I 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Military Domestic and Sexual Violence Response Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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 


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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. 

1 TITLE I—VICTIMS’ ADVOCATE 

2 PROGRAMS IN THE DEPART3 MENT OF DEFENSE 

4 Subtitle A—Definitions 

5 SEC. 101. DEFINITIONS RELATING TO SEXUAL ASSAULT, 

6 DOMESTIC VIOLENCE, ETC., IN THE MILI7 TARY. 

8 (a) IN GENERAL.—Chapter 1 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 


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1 ‘‘§ 102. Definitions relating to sexual assault, domes2 tic violence, etc. 

3 ‘‘(a) DEFINITIONS RELATING TO CONDUCT.—The 

4 following definitions apply in this title: 

5 ‘‘(1) SEXUAL ASSAULT.—The term ‘sexual as6 sault’ has the meaning given that term in section 

7 2003(6) of title I of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(6)). 

9 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes10 tic violence’ has the meaning given that term in sec11 tion 2003 of title I of the Omnibus Crime Control 

12 and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

13 2). 

14 ‘‘(3) FAMILY VIOLENCE.—The term ‘family vio15 lence’ has the meaning given that term in section 

16 320(1) of the Family Violence Prevention and Serv17 ices Act (42 U.S.C. 10421(1)). 

18 ‘‘(4) STALKING.—The term ‘stalking’ means 

19 engaging in a course of conduct as proscribed in 

20 chapter 110A of title 18, as directed at a specific 

21 person that would cause a reasonable person to fear 

22 death, sexual assault, or bodily injury to himself or 

23 herself or a member of his or her immediate family 

24 when— 

25 ‘‘(A) the person engaging in such conduct 

26 has knowledge or should have knowledge that 


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1 the specific person will be placed in reasonable 

2 fear of death, sexual assault, or bodily injury to 

3 himself or herself or a member of his or her im4 mediate family; and 

5 ‘‘(B) the conduct induces fear in the spe6 cific person of death, sexual assault, or bodily 

7 injury to himself or herself or a member of his 

8 or her immediate family. 

9 ‘‘(5) SEXUAL VIOLENCE.—The term ‘sexual vio10 lence’ means any of the following: 

11 ‘‘(A) Sexual abuse. 

12 ‘‘(B) Sexual assault. 

13 ‘‘(C) Sexual battery. 

14 ‘‘(D) Rape. 

15 ‘‘(6) SEXUAL HARASSMENT.—The term ‘sexual 

16 harassment’ means any conduct involving sexual 

17 harassment that— 

18 ‘‘(A) in the case of conduct of a person 

19 who is subject to the provisions of chapter 47 

20 of this title (the Uniform Code of Military Jus21 tice), comprises a violation of a provision of 

22 subchapter X of such chapter (relating to puni23 tive articles of such Code) or an applicable reg24 ulation, directive, or guideline regarding sexual 

25 harassment that is prescribed by the Secretary 


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1 of Defense or the Secretary of a military de2 partment; and 

3 ‘‘(B) in the case of an employee of the De4 partment of Defense or a family member sub5 ject to the jurisdiction of the Secretary of De6 fense or of the Secretary of a military depart7 ment, comprises a violation of a regulation, di8 rective, or guideline that is applicable to such 

9 employee or family member. 

10 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio11 lence’ means violence committed by a person who is 

12 or has been in a social relationship of a romantic or 

13 intimate nature with the victim. 

14 ‘‘(b) DEFINITIONS RELATING TO VICTIMS.—The fol15 lowing definitions apply in this title: 

16 ‘‘(1) VICTIM.—The term ‘victim’ means a per17 son who is a victim of sexual assault, domestic vio18 lence, family violence, stalking, or sexual misconduct 

19 committed— 

20 ‘‘(A) by or upon a member of the armed 

21 forces; 

22 ‘‘(B) by or upon a family member of a 

23 member of the armed forces; 


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1 ‘‘(C) by or upon a person who shares a 

2 child in common with a member of the armed 

3 forces; 

4 ‘‘(D) by or upon a person who is cohab5 iting with or has cohabited as a spouse with a 

6 member of the armed forces; 

7 ‘‘(E) by or upon a person similarly situ8 ated to a spouse of a member of the armed 

9 forces; or 

10 ‘‘(F) by or upon any other person who is 

11 protected from the acts of a member of the 

12 armed forces or an officer or employee of the 

13 Department of Defense in the official capacity 

14 of that member, officer, or employee. 

15 ‘‘(2) REPRESENTATIVE OF THE VICTIM.—The 

16 term ‘representative of the victim’ means, with re17 spect to a victim who is deceased, the person who is 

18 listed first among the following (other than a person 

19 who is considered a perpetrator with respect to the 

20 victim): 

21 ‘‘(A) The surviving spouse. 

22 ‘‘(B) A surviving child of the decedent who 

23 has attained 18 years of age. 

24 ‘‘(C) A surviving parent of the decedent. 

25 ‘‘(D) A surviving adult relative. 


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1 ‘‘(E) The public administrator appointed 

2 by a probate court, if one has been appointed. 

3 ‘‘(3) PARTNER.—The term ‘partner’ means any 

4 of the following: 

5 ‘‘(A) A person who is or has been in a so6 cial relationship of a romantic or intimate na7 ture with another. 

8 ‘‘(B) A person who shares a child in com9 mon with another person. 

10 ‘‘(C) A person who is cohabiting with or 

11 has cohabited as a spouse by regularly residing 

12 in the household. 

13 ‘‘(D) A person similarly situated to a 

14 spouse. 

15 ‘‘(E) A former spouse. 

16 ‘‘(c) DEFINITIONS RELATING TO PROGRAMS AND OR17 GANIZATIONS.—The following definitions apply in this 

18 title: 

19 ‘‘(1) VICTIMS’ ADVOCATES PROGRAM.—The 

20 term ‘victims’ advocates program’ means a program 

21 established within a military department pursuant to 

22 section 1814(a) of this title. 

23 ‘‘(2) FAMILY ADVOCACY PROGRAM.—The term 

24 ‘family advocacy program’ has the meaning provided 

25 in Department of Defense Directive 6400.1, issued 


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1 by the Office of Family Policy of the Department of 

2 Defense established by section 1781 of this title. 

3 ‘‘(3) VICTIM SERVICES ORGANIZATION.—The 

4 term ‘victim services organization’ means an organi5 zation (whether public or private) that provides ad6 vice, counseling, or assistance to victims of domestic 

7 violence, family violence, dating violence, stalking, or 

8 sexual assault, or to the families of such victims. 

9 ‘‘(d) OTHER.—The following definitions apply in this 

10 title: 

11 ‘‘(1) PERSONALLY IDENTIFYING INFORMA12 TION.—The term ‘personally identifying information’ 

13 has the meaning given that term in section 1816(b) 

14 of this title. 

15 ‘‘(2) ELECTRONIC COMMUNICATION.—The term 

16 ‘electronic communication’ has the meaning given 

17 that term in paragraph (12) of section 2510 of title 

18 18. 

19 ‘‘(3) TRANSITIONAL HOUSING.—The term 

20 ‘transitional housing’ includes short-term housing 

21 and has the meaning given that term in section 

22 424(b) of the McKinney-Vento Homeless Assistance 

23 Act (42 U.S.C. 11384(b)). 

24 ‘‘(4) COMPLAINT.—The term ‘complaint’, with 

25 respect to an allegation of family violence, sexual asVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 sault, stalking, or domestic violence, includes a re2 port of such allegation. 

3 ‘‘(5) MILITARY LAW ENFORCEMENT OFFI4 CIAL.—The term ‘military law enforcement official’ 

5 means a person authorized under regulations gov6 erning the armed forces to apprehend persons sub7 ject to chapter 47 of this title (the Uniform Code of 

8 Military Justice) or to trial thereunder. 

9 ‘‘(e) PROOF OF RELATIONSHIP.—For purposes of 

10 subsection (a)(7) (relating to dating violence) and sub11 section (b)(3) (relating to partners), the existence of a re12 lationship as described in that subsection shall be deter13 mined based on a consideration of— 

14 ‘‘(1) the length of the relationship; 

15 ‘‘(2) the type of relationship; and 

16 ‘‘(3) the frequency of interaction between the 

17 persons involved in the relationship.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘102. Definitions relating to sexual assault, domestic violence, etc.’’. 

21 (c) INCORPORATION FOR THIS ACT.—The provisions 

22 of section 102 of title 10, United States Code, as added 

23 by subsection (a), apply to the provisions of this Act not 

24 enacted as an amendment to such title. 


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1 Subtitle B—Office of Victims’ Advo2 cate and Department of Defense 

3 Interdisciplinary Council 

4 SEC. 111. OFFICE OF THE VICTIMS’ ADVOCATE. 

5 (a) IN GENERAL.—Part II of subtitle A of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new chapter: 

8 ‘‘CHAPTER 90—OFFICE OF THE VICTIMS’

9 ADVOCATE 

‘‘Sec. 1811. Office of the Victims’ Advocate: establishment; Director. 

‘‘Sec. 1812. Office of the Victims’ Advocate: responsibilities. 

‘‘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. 

‘‘Sec. 1814. Victims’ advocates programs in the military departments. 

‘‘Sec. 1815. Office of the Victims’ Advocate: access. 

‘‘Sec. 1816. Office of the Victims’ Advocate: confidentiality. 

‘‘Sec. 1817. Office of the Victims’ Advocate: victim protection actions. 

‘‘Sec. 1818. Office of the Victims’ Advocate: victims advocates whistleblower 

protections. 

‘‘Sec. 1819. Office of the Victims’ Advocate: annual assessment. 

‘‘Sec. 1820. Office of the Victims’ Advocate: annual report. 

‘‘Sec. 1821. Requirements on use of funds. 

10 ‘‘§ 1811. Office of the Victims’ Advocate: establish11 ment; Director 

12 ‘‘(a) ESTABLISHMENT.—There is in the Office of the 

13 Secretary of Defense an Office of the Victims’ Advocate 

14 (hereinafter in this chapter referred to as the ‘Office’). 

15 ‘‘(b) DIRECTOR.—(1) The head of the Office is a Di16 rector, who shall be a person with knowledge of victims’ 

17 rights, advocacy, social services, and Federal, State, and 

18 military systems. The Director shall oversee the victims’ 


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1 advocate programs and the family advocacy programs of 

2 the Department of Defense. 

3 ‘‘(2) The Director shall be a person who is qualified 

4 by training and expertise to perform the responsibilities 

5 of the Director and who has a significant level of experi6 ence in advocacy for victims of sexual assault, domestic 

7 violence, family violence, and stalking. 

8 ‘‘(3) The position of Director is a Senior Executive 

9 Service position. The Secretary of Defense shall designate 

10 the position as a career reserved position under section 

11 3132(b) of title 5. 

12 ‘‘(4) The Secretary of Defense shall consult with the 

13 interdisciplinary council established under section 185 of 

14 this title in the appointment of the Director. 

15 ‘‘(c) VICTIMS ADVOCATES.—(1) Victims advocates 

16 shall be assigned to, employed by, or contracted for by 

17 the Director and shall be assigned to the Director. 

18 ‘‘(2) Victim advocates shall be qualified by training, 

19 expertise, and certification to perform the responsibilities 

20 of the position and possessing a significant level of knowl21 edge relative to the armed forces and experience in advo22 cacy for victims of sexual assault, domestic violence, fam23 ily violence, and stalking. 

24 ‘‘(3) The victim advocates report to the Director or 

25 to the Director’s designee within the Office. 


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1 ‘‘§ 1812. Office of the Victims’ Advocate: responsibil2 ities 

3 ‘‘(a) GENERAL FUNCTIONS.—(1) The Office shall fa4 cilitate access to services for victims of domestic violence, 

5 family violence, sexual assault, and stalking. 

6 ‘‘(2) The Office shall provide for victim advocates in 

7 the Department of Defense for purposes of victims’ advo8 cates programs of the Department. Victims advocates may 

9 be Department of Defense employees or contractor em10 ployees. The Director shall ensure that victim advocates 

11 receive or have received specialized training in the coun12 seling and support of victims. 

13 ‘‘(b) QUALIFICATIONS OF VICTIM ADVOCATES.—In 

14 order to be employed as a victim advocate by the Depart15 ment of Defense or under a contract with the Department 

16 of Defense, an individual— 

17 ‘‘(1) must have a degree in counseling or a re18 lated field or have one year of counseling experience, 

19 at least six months of which must have been in the 

20 counseling of sexual assault or domestic violence vic21 tims; and 

22 ‘‘(2) must have had at least 60 hours of train23 ing as specified by regulations prescribed by the Di24 rector, including training in the following areas: 

25 ‘‘(A) History of domestic violence and sex26 ual assault. 


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1 ‘‘(B) Civil, criminal, and military law as it 

2 relates to domestic violence and sexual assault. 

3 ‘‘(C) Societal attitudes. 

4 ‘‘(D) Peer counseling techniques. 

5 ‘‘(E) Housing. 

6 ‘‘(F) Public and private assistance avail7 able to victims. 

8 ‘‘(G) Financial resources for victims. 

9 ‘‘(H) Safety and protection resources for 

10 victims. 

11 ‘‘(I) Victim and transitional compensation. 

12 ‘‘(J) Benefits. 

13 ‘‘(K) Referral services available to victims. 

14 ‘‘(L) Military culture and an under15 standing of how to operate within a military 

16 chain of command. 

17 ‘‘(c) HEALTH CARE ASSISTANCE.—Upon request of 

18 a victim of domestic violence, family violence, sexual as19 sault, or stalking, the Director shall assist the victim in 

20 obtaining from any facility of the uniformed services or 

21 any other health care facility of the United States or, by 

22 contract, from any other source, medical services, coun23 seling, and other mental health services appropriate for 

24 treatment of injuries resulting from the domestic violence, 


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1 family violence, sexual assault, or stalking, as otherwise 

2 authorized by law, including— 

3 ‘‘(1) rape evidence kits; 

4 ‘‘(2) DNA testing; 

5 ‘‘(3) sexually transmitted diseases screening and 

6 treatment; 

7 ‘‘(4) HIV screening and treatment; 

8 ‘‘(5) pregnancy testing; 

9 ‘‘(6) methods of pregnancy prevention approved by 

10 the Food and Drug Administration; 

11 ‘‘(7) reproductive health services; and 

12 ‘‘(8) other mental and physiological results of the do13 mestic violence, sexual assault, or stalking. 

14 ‘‘(d) GENERAL COORDINATION FUNCTIONS.—The 

15 Director shall coordinate programs and activities of the 

16 military departments relative to services and treatment for 

17 victims of domestic violence, family violence, sexual as18 sault, and stalking. 

19 ‘‘(e) EVALUATION AND REVIEW RESPONSIBIL20 ITIES.—The Director shall carry out the following ongoing 

21 evaluations and reviews: 

22 ‘‘(1) Evaluation of the policies and protocols es23 tablished by the military departments providing serv24 ices and treatment referred to in subsection (e), with 


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1 a view towards the rights of victims of domestic vio2 lence, family violence, sexual assault, and stalking. 

3 ‘‘(2) Evaluation of the programs established by 

4 the military departments providing services to vic5 tims of domestic violence, family violence, sexual as6 sault, and stalking. 

7 ‘‘(3) Evaluation of the delivery of services of 

8 the military departments that provide services and 

9 treatment to victims of domestic violence, family vio10 lence, sexual assault, and stalking through funds 

11 provided by the Department of Defense, Department 

12 of Justice, or Department of Health and Human 

13 Services. 

14 ‘‘(4) Annual review of the facilities of the De15 partment of Defense providing services to victims of 

16 domestic violence, family violence, sexual assault, or 

17 stalking. 

18 ‘‘(5) Annual review of the National Domestic 

19 Violence Hotline, the National Sexual Assault Hot20 line, and the American Women Overseas Hotline rel21 ative to projects for military personnel, families, and 

22 partners and for victims of domestic violence, family 

23 violence, sexual assault, or stalking. 

24 ‘‘(6) Annual review of the victim witness assist25 ance programs within the Department of Defense. 


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1 ‘‘(7) Review of information from an individual 

2 (and of any investigation resulting from the submis3 sion of such information) indicating that a victim 

4 may be in need of, or would benefit from, assistance 

5 from a victim advocate. 

6 ‘‘(f) EDUCATION AND TRAINING RESPONSIBIL7 ITIES.—(1) The Director shall conduct, or provide for the 

8 conduct of, training and shall provide technical assistance 

9 related to domestic violence, family violence, sexual as10 sault, and stalking within the military departments. Such 

11 training shall be mandatory, as prescribed by the Director, 

12 except to the extent necessary due to military exigencies. 

13 ‘‘(2) The Director shall develop curricula for manda14 tory training of personnel, including first responders, secu15 rity forces, law enforcement, medical personnel, command 

16 staff, military justice personnel, and military criminal in17 vestigators. 

18 ‘‘(3) The Director shall conduct education and out19 reach programs. Such programs shall include the develop20 ment and distribution of brochures, booklets, posters, and 

21 handbooks outlining hotlines, services, contact informa22 tion, policies, and protocols for victims. 


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1 ‘‘§ 1813. Office of the Victims’ Advocate: comprehen2 sive policy on prevention of and response 

3 to domestic violence, family violence, sex4 ual assault and stalking involving mem5 bers of the armed forces and their fami6 lies and partners 

7 ‘‘(a) RESPONSIBILITY.—The Secretary of Defense, 

8 acting through the Director of the Office, shall implement 

9 the comprehensive policy developed pursuant to subsection 

10 (c), subject to such modifications as the Secretary con11 siders advisable. 

12 ‘‘(b) APPLICATION OF COMPREHENSIVE POLICY TO

13 MILITARY DEPARTMENTS.—The Secretary shall ensure 

14 that, to the maximum extent practicable, the policy imple15 mented pursuant to subsection (a) is implemented uni16 formly by the Secretaries of the military departments. 

17 ‘‘(c) POLICY.—(1) The Director shall recommend to 

18 the Secretary of Defense a comprehensive policy on pre19 vention of and response to domestic violence, family vio20 lence, sexual assault and stalking involving members of 

21 the armed forces and their families and partners. The 

22 comprehensive policy should be as uniform as practicable 

23 throughout the Department of Defenses and shall, to the 

24 extent feasible, incorporate and strengthen policies pre25 viously in existence. 


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1 ‘‘(2) To the extent feasible, the comprehensive policy 

2 shall set forth policies and procedures with respect to each 

3 of domestic violence, family violence, sexual assault, and 

4 stalking in each of the following areas: 

5 ‘‘(A) Prevention measures. 

6 ‘‘(B) Education and training on prevention and 

7 response. 

8 ‘‘(C) Investigation of complaints by command 

9 and law enforcement personnel. 

10 ‘‘(D) Medical treatment of victims. 

11 ‘‘(E) Confidential reporting of incidents. 

12 ‘‘(F) Victim advocacy and response. 

13 ‘‘(G) Oversight by commanders of administra14 tive and disciplinary actions in response to substan15 tiated incidents. 

16 ‘‘(H) Disposition of victims, including review by 

17 appropriate authority of administrative separation 

18 actions involving victims. 

19 ‘‘(I) Disposition of members of the armed 

20 forces accused of domestic violence, family violence, 

21 sexual assault, or stalking. 

22 ‘‘(J) Liaison and collaboration with civilian 

23 agencies on the provision of services to victims. 

24 ‘‘(K) Uniform collection of data on the inci25 dence of complaints of domestic violence, family vioVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 lence, sexual assault, and stalking and on discipli2 nary actions taken in those cases, with such data to 

3 be disaggregated by service and by major installa4 tion. 

5 ‘‘(3) The comprehensive policy shall include for each 

6 of the military departments the following: 

7 ‘‘(A) A program to promote awareness of the 

8 incidence of domestic violence, family violence, sex9 ual assault, and stalking involving members of the 

10 armed forces. 

11 ‘‘(B) A program to provide victim advocacy and 

12 intervention for members of the armed forces who 

13 are victims of domestic violence, family violence, sex14 ual assault, and stalking, which program shall make 

15 available, at military installations and in deployed lo16 cations, victims advocates who are readily available 

17 to intervene on behalf of such victims. 

18 ‘‘(C) Procedures for members of the armed 

19 forces to follow in the case of an incident of domes20 tic violence, family violence, sexual assault, or stalk21 ing involving a member of the armed forces, includ22 ing— 

23 ‘‘(i) procedures for confidential reporting 

24 and for seeking services with victim advocates; 


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1 ‘‘(ii) specification of the person or persons 

2 to whom the alleged offense should be reported; 

3 ‘‘(iii) specification of any other person 

4 whom the victim should contact; and 

5 ‘‘(iv) procedures for the preservation of 

6 evidence. 

7 ‘‘(D) Procedures for disciplinary action in cases 

8 of domestic violence, family violence, sexual assault, 

9 and stalking by members of the armed forces. 

10 ‘‘(E) Other sanctions authorized to be imposed 

11 in cases of sexual assault by members of the armed 

12 forces. 

13 ‘‘(F) Training for all members of the armed 

14 forces, including specific training for members of the 

15 armed forces who process allegations of domestic vi16 olence, family violence, sexual assault, and stalking 

17 committed by or upon members of the armed forces. 

18 ‘‘(G) Any other matter that the Secretary of 

19 Defense, in consultation with the Director of the Of20 fice of the Victims’ Advocate, considers appropriate. 

21 ‘‘(d) RECOMMENDATIONS.—The Director shall from 

22 time to time recommend to the Secretary of Defense revi23 sions to Department of Defense policies, personnel, and 

24 procedures for dealing with domestic violence, family vio25 lence, sexual assault, and stalking based on evaluations 


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1 carried out under section 1818(b) of this title and as the 

2 Director considers appropriate. 

3 ‘‘(e) PROCEDURES TO PROTECT CONFIDENTIAL

4 COMMUNICATIONS.—The Director shall establish proce5 dures to implement the protection of confidential commu6 nications provided under section 1816 of this title. 

7 ‘‘§ 1814. Victims’ advocates programs in the military 

8 departments 

9 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De10 fense, acting through the Director of the Office, shall re11 quire that policies and regulations of the Department of 

12 Defense with respect to the programs of the Department 

13 of Defense specified in paragraph (2) provide within each 

14 of the military departments a victims’ advocates program. 

15 ‘‘(2) Programs referred to in paragraph (1) are the 

16 following: 

17 ‘‘(A) Victim and witness assistance programs. 

18 ‘‘(B) Family advocacy programs. 

19 ‘‘(C) Equal opportunity programs. 

20 ‘‘(3) In the case of the Department of the Navy, sepa21 rate victims’ advocates programs shall be established for 

22 the Navy and for the Marine Corps. 

23 ‘‘(b) PURPOSE.—A victims’ advocates program estab24 lished pursuant to subsection (a) shall provide assistance 

25 described in subsection (d) to members of the armed 


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1 forces and their family members and partners who are vic2 tims of any of the following: 

3 ‘‘(1) Crime. 

4 ‘‘(2) Sexual, physical, or emotional abuse. 

5 ‘‘(3) Discrimination or harassment based on 

6 race, gender, ethnic background, national origin, or 

7 religion. 

8 ‘‘(c) ASSISTANCE.—(1) Under a victims’ advocates 

9 program established under subsection (a), individuals 

10 working in the program shall principally serve the inter11 ests of a victim by initiating action to provide the fol12 lowing: 

13 ‘‘(A) Crisis intervention. 

14 ‘‘(B) Screening and evaluation of the needs of 

15 victims of domestic violence, family violence, sexual 

16 assault, and stalking. 

17 ‘‘(C) Information on safe and confidential ways 

18 to seek assistance to address domestic violence, fam19 ily violence, sexual assault, and stalking. 

20 ‘‘(D) Information on available services within 

21 the military departments and civilian communities. 

22 ‘‘(E) Assistance in obtaining the services re23 ferred to in subparagraph (D), including medical 

24 treatment for injuries. 


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1 ‘‘(F) Appropriate referrals to military and civil2 ian community-based domestic violence programs 

3 and sexual assault victim service providers with the 

4 capacity to support servicemembers, family mem5 bers, or partners. 

6 ‘‘(G) Information on legal rights and resources 

7 for personnel, family members, or partners in both 

8 the military and civilian programs. 

9 ‘‘(H) Development and coordination of a safety 

10 plan with appropriate assistance and intervention 

11 components including, law enforcement, command, 

12 and Family Advocacy Program. 

13 ‘‘(I) Advocacy for victims specified in subsection 

14 (b), including assistance in obtaining and entering 

15 no contact orders from military commands or orders 

16 of protection from a court of appropriate jurisdic17 tion, respectively. 

18 ‘‘(J) Information on benefits, including Depart19 ment of Defense transitional compensation, victims 

20 of crime compensation, and veterans’ benefits. 

21 ‘‘(K) Coordination among services, including 

22 medical, legal, and psychological counseling. 

23 ‘‘(L) Education. 

24 ‘‘(M) Transportation. 

25 ‘‘(N) Pre-trial, trial, and post-trial support. 


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1 ‘‘(2) Under a victims’ advocates program established 

2 under subsection (a), an individual working in the pro3 gram as a victim advocate shall carry out the following 

4 functions: 

5 ‘‘(A) Serve as a voting member of the case re6 view committee of the Department of Defense for 

7 any case to which the victim advocate is assigned. 

8 ‘‘(B) Serve as a liaison with civilian community9 based service providers. 

10 ‘‘(C) Provide for confidential handling of all 

11 documents or conversations relative to victim care, 

12 services, benefits, and treatment. 

13 ‘‘(D) Provide advocacy for the expressed inter14 est and safety of a victim during testimony in a 

15 court-martial or civilian judicial system. 

16 ‘‘(E) Provide follow-up to all identified victims 

17 (including those who have declined services) three 

18 months following initial contact to ascertain whether 

19 further intervention is, or is not, warranted. 

20 ‘‘(F) Provide other appropriate assistance. 

21 ‘‘(3) Services under such a program in the case of 

22 an individual who is a victim of family violence (including 

23 sexual, physical, and emotional abuse) shall be provided 

24 principally through the Office. 


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1 ‘‘(d) STAFFING.—The Secretary of Defense, acting 

2 through the Director of the Office, shall provide for the 

3 assignment of personnel (military or civilian) on a full4 time basis to victims’ advocates programs established 

5 under subsection (a). The Secretary, acting through the 

6 Director, shall ensure that sufficient numbers of such full7 time personnel are assigned to those programs to enable 

8 the programs to be carried out effectively, including the 

9 assignment of victim advocates to deployed units. 

10 ‘‘§ 1815. Office of the Victims’ Advocate: access 

11 ‘‘(a) ACCESS TO SENIOR OFFICIALS.—The Director 

12 of the Office shall have direct and prompt access to any 

13 of the following when necessary for any purpose pertaining 

14 to the performance of the Director’s duties: 

15 ‘‘(1) The Judge Advocate General of the Army, 

16 Navy, or Air Force or the Staff Judge Advocate to 

17 the Commandant of the Marine Corps. 

18 ‘‘(2) The Surgeon General of the Army, Navy, 

19 or the Air Force. 

20 ‘‘(3) The Chief of Chaplains of the Army, Navy, 

21 or the Air Force. 

22 ‘‘(4) The senior general or flag officer of one of 

23 the Armed Forces with responsibility specifically for 

24 personnel. 


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1 ‘‘(b) ACCESS TO INFORMATION.—The Director shall 

2 have direct and prompt access to the following: 

3 ‘‘(1) The name and location of a victim receiv4 ing services, treatment, or other assistance under 

5 the jurisdiction of a military department. 

6 ‘‘(2) Any written report of sexual assault, sex7 ual misconduct, domestic violence, family violence, or 

8 stalking prepared by a military department. 

9 ‘‘(3) Victim case files, subject to written au10 thorization of the victim, in records of law enforce11 ment, criminal investigative organizations, health 

12 care providers, and command and Family Advocacy 

13 Programs, as may be necessary to carry out the re14 sponsibilities of the Office. 

15 ‘‘(c) CONFIDENTIALITY.—To the extent that any in16 formation covered by subsection (b) provides the name and 

17 address of an individual who is the subject of a confiden18 tial proceeding, that name and address (and related infor19 mation that has the effect of identifying that individual) 

20 may not be released to the public without the informed 

21 written consent of such individual. 

22 ‘‘§ 1816. Office of the Victims’ Advocate: confiden23 tiality 

24 ‘‘(a) CONFIDENTIALITY.—(1) Except as provided in 

25 paragraph (2), in order to ensure the safety of victims of 


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1 domestic violence, family violence, sexual assault, sexual 

2 misconduct, or stalking and their families, the Director 

3 shall protect the confidentiality and privacy of persons re4 ceiving services. The Director may not disclose any per5 sonally identifying information or individual information 

6 collected in connection with services requested, used, or 

7 denied through its programs. The Director may not reveal 

8 individual victim information without the informed, writ9 ten, reasonably time-limited consent of the person (or in 

10 the case of unemancipated minor, the minor and the par11 ent or guardian) about whom information is sought. 

12 ‘‘(2) If release of information referred to in para13 graph (1) is compelled by law or by court order, the Direc14 tor shall make reasonable attempts to provide notice to 

15 victims affected by the disclosure of the information. If 

16 such personally identifying information is or will be re17 vealed, the Director shall take steps necessary to protect 

18 the privacy and safety of the persons affected by the re19 lease of the information. 

20 ‘‘(3) The Director may share nonpersonally identi21 fying data in the aggregate regarding services to victims 

22 and nonpersonally identifying demographic information in 

23 order to comply with reporting, evaluation, or data collec24 tion requirements of the armed forces or of Federal, State, 


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1 or local or tribal government or the government of the Dis2 trict of Columbia or any territory or commonwealth. 

3 ‘‘(4) The Director may share court-generated infor4 mation contained in secure, governmental registries for 

5 purposes of enforcement of protection orders. 

6 ‘‘(b) PERSONALLY IDENTIFYING INFORMATION.—In 

7 this section, the term ‘personally identifying information’ 

8 means the following information about an individual: 

9 ‘‘(1) A first and last name. 

10 ‘‘(2) A home or other physical address, includ11 ing street name and name of city or town. 

12 ‘‘(3) An email address or other online contact 

13 information, such as an instant messaging user iden14 tifier or a screen name, that reveals the individual’s 

15 email address. 

16 ‘‘(4) A telephone number. 

17 ‘‘(5) A Social Security Number. 

18 ‘‘(6) An Internet Protocol (IP) address or host 

19 name that identifies an individual. 

20 ‘‘(7) A persistent identifier, such as a customer 

21 number held in a cookie or processor serial number, 

22 that is combined with other available data that iden23 tifies an individual. 

24 ‘‘(8) If the individual is a member or former 

25 member of the armed forces— 


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1 ‘‘(A) the status of the individual as a 

2 member of an active component or reserve com3 ponent or as a veteran; 

4 ‘‘(B) the individual’s current or most re5 cent grade, rate, or rank; 

6 ‘‘(C) the individual’s current or most re7 cent duty station or deployment status; and 

8 ‘‘(D) the individual’s current or most re9 cent unit at a level below regiment (or the 

10 equivalent), numbered air force (or the equiva11 lent), or numbered fleet (or the equivalent). 

12 ‘‘(9) Any other information, including grade 

13 point average, date of birth, academic or occupa14 tional assignments or interests, athletic or extra15 curricular interests, racial or ethnic background, or 

16 religious affiliation, that, in combination with infor17 mation specified in any of paragraphs (1) through 

18 (8), would serve to identify an individual. 

19 ‘‘§ 1817. Office of the Victims’ Advocate: victim pro20 tection actions 

21 ‘‘(a) ORDERS OF PROTECTION.—The Director of the 

22 Office of the Victims’ Advocate, when authorized by a vic23 tim of sexual misconduct, sexual assault, family violence, 

24 domestic violence, or stalking, shall assist the victim in 

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1 tact order or from a court of appropriate jurisdiction an 

2 order of protection, respectively, to safeguard the victim 

3 from additional physical or emotional harm. 

4 ‘‘(b) REMOVAL OF AN ALLEGED OFFENDER.—If the 

5 Director determines that it is appropriate to do so in order 

6 to ensure the safety of a victim, the Director may request 

7 from the appropriate commanding officer an order for the 

8 relocation or reassignment of an alleged offender who is 

9 a member of the armed forces during an investigation, dis10 ciplinary action, or court-martial in order to ensure the 

11 safety of a victim. 

12 ‘‘§ 1818. Office of the Victims’ Advocate: victims advo13 cates whistleblower protections 

14 ‘‘(a) WHISTLEBLOWER PROTECTIONS.—(1) No per15 son may restrict a victim advocate within the Department 

16 of Defense in communicating with a victim or survivor of 

17 domestic violence, sexual assault, family violence, or stalk18 ing. 

19 ‘‘(2) Paragraph (1) does not apply to a communica20 tion that is unlawful. 

21 ‘‘(b) PROHIBITION OF RETALIATORY PERSONNEL

22 ACTIONS.—No person may take or threaten to take an 

23 unfavorable personnel action, or withhold or threaten to 

24 withhold a favorable personnel action, against a victim ad25 vocate as a reprisal for— 


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1 ‘‘(1) providing services to victims and survivors 

2 of domestic violence, sexual assault, family violence, 

3 intimate partner violence, or stalking; 

4 ‘‘(2) a communication to a Member of Congress 

5 or an Inspector General; 

6 ‘‘(3) a communication with a military law en7 forcement officer or official, a military criminal in8 vestigator, a judge advocate, or an officer in the 

9 chain of command; 

10 ‘‘(4) a communication with civilian law enforce11 ment, county, State, or United States attorneys, 

12 court officials, probation officers, or victim service 

13 providers; or 

14 ‘‘(5) any other person or organization, including 

15 any person or organization in the chain of command, 

16 in the course of providing services to a victim or sur17 vivor. 

18 ‘‘(c) PROHIBITED PERSONNEL ACTIONS.—Any ac19 tion prohibited by subsection (b), including the threat to 

20 take any unfavorable action and the withholding or threat 

21 to withhold any favorable action, shall be considered for 

22 the purposes of this section to be a personnel action pro23 hibited by this section. 

24 ‘‘(d) INVESTIGATION OF ALLEGATIONS OF PROHIB25 ITED PERSONNEL ACTIONS.—(1) If a victim advocate 


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1 submits to an Inspector General an allegation that a per2 sonnel action prohibited by subsection (b) has been taken 

3 or threatened against the victim advocate with respect to 

4 a communication described in paragraph (2), the Inspec5 tor General shall take the action required in this section. 

6 ‘‘(2) A communication described in this paragraph is 

7 a communication in which the victim advocate reasonably 

8 believes constitutes evidence of any of the following: 

9 ‘‘(A) A violation of law or regulation, including 

10 a law or regulation prohibiting domestic violence, 

11 sexual assault, family violence, or stalking. 

12 ‘‘(B) Gross mismanagement, an abuse of au13 thority, or a substantial danger to community safety 

14 or public health. 

15 ‘‘(3)(A) If the Inspector General receiving such an 

16 allegation is an Inspector General within a military de17 partment, that Inspector General shall promptly notify the 

18 Inspector General of the Department of Defense of the 

19 allegation. Such notification shall be made in accordance 

20 with regulations prescribed under subsection (e). 

21 ‘‘(B) An Inspector General of the Department of De22 fense receiving an allegation as described in this section 

23 shall expeditiously determine, in accordance with regula24 tions prescribed under subsection (e), whether there is sufVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 ficient evidence to warrant an investigation of the allega2 tion. 

3 ‘‘(C) Upon determining that an investigation of an 

4 allegation under this section is warranted, the Inspector 

5 General making the determination shall expeditiously in6 vestigate the allegation. 

7 ‘‘(4) The Inspector General of the Department of De8 fense shall ensure that the Inspector General conducting 

9 the investigation of an allegation under this subsection is 

10 outside the immediate chain of command of both the vic11 tim advocate submitting the allegation and the individual 

12 or individuals alleged to have taken the retaliatory action. 

13 ‘‘(5) Upon receiving an allegation under this sub14 section, the Inspector General shall conduct a separate in15 vestigation of the information that the victim advocate 

16 making the allegation believes constitutes evidence of 

17 wrongdoing as described in subparagraph (A) or (B) of 

18 paragraph (2) if there previously has not been such an 

19 investigation or if the Inspector General determines that 

20 the original investigation was biased or otherwise inad21 equate. 

22 ‘‘(6)(A) After completion of an investigation under 

23 paragraphs (3), (4), or (5), the Inspector General con24 ducting the investigation shall submit a report on the re25 sults of the investigation to the Secretary of Defense and 


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1 the Director of the Office of the Victims’ Advocate and 

2 shall transmit a copy of the report on the results of the 

3 investigation to the victim advocate who made the allega4 tion investigated. The report shall be transmitted to the 

5 Secretary of Defense and the Director of the Office of the 

6 Victims’ Advocate, and the copy of the report shall be 

7 transmitted to the victim advocate, not later than 30 days 

8 after the completion of the investigation. 

9 ‘‘(B) In the copy of the report transmitted to the vic10 tim advocate, the Inspector General shall ensure that the 

11 maximum disclosure of information possible, with the ex12 ception of information that is not required to be disclosed 

13 under section 552 of title 5. However, the copy need not 

14 include summaries of interviews conducted, nor any docu15 ment acquired, during the course of the investigation. 

16 Such items shall be transmitted to the victim advocate, 

17 if the victim advocate requests the items, with the copy 

18 of the report or after the transmittal to the victim advo19 cate of the copy of the report, regardless of whether the 

20 request for those items is made before or after the copy 

21 of the report is transmitted to the victim advocate. 

22 ‘‘(C) If, in the course of an investigation of an allega23 tion under this section, the Inspector General determines 

24 that it is not possible to submit the report required by 

25 subparagraph (A) within 180 days after the date of receipt 


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1 of the allegation being investigated, the Inspector General 

2 shall provide to the Secretary of Defense and to the victim 

3 advocate making the allegation a notice— 

4 ‘‘(i) of that determination including the reasons 

5 why the report may not be submitted within that 

6 time; and 

7 ‘‘(ii) of the time when the report will be sub8 mitted. 

9 ‘‘(D) The report on the results of the investigation 

10 shall contain a thorough review of the facts and cir11 cumstances relevant to the allegation and the complaint 

12 or disclosure and shall include documents acquired during 

13 the course of the investigation, including summaries of 

14 interviews conducted. The report may include a rec15 ommendation as to the disposition of the complaint. 

16 ‘‘(e) REGULATIONS.—(1) The Secretary of Defense 

17 shall prescribe regulations to carry out this section. In pre18 scribing regulations under this section, the Secretary of 

19 Defense shall provide for appropriate procedural protec20 tions for the subject of any investigation carried out under 

21 the provisions of this section, including a process of appeal 

22 and review of investigative findings. 

23 ‘‘(2) The Secretary shall provide in the regulations 

24 that a violation of the prohibition by a person subject to 

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1 tion 892 of this title (article 92 of the Uniform Code of 

2 Military Justice). 

3 ‘‘§ 1819. Office of the Victims’ Advocate: annual as4 sessment 

5 ‘‘(a) DATA COMPLIANCE AND REPORTING.—The Di6 rector of the Office of the Victims’ Advocate shall annually 

7 compile data collected during the preceding year by the 

8 military departments relating to incidents of domestic vio9 lence, family violence, sexual assault, and stalking. The 

10 data shall be compiled pursuant to policies set forth by 

11 the Director. 

12 ‘‘(b) ASSESSMENT OF POLICIES AND PROCE13 DURES.—Not later than January 15 each year, the Direc14 tor shall conduct an assessment of the implementation 

15 during the preceding fiscal year of the policies and proce16 dures of the military departments on the prevention of and 

17 response to domestic violence, family violence, sexual as18 sault, and stalking involving members of the armed forces 

19 in order to determine the effectiveness of such policies and 

20 procedures during such fiscal year. 

21 ‘‘(c) PERSONNEL ANALYSIS.—The annual assess22 ment under subsection (b) shall include a review of per23 sonnel, including staffing levels, assignments, accessibility, 

24 availability, training, and duties of victim advocates, vic25 tim witness liaisons, sexual assault nurse examiners, and 


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1 others considered appropriate by the Director assigned to 

2 assist victims of domestic violence, sexual assault, family 

3 violence, and stalking. The assessment shall include a re4 view of personnel assigned to deployed units, along with 

5 recommendations to enhance availability, accessibility, and 

6 training for such personnel. 

7 ‘‘(d) ASSESSMENT OF STATUTES AND DIRECTIVES.— 

8 In order to enhance the foundation of law and policy with9 in the military departments in response to domestic vio10 lence, family violence, sexual assault, and stalking, the an11 nual assessment under subsection (b) shall include a re12 view of— 

13 ‘‘(1) chapter 47 of this title (the Uniform Code 

14 of Military Justice), the provisions of law in force at 

15 the time of the assessment that were originally en16 acted by the Victims’ Rights and Restitution Act or 

17 the Violence Against Women Act, and other Federal 

18 statutes applicable to domestic violence, sexual as19 sault, family violence, and stalking; 

20 ‘‘(2) directives of the military departments; and 

21 ‘‘(3) regulations of the military departments 

22 considered appropriate by the Director. 


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1 ‘‘§ 1820. Office of the Victims’ Advocate: annual re2 port 

3 ‘‘(a) ANNUAL REPORT.—(1) Not later than January 

4 15 of each year, the Director shall submit to the Secretary 

5 of Defense a report on domestic violence, family violence, 

6 sexual assault, and stalking involving members of the 

7 armed forces during the preceding year. 

8 ‘‘(2) Each report under paragraph (1) shall include 

9 the following: 

10 ‘‘(A) The most recent compilation of data under 

11 section 1819(a) of this title; together with a com12 parison of that data (or subsets of that data) with 

13 comparable data from the civilian sector. 

14 ‘‘(B) The results of the most recent assessment 

15 under section 1819(b) of this title. 

16 ‘‘(C) The number of incidents of domestic vio17 lence, family violence, sexual assault, and stalking 

18 committed by or upon members of the armed forces 

19 that were reported to military officials during the 

20 year covered by the report and the number of the 

21 cases so reported that were substantiated. 

22 ‘‘(D) A summary of the types of cases and the 

23 disciplinary action taken in each type of case. 

24 ‘‘(E) The policies, procedures, and processes 

25 implemented by the military departments during the 

26 year covered by the report in response to incidents 


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1 of domestic violence, family violence, sexual assault, 

2 and stalking involving members of the armed forces. 

3 ‘‘(F) A plan for the actions that are to be taken 

4 in the fiscal year following the fiscal year covered by 

5 the report on the prevention of and response to do6 mestic violence, family violence, sexual assault, and 

7 stalking involving members of the armed forces. 

8 ‘‘(b) TRANSMISSION OF REPORT TO CONGRESSIONAL

9 COMMITTEES.—The Secretary of Defense shall transmit 

10 to the Committee on Armed Services of the Senate and 

11 the Committee on Armed Services of the House of Rep12 resentatives each annual report submitted to the Secretary 

13 under subsection (a), together with the comments of the 

14 Secretary on such report. The Secretary shall transmit the 

15 report for any year not later than March 15 of the fol16 lowing year. 

17 ‘‘§ 1821. Requirements on use of funds 

18 ‘‘(a) REQUIREMENTS.—Of the amounts appropriated 

19 to carry out the functions of the Office for any fiscal year, 

20 the Secretary— 

21 ‘‘(1) shall use not less than 20 percent for pro22 grams addressing domestic violence, family violence, 

23 sexual assault, and stalking that are operated by, or 

24 in partnership with, civilian victim services; and 


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1 ‘‘(2) shall use not less than 5 percent for tech2 nical assistance and training to be provided by orga3 nizations having demonstrated expertise in devel4 oping collaborative community and system responses 

5 to domestic violence, family violence, sexual assault, 

6 and stalking. 

7 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.— 

8 Technical assistance and training under subsection (a)(2) 

9 may be offered to the elements of the armed forces, instal10 lations, or commands in the process of developing commu11 nity responses, whether they are receiving funds under 

12 this section or not.’’ 

13 (b) TRANSITION PROVISIONS.— 

14 (1) COMPREHENSIVE POLICY.—The policy re15 quired by section 1812(a) of title 10, United States 

16 Code, as added by subsection (a), shall be prescribed 

17 by the Secretary of Defense not later than the end 

18 of the 120-day period beginning on the date of the 

19 enactment of this Act. 

20 (2) WHISTLEBLOWER PROTECTION REGULA21 TIONS.—The regulations required by section 1817(e) 

22 of title 10, United States Code, as added by sub23 section (a), shall be prescribed by the Secretary of 

24 Defense not later than 120 days after the date of 

25 the enactment of this Act. 


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1 (3) FIRST ANNUAL REPORT.—The first report 

2 under subsection (a) of section 1819(a) of such title, 

3 as added by subsection (a)— 

4 (A) shall be submitted to the Secretary of 

5 Defense not later than April 1 of the year after 

6 the year in which this Act is enacted (notwith7 standing the date specified in that subsection); 

8 and 

9 (B) shall be transmitted by the Secretary 

10 to the Committee on Armed Services of the 

11 Senate and Committee on Armed Services of 

12 the House of Representatives pursuant to sub13 section (b) of that section not later than May 

14 1 of that year (notwithstanding the date speci15 fied in that subsection). 

16 (c) CLERICAL AMENDMENTS.—The tables of chap17 ters at the beginning of subtitle A, and at the beginning 

18 of part II of subtitle A, of title 10, United States Code, 

19 are amended by inserting after the item relating to chap20 ter 88 the following new item: 

‘‘90. Office of the Victims’ Advocate ........................................................ 1811’’. 

21 SEC. 112. DEPARTMENT OF DEFENSE INTERDISCIPLINARY 

22 COUNCIL. 

23 (a) CODIFICATION AND REVISION OF COUNCIL ES24 TABLISHED UNDER PUBLIC LAW 103–337.— 


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1 (1) IN GENERAL.—Chapter 7 of title 10, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 185. Department of Defense Interdisciplinary 

5 Council 

6 ‘‘(a) DEPARTMENT OF DEFENSE COUNCIL.—The 

7 Secretary of Defense, in consultation with the Director of 

8 the Office of the Victims’ Advocate of the Department of 

9 Defense, shall establish a Department of Defense inter10 disciplinary council to coordinate and oversee victims’ ad11 vocates programs of the Department of Defense and to 

12 oversee the efforts of the Department of Defense to pre13 vent and respond to violence against women and men. 

14 ‘‘(b) COMPOSITION.—(1) The Council shall consist of 

15 12 members, appointed by the Secretary of Defense. The 

16 Council shall include members appointed from each of the 

17 Army, Navy, Air Force, and Marine Corps and shall in18 clude an equal number of personnel of the Department 

19 of Defense and persons from outside the Department of 

20 Defense. The six members appointed as personnel of the 

21 Department of Defense may include retired members of 

22 the armed forces. 

23 ‘‘(2) The six members appointed from outside the De24 partment of Defense may be appointed from other Federal 

25 departments and agencies, from State and local agencies, 


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1 and from the private sector, but may not be members of 

2 the armed forces in a retired status. 

3 ‘‘(3) The Secretary shall ensure that membership in4 cludes at least one judge advocate. 

5 ‘‘(4) Each member of the Interdisciplinary Council 

6 appointed from outside the Department of Defense— 

7 ‘‘(A) shall be an individual who has dem8 onstrated expertise and experience in the fields of 

9 sexual assault, domestic violence, family violence, or 

10 stalking, as well as expertise and experience in civil11 ian-military cooperation; or 

12 ‘‘(B) shall be appointed from one of the fol13 lowing: 

14 ‘‘(i) The Centers for Disease Control and 

15 Prevention of the Department of Health and 

16 Human Services. 

17 ‘‘(ii) Civilian law enforcement. 

18 ‘‘(iii) A judicial policy organization. 

19 ‘‘(iv) A national crime victim organization. 

20 ‘‘(v) A victim service organization. 

21 ‘‘(vi) A survivor of domestic violence, sex22 ual assault, family violence, or stalking in which 

23 the perpetrator was a member of the armed 

24 forces. 


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1 ‘‘(5) Members of the Interdisciplinary Council shall 

2 serve for a period of three years. The membership of the 

3 Interdisciplinary Council shall be rotated by composition 

4 and appointments as defined in paragraphs (1), (2), and 

5 (4) every three years. 

6 ‘‘(c) CO-CHAIRS.—There shall be two co-chairs of the 

7 Interdisciplinary Council. One of the co-chairs shall be 

8 designated by the Secretary of Defense at the time of ap9 pointment from among the Department of Defense per10 sonnel on the Interdisciplinary Council. The other co-chair 

11 shall be selected among the members appointed from out12 side the Department of Defense by those members. 

13 ‘‘(d) ADMINISTRATIVE SUPPORT.—(1) Each member 

14 of the Interdisciplinary Council who is a member of the 

15 armed forces or a civilian officer or employee of the United 

16 States shall serve without compensation (other than com17 pensation to which entitled as a member of the armed 

18 forces or an officer or an employee of the United States, 

19 as the case may be). Other members of the Interdiscipli20 nary Council shall be appointed in accordance with, and 

21 subject to, section 3161(d) of title 5, but shall serve with22 out pay. 

23 ‘‘(2) The Director of the Office of the Victims’ Advo24 cate, under the direction of the Secretary of Defense, shall 

25 provide oversight of the Interdisciplinary Council. The OfVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 fice of the Victims’ Advocate shall provide the Inter2 disciplinary Council with personnel facilities and other ad3 ministrative support as necessary for the performance of 

4 the Interdisciplinary Council’s duties. 

5 ‘‘(e) MILITARY DEPARTMENT LIAISONS.—The Sec6 retary of each military department shall select a represent7 ative of that department to serve as a liaison between the 

8 Interdisciplinary Council and that military department. 

9 Each such representative shall be responsible for ensur10 ing— 

11 ‘‘(1) that communications made at the Inter12 disciplinary Council are transmitted to military per13 sonnel; and 

14 ‘‘(2) that the Interdisciplinary Council is aware 

15 of problems in the military departments related to 

16 domestic violence, family violence, sexual assault, 

17 and stalking. 

18 ‘‘(f) INSTALLATION VISITS.—The Director of the Of19 fice of the Victims’ Advocate shall coordinate with the Sec20 retaries of the military departments to provide for visits 

21 by members of the Interdisciplinary Council to military in22 stallations.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended 

25 by adding at the end the following new item: 

‘‘185. Department of Defense Interdisciplinary Council.’’. 


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1 (b) DEADLINE FOR INITIAL APPOINTMENTS.—Mem2 bers of the Interdisciplinary Council under section 185 of 

3 title 10, United States Code, as added by subsection (a), 

4 shall be appointed not later than 90 days after the date 

5 of the enactment of this Act. 

6 (c) REPORT.—Not later than 18 months after the 

7 date on which all members of the Interdisciplinary Council 

8 under section 185 of title 10, United States Code, as 

9 added by subsection (a), have been appointed, the Inter10 disciplinary Council shall submit to the Secretary of De11 fense a report recommending specific ways in which the 

12 Office of the Victims’ Advocate and victim advocates may 

13 more effectively address matters relative to sexual assault, 

14 domestic violence, family violence, and stalking committed 

15 by or upon servicemembers. The report shall include an 

16 assessment of, and recommendations concerning, the fol17 lowing: 

18 (1) Victim safety programs. 

19 (2) Confidentiality of communications for vic20 tims. 

21 (3) Offender accountability. 

22 (4) Prevention of sexual assault, domestic vio23 lence, family violence, and stalking. 

24 (5) Collaboration among military organizations 

25 with responsibility or jurisdiction with respect to 


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1 sexual assault, domestic violence, family violence, 

2 and stalking. 

3 (6) Coordination between military and civilian 

4 communities including service organizations and law 

5 enforcement with respect to sexual assault, domestic 

6 violence, family violence and stalking. 

7 (7) Adaptation of best professional practices 

8 within the civilian communities with respect to sex9 ual assault, domestic violence, family violence and 

10 stalking. 

11 (8) Data collection, case management, and 

12 tracking. 

13 (9) Curricula and training including standard14 ized training for armed forces personnel and commu15 nity-based advocates, organizations, and service pro16 viders. 

17 (10) Standardization of guidelines, directives, 

18 and statutes. 

19 (11) Other issues identified by the Interdiscipli20 nary Council. 

21 SEC. 113. CONFORMING REPEAL. 

22 Section 534 of the National Defense Authorization 

23 Act for Fiscal Year 1995 (10 U.S.C. 113 note) is repealed. 


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1 Subtitle C—National and Inter2 national Hotlines Awareness, 

3 Prevention, and Intervention 

4 Campaign 

5 SEC. 121. AWARENESS, PREVENTION, AND INTERVENTION 

6 CAMPAIGN. 

7 (a) CONTRACTS AUTHORIZED.—The Secretary of De8 fense, acting through the Director of the Office of the Vic9 tims’ Advocate, may enter into contracts with appropriate 

10 entities to support the crisis intervention services of the 

11 Department of Defense for victims of domestic violence, 

12 sexual assault, family violence, and stalking in the Depart13 ment of Defense. 

14 (b) PURPOSE OF CONTRACT.—A contract under sub15 section (a) shall provide for the entity awarded the con16 tract to perform the following functions, to the extent pro17 vided in the contract: 

18 (1) Include in the services provided under the 

19 contract the availability of a toll-free telephone num20 ber (commonly referred to as an ‘‘800’’ number). 

21 (2) Ensure that information about services and 

22 resources available to military personnel, families, 

23 and partners— 

24 (A) is revised and updated as appropriate; 


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1 (B) is made available to the Office of the 

2 Victims’ Advocate and other Department of De3 fense entities for distribution and posting at ap4 propriate facilities within the Department of 

5 Defense; and 

6 (C) is made available through appropriate 

7 public information services. 

8 (3) Provide support services for members of the 

9 Armed Forces and their families and partners for 

10 the purpose of developing and strengthening preven11 tion and intervention policies for assistance to 

12 servicemembers, family members, and partners expe13 riencing domestic violence, family violence, sexual as14 sault, and stalking. 

15 (4) Develop and implement policies regarding 

16 appropriate, safe responses and referral procedures 

17 for servicemembers, family members, and partners 

18 experiencing domestic violence, family violence, sex19 ual assault, and stalking. 

20 (5) Provide linguistically and culturally appro21 priate services, or linkages to existing services in the 

22 community, as needed to address the needs of vic23 tims and survivors associated with the Armed 

24 Forces. 


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1 (6) Provide the necessary staffing for respond2 ing to the needs of servicemembers, family members, 

3 and partners who are experiencing domestic violence, 

4 family violence, sexual assault, or stalking, such as 

5 a resource person or liaison who is either on-site or 

6 on-call and who possesses demonstrated experience 

7 as a service provider to victims associated with the 

8 Armed Forces. 

9 (c) APPLICATIONS.— 

10 (1) IN GENERAL.—An entity that desires to re11 ceive a contract under this section shall submit to 

12 the Secretary an application at such time, in such 

13 manner, and containing such information as the Sec14 retary may require, consistent with the requirements 

15 in this section. 

16 (2) QUALIFICATIONS.—To be awarded such a 

17 contract, an entity must demonstrate in its applica18 tion under paragraph (1) that it has a history or ex19 perience that is relevant to the purposes of the con20 tract. 

21 (d) CONSIDERATIONS.—(1) In providing information 

22 on services, resources, counseling, and advocacy available 

23 to members of the Armed Forces and their family mem24 bers and partners, the Secretary shall ensure that the per25 sonnel who provide assistance under this section are 


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1 trained to provide to persons who have experienced sexual 

2 assault, domestic violence, family violence, and stalking in3 formation about the services, care, and treatment relating 

4 to domestic violence, family violence, sexual assault, and 

5 stalking available in the communities in which the victim 

6 resides, including care and services available under pro7 grams of the Department of Defense and the Department 

8 of Veterans Affairs and from non-military and non-veteran 

9 agencies and organizations. 

10 (2) The Secretary shall ensure that the telephone as11 sistance service shall be operated in a manner that pro12 tects the confidentiality of persons who place a call to the 

13 service. 

14 (3) The Secretary shall ensure that information about 

15 the availability of the telephone assistance service is visibly 

16 posted in medical facilities, commissary and exchange fa17 cilities, and Family Advocacy Program and Victims’ Advo18 cate Program facilities of the Department and is adver19 tised through public service announcements and pam20 phlets, and by other means. 

21 (e) DURATION OF CONTRACT.—The Secretary shall 

22 enter into any contract under this section for a period of 

23 one year. The contract may be renewed. 

24 (f) CONFIDENTIALITY.—The Secretary shall include 

25 in a contract under this section confidentiality provisions 


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1 based on the provisions of section 1816(a) of title 10, 

2 United States Code, as added by section 111. 

3 (g) NONSUPPLANTATION.—Any Federal funds re4 ceived under this section shall be used to supplement, and 

5 not to supplant, non-Federal funds that would otherwise 

6 be available for activities funded under this section. 

7 (h) NO MATCHING FUNDS.—For the purposes of this 

8 section, a nonprofit, nongovernmental victim services pro9 gram receiving funds under this section may not be re10 quired as a condition of receiving an award of a contract 

11 under this section to provide matching funds. 

12 (i) REPORTS.—An entity receiving funds under this 

13 section shall submit to the Secretary every six months a 

14 report that describes— 

15 (1) how the funds were used, including the ex16 tent to which members of the Armed Forces and 

17 their family members and partners were provided 

18 services and a description of the services provided, 

19 including the number of cases responded to; 

20 (2) the adequacy of staff training and services 

21 to meet the needs of members of the Armed Forces 

22 and their family members and partners for services 

23 under the contract; and 


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1 (3) the existence of barriers faced by the entity 

2 to address the needs of members of the Armed 

3 Forces and their family members and partners. 

4 Subtitle D—Prevention and 

5 Intervention Training 

6 SEC. 131. PREVENTION AND INTERVENTION TRAINING 

7 CONTRACTS. 

8 (a) AWARDS AUTHORIZED.— 

9 (1) IN GENERAL.—The Secretary of Defense, 

10 acting through the Director of the Office of the Vic11 tims’ Advocate, shall enter into contracts under this 

12 section with eligible entities for the purposes of pro13 viding training and technical assistance to the De14 partment of Defense relative to prevention of domes15 tic violence, sexual assault, family violence, and 

16 stalking. 

17 (2) DEFINITIONS.—In this section, the term 

18 ‘‘eligible entity’’ means an entity that is— 

19 (A) a public or nonprofit private organiza20 tion having demonstrated expertise in preven21 tion, intervention, developing community col22 laboration, and system response to domestic vi23 olence, sexual assault, family violence, and 

24 stalking; or 


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1 (B) a community-based organization expe2 rienced in providing services to servicemembers, 

3 family members, or partners who experience do4 mestic violence, sexual assault, family violence, 

5 or stalking. 

6 (b) USES OF FUNDS.—An entity awarded a contract 

7 pursuant to subsection (a) shall— 

8 (1) provide training in the dynamics of domes9 tic violence, sexual assault, family violence, and 

10 stalking, including safety, risk assessment, potential 

11 lethality, and appropriate interventions; 

12 (2) provide education programs for 

13 servicemembers, family members, or partners that 

14 are linguistically and culturally appropriate and are 

15 designed to meet any unique needs of the population 

16 by adapting and implementing existing curricula; 

17 (3) provide media center materials and edu18 cational materials to the population that address the 

19 needs and concerns of servicemembers, family mem20 bers, or partners who experience domestic violence, 

21 sexual assault, or stalking and the impact of the vio22 lence by identifying, adapting, and disseminating ap23 propriate existing materials; and 


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1 (4) conduct evaluations to assess the impact of 

2 programs and policies assisted under this section in 

3 order to enhance the development of those programs. 

4 (c) APPLICATION.— 

5 (1) IN GENERAL.—An eligible entity that de6 sires to receive a contract under this section shall 

7 submit to the Secretary an application at such time, 

8 in such manner, and containing such information as 

9 the Secretary may require, consistent with the re10 quirements described in this section. 

11 (2) CONTENT.—An application submitted pur12 suant to paragraph (1) shall— 

13 (A) outline and describe how training and 

14 other activities will be undertaken to promote 

15 prevention, intervention, and collaboration; 

16 (B) identify the members of the organiza17 tion who will be responsible for carrying out the 

18 training; 

19 (C) ensure that communities or agencies 

20 affected by the training are adequately rep21 resented in the development of the application, 

22 training, and follow on activities to be under23 taken and that they have a significant role in 

24 evaluating the success of the project; 


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1 (D) include documentation of any history 

2 of training between military entities, domestic 

3 violence, sexual assault, or stalking service pro4 viders, courts, law enforcement agencies, com5 munity-based programs, and other entities; 

6 (E) provide assurances that training and 

7 other activities will be provided to all types of 

8 staff, will address appropriate practices for in9 vestigation, follow-up, screening, intake, assess10 ment, and provision of services addressing the 

11 safety needs of victims of domestic violence, 

12 sexual assault, family violence, or stalking; 

13 (F) describe how the training and activities 

14 will enhance or ensure the safety and security 

15 of servicemembers, families, and partners where 

16 both domestic violence and sexual assault oc17 curs by providing appropriate resources, protec18 tion, and support to victims; 

19 (G) outline methods and means partici20 pating entities will use to ensure that all serv21 ices are provided in a linguistically and cul22 turally competent manner and will use commu23 nity-based supports and resources; and 


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1 (H) outline the protocols, policies, and pro2 cedures participating entities will develop and 

3 adopt to ensure the confidentiality of victims. 

4 (d) DURATION OF CONTRACTS.—The Secretary shall 

5 enter into a contract under this section for a period of 

6 one year. Such a contract may be renewed. 

7 (e) REPORTS.—An entity receiving funds under this 

8 section shall submit to the Secretary every six months a 

9 report that describes, at a minimum— 

10 (1) how the funds under the program were 

11 used, including the extent to which military per12 sonnel, family members, or partners were served; 

13 (2) the adequacy of staff training and services 

14 to ensure that the needs of servicemembers, family 

15 members, or partners are met; and 

16 (3) the existence of barriers the entity faces to 

17 more fully addressing the needs of servicemembers, 

18 family members, or partners. 

19 (f) REQUIREMENT.— 

20 (1) Of the amounts appropriated to carry out 

21 this section for any fiscal year, the Secretary— 

22 (A) shall use not less than 20 percent for 

23 programs addressing domestic violence and sex24 ual assault that are operated by, or in partner25 ship with, civilian victim services; and 


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1 (B) shall use not less than 5 percent for 

2 technical assistance and training to be provided 

3 by organizations having demonstrated expertise 

4 in developing collaborative community and sys5 tem responses to domestic violence, sexual as6 sault, and stalking. 

7 (2) Technical assistance and training under 

8 paragraph (1)(B) may be offered to the elements of 

9 the Armed Forces, installations, or commands in the 

10 process of developing community responses, whether 

11 they are receiving funds under this section or not. 

12 Subtitle E—Biennial Conference on 

13 Sexual Assault and Domestic Vi14 olence 

15 SEC. 141. ESTABLISHMENT. 

16 Not later than one year after the date of the enact17 ment of this Act, and every two years thereafter, the Sec18 retary of Defense, acting through the Director of the Of19 fice of the Victims’ Advocate of the Department of De20 fense, shall convene a national conference to review cur21 rent policies for prevention of, and response to, domestic 

22 violence, sexual assault, family violence, and stalking in23 volving members of the Armed Forces and to make rec24 ommendations for changes, as warranted, to those policies. 


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1 SEC. 142. CONFERENCE ACTIVITIES. 

2 (a) IN GENERAL.—The conferences under this sub3 title shall provide a forum for the civilian leadership of 

4 the Department of Defense, military commanders, family 

5 advocacy personnel, military criminal investigators, mili6 tary law enforcement personnel, and security forces to 

7 consider problems, policies, and recommendations relating 

8 to domestic violence, sexual assault, family violence, and 

9 stalking involving members of the Armed Forces. 

10 (b) FIRST CONFERENCE.— 

11 (1) CONSIDERATION OF PRIOR REPORTS.—Ac12 tivities of the first conference under this subtitle 

13 shall include consideration of the reports and rec14 ommendations of the following: 

15 (A) The Department of Defense Task 

16 Force on the Care of Sexual Assault Victims. 

17 (B) The Department of Defense Task 

18 Force on Domestic Violence. 

19 (C) The Department of Defense Task 

20 Force of Sexual Harassment and Misconduct at 

21 the Military Academies. 

22 (2) STRATEGIC PLAN.—Activities of the first 

23 conference under this subtitle shall include a discus24 sion of, and compiling of recommendations and 

25 strategy for, a strategic plan that seeks to— 


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1 (A) involve more civilian leaders of the De2 partment of Defense, military commanders, and 

3 servicemembers in prevention and other activi4 ties designed to end domestic violence, sexual 

5 assault, family violence, and stalking in the 

6 Armed Forces; and 

7 (B) facilitate the Secretaries of the mili8 tary departments implementation of policies on 

9 domestic violence, sexual assault, family vio10 lence, and stalking in the Armed Forces. 

11 SEC. 143. CONFERENCE PARTICIPANTS. 

12 The Secretary shall provide for participants in con13 ferences under this subtitle to include the following: 

14 (1) Representatives from a broad cross-section 

15 of military authorities, including leadership, com16 mands, services, departments, and programs. 

17 (2) Representatives of Federal, State, national 

18 and local government agencies. 

19 (3) Representatives of law enforcement organi20 zations. 

21 (4) Criminal justice professionals, including 

22 prosecutors, investigators, attorneys, and advocates. 

23 (5) Representatives of nonprofit, private, or 

24 nongovernmental service providers and of public and 

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1 tic violence, sexual assault, family violence, and 

2 stalking. 

3 (6) Individuals with demonstrated expertise in 

4 addressing the intersection between domestic vio5 lence, sexual assault, family violence, and stalking. 

6 (7) Individuals with demonstrated expertise in 

7 addressing the issues confronting the Armed Forces 

8 relative to domestic violence, sexual assault, family 

9 violence, and stalking. 

10 (8) Victims of domestic violence, sexual assault, 

11 family violence, and stalking. 

12 (9) Representatives of academic and research, 

13 facilities with demonstrated expertise in domestic vi14 olence, sexual assault, family violence, and stalking. 

15 (10) Representatives of the Department of Vet16 erans Affairs. 

17 (11) Advocates, counselors, and therapists en18 gaged in providing services to victims associated 

19 with the Armed Forces. 

20 Subtitle F—Memorandums of Un21 derstanding With Civil Organi22 zations 

23 SEC. 151. AGREEMENTS WITH CIVILIAN ORGANIZATIONS. 

24 (a) MEMORANDUMS OF UNDERSTANDING.—Congress 

25 expects and encourages the Secretary of Defense to enter 


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1 into memorandums of understanding with civilian organi2 zations to provide services to victims of sexual assault, do3 mestic violence, family violence, and stalking. 

4 (b) CONFIDENTIALITY.—When entering into a 

5 memorandum of understanding with a civilian organiza6 tion as described in subsection (a), the Secretary of De7 fense should not enter into, and may not enforce, any pro8 vision in the memorandum that would be in direct viola9 tion of any law protecting confidential information and 

10 personal identifying information. 

11 TITLE II—RIGHTS, RESTITUTION, 

12 TREATMENT, AND SERVICES 

13 FOR VICTIMS 

14 Subtitle A—Protection of Persons 

15 Reporting Sexual Assault or Do16 mestic Violence 

17 SEC. 201. PROTECTION OF COMMUNICATIONS BETWEEN 

18 VICTIMS AND ADVOCATES. 

19 (a) RESTRICTING COMMUNICATION PROHIBITED.— 

20 Subsection (a) of section 1034 of title 10, United States 

21 Code, is amended by inserting before the period at the 

22 end the following: ‘‘or the Office of the Victims’ Advocate 

23 or a Victims’ Advocate within the Department of De24 fense’’. 


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1 (b) PROHIBITION OF RETALIATORY PERSONNEL AC2 TIONS.—Subsection (b)(1) of such section is amended— 

3 (1) in subparagraph (A), by striking ‘‘or an In4 spector General’’ and inserting ‘‘, an Inspector Gen5 eral, or the Office of the Victims’ Advocate or a Vic6 tims’ Advocate’’; and 

7 (2) in subparagraph (A)— 

8 (A) by redesignating clauses (iii) and (iv) 

9 as clauses (iv) and (v), respectively; and 

10 (B) by inserting after clause (ii) the fol11 lowing new clause: 

12 ‘‘(iii) the Office of the Victims’ Advocate 

13 or a victims’ advocate;’’. 

14 (c) INSPECTOR GENERAL INVESTIGATIONS.—Sub15 section (c)(2) of such subsection is amended by inserting 

16 ‘‘, sexual assault, domestic violence, family violence, stalk17 ing,’’ in subparagraph (A) after ‘‘sexual harassment’’. 

18 SEC. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND 

19 HEALTH CARE PROFESSIONAL PRIVILEGE IN 

20 CASES ARISING UNDER UNIFORM CODE OF 

21 MILITARY JUSTICE. 

22 (a) PRIVILEGES ESTABLISHED.— 

23 (1) IN GENERAL.—Subchapter XI of chapter 47 

24 of title 10, United States Code (the Uniform Code 


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1 of Military Justice), is amended by adding at the 

2 end the following new section: 

3 ‘‘§ 941. Art. 141. Privilege for communication with 

4 victim service organization or health 

5 care professional 

6 ‘‘(a) GENERAL RULE OF PRIVILEGE.—A client has 

7 a privilege to refuse to disclose, and to prevent any other 

8 person from disclosing, a confidential communication 

9 made between the client and a victim service organization 

10 or any representative of the organization, or between the 

11 client and a health care professional or any representative 

12 of the professional, in a case arising under this chapter, 

13 if such communication was made for the purpose of secur14 ing advice, counseling, treatment, or assistance concerning 

15 the client’s mental, physical, or emotional condition caused 

16 by domestic violence, family violence, dating violence, 

17 stalking, or sexual assault. 

18 ‘‘(b) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘client’ means a person who 

20 consults with or is examined or interviewed by a vic21 tim service organization or any representative of the 

22 organization, or by a health care professional or any 

23 representative of the professional. 

24 ‘‘(2) The term ‘victim service organization’ 

25 means an organization (whether public or private) 


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1 that provides advice, counseling, or assistance to vic2 tims of domestic violence, family violence, dating vio3 lence, stalking, or sexual assault, or to the families 

4 of such victims. 

5 ‘‘(3) The term ‘representative’, with respect to 

6 an organization or professional, means a person di7 rected by or assigned to assist that organization or 

8 professional, respectively, in providing advice, coun9 seling, treatment, or assistance. 

10 ‘‘(4) The term ‘confidential communication’ 

11 means a communication not intended to be disclosed 

12 to third persons other than— 

13 ‘‘(A) those to whom disclosure is in fur14 therance of providing advice, counseling, treat15 ment, or assistance to the client; and 

16 ‘‘(B) those reasonably necessary for dis17 closing under subparagraph (A). 

18 ‘‘(c) EMERGENCY SHELTER PROTECTION.—A client 

19 or representative of a client may not be compelled to pro20 vide testimony in a civil, criminal, legislative, disciplinary, 

21 or administrative proceeding that would identify— 

22 ‘‘(1) the name, address, location, or telephone 

23 number of a safe house, abuse shelter, or other facil24 ity that provided temporary emergency shelter to the 


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1 victim of the offense or transaction that is the sub2 ject of the proceeding; or 

3 ‘‘(2) the name, address, or telephone number of 

4 a victim representative. 

5 ‘‘(d) WHO MAY CLAIM THE PRIVILEGE.—The privi6 lege under subsection (a) or (c) may be claimed by the 

7 client or the guardian or conservator of the client. A per8 son who may claim the privilege may authorize trial coun9 sel or defense counsel to claim the privilege on his or her 

10 behalf. The victim service organization, health care profes11 sional, or representative who received the communication 

12 may claim the privilege on behalf of the client. The author13 ity of such an organization, professional, representative, 

14 guardian, or conservator to so assert the privilege is pre15 sumed in the absence of evidence to the contrary. 

16 ‘‘(e) EXCEPTIONS.—There is no privilege under this 

17 section— 

18 ‘‘(1) when the client is dead, except for the 

19 privilege under subsection (c); 

20 ‘‘(2) to the extent the communication reports 

21 child abuse; 

22 ‘‘(3) when a victim service organization, health 

23 care professional, or representative believes that a 

24 mental or emotional condition of the client makes 


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1 the client a danger to any person, including the cli2 ent; or 

3 ‘‘(4) if the communication clearly contemplated 

4 the future commission of a fraud or crime or if the 

5 services of the victim service organization or health 

6 care professional are sought or obtained to enable or 

7 aid anyone to commit or plan to commit what the 

8 client knew or reasonably should have known to be 

9 a crime or fraud.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such subchapter is amend12 ed by adding at the end the following new item: 

‘‘941. 141. Privilege for communication with victim service organization or 

health care professional.’’. 

13 (b) APPLICABILITY.—Section 941 of title 10, United 

14 States Code (article 141 of the Uniform Code of Military 

15 Justice), as added by subsection (a), applies to commu16 nications made after the date of the enactment of this Act. 

17 Subtitle B—Medical Care and 

18 Treatment for Victims of Sexual 

19 and Domestic Violence 

20 SEC. 211. ENHANCED DEPARTMENT OF DEFENSE TREAT21 MENT CAPACITY. 

22 To the extent funds are available for such purpose, 

23 funds available to the Department of Defense shall be 

24 used to employ at least one medical professional trained 


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1 as a sexual assault nurse examiner and at least one psy2 chiatrist, and a complimentary clinical team, at each mili3 tary treatment facility operated by the Department of De4 fense. 

5 SEC. 212. COMMUNITY LEVEL PROGRAM. 

6 (a) PROGRAM.—The Secretary of Defense, acting 

7 through the Assistant Secretary of Defense for Health Af8 fairs, shall carry out a program at the community level 

9 for members of the Armed Forces on active duty and fam10 ily members of such members who are victims of domestic 

11 violence, sexual assault, family violence, or stalking. 

12 (b) PROGRAM SITES.—The program shall be carried 

13 out through facilities of the Department of Defense. 

14 (c) PROGRAM CONTENT.—In conducting the pro15 gram, the Secretary shall provide for individualized case 

16 management to be conducted on a one-to-one basis, coun17 seling, education, and group therapy to help victims cope 

18 with trauma. Through the program, the Secretary 

19 should— 

20 (1) emphasize early identification of victims ex21 periencing post-traumatic stress disorder resulting 

22 from domestic violence, sexual assault, family vio23 lence, or stalking; 

24 (2) include group-oriented, peer-to-peer settings 

25 for treatment; and 


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1 (3) acknowledge that the causal factors of do2 mestic violence, sexual assault, family violence, and 

3 stalking include power and control. 

4 (d) OUTREACH.—The Secretary shall provide that 

5 health information packets given to members of the Armed 

6 Forces and their family members include information 

7 about how to obtain timely and confidential post-sexual 

8 assault medical care. 

9 (e) PROGRAM MODELS.—The Secretary shall estab10 lish and carry out the program under this section following 

11 a comprehensive review of other relevant programs, includ12 ing programs of the Department of Veterans Affairs, of 

13 State and local governments, and of private, nonprofit, or 

14 nongovernmental organizations specializing in the treat15 ment of victims of domestic violence, sexual assault, family 

16 violence, or stalking. 

17 SEC. 213. TRANSITION TO VETERANS HEALTH CARE FOR 

18 VICTIMS OR PERPETRATORS OF DOMESTIC 

19 VIOLENCE, SEXUAL ASSAULT, FAMILY VIO20 LENCE, OR STALKING. 

21 The Secretary of each military department shall take 

22 special care in providing for a seamless transition from 

23 Department of Defense health care services to Depart24 ment of Veterans Affairs health care services in the case 

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1 charged or separated from active duty and who has been 

2 identified as a victim or perpetrator of domestic violence, 

3 sexual assault, family violence, or stalking. 

4 Subtitle C—Military-Civilian 

5 Shelter Programs 

6 SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF 

7 DEFENSE FOR SHELTER PROGRAMS AND 

8 SERVICES. 

9 (a) CONTRACTS AUTHORIZED.— 

10 (1) IN GENERAL.—The Secretary of Defense, 

11 acting through the Director of the Office of the Vic12 tims’ Advocate, may enter into contracts with eligi13 ble entities to provide shelter services for members 

14 of the Armed Forces and their family members and 

15 partners who experience domestic violence, family vi16 olence, sexual assault, or stalking. 

17 (2) ELIGIBLE ENTITIES.—In this section, the 

18 term ‘‘eligible entity’’ means a public or private non19 profit entity the primary purpose of which is to pro20 vide shelter services to victims of domestic violence, 

21 family violence, sexual assault, or stalking. The enti22 ty may be— 

23 (A) a community-based organization spe24 cializing in intervention or violence prevention 


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1 services for military servicemembers, family 

2 members, or partners; 

3 (B) a nonprofit nongovernmental entity 

4 providing services primarily to servicemembers, 

5 family members, or partners who are victims of 

6 domestic violence, family violence, sexual as7 sault, or stalking; 

8 (C) a nonprofit, nongovernmental entity 

9 providing services for veterans; 

10 (D) a nonprofit, nongovernmental entity 

11 providing services to homeless individuals; or 

12 (E) a governmental program serving 

13 servicemembers and family members. 

14 (b) USES OF FUNDS.—A contract under this section 

15 shall provide that— 

16 (1) whenever possible, the entity awarded the 

17 contract shall collaborate with existing shelter serv18 ices in the civilian community to provide appropriate 

19 victim services; 

20 (2) when appropriate shelter services are not 

21 available in the civilian community or are not acces22 sible to members of the Armed Forces or their fam23 ily members or partners, the entity awarded the con24 tract may provide or create shelter services in col25 laboration with a community-based organization; 


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1 (3) the entity awarded the contract shall pro2 vide referral services to a Department of Defense 

3 victims advocate aid, including legal, medical, or 

4 psychological counseling, to members of the Armed 

5 Forces and their family members and partners who 

6 are experiencing domestic violence, family violence, 

7 sexual assault, or stalking; and 

8 (4) if needed, the entity awarded the contract 

9 will have staff with fluency in languages other then 

10 English or access to translators. 

11 (c) APPLICATION.— 

12 (1) IN GENERAL.—An eligible entity that de13 sires to receive a contract under this section shall 

14 submit to the Secretary an application at such time, 

15 in such manner, and containing such information as 

16 the Secretary may require, consistent with the re17 quirements of this section. 

18 (2) CONSIDERATION OF BEST PRACTICES.—In 

19 considering applications submitted pursuant to para20 graph (1), the Secretary shall consult with existing 

21 providers of shelter services t determine best prac22 tices. 

23 (d) DURATION OF AWARDS.—A contract awarded 

24 under this section shall be awarded for a period of three 

25 fiscal years. Such a contract may be renewed. 


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1 (e) CONFIDENTIALITY.—The Secretary shall include 

2 in a contract under this section confidentiality provisions 

3 based on the provisions of section 1816(a) of title 10, 

4 United States Code, as added by section 111. 

5 (f) REPORTS.—An entity awarded a contract under 

6 this section shall submit to the Secretary every six months 

7 a report that describes, at a minimum— 

8 (1) how the funds under the contract were 

9 used; 

10 (2) the extent to which military personnel, fam11 ilies, and partners were served; and 

12 (3) the adequacy of staff training and services 

13 to ensure that needs of members of the Armed 

14 Forces and their family members and partners. 

15 Subtitle D—Victim’s Rights and 

16 Restitution 

17 SEC. 231. MILITARY LAW ENFORCEMENT AND VICTIMS’

18 RIGHTS. 

19 (a) VICTIMS RIGHTS.—After an allegation of a do20 mestic violence, sexual assault, family violence, or stalking 

21 offense that is reported to, or investigated by military law 

22 enforcement agency, the victim (or alleged victim) shall 

23 have the following rights: 


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1 (1) Victims’ rights set out under section 502(b) 

2 of the Victims’ Rights and Restitution Act of 1990 

3 (42 U.S.C. 10606(b)). 

4 (2) The right to be informed of the availability 

5 of crisis intervention services and resources and 

6 medical services and, when applicable, that medical 

7 services arising out of the need to secure evidence 

8 may be reimbursed. 

9 (3) The right to be informed of legal procedures 

10 and resources available for the protection of the vic11 tim, including military no contact orders and protec12 tion orders, the provisions of section 1561a of title 

13 10, United States Code, and the full faith and credit 

14 provisions of the Violence Against Women Act as de15 fined by section 2265 of title 18, United States 

16 Code. 

17 (4) The right to be informed of names and tele18 phone numbers of public and private assistance pro19 grams, including victim compensation programs, 

20 transitional compensation programs, and programs 

21 that provide counseling, treatment, shelter, and sup22 port services. 

23 (5) The right to be informed of the military law 

24 enforcement agency report number for the case, if 

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1 lowing statement: ‘‘If within 30 days you are not no2 tified of an arrest in your case, you may call (the 

3 military law enforcement agency’s telephone num4 ber) for information on the status of your case.’’. 

5 (6) The right to be notified by military law en6 forcement authorities of the arrest of the suspect, if 

7 the suspect is arrested, regardless of whether the 

8 suspect is an adult or a juvenile. 

9 (7) The right to be to informed, in a case in 

10 which the suspect is an adult and has been arrested, 

11 of the suspect’s release, of the scheduled time, place, 

12 and date for initial court appearances of the suspect, 

13 and of the victim’s right to be heard. 

14 (b) NOTICE OF RIGHTS TO BE PROVIDED.—As soon 

15 after an allegation of a domestic violence, sexual assault, 

16 family violence, or stalking offense as possible without 

17 interfering with an investigation or arrest, a representa18 tive of the military law enforcement agency that has re19 sponsibility for investigating the offense shall provide the 

20 victim with a multicopy form that includes the following: 

21 (1) A form for the victim to request or waive 

22 applicable rights to information to which the victim 

23 is entitled, on request, under this section. 

24 (2) A means for the victim to designate a lawful 

25 representative selected by the victim. 


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1 (3) Notice to the victim of the following: 

2 (A) Victims’ rights under section 502(b) of 

3 the Victims’ Rights and Restitution Act of 1990 

4 (42 U.S.C. 10606(b)). 

5 (B) The availability of crisis intervention 

6 services and resources and medical services and, 

7 when applicable, that medical services arising 

8 out of the need to secure evidence may be reim9 bursed. 

10 (C) The legal procedures and resources 

11 available for the protection of the victim, in12 cluding military no contact orders and protec13 tion orders, the provisions of section 1561a of 

14 title 10, United States Code, and the full faith 

15 and credit provisions of the Violence Against 

16 Women Act as defined by section 2265 of title 

17 18, United States Code. 

18 (D) The names and telephone numbers of 

19 public and private assistance programs, includ20 ing victim compensation programs, transitional 

21 compensation programs, and programs that 

22 provide counseling, treatment, shelter, and sup23 port services. 

24 (E) The military law enforcement agency 

25 report number for the case, if available, other 


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1 identifying information, and the following state2 ment: ‘‘If within 30 days you are not notified 

3 of an arrest in your case, you may call (the 

4 military law enforcement agency’s telephone 

5 number) for information on the status of your 

6 case.’’. 

7 (F) Regardless of whether the suspect is 

8 an adult or a juvenile, a statement that the vic9 tim will be notified by military law enforcement 

10 authorities of the arrest of the suspect, if the 

11 suspect is arrested. 

12 (G) If the suspect is an adult and has been 

13 arrested, a statement that the victim will be in14 formed of the suspect’s release, of the scheduled 

15 time, place, and date for initial court appear16 ances of the suspect and of the victim’s right to 

17 be heard, and that to exercise those rights, the 

18 victim may contact the custodial agency regard19 ing the suspect’s status or contact the com20 mand regarding any changes. 

21 (c) EFFECT OF EMOTIONAL STATUS OF VICTIM.— 

22 If at the time of contact with a military law enforcement 

23 agency representative under subsection (a), a victim is 

24 emotionally unable to request or to waive applicable rights, 

25 the military law enforcement agency representative shall 


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1 so designate that on the multicopy form and any entity 

2 that is subsequently involved in the case shall presume 

3 that the victim invoked the applicable rights to which the 

4 victim is entitled and, on request, the victim may later 

5 waive those rights. 

6 SEC. 232. AVAILABILITY OF INCIDENT REPORTS. 

7 (a) APPLICABILITY.—A military law enforcement 

8 agency shall provide, without charge, to a victim of domes9 tic violence, sexual assault, family violence, or stalking (or 

10 to the representative of such a victim, if the victim is de11 ceased) a copy of the incident report in the case, a copy 

12 of the incident report summary (referred to as a ‘‘face 

13 sheet’’), or both, in accordance with subsection (b). 

14 (b) TIME FOR AVAILABILITY.— 

15 (1) SUMMARIES.—A copy of an incident report 

16 summary shall be made available during regular 

17 business hours to a victim or the victim’s representa18 tive no later than 48 hours after being requested by 

19 the victim or the victim’s representative, unless the 

20 military law enforcement agency informs the victim 

21 or representative of the reasons why the summary is 

22 not available, in which case the summary shall be 

23 made available to the victim or representative no 

24 later than five working days after the request is 

25 made. 


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1 (2) INCIDENT REPORTS.—A copy of the inci2 dent report shall be made available during regular 

3 business hours to a victim or the victim’s representa4 tive no later than five working days after being re5 quested by a victim or representative, unless the 

6 military law enforcement agency informs the victim 

7 or representative of the reasons why the incident re8 port is not available, in which case the incident re9 port shall be made available to the victim or rep10 resentative no later than 10 working days after the 

11 request is made. 

12 (c) IDENTIFICATION.—An incident report and a sum13 mary of an incident report may be provided to any person 

14 under this section only upon presentation of identification 

15 satisfactory to the Secretary concerned. 

16 (d) TIME DURATION.—This section applies to re17 quests for copies of incident reports and summaries of in18 cident reports made within five years from the date of 

19 completion of the incident report. 

20 (e) VICTIM’S REPRESENTATIVE DEFINED.— 

21 (1) For purposes of this section, the term ‘‘vic22 tim’s representative’’ means, with respect to a victim 

23 who is deceased, the person who is listed first among 

24 the following: 

25 (A) The surviving spouse. 


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1 (B) A surviving child of the decedent who 

2 has attained 18 years of age. 

3 (C) A surviving parent of the decedent. 

4 (D) A surviving adult relative. 

5 (E) The public administrator appointed by 

6 a probate court, if one has been appointed. 

7 (2) A victim’s representative does not include 

8 any person who has been convicted of murder under 

9 State or Federal law or any person identified in the 

10 incident report as a suspect. 

11 SEC. 233. VICTIM ADVOCATES AND VICTIMS’ RIGHTS. 

12 (a) IN GENERAL.—Any victim making an allegation 

13 of sexual assault, domestic violence, family violence, or 

14 stalking may have a victim advocate present at any inter15 view of the victim conducted by any military law enforce16 ment official. 

17 (b) SUPPORT DURING PROCEEDINGS.—In a military 

18 justice proceeding, a victim advocate, upon the request of 

19 the victim, shall be allowed to accompany the victim dur20 ing the proceedings. The victim advocate shall be allowed 

21 to confer orally and in writing with the victim in a reason22 able manner. 


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1 SEC. 234. RESTITUTION. 

2 (a) IN GENERAL.—Chapter 80 of title 10, is amended 

3 by inserting after section 1561b, as added by section 301, 

4 the following new section: 

5 ‘‘§ 1561c. Restitution 

6 ‘‘(a) RESTITUTION REQUIRED.—In addition to any 

7 other civil, disciplinary, or criminal penalty authorized by 

8 law, the convening authority in a court-martial shall order 

9 restitution for any offense specified in section 920, 892(4), 

10 or 1561a of this title. 

11 ‘‘(b) SCOPE AND NATURE OF ORDER.— 

12 ‘‘(1) DIRECTIONS.—An order of restitution 

13 under this section shall direct the person convicted 

14 to pay the victim the full amount of the victims’ 

15 losses, as determined by the convening authority 

16 pursuant to paragraph (2). 

17 ‘‘(2) ENFORCEMENT.—An order of restitution 

18 under this section shall be issued and enforced in ac19 cordance with section 3664 of title 18 in the same 

20 manner as an order under section 3663A of that 

21 title. 

22 ‘‘(c) MANDATORY ORDER.— 

23 ‘‘(1) The issuance of a restitution order under 

24 this section is mandatory. 

25 ‘‘(2) The convening authority may not decline 

26 to issue an order under this section because of— 


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1 ‘‘(A) the economic circumstances of the 

2 person convicted; or 

3 ‘‘(B) the fact that a victim has received, or 

4 is entitled to receive, compensation for the vic5 tim’s injuries from the proceeds of insurance, 

6 transitional compensation, veterans benefits, or 

7 any other source. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) FULL AMOUNT OF THE VICTIM’S

10 LOSSES.—The term ‘full amount of the victim’s 

11 losses’ includes any costs incurred by the victim 

12 for— 

13 ‘‘(A) medical services relating to physical, 

14 psychiatric, or psychological care; 

15 ‘‘(B) physical and occupational therapy or 

16 rehabilitation; 

17 ‘‘(C) necessary transportation, temporary 

18 housing, and child care expenses; 

19 ‘‘(D) lost income; 

20 ‘‘(E) attorney’s fees, plus any costs in21 curred in obtaining a civil protective order; and 

22 ‘‘(F) any other loss suffered by the victim 

23 as a proximate result of the offense or offenses. 

24 ‘‘(2) VICTIM.—The term ‘victim’ means a per25 son harmed as a result of a commission of a crime 


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1 under this title, including, in the case of a victim 

2 who is under 18 years of age, incompetent, incapaci3 tated, or deceased, the legal guardian of the victim 

4 or representative of the victim’s estate, another fam5 ily member, or any other person appointed as suit6 able by a court, but in no event shall the accused be 

7 named as such a representative or guardian.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 1561b, as added by sec11 tion 301, the following new section: 

‘‘1561c. Restitution.’’. 

12 SEC. 235. RECORDS OF MILITARY JUSTICE ACTIONS. 

13 (a) IN GENERAL.—Subchapter XI of chapter 47 of 

14 title 10, United States Code (the Uniform Code of Military 

15 Justice), is amended by adding at the end the following 

16 new section (article): 

17 ‘‘§ 940a. Art. 140a. Military justice information: trans18 mission to Director of Federal Bureau of 

19 Investigation 

20 ‘‘Whenever a member of the armed forces is dis21 charged or dismissed from the armed forces or is released 

22 from active duty, the Secretary concerned shall transmit 

23 to the Director of the Federal Bureau of Investigation a 

24 copy of records of any disciplinary action against the 

25 member involving sexual misconduct during the period of 


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1 the member’s service in the armed forces that is taken 

2 under this chapter, including any nonjudicial punishment 

3 imposed under section 815 of this title (article 15).’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such subchapter is amended by adding 

6 at the end the following new item: 

‘‘940. 140a. Military justice information: transmission to Director of Federal 

Bureau of Investigation.’’. 

7 SEC. 236. TECHNICAL AMENDMENTS RELATING TO FATAL8 ITY REVIEW PANELS. 

9 (a) ARMY.—Section 4061 of title 10, United States 

10 Code, is amended— 

11 (1) in subsection (a), by inserting ‘‘, through 

12 the Office of the Victims’ Advocate,’’ after ‘‘Sec13 retary of the Army’’; and 

14 (2) in subsection (c), by inserting ‘‘, in con15 sultation with the Office of the Victims’ Advocate,’’ 

16 after ‘‘Secretary of Defense’’. 

17 (b) NAVY.—Section 6036 of such title is amended— 

18 (1) in subsection (a), by inserting ‘‘, through 

19 the Office of the Victims’ Advocate,’’ after ‘‘Sec20 retary of the Navy’’; and 

21 (2) in subsection (c), by inserting ‘‘, in con22 sultation with the Office of the Victims’ Advocate,’’ 

23 after ‘‘Secretary of Defense’’. 


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1 (c) AIR FORCE.—Section 9061 of such title is amend2 ed— 

3 (1) in subsection (a), by inserting ‘‘, through 

4 the Office of the Victims’ Advocate,’’ after ‘‘Sec5 retary of the Air Force’’; and 

6 (2) in subsection (c), by inserting ‘‘, in con7 sultation with the Office of the Victims’ Advocate,’’ 

8 after ‘‘Secretary of Defense’’. 

9 TITLE III—REPORTING, PROS10 ECUTION, AND TREATMENT 

11 OF PERPETRATORS 

12 Subtitle A—Reporting of Sexual As13 sault, Domestic Violence, and 

14 Stalking Within the Department 

15 of Defense 

16 SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMES17 TIC VIOLENCE. 

18 (a) IN GENERAL.—Chapter 80 of title 10, United 

19 States Code, is amended by inserting after section 1561a 

20 the following new section: 

21 ‘‘§ 1561b. Complaints of sexual assault, domestic vio22 lence, family violence, or stalking: inves23 tigation by commanding officers 

24 ‘‘(a) ACTION ON COMPLAINTS.—(1) A commanding 

25 officer or officer in charge of a unit, vessel, facility, or 


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1 area of the Army, Navy, Air Force, or Marine Corps who 

2 receives a qualifying complaint shall carry out an inves3 tigation of the matter in accordance with this section. 

4 ‘‘(2) In this section, the term ‘qualifying complaint’ 

5 means a complaint— 

6 ‘‘(A) that is from a victim, or from a member 

7 of the command, or a civilian employee under the 

8 supervision of the officer, or a victim advocate of the 

9 Department of Defense; and 

10 ‘‘(B) that alleges sexual assault, domestic vio11 lence, family violence, or stalking by a member of 

12 the armed forces or a civilian employee of the De13 partment of Defense 

14 ‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 

15 extent practicable, a commanding officer or officer in 

16 charge receiving a qualifying complaint shall, within 72 

17 hours after receipt of the complaint— 

18 ‘‘(1) forward the complaint, or a detailed de19 scription of the allegation in the complaint, to the 

20 next superior officer in that officer’s chain of com21 mand who is authorized to convene a general court22 martial; 

23 ‘‘(2) commence, or cause the commencement of, 

24 an investigation of the complaint, including engaging 

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1 cates, victim advocates, and victim witness liaisons; 

2 and 

3 ‘‘(3) advise the complainant of the commence4 ment of the investigation. 

5 ‘‘(c) DURATION OF INVESTIGATION.—A commanding 

6 officer or officer in charge receiving a qualifying complaint 

7 shall ensure that the investigation of the complaint is com8 pleted within 90 days of the date on which the investiga9 tion is commenced or such longer period as may be ap10 proved by the Director of the Office of Victim Advocate. 

11 ‘‘(d) JUDGE ADVOCATE REPORT.—To the extent 

12 practicable, a commanding officer or officer in charge re13 ceiving a qualifying complaint shall require a report of the 

14 judge advocate, including the results of the investigation, 

15 application of the disciplinary or punitive articles under 

16 the Uniform Code of Military Justice, and any rec17 ommendations for actions to be taken as a result of the 

18 investigation, within 20 days after the date on which the 

19 investigation is commenced. 

20 ‘‘(e) REPORT ON INVESTIGATION.—To the extent 

21 practicable, a commanding officer or officer in charge re22 ceiving a qualifying complaint shall— 

23 ‘‘(1) submit a final report on the results of the 

24 investigation, including any action taken as a result 

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1 ferred to in subsection (b)(1) within 30 days after 

2 the date on which the investigation is commenced; or 

3 ‘‘(2) submit a report on the progress made in 

4 completing the investigation to the next superior of5 ficer referred to in subsection (b)(1) within 30 days 

6 after the date on which the investigation is com7 menced and every 14 days thereafter until the inves8 tigation is completed and, upon completion of the in9 vestigation, then submit a final report on the results 

10 of the investigation, including any action taken as a 

11 result of the investigation, to that next superior offi12 cer. 

13 ‘‘(f) ANNUAL REPORTS TO SERVICE SECRETARIES.— 

14 Not later than January 1 of each year, each officer receiv15 ing a qualifying complaint forwarded in accordance with 

16 this section shall submit to the Secretary of the military 

17 department concerned a report on all such complaints re18 ceived during the preceding year and the investigations of 

19 those complaints (including the results of the investiga20 tions, in cases of investigations completed during the pre21 ceding year). 

22 ‘‘(g) ANNUAL REPORT TO SECRETARY OF DEFENSE

23 AND CONGRESS.—(1) Not later than January 15 of each 

24 year, each Secretary of a military department receiving a 

25 report under subsection (g) shall submit to the Secretary 


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1 of Defense a report on the complaints and investigations 

2 of sexual assault, domestic violence, family violence, and 

3 stalking. 

4 ‘‘(2) The Secretary of Defense shall submit to the 

5 Committee on Armed Services of the Senate and the Com6 mittee on Armed Services of the House of Representatives 

7 each report submitted to the Secretary under this para8 graph (1), together with the comments of the Secretary 

9 on each such report. The Secretary shall transmit the re10 port for any year not later than March 15 of the next 

11 year.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by inserting 

14 after the item relating to section 1561a the following new 

15 item: 

‘‘1561b. Complaints of sexual assault, domestic violence, family violence, or 

stalking: investigation by commanding officers.’’. 

16 SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OF17 FICIALS TO DOMESTIC VIOLENCE INCIDENTS. 

18 (a) IN GENERAL.—Chapter 80 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new sections: 

21 ‘‘§ 1567. Domestic violence: responsibilities of mili22 tary law enforcement officers 

23 ‘‘(a) CIRCUMSTANCES REQUIRING ARREST.—A mili24 tary law enforcement officer shall arrest and take into cusVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 tody a person subject to arrest or apprehension by the offi2 cer if— 

3 ‘‘(1) the officer has reasonable grounds to be4 lieve that the person has committed domestic vio5 lence and that the person’s actions are the commis6 sion of a crime; and 

7 ‘‘(2) any of the following circumstances is 

8 present: 

9 ‘‘(A) The officer has reasonable basis for 

10 believing that continued domestic violence 

11 against the alleged victim is likely. 

12 ‘‘(B) There is evidence of physical injury 

13 to the alleged victim. 

14 ‘‘(C) The use of a deadly weapon or dan15 gerous instrument is evident. 

16 ‘‘(b) DOMESTIC VIOLENCE.—In this section, the term 

17 ‘domestic violence’ means any of the following engaged in 

18 by a person against the person’s spouse or former spouse 

19 or against a person with whom the person resides or for20 merly resided or against an individual with whom the per21 son has a child in common: 

22 ‘‘(1) Infliction of physical pain, bodily injury, or 

23 illness or damage to property. 

24 ‘‘(2) Intentional impairment of physical condi25 tion. 


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1 ‘‘(3) A threat of conduct that would cause bod2 ily injury or damage to property. 

3 ‘‘(c) ARRESTING OFFICER’S REPORT.—An officer 

4 who makes an arrest under subsection (b) shall submit 

5 a full written report of the alleged domestic violence inci6 dent to the officer’s supervisor and to the judge advocate 

7 within 10 days of the arrest. Such a report shall include— 

8 ‘‘(1) a description of physical injuries observed, 

9 if any; 

10 ‘‘(2) whenever possible, a statement from the 

11 victim and witnesses concerning the alleged domestic 

12 violence; and 

13 ‘‘(3) a statement that a copy of legal rights and 

14 notices was given to the victim. 

15 ‘‘(d) LAW ENFORCEMENT POLICIES.—(1) The Sec16 retary of Defense shall prescribe regulations to implement 

17 written policies regarding arrest procedures for domestic 

18 violence incidents. Those policies shall include the fol19 lowing: 

20 ‘‘(A) In most circumstances, a military law en21 forcement officer should arrest and take a person 

22 into custody if the officer has reasonable grounds to 

23 believe that the person is committing or has com24 mitted domestic violence and that the actions con25 stitute the commission of a crime. 


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1 ‘‘(B) When the officer has reasonable grounds 

2 to believe that the spouses or former spouses or 

3 other persons who reside together or resided to4 gether or share a child in common are committing 

5 or have committed domestic violence against each 

6 other, the officer does not have to arrest both par7 ties but should arrest the person whom the officer 

8 believes to be the primary physical aggressor. In de9 termining who is the primary physical aggressor, an 

10 officer should consider the intent of this section to 

11 protect victims of domestic violence, the relative in12 jury or fear inflicted on the persons involved, and 

13 any history of domestic violence between those per14 sons, if that history can be ascertained by the offi15 cer, or response of a person who acts in a reasonable 

16 manner to protect oneself or another family or 

17 household member from domestic violence. No victim 

18 shall be denied relief or charged for a domestic vio19 lence offense because the victim used reasonable 

20 force in self defense against domestic violence by an 

21 attacker. 

22 ‘‘(C) The decision of a military law enforcement 

23 officer as to whether or not to make an arrest under 

24 this section may not be based on the consent of the 

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1 tionship or the rank of the persons involved in the 

2 incident. 

3 ‘‘(D) A decision of a military law enforcement 

4 officer’s decision not to arrest under this section 

5 may not be based solely upon the absence of visible 

6 injury or impairment. 

7 ‘‘(2) The policies under paragraph (1) shall include 

8 a procedure applicable to the report and referral required 

9 under subsection (c). Such procedures shall require that 

10 the military law enforcement agency shall, without charge, 

11 send a copy of the initial report and any subsequent, sup12 plemental, or related report, which excludes the victim’s 

13 statement or other materials that are part of an active 

14 criminal investigation and are exempt from disclosure, to 

15 the command and Family Advocacy Program exercising 

16 responsibility over the area in which the incident took 

17 place, to the victim advocate within the Department of De18 fense assigned to the installation and the nearest local do19 mestic violence center within 24 hours of the agency’s re20 ceipt of the report. The report furnished to the Family 

21 Advocacy Program, victim advocate, and local domestic vi22 olence center shall include a narrative description of the 

23 domestic violence incident. 

24 ‘‘(3) The policies under paragraph (1) shall include 

25 a procedure for notifying the alleged victim of the incident 


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1 of domestic violence services from which the victim may 

2 receive assistance. The military law enforcement officer 

3 shall provide the victim immediate notice of the legal 

4 rights and remedies available to the victim. Such notice 

5 shall be in a standard form developed and distributed by 

6 the Secretary of Defense. As necessary, the Secretary shall 

7 revise the victims rights brochure to include a summary 

8 of this section using simple English and shall distribute 

9 the notice as a model form to be used by all military law 

10 enforcement agencies. The notice shall include the fol11 lowing: 

12 ‘‘(A) The resources available for the area in 

13 which domestic violence services are sought, includ14 ing military resources (victim advocates, Family Ad15 vocacy Program, judge advocates, medical personnel, 

16 and command) and civilian agencies (shelter, victim 

17 advocates, counseling, county or state attorney of18 fices and centers). 

19 ‘‘(B) A copy of the following statement: ‘If you 

20 are a victim of domestic violence, you may ask the 

21 county or state attorney or judge advocate or Direc22 tor of Special Investigations or command to file a 

23 complaint. You also have the right to go to court 

24 and file a petition requesting a protective order from 

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1 strain the alleged perpetrator from further acts of 

2 abuse; direct the abuser to leave your house; prevent 

3 the abuser from entering your residence, school, 

4 business or place of employment; award you custody 

5 of your minor child or children; and direct the 

6 abuser to pay support to you and the minor children 

7 if he/she has a legal obligation to do so. You also 

8 have the right to request a military no contact order 

9 containing the above provisions.’. 

10 ‘‘(4) The policies under paragraph (1) shall include 

11 a procedure for notifying the alleged victim of the incident, 

12 a description of the procedure for releasing the arrested 

13 person, and the likelihood and probable time of the ar14 rested person’s release. 

15 ‘‘(5) In the development of policies under this sub16 section, the Secretary and shall consult with law enforce17 ment agencies and organizations with expertise in the rec18 ognition of domestic violence incidents. 

19 ‘‘(e) DOMESTIC VIOLENCE INCIDENT REPORTS.—(1) 

20 A military law enforcement officer who responds to a do21 mestic violence incident shall prepare a domestic violence 

22 incident report. 

23 ‘‘(2) If a military law enforcement officer has reason24 able grounds to arrest a person who is committing or has 

25 committed domestic violence and that person’s actions 


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1 constitute the commission of a crime, the officer shall pre2 pare a written statement detailing why the person was not 

3 arrested. The report shall be sent to the judge advocate 

4 for the command of the suspect where the acts took place, 

5 immediately upon the completion of the investigation of 

6 the incident. The judge advocate shall review the report 

7 to determine whether the person involved in the incident 

8 should be charged with the commission of a crime. 

9 ‘‘(3) All information contained in the domestic vio10 lence incident report shall be forwarded to the appropriate 

11 military criminal investigative unit, to the judge advocate 

12 with responsibility for the jurisdiction, and to the com13 mander of the suspect and of the installation. 

14 ‘‘(4) The domestic violence incident report shall be 

15 on a form set forth in regulations prescribed by the Sec16 retary of Defense. The form shall include provision for the 

17 following information: 

18 ‘‘(A) The relationship of the parties. 

19 ‘‘(B) The sex of the parties. 

20 ‘‘(C) The time and date of the incident. 

21 ‘‘(D) The number of domestic violence calls in22 vestigated. 

23 ‘‘(E) Whether children were involved, or wheth24 er the alleged act of domestic violence had been com25 mitted in the presence of children. 


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1 ‘‘(F) The type and extent of the abuse. 

2 ‘‘(G) The number and type of weapons involved. 

3 ‘‘(H) The action taken by the law enforcement 

4 officer. 

5 ‘‘(I) The existence of any prior court or military 

6 orders issued to the parties. 

7 ‘‘(J) The number of domestic violence calls al8 leging a violation of a military no contact order or 

9 a protective order involving the parties. 

10 ‘‘(K) The number of arrests involving the par11 ties for a violation of a civilian protective order or 

12 details of disciplinary action taken for the violation 

13 of a military protective order. 

14 ‘‘(L) Any other data that may be necessary for 

15 a complete analysis of all circumstances leading to 

16 the alleged incident of domestic violence. 

17 ‘‘(f) CONTACT PROHIBITIONS.—(1) Unless there is a 

18 waiver by the victim, during the 72 hours immediately fol19 lowing an arrest for a domestic violence incident, the per20 son arrested— 

21 ‘‘(A) shall avoid the residence of the alleged vic22 tim of the domestic violence incident and, if applica23 ble, any premises temporarily occupied by the al24 leged victim; and 


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1 ‘‘(B) shall avoid contacting or causing any per2 son, other than law enforcement officers or military 

3 criminal investigators, judge advocates, or com4 manders, to contact the alleged victim. 

5 ‘‘(2) Unless there is a waiver by the victim under 

6 paragraph (1), a law enforcement officer who releases a 

7 person arrested for domestic violence from custody less 

8 than 72 hours after the arrest shall inform the arrested 

9 person orally and in writing of the requirements of this 

10 section and the consequences of violating this section. The 

11 arrested person shall sign an acknowledgment on the writ12 ten notice that the person has had notice of, and under13 stands the requirements, the consequences and the provi14 sions of this section. If the arrested person refuses to sign 

15 the notice, the person may not be released from custody. 

16 ‘‘(3) If there is a waiver under paragraph (1) and 

17 the person is arrested under this section, the law enforce18 ment officer who releases the arrested person shall inform 

19 the arrested person orally and in writing of the waiver. 

20 ‘‘(4) Failure to comply with the notice requirement 

21 under paragraph (2) regarding a person who is lawfully 

22 released from custody does not affect the prosecution for 

23 a crime of domestic violence. 

24 ‘‘(g) CONDITIONAL RELEASE.—A person arrested 

25 and taken into custody for a domestic violence incident 


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1 is eligible for conditional release. Unless there is a waiver 

2 under section (f), as part of the conditions of any such 

3 release that occurs within 72 hours immediately following 

4 such an arrest, the person shall be made to comply with 

5 the requirements under subsection (f)(1) and to sign the 

6 acknowledgment under subsection (f)(2). 

7 ‘‘§ 1568. Domestic violence: prosecution policies 

8 ‘‘The Secretary of Defense shall develop and imple9 ment written policies encouraging the prosecution of do10 mestic violence offenses under the military justice system. 

11 Those policies shall include the following: 

12 ‘‘(1) A policy that a recommendation of a judge 

13 advocate that a domestic violence incident not be 

14 prosecuted should not be based— 

15 ‘‘(A) solely upon the absence of visible in16 dications of injury; 

17 ‘‘(B) consent of the victim; 

18 ‘‘(C) consideration of the relationship of 

19 the parties; or 

20 ‘‘(D) the character, rank, rate, or quality 

21 of service of members of the armed forces, offi22 cers or employees. 

23 ‘‘(2) A policy that when a domestic violence in24 cident is not prosecuted by the judge advocates, in25 cluding a report made under this section, the deciVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 sion by the judge advocates should be made not later 

2 than 28 days after the date on which the judge ad3 vocate general has received notice of the incident. 

4 ‘‘§ 1569. Domestic violence: annual reports 

5 ‘‘(a) REPORTS TO SECRETARIES OF THE MILITARY

6 DEPARTMENTS.—Each judge advocate for a command 

7 who in the official capacity of that judge advocate receives 

8 an allegation of domestic violence during any year shall 

9 submit to the Secretary of the military department con10 cerned a report of all such allegations received during the 

11 year, together with such information as the Secretary may 

12 require, including the following: 

13 ‘‘(1) The number of arrests for domestic vio14 lence incidents in that judge advocate’s command, 

15 compiled and furnished by military law enforcement 

16 and military criminal investigators. 

17 ‘‘(2) The number of subsequent prosecutions 

18 and convictions of those arrested for domestic vio19 lence incidents. 

20 ‘‘(3) A listing of the number of arrests, pros21 ecutions, and convictions under paragraph (1) and 

22 (2) shall include categories by statutory reference of 

23 offenses under chapter 47 of this title (the Uniform 

24 Code of Military Justice) and include totals for all 

25 categories. 


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1 ‘‘(b) REPORTS TO THE SECRETARY OF DEFENSE.— 

2 Not later than January 1 of each year, the Secretaries 

3 of the military departments shall submit to the Secretary 

4 of Defense a report on the number of arrests, disposition 

5 of cases, subsequent prosecutions or disciplinary actions, 

6 and convictions for domestic violence involving members 

7 of the armed forces and officers and employees of the De8 partment of Defense under their jurisdiction during the 

9 preceding year. 

10 ‘‘(c) REPORTS TO CONGRESS.—Not later than Janu11 ary 15 of each year, the Secretary of Defense shall submit 

12 to Congress a report on the number of arrests, disposition 

13 of cases, subsequent prosecutions or disciplinary actions, 

14 and convictions for domestic violence involving members 

15 of the armed forces and officers and employees of the De16 partment of Defense during the preceding year.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 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.’’. 

20 (c) DEADLINE.—The Secretary of Defense shall pre21 scribe in regulations the procedures to carry out sections 

22 1567 through 1569 of title 10, United States Code, as 

23 added by subsection (a), not later than 90 days after the 

24 date of the enactment of this Act. 


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1 (d) CONFORMING REPEAL.— 

2 (1) REPEAL.—Section 1058 of title 10, United 

3 States Code, is repealed. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 53 of such title is 

6 amended by striking the item relating to section 

7 1058. 

8 SEC. 303. INVESTIGATION OF SEXUAL AND DOMESTIC VIO9 LENCE CASES INVOLVING DEPARTMENT OF 

10 DEFENSE PERSONNEL. 

11 (a) ESTABLISHMENT.—Chapter 4 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 144. Director of Special Investigations 

15 ‘‘(a) APPOINTMENT.—There is a Director of Special 

16 Investigations in the Department of Defense. The Director 

17 is appointed by the Secretary of Defense from among per18 sons who have a significant level of experience in criminal 

19 investigations and possess a significant level of training 

20 and expertise in domestic violence, family violence, sexual 

21 assault, or stalking. 

22 ‘‘(b) SENIOR EXECUTIVE SERVICE POSITION.—The 

23 position of Director of Special Investigations is a Senior 

24 Executive Service position. The Secretary shall designate 


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1 the position as a career reserved position under section 

2 3132(b) of title 5. 

3 ‘‘(c) DUTIES.—Subject to the authority, direction, 

4 and control of the Secretary of Defense, the Director of 

5 Special Investigations shall perform the duties set forth 

6 in this section and such other related duties as the Sec7 retary may prescribe. 

8 ‘‘(d) DIRECT INVESTIGATIONS.—The Director shall 

9 review an investigation of an allegation of sexual mis10 conduct, sexual assault, family violence, stalking, or do11 mestic violence— 

12 ‘‘(1) if requested— 

13 ‘‘(A) by the director of the Office of Vet14 erans Affairs ; 

15 ‘‘(B) by an investigative organization of 

16 the Department of Defense or one of the mili17 tary departments; or 

18 ‘‘(C) by a commander of a member of the 

19 armed forces alleged to have engaged in sexual 

20 misconduct, sexual assault, domestic violence, 

21 family violence, or stalking or to have been the 

22 victim of sexual misconduct, sexual assault, do23 mestic violence, family violence, or stalking; or 

24 ‘‘(2) in any case that the Secretary directs the 

25 Director to investigate. 


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1 ‘‘(f) OVERSIGHT AND QUALITY CONTROL OF OTHER

2 INVESTIGATIONS.—(1) The Director shall review the sta3 tus of an investigation that is referred under subsection 

4 (d). 

5 ‘‘(2) In carrying out paragraph (1), the Director may 

6 review the records of the investigation and observe the 

7 conduct of the ongoing investigation. 

8 ‘‘(3) The Director shall report to the Secretary on 

9 any investigation monitored pursuant to paragraph (1). 

10 The report may include the status of the investigation, an 

11 evaluation of the conduct of the investigation, an evalua12 tion of each investigator and the investigative organization 

13 involved in the investigation, and a recommendation for 

14 the future conduct of the investigation. 

15 ‘‘(g) POWERS.—In the performance of the duties set 

16 forth or authorized in this section, the Director shall have 

17 the following powers: 

18 ‘‘(1) To have access to all records, reports, au19 dits, reviews, documents, papers, recommendations, 

20 or other material available in the Department of De21 fense which relate to the duties of the Director. 

22 ‘‘(2) To request such information or assistance 

23 as may be necessary for carrying out the Director’s 

24 duties from any Federal, State, or local govern25 mental agency or unit thereof. 


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1 ‘‘(3) To require by subpoena the production of 

2 all information, documents, reports, answers, 

3 records, accounts, papers, and other data and docu4 mentary evidence necessary in the performance of 

5 the Director’s duties, which subpoena, in the case of 

6 contumacy or refusal to obey, shall be enforceable by 

7 order of any appropriate United States district 

8 court. 

9 ‘‘(4) To serve subpoenas, summons, and any ju10 dicial process related to the review of an investiga11 tion. 

12 ‘‘(5) To administer to or take from any person 

13 an oath, affirmation, or affidavit whenever necessary 

14 in the review of an investigation. 

15 ‘‘(6) To obtain for the victim in the case under 

16 review in the investigation from any military com17 mand a military protection order or from a court of 

18 appropriate jurisdiction an order of protection, re19 spectively, to safeguard the victim. 

20 ‘‘(7) To refer to a victim advocate for assist21 ance in obtaining services for any victim in the case 

22 under review. 

23 ‘‘(8) To request the appropriate commander to 

24 take action to relocate the victim during an inves25 tigation in order to ensure the safety of a victim. 


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1 ‘‘(h) REFERRALS FOR PROSECUTION.—(1) The Di2 rector may refer any case of sexual misconduct, domestic 

3 violence, family violence, sexual assault, or stalking de4 scribed in subsection (d)(1) to an appropriate commander 

5 for action under chapter 47 of this title (the Uniform Code 

6 of Military Justice) or other appropriate action. 

7 ‘‘(2) The Director shall report each such referral to 

8 the Secretary of Defense. 

9 ‘‘(i) STAFF.—The Director shall have access to— 

10 ‘‘(1) investigators who have extensive experience 

11 in criminal investigations and demonstrated exper12 tise in domestic violence, family violence, sexual as13 sault, or stalking; 

14 ‘‘(2) attorneys sufficient to provide the Direc15 tor, the criminal investigators, and the Director’s 

16 other staff personnel with legal counsel necessary for 

17 the performance of the duties of the Director; and 

18 ‘‘(3) such other staff as is necessary for the 

19 performance of the Director’s duties.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 4 of such title is amended by 

22 adding at the end the following new item: 

‘‘144. Director of Special Investigations.’’. 


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1 Subtitle B—Crimes Related to Sex2 ual Assault and Domestic Vio3 lence 

4 CHAPTER 1—FEDERAL CRIMINAL CODE 

5 SEC. 311. ASSIMILATIVE CRIMES. 

6 Section 13 of title 18, United States Code, is amend7 ed by adding at the end the following: 

8 ‘‘(d) For purposes of subsection (a) of this section, 

9 that which may or shall be imposed through judicial or 

10 administrative action under the law of a State, territory, 

11 possession, or district for conduct that constitutes a sexual 

12 assault, sexual abuse, sexual battery, rape, stalking, do13 mestic violence, or family violence offense of the jurisdic14 tion shall be considered to be punishment provided by the 

15 law of that jurisdiction.’’. 

16 SEC. 312. JURISDICTION FOR SEXUAL ASSAULT AND DO17 MESTIC VIOLENCE OFFENSES COMMITTED 

18 OUTSIDE THE UNITED STATES. 

19 (a) EXTRATERRITORIAL JURISDICTION.—Section 

20 3261(a) of title 18, United States Code, is amended by 

21 inserting ‘‘or constitutes a sexual assault, sexual mis22 conduct, domestic violence, stalking, or family violence of23 fense’’ after ‘‘year’’. 


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1 (b) DEFINITIONS.—Section 3267 of such title is 

2 amended by adding at the end the following new para3 graphs: 

4 ‘‘(5) The term ‘domestic violence’ has the 

5 meaning given such term in section 2007(1) of the 

6 Omnibus Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3796gg–2(1)). 

8 ‘‘(6) The term ‘sexual assault’ has the meaning 

9 given such term in section 2007(6) of the Omnibus 

10 Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3796gg–2(6)). 

12 ‘‘(7) The term ‘sexual misconduct’ includes— 

13 ‘‘(A) sexual harassment, entailing any con14 duct involving sexual harassment that in the 

15 case of an employee of the Department of De16 fense or a family member subject to the juris17 diction of the Secretary of Defense or of the 

18 Secretary of a military department, comprises a 

19 violation of a regulation, directive, or guideline 

20 that is applicable to such employee or family 

21 member; 

22 ‘‘(B) sexual abuse; 

23 ‘‘(C) sexual assault; 

24 ‘‘(D) sexual battery; and 

25 ‘‘(E) rape. 


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1 ‘‘(8) STALKING.—The term ‘stalking’ means 

2 engaging in a course of conduct as proscribed in 

3 chapter 110A directed at a specific person that 

4 would cause a reasonable person to fear death, sex5 ual assault, or bodily injury to himself or herself or 

6 a member of his or her immediate family when— 

7 ‘‘(A) the person engaging in such conduct 

8 has knowledge or should have knowledge that 

9 the specific person will be placed in reasonable 

10 fear of death, sexual assault, or bodily injury to 

11 himself or herself or a member of his or her im12 mediate family; and 

13 ‘‘(B) the conduct induces fear in the spe14 cific person of death, sexual assault, or bodily 

15 injury to himself or herself or a member of his 

16 or her immediate family.’’. 

17 SEC. 313. TRAVEL AND TRANSPORTATION. 

18 Section 406(h) of title 37, United States Code, is 

19 amended by striking ‘‘only if a written agreement of the 

20 member,’’. 


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1 CHAPTER 2—UNIFORM CODE OF 

2 MILITARY JUSTICE 

3 SEC. 316. DOMESTIC VIOLENCE AND FAMILY VIOLENCE. 

4 (a) ASSAULT.—Section 928(b) of title 10, United 

5 States Code (article 128(b) of the Uniform Code of Mili6 tary Justice), is amended— 

7 (1) by striking ‘‘or’’ at the end of paragraph 

8 (1); 

9 (2) by inserting ‘‘or’’ at the end of paragraph 

10 (2); and 

11 (3) by inserting after paragraph (2) the fol12 lowing new paragraph: 

13 ‘‘(3) commits an assault involving domestic vio14 lence or family violence;’’. 

15 (b) ASSAULT INVOLVING DOMESTIC VIOLENCE OR

16 FAMILY VIOLENCE DEFINED.—Such section is further 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) In this section, the term ‘assault involving do20 mestic violence or family violence’ means— 

21 ‘‘(1) an assault— 

22 ‘‘(A) with the intent to kill, injure, harass, 

23 or intimidate a spouse, intimate partner, or 

24 family member, or any other person related by 

25 consanguinity or affinity; 


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1 ‘‘(B) in which the accused intentionally in2 flicts bodily harm with or without a weapon 

3 upon a spouse, former spouse, intimate partner, 

4 or family member, or any other person related 

5 by consanguinity or affinity; or 

6 ‘‘(C) in which the accused places a person 

7 in reasonable fear of imminent bodily injury to 

8 that person or to another person; 

9 ‘‘(2) a sexual assault; or 

10 ‘‘(3) any conduct in which the accused— 

11 ‘‘(A) places a person in reasonable fear of 

12 imminent bodily injury to that person or to an13 other; 

14 ‘‘(B) harasses or intimidates a spouse, inti15 mate partner, or family member or person re16 lated by consanguinity or affinity, in the course 

17 of or as a result of which the accused commits 

18 a crime of violence against the spouse, intimate 

19 partner, or family member or person related by 

20 consanguinity or affinity; or 

21 ‘‘(C) uses force, coercion, duress, or fraud 

22 to facilitate, commit, or attempt to commit a 

23 crime of violence against a spouse, former 

24 spouse, intimate partner, or family member.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to offenses committed 

3 after the date of the enactment of this Act. 

4 (d) INTERIM MAXIMUM PUNISHMENTS.—Until the 

5 President otherwise provides pursuant to section 856 of 

6 title 10, United States Code (article 56 of the Uniform 

7 Code of Military Justice), the punishment which a court8 martial may direct for an offense under subsection (b)(3) 

9 of section 928 of such title (article 128 of the Uniform 

10 Code of Military Justice) may not exceed the following 

11 limits: 

12 (1) For an assault involving domestic violence 

13 or family violence if the death of the victim results, 

14 such punishment may not exceed dishonorable dis15 charge, forfeiture of pay and allowances, and con16 finement for life without eligibility for parole. 

17 (2) For an assault involving domestic violence 

18 or family violence if permanent disfigurement or life 

19 threatening bodily injury to the victim results, such 

20 punishment may be twice that as provided including 

21 dishonorable discharge, forfeiture of pay and allow22 ances, and confinement for 30 years. 

23 (3) For an assault involving domestic violence 

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1 on, such punishment may not exceed dishonorable 

2 discharge, forfeiture of all pay and allowances, and 

3 confinement for 20 years. 

4 (4) For an assault involving domestic violence 

5 or family violence, such punishment may not exceed 

6 dishonorable discharge, forfeiture of all pay and al7 lowances, and confinement for 10 years. 

8 SEC. 317. PROTECTIVE ORDERS. 

9 (a) ENFORCEMENT OF PROTECTIVE ORDERS.—Sec10 tion 892 of title 10, United States Code (article 92 of the 

11 Uniform Code of Military Justice), is amended— 

12 (1) by inserting ‘‘(a)’’ before ‘‘Any person’’; 

13 (2) by striking ‘‘or’’ at the end of paragraph 

14 (2); 

15 (3) by inserting ‘‘or’’ at the end of paragraph 

16 (3); 

17 (4) by inserting after paragraph (3) the fol18 lowing new paragraph: 

19 ‘‘(4) violates or fails to obey a no contact order 

20 or protective order;’’; and 

21 (5) by adding at the end of such section the fol22 lowing new subsection: 

23 ‘‘(b) In this section, the term ‘no contact order or 

24 protective order’ includes— 


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1 ‘‘(1) a no contact order issued by a command 

2 or supervisor to a member to safeguard a spouse, 

3 former spouse, intimate partner, or family member 

4 of a member; 

5 ‘‘(2) a protection order as defined in section 

6 2266(5) of title 18; and 

7 ‘‘(3) a protective order as defined in section 

8 1561a of this title.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to offenses committed 

11 after the date of the enactment of this Act. 

12 Subtitle C—Treatment Services for 

13 Perpetrators 

14 SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF 

15 DEFENSE FOR TREATMENT SERVICES FOR 

16 PERPETRATORS. 

17 (a) CONTRACTS AUTHORIZED.— 

18 (1) IN GENERAL.—The Secretary of Defense, 

19 acting through the Undersecretary of Defense for 

20 Personnel and Readiness, may enter into contracts 

21 with eligible entities for the provision of treatment 

22 services, including a batterers program, for members 

23 of the Armed Forces who have been assessed to have 

24 committed domestic violence, family violence, sexual 

25 assault, or stalking. 


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1 (2) DEFINITIONS.—In this section: 

2 (A) ELIGIBLE ENTITIES.—The term ‘‘eligi3 ble entity’’ means a public or private, nonprofit 

4 or nongovernmental entity the primary purpose 

5 of which is to provide treatment services to per6 petrators of domestic violence, family violence, 

7 sexual assault, or stalking. 

8 (B) BATTERERS PROGRAM.—The term 

9 ‘‘batterers program’’ means a program ap10 proved or certified by a State that is operated 

11 by a public or not-for-profit organization for the 

12 purpose of providing battering prevention and 

13 educational services and the goal of which is to 

14 help perpetrators end abusive behaviors. 

15 (b) TERMS OF CONTRACT.—A contract awarded 

16 under this section shall provide that the entity awarded 

17 the contract— 

18 (1) may provide for collaboration with existing 

19 services in the civilian community for the provision 

20 of appropriate treatment services; 

21 (2) when appropriate treatment services are not 

22 available in the civilian community or are not acces23 sible, may provide such services on military installa24 tions; 


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1 (3) shall not, under the contract, provide couple 

2 counseling or mediation, but may provide referrals 

3 for such counseling or mediation upon successful 

4 completion of a certified batterers program and at 

5 the request of the victim. 

6 (c) TERMS OF BATTERERS PROGRAM.—The Sec7 retary shall ensure that the batterers program shall have 

8 policies regarding— 

9 (1) referrals for those for whom a batterers 

10 program is not appropriate; 

11 (2) suicide and homicide threats by clients; and 

12 (3) confidentiality, in accordance with stand13 ards prescribed by the Secretary. 

14 (d) APPLICATION.—An eligible entity that desires to 

15 receive a contract under this section shall submit to the 

16 Secretary an application at such time, in such manner, 

17 and containing such information as the Secretary may re18 quire, consistent with the requirements specified in this 

19 section. 

20 (e) TREATMENT STANDARDS.—The treatment pro21 gram under the batterers program must meet the fol22 lowing standards: 

23 (1) All treatment shall be based upon a full, 

24 complete clinical assessment, including— 


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1 (A) current and past violence history relat2 ing to domestic violence, family violence, sexual 

3 assault, or stalking; 

4 (B) a complete diagnostic evaluation; 

5 (C) a substance abuse assessment; and 

6 (D) criminal history. 

7 (2) All treatment shall be based on a treatment 

8 plan that adequately and appropriately addresses 

9 treatment needs of the individual. 

10 (3) The program shall require the perpetrator 

11 to review the following notices: 

12 (A) A notice that the program will inform 

13 the victim and victims’ advocate that the perpe14 trator is in treatment. 

15 (B) A notice that prior and current treat16 ment agencies will provide information on the 

17 perpetrator to the program. 

18 (C) A notice that the program will provide 

19 relevant information on the perpetrator to rel20 evant legal and military entities. 

21 (4) Treatment of a perpetrator must be for a 

22 minimum treatment period established by the Sec23 retary by regulation. 

24 (5) Satisfactory completion of treatment must 

25 be contingent upon the perpetrator meeting specific 


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1 criteria, defined by the Secretary, and not just upon 

2 the end of a certain period of time or attendance of 

3 the perpetrator at a certain number of sessions. 

4 (6) The program shall have a policy and proce5 dures for dealing with recidivism. 

6 (7) The program shall have a policy and proce7 dures for dealing with noncompliance. 

8 (8) All evaluation and treatment services shall 

9 be provided by, and under the supervision of, quali10 fied personnel. 

11 (f) DURATION OF CONTRACTS.—A contract awarded 

12 under this section shall be for a period of three fiscal 

13 years. Such a contract may be renewed. 

14 (g) REPORTS.—An entity awarded a contract under 

15 this section shall submit to the Secretary every six months 

16 a report that describes, at a minimum— 

17 (1) how the funds under the contract were 

18 used; 

19 (2) the extent to which military personnel were 

20 served; 

21 (3) the adequacy of staff training and services; 

22 (4) the existence of barriers to the provision of 

23 services; 

24 (5) pertinent and appropriate factors con25 cerning perpetrators in the program, including age, 


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1 education, income, marital status, number of chil2 dren and their ages, any substance abuse, and per3 sonal history of family violence; 

4 (6) the total number of persons referred to the 

5 program, and the referral source; 

6 (7) total number of persons determined to be 

7 inappropriate for services and reasons therefor; and 

8 (8) the number of persons participating in the 

9 program, the number completing the program, the 

10 number failing to complete the program, and rea11 sons therefor. 

12 TITLE IV—COUNSELING AND 

13 TREATMENT PROGRAMS OF 

14 DEPARTMENT OF VETERANS 

15 AFFAIRS 

16 SEC. 401. RESEARCH ON BEST PRACTICES TO OVERCOME 

17 STIGMA RELATED TO MILITARY SEXUAL 

18 TRAUMA. 

19 It is the sense of Congress that the Secretary of Vet20 erans Affairs, in cooperation with Secretary of Defense, 

21 should conduct research into best practices that allow vet22 erans who have been victims of sexual assault while in the 

23 Armed Forces to overcome stigma in order to report the 

24 crime, seek treatment, and recover. 


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1 SEC. 402. TRAINING FOR DEPARTMENT OF VETERANS AF2 FAIRS PRIMARY CARE PROVIDERS. 

3 (a) TRAINING REQUIRED.—The Secretary of Vet4 erans Affairs shall ensure that all primary care providers 

5 who are employed by the Department of Veterans Affairs 

6 (or who treat veterans for the Department on a fee or 

7 contract basis) receive training in (1) effective screening 

8 methods for identifying veterans who have suffered from 

9 military sexual trauma, and (2) the process for referring 

10 for appropriate treatment and services veterans who are 

11 so identified. For those providers who are so employed as 

12 of the date of the enactment of this Act and who have 

13 not previously received such training, such training shall 

14 be completed not later than the end of the one-year period 

15 beginning on the date of the enactment of this Act. 

16 (b) ELEMENTS OF TRAINING.—The training under 

17 subsection (a) shall require that all primary care providers 

18 to be able to do the following: 

19 (1) Describe the Department of Veterans Af20 fairs mandate and the prevalence of military sexual 

21 trauma. 

22 (2) Describe the relevance of military sexual 

23 trauma to Department of Veterans Affairs clini24 cians. 

25 (3) Identify the health correlates of sexual trau26 ma. 


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1 (4) Explain the effective screening methods for 

2 military sexual trauma. 

3 (5) List the steps to be taken by a clinician 

4 when responding to disclosure of military sexual 

5 trauma. 

6 (6) Explain the referral process of a patient 

7 who experienced military sexual trauma to mental 

8 health and social services. 

9 (7) Describe the mental health treatment for 

10 military sexual trauma. 

11 (8) Describe the documentation requirements 

12 for military sexual trauma treatment and compensa13 tion. 

14 (9) Explain the compensation issues associated 

15 with military sexual trauma. 

16 (10) Describe the complex patient-provider rela17 tionship issues associated with military sexual trau18 ma. 

19 (11) Identify the risk factors that could cause 

20 post-traumatic stress disorder flares in military sex21 ual trauma survivors. 

22 (12) Define revictimization. 

23 (13) Assess intimate partner violence. 

24 (14) Describe treatment of acute sexual trauma 

25 victims. 


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1 (15) Recognize how clinicians can care for 

2 themselves and avoid burnout. 

3 SEC. 403. PILOT PROGRAM ON WAYS TO IDENTIFY VET4 ERANS WHO ARE VICTIMS OF MILITARY SEX5 UAL TRAUMA. 

6 (a) PILOT PROGRAM.—The Secretary of Veterans Af7 fairs shall conduct a pilot program to identify effective 

8 ways of screening and referral processes for primary care 

9 providers to identify veterans who are victims of military 

10 sexual trauma. 

11 (b) DURATION.—The pilot program under this sec12 tion shall be commenced not later than six months after 

13 the date of the enactment of this Act and shall be con14 ducted for a period of three years. 

15 (c) REPORT.—Not later than one year after the date 

16 of the completion of the pilot program under this section, 

17 the Secretary shall submit to the Committees on Armed 

18 Services and on Veterans’ Affairs of the Senate and House 

19 of Representatives a report on the Secretary’s evaluation 

20 of the pilot program. 


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1 SEC. 404. PILOT PROGRAM ON TREATMENT OF ACTIVE2 DUTY MILITARY PERSONNEL THROUGH FA3 CILITIES OF THE DEPARTMENT OF VET4 ERANS AFFAIRS. 

5 (a) PILOT PROGRAM.—The Secretary of Veterans Af6 fairs shall conduct a pilot program with the Secretary of 

7 Defense under which active-duty military personnel who 

8 are victims of military sexual trauma may be provided con9 fidential treatment for such trauma through facilities of 

10 the Department of Veterans Affairs. The pilot program 

11 shall be carried out pursuant to a memorandum of agree12 ment between the two Secretaries. 

13 (b) DURATION.—The pilot program under this sec14 tion shall be commenced not later than six months after 

15 the date of the enactment of this Act and shall be con16 ducted for a period of three years. 

17 (c) REPORT.—Not later than one year after the date 

18 of the completion of the pilot program under this section, 

19 the Secretary of Veterans Affairs shall submit to the Com20 mittees on Armed Services and on Veterans’ Affairs of the 

21 Senate and House of Representatives a report on the Sec22 retary’s evaluation of the pilot program. 


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1 TITLE V—OTHER MATTERS 

2 Subtitle A—Administration Matters 

3 SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS. 

4 The Secretary of Defense and the Secretary of the 

5 military department concerned may not approve for pres6 entation of a financial award for performance of work or 

7 duties, and may not approve for promotion, an officer or 

8 employee of the Department of Defense or a member of 

9 the Armed Forces who— 

10 (1) has been convicted of a criminal offense in11 volving domestic violence, family violence, sexual as12 sault, or stalking; or 

13 (2) has received any other disciplinary action or 

14 adverse personnel action on the basis of having en15 gaged in domestic violence, family violence, sexual 

16 assault, or stalking. 

17 SEC. 502. CLOSURE OF ARTICLE 32 INVESTIGATIONS IN 

18 CASES OF SEXUAL ASSAULT OR DOMESTIC VI19 OLENCE. 

20 Section 832 of title 10, United States Code (article 

21 32 of the Uniform Code of Military Justice), is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(f) In an investigation under this article that in24 cludes a charge or specification (or an uncharged offense 

25 included in the investigation pursuant to subsection (d)) 


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1 of sexual assault or domestic violence, the investigating 

2 officer shall give particular consideration to closing the in3 vestigation to the public.’’. 

4 Subtitle B—Enhancement of Armed 

5 Forces Domestic Security Act 

6 SEC. 511. AMENDMENTS TO SERVICEMEMBERS CIVIL RE7 LIEF ACT. 

8 (a) EXCEPTION TO AUTHORITY TO ORDER STAYS IN

9 CIVIL PROCEEDINGS.—Section 202(b)(1) of the 

10 Servicemembers Civil Relief Act (50 U.S.C. App. 

11 522(b)(1)) is amended by inserting ‘‘, except in the case 

12 of an order of protection or restraining order,’’ after ‘‘pro13 ceeding’’. 

14 (b) CHANGE IN REFERENCES FROM ‘‘DEPENDENTS’’ 

15 TO ‘‘FAMILY MEMBERS’’.— 

16 (1) Section 101(4) of such Act (50 U.S.C. App. 

17 511(4)) is amended— 

18 (A) in the heading, by striking ‘‘DEPEND19 ENT’’ and inserting ‘‘FAMILY MEMBER’’; and 

20 (B) by striking ‘‘dependent’’ and inserting 

21 ‘‘family member’’. 

22 (2) Such Act is further amended by by striking 

23 ‘‘dependent’’ and ‘‘dependents’’ each place they ap24 pear and inserting ‘‘family member’’ and ‘‘family 

25 members’’, respectively. 


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1 (3)(A) The heading for section 308 of such Act 

2 (50 U.S.C. App. 538) is amended to read as follows: 

3 ‘‘§ 308. Extension of protections to family members.’’. 

4 (B) The item relating to such section in the 

5 table of contents in section 1(b) of such Act (50 

6 U.S.C. App. 501(b)) is amended to conform to the 

7 amendment made by subparagraph (A). 

8 Subtitle C—Research on Preva9 lence, Needs Assessment, Serv10 ices, and Accountability 

11 SEC. 521. RESEARCH ON SEXUAL ASSAULT, DOMESTIC VIO12 LENCE, AND FAMILY VIOLENCE IN THE 

13 ARMED FORCES. 

14 (a) IN GENERAL.—The Secretary of Defense, in con15 junction with the Attorney General, shall carry out a com16 prehensive research study on the prevalence and nature 

17 of sexual assault, domestic violence, and family violence 

18 in the Armed Forces. To the extent that incidents of sex19 ual assault are also incidents of domestic violence or fam20 ily violence, research activities for the purpose of the study 

21 under this section can be conducted simultaneously and 

22 in collaboration. The research study shall include the iden23 tification of— 


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1 (1) the common characteristics (if any) of vic2 tims of sexual assault, domestic violence, and family 

3 violence; 

4 (2) the common characteristics (if any) of per5 petrators of sexual assault, domestic violence, and 

6 family violence; 

7 (3) the situations and environments in which 

8 sexual assault, domestic violence, and family violence 

9 occur; and 

10 (4) the affect of deployments, duty stations, 

11 combat service, and veteran and active duty status 

12 on sexual assault, domestic violence, and family vio13 lence. 

14 (b) CATEGORIZATION OF DATA.—The research study 

15 under this section shall be conducted with statistically sig16 nificant random samples of men and women who are ac17 tively serving in each of the Armed Forces. The selection 

18 shall include enough men and women so that the data col19 lected are representative of men and women in each 

20 branch and comparisons can be made across several broad 

21 subgroup categories, such as age, race, rank, and length 

22 of service in the Armed Forces. 

23 (c) PROTECTION OF HUMAN SUBJECTS.—The Sec24 retary shall ensure the confidentiality of each survey par25 ticipant. 


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1 (d) DATA ANALYSIS AND REPORTING.—Once data 

2 have been collected, the Secretary shall conduct appro3 priate analyses to determine the extent and nature of sex4 ual assault, family violence, and domestic violence within 

5 the Armed Forces. 

6 (e) REPORT.—Not later than 36 months after the 

7 date of the enactment of this Act, the Secretary shall sub8 mit to Congress a report providing the results of the study 

9 under this section. The report shall include the following: 

10 (1) The incidence and prevalence of sexual as11 sault, family violence, and domestic violence involv12 ing members of the Armed Forces. 

13 (2) The number of legal, judicial, nonjudicial, 

14 and rehabilitative responses to sexual assault and 

15 domestic violence, disaggregated by service. 

16 (3) The extent to which such responses are ef17 fective at ensuring victim safety, requiring offender 

18 accountability, and imposing sanctions on the of19 fender. 

20 (4) A review of the availability and accessibility 

21 of the prevention and intervention programs avail22 able to members of the Armed Forces and their fam23 ilies and partners and the effectiveness of those pro24 grams at increasing victim safety. 


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1 (5) Recommendations for improvements to De2 partment of Defense procedures and programs to 

3 prevent and intervene in cases of sexual assault, 

4 family violence, and domestic violence involving 

5 members of the Armed Forces. 

6 SEC. 522. RESEARCH ON INSTITUTIONAL PROCEDURES FOR 

7 REPORTING SEXUAL ASSAULT, DOMESTIC VI8 OLENCE, AND FAMILY VIOLENCE IN THE 

9 ARMED FORCES. 

10 (a) STUDY REQUIRED.—The Secretary of Defense 

11 shall provide for a study to examine procedures under12 taken after a military official receives a report of an inci13 dent of sexual assault, domestic violence, or family vio14 lence. The study shall be undertaken in consultation with 

15 the Attorney General. 

16 (b) MATTERS TO BE INCLUDED.—The study under 

17 subsection (a) shall include an analysis of the following: 

18 (1) The adequacy of the publication of the defi19 nition applicable to the Armed Forces of each of the 

20 following terms: sexual assault, domestic violence, 

21 and family violence. 

22 (2) The publication of the Armed Forces policy 

23 for sexual assault, domestic violence, and family vio24 lence. 


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1 (3) The individuals to whom reports of sexual 

2 assault, domestic violence, and family violence are 

3 given most often and— 

4 (A) how those individuals are trained to re5 spond to such reports; and 

6 (B) the extent to which those individuals 

7 are trained. 

8 (4) The reporting options that are presented to 

9 persons as available to them if the become a victim 

10 of sexual assault, domestic violence, and family vio11 lence, both as to— 

12 (A) reporting and procedure options on 

13 military installation; and 

14 (B) reporting and procedure options out15 side of military installations. 

16 (5) The resources available for victims’ safety, 

17 support, medical health, and confidentiality. 

18 (6) Policies and practices that may prevent or 

19 discourage the report of sexual assaults, domestic vi20 olence, and family violence to local crime authorities 

21 or that may otherwise obstruct justice or interfere 

22 with the prosecution of perpetrators of sexual as23 sault, domestic violence, and family violence. 

24 (7) Policies and procedures found successful in 

25 aiding the report, and any ensuing investigation or 


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1 prosecution, of sexual assault, domestic violence, or 

2 family violence. 

3 (c) REPORT TO CONGRESS.—The Secretary shall 

4 submit to Congress a report on the study required by sub5 section (a) not later than one year after the date of the 

6 enactment of this Act. 

7 SEC. 523. RESEARCH ON DATING VIOLENCE ASSOCIATED 

8 WITH THE ARMED FORCES. 

9 (a) STUDY REQUIRED.—The Secretary of Defense 

10 shall carry out a comprehensive research study on the 

11 prevalence and nature of intimate partner violence in the 

12 Armed Forces, including dating violence and violence 

13 among former spouses or partners who are cohabiting with 

14 or have cohabited with members of the Armed Forces. The 

15 study shall be carried out in cooperation with the Attorney 

16 General. 

17 (b) MATTERS TO BE INCLUDED.—The study under 

18 subsection (a) shall include the identification of the com19 mon characteristics of— 

20 (1) both victims of intimate partner violence 

21 and perpetrators of intimate partner violence; 

22 (2) the situations and environments in which 

23 intimate partner violence occurs; and 


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1 (3) the effect of deployments, duty stations, 

2 combat service, and veteran, reserve or active duty, 

3 or combat status. 

4 (c) CATEGORIZATION OF DATA.—The study under 

5 subsection (a) shall be conducted with statistically signifi6 cant random samples of men and women who are actively 

7 serving in each branch of the Armed Forces and family 

8 members. The selection shall include enough men and 

9 women so the data that are collected are representative 

10 of men and women in each branch and comparisons can 

11 be made across several broad subgroup categories, such 

12 as age, race, rank, and length of service in the Armed 

13 Forces. 

14 (d) CONFIDENTIALITY OF SUBJECTS.—The Sec15 retary shall ensure the confidentiality of each survey par16 ticipant. 

17 (e) DATA ANALYSIS AND REPORTING.—Once data 

18 have been collected, the Secretary shall conduct appro19 priate analyses to determine the extent and nature of inti20 mate violence within the Armed Forces, prevention, inter21 vention and response, and needs of victims of intimate 

22 partner violence. 

23 (f) REPORT.—Not later than 36 months after the 

24 date of the enactment of this Act, the Secretary shall subVerDate Aug 31 2005 20:11 May 07, 2006 Jkt 049200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H5212.IH H5212

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1 mit to Congress a report providing the results of the study 

2 under this section. The report shall include the following: 

3 (1) The incidence and prevalence of intimate 

4 partner violence involving members of the Armed 

5 Forces. 

6 (2) A discussion of the prevention and interven7 tion available to intimate partners of members of the 

8 Armed Forces. 

9 (3) A discussion of the legal, judicial, non10 judicial, and rehabilitative responses to intimate 

11 partner violence and how those responses vary 

12 across the services. 

13 (4) The extent to which such responses are ef14 fective at ensuring victim safety, requiring offender 

15 accountability, and imposing sanctions on the of16 fender. 

17 (5) A review of the availability and accessibility 

18 of the prevention and intervention programs avail19 able to victims who are members on active duty and 

20 victims who are civilians and the effectiveness of 

21 those programs at increasing victim safety. 

22 (6) Recommendations for improvements to De23 partment of Defense procedures and programs to 

24 prevent and intervene in cases of intimate partner 

25 violence. 


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1 SEC. 524. RESEARCH ON CHILD MALTREATMENT, ABUSE, 

2 AND HOMICIDE IN THE ARMED FORCES. 

3 (a) STUDY REQUIRED.—The Secretary of Defense 

4 shall carry out a comprehensive research study on the 

5 prevalence and nature of child maltreatment, abuse, sui6 cide, and homicide in the Armed Forces. The study shall 

7 be carried out in cooperation with the Secretary of Health 

8 and Human Services. The study shall include the identi9 fication of the common characteristics of— 

10 (1) both victims and perpetrators of child mal11 treatment, abuse, or homicide associated with the 

12 Armed Forces; and 

13 (2) the situations and environments in which 

14 child maltreatment, abuse, suicide, or homicide oc15 curs. 

16 (b) SAMPLING TECHNIQUES.—The research study 

17 under subsection (a) shall be conducted with statistically 

18 significant random samples. The selection shall include 

19 data collected across several broad subgroup categories, 

20 such as age, race, status, and rank in the Armed Forces. 

21 (c) CONFIDENTIALITY.—The Secretary shall ensure 

22 the confidentiality of each survey participant. 

23 (d) DATA ANALYSIS AND REPORTING.—Once data 

24 have been collected, the Secretary shall conduct appro25 priate analyses to determine the extent and nature of child 


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1 maltreatment, abuse, suicide, and homicide within the 

2 Armed Forces. 

3 (e) REPORT.—Not later than 24 months after the 

4 date of the enactment of this Act, the Secretary shall sub5 mit to Congress a report providing the results of the study 

6 under this section. The report shall include the following: 

7 (1) The incidence and prevalence of child mal8 treatment, abuse, suicide, and homicide involving 

9 members of the Armed Forces. 

10 (2) A discussion of the legal, judicial, non11 judicial, and rehabilitative responses to child mal12 treatment, abuse, suicide, and homicide and how 

13 those responses vary across the services. 

14 (3) The extent to which such responses are ef15 fective at ensuring victim safety, requiring offender 

16 accountability, and imposing sanctions on the of17 fender. 

18 (4) A review of the availability, accessibility, 

19 and effectiveness at increasing victim safety within 

20 the existing prevention and intervention programs 

21 available to victims of child maltreatment, abuse, 

22 suicide, and homicide within the Armed Forces. 


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1 (5) Recommendations for a comprehensive 

2 strategy for prevention and intervention in cases of 

3 child maltreatment, abuse, suicide, and homicide. 

Æ 


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