.CommentsClose CommentsPermalink





(c) Categorization of Data- The study under subsection (a) shall be conducted with statistically significant random samples of men and women who are actively serving in each branch of the Armed Forces and family members. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and length of service in the Armed Forces.CommentsClose CommentsPermalink





(d) Confidentiality of Subjects- The Secretary shall ensure the confidentiality of each survey participant.CommentsClose CommentsPermalink





(e) Data Analysis and Reporting- Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of intimate violence within the Armed Forces, prevention, intervention and response, and needs of victims of intimate partner violence.CommentsClose CommentsPermalink





(f) Report- Not later than 36 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:CommentsClose CommentsPermalink





(1) The incidence and prevalence of intimate partner violence involving members of the Armed Forces.CommentsClose CommentsPermalink





(2) A discussion of the prevention and intervention available to intimate partners of members of the Armed Forces.CommentsClose CommentsPermalink





(3) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to intimate partner violence and how those responses vary across the services.CommentsClose CommentsPermalink





(4) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.CommentsClose CommentsPermalink





(5) A review of the availability and accessibility of the prevention and intervention programs available to victims who are members on active duty and victims who are civilians and the effectiveness of those programs at increasing victim safety.CommentsClose CommentsPermalink





(6) Recommendations for improvements to Department of Defense procedures and programs to prevent and intervene in cases of intimate partner violence.CommentsClose CommentsPermalink

SEC. 524. RESEARCH ON CHILD MALTREATMENT, ABUSE, AND HOMICIDE IN THE ARMED FORCES.

(a) Study Required- The Secretary of Defense shall carry out a comprehensive research study on the prevalence and nature of child maltreatment, abuse, suicide, and homicide in the Armed Forces. The study shall be carried out in cooperation with the Secretary of Health and Human Services. The study shall include the identification of the common characteristics of--CommentsClose CommentsPermalink





(1) both victims and perpetrators of child maltreatment, abuse, or homicide associated with the Armed Forces; andCommentsClose CommentsPermalink





(2) the situations and environments in which child maltreatment, abuse, suicide, or homicide occurs.CommentsClose CommentsPermalink





(b) Sampling Techniques- The research study under subsection (a) shall be conducted with statistically significant random samples. The selection shall include data collected across several broad subgroup categories, such as age, race, status, and rank in the Armed Forces.CommentsClose CommentsPermalink





(c) Confidentiality- The Secretary shall ensure the confidentiality of each survey participant.CommentsClose CommentsPermalink





(d) Data Analysis and Reporting- Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of child maltreatment, abuse, suicide, and homicide within the Armed Forces.CommentsClose CommentsPermalink





(e) Report- Not later than 24 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:CommentsClose CommentsPermalink





(1) The incidence and prevalence of child maltreatment, abuse, suicide, and homicide involving members of the Armed Forces.CommentsClose CommentsPermalink





(2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to child maltreatment, abuse, suicide, and homicide and how those responses vary across the services.CommentsClose CommentsPermalink





(3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.CommentsClose CommentsPermalink





(4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victims of child maltreatment, abuse, suicide, and homicide within the Armed Forces.CommentsClose CommentsPermalink





(5) Recommendations for a comprehensive strategy for prevention and intervention in cases of child maltreatment, abuse, suicide, and homicide.CommentsClose CommentsPermalink