Defense Sexual Trauma Response Oversight and Good Governance Act (Defense STRONG Act) - Establishes within the Department of Defense (DOD) a Director of the Sexual Assault Prevention and Response Office to serve as the single point of authority, accountability, and oversight for DOD policy regarding prevention of and response to sexual assault, and to provide oversight to ensure that the sexual assault programs of the military departments comply with DOD policy.
Requires the assignment within each military department of at least one full-time Sexual Assault Response Coordinator and one full-time Sexual Assault Victim Advocate, allowing the Secretary of the military department concerned to assign additional coordinators and/or advocates based on the demographics or needs of the unit. Allows only members of the Armed Forces (members) or DOD civilian personnel to be assigned as coordinators or advocates. Directs the Secretary of Defense to establish a professional training and certification program for such coordinators and advocates, and requires performance evaluations of all coordinators and advocates.
Entitles any member, or dependent of a member, who is the victim of a sexual assault to legal assistance provided by a military legal assistance counsel and Victim Advocate service, regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the assault. Makes privileged any communications between a member or dependent and a Victim Advocate.
Directs the Secretary to provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5197 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5197
To implement recommendations of the Defense Task Force on Sexual
Assault in the Military Services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2010
Ms. Tsongas (for herself, Mr. Turner, Ms. Shea-Porter, Mrs. McMorris
Rodgers, Ms. Giffords, Ms. DeLauro, Ms. Harman, Mr. Walz, Mr. McGovern,
Mrs. Capps, and Mr. Cleaver) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To implement recommendations of the Defense Task Force on Sexual
Assault in the Military Services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Sexual Trauma Response
Oversight and Good Governance Act'' (the ``Defense STRONG Act'').
SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
(a) Appointment of Director; Duties.--Chapter 3 of title 10, United
States Code, is amended by inserting after section 136a the following
new section:
``Sec. 136b. Director of Sexual Assault Prevention and Response Office
``(a) Appointment.--There is a Director of the Sexual Assault
Prevention and Response Office who shall be a general or flag officer
or an employee of the Department of Defense in a comparable Senior
Executive Service position.
``(b) Duties.--The Director of the Sexual Assault Prevention and
Response Office serves as the Department's single point of authority,
accountability, and oversight for Department policy regarding
prevention and response to sexual assault and provides oversight to
ensure that the sexual assault programs of the military departments
comply with Department policy.
``(c) Standardization.--The Secretary of Defense shall require the
use of consistent sexual assault prevention and response terminology,
position descriptions, minimum program standards, and organizational
structures throughout the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
136a the following new item:
``136b. Director of Sexual Assault Prevention and Response Office.''.
SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM
ADVOCATES.
(a) Assignment and Training.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault
Response Coordinators and Victim Advocates
``(a) Assignment of Coordinators.--(1) At least one full-time
Sexual Assault Response Coordinator shall be assigned at the brigade or
equivalent or higher unit level. The Secretary concerned may assign
additional Sexual Assault Response Coordinators as necessary based on
the demographics or needs of the unit. Any additional Sexual Assault
Response Coordinator for a unit shall also serve on a full-time basis.
``(2) To ensure access to members of the Armed Forces in response
to a report of a sexual assault involving a member, only members of the
Armed Forces and civilian employees of the Department of Defense may be
assigned to duty as a Sexual Assault Response Coordinator. Contractor
employees may not serve as a Sexual Assault Response Coordinator,
except on a temporary, emergency basis.
``(b) Assignment of Victim Advocates.--(1) At least one full-time
Sexual Assault Victim Advocate shall be assigned to each battalion or
equivalent unit. The Secretary concerned may assign additional Victim
Advocates as necessary based on the demographics or needs of the unit.
The additional Victim Advocates may serve on a full-time or part-time
basis at the discretion of the Secretary.
``(2) Only members of the armed forces and civilian employees of
the Department of Defense may be assigned to duty as a Victim Advocate.
Contractor employees may not serve as a Victim Advocate, except on a
temporary, emergency basis.
``(c) Training and Certification.--(1) The Secretary of Defense
shall establish a professional and uniform training and certification
program for Sexual Assault Response Coordinators and Victim Advocates.
In developing the program, the Secretary of Defense shall work with the
National Organization for Victim Advocates. The program shall be
structured and administered in a manner similar to the professional
training available for Equal Opportunity Advisors through the Defense
Equal Opportunity Management Institute.
``(2) Effective beginning one year after the date of the enactment
of this section, before a member or civilian employee may be assigned
to duty as a Sexual Assault Response Coordinator, the member or
employee must have completed the training program required by paragraph
(1) and obtained the certification.
``(3) A member or civilian employee assigned to duty as a Victim
Advocate may obtain certification under the training program required
by paragraph (1). At a minimum, the Sexual Assault Response Coordinator
to whom a Victim Advocate reports shall train the Victim Advocate using
the same training materials used to train the Sexual Assault Response
Coordinator under the program.
``(d) Performance Evaluations.--Performance evaluation reports
pertaining to a member of the Armed Forces assigned to serve as a
Sexual Assault Response Coordinator or Victim Advocate shall comment on
the performance of the member in the position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1568. Sexual assault prevention and response: Sexual Assault Response
Coordinators and Victim Advocates.''.
SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM
ADVOCATE SERVICES.
(a) Access.--Chapter 53 of title 10, United States Code, is amended
by inserting after section 1044d the following new section:
``Sec. 1044e. Access to legal assistance and Victim Advocate services
for victims of sexual assault
``(a) Access.--A member of the Armed Forces or a dependent of a
member of the Armed Forces who is the victim of a sexual assault is
entitled to legal assistance provided by a military legal assistance
counsel and Victim Advocate services, regardless of whether the member
or dependent elects unrestricted or restricted (confidential) reporting
of the sexual assault.
``(b) Restricted Reporting Option.--(1) A member or dependent
referred to in subsection (a) may confidentially disclose the details
of the assault to an individual specified in paragraph (2) and receive
medical treatment, legal assistance, or counseling, without triggering
an official investigation of the allegations.
``(2) Individuals covered by paragraph (1) are the following:
``(A) Military legal assistance counsel.
``(B) Sexual Assault Response Coordinator.
``(C) Victim Advocate.
``(D) Healthcare personnel.
``(E) Chaplain.
``(c) Privileged Communications.--(1) Communications between a
member or dependent referred to in subsection (a) and a Victim
Advocate, and records of such communications created by or for the
Department of Defense, are confidential and privileged. Such
communications and records may not be disclosed to any person or entity
without the consent of the member or dependent involved.
``(2) No part of any communication or record referred to in
paragraph (1) may be subject to discovery or admitted into evidence in
any judicial or administrative proceeding without the consent of the
member or dependent involved.
``(d) Definitions.--In this section:
``(1) The term `sexual assault' means any of the offenses
covered by section 920 of this title (article 120).
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section
801(13) of this title); or
``(B) a civilian attorney serving as a legal
assistance officer under the provisions of section 1044
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044d the following new item:
``1044e. Access to legal assistance and Victim Advocate services for
victims of sexual assault.''.
(c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through
1044e''.
SEC. 5. INCLUSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING
MODULE AT EACH LEVEL OF PROFESSIONAL MILITARY EDUCATION.
The Secretary of Defense shall provide for the inclusion of a
sexual assault prevention and response training module at each level of
professional military education. The training shall be tailored to the
new responsibilities and leadership requirements of members of the
Armed Forces as they are promoted.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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