I 

108TH CONGRESS 

2D SESSION H. R. 5328

To provide additional funding to prevent sexual assaults in the military. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004

Mrs. MALONEY (for herself, Mrs. TAUSCHER, Ms. WATSON, and Mr. TOWNS) 

introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL

To provide additional funding to prevent sexual assaults in 

the military.

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. 

4 This Act may be cited as the ‘‘Preventing Sexual As5 saults in the Military Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) At least eighteen studies have been con9 ducted since 1988 regarding the instances of sexual 

10 assault and rape in the Armed Forces. 
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1 (2) A May 2003 survey of Air Force Academy 

2 cadets showed that 80.8 percent of females who said 

3 that they had been victims of sexual assault did not 

4 report the incident. 

5 (3) According to the April 2004 Department of 

6 Defense’s Task Force Report on Care for Victims of 

7 Sexual Assault, in 2002 and 2003, there were a 

8 total of 1913 alleged cases of sexual assault with 

9 uniformed service member victims reported. 

10 (4) The April 2004 Report states that 99 per11 cent of alleged service member offenders were male. 

12 (5) The April 2004 Report states that ‘‘existing 

13 policies and programs aimed at preventing sexual as14 sault are inconsistent and incomplete.’’. 

15 (6) The April 2004 Report states that ‘‘training 

16 and education designed to prevent sexual assault is 

17 limited and varies from location to location.’’. 

18 (7) The April 2004 Report states that many 

19 victims do not report their assaults for several rea20 sons, including fear that the chain of command will 

21 not believe them; embarrassment; fear of being stig22 matized; and fear of retaliation from the offender. 

23 (8) The April 2004 Report states that the ‘‘vic24 tim’s privacy needs must be positively assured.’’. 
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1 (9) The April 2004 Report states that ‘‘a sys2 tem to coordinate and track victim support services 

3 for effective case management does not exist at all 

4 installations.’’. 

5 (10) The April 2004 Report states that ‘‘there 

6 is a backlog of DNA evidence waiting for processing 

7 at the United States Army Criminal Investigation 

8 Laboratory (USACIL) and this can significantly 

9 delay investigations and prosecutions.’’. 

10 SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

11 (a) ELIMINATION OF DNA EVIDENCE BACKLOGS.—

12 There are authorized to be appropriated to the Secretary 

13 of Defense for each of fiscal years 2005, 2006, and 2007 

14 such funds as may be necessary to eliminate the backlog 

15 in processing of DNA evidence at any military DNA lab16 oratories, including the United States Army Criminal In17 vestigation Laboratory (USACIL). 

18 (b) TIMELY TESTING OF CRIME SCENE DNA SAM19 PLES.—There are authorized to be appropriated to the 

20 Secretary of Defense for each of fiscal years 2005, 2006, 

21 and 2007 such funds as may be necessary to ensure that 

22 DNA testing and analysis of samples from crimes, includ23 ing sexual assault and other serious violent crimes, are 

24 carried out in a timely manner. 
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1 (c) DISTRIBUTION OF DNA EVIDENCE KITS.—There 

2 are authorized to be appropriated to the Secretary of De3 fense for each of fiscal years 2005, 2006, and 2007 such 

4 funds as may be necessary to distribute a sufficient 

5 amount of DNA evidence kits to each military academy, 

6 domestic military base, overseas military base, and theater 

7 of operations. 

8 (d) ON-DUTY SANE OR SAFE PERSONNEL.—There 

9 are authorized to be appropriated to the Secretary of De10 fense for each of fiscal years 2005, 2006, and 2007 such 

11 funds as may be necessary to ensure that at least one mili12 tary medical personnel member, who is trained as a Sexual 

13 Assault Nurse Examiner (SANE) or Sexual Assault Fo14 rensic Examiner (SAFE), is on duty at all times in the 

15 health care facility at each military academy, domestic 

16 military base, overseas military base, and theater of oper17 ations, except in a case in which a memorandum of under18 standing between the military installation and a local civil19 ian hospital ensures that a nonmilitary person trained as 

20 a SANE or SAFE is on duty at all times.

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