```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3435

To amend title 10, United States Code, to improve the prevention of and 
response to sexual assault in the Armed Forces, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2011

 Ms. Speier (for herself, Ms. Bass of California, Mr. Blumenauer, Mr. 
Braley of Iowa, Mr. Butterfield, Ms. Clarke of New York, Mr. Clay, Mr. 
Cleaver, Mr. Davis of Illinois, Ms. DeLauro, Ms. Edwards, Mr. Ellison, 
Ms. Eshoo, Mr. Filner, Mr. Grijalva, Ms. Hahn, Mr. Jackson of Illinois, 
Ms. Lee of California, Ms. Matsui, Mr. George Miller of California, Ms. 
 Norton, Ms. Pingree of Maine, Mr. Rangel, Ms. Richardson, Ms. Roybal-
Allard, Ms. Linda T. Sanchez of California, Ms. Schakowsky, Ms. Sutton, 
   Mr. Thompson of California, Mr. Towns, Mr. Walz of Minnesota, Ms. 
 Woolsey, Mr. Honda, Mr. Heinrich, Mr. Scott of Virginia, Ms. Waters, 
   Mrs. Maloney, Mrs. Lowey, Ms. Moore, Mr. Gutierrez, Mr. Baca, Mr. 
Kucinich, Ms. DeGette, and Mr. Andrews) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To amend title 10, United States Code, to improve the prevention of and 
response to sexual assault in the Armed Forces, 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 ``Sexual Assault Training Oversight 
and Prevention Act'' or the ``STOP Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Department of Defense conducted a survey of members 
        of the Armed Forces serving on active duty that revealed that 
        only 13.5 percent of such members reported incidents of sexual 
        assault, which means that more than 19,000 incidents of sexual 
        assault of members of the Armed Forces actually occurred in 
        2010 alone.
            (2) Despite modest attempts, the Department of Defense has 
        failed to address the chronic under reporting of incidents of 
        sexual assault and harassment, as by the Department's own 
        estimates, 86 percent of sexual assaults went unreported in 
        2010.
            (3) The military adjudication system itself lacks 
        independence, as military judges depend on command, and members 
        of the Armed Forces have only limited access to civilian courts 
        to address their grievances.
            (4) The Cox Commission, sponsored by the National Institute 
        of Military Justice, as well as several other actors, have 
        consistently observed that the United States has fallen behind 
        countries such as Canada and the United Kingdom in terms of its 
        military justice system.
            (5) The military atmosphere is not conducive to resolving 
        issues of sexual assault and harassment, and sexual violence 
        continues to infect the Armed Forces.
            (6) The culture of the United States Armed Forces is based 
        on the chain of command. In a case of sexual assault, a 
        commander may be responsible for both the victim and the 
        offender, or both of their units, or the entire base or ship 
        where the offense occurred. Command discretion empowers a 
        commander to decide if the case goes forward to court martial. 
        The great deference afforded command discretion raises serious 
        concerns about conflicts of interest and the potential for 
        abuse of power.

SEC. 3. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE 
              COUNCIL.

    (a) In General.--Chapter 7 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 188. Sexual Assault Oversight and Response Council
    ``(a) Establishment; Membership.--There is a Sexual Assault 
Oversight and Response Council (hereinafter in this section referred to 
as the `Council'). Composed of a majority of civilians this Council 
shall be independent from the chain of command within the Department of 
Defense.
    ``(b) Membership.--(1) The membership of the Council is comprised 
of individuals selected by the President and the Secretary of Defense 
who are governmental and nongovernmental experts and professionals in 
the judicial and sexual assault fields as follows:
            ``(A) Two members shall be appointed by the Secretary of 
        the Defense from among the Department of Defense personnel who 
        have previously served as military judges in courts-martial 
        cases relating to sexual assault.
            ``(B) One member shall be appointed by the President from 
        among the Department of Justice personnel with expertise in 
        prosecuting cases of sexual assault.
            ``(C) One member shall be appointed by the President who 
        shall have extensive experience advocating for the rights of 
        those sexually assaulted while serving in the Armed Forces.
            ``(D) One member shall be appointed by the President who 
        shall have extensive expertise adjudicating civilian cases of 
        sexual assault.
    ``(2) Members shall be appointed for a term of three years, except 
that a member of the Council appointed to fill a vacancy occurring 
before the end of the term for which the member's predecessor was 
appointed shall only serve until the end of such term. A member may 
serve after the end of the member's term until the member's successor 
takes office.
    ``(c) Chairman; Meetings.--(1) The Council shall elect a chair from 
among its members.
    ``(2) The Council shall meet not less often than once every year.
    ``(d) Administrative Provisions.--(1) Each member of the Council 
who is not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for Executive Schedule Level IV under section 
5315 of title 5, for each day (including travel time) during which such 
member is engaged in the performance of the duties of the Council. 
Members of the Council who are officers or employees of the United 
States shall serve without compensation in addition to that received 
for their services as officers or employees of the United States.
    ``(2) The members of the Council shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
while away from their homes or regular places of business in the 
performance of services for the board.
    ``(e) Responsibilities.--The Council shall be responsible for the 
following matters:
            ``(1) Appointing certain personnel to the Sexual Assault 
        Oversight and Response Office and advising the Sexual Assault 
        Oversight and Response Office.
            ``(2) Appointing, in consultation with the Secretary of 
        Defense, the Director of Military Prosecutions.
            ``(3) Appointing, in consultation with the President and 
        the Secretary of Defense, the Executive Director of the Sexual 
        Assault Oversight and Response Office.
            ``(4) Reviewing each request of the Director of Military 
        Prosecutions with respect to a case stemming from a sexual-
        related offense that has been referred to an appellate court 
        within the military or that has been referred to the Department 
        of Justice.
            ``(5) Submitting to the Secretary of Defense, Congress, and 
        the Attorney General a report on each request by the Director 
        of Military Prosecutions for a referral to a higher court.
            ``(6) Advising the Sexual Assault Oversight and Response 
        Office on--
                    ``(A) the development of sexual assault reporting 
                protocols;
                    ``(B) the development of sexual assault risk-
                reduction and response training;
                    ``(C) the development of sexual assault policy; and
                    ``(D) the effectiveness of the Director of Military 
                Prosecution.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``188. Sexual Assault Oversight and Response Council.''.

SEC. 4. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE 
              OFFICE.

    (a) In General.--Chapter 4 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 145. Sexual Assault Oversight and Response Office
    ``(a) Establishment.--There is in the Department a Sexual Assault 
Oversight and Response Office (hereinafter in this section referred to 
as the `Office'). The head of the Office is the Executive Director of 
the Sexual Assault Oversight and Response Office, who shall be 
appointed by the Secretary of Defense, in consultation with the 
President.
    ``(b) Responsibilities.--The Office shall be responsible for the 
following:
            ``(1) Coordination with appropriate military criminal 
        investigative organizations to carry out investigations of 
        accusations of sexual assault.
            ``(2) Coordination and oversight of the provision of the 
        three fundamental rights of victims of sexual assault, safety, 
        security, and a place to communicate and to be validated.
            ``(3) Determining whether alleged victims or alleged 
        perpetrators of sexual assault should be temporarily reassigned 
        to be separated from the alleged assailant.
            ``(4) Establishing protocols to ensure that all reports of 
        sexual assault are taken out of the chain of command and 
        reported directly to the Office.
            ``(5) Providing instruction in referring alleged victims of 
        sexual assault to the Office to the following personnel:
                    ``(A) Sexual assault coordinators.
                    ``(B) Sexual assault prevention and response victim 
                advocates.
                    ``(C) Health care personnel.
                    ``(D) Chaplains.
                    ``(E) Unit commanders.
                    ``(F) Investigators and law enforcement personnel.
                    ``(G) Judge advocates.
            ``(6) Maintaining the Military Sexual Registry under 
        section 563 of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417).
    ``(c) Coordination of Training.--The Executive Director shall 
coordinate the training efforts of the Office with each of the military 
departments to ensure that all members of the Armed Forces receive--
            ``(1) the contact information for the Sexual Assault 
        Oversight and Response Office for purposes of reporting 
        violations of sexual-related offenses; and
            ``(2) clear, written guidelines regarding who on the Sexual 
        Assault Oversight and Response Office to contact, including the 
        direct telephone number for a victims' advocate, and what steps 
        to take in the event of a sexual assault.
    ``(d) Personnel.--For the purposes of carrying out the 
responsibilities of the Office, the Executive Director of the Sexual 
Assault Oversight and Response Office, in consultation with the Sexual 
Assault Response Council established under section 188 of this title, 
may select, appoint, and employ such officers and employees as may be 
necessary, 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.
    ``(f) Inspector General Reviews.--The Inspector General shall 
conduct case reviews of a statistically significant number of cases 
involving allegations of sexual assault on a quarterly basis to 
determine if proper procedures were followed in accordance with the 
sexual assault protocols and guidelines within the Sexual Assault 
Oversight and Response Office.
    ``(g) Report to Congress.--The Executive Director shall submit to 
Congress an annual report on sexual assault in the Armed Forces.
    ``(h) Definition of Military Criminal Investigative Organization.--
In this section, the term `military criminal investigative 
organization' means the Army Criminal Investigation Command, the Naval 
Criminal Investigative Service, and the Air Force Office of Special 
Investigations.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``145. Sexual Assault Oversight and Response Office.''.
    (c) Transfer of Function.--All functions and personnel of the 
Sexual Assault Prevention and Response Office of the Department of 
Defense, as of the date of the enactment of this Act, shall be 
transferred to the Sexual Assault Oversight and Response Office 
established by section 145 of title 10, United States Code, as added by 
subsection (a).

SEC. 5. DIRECTOR OF MILITARY PROSECUTIONS.

    (a) In General.--Chapter 47 of title 10, United States Code, is 
amended by inserting after section 940 the following new section:
``Sec. 940A. Art. 140A. Director of Military Prosecutions
    ``(a) Appointment.--There is a Director of Military Prosecutions 
who shall be appointed by the Sexual Assault Oversight and Response 
Council established under section 188 of this title.
    ``(b) Responsibilities.--Notwithstanding any other provision of 
this chapter, the Director of Military Prosecutions shall have 
independent and final authority to oversee the prosecution of all 
sexual-related offenses committed by a member of the Armed Forces and 
shall refer cases to be tried by courts-martial. The Director may, at 
any time prior to the judge rendering a verdict, request that the 
sexual-related offense be referred to a military appellate court or 
referred to the Department of Justice. The Director shall be the 
convening authority for all sexual-related offenses and shall determine 
the type of court-martial to which each such case will be referred. 
Members of a court-martial shall be selected by a court-martial 
administrator at the request of the Director.
    ``(c) Sexual-Related Offense.--In this section, the term `sexual-
related offense' means--
            ``(1) rape;
            ``(2) aggravated sexual assault;
            ``(3) abusive sexual contact;
            ``(4) indecent assault;
            ``(5) nonconsensual sodomy;
            ``(6) an attempt to commit an offense described in any of 
        paragraphs (1) through (5); and
            ``(7) any other sexual offense the Secretary determines is 
        appropriate.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
940 the following new item:

``940A. Art. 140A. Director of Military Prosecutions.''.

SEC. 6. INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED 
              FORCES.

    Section 563 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417) is amended by striking 
subsections (a) and (b) and inserting the following new subsections:
    ``(a) Military Sexual Registry.--
            ``(1) Database required.--The Secretary of Defense shall 
        implement a centralized, case-level database, to be known as 
        the `Military Sexual Registry', for the collection, in a manner 
        consistent with Department of Defense regulations for 
        restricted reporting, and maintenance of information regarding 
        sexual assaults involving a member of the Armed Forces, 
        including information, if available, about the nature of the 
        assault, the victim, the offender, and the outcome of any legal 
        proceedings in connection with the assault. The Secretary shall 
        consult with the Attorney General to ensure that the Military 
        Sexual Registry is designed to facilitate the reporting of 
        relevant information about individuals included in the database 
        to the Department of Justice for inclusion in 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).
            ``(2) Information required.--The Military Sexual Registry 
        shall include the following information about each individual 
        who is a member of the Armed Forces who is convicted of 
        committing a sexual assault:
                    ``(A) The name of the individual, including any 
                alias used by the individual.
                    ``(B) All relevant aspects of the case against the 
                individual.
                    ``(C) The Social Security number of the individual.
                    ``(D) The address of each residence where the 
                individual resides or plans to reside.
                    ``(E) The license plate number and a description of 
                any vehicle owned or operated by the individual.
                    ``(F) A criminal history of the individual, 
                including the date of all sexual offenses committed by 
                the individual, the date of any conviction of the 
                individual for a sexual offense, and the status of the 
                individual's parole, probation, or supervised release.
                    ``(G) A DNA sample of the individual.
                    ``(H) A current photograph of the individual.
                    ``(I) Any other information required by the 
                Secretary.
    ``(b) Location of Database.--The Military Sexual Registry shall be 
housed at and maintained by the Sexual Assault Oversight and Response 
Office of the Department of Defense under section 145 of title 10, 
United States Code.''.
                                 <all>
```