Military Domestic and Sexual Violence Response Act - Establishes in the Department of Defense (DOD) an Office of the Victims' Advocate to facilitate access to services for victims of domestic or family violence, sexual assault, and stalking in the military. Directs the Secretary of Defense to require DOD policies for victim assistance, family advocacy, and equal opportunity programs to provide within each military department a victims' advocates program. Requires the Secretary to establish an interdisciplinary council to coordinate and oversee such programs and related DOD efforts.
Authorizes the Secretary to award contracts to: (1) support DOD crisis intervention services for victims of such violence; and (2) provide training to DOD on prevention of such violence.
Requires the Secretary to convene a national biannual conference to review policies for prevention of and response to such violence.
Prohibits any person from restricting a member of the Armed Forces in communicating with the Office or from taking or withholding a personnel action in retaliation for making such a communication.
Establishes as privileged, in cases arising under the Uniform Code of Military Justice, confidential communications between a client and a victim service organization or a health care professional.
Provides for: (1) employment of a sexual assault nurse examiner, a psychiatrist, and a complimentary clinical team at each DOD military treatment facility; and (2) DOD community level programs and shelter services for active duty members and their families who are victims of such violence shelter .
Specifies: (1) the rights of victims of such violence reported to a military law enforcement agency, including regarding notification; and (2) restitution requirements.
Directs a military commanding officer who receives a qualifying complaint alleging such violence to investigate the matter, require a judge advocate's report, and report on the investigation's results.
Specifies: (1) circumstances under which military law enforcement officers shall arrest a person for committing domestic violence; (2) policies regarding arrest procedures and prosecution of such offenses; and (3) domestic violence incident report requirements.
Establishes a Director of Special Investigations in DOD to review investigations of allegations of such violence and refer cases for prosecution.
Amends the Uniform Code of Military Justice to: (1) include as "aggravated assault" and specify penalty limits for an assault involving domestic or family violence; and (2) provide for court-martial punishment of violations of no contact or protective orders.
Authorizes the Secretary to enter into contracts for treatment services for members of the Armed Forces who have committed such violence.
Requires the Secretary of Veterans Affairs to: (1) ensure that Department of Veterans Affairs (VA) primary care providers receive training in the screening and referral for services of veterans who have suffered military sexual trauma; and (2) conduct pilot programs on such screening and referral and on providing confidential treatment for such trauma.
Prohibits the Secretary of the military department concerned from approving a financial award or a promotion for an officer or employee who has been convicted of or disciplined for committing such violence.
Directs the Secretary to conduct studies on: (1) the prevalence and nature of such violence, of intimate partner violence, and of child maltreatment, abuse, suicide, and homicide in the Armed Forces; and (2) military procedures after an incident is reported.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5212 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5212
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2006
Ms. Slaughter (for herself, Ms. Ginny Brown-Waite of Florida, Ms.
Roybal-Allard, Ms. Kilpatrick of Michigan, Mr. Delahunt, Mr. Conyers,
Ms. DeLauro, Mrs. Maloney, Ms. Loretta Sanchez of California, Mr.
Crowley, Mr. Honda, Ms. Lee, Mr. Moore of Kansas, Mr. Kucinich, Mr.
Rothman, Mr. Sanders, Mr. Wexler, Mrs. Jones of Ohio, Mr. Inslee, and
Mrs. Davis of California) 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
concerned
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Military Domestic
and Sexual Violence Response Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
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.
Subtitle B--Office of Victims' Advocate and Department of Defense
Interdisciplinary Council
Sec. 111. Office of the Victims' Advocate.
Sec. 112. Department of Defense Interdisciplinary Council.
Sec. 113. Conforming repeal.
Subtitle C--National and International Hotlines Awareness, Prevention,
and Intervention Campaign
Sec. 121. Awareness, prevention, and intervention campaign.
Subtitle D--Prevention and Intervention Training
Sec. 131. Prevention and intervention training contracts.
Subtitle E--Biennial Conference on Sexual Assault and Domestic Violence
Sec. 141. Establishment.
Sec. 142. Conference activities.
Sec. 143. Conference participants.
Subtitle F--Memorandums of Understanding With Civil Organizations
Sec. 151. Agreements with civilian organizations.
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.
Sec. 202. Victim service organization privilege and health care
professional privilege in cases arising
under Uniform Code of Military Justice.
Subtitle B--Medical Care and Treatment for Victims of Sexual and
Domestic Violence
Sec. 211. Enhanced Department of Defense treatment capacity.
Sec. 212. Community level program.
Sec. 213. Transition to veterans health care for victims or
perpetrators of domestic violence, sexual
assault, family violence, or stalking.
Subtitle C--Military-Civilian Shelter Programs
Sec. 221. Enhanced capacity of the Department of Defense for shelter
programs and services.
Subtitle D--Victim's Rights and Restitution
Sec. 231. Military law enforcement and victims' rights.
Sec. 232. Availability of incident reports.
Sec. 233. Victim advocates and victims' rights.
Sec. 234. Restitution.
Sec. 235. Records of military justice actions.
Sec. 236. Technical amendments relating to fatality review panels.
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.
Sec. 302. Response of military law enforcement officials to domestic
violence incidents.
Sec. 303. Investigation of sexual and domestic violence cases
involving Department of Defense personnel.
Subtitle B--Crimes Related to Sexual Assault and Domestic Violence
Chapter 1--Federal Criminal Code
Sec. 311. Assimilative crimes.
Sec. 312. Jurisdiction for sexual assault and domestic violence
offenses committed outside the United
States.
Sec. 313. Travel and transportation.
Chapter 2--Uniform Code of Military Justice
Sec. 316. Domestic violence and family violence.
Sec. 317. Protective orders.
Subtitle C--Treatment Services for Perpetrators
Sec. 321. Enhanced capacity of the Department of Defense for treatment
services for perpetrators.
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.
Sec. 402. Training for Department of Veterans Affairs primary care
providers.
Sec. 403. Pilot program on ways to identify veterans who are victims
of military sexual trauma.
Sec. 404. Pilot program on treatment of active-duty military personnel
through facilities of the Department of
Veterans Affairs.
TITLE V--OTHER MATTERS
Subtitle A--Administration Matters
Sec. 501. Performance evaluations and benefits.
Sec. 502. Closure of Article 32 investigations in cases of sexual
assault or domestic violence.
Subtitle B--Enhancement of Armed Forces Domestic Security Act
Sec. 511. Amendments to Servicemembers Civil Relief Act.
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.
Sec. 522. Research on institutional procedures for reporting sexual
assault, domestic violence, and family
violence in the Armed Forces.
Sec. 523. Research on dating violence associated with the Armed
Forces.
Sec. 524. Research on child maltreatment, abuse, and homicide in the
Armed Forces.
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:
``Sec. 102. Definitions relating to sexual assault, domestic violence,
etc.
``(a) Definitions Relating to Conduct.--The following definitions
apply in this title:
``(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)).
``(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).
``(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)).
``(4) Stalking.--The term `stalking' means engaging in a
course of conduct as proscribed in chapter 110A of title 18, as
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--
``(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; and
``(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.
``(5) Sexual violence.--The term `sexual violence' means
any of the following:
``(A) Sexual abuse.
``(B) Sexual assault.
``(C) Sexual battery.
``(D) Rape.
``(6) Sexual harassment.--The term `sexual harassment'
means any conduct involving sexual harassment that--
``(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; and
``(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.
``(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.
``(b) Definitions Relating to Victims.--The following definitions
apply in this title:
``(1) Victim.--The term `victim' means a person who is a
victim of sexual assault, domestic violence, family violence,
stalking, or sexual misconduct committed--
``(A) by or upon a member of the armed forces;
``(B) by or upon a family member of a member of the
armed forces;
``(C) by or upon a person who shares a child in
common with a member of the armed forces;
``(D) by or upon a person who is cohabiting with or
has cohabited as a spouse with a member of the armed
forces;
``(E) by or upon a person similarly situated to a
spouse of a member of the armed forces; or
``(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.
``(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):
``(A) The surviving spouse.
``(B) A surviving child of the decedent who has
attained 18 years of age.
``(C) A surviving parent of the decedent.
``(D) A surviving adult relative.
``(E) The public administrator appointed by a
probate court, if one has been appointed.
``(3) Partner.--The term `partner' means any of the
following:
``(A) A person who is or has been in a social
relationship of a romantic or intimate nature with
another.
``(B) A person who shares a child in common with
another person.
``(C) A person who is cohabiting with or has
cohabited as a spouse by regularly residing in the
household.
``(D) A person similarly situated to a spouse.
``(E) A former spouse.
``(c) Definitions Relating to Programs and Organizations.--The
following definitions apply in this title:
``(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.
``(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.
``(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.
``(d) Other.--The following definitions apply in this title:
``(1) Personally identifying information.--The term
`personally identifying information' has the meaning given that
term in section 1816(b) of this title.
``(2) Electronic communication.--The term `electronic
communication' has the meaning given that term in paragraph
(12) of section 2510 of title 18.
``(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)).
``(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.
``(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.
``(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--
``(1) the length of the relationship;
``(2) the type of relationship; and
``(3) the frequency of interaction between the persons
involved in the relationship.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``102. Definitions relating to sexual assault, domestic violence,
etc.''.
(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.
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:
``CHAPTER 90--OFFICE OF THE VICTIMS' ADVOCATE
``1811. Office of the Victims' Advocate: establishment; Director.
``1812. Office of the Victims' Advocate: responsibilities.
``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.
``1814. Victims' advocates programs in the military departments.
``1815. Office of the Victims' Advocate: access.
``1816. Office of the Victims' Advocate: confidentiality.
``1817. Office of the Victims' Advocate: victim protection actions.
``1818. Office of the Victims' Advocate: victims advocates
whistleblower protections.
``1819. Office of the Victims' Advocate: annual assessment.
``1820. Office of the Victims' Advocate: annual report.
``1821. Requirements on use of funds.
``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').
``(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.
``(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.
``(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.
``(4) The Secretary of Defense shall consult with the
interdisciplinary council established under section 185 of this title
in the appointment of the Director.
``(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.
``(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.
``(3) The victim advocates report to the Director or to the
Director's designee within the Office.
``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.
``(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.
``(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--
``(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; and
``(2) must have had at least 60 hours of training as
specified by regulations prescribed by the Director, including
training in the following areas:
``(A) History of domestic violence and sexual
assault.
``(B) Civil, criminal, and military law as it
relates to domestic violence and sexual assault.
``(C) Societal attitudes.
``(D) Peer counseling techniques.
``(E) Housing.
``(F) Public and private assistance available to
victims.
``(G) Financial resources for victims.
``(H) Safety and protection resources for victims.
``(I) Victim and transitional compensation.
``(J) Benefits.
``(K) Referral services available to victims.
``(L) Military culture and an understanding of how
to operate within a military chain of command.
``(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--
``(1) rape evidence kits;
``(2) DNA testing;
``(3) sexually transmitted diseases screening and treatment;
``(4) HIV screening and treatment;
``(5) pregnancy testing;
``(6) methods of pregnancy prevention approved by the Food and Drug
Administration;
``(7) reproductive health services; and
``(8) other mental and physiological results of the domestic
violence, sexual assault, or stalking.
``(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.
``(e) Evaluation and Review Responsibilities.--The Director shall
carry out the following ongoing evaluations and reviews:
``(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.
``(2) Evaluation of the programs established by the
military departments providing services to victims of domestic
violence, family violence, sexual assault, and stalking.
``(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.
``(4) Annual review of the facilities of the Department of
Defense providing services to victims of domestic violence,
family violence, sexual assault, or stalking.
``(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.
``(6) Annual review of the victim witness assistance
programs within the Department of Defense.
``(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.
``(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.
``(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.
``(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.
``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.
``(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.
``(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.
``(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:
``(A) Prevention measures.
``(B) Education and training on prevention and response.
``(C) Investigation of complaints by command and law
enforcement personnel.
``(D) Medical treatment of victims.
``(E) Confidential reporting of incidents.
``(F) Victim advocacy and response.
``(G) Oversight by commanders of administrative and
disciplinary actions in response to substantiated incidents.
``(H) Disposition of victims, including review by
appropriate authority of administrative separation actions
involving victims.
``(I) Disposition of members of the armed forces accused of
domestic violence, family violence, sexual assault, or
stalking.
``(J) Liaison and collaboration with civilian agencies on
the provision of services to victims.
``(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.
``(3) The comprehensive policy shall include for each of the
military departments the following:
``(A) A program to promote awareness of the incidence of
domestic violence, family violence, sexual assault, and
stalking involving members of the armed forces.
``(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.
``(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--
``(i) procedures for confidential reporting and for
seeking services with victim advocates;
``(ii) specification of the person or persons to
whom the alleged offense should be reported;
``(iii) specification of any other person whom the
victim should contact; and
``(iv) procedures for the preservation of evidence.
``(D) Procedures for disciplinary action in cases of
domestic violence, family violence, sexual assault, and
stalking by members of the armed forces.
``(E) Other sanctions authorized to be imposed in cases of
sexual assault by members of the armed forces.
``(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.
``(G) Any other matter that the Secretary of Defense, in
consultation with the Director of the Office of the Victims'
Advocate, considers appropriate.
``(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.
``(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.
``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.
``(2) Programs referred to in paragraph (1) are the following:
``(A) Victim and witness assistance programs.
``(B) Family advocacy programs.
``(C) Equal opportunity programs.
``(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.
``(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:
``(1) Crime.
``(2) Sexual, physical, or emotional abuse.
``(3) Discrimination or harassment based on race, gender,
ethnic background, national origin, or religion.
``(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:
``(A) Crisis intervention.
``(B) Screening and evaluation of the needs of victims of
domestic violence, family violence, sexual assault, and
stalking.
``(C) Information on safe and confidential ways to seek
assistance to address domestic violence, family violence,
sexual assault, and stalking.
``(D) Information on available services within the military
departments and civilian communities.
``(E) Assistance in obtaining the services referred to in
subparagraph (D), including medical treatment for injuries.
``(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.
``(G) Information on legal rights and resources for
personnel, family members, or partners in both the military and
civilian programs.
``(H) Development and coordination of a safety plan with
appropriate assistance and intervention components including,
law enforcement, command, and Family Advocacy Program.
``(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.
``(J) Information on benefits, including Department of
Defense transitional compensation, victims of crime
compensation, and veterans' benefits.
``(K) Coordination among services, including medical,
legal, and psychological counseling.
``(L) Education.
``(M) Transportation.
``(N) Pre-trial, trial, and post-trial support.
``(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:
``(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.
``(B) Serve as a liaison with civilian community-based
service providers.
``(C) Provide for confidential handling of all documents or
conversations relative to victim care, services, benefits, and
treatment.
``(D) Provide advocacy for the expressed interest and
safety of a victim during testimony in a court-martial or
civilian judicial system.
``(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.
``(F) Provide other appropriate assistance.
``(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.
``(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.
``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:
``(1) The Judge Advocate General of the Army, Navy, or Air
Force or the Staff Judge Advocate to the Commandant of the
Marine Corps.
``(2) The Surgeon General of the Army, Navy, or the Air
Force.
``(3) The Chief of Chaplains of the Army, Navy, or the Air
Force.
``(4) The senior general or flag officer of one of the
Armed Forces with responsibility specifically for personnel.
``(b) Access to Information.--The Director shall have direct and
prompt access to the following:
``(1) The name and location of a victim receiving services,
treatment, or other assistance under the jurisdiction of a
military department.
``(2) Any written report of sexual assault, sexual
misconduct, domestic violence, family violence, or stalking
prepared by a military department.
``(3) Victim case files, subject to written 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.
``(c) 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.
``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.
``(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.
``(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.
``(4) The Director may share court-generated information contained
in secure, governmental registries for purposes of enforcement of
protection orders.
``(b) Personally Identifying Information.--In this section, the
term `personally identifying information' means the following
information about an individual:
``(1) A first and last name.
``(2) A home or other physical address, including street
name and name of city or town.
``(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.
``(4) A telephone number.
``(5) A Social Security Number.
``(6) An Internet Protocol (IP) address or host name that
identifies an individual.
``(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.
``(8) If the individual is a member or former member of the
armed forces--
``(A) the status of the individual as a member of
an active component or reserve component or as a
veteran;
``(B) the individual's current or most recent
grade, rate, or rank;
``(C) the individual's current or most recent duty
station or deployment status; and
``(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).
``(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.
``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.
``(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.
``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.
``(2) Paragraph (1) does not apply to a communication that is
unlawful.
``(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--
``(1) providing services to victims and survivors of
domestic violence, sexual assault, family violence, intimate
partner violence, or stalking;
``(2) a communication to a Member of Congress or an
Inspector General;
``(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;
``(4) a communication with civilian law enforcement,
county, State, or United States attorneys, court officials,
probation officers, or victim service providers; or
``(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.
``(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.
``(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.
``(2) A communication described in this paragraph is a
communication in which the victim advocate reasonably believes
constitutes evidence of any of the following:
``(A) A violation of law or regulation, including a law or
regulation prohibiting domestic violence, sexual assault,
family violence, or stalking.
``(B) Gross mismanagement, an abuse of authority, or a
substantial danger to community safety or public health.
``(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).
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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--
``(i) of that determination including the reasons why the
report may not be submitted within that time; and
``(ii) of the time when the report will be submitted.
``(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.
``(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.
``(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).
``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.
``(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.
``(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.
``(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--
``(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;
``(2) directives of the military departments; and
``(3) regulations of the military departments considered
appropriate by the Director.
``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.
``(2) Each report under paragraph (1) shall include the following:
``(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.
``(B) The results of the most recent assessment under
section 1819(b) of this title.
``(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.
``(D) A summary of the types of cases and the disciplinary
action taken in each type of case.
``(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.
``(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.
``(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.
``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--
``(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; and
``(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.
``(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.''
(b) Transition Provisions.--
(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.
(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.
(3) First annual report.--The first report under subsection
(a) of section 1819(a) of such title, as added by subsection
(a)--
(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); and
(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).
(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:
``90. Office of the Victims' Advocate....................... 1811''.
SEC. 112. DEPARTMENT OF DEFENSE INTERDISCIPLINARY COUNCIL.
(a) Codification and Revision of Council Established Under Public
Law 103-337.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
``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.
``(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.
``(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.
``(3) The Secretary shall ensure that membership includes at least
one judge advocate.
``(4) Each member of the Interdisciplinary Council appointed from
outside the Department of Defense--
``(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; or
``(B) shall be appointed from one of the following:
``(i) The Centers for Disease Control and
Prevention of the Department of Health and Human
Services.
``(ii) Civilian law enforcement.
``(iii) A judicial policy organization.
``(iv) A national crime victim organization.
``(v) A victim service organization.
``(vi) A survivor of domestic violence, sexual
assault, family violence, or stalking in which the
perpetrator was a member of the armed forces.
``(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.
``(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.
``(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.
``(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.
``(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--
``(1) that communications made at the Interdisciplinary
Council are transmitted to military personnel; and
``(2) that the Interdisciplinary Council is aware of
problems in the military departments related to domestic
violence, family violence, sexual assault, and stalking.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``185. Department of Defense Interdisciplinary Council.''.
(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.
(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:
(1) Victim safety programs.
(2) Confidentiality of communications for victims.
(3) Offender accountability.
(4) Prevention of sexual assault, domestic violence, family
violence, and stalking.
(5) Collaboration among military organizations with
responsibility or jurisdiction with respect to sexual assault,
domestic violence, family violence, and stalking.
(6) Coordination between military and civilian communities
including service organizations and law enforcement with
respect to sexual assault, domestic violence, family violence
and stalking.
(7) Adaptation of best professional practices within the
civilian communities with respect to sexual assault, domestic
violence, family violence and stalking.
(8) Data collection, case management, and tracking.
(9) Curricula and training including standardized training
for armed forces personnel and community-based advocates,
organizations, and service providers.
(10) Standardization of guidelines, directives, and
statutes.
(11) Other issues identified by the Interdisciplinary
Council.
SEC. 113. CONFORMING REPEAL.
Section 534 of the National Defense Authorization Act for Fiscal
Year 1995 (10 U.S.C. 113 note) is repealed.
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.
(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:
(1) Include in the services provided under the contract the
availability of a toll-free telephone number (commonly referred
to as an ``800'' number).
(2) Ensure that information about services and resources
available to military personnel, families, and partners--
(A) is revised and updated as appropriate;
(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; and
(C) is made available through appropriate public
information services.
(3) Provide 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.
(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.
(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.
(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.
(c) Applications.--
(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.
(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.
(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.
(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.
(3) 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.
(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.
(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.
(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.
(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.
(i) Reports.--An entity receiving funds under this section shall
submit to the Secretary every six months a report that describes--
(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;
(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; and
(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.
Subtitle D--Prevention and Intervention Training
SEC. 131. PREVENTION AND INTERVENTION TRAINING CONTRACTS.
(a) Awards Authorized.--
(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.
(2) Definitions.--In this section, the term ``eligible
entity'' means an entity that is--
(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; or
(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.
(b) Uses of Funds.--An entity awarded a contract pursuant to
subsection (a) shall--
(1) provide training in the dynamics of domestic violence,
sexual assault, family violence, and stalking, including
safety, risk assessment, potential lethality, and appropriate
interventions;
(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;
(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; and
(4) conduct evaluations to assess the impact of programs
and policies assisted under this section in order to enhance
the development of those programs.
(c) Application.--
(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.
(2) Content.--An application submitted pursuant to
paragraph (1) shall--
(A) outline and describe how training and other
activities will be undertaken to promote prevention,
intervention, and collaboration;
(B) identify the members of the organization who
will be responsible for carrying out the training;
(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;
(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;
(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;
(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;
(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; and
(H) outline the protocols, policies, and procedures
participating entities will develop and adopt to ensure
the confidentiality of victims.
(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.
(e) Reports.--An entity receiving funds under this section shall
submit to the Secretary every six months a report that describes, at a
minimum--
(1) how the funds under the program were used, including
the extent to which military personnel, family members, or
partners were served;
(2) the adequacy of staff training and services to ensure
that the needs of servicemembers, family members, or partners
are met; and
(3) the existence of barriers the entity faces to more
fully addressing the needs of servicemembers, family members,
or partners.
(f) Requirement.--
(1) Of the amounts appropriated to carry out this section
for any fiscal year, the Secretary--
(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; and
(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.
(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.
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.
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.
(b) First Conference.--
(1) Consideration of prior reports.--Activities of the
first conference under this subtitle shall include
consideration of the reports and recommendations of the
following:
(A) The Department of Defense Task Force on the
Care of Sexual Assault Victims.
(B) The Department of Defense Task Force on
Domestic Violence.
(C) The Department of Defense Task Force of Sexual
Harassment and Misconduct at the Military Academies.
(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--
(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; and
(B) facilitate the Secretaries of the military
departments implementation of policies on domestic
violence, sexual assault, family violence, and stalking
in the Armed Forces.
SEC. 143. CONFERENCE PARTICIPANTS.
The Secretary shall provide for participants in conferences under
this subtitle to include the following:
(1) Representatives from a broad cross-section of military
authorities, including leadership, commands, services,
departments, and programs.
(2) Representatives of Federal, State, national and local
government agencies.
(3) Representatives of law enforcement organizations.
(4) Criminal justice professionals, including prosecutors,
investigators, attorneys, and advocates.
(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.
(6) Individuals with demonstrated expertise in addressing
the intersection between domestic violence, sexual assault,
family violence, and stalking.
(7) Individuals with demonstrated expertise in addressing
the issues confronting the Armed Forces relative to domestic
violence, sexual assault, family violence, and stalking.
(8) Victims of domestic violence, sexual assault, family
violence, and stalking.
(9) Representatives of academic and research, facilities
with demonstrated expertise in domestic violence, sexual
assault, family violence, and stalking.
(10) Representatives of the Department of Veterans Affairs.
(11) Advocates, counselors, and therapists engaged in
providing services to victims associated with the Armed Forces.
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.
(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.
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''.
(b) Prohibition of Retaliatory Personnel Actions.--Subsection
(b)(1) of such section is amended--
(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''; and
(2) in subparagraph (A)--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(B) by inserting after clause (ii) the following
new clause:
``(iii) the Office of the Victims' Advocate or a
victims' advocate;''.
(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''.
SEC. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND HEALTH CARE
PROFESSIONAL PRIVILEGE IN CASES ARISING UNDER UNIFORM
CODE OF MILITARY JUSTICE.
(a) Privileges Established.--
(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:
``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.
``(b) Definitions.--In this section:
``(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.
``(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.
``(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.
``(4) The term `confidential communication' means a
communication not intended to be disclosed to third persons
other than--
``(A) those to whom disclosure is in furtherance of
providing advice, counseling, treatment, or assistance
to the client; and
``(B) those reasonably necessary for disclosing
under subparagraph (A).
``(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--
``(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; or
``(2) the name, address, or telephone number of a victim
representative.
``(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.
``(e) Exceptions.--There is no privilege under this section--
``(1) when the client is dead, except for the privilege
under subsection (c);
``(2) to the extent the communication reports child abuse;
``(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; or
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``941. 141. Privilege for communication with victim service
organization or health care
professional.''.
(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.
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.
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.
(b) Program Sites.--The program shall be carried out through
facilities of the Department of Defense.
(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--
(1) emphasize early identification of victims experiencing
post-traumatic stress disorder resulting from domestic
violence, sexual assault, family violence, or stalking;
(2) include group-oriented, peer-to-peer settings for
treatment; and
(3) acknowledge that the causal factors of domestic
violence, sexual assault, family violence, and stalking include
power and control.
(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.
(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.
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.
Subtitle C--Military-Civilian Shelter Programs
SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR SHELTER
PROGRAMS AND SERVICES.
(a) Contracts Authorized.--
(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.
(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--
(A) a community-based organization specializing in
intervention or violence prevention services for
military servicemembers, family members, or partners;
(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;
(C) a nonprofit, nongovernmental entity providing
services for veterans;
(D) a nonprofit, nongovernmental entity providing
services to homeless individuals; or
(E) a governmental program serving servicemembers
and family members.
(b) Uses of Funds.--A contract under this section shall provide
that--
(1) whenever possible, the entity awarded the contract
shall collaborate with existing shelter services in the
civilian community to provide appropriate victim services;
(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;
(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; and
(4) if needed, the entity awarded the contract will have
staff with fluency in languages other then English or access to
translators.
(c) Application.--
(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.
(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.
(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.
(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.
(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--
(1) how the funds under the contract were used;
(2) the extent to which military personnel, families, and
partners were served; and
(3) the adequacy of staff training and services to ensure
that needs of members of the Armed Forces and their family
members and partners.
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:
(1) Victims' rights set out under section 502(b) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10606(b)).
(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.
(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.
(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.
(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.''.
(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.
(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.
(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:
(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.
(2) A means for the victim to designate a lawful
representative selected by the victim.
(3) Notice to the victim of the following:
(A) Victims' rights under section 502(b) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10606(b)).
(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.
(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.
(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.
(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.''.
(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.
(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.
(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.
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).
(b) Time for Availability.--
(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.
(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.
(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.
(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.
(e) Victim's Representative Defined.--
(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:
(A) The surviving spouse.
(B) A surviving child of the decedent who has
attained 18 years of age.
(C) A surviving parent of the decedent.
(D) A surviving adult relative.
(E) The public administrator appointed by a probate
court, if one has been appointed.
(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.
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.
(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.
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:
``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.
``(b) Scope and Nature of Order.--
``(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).
``(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.
``(c) Mandatory Order.--
``(1) The issuance of a restitution order under this
section is mandatory.
``(2) The convening authority may not decline to issue an
order under this section because of--
``(A) the economic circumstances of the person
convicted; or
``(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.
``(d) Definitions.--In this section:
``(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--
``(A) medical services relating to physical,
psychiatric, or psychological care;
``(B) physical and occupational therapy or
rehabilitation;
``(C) necessary transportation, temporary housing,
and child care expenses;
``(D) lost income;
``(E) attorney's fees, plus any costs incurred in
obtaining a civil protective order; and
``(F) any other loss suffered by the victim as a
proximate result of the offense or offenses.
``(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.''.
(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:
``1561c. Restitution.''.
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):
``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).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``940. 140a. Military justice information: transmission to Director of
Federal Bureau of Investigation.''.
SEC. 236. TECHNICAL AMENDMENTS RELATING TO FATALITY REVIEW PANELS.
(a) Army.--Section 4061 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``, through the Office
of the Victims' Advocate,'' after ``Secretary of the Army'';
and
(2) in subsection (c), by inserting ``, in consultation
with the Office of the Victims' Advocate,'' after ``Secretary
of Defense''.
(b) Navy.--Section 6036 of such title is amended--
(1) in subsection (a), by inserting ``, through the Office
of the Victims' Advocate,'' after ``Secretary of the Navy'';
and
(2) in subsection (c), by inserting ``, in consultation
with the Office of the Victims' Advocate,'' after ``Secretary
of Defense''.
(c) Air Force.--Section 9061 of such title is amended--
(1) in subsection (a), by inserting ``, through the Office
of the Victims' Advocate,'' after ``Secretary of the Air
Force''; and
(2) in subsection (c), by inserting ``, in consultation
with the Office of the Victims' Advocate,'' after ``Secretary
of Defense''.
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:
``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.
``(2) In this section, the term `qualifying complaint' means a
complaint--
``(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; and
``(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 Defense
``(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--
``(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;
``(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; and
``(3) advise the complainant of the commencement of the
investigation.
``(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.
``(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.
``(e) Report on Investigation.--To the extent practicable, a
commanding officer or officer in charge receiving a qualifying
complaint shall--
``(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; or
``(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.
``(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).
``(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.
``(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.''.
(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:
``1561b. Complaints of sexual assault, domestic violence, family
violence, or stalking: investigation by
commanding officers.''.
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:
``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--
``(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; and
``(2) any of the following circumstances is present:
``(A) The officer has reasonable basis for
believing that continued domestic violence against the
alleged victim is likely.
``(B) There is evidence of physical injury to the
alleged victim.
``(C) The use of a deadly weapon or dangerous
instrument is evident.
``(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:
``(1) Infliction of physical pain, bodily injury, or
illness or damage to property.
``(2) Intentional impairment of physical condition.
``(3) A threat of conduct that would cause bodily injury or
damage to property.
``(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--
``(1) a description of physical injuries observed, if any;
``(2) whenever possible, a statement from the victim and
witnesses concerning the alleged domestic violence; and
``(3) a statement that a copy of legal rights and notices
was given to the victim.
``(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:
``(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.
``(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.
``(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.
``(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.
``(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.
``(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:
``(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).
``(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.'.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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:
``(A) The relationship of the parties.
``(B) The sex of the parties.
``(C) The time and date of the incident.
``(D) The number of domestic violence calls investigated.
``(E) Whether children were involved, or whether the
alleged act of domestic violence had been committed in the
presence of children.
``(F) The type and extent of the abuse.
``(G) The number and type of weapons involved.
``(H) The action taken by the law enforcement officer.
``(I) The existence of any prior court or military orders
issued to the parties.
``(J) The number of domestic violence calls alleging a
violation of a military no contact order or a protective order
involving the parties.
``(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.
``(L) Any other data that may be necessary for a complete
analysis of all circumstances leading to the alleged incident
of domestic violence.
``(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--
``(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; and
``(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.
``(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.
``(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.
``(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.
``(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).
``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:
``(1) A policy that a recommendation of a judge advocate
that a domestic violence incident not be prosecuted should not
be based--
``(A) solely upon the absence of visible
indications of injury;
``(B) consent of the victim;
``(C) consideration of the relationship of the
parties; or
``(D) the character, rank, rate, or quality of
service of members of the armed forces, officers or
employees.
``(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.
``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:
``(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.
``(2) The number of subsequent prosecutions and convictions
of those arrested for domestic violence incidents.
``(3) A listing of the number of arrests, prosecutions, and
convictions under paragraph (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.
``(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.
``(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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``1567. Domestic violence: responsibilities of military law enforcement
officials.
``1568. Domestic violence: prosecution policies.
``1569. Domestic violence: annual reports.''.
(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.
(d) Conforming Repeal.--
(1) Repeal.--Section 1058 of title 10, United States Code,
is repealed.
(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.
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:
``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.
``(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.
``(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.
``(d) Direct Investigations.--The Director shall review an
investigation of an allegation of sexual misconduct, sexual assault,
family violence, stalking, or domestic violence--
``(1) if requested--
``(A) by the director of the Office of Veterans
Affairs ;
``(B) by an investigative organization of the
Department of Defense or one of the military
departments; or
``(C) 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; or
``(2) in any case that the Secretary directs the Director
to investigate.
``(f) Oversight and Quality Control of Other Investigations.--(1)
The Director shall review the status of an investigation that is
referred under subsection (d).
``(2) In carrying out paragraph (1), the Director may review the
records of the investigation and observe the conduct of the ongoing
investigation.
``(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.
``(g) Powers.--In the performance of the duties set forth or
authorized in this section, the Director shall have the following
powers:
``(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.
``(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.
``(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.
``(4) To serve subpoenas, summons, and any judicial process
related to the review of an investigation.
``(5) To administer to or take from any person an oath,
affirmation, or affidavit whenever necessary in the review of
an investigation.
``(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.
``(7) To refer to a victim advocate for assistance in
obtaining services for any victim in the case under review.
``(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.
``(h) 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.
``(2) The Director shall report each such referral to the Secretary
of Defense.
``(i) Staff.--The Director shall have access to--
``(1) investigators who have extensive experience in
criminal investigations and demonstrated expertise in domestic
violence, family violence, sexual assault, or stalking;
``(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; and
``(3) such other staff as is necessary for the performance
of the Director's duties.''.
(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:
``144. Director of Special Investigations.''.
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:
``(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.''.
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''.
(b) Definitions.--Section 3267 of such title is amended by adding
at the end the following new paragraphs:
``(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)).
``(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)).
``(7) The term `sexual misconduct' includes--
``(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;
``(B) sexual abuse;
``(C) sexual assault;
``(D) sexual battery; and
``(E) rape.
``(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--
``(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; and
``(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.''.
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,''.
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--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting ``or'' at the end of paragraph (2); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) commits an assault involving domestic violence or
family violence;''.
(b) Assault Involving Domestic Violence or Family Violence
Defined.--Such section is further amended by adding at the end the
following new subsection:
``(c) In this section, the term `assault involving domestic
violence or family violence' means--
``(1) an assault--
``(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;
``(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;
or
``(C) in which the accused places a person in
reasonable fear of imminent bodily injury to that
person or to another person;
``(2) a sexual assault; or
``(3) any conduct in which the accused--
``(A) places a person in reasonable fear of
imminent bodily injury to that person or to another;
``(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; or
``(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.''.
(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.
(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:
(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.
(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.
(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.
(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.
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--
(1) by inserting ``(a)'' before ``Any person'';
(2) by striking ``or'' at the end of paragraph (2);
(3) by inserting ``or'' at the end of paragraph (3);
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) violates or fails to obey a no contact order or
protective order;''; and
(5) by adding at the end of such section the following new
subsection:
``(b) In this section, the term `no contact order or protective
order' includes--
``(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;
``(2) a protection order as defined in section 2266(5) of
title 18; and
``(3) a protective order as defined in section 1561a of
this title.''.
(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.
Subtitle C--Treatment Services for Perpetrators
SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR TREATMENT
SERVICES FOR PERPETRATORS.
(a) Contracts Authorized.--
(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.
(2) Definitions.--In this section:
(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.
(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.
(b) Terms of Contract.--A contract awarded under this section shall
provide that the entity awarded the contract--
(1) may provide for collaboration with existing services in
the civilian community for the provision of appropriate
treatment services;
(2) when appropriate treatment services are not available
in the civilian community or are not accessible, may provide
such services on military installations;
(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.
(c) Terms of Batterers Program.--The Secretary shall ensure that
the batterers program shall have policies regarding--
(1) referrals for those for whom a batterers program is not
appropriate;
(2) suicide and homicide threats by clients; and
(3) confidentiality, in accordance with standards
prescribed by the Secretary.
(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.
(e) Treatment Standards.--The treatment program under the batterers
program must meet the following standards:
(1) All treatment shall be based upon a full, complete
clinical assessment, including--
(A) current and past violence history relating to
domestic violence, family violence, sexual assault, or
stalking;
(B) a complete diagnostic evaluation;
(C) a substance abuse assessment; and
(D) criminal history.
(2) All treatment shall be based on a treatment plan that
adequately and appropriately addresses treatment needs of the
individual.
(3) The program shall require the perpetrator to review the
following notices:
(A) A notice that the program will inform the
victim and victims' advocate that the perpetrator is in
treatment.
(B) A notice that prior and current treatment
agencies will provide information on the perpetrator to
the program.
(C) A notice that the program will provide relevant
information on the perpetrator to relevant legal and
military entities.
(4) Treatment of a perpetrator must be for a minimum
treatment period established by the Secretary by regulation.
(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.
(6) The program shall have a policy and procedures for
dealing with recidivism.
(7) The program shall have a policy and procedures for
dealing with noncompliance.
(8) All evaluation and treatment services shall be provided
by, and under the supervision of, qualified personnel.
(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.
(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--
(1) how the funds under the contract were used;
(2) the extent to which military personnel were served;
(3) the adequacy of staff training and services;
(4) the existence of barriers to the provision of services;
(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;
(6) the total number of persons referred to the program,
and the referral source;
(7) total number of persons determined to be inappropriate
for services and reasons therefor; and
(8) the number of persons participating in the program, the
number completing the program, the number failing to complete
the program, and reasons therefor.
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.
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.
(b) Elements of Training.--The training under subsection (a) shall
require that all primary care providers to be able to do the following:
(1) Describe the Department of Veterans Affairs mandate and
the prevalence of military sexual trauma.
(2) Describe the relevance of military sexual trauma to
Department of Veterans Affairs clinicians.
(3) Identify the health correlates of sexual trauma.
(4) Explain the effective screening methods for military
sexual trauma.
(5) List the steps to be taken by a clinician when
responding to disclosure of military sexual trauma.
(6) Explain the referral process of a patient who
experienced military sexual trauma to mental health and social
services.
(7) Describe the mental health treatment for military
sexual trauma.
(8) Describe the documentation requirements for military
sexual trauma treatment and compensation.
(9) Explain the compensation issues associated with
military sexual trauma.
(10) Describe the complex patient-provider relationship
issues associated with military sexual trauma.
(11) Identify the risk factors that could cause post-
traumatic stress disorder flares in military sexual trauma
survivors.
(12) Define revictimization.
(13) Assess intimate partner violence.
(14) Describe treatment of acute sexual trauma victims.
(15) Recognize how clinicians can care for themselves and
avoid burnout.
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.
(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.
(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.
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.
(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.
(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.
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--
(1) has been convicted of a criminal offense involving
domestic violence, family violence, sexual assault, or
stalking; or
(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.
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:
``(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.''.
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''.
(b) Change in References From ``Dependents'' to ``Family
Members''.--
(1) Section 101(4) of such Act (50 U.S.C. App. 511(4)) is
amended--
(A) in the heading, by striking ``Dependent'' and
inserting ``Family Member''; and
(B) by striking ``dependent'' and inserting
``family member''.
(2) Such Act is further amended by by striking
``dependent'' and ``dependents'' each place they appear and
inserting ``family member'' and ``family members'',
respectively.
(3)(A) The heading for section 308 of such Act (50 U.S.C.
App. 538) is amended to read as follows:
``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).
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--
(1) the common characteristics (if any) of victims of
sexual assault, domestic violence, and family violence;
(2) the common characteristics (if any) of perpetrators of
sexual assault, domestic violence, and family violence;
(3) the situations and environments in which sexual
assault, domestic violence, and family violence occur; and
(4) the affect of deployments, duty stations, combat
service, and veteran and active duty status on sexual assault,
domestic violence, and family violence.
(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.
(c) Protection of Human Subjects.--The Secretary shall ensure the
confidentiality of each survey participant.
(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.
(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:
(1) The incidence and prevalence of sexual assault, family
violence, and domestic violence involving members of the Armed
Forces.
(2) The number of legal, judicial, nonjudicial, and
rehabilitative responses to sexual assault and domestic
violence, disaggregated by service.
(3) The extent to which such responses are effective at
ensuring victim safety, requiring offender accountability, and
imposing sanctions on the offender.
(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.
(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.
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.
(b) Matters to Be Included.--The study under subsection (a) shall
include an analysis of the following:
(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.
(2) The publication of the Armed Forces policy for sexual
assault, domestic violence, and family violence.
(3) The individuals to whom reports of sexual assault,
domestic violence, and family violence are given most often
and--
(A) how those individuals are trained to respond to
such reports; and
(B) the extent to which those individuals are
trained.
(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--
(A) reporting and procedure options on military
installation; and
(B) reporting and procedure options outside of
military installations.
(5) The resources available for victims' safety, support,
medical health, and confidentiality.
(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.
(7) Policies and procedures found successful in aiding the
report, and any ensuing investigation or prosecution, of sexual
assault, domestic violence, or family violence.
(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.
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.
(b) Matters to Be Included.--The study under subsection (a) shall
include the identification of the common characteristics of--
(1) both victims of intimate partner violence and
perpetrators of intimate partner violence;
(2) the situations and environments in which intimate
partner violence occurs; and
(3) the effect of deployments, duty stations, combat
service, and veteran, reserve or active duty, or combat status.
(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.
(d) Confidentiality of Subjects.--The Secretary shall ensure the
confidentiality of each survey participant.
(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.
(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:
(1) The incidence and prevalence of intimate partner
violence involving members of the Armed Forces.
(2) A discussion of the prevention and intervention
available to intimate partners of members of the Armed Forces.
(3) A discussion of the legal, judicial, nonjudicial, and
rehabilitative responses to intimate partner violence and how
those responses vary across the services.
(4) The extent to which such responses are effective at
ensuring victim safety, requiring offender accountability, and
imposing sanctions on the offender.
(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.
(6) Recommendations for improvements to Department of
Defense procedures and programs to prevent and intervene in
cases of intimate partner violence.
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--
(1) both victims and perpetrators of child maltreatment,
abuse, or homicide associated with the Armed Forces; and
(2) the situations and environments in which child
maltreatment, abuse, suicide, or homicide occurs.
(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.
(c) Confidentiality.--The Secretary shall ensure the
confidentiality of each survey participant.
(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.
(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:
(1) The incidence and prevalence of child maltreatment,
abuse, suicide, and homicide involving members of the Armed
Forces.
(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.
(3) The extent to which such responses are effective at
ensuring victim safety, requiring offender accountability, and
imposing sanctions on the offender.
(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.
(5) Recommendations for a comprehensive strategy for
prevention and intervention in cases of child maltreatment,
abuse, suicide, and homicide.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E607)
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 concerned.
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 concerned.
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 concerned.
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 concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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