Holley Lynn James Act - Directs the Deputy Inspector General for Policy and Oversight of the Department of Defense (DOD) to: (1) develop a DOD-wide sexual assault prevention and response policy and domestic violence policy, and (2) provide oversight within DOD with respect to such policies.
Requires the Deputy Inspector General to: (1) provide guidance and technical assistance to the heads of the military departments in addressing matters concerning sexual assault and domestic violence prevention and response, (2) maintain sexual assault and domestic violence data collected from each military department, and (3) collaborate with appropriate federal and state agencies that address such issues.
Directs the Deputy Inspector General for Policy and Oversight to determine the feasibility of establishing a Military Sexual Predator Database.
Outlines criteria for the disposition of rape, sexual assault, sexual harassment, and domestic violence cases. Specifies the rights of a victim in such a case.
Allows a claim to be brought against the United States for damages or other appropriate relief for any act or omission related to or arising out of assaultive conduct, or failure to prevent or properly investigate or prosecute such conduct. Defines assaultive conduct as sexual assault or harassment, domestic violence, assault and battery, intentional infliction of emotional distress, false imprisonment, or discrimination or negligent hiring, supervision, promotion, or retention.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1517
To amend titles 10 and 28, United States Code, to provide for military
sexual assault and domestic violence accountability, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2011
Mr. Braley of Iowa (for himself, Mr. Poe of Texas, Ms. Slaughter, Mr.
Filner, Ms. Pingree of Maine, and Ms. Speier) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committee on the Judiciary, 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 amend titles 10 and 28, United States Code, to provide for military
sexual assault and domestic violence accountability, 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.
This Act may be cited as the ``Holley Lynn James Act''.
SEC. 2. DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT AND DOMESTIC
VIOLENCE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130e. Policy on sexual assault and domestic violence
``(a) Office of the Deputy Inspector General for Policy and
Oversight.--The Deputy Inspector General for Policy and Oversight of
the Department of Defense shall develop and maintain a Department-wide
sexual assault prevention and response policy and domestic violence
policy and shall provide oversight within the Department with respect
to such policies. The Deputy Inspector General shall--
``(1) develop overall policy and provide guidance for the
Sexual Assault Prevention and Response Program of the
Department;
``(2) develop overall policy and provide guidance for
domestic violence prevention and response within the
Department;
``(3) provide guidance and technical assistance to the
heads of the military departments in addressing matters
concerning sexual assault and domestic violence prevention and
response;
``(4) develop strategic program guidance, joint planning
objectives, and identify legislative changes needed to ensure
the future availability of resources in support of Department
sexual assault and domestic violence prevention and response
policies;
``(5) maintain sexual assault and domestic violence data
collected from each of the military departments;
``(6) acquire the quarterly and annual sexual assault
prevention and response data from each of the military
departments and assemble the annual reports involving members
of the Armed Forces;
``(7) ensure that the annual report required to be
submitted under section 577(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 10 U.S.C. 116 note) includes information on the commands
of the victim and accused in any sexual assault or domestic
violence case;
``(8) develop metrics to measure compliance and the
effectiveness of sexual assault and domestic violence
prevention and response training and awareness objectives;
``(9) review and analyze data collected by the head of each
of the military departments;
``(10) establish reporting categories and monitor specific
goals for use in producing the Secretary's annual assessment of
each military department required under section 577(f)(3) of
such Act;
``(11) collaborate with appropriate Federal and State
agencies that address sexual assault and domestic violence
prevention and response issues and serve as liaison to the
committees and advisory groups of such agencies, as
appropriate; and
``(12) ensure the maintenance of documents relating to--
``(A) complaints of sexual assault and domestic
violence;
``(B) trials of members of the Armed Forces for
sexual assault and domestic violence; and
``(C) any medical treatment received by an alleged
victim of sexual assault or domestic violence for
complete reporting in the service records of the
victim.
``(b) Responsibilities of the Secretary of Defense.--The Secretary
of Defense shall--
``(1) cooperate with the oversight, investigations, and
policy advice of the Deputy Inspector General for Policy and
Oversight in accordance with the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.); and
``(2) acting through the General Counsel of the Department
of Defense, provide advice and assistance to the Deputy
Inspector General for Policy and Oversight on all legal
matters, including the review and coordination of all proposed
policies, regulations, directives, instructions, and proposed
exceptions to policy and the review of all legislative
proposals affecting the responsibilities of the Deputy
Inspector General under subsection (a).
``(c) Reporting Requirements.--The Deputy Inspector General for
Policy and Oversight shall determine the feasibility of establishing a
database that would be known as the `Military Sexual Predator
Database'. Such a database would include--
``(1) the capability to report and register sex offenders
who are members of the Armed Forces; and
``(2) the capability to effectively coordinate with the
National Sex Offender Registry established under section 119 of
the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16919).
``(d) Authorization for Additional Personnel.--For the purposes of
completing the functions of this section, the Deputy Inspector General
may select, appoint, and employ such officers and employees as may be
necessary for carrying out the duties of the Inspector General, subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130e. Policy on sexual assault and domestic violence.''.
SEC. 3. DISPOSITION OF RAPE, SEXUAL ASSAULT OR SEXUAL HARASSMENT AND
DOMESTIC VIOLENCE CASES WITHIN THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Amendment to Title 10.--Subchapter XI of chapter 47 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 940A. Art. 140A. Disposition of rape, sexual assault, sexual
harassment, and domestic violence cases
``(a) Special Disposition.--Notwithstanding any other provision of
law, there shall be special disposition for charges stemming from a
sexual-related offense and charges involving an allegation of domestic
violence committed by a member of the Armed Forces as follows:
``(1) A case involving such charges shall automatically be
referred to a general court-martial convening authority, as
described in section 818 of this title (article 18).
``(2) The staff judge advocate shall provide detailed
billets for prosecutors in cases involving allegations of rape
or sexual assault, to be filled by a field-grade officer of the
Judge Advocate General's Corps with a rank of O-4 or higher.
``(3) In a case involving an accusation of rape, sexual
assault, harassment, or domestic violence, the facts of the
case shall be given precedence over the value to the service of
the accused.
``(4) In a case involving an accusation of rape, sexual
assault, or harassment, the accused will not be eligible for
non-judicial punishment or administrative punishment if found
guilty.
``(b) Victim's Rights.--A victim in a case involving allegations of
rape, sexual assault, harassment, or domestic violence shall have
rights as follows:
``(1) The Secretary concerned shall provide counsel for the
victim, in the same manner as counsel is provided for an
accused under section 827(b) of this title (article 27), for
any investigation or courts-martial proceeding relating to the
case.
``(2) All communications between a victim and a victim's
advocates or the victim's counsel shall be considered
privileged communications for purposes of the case and any
proceedings relating to the case.
``(3) A victim may appeal the decision of a general court
martial in the case to the appropriate Court of Criminal
Appeals under section 866 of this title (article 66).
``(c) Revision of Manual for Courts-Martial.--The Joint Service
Committee on Military Justice shall amend the Manual for Courts-Martial
to reflect this section, with especially section 306 of such manual
concerning disposition.
``(d) Purpose.--The purpose of this section is to assure proper
treatment of sexual assault cases in military judicial system, remove
cases from chain of command that may contain both victim and accused,
prevent non-judicial punishment and determination being decided in case
by unqualified personnel without legal experience, considers the rights
of the victim.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter XI the following new item:
``940A. Art. 140A. Disposition of rape, sexual assault, sexual
harassment, and domestic violence cases.''.
SEC. 4. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE
UNITED STATES FOR CERTAIN INJURIES RELATING TO OR ARISING
OUT OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
(a) In General.--Chapter 171 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2681. Certain claims by members of the Armed Forces of the
United States
``(a) Notwithstanding section 2680, a claim may be brought against
the United States under this chapter for damages or other appropriate
relief for any act or omission related to or arising out of covered
assaultive conduct or failure to prevent or properly investigate or
prosecute covered assaultive conduct.
``(b) In this section, the term `covered assaultive conduct' means
sexual assault or harassment, domestic violence, assault and battery,
intentional infliction of emotional distress, false imprisonment, or
discrimination or negligent hiring, supervision, promotion, or
retention.
``(c) For purposes of claims brought under this section, in the
case of an act or omission occurring outside the United States--
``(1) the law that applies to the act or omission shall be
the law of the place where the claimant is domiciled within the
United States, or, if there is no place where the claimant is
so domiciled, the law of the place the claimant has identified
as the claimant's home of record for military purposes; and
``(2) any choice-of-law rules which would require the
application of foreign or international law shall be
disregarded.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 171 of title 28, United States Code, is amended by adding at
the end the following:
``2681. Certain claims by members of the Armed Forces of the United
States.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, 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 Committee on the Judiciary, 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 Military Personnel.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
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