I 

108TH CONGRESS 

2D SESSION H. R. 5391 

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 

NOVEMBER 18, 2004 

Ms. SLAUGHTER 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Prevention of and Response to Sexual Assault and Do4 mestic Violence in the Military Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings relating to domestic violence within the Armed Forces. 

Sec. 4. Findings relating to sexual misconduct in the Armed Forces. 

TITLE I—VICTIMS’ ADVOCATE PROGRAMS IN THE DEPARTMENT 

OF DEFENSE 

Sec. 101. Office of the victims’ advocate. 

Sec. 102. Victims advocates. 

TITLE II—INTERDISCIPLINARY COUNCILS WITHIN THE 

DEPARTMENT OF DEFENSE 

Sec. 201. Department of Defense interdisciplinary council. 

Sec. 202. Military department councils. 

Sec. 203. Conforming repeal. 

TITLE III—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. Investigations of sexual and domestic violence cases involving Department of Defense personnel. 

TITLE IV—PROTECTION OF PERSONS REPORTING SEXUAL 

ASSAULT OR DOMESTIC VIOLENCE 

Sec. 401. Protection of communications between victims and advocates. 

Sec. 402. Whistleblower protections for victim advocates. 

Sec. 403. Prohibition of compulsory disclosure of certain communications and 

information. 

TITLE V—PERSONNEL ADMINISTRATION MATTERS 

Sec. 501. Performance evaluations and benefits. 

TITLE VI—NATIONAL AND INTERNATIONAL HOTLINES 

AWARENESS, PREVENTION, AND INTERVENTION CAMPAIGN 

Sec. 601. Awareness, prevention, and intervention campaign. 
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TITLE VII—MEDICAL CARE AND TREATMENT FOR VICTIMS OF 

SEXUAL AND DOMESTIC VIOLENCE 

Sec. 701. Findings. 

Sec. 702. Enhanced Department of Defense treatment capacity. 

Sec. 703. Outreach program at the community level. 

Sec. 704. Equal treatment and services. 

Sec. 705. Evaluation of services and treatment within deployed units. 

Sec. 706. Emergency medical leave. 

Sec. 707. Reports. 

Sec. 708. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking. 

Sec. 709. Privacy safeguards. 

TITLE VIII—MILITARY-CIVILIAN SHELTER PROGRAMS 

Sec. 801. Enhanced capacity of the Department of Defense for shelter programs and services. 

TITLE IX—ENHANCEMENT OF ARMED FORCES DOMESTIC 

SECURITY ACT 

Sec. 901. Amendments to Servicemembers Civil Relief Act. 

TITLE X—CRIMES RELATED TO SEXUAL ASSAULT AND 

DOMESTIC VIOLENCE 

Subtitle A—Federal Criminal Code 

Sec. 1001. Assimilative crimes. 

Sec. 1002. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States. 

Sec. 1003. Technical amendments. 

Sec. 1004. Travel and transportation. 

Subtitle B—Uniform Code of Military Justice 

Sec. 1011. Military sexual assault. 

Sec. 1012. Stalking. 

Sec. 1013. Domestic violence and family violence. 

Sec. 1014. Protective orders. 

TITLE XI—VICTIM’S RIGHTS AND RESTITUTION 

Sec. 1101. Military law enforcement and victims’ rights. 

Sec. 1102. Incident reports. 

Sec. 1103. Victim advocates and victims’ rights. 

Sec. 1104. Restitution. 

Sec. 1105. Records of military justice actions. 

Sec. 1106. Technical amendments relating to fatality review panels. 

Sec. 1107. Enhanced capacity of the Department of Defense for victim services. 

TITLE XII—COUNSELING AND TREATMENT PROGRAMS OF 

DEPARTMENT OF VETERANS AFFAIRS 

Sec. 1201. Permanent authority for counseling and treatment of veterans for 

sexual trauma. 
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Sec. 1202. Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities. 

Sec. 1203. Improvement of program for provision of specialized mental health 

services to veterans. 

Sec. 1204. Enhancement of readjustment counseling services for reserve component members. 

TITLE XIII—ENHANCEMENT OF TREATMENT SERVICES FOR 

PERPETRATORS 

Sec. 1301. Enhanced capacity of the Department of Defense for treatment 

services for offenders. 

TITLE XIV—PREVENTION AND INTERVENTION TRAINING IN THE 

DEPARTMENT OF DEFENSE 

Sec. 1401. Prevention and intervention training awards. 

TITLE XV—RESEARCH ON PREVALENCE, NEEDS ASSESSMENT, 

SERVICES, AND ACCOUNTABILITY 

Sec. 1501. Research on sexual assault in the Armed Forces. 

Sec. 1502. Research on institutional procedures for reporting sexual assaults in 

the Armed Forces. 

Sec. 1503. Research on domestic violence associated with the Armed Forces. 

Sec. 1504. Research on institutional procedures for reporting domestic violence 

in the Armed Forces. 

Sec. 1505. Research on dating violence associated with the Armed Forces. 

Sec. 1506. Research on sexual violence perpetrated upon civilians. 

Sec. 1507. Research on child maltreatment, abuse, and homicide in the Armed 

Forces. 

TITLE XVI—SUMMIT ON SEXUAL ASSAULT AND DOMESTIC 

VIOLENCE 

Sec. 1601. Purposes. 

Sec. 1602. Establishment. 

Sec. 1603. Eligible participants. 

Sec. 1604. Summit activities. 

Sec. 1605. Authorization of appropriations. 

TITLE XVII—CONFERENCE ON SEXUAL ASSAULT AND DOMESTIC 

VIOLENCE 

Sec. 1701. Establishment. 

Sec. 1702. Conference participants. 

Sec. 1703. Conference activities. 

Sec. 1704. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic 

4 violence’’ has the meaning given that term in section 
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1 2003 of title I of the Omnibus Crime Control and 

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

3 (2) FAMILY VIOLENCE.—The term ‘‘family vio4 lence’’ has the meaning given that term in section 

5 308 of the Family Violence Prevention and Services 

6 Act (42 U.S.C. 10408). 

7 (3) SEXUAL ASSAULT.—The term ‘‘sexual as8 sault’’ means any conduct proscribed by chapter 

9 109A of title 18, United States Code, whether or not 

10 the conduct occurs in the special maritime and terri11 torial jurisdiction of the United States or in a Fed12 eral prison and includes both assaults committed by 

13 offenders who are strangers to the victim and as14 saults committed by offenders who are known or re15 lated by blood or marriage to the victim. 

16 (4) SEXUAL MISCONDUCT.—The term ‘‘sexual 

17 misconduct’’ includes the following: 

18 (A) Sexual harassment, entailing any con19 duct involving sexual harassment that— 

20 (i) in the case of conduct of a person 

21 who is subject to the provisions of chapter 

22 47 of title 10, United States Code (the 

23 Uniform Code of Military Justice), com24 prises a violation of a provision of sub25 chapter X of such chapter (relating to pu-
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1 nitive articles of such Code) or an applica2 ble regulation, directive, or guideline re3 garding sexual harassment that is pre4 scribed by the Secretary of Defense or the 

5 Secretary of a military department; and 

6 (ii) in the case of an employee of the 

7 Department of Defense or a family mem8 ber subject to the jurisdiction of the Sec9 retary of Defense or of the Secretary of a 

10 military department, comprises a violation 

11 of a regulation, directive, or guideline that 

12 is applicable to such employee or family 

13 member. 

14 (B) Sexual abuse. 

15 (C) Sexual assault. 

16 (D) Sexual battery. 

17 (E) Rape. 

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

19 engaging in a course of conduct as proscribed in 

20 chapter 109A of title 18, United States Code, as di21 rected at a specific person that would cause a rea22 sonable person to fear death, sexual assault, or bod23 ily injury to himself or herself or a member of his 

24 or her immediate family when— 
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1 (A) the person engaging in such conduct 

2 has knowledge or should have knowledge that 

3 the specific person will be placed in reasonable 

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

5 himself or herself or a member of his or her im6 mediate family; and 

7 (B) the conduct induces fear in the specific 

8 person of death, sexual assault, or bodily injury 

9 to himself or herself or a member of his or her 

10 immediate family. 

11 (6) ARMED FORCES.—The term ‘‘Armed 

12 Forces’’ has the meaning provided in section 

13 101(a)(4) of title 10, United States Code. 

14 (7) FAMILY ADVOCACY PROGRAM.—The term 

15 ‘‘family advocacy program’’ has the meaning pro16 vided in Department of Defense Directive 6400.1, 

17 issued by the Office of Family Policy of the Depart18 ment of Defense established by section 1781 of title 

19 10, United States Code. 

20 (8) VICTIMS’ ADVOCATES PROGRAM.—The term 

21 ‘‘victims’ advocates program’’ means a program es22 tablished within a military department pursuant to 

23 section 534(a) of the National Defense Authoriza24 tion Act for Fiscal Year 1995 (10 U.S.C. 113 note). 
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1 (9) VICTIM.—The term ‘‘victim’’ means a per2 son who is a victim of domestic violence, family vio3 lence, sexual assault, stalking, or sexual misconduct 

4 committed— 

5 (A) by or upon a member of the Armed 

6 Forces; 

7 (B) by or upon a family member of a 

8 member of the Armed Forces; 

9 (C) by or upon a person who shares a child 

10 in common with a member of the Armed 

11 Forces; 

12 (D) by or upon a person who is cohabiting 

13 with or has cohabited as a spouse with a mem14 ber of the Armed Forces; 

15 (E) by or upon a person similarly situated 

16 to a spouse of a member of the Armed Forces; 

17 or 

18 (F) by or upon any other person who is 

19 protected from the acts of a member of the 

20 Armed Forces or an officer or employee of the 

21 Department of Defense in the official capacity 

22 of that member, officer, or employee. 

23 (10) VICTIM SERVICES.—The term ‘‘victim 

24 services organization’’ means a nonprofit, non25 governmental organization or a public, nonprofit or-
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1 ganization acting in a nongovernmental capacity 

2 that assists domestic violence, family violence, or 

3 sexual assault victims, including women’s centers, 

4 rape crisis centers, battered women’s shelters, and 

5 other sexual assault, domestic violence or dating vio6 lence programs, including counseling, support and 

7 victim advocate organizations with domestic violence, 

8 dating violence, stalking, and sexual assault pro9 grams. 

10 (11) DATING VIOLENCE.—The term ‘‘dating vi11 olence’’ means violence committed by a person— 

12 (A) who is or has been in a social relation13 ship of a romantic or intimate nature with the 

14 victim; and 

15 (B) where the existence of such a relation16 ship shall be determined based on a consider17 ation of— 

18 (i) the length of the relationship; 

19 (ii) the type of relationship; and 

20 (iii) the frequency of interaction be21 tween the persons involved in the relation22 ship. 

23 (12) ELECTRONIC COMMUNICATION.—The term 

24 ‘‘electronic communication’’ has the meaning given 
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1 that term in paragraph (12) of section 2510 of title 

2 18, United States Code. 

3 (13) STATE.—The term ‘‘State’’ includes the 

4 District of Columbia, the Commonwealth of Puerto 

5 Rico, the Commonwealth of the Northern Mariana 

6 Islands, Guam, the Virgin Islands, American Samoa, 

7 and any other territory or possession of the United 

8 States. 

9 (14) TRANSITIONAL HOUSING.—The term 

10 ‘‘transitional housing’’ includes short-term housing 

11 and has the meaning given that term in section 

12 424(b) of the McKinney-Vento Homeless Assistance 

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

14 (15) COMPLAINT.—The term ‘‘complaint’’, with 

15 respect to an allegation of family violence, sexual as16 sault, stalking, or domestic violence, includes a re17 port of such allegation. 

18 (16) MILITARY LAW ENFORCEMENT OFFI19 CIAL.—The term ‘‘military law enforcement official’’ 

20 means a person authorized under regulations gov21 erning the Armed Forces to apprehend persons sub22 ject to the Uniform Code of Military Justice (chap23 ter 47 of title 10, United States Code) or to trial 

24 thereunder. 
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1 (17) BATTERERS PROGRAM.—The term 

2 ‘‘batterers program’’ means a program approved or 

3 certified by a State that is operated by a public or 

4 not-for-profit organization for the purpose of pro5 viding battering prevention and educational services 

6 the goal of which is to help clients end abusive be7 haviors and components of which include— 

8 (A) an educational instruction and group 

9 discussion model to provide information about 

10 domestic violence; the illegality of domestic vio11 lence, and the responsibility for and alternative 

12 choices to abusive behavior; and 

13 (B) a long-term group that helps end the 

14 violent behavior of its participants with formal 

15 linkages to the local criminal justice systems 

16 and to area domestic violence services. 

17 (18) REPRESENTATIVE OF THE VICTIM.—The 

18 term ‘‘representative of the victim’’ means, with re19 spect to a victim, any of the following: 

20 (A) The surviving spouse. 

21 (B) A surviving child of the decedent who 

22 has attained 18 years of age. 

23 (C) A surviving parent of the decedent. 

24 (D) A surviving adult relative. 
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1 (E) The public administrator appointed by 

2 a probate court, if one has been appointed. 

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

4 any of the following: 

5 (A) A person who is or has been in a social 

6 relationship of a romantic or intimate nature 

7 with another, where the existence of such a re8 lationship is determined based on a consider9 ation of the length of the relationship, the type 

10 of relationship, and the frequency of interaction 

11 between the persons involved in the relation12 ship. 

13 (B) A person who shares a child in com14 mon with another person. 

15 (C) A person who is cohabiting with or has 

16 cohabited as a spouse by regularly residing in 

17 the household. 

18 (D) A person similarly situated to a 

19 spouse. 

20 (E) A former spouse. 

21 SEC. 3. FINDINGS RELATING TO DOMESTIC VIOLENCE 

22 WITHIN THE ARMED FORCES. 

23 Congress makes the following findings: 

24 (1) The prevalence of intimate partner violence 

25 associated with the Armed Forces is dramatic. In 
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1 fiscal year 2001, 18,000 reported cases of spouse 

2 abuse occurred involving military personnel, of which 

3 11,000 cases were substantiated by the Department 

4 of Defense Family Advocacy Program. 

5 (2) In a survey of intimate partner violence 

6 among married members of the Armed Forces, ap7 proximately 30 percent of the respondents who ac8 knowledged using a knife or gun on an intimate 

9 partner were single service members. Thirty-three 

10 percent of never-married soldiers reported using a 

11 knife or a gun; however only five percent of the 

12 never married soldiers answered the survey. 

13 (3) The predominant type of spouse abuse asso14 ciated with the Armed Forces is physical assault. A 

15 study found that 85 percent of the offenders in the 

16 Armed Forces committed physical assaults. 

17 (4) Several studies commissioned by the De18 partment of Defense have concluded that the De19 partment and its service branches have failed to 

20 standardize data collection and that data related to 

21 recidivism and reoffense are unreliable. Under22 reporting, informal handling, and slippages in cen23 tral data collection have also been cited as contrib24 uting to the lack of reliable data. 
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1 (5) The victims of intimate partner violence as2 sociated with the Armed Forces are particularly vul3 nerable due to isolation, mobile residency, financial 

4 insecurity, and fear of adverse career consequences 

5 and impact, with resultant severe underreporting of 

6 incidents and the failure to access services, care, and 

7 treatment. 

8 (6) The safety of the victim is significantly af9 fected by confusion over the definition of intimate 

10 partner violence, family violence, sexual assault, 

11 rape, and spouse abuse. 

12 (7) The safety of a victim is significantly af13 fected by the substantiation of mutual abuse. A 

14 study conducted by the Department of Defense con15 cluded that 33 percent of the offenders were involved 

16 in mutual abuse. The identification of the primary 

17 aggressor is essential to the safety of a victim. 

18 (8) The victims of family violence are vulner19 able to eviction from military housing. Department 

20 of Defense data indicates that 47 percent of the vic21 tims of family violence reside on a military installa22 tion. The Department of Defense should support 

23 transitional housing for family members challenged 

24 by domestic violence, sexual assault, or stalking. 
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1 (9) The Department of Defense has sponsored 

2 programs to prevent, identify, and curtail family vio3 lence. The rehabilitative, nonjudicial, legal, and judi4 cial responses to family violence are not standard5 ized or comprehensive for the Armed Forces. 

6 (10) The Department of Defense has acknowl7 edged multiple barriers to operating programs to 

8 curtail intimate partner violence, including lack of 

9 awareness and understanding in the military com10 munity of the signs and dynamics of family violence, 

11 inconsistent command support for Family Advocacy 

12 Program recommendations and interventions, oper13 ational barriers to victim safety and client participa14 tion, and unit deployment schedules interfering with 

15 full participation in and timely completion of treat16 ment programs by active-duty servicemembers. 

17 (11) Commander discretion plays a major role 

18 in a zero tolerance climate, victim safety, and of19 fender accountability. Command support and train20 ing by professionals in the fields of family violence 

21 and sexual assault would enhance the readiness of 

22 the Armed Forces. 

23 (12) The rates of domestic violence among 

24 members of the Armed Forces are considerably high-
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1 er than anticipated and are two, three, four, or five 

2 times higher than the civilian rate. 

3 (13) Military deployments affect the prevalence 

4 and severity of abuse within the Armed Forces. 

5 (14) A review of homicides within the Armed 

6 Forces indicates that firearms were used against 35 

7 percent of female victims, while 28 percent of female 

8 victims were beaten or strangled. Females were over 

9 ten times more likely than males to be strangled. 

10 The study concluded that active-duty females were 

11 at increased risk for homicide in comparison to both 

12 males in the Armed Forces and females in the gen13 eral population. 

14 (15) Five to six percent of substantiated offend15 ers are court-martialed by military authorities. 

16 (16) A study commissioned by the Department 

17 of Defense concluded that 75 to 84 percent of ac18 tive-duty offenders were discharged honorably. 

19 (17) The health and welfare of Armed Forces 

20 personnel, families, and partners would be greatly 

21 enhanced by elimination of domestic and family vio22 lence. 

23 SEC. 4. FINDINGS RELATING TO SEXUAL MISCONDUCT IN 

24 THE ARMED FORCES. 

25 Congress makes the following findings: 
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1 (1) The first large-scale survey of sexual mis2 conduct within the Armed Forces concluded that 5 

3 percent of female respondents and 1 percent of male 

4 respondents were victims of completed or attempted 

5 rape. 

6 (2) The most recent estimates suggest that sex7 ual misconduct in the Armed Forces has decreased 

8 from 6 percent of female respondents reporting a 

9 completed or attempted rape to 3 percent of female 

10 respondents reporting the same. 

11 (3) Department of Defense surveys have ranked 

12 the prevalence of sexual misconduct among the serv13 ices, citing 9 percent of female Marines were victims 

14 of an attempted or completed rape, 8 percent of fe15 male Army personnel, 6 percent of female Naval per16 sonnel, and 4 percent of Air Force female personnel. 

17 (4) A survey by the Department of Veterans 

18 Affairs concluded that 30 percent of female veterans 

19 report an attempted or completed rape during active 

20 duty. Thirty-seven percent of the women who re21 ported an attempted or completed rape had been 

22 raped more than once, while 14 percent of the vic23 tims reported being gang raped. 

24 (5) The disparity between the surveys con25 ducted by the Department of Defense and Depart-
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1 ment of Veterans Affairs entails the application of 

2 research protocols varying from civilian practices, in3 cluding the protection of human subjects, anonymity 

4 for respondents, and behavior based questionnaires. 

5 (6) Men accounted for 22 percent of those seek6 ing treatment for sexual trauma at the Veterans’ 

7 Centers in 1996, an increase from 13 percent in 

8 1994. The percentage of male sexual trauma vic9 tims, 9 percent, is significantly higher than in the ci10 vilian community. 

11 (7) Eight percent of female Persian Gulf War 

12 veterans in a survey reported being sexually abused 

13 during Operation Desert Shield and Operation 

14 Desert Storm. The rate of victimization experienced 

15 by female servicemembers deployed during the Gulf 

16 War represents nearly a 10-fold increase over rates 

17 obtained using female civilian community samples. 

18 (8) In a survey of veterans seeking disability 

19 benefits from the Department of Veterans Affairs 

20 for post-traumatic stress disorder (PTSD), 6.5 per21 cent of male combat veterans reported an in service 

22 or post service sexual assault, while 16.5 percent of 

23 noncombat veterans reported an in service or post 

24 service sexual assault; 69 percent of female combat 

25 veterans and 86.6 percent of female noncombat vet-
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1 erans reported an in-service or post service sexual 

2 assault. The reported rates of sexual assault are 

3 higher among veterans seeking veterans’ disability 

4 benefits for PTSD than the historically reported 

5 rates for men and women in the general population. 

6 (9) The military environment is more power7 fully associated with risk than individual factors, en8 compassing young women entering male dominated 

9 working groups at lower levels of authority, sexual 

10 harassment by officers, and unwanted advances on 

11 duty and in sleeping quarters. 

12 (10) The prior victimization of the female 

13 servicemembers has been cited in numerous service 

14 sponsored studies. Prior victimization results in en15 hanced vulnerability of a victim. 

16 (11) Female servicemembers are less likely to 

17 report harassment, rape, and family violence due to 

18 fear of adverse career impact and charges of drink19 ing, fraternization, and adultery. 

20 (12) The response of the Armed Forces is pre21 dominantly an administrative intervention rather 

22 than criminal investigations, charges, and judicial 

23 proceedings. 

24 (13) The overlap of physical, sexual, and emo25 tional abuse is routinely found in studies and case 
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1 histories of survivors. Research relative to active 

2 duty military women has cited this overlap indi3 cating that one third of female veterans who experi4 ence physical assault by an intimate partner also re5 port being sexually assaulted. 

6 TITLE I—VICTIMS’ ADVOCATE 

7 PROGRAMS IN THE DEPART8 MENT OF DEFENSE. 

9 SEC. 101. OFFICE OF THE VICTIMS’ ADVOCATE. 

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

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

12 following new chapter: 

13 ‘‘CHAPTER 90—OFFICE OF THE VICTIMS’ 

14 ADVOCATE 

‘‘1811. Office of the Victims’ Advocate: establishment. 

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

‘‘1813. Office of the Victims’ Advocate: Director and staff. 

‘‘1814. Office of the Victims’ Advocate: access. 

‘‘1815. Office of the Victims’ Advocate: authorities and powers. 

‘‘1816. Office of the Victims’ Advocate: victim protection actions. 

‘‘1817. Office of the Victims’ Advocate: victims advocates whistleblower protections. 

‘‘1818. Office of the Victims’ Advocate: annual assessment. 

‘‘1819. Office of the Victims’ Advocate: annual reports. 

‘‘1820. Office of the Victims’ Advocate: policy implementation. 

‘‘1821. Authorization of appropriations. 

15 ‘‘§ 1811. Office of the Victims’ Advocate: establish16 ment 

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

18 Secretary of Defense an Office of the Victims’ Advocate 

19 (hereinafter in this chapter referred to as the ‘Office’). 
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1 ‘‘(b) VICTIM DEFINED.—In this chapter, the term 

2 ‘victim’ means a person who is a victim of domestic vio3 lence, family violence, sexual assault, stalking, or sexual 

4 misconduct committed— 

5 ‘‘(1) by or upon a member of the armed forces; 

6 ‘‘(2) by or upon a family member of a member 

7 of the armed forces; 

8 ‘‘(3) by or upon a person who shares a child in 

9 common with a member of the armed forces; 

10 ‘‘(4) by or upon a person who is cohabiting with 

11 or has cohabited as a spouse with a member of the 

12 armed forces; 

13 ‘‘(5) by or upon a person similarly situated to 

14 a spouse of a member of the armed forces; or 

15 ‘‘(6) by or upon any other person who is pro16 tected from the acts of a member of the armed 

17 forces or an officer or employee of the Department 

18 of Defense in the official capacity of that member, 

19 officer, or employee. 

20 ‘‘§ 1812. Office of the Victims’ Advocate: responsibil21 ities 

22 ‘‘(a) COORDINATION FUNCTIONS.—(1) The Office 

23 shall restore access to services for victims and survivors 

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

25 stalking. 
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1 ‘‘(2) The Office shall contract victim advocates in the 

2 Department of Defense for purposes of victims’ advocates 

3 programs in the Department of Defense under section 534 

4 of the National Defense Authorization Act for Fiscal Year 

5 1995 (10 U.S.C. 113 note). In awarding contracts under 

6 this paragraph, the Director shall— 

7 ‘‘(A) ensure that such contracts are awarded on 

8 a competitive basis; 

9 ‘‘(B) ensure, to the extent practicable, an equi10 table geographic distribution among the regions of 

11 the United States and among urban, suburban and 

12 rural areas; 

13 ‘‘(C) give preference to applicants with strong 

14 ties to minority communities and those that dem15 onstrate high levels of cultural competence; and 

16 ‘‘(D) ensure that the victim advocates have re17 ceived specialized training in the counseling and sup18 port of victims and that each victim advocate meets 

19 the following requirements: 

20 ‘‘(i) Has a master’s degree in counseling or 

21 a related field or has one year of counseling ex22 perience, at least six months of which has been 

23 in the counseling of sexual assault or domestic 

24 violence victims. 
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1 ‘‘(ii) Has at least 40 hours of training as 

2 specified by regulations prescribed by the Direc3 tor, including training in the following areas: 

4 ‘‘(I) History of domestic violence and 

5 sexual assault. 

6 ‘‘(II) Civil, criminal and military law 

7 as it relates to domestic violence and sex8 ual assault. 

9 ‘‘(III) Societal attitudes. 

10 ‘‘(IV) Peer counseling techniques. 

11 ‘‘(V) Housing. 

12 ‘‘(VI) Public and private assistance 

13 available to victims. 

14 ‘‘(VII) Financial resources for victims. 

15 ‘‘(VIII) Safety and protection re16 sources for victims. 

17 ‘‘(IX) Victim and transitional com18 pensation. 

19 ‘‘(X) Benefits. 

20 ‘‘(XI) Referral services available to 

21 victims. 

22 ‘‘(3) The Office shall serve as headquarters program 

23 manager for the Victims’ Advocates Program in the De24 partment of Defense under section 534 of the National 
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1 Defense Authorization Act for Fiscal Year 1995 (10 

2 U.S.C. 113 note). 

3 ‘‘(4) The Office shall obtain for any victim of domes4 tic violence, family violence, sexual assault, or stalking re5 ferred to in this section, from any facility of the uniformed 

6 services or any other health care facility of the United 

7 States or, by contract, from any other source, medical 

8 services, counseling, and other mental health services ap9 propriate for treatment, including— 

10 ‘‘(A) injuries resulting from domestic violence, 

11 sexual assault or stalking; 

12 ‘‘(B) rape evidence kits; 

13 ‘‘(C) DNA screening and testing; 

14 ‘‘(D) sexually transmitted diseases screening 

15 and treatment; 

16 ‘‘(E) HIV screening and treatment; 

17 ‘‘(F) pregnancy testing; 

18 ‘‘(G) FDA-approved methods of pregnancy pre19 vention, including emergency contraception; 

20 ‘‘(H) reproductive services, including prenatal 

21 care and abortions as authorized by section 1093 of 

22 this title; and 

23 ‘‘(I) other mental and physiological results of 

24 the domestic violence, sexual assault, or stalking. 
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1 ‘‘(5) The Office shall coordinate and facilitate serv2 ices within the military departments for victims and sur3 vivors of domestic violence, family violence, sexual assault, 

4 and stalking. 

5 ‘‘(6) The Office shall coordinate programs and activi6 ties of the military departments relative to services and 

7 treatment for victims of domestic violence, family violence, 

8 sexual assault, and stalking. 

9 ‘‘(b) EVALUATION AND REVIEW RESPONSIBIL10 ITIES.—The Director shall carry out the following ongoing 

11 evaluations and reviews: 

12 ‘‘(1) Evaluation of the policies and protocols es13 tablished by the military departments providing such 

14 services and treatment, with a view towards the 

15 rights of victims of domestic violence, family vio16 lence, sexual assault, and stalking. 

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

18 the military departments providing services to vic19 tims of domestic violence, family violence, sexual as20 sault, and stalking. 

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

22 the military departments that provide services and 

23 treatment to victims of domestic violence, family vio24 lence, sexual assault, and stalking through funds 

25 provided by the Department of Defense, Department 
26 

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1 of Justice, or Department of Health and Human 

2 Services. 

3 ‘‘(4) Annual review of the facilities of the De4 partment of Defense providing services to victims of 

5 domestic violence, family violence, sexual assault, or 

6 stalking. 

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

8 Violence Hotline, the National Sexual Assault Hot9 line, and the American Women Overseas Hotline rel10 ative to projects for military personnel, families and 

11 partners, and installation hotlines for victims of do12 mestic violence, family violence, sexual assault, or 

13 stalking. 

14 ‘‘(6) Annual review of the victim witness assist15 ance programs within the Department of Defense. 

16 ‘‘(7) Review of complaints of persons and inves17 tigation of those where victims may be in need of or 

18 benefit from assistance from a victim advocate. 

19 ‘‘(8) Serve or designate a person to serve on the 

20 interdisciplinary councils under sections 201 and 

21 202 of the Prevention of and Response to Sexual As22 sault and Domestic Violence in the Military Act. 

23 ‘‘(9) Serve or designate a person to serve on the 

24 fatality review panels established by the Secretary of 
27 

•HR 5391 IH 

1 Defense under sections 4061, 6036, and 9061 of 

2 this title. 

3 ‘‘(c) POLICY RESPONSIBILITIES.—(1) The Director 

4 shall recommend to the Secretary of Defense and the Sec5 retaries of the military departments a comprehensive pol6 icy on prevention and intervention to domestic violence, 

7 family violence, sexual assault and stalking involving mem8 bers of the armed forces, families, and partners. The com9 prehensive policy shall address the following matters: 

10 ‘‘(A) Prevention measures. 

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

12 intervention. 

13 ‘‘(C) Investigation of complaints by command 

14 and law enforcement personnel. 

15 ‘‘(D) Medical treatment of victims. 

16 ‘‘(E) Confidential reporting of incidents. 

17 ‘‘(F) Victim advocacy and intervention. 

18 ‘‘(G) Oversight by commanders of administra19 tive and disciplinary actions in response to substan20 tiated incidents of domestic violence, family violence, 

21 sexual assault, or stalking. 

22 ‘‘(H) Disposition of victims of domestic vio23 lence, family violence, sexual assault, or stalking, in24 cluding review by appropriate authority of adminis25 trative separation actions involving victims of domes-
28 

•HR 5391 IH 

1 tic violence, family violence, sexual assault, or stalk2 ing. 

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

4 forces accused of domestic violence, family violence, 

5 sexual assault, or stalking. 

6 ‘‘(J) Liaison and collaboration with civilian 

7 agencies on the provision of services to victims of do8 mestic violence, family violence, sexual assault, or 

9 stalking. 

10 ‘‘(K) Uniform collection of data on the inci11 dence of sexual assaults and on disciplinary actions 

12 taken in substantiated cases of domestic violence, 

13 family violence, sexual assault, or stalking. 

14 ‘‘(2) Not later than January 1, 2005, the Secretary 

15 of Defense, acting through the Office of the Victims’ Ad16 vocate, shall develop a comprehensive policy for the De17 partment of Defense on the prevention and intervention 

18 of domestic violence, sexual assault, family violence and 

19 stalking involving members of the armed forces. The policy 

20 shall be based on— 

21 ‘‘(A) a review of— 

22 ‘‘(i) the Department of Defense Task 

23 Force on Care for Victims of Sexual Assaults; 

24 and 
29 

•HR 5391 IH 

1 ‘‘(ii) the Defense Task Force on Domestic 

2 Violence; and 

3 ‘‘(B) such other matters as the Secretary, in 

4 consultation with the Director of the Office of the 

5 Victims’ Advocate, considers appropriate. 

6 ‘‘(3) The Office shall recommend changes in policies, 

7 personnel, and procedures for dealing with domestic vio8 lence, family violence, sexual assault and stalking based 

9 on evaluations outlined in subsection (b) and as the Direc10 tor of the Office of the Victims’ Advocate considers appro11 priate. 

12 ‘‘(4) The Office shall establish protective provisions 

13 and protocols, including a privacy privilege and nondisclo14 sure policy. 

15 ‘‘(5) The Office shall prescribe regulations to estab16 lish responsibilities of military law enforcement officials at 

17 the scene of domestic violence, as defined by section 1058 

18 of this title, and fatality review panels, as defined by sec19 tions 4061, 6036, and 9061 of this title, to carry out the 

20 provisions of those sections. 

21 ‘‘(6) The Office shall propose systemic reform and 

22 formal legal action to secure and ensure the legal, civil, 

23 and special rights of victims associated with the armed 

24 forces. 
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•HR 5391 IH 

1 ‘‘(d) EDUCATION AND TRAINING RESPONSIBIL2 ITIES.—(1) The Office shall conduct training for and pro3 vide technical assistance to— 

4 ‘‘(A) commands; 

5 ‘‘(B) victim advocates; 

6 ‘‘(C) Family Advocacy Programs; 

7 ‘‘(D) victim witness assistance; 

8 ‘‘(E) commissions; liaisons; 

9 ‘‘(F) judge advocates; and 

10 ‘‘(G) law enforcement and security forces of the 

11 military departments. 

12 ‘‘(2) The Office shall conduct annual, Defense-wide, 

13 mandatory training for— 

14 ‘‘(A) command staff; first responders, including 

15 commanders; 

16 ‘‘(B) law enforcement; 

17 ‘‘(C) security forces; 

18 ‘‘(D) victim advocates; 

19 ‘‘(E) military criminal investigators; 

20 ‘‘(F) Family Advocacy Programs; 

21 ‘‘(G) sexual assault nurse examiners; 

22 ‘‘(H) rape crisis advocates; 

23 ‘‘(I) chaplains; 

24 ‘‘(J) military health care providers; 

25 ‘‘(K) judge advocates; and 
31 

•HR 5391 IH 

1 ‘‘(L) other relevant staff. 

2 ‘‘(3) The Office shall conduct train-the-trainer ses3 sions to supplement annual mandatory training for first 

4 responders and command staff with quarterly training 

5 within commands. 

6 ‘‘(4) The Office shall conduct programs of public edu7 cation, including the development and distribution of bro8 chures, booklets, posters, and handbooks outlining hot9 lines, services, contact information, policies, and protocols 

10 for victims. 

11 ‘‘§ 1813. Office of the Victims’ Advocate: Director and 

12 staff 

13 ‘‘(a) DIRECTOR.—(1) The Director of the Office shall 

14 be a person with knowledge of victims’ rights, advocacy, 

15 social services, and justice within Federal, State, and mili16 tary systems. 

17 ‘‘(2) The Director shall be a civilian qualified by 

18 training and expertise to perform the responsibilities of 

19 the Office and possessing a significant level of experience 

20 in advocacy for victims of sexual assault, domestic vio21 lence, family violence, and stalking. 

22 ‘‘(3) The Director reports directly to the Secretary 

23 of Defense. 

24 ‘‘(4) The position of Director is a Senior Executive 

25 Service position. The Secretary of Defense shall designate 
32 

•HR 5391 IH 

1 the position as a career reserved position under section 

2 3132(b) of title 5. 

3 ‘‘(5) The Secretary of Defense shall consult with the 

4 interdisciplinary council established under section 201 of 

5 the Prevention of and Response to Sexual Assault and Do6 mestic Violence in the Military Act in the appointment of 

7 the Director. 

8 ‘‘(b) VICTIMS ADVOCATES.—(1) Victims advocates 

9 positions (as defined by section 534 of the National De10 fense Authorization Act for Fiscal Year 1995 (10 U.S.C. 

11 113 note)) shall be contracted by and assigned to the Di12 rector. Personnel shall be qualified by training, certifi13 cation, and expertise to perform the duties of a victim ad14 vocate. 

15 ‘‘(2) Victim advocates shall be civilians qualified by 

16 training, expertise, and certification to perform the re17 sponsibilities of the position, possessing a significant level 

18 of knowledge relative to the armed forces community and 

19 experience in advocacy for victims of sexual assault, do20 mestic violence, family violence, and stalking. 

21 ‘‘(3) The victim advocates report directly to the Di22 rector or the Director’s designee within the Office. 

23 ‘‘(4) The Director shall consult with the interdiscipli24 nary councils established under sections 201 and 202 of 

25 the Prevention of and Response to Sexual Assault and Do-
33 

•HR 5391 IH 

1 mestic Violence in the Military Act in the contracting of 

2 victim advocates. 

3 ‘‘(5) To the maximum extent practicable, the victim 

4 advocates shall be generally representative of the popu5 lation of the United States with regard to race, gender, 

6 and cultural diversity. 

7 ‘‘(c) VICTIM WITNESS PERSONNEL.—Victim witness 

8 personnel shall be assigned to the Office. 

9 ‘‘(d) STAFF.—(1) Staff shall be provided to carry out 

10 the responsibilities of the Office, including sexual assault 

11 nurse examiners, community liaisons, trauma specialists, 

12 perpetrator behavioral specialists, and such other per13 sonnel as may be required to carry out the provisions of 

14 this section. 

15 ‘‘(2) To the maximum extent practicable, the staff 

16 of the Office shall be generally representative of the popu17 lation of the United States with regard to race, gender, 

18 and cultural diversity. 

19 ‘‘§ 1814. Office of the Victims’ Advocate: access 

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

21 of the Office shall have direct and prompt access to the 

22 Secretary of Defense, the Secretary of each military de23 partment, and any commander when necessary for any 

24 purpose pertaining to the performance of the Director’s 

25 duties. 
34 

•HR 5391 IH 

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

2 have access to the following: 

3 ‘‘(1) Name of a victim receiving services, treat4 ment, or other programs under the jurisdiction of 

5 the military departments and the location of the vic6 tim, if in custody. 

7 ‘‘(2) Written reports of sexual assault, sexual 

8 misconduct, domestic violence, family violence, or 

9 stalking prepared by the military departments. 

10 ‘‘(3) Records required to maintain the respon11 sibilities assigned to the Office. 

12 ‘‘(4) Records of law enforcement, criminal in13 vestigative organizations, health care providers, and 

14 command and Family Advocacy Programs as may be 

15 necessary to carry out the responsibilities of the Of16 fice. 

17 ‘‘(c) CONFIDENTIALITY.—To the extent that any in18 formation referenced in this section provides the name and 

19 address of an individual who is the subject of any con20 fidential proceeding, that name and address or related in21 formation that has the effect of identifying such individual 

22 shall not be released to the public without the consent of 

23 such individual. 
35 

•HR 5391 IH 

1 ‘‘§ 1815. Office of the Victims’ Advocate: authorities 

2 and powers 

3 ‘‘(a) IN GENERAL.—The Office of the Victims’ Advo4 cate shall have the following authorities and powers: 

5 ‘‘(1) To communicate privately by mail or orally 

6 with any victim, survivor, or family in treatment or 

7 under protective services of a military department. 

8 ‘‘(2) To have access to records held by the clerk 

9 of courts, law enforcement, agencies, and institu10 tions, public or private, and other agencies or per11 sons with whom a particular case has been exam12 ined, including the right to inspect, copy, and sub13 poena such records. 

14 ‘‘(3) To take whatever steps are appropriate to 

15 see that persons are made aware of the services of 

16 the Office, the purpose of the Office, and how the 

17 Office may be contacted. 

18 ‘‘(4) To establish policies, procedures, and prac19 tices in order to protect the privacy and confiden20 tiality of communications for persons seeking infor21 mation and services with victim advocates and victim 

22 witness liaisons contracted by and assigned to the 

23 Office. 

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

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

26 domestic violence, family violence, sexual assault, sexual 
36 

•HR 5391 IH 

1 misconduct, or stalking and their families, the Office shall 

2 protect the confidentiality and privacy of persons receiving 

3 services. The Office may not disclose any personally identi4 fying information or individual information collected in 

5 connection with services requested, used, or denied 

6 through its programs. The Office may not reveal indi7 vidual victim information without the informed, written, 

8 reasonably time-limited consent of the person (or in the 

9 case of unemancipated minor, the minor and the parent 

10 or guardian) about whom information is sought, whether 

11 for the Office or for any other military, Tribal, Federal, 

12 State, or Territorial program. 

13 ‘‘(2) If release of information referred to in para14 graph (1) is compelled by statutory or court mandate, the 

15 Office shall make reasonable attempts to provide notice 

16 to victims affected by the disclosure of the information. 

17 If such personally identifying information is or will be re18 vealed, the Office shall take steps necessary to protect the 

19 privacy and safety of the persons affected by the release 

20 of the information. 

21 ‘‘(3) The Office may share nonpersonally identifying 

22 data in the aggregate regarding services to the Office’s 

23 clients and nonpersonally identifying demographic infor24 mation in order to comply with armed forces, Tribal, Fed-
37 

•HR 5391 IH 

1 eral, State or Territorial reporting, evaluation, or data col2 lection requirements. 

3 ‘‘(4) The Office may share court-generated informa4 tion contained in secure, governmental registries for pur5 poses of enforcement of protection orders. 

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

7 this section, the term ‘personally identifying information’ 

8 means individually identifying information from or about 

9 an individual, including the following: 

10 ‘‘(1) A first and last name. 

11 ‘‘(2) A home or other physical address, includ12 ing street name and name of city or town. 

13 ‘‘(3) If a member or former member of the 

14 armed forces— 

15 ‘‘(A) active duty, reservist, guard, or vet16 eran status; 

17 ‘‘(B) assigned rate or rank; 

18 ‘‘(C) duty station or deployment status; 

19 and 

20 ‘‘(D) squad, unit, platoon, ship, fleet, wing, 

21 squadron, company or battalion of the Army, 

22 Navy, Marine Corps, or Air Force. 

23 ‘‘(4) An email address or other online contact 

24 information, such as an instant messaging user iden-
38 

•HR 5391 IH 

1 tifier or a screen name that reveals an individual’s 

2 email address. 

3 ‘‘(5) A telephone number. 

4 ‘‘(6) A Social Security Number. 

5 ‘‘(7) An Internet Protocol (IP) address or host 

6 name that identifies an individual. 

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

8 number held in a cookie or processor serial number, 

9 that is combined with other available data that iden10 tifies an individual. 

11 ‘‘(9) Any information, including grade point av12 erage, date of birth, academic or occupational as13 signments or interests, athletic or extracurricular in14 terests, racial or ethnic background, or religious af15 filiation, that, in combination with information speci16 fied in any of paragraphs (1) through (8), would 

17 serve to identify an individual. 

18 ‘‘(d) STANDARDS.—The Office shall abide by statu19 tory, regulatory, professional, and ethical standards estab20 lished within the professions relative to confidentiality of 

21 communications, including the Health Insurance Port22 ability and Accountability Act, the National Association 

23 of Social Workers and American Psychological Associa24 tion. 
39 

•HR 5391 IH 

1 ‘‘§ 1816. Office of the Victims’ Advocate: victim pro2 tection actions 

3 ‘‘(a) ORDERS OF PROTECTION.—The Office of the 

4 Victims’ Advocate shall obtain for any victim of sexual 

5 misconduct, sexual assault, family violence, domestic vio6 lence, or stalking, from any military command a no con7 tact order or from a court of appropriate jurisdiction an 

8 order of protection, respectively, to safeguard the victim 

9 from additional physical or emotional harm. 

10 ‘‘(b) REMOVAL OF AN ALLEGED OFFENDER.—The 

11 Office of the Victims’ Advocate shall request from any 

12 commanding officer an order for the relocation or reas13 signment of an alleged offender during an investigation, 

14 disciplinary action, or court-martial in order to ensure the 

15 safety of a victim. 

16 ‘‘§ 1817. Office of the Victims’ Advocate: victims advo17 cates whistleblower protections 

18 ‘‘(a) WHISTLEBLOWER PROTECTIONS.—(1) No per19 son may restrict a victim advocate within the Department 

20 of Defense in communicating with a victim or survivor of 

21 domestic violence, sexual assault, family violence, or stalk22 ing. 

23 ‘‘(2) Paragraph (1) does not apply to a communica24 tion that is unlawful. 

25 ‘‘(b) PROHIBITION OF RETALIATORY PERSONNEL

26 ACTIONS.—No person may take or threaten to take an 
40 

•HR 5391 IH 

1 unfavorable personnel action, or withhold or threaten to 

2 withhold a favorable personnel action, against a victim ad3 vocate as a reprisal for— 

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

5 of domestic violence, sexual assault, family violence, 

6 intimate partner violence or stalking; 

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

8 or an Inspector General; 

9 ‘‘(3) a communication with military law en10 forcement, military criminal investigators, judge ad11 vocates or command; 

12 ‘‘(4) a communication with civilian law enforce13 ment, county, state or United States attorneys, 

14 court officials, probation officers or victim service 

15 providers; or 

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

17 any person or organization in the chain of command, 

18 in the course of providing services to a victim or sur19 vivor. 

20 ‘‘(c) PROHIBITED PERSONNEL ACTIONS.—Any ac21 tion prohibited by subsection (b), including the threat to 

22 take any action and the withholding or threat to withhold 

23 any favorable action, shall be considered for the purposes 

24 of this section to be a personnel action prohibited by this 

25 section. 
41 

•HR 5391 IH 

1 ‘‘(d) INVESTIGATION OF ALLEGATIONS OF PROHIB2 ITED PERSONNEL ACTIONS.—(1) If a victim advocate 

3 submits to an Inspector General an allegation that a per4 sonnel action prohibited by subsection (b) has been taken 

5 or threatened against the victim advocate with respect to 

6 a communication described in paragraph (2), the Inspec7 tor General shall take the action required in this section. 

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

9 a communication in which the victim advocate reasonably 

10 believes constitutes evidence of any of the following: 

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

12 a law or regulation prohibiting domestic violence, 

13 sexual assault, family violence, or stalking. 

14 ‘‘(B) Gross mismanagement, an abuse of au15 thority, or a substantial danger to community safety 

16 or public health. 

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

18 allegation is an Inspector General within a military de19 partment, that Inspector General shall promptly notify the 

20 Inspector General of the Department of Defense of the 

21 allegation. Such notification shall be made in accordance 

22 with regulations prescribed under subsection (e). 

23 ‘‘(B) An Inspector General of the Department of De24 fense receiving an allegation as described in this section 

25 shall expeditiously determine, in accordance with regula-
42 

•HR 5391 IH 

1 tions prescribed under subsection (e), whether there is suf2 ficient evidence to warrant an investigation of the allega3 tion. 

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

5 allegation under this section is warranted, the Inspector 

6 General making the determination shall expeditiously in7 vestigate the allegation. 

8 ‘‘(4) The Inspector General of the Department of De9 fense shall ensure that the Inspector General conducting 

10 the investigation of an allegation under this subsection is 

11 outside the immediate chain of command of both the vic12 tim advocate submitting the allegation and the individual 

13 or individuals alleged to have taken the retaliatory action. 

14 ‘‘(5) Upon receiving an allegation under this sub15 section, the Inspector General shall conduct a separate in16 vestigation of the information that the victim advocate 

17 making the allegation believes constitutes evidence of 

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

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

20 investigation or if the Inspector General determines that 

21 the original investigation was biased or otherwise inad22 equate. 

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

24 paragraphs (3), (4), or (5), the Inspector General con25 ducting the investigation shall submit a report on the re-
43 

•HR 5391 IH 

1 sults of the investigation to the Secretary of Defense and 

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

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

4 investigation to the victim advocate who made the allega5 tion investigated. The report shall be transmitted to the 

6 Secretary of Defense, Director of the Office of the Victims’ 

7 Advocate, and the copy of the report shall be transmitted 

8 to the victim advocate, not later than 30 days after the 

9 completion of the investigation. 

10 ‘‘(B) In the copy of the report transmitted to the vic11 tim advocate, the Inspector General shall ensure that the 

12 maximum disclosure of information possible, with the ex13 ception of information that is not required to be disclosed 

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

15 include summaries of interviews conducted, nor any docu16 ment acquired, during the course of the investigation. 

17 Such items shall be transmitted to the victim advocate, 

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

19 of the report or after the transmittal to the victim advo20 cate of the copy of the report, regardless of whether the 

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

22 of the report is transmitted to the victim advocate. 

23 ‘‘(C) If, in the course of an investigation of an allega24 tion under this section, the Inspector General determines 

25 that it is not possible to submit the report required by 
44 

•HR 5391 IH 

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

2 of the allegation being investigated, the Inspector General 

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

4 advocate making the allegation a notice— 

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

6 why the report may not be submitted within that 

7 time; and 

8 ‘‘(ii) of the time when the report will be sub9 mitted. 

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

11 shall contain a thorough review of the facts and cir12 cumstances relevant to the allegation and the complaint 

13 or disclosure and shall include documents acquired during 

14 the course of the investigation, including summaries of 

15 interviews conducted. The report may include a rec16 ommendation as to the disposition of the complaint. 

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

18 shall prescribe regulations to carry out this section not 

19 later than 120 days after the date of enactment of this 

20 section. In prescribing regulations under this section, the 

21 Secretary of Defense shall provide for appropriate proce22 dural protections for the subject of any investigation car23 ried out under the provisions of that section including a 

24 process of appeal and review of investigative findings. 
45 

•HR 5391 IH 

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

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

3 chapter 47 of this title is punishable as a violation of sec4 tion 892 of this title (article 92 of the Uniform Code of 

5 Military Justice). 

6 ‘‘§ 1818. Office of the Victims’ Advocate: annual as7 sessment 

8 ‘‘(a) DATA COMPLIANCE AND REPORTING.—The Of9 fice of the Victims’ Advocate shall compile an annual re10 port consisting of data collected by the military depart11 ments, including Defense Incident Based Reporting Sys12 tem (DIBRS), Case Information System, database on do13 mestic violence as defined by section 1562 of this title, 

14 central registry of the Family Advocacy Program, military 

15 justice, criminal investigators, law enforcement, security 

16 forces and victim advocates. The data shall be collected 

17 pursuant to policies set forth by the Director of the Office. 

18 ‘‘(b) ASSESSMENT OF POLICIES AND PROCE19 DURES.—Not later than January 15 each year, the Direc20 tor shall conduct an assessment of the implementation 

21 during the preceding fiscal year of the policies and proce22 dures of the military departments on the prevention and 

23 intervention for domestic violence, family violence, sexual 

24 assault and stalking involving members of the armed 

25 forces in order to determine the effectiveness of such poli-
46 

•HR 5391 IH 

1 cies and procedures during such fiscal year in providing 

2 an appropriate response to domestic violence, family vio3 lence, sexual assault and stalking. 

4 ‘‘(c) PERSONNEL ANALYSIS.—The annual assess5 ment shall include a review of personnel, including staffing 

6 levels, assignments, accessibility, availability, training, and 

7 duties of victim advocates, victim witness liaisons, sexual 

8 assault nurse examiners, and others considered appro9 priate by the Director assigned to assist victims of domes10 tic violence, sexual assault, family violence, or stalking. 

11 The assessment shall include a review of personnel as12 signed to deployed units, along with recommendations to 

13 enhance availability, accessibility, and training for per14 sonnel. 

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

16 The annual assessment shall include a review of— 

17 ‘‘(1) the Uniform Code of Military Justice, the 

18 Victims’ Rights and Restitution Act, the Violence 

19 Against Women Act, and other Federal statutes; 

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

21 ‘‘(3) regulations of the military departments 

22 considered appropriate by the Director in order to 

23 enhance the foundation of law and policy within the 

24 military departments in response to domestic vio25 lence, family violence, sexual assault, and stalking. 
47 

•HR 5391 IH 

1 ‘‘§ 1819. Office of the Victims’ Advocate: annual re2 ports 

3 ‘‘(a) ANNUAL REPORTS.—(1) Not later than April 1, 

4 2005, and January 15 of each year thereafter, the Direc5 tor shall submit to the Secretary of Defense a report on 

6 the domestic violence, family violence, sexual assault, and 

7 stalking involving members of the armed forces during the 

8 preceding year. 

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

10 the following: 

11 ‘‘(A) The number of incidents of domestic vio12 lence, family violence, sexual assault, and stalking 

13 committed by or upon members of the armed forces, 

14 that were reported to military officials during the 

15 year covered by such report and the number of the 

16 cases so reported that were substantiated. 

17 ‘‘(B) A synopsis of, and the disciplinary action 

18 taken in, each case. 

19 ‘‘(C) The policies, procedures, and processes 

20 implemented by the military departments during the 

21 year covered by such report in response to incidents 

22 of domestic violence, family violence, sexual assault, 

23 and stalking involving members of the armed forces. 

24 ‘‘(D) A plan for the actions that are to be taken 

25 in the year following the year covered by such report 

26 on the prevention of and response to domestic vio-
48 

•HR 5391 IH 

1 lence, family violence, sexual assault and stalking in2 volving members of the armed forces. 

3 ‘‘(3) Each report under paragraph (1) in 2006, 2007 

4 and 2008 shall also include the assessment conducted by 

5 the Director under section 1818(b) of this title. 

6 ‘‘(b) REPORT TO CONGRESS.—The Secretary of De7 fense shall submit to the Committees on Armed Services 

8 of the Senate and House of Representatives each report 

9 submitted to the Secretary under this section, together 

10 with the comments of the Secretary on such report. The 

11 Secretary shall transmit the report for 2004 not later than 

12 May 1, 2005, and shall transmit the report for any subse13 quent year not later than March 15 of the following year. 

14 ‘‘§ 1820. Office of the Victims’ Advocate: policy imple15 mentation 

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

17 acting through the Office of the Victims’ Advocate, shall 

18 implement the comprehensive policy developed pursuant to 

19 section 1812(c) of this title. 

20 ‘‘(b) APPLICATION OF COMPREHENSIVE POLICY TO

21 MILITARY DEPARTMENTS.—The Secretary shall ensure 

22 that, to the maximum extent practicable, the policy devel23 oped under subsection (c) is implemented uniformly by the 

24 military departments. 
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•HR 5391 IH 

1 ‘‘(c) POLICIES AND PROCEDURES OF THE MILITARY

2 DEPARTMENTS.— 

3 ‘‘(1) Not later than March 1, 2005, the Sec4 retary of Defense and Secretaries of the military de5 partments, in consultation with the Office of the 

6 Victims’ Advocate, shall prescribe regulations, or 

7 modify current regulations, on the policies and pro8 cedures of the military departments on the preven9 tion of and response to domestic violence, family vio10 lence, sexual assault, or stalking involving members 

11 of the armed forces in order— 

12 ‘‘(A) to conform such policies and proce13 dures to the policy developed under subsection 

14 (b); and 

15 ‘‘(B) to ensure that such policies and pro16 cedures include the elements specified in para17 graph (2). 

18 ‘‘(2) The elements specified in this paragraph 

19 are as follows: 

20 ‘‘(A) A program to promote awareness of 

21 the incidence of domestic violence, family vio22 lence, sexual assault, and stalking involving 

23 members of the armed forces. 

24 ‘‘(B) A program to provide victim advocacy 

25 and intervention for members of the armed 
50 

•HR 5391 IH 

1 forces with victims of domestic violence, family 

2 violence, sexual assault, and stalking, which 

3 program shall make available, at home stations 

4 and in deployed locations, trained advocates 

5 who are readily available to intervene on behalf 

6 of such victims. 

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

8 forces to follow in the case of an incident of do9 mestic violence, family violence, sexual assault, 

10 or stalking involving a member of the armed 

11 forces, including— 

12 ‘‘(i) procedures for confidential re13 porting and for seeking services with vic14 tim advocates; 

15 ‘‘(ii) specification of the person or 

16 persons to whom the alleged offense should 

17 be reported; 

18 ‘‘(iii) specification of any other person 

19 whom the victim should contact; and 

20 ‘‘(iv) procedures for the preservation 

21 of evidence. 

22 ‘‘(D) Procedures for disciplinary action in 

23 cases of domestic violence, family violence, sex24 ual assault, and stalking by members of the 

25 armed forces. 
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1 ‘‘(E) Other sanctions authorized to be im2 posed in cases of sexual assault by members of 

3 the armed forces. 

4 ‘‘(F) Training for all members of the 

5 armed forces, including specific training for 

6 members of the armed forces who process alle7 gations of domestic violence, family violence, 

8 sexual assault, and stalking committed by or 

9 upon members of the armed forces. 

10 ‘‘(G) Any other matters that the Secretary 

11 of Defense, in consultation with the Director of 

12 the Office of the Victims’ Advocate, considers 

13 appropriate. 

14 ‘‘(d) REPORT ON IMPROVEMENT OF CAPABILITY TO

15 INTERVENE IN DOMESTIC VIOLENCE, FAMILY VIOLENCE, 

16 SEXUAL ASSAULT AND STALKING.—Not later than March 

17 1, 2005, the Secretary of Defense, following consultation 

18 with the Director of the Office of the Victims’ Advocate, 

19 shall submit to Congress a proposal for such legislation 

20 as the Secretary considers necessary to enhance the capa21 bility of the Department of Defense to address matters 

22 relating to domestic violence, family violence, sexual as23 sault, and stalking involving members of the armed forces. 
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1 ‘‘§ 1821. Authorization of appropriations 

2 ‘‘(a) There is authorized to be appropriated for each 

3 of fiscal years 2005 through 2009 for Operation and 

4 Maintenance, Defense-Wide, the amount of $10,000,000 

5 to carry out the functions of the Office of the Victims’ 

6 Advocate in the Department of Defense. Funds available 

7 under this section shall remain available until expended. 

8 ‘‘(b) Of the amounts appropriated to carry out this 

9 section for any fiscal year, the Secretary— 

10 ‘‘(1) may not use more than 3 percent for eval11 uation, monitoring, site visits, conferences and other 

12 administrative costs associated with conducting ac13 tivities under this section; 

14 ‘‘(2) shall use not less than 20 percent for pro15 grams addressing domestic violence, family violence, 

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

17 in partnership with, civilian victim services; and 

18 ‘‘(3) shall use not less than 5 percent for tech19 nical assistance and training to be provided by orga20 nizations having demonstrated expertise in devel21 oping collaborative community and system responses 

22 to domestic violence, family violence, sexual assault 

23 and stalking. 

24 Technical assistance and training under paragraph (3) 

25 may be offered to the elements of the armed forces, instal26 lations, or commands in the process of developing commu-
53 

•HR 5391 IH 

1 nity responses, whether they are receiving funds under 

2 this section or not.’’. 

3 SEC. 102. VICTIMS ADVOCATES. 

4 (a) PROGRAM CHANGES.—Section 534 of National 

5 Defense Authorization Act for Fiscal Year 1995 (10 

6 U.S.C. 113 note), is amended as follows: 

7 (1) Subsection (a)(1) is amended by striking 

8 ‘‘Under Secretary of Defense for Personnel and 

9 Readiness’’ and inserting ‘‘Director of the Office of 

10 the Victims’ Advocate’’. 

11 (2) Subsection (b) is amended— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘dependents’’ and inserting ‘‘family 

14 members and partners’’; and 

15 (B) in paragraph (2), by striking 

16 ‘‘Intrafamilial sexual’’ and inserting ‘‘Sexual’’. 

17 (3) Paragraph (1) of subsection (d) is amended 

18 by striking ‘‘provide’’ and all that follows and insert19 ing ‘‘provide the following:’’ 

20 ‘‘(A) Crisis intervention. 

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

22 of victims of domestic violence, family violence, 

23 sexual assault, and stalking. 

24 ‘‘(C) Information on safe and confidential 

25 ways to seek assistance to address domestic vio-
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•HR 5391 IH 

1 lence, family violence, sexual assault, and stalk2 ing. 

3 ‘‘(D) Information on available services 

4 within the military departments and civilian 

5 communities. 

6 ‘‘(E) Assistance in obtaining those serv7 ices, including medical treatment for injuries. 

8 ‘‘(F) Appropriate referrals to military and 

9 civilian community-based domestic violence pro10 grams and sexual assault victim service pro11 viders with the capacity to support 

12 servicemembers, family members, or partners. 

13 ‘‘(G) Information on legal rights and re14 sources for personnel, family members, or part15 ners in both the military and civilian programs. 

16 ‘‘(H) Development and coordination of a 

17 safety plan with appropriate assistance and 

18 intervention components including, law enforce19 ment, command, and Family Advocacy Pro20 gram. 

21 ‘‘(I) Advocacy for victims outlined in sub22 section (b), including assistance in obtaining 

23 and entering no contact orders from military 

24 commands or orders of protection from a court 

25 of appropriate jurisdiction, respectively. 
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•HR 5391 IH 

1 ‘‘(J) Information on benefits, including 

2 Department of Defense transitional compensa3 tion, victims of crime compensation, and vet4 erans’ benefits. 

5 ‘‘(K) Coordination among services, includ6 ing medical, legal, and psychological counseling. 

7 ‘‘(L) Education. 

8 ‘‘(M) Transportation. 

9 ‘‘(N) Pre-trial, trial, and post-trial sup10 port. 

11 ‘‘(O) Voting member of the Case Review 

12 Committee. 

13 ‘‘(P) Serve as the liaison with civilian com14 munity-based service providers. 

15 ‘‘(Q) Confidential handling of all docu16 ments or conversations relative to victim care, 

17 services, benefits, and treatment. 

18 ‘‘(R) Advocacy for the expressed interest 

19 and safety of a victim during testimony in a 

20 court-martial or civilian judicial system. 

21 ‘‘(S) Follow-up to all identified victims (in22 cluding those who have declined services) three 

23 months following initial contact to ascertain 

24 whether further intervention is, or is not, war25 ranted. 
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1 ‘‘(T) Other appropriate assistance.’’. 

2 (4) Paragraph (2) of subsection (d) is amended 

3 by striking ‘‘through the family advocacy programs 

4 of the military departments’’ and inserting ‘‘through 

5 the Office of the Victims’ Advocate in the Office of 

6 the Secretary of Defense’’. 

7 (5) Such section is further amended— 

8 (A) by redesignating subsections (f) and 

9 (g) as subsections (g) and (h), respectively; and 

10 (B) by striking subsection (e) and insert11 ing the following new subsections: 

12 ‘‘(e) EDUCATION AND TRAINING.—The Secretary of 

13 Defense, acting through the Director of the Office of the 

14 Victims’ Advocate, shall do the following: 

15 ‘‘(1) Develop curricula for mandatory training 

16 of personnel, including, first responders, security 

17 forces, law enforcement, medical personnel, com18 mand staff, military justice personnel, and military 

19 criminal investigators in consultation with the Office 

20 of the Victims’ Advocate. 

21 ‘‘(2) Conduct mandatory annual training of 

22 first responders, medical personnel, command staff, 

23 military justice, and military criminal investigators. 
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•HR 5391 IH 

1 ‘‘(3) Conduct and support train the trainer ses2 sions as specified in subsection (d) of section 1812 

3 of title 10, United States Code. 

4 ‘‘(4) Educate the community of criminal inves5 tigators, security forces, law enforcement, organiza6 tions, schools, and health care providers, to respon7 sibly respond to victims and perpetrators of domestic 

8 violence, family violence, sexual assault, or stalking 

9 associated with the Armed Forces and to under10 stand— 

11 ‘‘(A) domestic violence, family violence, 

12 sexual assault, and stalking and their effects on 

13 members of the Armed Forces and their family 

14 members and partners; 

15 ‘‘(B) relevant laws, court procedures, and 

16 policies that affect members of the Armed 

17 Forces and their family members and partners 

18 who are victims or perpetrators of domestic vio19 lence, sexual assault, family violence, or stalk20 ing; 

21 ‘‘(C) educate the community to identify, 

22 assess, and respond appropriately to domestic 

23 violence, sexual assault, family violence, and 

24 stalking and meet the needs of members of the 
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1 Armed Forces and their family members and 

2 partners; and 

3 ‘‘(D) provide appropriate resources in re4 sponse to domestic violence, family violence, 

5 sexual assault, and stalking and assure that 

6 necessary services dealing with physical and 

7 mental health of victims are available. 

8 ‘‘(f) STAFFING.—The Secretary of Defense, acting 

9 through the Director of the Office of the Victims’ Advo10 cate, shall provide for the assignment of civilian personnel 

11 on a full-time basis to victims’ advocates programs estab12 lished under subsection (a). The Secretary, acting through 

13 the Director, shall ensure that sufficient numbers of such 

14 full-time personnel are assigned to those programs to en15 able the programs to be carried out effectively, including 

16 the assignment of victim advocates to deployed units.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out the func19 tions of victims’ advocates in the Department of Defense 

20 $5,000,000 in each fiscal years 2005 through 2009. 

21 (c) AVAILABILITY.—Funds appropriated under sub22 section (b) shall remain available until expended. Of the 

23 amounts appropriated to carry out this section for any fis24 cal year, the Secretary— 
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1 (1) may not use more than 3 percent for eval2 uation, monitoring, site visits, conferences, and other 

3 administrative costs associated with conducting ac4 tivities under this section; 

5 (2) shall use not less than 10 percent for pro6 grams addressing domestic violence and sexual as7 sault that are operated by, or in partnership with, 

8 civilian victim services; and 

9 (3) shall use not less than 5 percent for tech10 nical assistance and training to be provided by orga11 nizations having demonstrated expertise in devel12 oping collaborative community and system responses 

13 to domestic violence, family violence, sexual assault, 

14 and stalking. 

15 Technical assistance and training under paragraph (3) 

16 may be offered to the elements of the Armed Forces, in17 stallations, or commands in the process of developing com18 munity responses, whether they are receiving funds under 

19 this section or not. 
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1 TITLE II—INTERDISCIPLINARY 

2 COUNCILS WITHIN THE DE3 PARTMENT OF DEFENSE 

4 SEC. 201. DEPARTMENT OF DEFENSE INTERDISCIPLINARY 

5 COUNCIL. 

6 (a) DEPARTMENT OF DEFENSE COUNCIL.—The Sec7 retary of Defense, in consultation with the Director of the 

8 Office of the Victims’ Advocate of the Department of De9 fense, shall establish a Department of Defense inter10 disciplinary council to coordinate and oversee victims’ ad11 vocates programs of the Department of Defense. 

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

13 12 members to be appointed by the Secretary of Defense. 

14 The Council shall include members appointed from each 

15 of the Army, Navy, Air Force, and Marine Corps and shall 

16 include an equal number of personnel of the Department 

17 of Defense (military and civilian) and persons from out18 side the Department of Defense. 

19 (2) Members appointed from outside the Department 

20 of Defense may be appointed from other Federal depart21 ments and agencies, from State and local agencies, and 

22 from the private sector. 

23 (3) The Secretary shall ensure that membership in24 cludes at least one judge advocate. 
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1 (4) In appointing members to the Interdisciplinary 

2 Council, the Secretary may consult with— 

3 (A) the Attorney General regarding representa4 tion from the Office of Violence Against Women of 

5 the Department of Justice; and 

6 (B) the Secretary of Health and Human Serv7 ices regarding representation from the Women’s 

8 Health Office and the Administration for Children 

9 and Families of the Department of Health and 

10 Human Services. 

11 (5) Each member of the Interdisciplinary Council ap12 pointed from outside the Department of Defense shall be 

13 an individual who has demonstrated expertise and experi14 ence in the fields of sexual assault, domestic violence, fam15 ily violence, or stalking or shall be appointed from one of 

16 the following: 

17 (A) The Centers for Disease Control and Pre18 vention of the Department of Health and Human 

19 Services. 

20 (B) Civilian law enforcement. 

21 (C) A judicial policy organization. 

22 (D) A national crime victim organization. 

23 (E) A victim service organization. 
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1 (F) A survivor of domestic violence, sexual as2 sault, family violence, or stalking in which the perpe3 trator was a servicemember. 

4 (6) Members of the Interdisciplinary Council shall be 

5 appointed not later than 90 days after the date of the en6 actment of this Act. 

7 (7) Members of the Interdisciplinary Council shall 

8 serve for a period of two years. The membership of the 

9 Interdisciplinary Council shall be rotated by composition 

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

11 (5) every two years. 

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

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

14 designated by the Secretary of Defense at the time of ap15 pointment from among the Department of Defense per16 sonnel on the Interdisciplinary Council. The other co-chair 

17 shall be selected among the members appointed from out18 side the Department of Defense by those members. 

19 (d) ADMINISTRATIVE SUPPORT.—(1) Each member 

20 of the Interdisciplinary Council who is a member of the 

21 Armed Forces or a civilian officer or employee of the 

22 United States shall serve without compensation (other 

23 than compensation to which entitled as a member of the 

24 Armed Forces or an officer or an employee of the United 

25 States, as the case may be). Other members of the Inter-
63 

•HR 5391 IH 

1 disciplinary Council shall be appointed in accordance with, 

2 and subject to, section 3161 of title 5, United States Code. 

3 (2) The Director of the Office of the Victims’ Advo4 cate, under the direction of the Secretary of Defense, shall 

5 provide oversight of the Interdisciplinary Council. The Of6 fice of the Victims’ Advocate shall provide the Inter7 disciplinary Council with personnel facilities and other ad8 ministrative support as necessary for the performance of 

9 the Interdisciplinary Council’s duties. 

10 (e) INSTALLATION VISITS.—The Director of the Of11 fice of the Victims’ Advocate shall coordinate with the Sec12 retaries of the military departments to provide for visits 

13 to the installations. 

14 (f) REPORT.—Not later than 18 months after the 

15 date on which all members of the Interdisciplinary Council 

16 have been appointed, the Interdisciplinary Council shall 

17 submit to the Secretary a report recommending specific 

18 ways in which the Office of the Victims’ Advocate and vic19 tim advocates may more effectively address matters rel20 ative to sexual assault, domestic violence, family violence, 

21 and stalking committed by or upon servicemembers. The 

22 report shall include an assessment of, and recommenda23 tions concerning the following: 

24 (1) Victim safety programs. 
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1 (2) Confidentiality of communications for vic2 tims. 

3 (3) Offender accountability. 

4 (4) Prevention of sexual assault, domestic vio5 lence, family violence, and stalking. 

6 (5) Collaboration among military organizations 

7 with responsibility or jurisdiction with respect to 

8 sexual assault, domestic violence, family violence, 

9 and stalking. 

10 (6) Coordination between military and civilian 

11 communities including service organizations and law 

12 enforcement with respect to sexual assault, domestic 

13 violence, family violence and stalking. 

14 (7) Adaptation of best professional practices 

15 within the civilian communities with respect to sex16 ual assault, domestic violence, family violence and 

17 stalking. 

18 (8) Data collection, case management, and 

19 tracking. 

20 (9) Curricula and training including standard21 ized training for Armed Forces personnel and com22 munity-based advocates, organizations, and service 

23 providers. 

24 (10) Standardization of guidelines, directives, 

25 and statutes. 
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1 (11) Other issues identified by the Interdiscipli2 nary Council. 

3 (g) AUTHORIZATION OF APPROPRIATION.—There are 

4 authorized to be appropriated to carry out the functions 

5 of the Interdisciplinary Council in the Department of De6 fense $2,000,000 for each of fiscal years 2005 through 

7 2009. 

8 SEC. 202. MILITARY DEPARTMENT COUNCILS. 

9 (a) ESTABLISHMENT.—The Secretary of each mili10 tary department, in consultation with the Director of the 

11 Office of the Victims’ Advocate, shall establish inter12 disciplinary councils within that military department as 

13 appropriate to ensure the fullest coordination and effec14 tiveness of the victims’ advocates program of the military 

15 department. 

16 (b) COMPOSITION, ETC.—The composition, adminis17 trative support, organization, coordination, and oversight 

18 within the interdisciplinary councils appointed by the Sec19 retaries of the military departments shall be similar to the 

20 Interdisciplinary Council established within the Depart21 ment of Defense pursuant to section 201. 

22 (c) INTERDISCIPLINARY COUNCILS AT INSTALLA23 TIONS.—The victim advocate, in consultation with the 

24 command at each military installation, shall establish a 

25 council. The composition, administrative support, coordi-
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•HR 5391 IH 

1 nation and oversight within the interdisciplinary councils 

2 at installations shall be similar to the Interdisciplinary 

3 Council established within the Department of Defense. 

4 SEC. 203. CONFORMING REPEAL. 

5 Section 534 of the National Defense Authorization 

6 Act for Fiscal Year 1995 (10 U.S.C. 113 note) is amended 

7 by striking subsection (c). 

8 TITLE III—REPORTING OF SEX9 UAL ASSAULT, DOMESTIC VIO10 LENCE, AND STALKING WITH11 IN THE DEPARTMENT OF DE12 FENSE 

13 SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMES14 TIC VIOLENCE. 

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

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 1566. Complaints of sexual assault, domestic vio19 lence, family violence, or stalking: inves20 tigation by commanding officers 

21 ‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL

22 ASSAULT, DOMESTIC VIOLENCE, FAMILY VIOLENCE OR

23 STALKING.—A commanding officer or officer in charge of 

24 a unit, vessel, facility, or area of the Army, Navy, Air 

25 Force, or Marine Corps who receives from a victim, or 
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•HR 5391 IH 

1 from a member of the command, or a civilian employee 

2 under the supervision of the officer or a victim advocate 

3 of the Department of Defense a complaint alleging sexual 

4 assault, domestic violence, family violence, or stalking by 

5 a member of the armed forces or a civilian employee of 

6 the Department of Defense shall carry out an investiga7 tion of the matter in accordance with this section. 

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

9 extent practicable, a commanding officer or officer in 

10 charge receiving such a complaint shall, within 72 hours 

11 after receipt of the complaint— 

12 ‘‘(1) forward the complaint or a detailed de13 scription of the allegation to the next superior officer 

14 in the chain of command who is authorized to con15 vene a general court-martial; 

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

17 an investigation of the complaint, including engaging 

18 law enforcement, criminal investigators, judge advo19 cates, victim advocates, and victim witness liaisons; 

20 and 

21 ‘‘(3) advise the complaint of the commencement 

22 of the investigation. 

23 ‘‘(c) DURATION OF INVESTIGATION.—To the extent 

24 practicable, a commanding officer or officer in charge re25 ceiving such a complaint shall ensure that the investiga-
68 

•HR 5391 IH 

1 tion of the complaint is completed not later than 14 days 

2 after the date on which the investigation is commenced. 

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

4 practicable, a commanding officer or officer in charge re5 ceiving such a complaint shall require a report of the judge 

6 advocate, including the results of the investigation, appli7 cation of the disciplinary or punitive articles under the 

8 Uniform Code of Military Justice, and any recommenda9 tions for actions to be taken as a result of the investiga10 tion, within 20 days after the date on which the investiga11 tion is commenced. 

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

13 practicable, a commanding officer or officer in charge re14 ceiving such a complaint shall— 

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

16 investigation, including any action taken as a result 

17 of the investigation, to the next superior officer re18 ferred to in subsection (b)(1) within 30 days after 

19 the date on which the investigation is commenced; or 

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

21 completing the investigation to the next superior of22 ficer referred to in subsection (b)(1) within 30 days 

23 after the date on which the investigation is com24 menced and every 14 days thereafter until the inves25 tigation is completed and, upon completion of the in-
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•HR 5391 IH 

1 vestigation, then submit a final report on the results 

2 of the investigation, including any action taken as a 

3 result of the investigation, to that next superior offi4 cer. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) DOMESTIC VIOLENCE.—The term ‘domes7 tic violence’ has the meaning given that term in sec8 tion 2003 of title I of the Omnibus Crime Control 

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

10 2). 

11 ‘‘(2) FAMILY VIOLENCE.—The term ‘family vio12 lence’ has the meaning given that term in section 

13 308 of the Family Violence Prevention and Services 

14 Act (42 U.S.C. 10408). 

15 ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as16 sault’ has the meaning given that term in section 

17 2003(6) of title I of the Omnibus Crime Control and 

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

19 ‘‘(4) SEXUAL MISCONDUCT.—The term ‘sexual 

20 misconduct’ includes the following: 

21 ‘‘(A) Sexual harassment, entailing any con22 duct involving sexual harassment that— 

23 ‘‘(i) in the case of conduct of a person 

24 who is subject to the provisions of chapter 

25 47 of this (the Uniform Code of Military 
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•HR 5391 IH 

1 Justice), comprises a violation of a provi2 sion of subchapter X of such chapter (re3 lating to punitive articles of such Code) or 

4 an applicable regulation, directive, or 

5 guideline regarding sexual harassment that 

6 is prescribed by the Secretary of Defense 

7 or the Secretary of a military department; 

8 and 

9 ‘‘(ii) in the case of an employee of the 

10 Department of Defense or a family mem11 ber subject to the jurisdiction of the Sec12 retary of Defense or of the Secretary of a 

13 military department, comprises a violation 

14 of a regulation, directive, or guideline that 

15 is applicable to such employee or family 

16 member. 

17 ‘‘(B) Sexual abuse. 

18 ‘‘(C) Sexual assault. 

19 ‘‘(D) Sexual battery. 

20 ‘‘(E) Rape. 

21 ‘‘(5) STALKING.—The term ‘stalking’ means 

22 engaging in a course of conduct as proscribed in 

23 chapter 109A of title 18, as directed at a specific 

24 person that would cause a reasonable person to fear 

25 death, sexual assault, or bodily injury to himself or 
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•HR 5391 IH 

1 herself or a member of his or her immediate family 

2 when— 

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

4 has knowledge or should have knowledge that 

5 the specific person will be placed in reasonable 

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

7 himself or herself or a member of his or her im8 mediate family; and 

9 ‘‘(B) the conduct induces fear in the spe10 cific person of death, sexual assault, or bodily 

11 injury to himself or herself or a member of his 

12 or her immediate family. 

13 ‘‘(6) VICTIM.—The term ‘victim’ means a per14 son who is a victim of domestic violence, family vio15 lence, sexual assault, stalking, or sexual misconduct 

16 committed— 

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

18 forces; 

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

20 member of the armed forces; 

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

22 child in common with a member of the armed 

23 forces; 
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•HR 5391 IH 

1 ‘‘(D) by or upon a person who is cohab2 iting with or has cohabited as a spouse with a 

3 member of the armed forces; 

4 ‘‘(E) by or upon a person similarly situ5 ated to a spouse of a member of the armed 

6 forces; or 

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

8 protected from the acts of a member of the 

9 armed forces or an officer or employee of the 

10 Department of Defense in the official capacity 

11 of that member, officer, or employee. 

12 ‘‘(7) COMPLAINT.—The term ‘complaint,’ with 

13 respect to an allegation of sexual misconduct, family 

14 violence, sexual assault, stalking, or domestic vio15 lence, includes a report of such allegation. 

16 ‘‘(g) ANNUAL REPORTS TO SERVICE SECRE17 TARIES.—Not later than March 15, 2005, and January 

18 1 of each year thereafter each officer receiving a complaint 

19 forwarded in accordance with this section shall submit to 

20 the Secretary of the military department concerned a re21 port on all such complaints and the investigations of such 

22 complaints (including the results of the investigations, in 

23 cases of investigations completed during the preceding 

24 year). 
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•HR 5391 IH 

1 ‘‘(h) ANNUAL REPORT TO SECRETARY OF DEFENSE

2 AND CONGRESS.—(1) Not later than April 1, 2005, and 

3 January 15 of each year thereafter, each Secretary of a 

4 military department receiving a report under subsection 

5 (f) shall submit to the Secretary of Defense a report on 

6 the complaints and investigations of sexual assault, do7 mestic violence, family violence, and stalking. 

8 ‘‘(2) The Secretary of Defense shall submit to the 

9 Committees on Armed Services of the Senate and House 

10 of Representatives each report submitted to the Secretary 

11 under this paragraph (1), together with the comments of 

12 the Secretary on each such report. The Secretary shall 

13 transmit the report for 2004 not later than May 1, 2005, 

14 and shall transmit the report for any year thereafter not 

15 later than March 15 of the year following such year.’’. 

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

17 at the beginning of such chapter is amended by adding 

18 at the end the following new item: 

‘‘1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers.’’. 

19 SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OF20 FICIALS TO DOMESTIC VIOLENCE INCIDENTS. 

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

22 States Code, is amended by adding after section 1566, as 

23 added by section 301, the following new sections: 
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1 ‘‘§ 1567. Domestic violence: responsibilities of mili2 tary law enforcement officials 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) MILITARY LAW ENFORCEMENT OFFI5 CIAL.—The term ‘military law enforcement official’ 

6 means a person authorized under regulations gov7 erning the armed forces to apprehend persons sub8 ject to the Uniform Code of Military Justice (chap9 ter 47 of this title) or to trial thereunder. 

10 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes11 tic violence’ means any of the following engaged in 

12 by a person against the person’s spouse or former 

13 spouse or against a person with whom the person re14 sides or formerly resided or against an individual 

15 with whom the person has a child in common: 

16 ‘‘(A) Infliction of physical pain, bodily in17 jury, or illness or damage to property. 

18 ‘‘(B) Intentional impairment of physical 

19 condition. 

20 ‘‘(C) A threat of conduct that would cause 

21 bodily injury or damage to property. 

22 ‘‘(b) CIRCUMSTANCES REQUIRING ARREST.—A mili23 tary law enforcement officer shall arrest and take into cus24 tody a person if— 

25 ‘‘(1) the officer has reasonable grounds to be26 lieve that the person has committed domestic vio-
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•HR 5391 IH 

1 lence and that the person’s actions are the commis2 sion of a crime; and 

3 ‘‘(2) any of the following circumstances is 

4 present: 

5 ‘‘(A) The officer has reasonable basis for 

6 believing that continued domestic violence 

7 against the alleged victim is likely. 

8 ‘‘(B) There is evidence of physical injury 

9 to the alleged victim. 

10 ‘‘(C) The use of a deadly weapon or dan11 gerous instrument is evident. 

12 ‘‘(c) ARRESTING OFFICER’S REPORT.—An officer 

13 who makes an arrest under subsection (b) shall submit 

14 a full written report of the alleged domestic violence inci15 dent to the officer’s supervisor and to the judge advocate 

16 within 10 days of the arrest. Such a report shall include— 

17 ‘‘(1) a description of physical injuries observed, 

18 if any; 

19 ‘‘(2) whenever possible, a statement from the 

20 victim and witnesses concerning the alleged domestic 

21 violence; and 

22 ‘‘(3) a statement that a copy of legal rights and 

23 notices was given to the victim. 

24 ‘‘(d) LAW ENFORCEMENT POLICIES.—(1) The Sec25 retary of Defense shall prescribe regulations to implement 
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1 written policies regarding arrest procedures for domestic 

2 violence incidents. Those policies shall include the fol3 lowing: 

4 ‘‘(A) In most circumstances, a military law en5 forcement officer should arrest and take a person 

6 into custody if the officer has reasonable grounds to 

7 believe that the person is committing or has com8 mitted domestic violence and that the actions con9 stitute the commission of a crime. 

10 ‘‘(B) When the officer has reasonable grounds 

11 to believe that the spouses or former spouses or 

12 other persons who reside together or resided to13 gether or share a child in common are committing 

14 or have committed domestic violence against each 

15 other, the officer does not have to arrest both par16 ties but should arrest the person whom the officer 

17 believes to be the primary physical aggressor. In de18 termining who is the primary physical aggressor, an 

19 officer should consider the intent of this section to 

20 protect victims of domestic violence, the relative in21 jury or fear inflicted on the persons involved, or any 

22 history of domestic violence between these persons, 

23 if that history can be ascertained by the officer, or 

24 response of a person who acts in a reasonable man25 ner to protect oneself or another family or household 
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1 member from domestic violence. No victim shall be 

2 denied relief or arrested or charged for a domestic 

3 violence offense because the victim used reasonable 

4 force in self defense against domestic violence by an 

5 attacker. 

6 ‘‘(C) A military law enforcement officer’s deci7 sion as to whether or not to arrest under this section 

8 may not be based on the consent of the victim or 

9 any subsequent prosecution or on the relationship or 

10 the rank of the persons involved in the incident. 

11 ‘‘(D) A military law enforcement officer’s deci12 sion not to arrest under this section may not be 

13 based solely upon the absence of visible injury or im14 pairment. 

15 ‘‘(2) The policies under paragraph (1) shall include 

16 a procedure applicable to the report and referral required 

17 under subsection (c). Such procedures shall require that 

18 the military law enforcement agency shall, without charge, 

19 send a copy of the initial report and any subsequent, sup20 plemental, or related report, which excludes the victim’s 

21 statement or other materials that are part of an active 

22 criminal investigation and are exempt from disclosure, to 

23 the command and Family Advocacy Program exercising 

24 responsibility over the area in which the incident took 

25 place, to the victim advocate within the Department of De-
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1 fense assigned to the installation and the nearest local do2 mestic violence center within 24 hours of the agency’s re3 ceipt of the report. The report furnished to the Family 

4 Advocacy Program, victim advocate, and local domestic vi5 olence center shall include a narrative description of the 

6 domestic violence incident. 

7 ‘‘(3) The policies under paragraph (1) shall include 

8 a procedure for notifying the alleged victim of the incident 

9 of domestic violence services from which the victim may 

10 receive assistance. The military law enforcement officer 

11 shall provide the victim immediate notice of the legal 

12 rights and remedies available to the victim. Such notice 

13 shall be in a standard form developed and distributed by 

14 the Secretary of Defense. As necessary, the Secretary shall 

15 revise the victims rights brochure to include a summary 

16 of this section using simple English and shall distribute 

17 the notice as a model form to be used by all military law 

18 enforcement agencies. The notice shall include the fol19 lowing: 

20 ‘‘(A) The resources available for the area in 

21 which domestic violence services are sought, includ22 ing military resources (victim advocates, Family Ad23 vocacy Program, judge advocates, medical personnel, 

24 and command) and civilian agencies (shelter, victim 
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1 advocates, counseling, county or state attorney of2 fices and centers). 

3 ‘‘(B) A copy of the following statement: ‘If you 

4 are a victim of domestic violence, you may ask the 

5 county or state attorney or judge advocate or Direc6 tor of Special Investigations or command to file a 

7 complaint. You also have the right to go to court 

8 and file a petition requesting a protective order from 

9 domestic violence to include provisions which re10 strain the alleged perpetrator from further acts of 

11 abuse; direct the abuser to leave your house; prevent 

12 the abuser from entering your residence, school, 

13 business or place of employment; award you custody 

14 of your minor child or children; and direct the 

15 abuser to pay support to you and the minor children 

16 if he/she has a legal obligation to do so. You also 

17 have the right to request a military no contact order 

18 containing the above provisions.’. 

19 ‘‘(4) The policies under paragraph (1) shall include 

20 a procedure for notifying the alleged victim of the incident, 

21 a description of the procedure for releasing the arrested 

22 person, and the likelihood and probable time of the ar23 rested person’s release. 

24 ‘‘(5) In the development of policies under this sub25 section, the Secretary and military law enforcement shall 
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1 consult with law enforcement agencies and organizations 

2 with expertise in the recognition of domestic violence inci3 dents. 

4 ‘‘(6) This section does not limit the authority of mili5 tary law enforcement to establish policies that require ar6 rests under circumstances other than those set forth in 

7 this section. 

8 ‘‘(e) REPORT REQUIREMENTS OF MILITARY LAW

9 ENFORCEMENT.—(1) A military law enforcement officer 

10 who responds to a domestic violence incident shall prepare 

11 a domestic violence incident report. 

12 ‘‘(2) If a military law enforcement officer has reason13 able grounds to arrest a person who is committing or has 

14 committed domestic violence and that person’s actions 

15 constitute the commission of a crime, the officer shall pre16 pare a written statement detailing why the person was not 

17 arrested. The report shall be sent to the judge advocate 

18 for the command of the suspect where the acts took place, 

19 immediately upon the completion of the investigation of 

20 the incident. The judge advocate shall review the report 

21 to determine whether the person involved in the incident 

22 should be charged with the commission of a crime. 

23 ‘‘(3) All information contained in the domestic vio24 lence incident report shall be forwarded to the appropriate 

25 military criminal investigative unit, to the judge advocate 
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1 with responsibility for the jurisdiction, and to the com2 mand of the suspect and installation. 

3 ‘‘(4) The domestic violence incident report shall be 

4 on a form set forth in regulations prescribed by the Sec5 retary of Defense in consultation with the Director of Spe6 cial Investigations. The form shall include provisions for 

7 the following information: 

8 ‘‘(A) The relationship of the parties. 

9 ‘‘(B) The sex of the parties. 

10 ‘‘(C) The time and date of the incident. 

11 ‘‘(D) The number of domestic violence calls in12 vestigated. 

13 ‘‘(E) Whether children were involved, or wheth14 er the alleged act of domestic violence had been com15 mitted in the presence of children. 

16 ‘‘(F) The type and extent of the abuse. 

17 ‘‘(G) The number and type of weapons involved. 

18 ‘‘(H) The action taken by the law enforcement 

19 officer. 

20 ‘‘(I) The existence of any prior court or military 

21 orders issued to the parties. 

22 ‘‘(J) The number of domestic violence calls al23 leging a violation of a military no contact order or 

24 civilian protective order. 
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1 ‘‘(K) The number of arrests for a violation of 

2 a civilian protective order or details of disciplinary 

3 action taken for the violation of a military no con4 tact order. 

5 ‘‘(L) Any other data that may be necessary for 

6 a complete analysis of all circumstances leading to 

7 the alleged incident of domestic violence. 

8 ‘‘(f) CONTACT PROHIBITIONS.—(1) Unless there is a 

9 waiver, during the 72 hours immediately following an ar10 rest for a domestic violence incident, the person arrested— 

11 ‘‘(A) shall avoid the residence of the alleged vic12 tim of the domestic violence incident and, if applica13 ble, any premises temporarily occupied by the al14 leged victim; and 

15 ‘‘(B) shall avoid contacting or causing any per16 son, other than law enforcement officers or military 

17 criminal investigators, judge advocates, or command, 

18 to contact the alleged victim. 

19 ‘‘(2) Unless there is a waiver, a law enforcement offi20 cer who releases a person arrested for domestic violence 

21 from custody less than 72 hours after the arrest shall in22 form the arrested person orally and in writing of the re23 quirements of this section and the consequences of vio24 lating this section. The arrested person shall sign an ac25 knowledgement on the written notice that the person has 
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1 had notice of, and understands the requirements, the con2 sequences and the provisions of this section. If the ar3 rested person refuses to sign the notice, the person may 

4 not be released from custody. 

5 ‘‘(3) If there is a waiver under paragraph (1) and 

6 the person is arrested under this section, the law enforce7 ment officer who releases the arrested person shall inform 

8 the arrested person orally and in writing of the waiver. 

9 ‘‘(4) Failure to comply with the notice requirement 

10 under paragraph (2) regarding a person who is lawfully 

11 released from custody does not affect the prosecution for 

12 a crime of domestic violence. 

13 ‘‘(g) CONDITIONAL RELEASE.—A person arrested 

14 and taken into custody for a domestic violence incident 

15 is eligible for conditional release. Unless there is a waiver 

16 under section (f), as part of the conditions of any such 

17 release that occurs within 72 hours immediately following 

18 such an arrest, the person shall be made to comply with 

19 the requirements under subsection (f)(1) and to sign the 

20 acknowledgement under subsection (f)(2). 

21 ‘‘§ 1568. Domestic violence: prosecution policies 

22 ‘‘The staff judge advocate within the Office of the 

23 Secretary of Defense shall develop and implement written 

24 policies encouraging the prosecution of domestic violence 

25 offenses. Those policies shall include the following: 
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1 ‘‘(1) A policy indicating that a judge advocate’s 

2 recommendation not to prosecute a domestic violence 

3 incident should not be based— 

4 ‘‘(A) solely upon the absence of visible in5 dications of injury; 

6 ‘‘(B) consent of the victim; 

7 ‘‘(C) consideration of the relationship of 

8 the parties; or 

9 ‘‘(D) the character, rank, rate, or quality 

10 of service of members of the armed forces, offi11 cers or employees. 

12 ‘‘(2) A policy indicating that when a domestic 

13 violence incident is not prosecuted by the judge ad14 vocates, including a report made under this section, 

15 the decision by the judge advocates should be made 

16 not later than 28 days after the date on which the 

17 judge advocate general has received notice of the in18 cident. 

19 ‘‘(3) Whether or not the command, in consulta20 tion with the judge advocate, decides to prosecute 

21 the member of the armed forces, officer, or em22 ployee, the judge advocates shall provide a written 

23 report that is complete and clearly indicates the rea24 sons for any disciplinary action, punitive or adminis25 trative, against a armed forces member of the armed 
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1 forces or officer or employee of the Department of 

2 Defense. 

3 ‘‘§ 1569. Domestic violence: education and training 

4 ‘‘Any education and training for military law enforce5 ment, military criminal investigators, or judge advocates 

6 relating to the handling of domestic violence shall include 

7 enforcement of criminal laws in domestic violence inci8 dents and protection of the alleged victim. Law enforce9 ment agencies and organizations with expertise in the rec10 ognition and handling of domestic violence incidents shall 

11 conduct training on a competitive basis. 

12 ‘‘§ 1570. Domestic violence: annual reports 

13 ‘‘(a) REPORTS TO SECRETARIES OF THE MILITARY

14 DEPARTMENTS.—Each judge advocate for a command 

15 who in the official capacity of that judge advocate receives 

16 an allegation of domestic violence shall submit to the Sec17 retary of the military department concerned notification 

18 of that allegation, together with such information as the 

19 Secretary may require, including the following: 

20 ‘‘(1) The number of arrests for domestic vio21 lence incidents in that judge advocate’s command, 

22 compiled and furnished by military law enforcement 

23 and military criminal investigators. 
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1 ‘‘(2) The number of subsequent prosecutions 

2 and convictions of those arrested for domestic vio3 lence incidents. 

4 ‘‘(3) A listing of the number of arrests, pros5 ecutions, and convictions under paragraph (1) and 

6 (2) shall include categories by statutory reference of 

7 offenses under the Uniform Code of Military Justice 

8 (chapter 47 of this title) and include totals for all 

9 categories. 

10 ‘‘(b) REPORTS TO THE SECRETARY OF DEFENSE.— 

11 Not later than March 15, 2005, and January 1 of each 

12 year thereafter, the Secretaries of the military depart13 ments shall submit to the Secretary of Defense an annual 

14 report on the number of arrests, disposition of cases, sub15 sequent prosecutions or disciplinary actions, and convic16 tions for domestic violence involving members of the 

17 armed forces and officers and employees of the Depart18 ment of Defense under their jurisdiction during the pre19 ceding year. 

20 ‘‘(c) REPORTS TO CONGRESS.—Not later than April 

21 1, 2005, and January 15 of each year thereafter, the Sec22 retary of Defense shall submit to Congress an annual re23 port on the number of arrests, disposition of cases, subse24 quent prosecutions or disciplinary actions, and convictions 

25 for domestic violence involving members of the armed 
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1 forces and officers and employees of the Department of 

2 Defense during the preceding year.’’. 

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

4 at the beginning of such chapter is amended by adding 

5 after the item relating to section 1566, as added by section 

6 301, the following new items: 

‘‘1567. Domestic violence: responsibilities of military law enforcement officials. 

‘‘1568. Domestic violence: prosecution policies. 

‘‘1569. Domestic violence: education and training. 

‘‘1570. Domestic violence: annual reports.’’. 

7 (c) DEADLINE.—The Secretary of Defense shall pre8 scribe in regulations the procedures to carry out sections 

9 1567 through 1570 of title 10, United States Code, as 

10 added by subsection (a) of this section, not later than 90 

11 days after the date of the enactment of this Act. 

12 (d) CONFORMING REPEAL.—(1) Section 1058 of title 

13 10, United States Code, is repealed. 

14 (2) The table of sections at the beginning of chapter 

15 53 is amended by striking the item relating to section 

16 1058. 

17 SEC. 303. INVESTIGATIONS OF SEXUAL AND DOMESTIC VIO18 LENCE CASES INVOLVING DEPARTMENT OF 

19 DEFENSE PERSONNEL. 

20 (a) ESTABLISHMENT.—Chapter 4 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new section: 
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1 ‘‘§ 144. Director of Special Investigations 

2 ‘‘(a) APPOINTMENT.—There is a Director of Special 

3 Investigations in the Department of Defense. The Director 

4 is appointed by the Secretary of Defense from among civil5 ians who have a significant level of experience in criminal 

6 investigations and possess a significant level of training 

7 and expertise in domestic violence, family violence, sexual 

8 assault, or stalking. The Director reports directly to the 

9 Secretary of Defense. 

10 ‘‘(b) SENIOR EXECUTIVE SERVICE POSITION.—The 

11 position of Director of Special Investigations is a Senior 

12 Executive Service position. The Secretary shall designate 

13 the position as a career reserved position under section 

14 3132(b) of title 5. 

15 ‘‘(c) DUTIES.—Subject to the authority, direction, 

16 and control of the Secretary of Defense, the Director of 

17 Special Investigations shall perform the duties set forth 

18 in this section and such other related duties as the Sec19 retary may prescribe. 

20 ‘‘(d) DATA COMPLIANCE AND REPORTING.—(1) The 

21 Director shall obtain, compile, store, monitor, and (in ac22 cordance with this section) report information on each al23 legation of domestic violence, family violence, sexual as24 sault, sexual misconduct, or stalking of a member of the 

25 armed forces or of a family member of a member of the 

26 armed forces against a member of the armed forces, 
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1 against a family member of a member of the armed forces, 

2 or against a civilian not a family member of a member 

3 of the armed forces that is received by a member of the 

4 armed forces or an officer or employee of the Department 

5 of Defense in the official capacity of that member, officer, 

6 or employee. 

7 ‘‘(2) The information compiled pursuant to para8 graph (1) shall include the following: 

9 ‘‘(A) The number of complaints containing an 

10 allegation referred to in paragraph (1) that are re11 ceived as described in that paragraph. 

12 ‘‘(B) The number of such complaints that are 

13 investigated. 

14 ‘‘(C) In the case of each complaint— 

15 ‘‘(i) the organization that investigated the 

16 complaint (if investigated); 

17 ‘‘(ii) the disposition of the complaint upon 

18 completion or other termination of the inves19 tigation; and 

20 ‘‘(iii) the status of results of any judicial 

21 action, nonjudicial disciplinary action, or other 

22 action taken. 

23 ‘‘(D) The number of complaints that were dis24 posed of by formal adjudication in a judicial pro25 ceeding, including— 
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1 ‘‘(i) the number disposed of in a court2 martial; 

3 ‘‘(ii) the number disposed of in a court of 

4 the United States; 

5 ‘‘(iii) the number disposed of in a court of 

6 a State or territory of the United States or in 

7 a court of a political subdivision of a State or 

8 territory of the United States; 

9 ‘‘(iv) the number disposed of by a plea of 

10 guilty; 

11 ‘‘(v) the number disposed of by a trial on 

12 a contested basis; and 

13 ‘‘(vi) the number disposed of on any other 

14 basis. 

15 ‘‘(E) The number of complaints that were dis16 posed of by formal adjudication in an administrative 

17 proceeding. 

18 ‘‘(3) The Director shall make the information ob19 tained and compiled under this subsection available to the 

20 Secretary of Defense, the Secretaries of the military de21 partments, the Committees on Armed Services and the 

22 Committees on the Judiciary of the Senate and House of 

23 Representatives, any law enforcement agency concerned, 

24 and any court concerned. The information obtained, com25 piled, and transmitted to Congress shall be made available 
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1 via an Internet website maintained by the Department of 

2 Defense. 

3 ‘‘(e) DIRECT INVESTIGATIONS.—The Director shall 

4 investigate each allegation of sexual misconduct, sexual as5 sault, family violence, stalking, or domestic violence re6 ferred to in subsection (d)(1)— 

7 ‘‘(1) that is made directly to, or that is referred 

8 to, the Director, including such an allegation that is 

9 made or referred to the Director— 

10 ‘‘(A) by a victim of the alleged sexual mis11 conduct, domestic violence, family violence, sex12 ual assault, or stalking who is a member of the 

13 armed forces or a family member of a member 

14 of the armed forces; or 

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) that the Secretary directs the Director to 

25 investigate. 
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1 ‘‘(f) OVERSIGHT AND QUALITY CONTROL OF OTHER

2 INVESTIGATIONS.—(1) The Director shall monitor the 

3 conduct of investigations by units, offices, agencies, and 

4 other organizations within the Department of Defense re5 garding allegations of sexual misconduct, sexual assault, 

6 domestic violence, family violence and stalking. 

7 ‘‘(2) In carrying out paragraph (1), the Director shall 

8 inspect any investigation conducted or being conducted by 

9 any other organization within the Department of Defense, 

10 review the records of an investigation, and observe the 

11 conduct of an ongoing investigation. 

12 ‘‘(3) The Director shall report to the Secretary on 

13 any investigation monitored pursuant to paragraph (1). 

14 The report may include the status of the investigation, an 

15 evaluation of the conduct of the investigation, and an eval16 uation of each investigator and the investigative organiza17 tion involved in the investigation. 

18 ‘‘(4) The Director shall conduct training within units, 

19 offices, agencies, and other organizations within the De20 partment of Defense. The training shall include the report 

21 entitled ‘Adapting Military Sex Crimes Investigations to 

22 Changing Times’. The training shall be conducted in col23 laboration with— 

24 ‘‘(A) individuals or organizations with dem25 onstrated experience and expertise in the organiza-
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1 tion and management of investigative agencies, in2 cluding the Federal Law Enforcement Training Cen3 ter; and 

4 ‘‘(B) individuals and organizations with dem5 onstrated experience and expertise in the dynamics 

6 of trauma for victims of domestic violence, sexual as7 sault, family violence, and stalking, including the 

8 National Crime Victims Center, the National Crime 

9 Victims Law Institute, the Sidran Foundation, and 

10 the National Center on Post-Traumatic Stress Dis11 order. 

12 ‘‘(g) POWERS.—In the performance of the duties set 

13 forth or authorized in this section, the Director shall have 

14 the following powers: 

15 ‘‘(1) To have access to all records, reports, au16 dits, reviews, documents, papers, recommendations, 

17 or other material available in the Department of De18 fense which relate to the duties of the Director. 

19 ‘‘(2) To request such information or assistance 

20 as may be necessary for carrying out the Director’s 

21 duties from any Federal, State, or local govern22 mental agency or unit thereof. 

23 ‘‘(3) To require by subpoena the production of 

24 all information, documents, reports, answers, 

25 records, accounts, papers, and other data and docu-
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1 mentary evidence necessary in the performance of 

2 the Director’s duties, which subpoena, in the case of 

3 contumacy or refusal to obey, shall be enforceable by 

4 order of any appropriate United States district 

5 court. 

6 ‘‘(4) To serve subpoenas, summons, and any ju7 dicial process related to the performance of any of 

8 the Director’s duties. 

9 ‘‘(5) To administer to or take from any person 

10 an oath, affirmation, or affidavit whenever necessary 

11 in the performance of the Director’s duties, which 

12 oath, affirmation, or affidavit, when administered or 

13 taken by or before an employee designated by the 

14 Director, shall have the same force and effect as if 

15 administered or taken by or before an officer having 

16 a seal. 

17 ‘‘(6) To have direct and prompt access to the 

18 Secretary of Defense, the Secretary of a military de19 partment, and any commander when necessary for 

20 any purpose pertaining to the performance of the 

21 Director’s duties. 

22 ‘‘(7) To obtain for any victim of sexual mis23 conduct, sexual assault, family violence, domestic vi24 olence, or stalking from any military command a no 

25 contact order or from a court of appropriate juris-
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•HR 5391 IH 

1 diction an order of protection, respectively, to safe2 guard the victim. 

3 ‘‘(8) To obtain for any victim of sexual mis4 conduct, sexual assault, family violence, domestic vi5 olence or stalking from any facility of the uniformed 

6 services or any other health care facility of the Fed7 eral Government or, by contract, from any other 

8 source, medical services and counseling and other 

9 mental health services for treating or investigating 

10 including— 

11 ‘‘(A) injuries resulting from the sexual 

12 misconduct, sexual assault, domestic violence, 

13 family violence, or stalking; 

14 ‘‘(B) rape evidence kits; 

15 ‘‘(C) DNA collection and processing; 

16 ‘‘(D) photographs of injuries; and 

17 ‘‘(E) other mental and physiological results 

18 of the sexual misconduct or domestic violence. 

19 ‘‘(9) To relocate any alleged offender during an 

20 investigation in order to ensure the safety of a vic21 tim. 

22 ‘‘(h) REFERRALS FOR PROSECUTION.—(1) The Di23 rector may refer any case of sexual misconduct, domestic 

24 violence, family violence, sexual assault, or stalking de25 scribed in subsection (d)(1) to— 
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1 ‘‘(A) a United States Attorney, or another ap2 propriate official in the Department of Justice, for 

3 prosecution; or 

4 ‘‘(B) to an appropriate commander within the 

5 armed forces for action under chapter 47 of this title 

6 (the Uniform Code of Military Justice) or other ap7 propriate action. 

8 ‘‘(2) The Director shall report each such referral to 

9 the Secretary of Defense. 

10 ‘‘(i) STAFF.—(1) The Director shall have— 

11 ‘‘(A) a staff of investigators who have extensive 

12 experience in criminal investigations and dem13 onstrated expertise in domestic violence, family vio14 lence, sexual assault, or stalking; 

15 ‘‘(B) a staff of attorneys sufficient to provide 

16 the Director, the criminal investigators, and the Di17 rector’s other staff personnel with legal counsel nec18 essary for the performance of the duties of the Di19 rector; 

20 ‘‘(C) a staff of counseling referral specialists; 

21 and 

22 ‘‘(D) such other staff as is necessary for the 

23 performance of the Director’s duties. 

24 ‘‘(2) To the maximum extent practicable, the staff 

25 of the Director shall be generally representative of the 
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•HR 5391 IH 

1 population of the United States with regard to race, gen2 der, and cultural diversity. The staff shall also reflect the 

3 race, gender, and cultural diversity of the victims filing 

4 complaints within the military departments. 

5 ‘‘(j) REPORTS TO DIRECTOR.—Each member of the 

6 armed forces and each officer or employee of the Depart7 ment of Defense who, in the official capacity of that mem8 ber, officer, or employee, receives an allegation of sexual 

9 misconduct, sexual assault, domestic violence, family vio10 lence, or stalking shall submit to the Director notification 

11 of that allegation, together with such information as the 

12 Director may require for the purpose of carrying out the 

13 Director’s duties. 

14 ‘‘(k) ANNUAL REPORT ON SEXUAL MISCONDUCT

15 AND DOMESTIC VIOLENCE.—Not later than April 1, 2005, 

16 and January 15 of each year thereafter, the Secretary of 

17 Defense shall submit to Congress a report on the number 

18 and disposition of cases of sexual misconduct, sexual as19 sault, family violence, stalking, and domestic violence by 

20 or involving members of the armed forces and officers and 

21 employees of the Department of Defense during the pre22 ceding year. 

23 ‘‘(l) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘sexual misconduct’ includes the 

25 following: 
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1 ‘‘(A) Sexual harassment, including any 

2 conduct involving sexual harassment that— 

3 ‘‘(i) in the case of conduct of a person 

4 who is subject to the provisions of chapter 

5 47 of this title (the Uniform Code of Mili6 tary Justice), comprises a violation of a 

7 provision of subchapter X of such chapter 

8 (relating to the punitive articles of such 

9 Code) or an applicable regulation, direc10 tive, or guideline regarding sexual harass11 ment that is prescribed by the Secretary of 

12 Defense or the Secretary of a military de13 partment; and 

14 ‘‘(ii) in the case of an employee of the 

15 Department of Defense or a family mem16 ber subject to the jurisdiction of the Sec17 retary of Defense or of the Secretary of a 

18 military department, comprises a violation 

19 of a regulation, directive, or guideline re20 ferred to in clause (i) that is applicable to 

21 such employee or family member. 

22 ‘‘(B) Sexual abuse. 

23 ‘‘(C) Sexual assault. 

24 ‘‘(D) Sexual battery. 

25 ‘‘(E) Rape. 
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1 ‘‘(2) The term ‘domestic violence’ includes the 

2 following: 

3 ‘‘(A) Domestic violence. 

4 ‘‘(B) Spouse abuse. 

5 ‘‘(C) Intimate partner violence. 

6 ‘‘(D) Stalking. 

7 ‘‘(E) Child abuse, neglect, and maltreat8 ment. 

9 ‘‘(3) The term ‘complaint,’ with respect to an 

10 allegation of sexual misconduct, family violence, sex11 ual assault, stalking, or domestic violence, includes 

12 a report of such allegation.’’. 

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

14 at the beginning of chapter 4 of such title is amended by 

15 adding at the end the following new item: 

‘‘144. Director of Special Investigations.’’. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated for each of fiscal years 2005 

18 through 2009 for Operation and Maintenance, Defense19 Wide, the amount of $10,000,000 to carry out the func20 tions of the Director of Special Investigations in the De21 partment of Defense. Funds available under this section 

22 shall remain available until expended. Of the amounts ap23 propriated to carry out this section for any fiscal year, 

24 the Secretary— 
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1 (1) may not use more than 3 percent for eval2 uation, monitoring, site visits, conferences, and other 

3 administrative costs associated with conducting ac4 tivities under this section; and 

5 (2) shall use not less than 5 percent for tech6 nical assistance and training to be provided by orga7 nizations having demonstrated expertise in devel8 oping law enforcement, criminal justice, and inves9 tigative protocols and procedures in response to do10 mestic violence, family violence, sexual assault, and 

11 stalking, including the Federal Law Enforcement 

12 Training Center, the American Prosecutors Research 

13 Institute, and the National District Attorneys Asso14 ciation. 

15 Technical assistance and training under paragraph (2) 

16 may be offered to elements of the Armed Forces, installa17 tions, or commands in the process of developing investiga18 tive procedures, whether they are receiving funds under 

19 this section or not. 
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1 TITLE IV—PROTECTION OF PER2 SONS REPORTING SEXUAL AS3 SAULT OR DOMESTIC VIO4 LENCE 

5 SEC. 401. PROTECTION OF COMMUNICATIONS BETWEEN 

6 VICTIMS AND ADVOCATES. 

7 (a) RESTRICTING COMMUNICATION PROHIBITED.— 

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

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

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

11 or a Victims’ Advocate within the Department of De12 fense’’. 

13 (b) PROHIBITION OF RETALIATORY PERSONNEL AC14 TIONS.—Subsection (b)(1) of such section is amended— 

15 (1) in subparagraph (A), by striking ‘‘or an In16 spector General’’ and inserting ‘‘, an Inspector Gen17 eral, or the Office of the Victims’ Advocate or a Vic18 tims’ Advocate’’; and 

19 (2) in subparagraph (A)— 

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

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

22 (B) by inserting after clause (ii) the fol23 lowing new clause: 

24 ‘‘(iii) The Office of the Victims’ Advo25 cate or a Victims’ Advocate.’’. 
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1 (c) INSPECTOR GENERAL INVESTIGATIONS.—Sub2 section (c)(2) of such subsection is amended by inserting 

3 ‘‘, sexual assault, domestic violence, family violence, stalk4 ing,’’ in subparagraph (A) after ‘‘sexual harassment’’. 

5 SEC. 402. WHISTLEBLOWER PROTECTIONS FOR VICTIM AD6 VOCATES. 

7 (a) RESTRICTING COMMUNICATIONS WITH VICTIMS

8 AND SURVIVORS PROHIBITED.—(1) No person may re9 strict a victim advocate within the Department of Defense 

10 in communicating with a victim or survivor of domestic 

11 violence, sexual assault, family violence, intimate partner 

12 violence, or stalking. 

13 (2) Paragraph (1) does not apply to a communication 

14 that is unlawful. 

15 (b) PROHIBITION OF RETALIATORY PERSONNEL AC16 TIONS.—(1) No person may take or threaten to take an 

17 unfavorable personnel action, or withhold or threaten to 

18 withhold a favorable personnel action, against a victim ad19 vocate as a reprisal for— 

20 (A) providing services to victims and survivors 

21 of domestic violence, sexual assault, family violence, 

22 intimate partner violence, or stalking; 

23 (B) a communication to a Member of Congress 

24 or an Inspector General; 
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1 (C) a communication with military law enforce2 ment, military criminal investigators, judge advo3 cates, or command; 

4 (D) a communication with civilian law enforce5 ment, county, State, or United States attorneys, 

6 court officials, probation officers, or victim service 

7 providers; or 

8 (E) a communication with any other person or 

9 organization, including any person or organization in 

10 the chain of command, in the course of providing 

11 services to a victim or survivor. 

12 (2) Any action prohibited by paragraph (1), including 

13 the threat to take any action and the withholding or threat 

14 to withhold any favorable action, shall be considered for 

15 the purposes of this section to be a personnel action pro16 hibited by this subsection. 

17 (c) INVESTIGATION OF ALLEGATIONS OF PROHIB18 ITED PERSONNEL ACTIONS.—(1) If a victim advocate 

19 submits to an Inspector General an allegation that a per20 sonnel action prohibited by subsection (b) has been taken 

21 or threatened against the victim advocate with respect to 

22 communication described in paragraph (2), the Inspector 

23 General shall take the action required under paragraph 

24 (3). 
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1 (2) A communication described in this paragraph is 

2 a communication which a victim advocate reasonably be3 lieves constitutes evidence of any of the following: 

4 (A) A violation of law or regulation, including 

5 a law or regulation prohibiting domestic violence, 

6 sexual assault, or stalking. 

7 (B) Gross mismanagement, an abuse of author8 ity, or a substantial danger to community safety or 

9 public health. 

10 (3)(A) If the Inspector General receiving an allega11 tion as described in paragraph (1) is an Inspector General 

12 within a military department, that Inspector General shall 

13 promptly notify the Inspector General of the Department 

14 of Defense of the allegation. Such notification shall be 

15 made in accordance with regulations prescribed under sub16 section (f). 

17 (B) An Inspector General receiving such an allegation 

18 shall expeditiously determine, in accordance with regula19 tions prescribed under subsection (f), whether there is suf20 ficient evidence to warrant an investigation of the allega21 tion. 

22 (C) Upon determining that an investigation of an al23 legation under paragraph (1) is warranted, the Inspector 

24 General making the determination shall expeditiously in25 vestigate the allegation. 
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1 (D) The Inspector General of the Department of De2 fense shall ensure that the Inspector General conducting 

3 the investigation of an allegation under this subsection is 

4 outside the immediate chain of command of both the vic5 tim advocate submitting the allegation and the individual 

6 or individuals alleged to have taken the retaliatory action. 

7 (d) INVESTIGATION OF UNDERLYING ALLEGA8 TIONS.—Upon receiving an allegation under subsection 

9 (c), the Inspector General receiving the allegation shall 

10 conduct a separate investigation of the information that 

11 the victim advocate making the allegation believes con12 stitutes evidence of wrongdoing as described in subpara13 graph (A) or (B) of subsection (c)(2) if there previously 

14 has not been such an investigation or if the Inspector Gen15 eral determines that the original investigation was biased 

16 or otherwise inadequate. 

17 (e) REPORTS ON INVESTIGATIONS.—(1) After com18 pletion of an investigation under subsection (c) or (d), the 

19 Inspector General conducting the investigation shall sub20 mit a report on the results of the investigation to the Sec21 retary of Defense and Director of the Office of the Vic22 tims’ Advocate and shall transmit a copy of the report on 

23 the results of the investigation to the victim advocate who 

24 made the allegation investigated. The report shall be 

25 transmitted to the Secretary of Defense and the Director 
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1 of the Office of the Victims’ Advocate, and the copy of 

2 the report shall be transmitted to the victim advocate, not 

3 later than 30 days after the completion of the investiga4 tion. 

5 (2) In the copy of the report transmitted to the victim 

6 advocate, the Inspector General shall ensure that the max7 imum disclosure of information possible, with the excep8 tion of information that is not required to be disclosed 

9 under section 552 of title 5, United States Code. However, 

10 the copy need not include summaries of interviews con11 ducted, nor any document acquired, during the course of 

12 the investigation. Such items shall be transmitted to the 

13 victim advocate, if the victim advocate requests the items, 

14 with the copy of the report or after the transmittal to the 

15 victim advocate of the copy of the report, regardless of 

16 whether the request for those items is made before or after 

17 the copy of the report is transmitted to the victim advo18 cate. 

19 (3) If, in the course of an investigation of an allega20 tion under this section, the Inspector General determines 

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

22 paragraph (1) within 180 days after the date of receipt 

23 of the allegation being investigated, the Inspector General 

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

25 advocate making the allegation a notice— 
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1 (A) of that determination, including the reasons 

2 why the report may not be submitted within that 

3 time; and 

4 (B) of the time when the report will be sub5 mitted. 

6 (4) The report on the results of the investigation shall 

7 contain a thorough review of the facts and circumstances 

8 relevant to the allegation and the complaint or disclosure 

9 and shall include documents acquired during the course 

10 of the investigation, including summaries of interviews 

11 conducted. The report may include a recommendation as 

12 to the disposition of the complaint. 

13 (f) REGULATIONS.—(1) The Secretary of Defense 

14 shall prescribe regulations to carry out this section. In pre15 scribing such regulations the Secretary of Defense shall 

16 provide for appropriate procedural protections for the sub17 ject of any investigation carried out under this section, 

18 including a process of appeal and review of investigative 

19 findings. 

20 (2) The Secretary shall provide in such regulations 

21 that a violation of the prohibition in this section by a per22 son subject to chapter 47 of title 10, United States Code 

23 (the Uniform Code of Military Justice), is punishable as 

24 a violation of section 892 of that title. 
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1 (3) Such regulations shall be prescribed not later 

2 than 120 days after the date of the enactment of this Act. 

3 SEC. 403. PROHIBITION OF COMPULSORY DISCLOSURE OF 

4 CERTAIN COMMUNICATIONS AND INFORMA5 TION. 

6 (a) PROHIBITION.—A victim representative may not 

7 be compelled, without appropriate consent, to give testi8 mony or to produce records concerning confidential com9 munications for any purpose in a criminal, disciplinary, 

10 civil, legislative, or administrative proceeding. 

11 (b) DEFINITIONS.—For purposes of this section: 

12 (1) APPROPRIATE CONSENT.—The term ‘‘ap13 propriate consent’’ means— 

14 (A) the consent of the victim, with respect 

15 to testimony of— 

16 (i) an adult victim; or 

17 (ii) a victim representative, if the vic18 tim is an adult; and 

19 (B) the consent of the victim’s parent, 

20 legal guardian, or guardian ad litem, with re21 spect to the testimony of— 

22 (i) a victim who is a minor or incom23 petent to testify; or 

24 (ii) a victim representative if the vic25 tim is a minor or incompetent to testify. 
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1 (2) VICTIM REPRESENTATIVE.—The term ‘‘vic2 tim representative’’ means a victim advocate, victim 

3 witness liaison, victim support liaison, or victim 

4 counselor. 

5 (c) EMERGENCY SHELTER PROTECTION.—A victim 

6 or victim representative may not be compelled to provide 

7 testimony in a civil, criminal, legislative, disciplinary, or 

8 administrative proceeding that would identify— 

9 (1) the name, address, location, or telephone 

10 number of a safe house, abuse shelter, or other facil11 ity that provided temporary emergency shelter to the 

12 victim of the offense or transaction that is the sub13 ject of the proceeding; or 

14 (2) the name, address, or telephone number of 

15 a victim representative. 

16 (d) WAIVER BY MINOR.—A minor may waive the 

17 privilege provided under subsection (a) and testify, or give 

18 consent for a victim representative to testify, if the court 

19 or hearing officer determines that the minor is capable of 

20 knowingly waiving the privilege. 

21 (e) EXCEPTION TO WAIVER AUTHORITY.—Notwith22 standing subsection (a), a parent or legal guardian may 

23 not, on behalf of a minor, waive the privilege provided 

24 under subsection (a) with respect to the minor’s testimony 

25 or the testimony of a victim representative if— 
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1 (1) the parent or legal guardian has been 

2 charged with a crime against the minor; 

3 (2) a protective order, no contact order or re4 straining order has been entered against the parent 

5 or legal guardian on request of or behalf of the 

6 minor; or 

7 (3) the parent or legal guardian otherwise has 

8 an interest adverse to that of the minor with respect 

9 to the waiver of privilege. 

10 TITLE V—PERSONNEL 

11 ADMINISTRATION MATTERS 

12 SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS. 

13 (a) REQUIREMENT.—The Secretary of Defense shall 

14 prescribe in regulations a requirement that, in the case 

15 of any member of the Army, Navy, Air Force, or Marine 

16 Corps and any officer or employee of the Department of 

17 Defense, the commitment of the member, or the officer 

18 or employee, to the elimination of sexual harassment, sex19 ual misconduct, sexual assault, domestic violence, family 

20 violence, and stalking in the place of work or duty of the 

21 member, or the officer or employee, and at installations 

22 and other facilities of the Department of Defense shall be 

23 one of the factors considered in— 

24 (1) the evaluation of the performance of work 

25 or duties of the member or the officer or employee; 
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1 (2) the determination of the appropriateness of 

2 a promotion of the member or the officer or em3 ployee; and 

4 (3) the determination of the appropriateness of 

5 selecting the member or the officer or employee to 

6 receive a financial award for performance of work or 

7 duties. 

8 (b) ANNUAL REPORT TO CONGRESS.—The Secretary 

9 shall submit to Congress an annual report on the imple10 mentation of the regulations required by subsection (a). 

11 The report shall contain an assessment of the effects of 

12 the implementation of such regulations on the number, ex13 tent, and seriousness of the cases of domestic violence, 

14 sexual misconduct, sexual assault, family violence, and 

15 stalking in the Department of Defense. The annual report 

16 under this subsection shall be separate from the annual 

17 report required by section 144(k) of title 10, United States 

18 Code. 

19 (c) ELIGIBILITY FOR PROMOTION AND AWARDS.— 

20 The Secretary of Defense and the Secretary of the military 

21 department concerned may not approve for presentation 

22 of a financial award for performance of work or duties 

23 or for promotion an officer or employee of the Department 

24 of Defense or a member of the Armed Forces who— 
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1 (1) has been convicted of a criminal offense in2 volving domestic violence, family violence, sexual as3 sault, sexual misconduct, or stalking; or 

4 (2) has received any other disciplinary action or 

5 adverse personnel action on the basis of having en6 gaged in domestic violence, sexual assault, sexual 

7 misconduct, family violence, or stalking. 

8 TITLE VI—NATIONAL AND 

9 INTERNATIONAL HOTLINES 

10 AWARENESS, PREVENTION, 

11 AND INTERVENTION CAM12 PAIGN 

13 SEC. 601. AWARENESS, PREVENTION, AND INTERVENTION 

14 CAMPAIGN. 

15 (a) AWARDS AUTHORIZED.—The Secretary of De16 fense (in this section referred to as the ‘‘Secretary’’), act17 ing through the Director of the Office of the Victims’ Ad18 vocate, is authorized to award contracts to any eligible en19 tity to support the crisis intervention services of the De20 partment of Defense for victims of domestic violence, sex21 ual assault, family violence, and stalking in the Depart22 ment of Defense. 

23 (b) ELIGIBLE ENTITIES.—In this section, the term 

24 ‘‘eligible entity’’ means any of the following: 

25 (1) The National Domestic Violence Hotline. 
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1 (2) The National Sexual Assault Hotline. 

2 (3) The American Women Overseas Hotline. 

3 (c) PURPOSE OF CONTRACT.—An entity awarded a 

4 contract under subsection (a) shall— 

5 (1) include in the services provided under the 

6 contract the availability of a toll-free telephone num7 ber (commonly referred to as an ‘‘800’’ number); 

8 (2) ensure that information about services and 

9 resources available to military personnel, families, 

10 and partners— 

11 (A) is revised and updated as appropriate; 

12 (B) is made available and visibly posted at 

13 appropriate facilities within the Department of 

14 Defense; and 

15 (C) is made available through appropriate 

16 public information services; 

17 (3) provide for coordination with the Secretary 

18 of Defense, acting through the Director of the Office 

19 of the Victims’ Advocate, to ensure that individuals 

20 are provided appropriate information about pro21 grams, requirements, and procedures for military 

22 and civilian resources, services, counseling, and 

23 treatment; 

24 (4) provide support services for military per25 sonnel, families, and partners for the purpose of de-
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1 veloping and strengthening effective prevention and 

2 intervention strategies with response to 

3 servicemembers, family members, and partners expe4 riencing domestic violence, family violence, sexual as5 sault, and stalking; 

6 (5) develop and implement policies regarding 

7 appropriate, safe responses, and identification and 

8 referral procedures for servicemembers, family mem9 bers, and partners experiencing domestic violence, 

10 family violence, sexual assault, and stalking; 

11 (6) provide linguistically and culturally appro12 priate services, or linkages to existing services in the 

13 community, tailored to the needs of victims and sur14 vivors associated with the Armed Forces; and 

15 (7) provide the necessary human resources to 

16 respond to the needs of servicemembers, family 

17 members, and partners who are experiencing domes18 tic violence, family violence, sexual assault, or stalk19 ing, such as a resource person or liaison who is ei20 ther on-site or on-call and who possesses dem21 onstrated experience as a service provider to victims 

22 associated with the Armed Forces. 

23 (d) APPLICATIONS.— 

24 (1) IN GENERAL.—An eligible entity that de25 sires to receive a contract under this section shall 
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1 submit to the Secretary an application at such time, 

2 in such manner, and containing such information as 

3 the Secretary may require, consistent with the re4 quirements in this section. 

5 (2) CONTENTS.—An application under para6 graph (1) shall— 

7 (A) outline and describe the activities to be 

8 undertaken to promote prevention, interventions 

9 and collaboration; 

10 (B) identify the members of the entity sub11 mitting the application who will be responsible 

12 for carrying out the activities described in sub13 paragraph (A); 

14 (C) ensure that communities or agencies 

15 affected by the activities described in subpara16 graph (A) are adequately represented in the de17 velopment of the application, resources, train18 ing, and follow on activities to be undertaken, 

19 and that they have a significant role in evalu20 ating the success of the project; 

21 (D) include documentation of any history 

22 of training between military entities, domestic 

23 violence, sexual assault, or stalking service pro24 viders, courts, law enforcement agencies, com25 munity-based programs, and other needs of vic-
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1 tims of domestic violence, sexual assault, family 

2 violence, and stalking; 

3 (E) provide assurances that training and 

4 other activities will be provided to all types of 

5 staff, will address appropriate practices for dis6 semination of information, referrals, follow-up, 

7 screening, intake, assessment, and provision of 

8 services addressing the safety needs of victims 

9 of domestic violence, sexual assault, family vio10 lence, or stalking; 

11 (F) describe how the training and collabo12 ration activities will enhance or ensure the safe13 ty and security of Armed Forces personnel, 

14 family members, and partners where domestic 

15 violence, sexual assault, family violence, or 

16 stalking occurs by providing appropriate re17 sources, protection, and support to victims; 

18 (G) outline the services to be provided, in19 cluding information and referrals to both mili20 tary and civilian resources; 

21 (H) outline methods and means partici22 pating entities will use to ensure that all serv23 ices are provided in a linguistically and cul24 turally competent manner and will use commu25 nity-based support and resources; and 
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1 (I) outline the protocols, policies, and pro2 cedures participating entities will develop and 

3 adopt to ensure the confidentiality of victims. 

4 (e) CONSIDERATIONS.—(1) In providing information 

5 on services, resources, counseling, and advocacy available 

6 to Armed Forces personnel, family members, and part7 ners, the Secretary shall ensure that the personnel who 

8 provide assistance under this section are trained to provide 

9 to persons who have experienced sexual assault, domestic 

10 violence, family violence, and stalking information about 

11 the services, care, and treatment relating to domestic vio12 lence, family violence, sexual assault, and stalking avail13 able in the communities in which the victim resides, in14 cluding care and services available under programs of the 

15 Department of Defense and the Department of Veterans 

16 Affairs and from non-military and non-veteran agencies 

17 and organizations. 

18 (2) The Secretary shall ensure that the telephone as19 sistance service shall be operated in a manner that pro20 tects the confidentiality of persons who place a call to the 

21 system. 

22 (3) The Secretary shall ensure that information about 

23 the availability of the telephone assistance service is visibly 

24 posted in medical facilities, commissary and exchange fa25 cilities, and Family Advocacy Program and Victims’ Advo-
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1 cate Program facilities of the Department and is adver2 tised through public service announcements and pam3 phlets, and by other means. 

4 (f) DURATION OF AWARDS.—The Secretary shall 

5 make the awards under this section for a period of one 

6 year. The awards may be renewed. 

7 (g) AWARD AMOUNTS.—Each award under this sec8 tion shall be in an amount of not more than $500,000 

9 per year. 

10 (h) CONFIDENTIALITY.—(1) In order to ensure the 

11 safety of victims of domestic violence, sexual assault, fam12 ily violence, or stalking and their families, the hotline serv13 ice provider shall protect the confidentiality and privacy 

14 of persons receiving services. The hotline service provider 

15 shall not disclose any personally identifying information 

16 or individual information collected in connection with serv17 ices requested, used, or denied through its programs. The 

18 hotline service provider shall not reveal individual client 

19 information without the informed, written, reasonably 

20 time-limited consent of the person (or in the case of an 

21 unemancipated minor, the minor and the parent or guard22 ian) about whom information is sought, whether for the 

23 victim service provider or any other Armed Forces, Tribal, 

24 Federal, State, or Territorial program. If release of such 

25 information is compelled by statutory or court mandate, 
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1 the hotline services provider shall make reasonable at2 tempts to provide notice to victims affected by the disclo3 sure of information. If such personally identifying infor4 mation is or will be revealed, the hotline service provider 

5 shall take steps necessary to protect the privacy and safety 

6 of the persons affected by the release of the information. 

7 The hotline service provider may share nonpersonally iden8 tifying data in the aggregate regarding services to their 

9 clients and nonpersonally identifying demographic infor10 mation in order to comply with Armed Forces, Tribal, 

11 Federal, State, or Territorial reporting, evaluation, or 

12 data collection requirements. 

13 (2) In this subsection, the term ‘‘personally identi14 fying information’’ has the meaning given that term in 

15 section 1815(c) of title 10, United States Code, as added 

16 by section 101. 

17 (i) NONSUPPLANTATION.—Any Federal funds re18 ceived under this section shall be used to supplement, and 

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

20 be available for activities funded under this section. 

21 (j) MATCHING FUNDS.—For the purposes of this sec22 tion, a nonprofit, nongovernmental victim services pro23 gram receiving funds under this section may not be re24 quired to provide matching funds as a condition of receiv25 ing an award under this section. 
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1 (k) REPORTS.—An entity receiving funds under this 

2 section shall submit to the Secretary a report that de3 scribes, at a minimum— 

4 (1) how the funds under the program were used 

5 and the extent to which Armed Forces personnel, 

6 family members, or partners were served; 

7 (2) the adequacy of staff training and services 

8 to ensure that the needs of Armed Forces members, 

9 family members, or partners were met; and 

10 (3) the existence of continuing barriers the enti11 ty faces to more fully addressing the needs of Armed 

12 Forces members, family members, or partners. 

13 (l) AUTHORIZATION OF APPROPRIATION.—There is 

14 authorized to be appropriated for each of fiscal years 2005 

15 through 2009 for Operation and Maintenance, Defense16 Wide, the amount of $500,000 to carry out this section. 

17 (m) AVAILABILITY.—Funds available under this sec18 tion shall remain available until expended. Of the amounts 

19 appropriated to carry out this section for each fiscal year, 

20 the Secretary— 

21 (1) may not use more than 3 percent for eval22 uation, monitoring, site visits, conferences, and other 

23 administrative costs associated with conducting ac24 tivities under this section; 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 system responses to domestic violence, family 

5 violence, sexual assault and stalking. 

6 Technical assistance and training under paragraph (2) 

7 may be offered to elements of the Armed Forces, installa8 tions, and commands in the process of developing commu9 nity responses, whether they are receiving funds under 

10 this section or not. 

11 TITLE VII—MEDICAL CARE AND 

12 TREATMENT FOR VICTIMS OF 

13 SEXUAL AND DOMESTIC VIO14 LENCE 

15 SEC. 701. FINDINGS. 

16 Congress makes the following findings: 

17 (1) A study published in the New England 

18 Journal of Medicine reported that one in six soldiers 

19 of the Iraq War displays symptoms of post-trau20 matic stress disorder (PTSD). 

21 (2) Clinical experts are anticipating an increase 

22 in the number of post-traumatic stress disorder 

23 cases among members of the Armed Forces in light 

24 of the increasing duration of military deployments. 
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1 (3) Studies conducted by the Department of 

2 Defense indicate an increase in domestic violence 

3 cases following deployments. 

4 (4) Victims of domestic violence, family vio5 lence, sexual assault, and stalking display symptoms 

6 of post-traumatic stress disorder and other psycho7 social symptoms following the onset of violence. 

8 (5) Sixty-six percent of victims of sexual assault 

9 display symptoms of post-traumatic stress disorder 

10 referred to as rape trauma or military sexual trau11 ma. Ninety percent of sexual assault victims experi12 ence the onset of post-traumatic stress disorder 

13 within one month of the assault. Fifty percent of 

14 sexual assault victims display symptoms of post15 traumatic stress disorder up to six months following 

16 the assault. One-third of victims of sexual assault 

17 display symptoms of post-traumatic stress disorder 

18 more than six months later. 

19 (6) The Secretary of Defense is required to en20 sure, in accordance with Federal law, that the De21 partment of Defense maintains its capacity to pro22 vide treatment and rehabilitative needs of active 

23 duty personnel and military families within pro24 grams or facilities of the Department. 
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1 SEC. 702. ENHANCED DEPARTMENT OF DEFENSE TREAT2 MENT CAPACITY. 

3 (a) ADDITIONAL PERSONNEL AUTHORIZED.—The 

4 Secretary of Defense, acting through the Assistant Sec5 retary of Defense for Health Affairs, may award contracts 

6 for additional personnel, including sexual assault nurse ex7 aminers, social workers, psychiatrists, and other mental 

8 health services specialists in medical centers and out9 patient facilities specializing in the diagnosis and treat10 ment of post-traumatic stress disorder, rape trauma, mili11 tary sexual trauma, domestic violence, family violence, 

12 stalking, sex offender behavior, or batterer intervention. 

13 (b) USE OF FUNDS.—Funds made available pursuant 

14 to the authorization of appropriations in subsection (c) 

15 shall, to the extent funds are available for such purpose, 

16 be used to employ at least one sexual assault nurse exam17 iner and psychiatrist, and a complimentary clinical team 

18 at each medical facility operated by the Department of De19 fense in order to conduct a specialized program at that 

20 facility for the diagnosis and treatment of post-traumatic 

21 stress disorder, rape trauma, and military sexual trauma. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $20,000,000 for each of fiscal years 2005 through 2009. 
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1 SEC. 703. OUTREACH PROGRAM AT THE COMMUNITY 

2 LEVEL. 

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

4 through the Assistant Secretary of Defense for Health Af5 fairs, shall carry out a program to provide outreach at 

6 the community level to members of the Armed Forces on 

7 active duty and family members of such members who are 

8 victims of domestic violence, sexual assault, family vio9 lence, or stalking. 

10 (b) PROGRAM SITES.—The outreach program shall 

11 be carried out on a nation-wide basis through facilities of 

12 the Department of Defense. 

13 (c) PROGRAM CONTENT.—In conducting the outreach 

14 program, the Secretary shall provide for individualized 

15 case management to be conducted on a one-to-one basis, 

16 counseling, education, and group therapy to help partici17 pants cope with trauma. Through the program, the Sec18 retary shall— 

19 (1) emphasize early identification of victims ex20 periencing post-traumatic stress disorder, rape trau21 ma, military sexual trauma, domestic violence, fam22 ily violence, or stalking; 

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

24 for treatment; 
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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 (4) provide victims of sexual assault with timely 

5 and confidential access to the necessary standard of 

6 post-sexual assault medical care, including rape evi7 dence kits, sexually transmitted disease screening 

8 and treatment, HIV screening and treatment, FDA9 approved methods of pregnancy prevention, includ10 ing emergency contraception and reproductive serv11 ices, including all services as authorized by section 

12 1093 of title 10, United States Code; and 

13 (5) provide that health information packets 

14 given to members of the Armed Forces and their 

15 family members include information about how to 

16 access timely and confidential post-sexual assault 

17 medical care, including rape evidence kits, sexually 

18 transmitted disease screening and treatment, HIV 

19 screening and treatment, and FDA-approved meth20 ods of pregnancy prevention, including emergency 

21 contraception. 

22 (d) PROGRAM MODELS.—The Secretary shall estab23 lish and carry out the program following a comprehensive 

24 review of programs, including programs of the Depart25 ment of Veterans Affairs, of State, and local governments, 
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1 and of private, nonprofit, or nongovernmental organiza2 tions specializing in the treatment of victims of domestic 

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

4 SEC. 704. EQUAL TREATMENT AND SERVICES. 

5 The Secretary of Defense shall develop and adopt 

6 policies to prohibit the disparate treatment of females in 

7 placement and treatment, and establishing gender specific 

8 services to ensure that females have access to the full 

9 range of health and mental health services, treatment for 

10 physical and sexual assault and abuse, education in par11 enting, education in general, and other training and voca12 tional services. 

13 SEC. 705. EVALUATION OF SERVICES AND TREATMENT 

14 WITHIN DEPLOYED UNITS. 

15 (a) ASSESSMENT OF DEPLOYED UNITS.—The Sec16 retary of Defense shall assess the availability and accessi17 bility within deployed units of rape evidence kits, testing 

18 supplies for sexually transmitted infections and diseases 

19 (STIs), for HIV, and for pregnancy, emergency contracep20 tion, transportation, resources, and medication. The as21 sessment shall include an inventory of supplies, trained 

22 personnel, and transportation resources assigned or de23 ployed. The assessment shall be completed no later than 

24 30 days after the date of the enactment of this Act. 
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1 (b) ACTION PLAN FOR DEPLOYED UNITS.—The Sec2 retary shall develop a plan to enhance accessibility and 

3 availability of supplies, trained personnel, and transpor4 tation resources in response to sexual assaults occurring 

5 in deployed units. 

6 (c) REPORTS.—(1) The Secretary shall submit to the 

7 Committees on Armed Services of the Senate and House 

8 of Representatives a report as to the supply inventory, lo9 cation, accessibility, and availability of supplies, trained 

10 personnel, and transportation resources, and the strategic 

11 plan developed under subsection (b) to enhance the same 

12 in response to sexual assault in deployed units, within 45 

13 days of the enactment of this Act. 

14 (2) The Secretary shall submit to those committees 

15 a report on implementation of that strategic plan within 

16 90 days of the enactment of this Act. 

17 SEC. 706. EMERGENCY MEDICAL LEAVE. 

18 Section 709 of title 10, United States Code, is 

19 amended— 

20 (1) in subsection (b)(3), by inserting before the 

21 period at the end the following: ‘‘except that in a 

22 case of sexual assault, domestic violence, family vio23 lence, or stalking, the period of such an emergency 

24 leave of absence may exceed 14 days but may not 

25 extend for a period of more than 30 days’’; and 
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1 (2) in subsection (c)(1)— 

2 (A) by striking ‘‘or’’ at the end of subpara3 graph (A); 

4 (B) by redesignating subparagraph (B) as 

5 subparagraph (C); and 

6 (C) by inserting after subparagraph (A) 

7 the following new subparagraph (B): 

8 ‘‘(B) sexual assault, domestic violence, 

9 family violence, or stalking; or’’. 

10 SEC. 707. REPORTS. 

11 The Secretary of Defense shall submit to Congress 

12 a report setting forth the results of such review not later 

13 than 90 days after the date of the enactment of this Act. 

14 The Secretary shall submit every 18 months thereafter a 

15 report that describes— 

16 (1) the extent to which military personnel and 

17 family members were served; 

18 (2) the adequacy of staff training and services 

19 to ensure that needs of Armed Forces members and 

20 family members, including transportation and loca21 tion; and 

22 (3) the existence of continuing barriers to more 

23 fully addressing the needs of members of the Armed 

24 Forces and their family members. 
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1 SEC. 708. TRANSITION TO VETERANS HEALTH CARE FOR 

2 VICTIMS OR PERPETRATORS OF DOMESTIC 

3 VIOLENCE, SEXUAL ASSAULT, FAMILY VIO4 LENCE, OR STALKING. 

5 The Secretary of each military department shall take 

6 special care in providing for a seamless transition from 

7 Department of Defense health care services to Depart8 ment of Veterans Affairs health care services in the case 

9 of any member of the Armed Forces who is being dis10 charged or separated from active duty and who has been 

11 identified as a victim or perpetrator of domestic violence, 

12 sexual assault, family violence, or stalking. 

13 SEC. 709. PRIVACY SAFEGUARDS. 

14 (a) IN GENERAL.—In order to ensure the safety of 

15 victims of domestic violence, family violence, sexual assault 

16 or stalking and their families, the health care provider 

17 shall protect the confidentiality and privacy of persons re18 ceiving services. The health care provider may not disclose 

19 any personally identifying information or individual infor20 mation collected in connection with services requested, 

21 used, or denied through its programs. The health care pro22 vider shall not reveal individual client information without 

23 the informed, written, reasonably time-limited consent of 

24 the person (or in the case of an unemancipated minor, 

25 the minor and the parent or guardian) about whom infor26 mation is sought, whether for the victim service provider 
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1 or any other Armed Forces, Veterans, Tribal, Federal, 

2 State, or Territorial program. If release of such informa3 tion is compelled by statutory or court mandate, the health 

4 care provider shall make reasonable attempts to provide 

5 notice to victims affected by the disclosure of information. 

6 If such personally identifying information is or will be re7 vealed, the health care provider shall take steps necessary 

8 to protect the privacy and safety of the persons affected 

9 by the release of the information. The health care provider 

10 may share nonpersonally identifying data in the aggregate 

11 regarding services to their clients and nonpersonally iden12 tifying demographic information in order to comply with 

13 Armed Forces, Veterans, Tribal, Federal, State, or Terri14 torial reporting, evaluation, or data collection require15 ments. The health care provider may share court-gen16 erated information contained in secure, governmental reg17 istries. 

18 (b) PERSONALLY IDENTIFYING INFORMATION.—In 

19 this section, the term ‘‘personally identifying information’’ 

20 has the meaning given that term in section 1815(c) of title 

21 10, United States Code, as added by section 101. 
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1 TITLE VIII—MILITARY-CIVILIAN 

2 SHELTER PROGRAMS 

3 SEC. 801. ENHANCED CAPACITY OF THE DEPARTMENT OF 

4 DEFENSE FOR SHELTER PROGRAMS AND 

5 SERVICES. 

6 (a) AWARDS AUTHORIZED.— 

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

8 acting through the Director of the Office of the Vic9 tims’ Advocate, may award contracts to eligible enti10 ties to enable the design, replication, and implemen11 tation of shelter services for servicemembers, family 

12 members, or partners who experience domestic vio13 lence, family violence, sexual assault, or stalking. 

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

15 term ‘‘eligible entity’’ means a public or private, 

16 nonprofit, or nongovernmental program the primary 

17 purpose of which is to provide shelter services to vic18 tims of domestic violence, family violence, sexual as19 sault, or stalking. The entity may be— 

20 (A) a community-based organization spe21 cializing in intervention or violence prevention 

22 services for military servicemembers, family 

23 members, or partners; 

24 (B) a nonprofit nongovernmental entity 

25 providing services primarily to servicemembers, 
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1 family members, or partners who are victims of 

2 domestic violence, family violence, sexual as3 sault, or stalking; 

4 (C) a nonprofit, nongovernmental entity 

5 providing services for veterans; 

6 (D) a nonprofit, nongovernmental entity 

7 providing services to homeless individuals; or 

8 (E) a governmental program serving 

9 servicemembers and family members. 

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

11 under subsection (a) shall— 

12 (1) whenever possible, collaborate with existing 

13 shelter services in the civilian community to provide 

14 appropriate victim services; 

15 (2) provide, when appropriate shelter services 

16 are not available in the civilian community or are 

17 not accessible to Armed Forces personnel, family 

18 members, or partners, services on installations or 

19 create services in collaboration with a community20 based organization; 

21 (3) develop and implement policies in the mili22 tary departments regarding identification and refer23 ral procedures and safe response for Armed Forces 

24 personnel, family members, and partners who are ex25 periencing domestic violence, family violence, sexual 
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1 assault or stalking, including procedures for han2 dling the requirements of protective orders (military 

3 or civilian) that ensure the safety of the victim and 

4 hold the perpetrator accountable; 

5 (4) provide aid, including legal, medical, or psy6 chological counseling, to Armed Forces members, 

7 family members, or partners, who are experiencing 

8 domestic violence, family violence, sexual assault, or 

9 stalking; 

10 (5) assist with the improvement of delivery of 

11 victim services for the military departments; 

12 (6) design or replicate, and implement, pro13 grams and services using domestic violence, family 

14 violence, sexual assault and stalking intervention 

15 models to respond to the needs of Armed Forces 

16 members, family members or partners who are vic17 tims of domestic violence, family violence, sexual as18 sault, or stalking; 

19 (7) provide the necessary human resources to 

20 respond to the needs of Armed Forces members, 

21 family members, or partners who are experiencing 

22 domestic violence, family violence, sexual assault, or 

23 stalking, such as a resource person or liaison who is 

24 either on-site or on-call, and who possesses dem-
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1 onstrated experience as a service provider to victims 

2 associated with the Armed Forces; 

3 (8) provide direct counseling and advocacy for 

4 Armed Forces members, family members, or part5 ners who have experienced domestic violence, family 

6 violence, sexual assault, or stalking; 

7 (9) include linguistically and culturally appro8 priate services or linkages to existing services in the 

9 community tailored to the needs of the military com10 munity; 

11 (10) include counseling and mental health serv12 ices; 

13 (11) include legal advocacy efforts on behalf of 

14 servicemembers, family members, or partners with 

15 respect to domestic violence, family violence, sexual 

16 assault, rape, or stalking; and 

17 (12) use not use more than 25 percent of the 

18 funding to provide additional services and resources 

19 for servicemembers, family members, and partners, 

20 including childcare, transportation, education sup21 port, and respite care. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—An eligible entity that de24 sires to receive a contract under this section shall 

25 submit to the Secretary an application at such time, 
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1 in such manner, and containing such information as 

2 the Secretary may require, consistent with the re3 quirements of this section. 

4 (2) CONTENTS.—An application submitted pur5 suant to paragraph (1) shall include— 

6 (A) an outline and description of the serv7 ices to be provide to ensure the health and safe8 ty of victims of domestic violence, sexual as9 sault, family violence, and stalking; 

10 (B) identification of the members of the 

11 organization who will be responsible for car12 rying out services; 

13 (C) assurances that communities or agen14 cies affected by collaboration and service pro15 viders are adequately represented in the devel16 opment of the application, and follow on activi17 ties to be undertaken, and that they have a sig18 nificant role in evaluating the success of the 

19 project; 

20 (D) documentation of any services or advo21 cacy between military entities, domestic vio22 lence, sexual assault, family violence, or stalk23 ing service providers, courts, law enforcement 

24 agencies, community-based programs, and other 

25 entities; 
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1 (E) assurances that services and activities 

2 will be provided to all types of staff, will ad3 dress appropriate practices for prevention, 

4 intervention, response, safety, follow-up, screen5 ing, intake, assessment, and provision of serv6 ices addressing the safety needs of victims of 

7 domestic violence, family violence, sexual as8 sault or stalking; 

9 (F) a description of how the services and 

10 activities will enhance or ensure the safety and 

11 security of personnel, families and partners 

12 where domestic violence, family violence, sexual 

13 assault or stalking occurs by providing appro14 priate resources, protection, and support to vic15 tims; 

16 (G) an outline of methods and means par17 ticipating entities will use to ensure that all 

18 services are provided in a linguistically and cul19 turally competent manner and will use commu20 nity-based supports and resources; and 

21 (H) an outline of the protocols, policies, 

22 and procedures participating entities will de23 velop and adopt to ensure the confidentiality of 

24 victims. 
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1 (3) COLLABORATIVE PARTNERSHIPS..—The eli2 gible entity or service provider shall establish a part3 nership that— 

4 (A) provides appropriate referrals to com5 munity-based domestic violence programs or 

6 sexual assault victim service providers with the 

7 capacity to— 

8 (i) support servicemembers, family 

9 members, and partners who are victims of 

10 domestic violence, sexual assault, family vi11 olence, or stalking; and 

12 (ii) provide legal assistance and advo13 cacy for victims of domestic violence, fam14 ily violence, sexual assault or stalking, in15 cluding, where appropriate, assistance in 

16 obtaining and entering orders of protec17 tion; 

18 (B) provides support and training to assist 

19 military entities in supporting servicemembers, 

20 family members, or partners dealing with prob21 lems related to domestic violence, sexual as22 sault, family violence, or stalking; 

23 (C) will identify, assess, and respond ap24 propriately to domestic violence, family violence, 
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1 sexual assault, or stalking against 

2 servicemembers, family members, or partners; 

3 (D) provides appropriate resources in fam4 ily court matters to respond to domestic vio5 lence, family violence, sexual assault, or stalk6 ing; 

7 (E) assures that necessary services dealing 

8 with physical and mental health of victims are 

9 available; and 

10 (F) the military installation commander 

11 must submit proof of collaboration with any ex12 isting nonprofit nongovernmental service pro13 vider for victims of domestic violence, family vi14 olence, sexual assault, or stalking located in the 

15 region. 

16 (d) CONTRACTING CONSIDERATIONS.—The Sec17 retary, in awarding contracts under this section, shall— 

18 (1) ensure that such contracts are awarded on 

19 a competitive basis; 

20 (2) ensure, to the extent practicable, an equi21 table geographic distribution among the regions of 

22 the United States and among urban, suburban and 

23 rural areas; and 
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1 (3) give preference to applicants with strong 

2 ties to minority communities and those that dem3 onstrate high levels of cultural competence. 

4 (e) DURATION OF AWARDS.—A contract awarded 

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

6 fiscal years. Such a contract may be renewed. 

7 (f) AMOUNT.—A contract awarded under this section 

8 shall be in an amount of not less than $5,000 per year 

9 and not more than $300,000 per year. 

10 (g) CONFIDENTIALITY.— 

11 (1) NONDISCLOSURE OF CONFIDENTIAL INFOR12 MATION OR PRIVATE INFORMATION.—In order to en13 sure the safety of victims of domestic violence, sex14 ual assault or stalking and their families, the victim 

15 services provider under a contract under this section 

16 shall protect the confidentiality and privacy of per17 sons receiving services. The victim services provider 

18 may not disclose any personally identifying informa19 tion or individual information collected in connection 

20 with services requested, used, or denied through its 

21 programs. The victim services provider shall not re22 veal individual client information without the in23 formed, written, reasonably time-limited consent of 

24 the person (or in the case of an unemancipated 

25 minor, the minor and the parent or guardian) about 
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1 whom information is sought, whether for the victim 

2 service provider or any other Armed Forces, Tribal, 

3 Federal, State, or Territorial program. If release of 

4 such information is compelled by statutory or court 

5 mandate, the victim services provider shall make 

6 reasonable attempts to provide notice to victims af7 fected by the disclosure of information. If such per8 sonally identifying information is or will be revealed, 

9 the victim services provider shall take steps nec10 essary to protect the privacy and safety of the per11 sons affected by the release of the information. The 

12 victim services provider may share nonpersonally 

13 identifying data in the aggregate regarding services 

14 to their clients and nonpersonally identifying demo15 graphic information in order to comply with Armed 

16 Forces, Tribal, Federal, State, or Territorial report17 ing, evaluation, or data collection requirements. The 

18 victim services provider may share court-generated 

19 information contained in secure, governmental reg20 istries for protection order enforcement purposes. 

21 (2) PERSONALLY IDENTIFYING INFORMA22 TION.—In this section, the term ‘‘personally identi23 fying information’’ has the meaning given that term 

24 in section 1815(c) of title 10, United States Code, 

25 as added by section 101. 
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1 (h) NONSUPPLANTATION.—Any Federal funds re2 ceived under this section shall be used to supplement, and 

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

4 be available for activities funded under this section. 

5 (i) MATCHING FUNDS.—Nonprofit, nongovernmental 

6 victim services programs receiving funds under this sec7 tion shall not be required to provide matching funds as 

8 a condition of receiving an award. 

9 (j) REPORTS.—An entity receiving an award under 

10 this section shall submit to the Secretary every 18 months 

11 a report that describes, at a minimum— 

12 (1) how the funds under the award were used; 

13 (2) the extent to which military personnel, fam14 ilies, and partners were served; 

15 (3) the adequacy of staff training and services 

16 to ensure that needs of servicemembers, family 

17 members, and partners, including transportation and 

18 location; and 

19 (4) the existence of any continuing barriers the 

20 entity faces to more fully addressing the needs of 

21 servicemembers, family members, and partners. 

22 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated for fiscal years 2005 

24 through 2009 for Operation and Maintenance, Defense25 Wide, $5,000,000 to carry out this section. 
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1 (l) AVAILABILITY.—Funds available under this sec2 tion shall remain available until expended. Of the amounts 

3 appropriated to carry out this section for each fiscal year, 

4 the Secretary— 

5 (1) may not use more than 5 percent for ad6 ministration, monitoring, and evaluation of contracts 

7 made available under this section; and 

8 (2) shall use not less than 5 percent to provide 

9 technical assistance for programs funded under this 

10 section. 

11 TITLE IX—ENHANCEMENT OF 

12 ARMED FORCES DOMESTIC 

13 SECURITY ACT 

14 SEC. 901. AMENDMENTS TO SERVICEMEMBERS CIVIL RE15 LIEF ACT. 

16 The Servicemembers Civil Relief Act (50 U.S.C. App. 

17 501 et seq.) is amended— 

18 (1) in section 101(4) (50 U.S.C. App. 

19 511(4))— 

20 (A) in the heading, by striking ‘‘DEPEND21 ENT’’ and inserting ‘‘FAMILY MEMBER’’; and 

22 (B) by striking ‘‘dependent’’ and inserting 

23 ‘‘family member’’; and 

24 (2) in section 202(b)(1) (50 U.S.C. App. 

25 522(b)(1)), by inserting ‘‘, except in the case of an 
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1 order of protection or restraining order,’’ after ‘‘pro2 ceeding’’. 

3 TITLE X—CRIMES RELATED TO 

4 SEXUAL ASSAULT AND DO5 MESTIC VIOLENCE 

6 Subtitle A—Federal Criminal Code 

7 SEC. 1001. ASSIMILATIVE CRIMES. 

8 Section 13 of title 18, United States Code, is amend9 ed by adding at the end the following: 

10 ‘‘(d) That which may or shall be imposed through ju11 dicial or administrative action under the law of a State, 

12 territory, possession, or district for conduct that con13 stitutes a sexual assault, sexual abuse, sexual battery, 

14 rape, stalking, domestic violence, or family violence offense 

15 of the jurisdiction shall be considered to be punishment 

16 provided by the jurisdiction.’’. 

17 SEC. 1002. JURISDICTION FOR SEXUAL ASSAULT AND DO18 MESTIC VIOLENCE OFFENSES COMMITTED 

19 OUTSIDE THE UNITED STATES. 

20 (a) EXTRATERRITORIAL JURISDICTION.—Section 

21 3261(a) of title 18, United States Code, is amended by 

22 inserting ‘‘or constitutes a sexual assault, sexual abuse, 

23 sexual battery, rape, domestic violence, stalking, or family 

24 violence offense’’ 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— 

15 ‘‘(i) in the case of conduct of a person 

16 who is subject to the provisions of chapter 

17 47 of title 10 (the Uniform Code of Mili18 tary Justice), comprises a violation of— 

19 ‘‘(I) a provision of subchapter X 

20 of such chapter (relating to punitive 

21 articles of such Code); or 

22 ‘‘(II) an applicable regulation, di23 rective, or guideline regarding sexual 

24 harassment that is prescribed by the 
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1 Secretary of Defense or the Secretary 

2 of a military department; and 

3 ‘‘(ii) in the case of an employee of the 

4 Department of Defense or a family mem5 ber subject to the jurisdiction of the Sec6 retary of Defense or of the Secretary of a 

7 military department, comprises a violation 

8 of a regulation, directive, or guideline that 

9 is applicable to such employee or family 

10 member; 

11 ‘‘(B) sexual abuse; 

12 ‘‘(C) sexual assault; 

13 ‘‘(D) sexual battery; and 

14 ‘‘(E) rape. 

15 ‘‘(8) STALKING.—The term ‘stalking’ means 

16 engaging in a course of conduct as proscribed in 

17 chapter 110A directed at a specific person that 

18 would cause a reasonable person to fear death, sex19 ual assault, or bodily injury to himself or herself or 

20 a member of his or her immediate family, when— 

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

22 has knowledge or should have knowledge that 

23 the specific person will be placed in reasonable 

24 fear of death, sexual assault, or bodily injury to 
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1 himself or herself or a member of his or her im2 mediate family; and 

3 ‘‘(B) the conduct induces fear in the spe4 cific person of death, sexual assault, or bodily 

5 injury to himself or herself or a member of his 

6 or her immediate family.’’. 

7 SEC. 1003. TECHNICAL AMENDMENTS. 

8 (a) INTERSTATE DOMESTIC VIOLENCE.—Section 

9 2261(a) of title 18, United States Code, is amended in 

10 each of paragraphs (1) and (2) by inserting after ‘‘foreign 

11 commerce’’ the following: ‘‘or in the special maritime and 

12 territorial jurisdiction of the United States’’. 

13 (b) PROTECTIVE ORDERS.—Section 2262(a) of such 

14 title is amended in each of paragraphs (1) and (2) by in15 serting after ‘‘foreign commerce’’ the following: ‘‘or in the 

16 special maritime and territorial jurisdiction of the United 

17 States’’. 

18 (c) FULL FAITH AND CREDIT FOR PROTECTIVE OR19 DERS.—Section 2265(a) of such title is amended by in20 serting after ‘‘the court of another State or Indian tribe’’ 

21 the following: ‘‘or of a jurisdiction in the special maritime 

22 and territorial jurisdiction of the United States’’. 
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1 SEC. 1004. TRAVEL AND TRANSPORTATION. 

2 Section 406(h) of title 37, United States Code, is 

3 amended by striking ‘‘only if a written agreement of the 

4 member,’’. 

5 Subtitle B—Uniform Code of 

6 Military Justice 

7 SEC. 1011. MILITARY SEXUAL ASSAULT. 

8 (a) SEXUAL ASSAULT.—Section 920 of title 10, 

9 United States Code (article 120 of the Uniform Code of 

10 Military Justice), is amended to read as follows: 

11 ‘‘§ 920. Art. 120. Sexual assault 

12 ‘‘(a) Any person subject to this chapter who know13 ingly causes another person to engage in a sexual act— 

14 ‘‘(1) by displaying, threatening to use, or using 

15 a dangerous weapon, or any object fashioned or uti16 lized in such a manner as to lead a victim under the 

17 circumstances to reasonably believe the object to be 

18 a dangerous weapon; 

19 ‘‘(2) by force or threat of force against that 

20 other person; 

21 ‘‘(3) by threatening or placing that other per22 son in fear that any person will be subjected to 

23 death, grievous bodily harm, or kidnapping; 

24 ‘‘(4) by rendering that other person uncon25 scious and thereby engaging in a sexual act with 

26 that other person; 
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1 ‘‘(5)(A) by administering to that other person 

2 by injection, inhalation, ingestion, transfusion, pos3 session or any other means, without his or her 

4 knowledge or by threat or deception, a drug, intoxi5 cant, or other similar substance; or 

6 ‘‘(B) with the knowledge that another person so 

7 administered such drug, intoxicant, or other similar 

8 substance; 

9 ‘‘(6) during the course of or commission of or 

10 attempted commission of any other criminal act; 

11 ‘‘(7) if the sexual act is nonconsensual and the 

12 other person has attained the age of 60 years; 

13 ‘‘(8) if the sexual act is nonconsensual and the 

14 other person is a physically or mentally challenged 

15 person; 

16 ‘‘(9) if the sexual act is nonconsensual and the 

17 accused is joined or assisted by another person 

18 (other than the accused or the other person) in the 

19 sexual act or in physically restraining, assaulting, or 

20 sexually assaulting the other person; 

21 ‘‘(10) if the sexual act is nonconsensual and the 

22 other person is also caused by any person to engage 

23 in another nonconsensual sexual act as part of the 

24 same occurrence; or 
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1 ‘‘(11) if the sexual act is nonconsensual and the 

2 accused has previously been convicted of another of3 fense (whether under this chapter or under any 

4 other Federal or State law) that would constitute 

5 sexual assault or aggravated sexual assault; 

6 is guilty of aggravated sexual assault and shall be pun7 ished as a court-martial may direct. 

8 ‘‘(b) Any person subject to this chapter who know9 ingly— 

10 ‘‘(1) causes another person to engage in a sex11 ual act by threatening or placing that other person 

12 in fear (other than by threatening or placing that 

13 other person in fear that any person will be sub14 jected to death, grievous bodily harm, or kidnap15 ping); 

16 ‘‘(2) engages in a sexual act with another per17 son without the consent, knowledge, or permission of 

18 that other person; or 

19 ‘‘(3) engages in a sexual act with another per20 son if that other person is— 

21 ‘‘(A) incapable of consent; 

22 ‘‘(B) incapable of appraising the nature of 

23 the conduct; or 
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1 ‘‘(C) physically incapable of declining par2 ticipation in, or communicating unwillingness to 

3 engage in, that sexual act; 

4 is guilty of sexual assault and shall be punished as a court5 martial may direct. 

6 ‘‘(c)(1) Any person subject to this chapter who know7 ingly engages in a sexual act with another person who— 

8 ‘‘(A) has attained the age of twelve years but 

9 has not attained the age of sixteen years; or 

10 ‘‘(B) is under the custodial, supervisory, or dis11 ciplinary authority of the person so engaging; 

12 is guilty of sexual assault of a minor and shall be punished 

13 as a court-martial may direct. 

14 ‘‘(2) In a prosecution under this subsection, it need 

15 not be proven that the accused knew the age of the other 

16 person engaging in the sexual act. 

17 ‘‘(3) In a prosecution under this subsection, it is a 

18 defense, that must be established by a preponderance of 

19 the evidence, that the accused reasonably believed that the 

20 other person had attained the age of sixteen years. 

21 ‘‘(4) In a prosecution under this section, it is a de22 fense, which the accused must establish by a preponder23 ance of the evidence, that the persons engaging in the sex24 ual act were at that time married to each other. The fact 

25 that the accuser and the other person engaging in the sex-
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1 ual act were at any other time married to each other is 

2 not a defense. 

3 ‘‘(d) Any person subject to this chapter who know4 ingly engages in a sexual act with another person who is— 

5 ‘‘(1) in official detention or confinement; or 

6 ‘‘(2) under the custodial, supervisory, or dis7 ciplinary authority of the person so engaging; 

8 is guilty of sexual assault of a prisoner and shall be pun9 ished as a court-martial may direct. 

10 ‘‘(e) In this section, the term ‘sexual act’ means— 

11 ‘‘(1) contact between the penis and the vulva or 

12 the penis and the anus, and for purposes of this sub13 paragraph contact involving the penis, however 

14 slight; 

15 ‘‘(2) contact between the mouth and the penis, 

16 the mouth and the vulva, or the mouth and the 

17 anus; 

18 ‘‘(3) penetration, however slight, of the anal or 

19 genital opening of another by a hand or finger or by 

20 any object, with an intent to abuse, humiliate, har21 ass, degrade, or arouse or gratify the sexual desire 

22 of any person; 

23 ‘‘(4) the intentional touching of the external 

24 genitalia, perineum, anus, or pubes of another per25 son or the breast of a female person with an intent 
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1 to abuse, humiliate, harass, degrade, or arouse or 

2 gratify the sexual desire of any person; or 

3 ‘‘(5) the intentional touching of the clothing 

4 covering the immediate area of another person’s 

5 genitalia, perineum, anus, or pubes of another per6 son or the breast of a female person with an intent 

7 to abuse, humiliate, harass, degrade, or arouse or 

8 gratify the sexual desire of any person.’’. 

9 (b) CONFORMING AMENDMENT.—Paragraph (4) of 

10 section 918 of title 10, United States Code (article 118 

11 of the Uniform Code of Military Justice), is amended by 

12 striking ‘‘rape,’’ and inserting ‘‘aggravated sexual assault, 

13 sexual assault of a minor,’’. 

14 (c) CLERICAL AMENDMENT.—The item relating to 

15 section 920 (article 120) in the table of sections at the 

16 beginning of subchapter X of chapter 47 of title 10, 

17 United States Code, is amended to read as follows: 

‘‘920. 120. Sexual assault.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to offenses committed 

20 after the date of the enactment of this Act. 

21 (e) INTERIM MAXIMUM PUNISHMENTS.—Until the 

22 President otherwise provides pursuant to section 856 of 

23 title 10, United States Code (article 56 of the Uniform 

24 Code of Military Justice), the punishment which a court25 martial may direct for an offense under section 920 of 
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1 such title (article 920 of the Uniform Code of Military 

2 Justice) may not exceed the following limits: 

3 (1) For aggravated sexual assault, such punish4 ment may not exceed dishonorable discharge, for5 feiture of pay and allowances, and confinement for 

6 life without eligibility for parole. 

7 (2) For sexual assault of a minor, such punish8 ment may not exceed dishonorable discharge, for9 feiture of all pay and allowances, and confinement 

10 for 30 years. 

11 (3) For sexual assault, such punishment may 

12 not exceed dishonorable discharge, forfeiture of all 

13 pay and allowances, and confinement for 20 years. 

14 (4) For sexual assault of a prisoner, such pun15 ishment may not exceed bad-conduct discharge, for16 feiture of all pay and allowances, and confinement 

17 for 15 years. 

18 (f) NO PREEMPTION.—The prosecution or punish19 ment of an accused for an offense under section 920 of 

20 title 10, United States Code (article 120 of the Uniform 

21 Code of Military Justice), does not preclude the prosecu22 tion or punishment of that accused for any other offense. 

23 SEC. 1012. STALKING. 

24 (a) STALKING.—Subchapter X of chapter 47 of title 

25 10, United States Code, is amended by inserting after sec-
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1 tion 928 (article 128 of the Uniform Code of Military Jus2 tice) the following: 

3 ‘‘§ 928a. Art. 128a. Stalking 

4 ‘‘(a) Any person subject to this chapter who know5 ingly— 

6 ‘‘(1) travels with the intent to kill, injure, har7 ass, or intimidate another person, and in the course 

8 of, or as a result of, such travel places that other 

9 person in reasonable fear of the death of, or serious 

10 bodily injury to, that other person, a member of the 

11 immediate family of that other person, or the spouse 

12 or intimate partner of that other person; or 

13 ‘‘(2) with the intent to kill or injure a person 

14 or to place a person in reasonable fear of the death 

15 of, or serious bodily injury to, that other person, a 

16 member of the immediate family of that other per17 son, or a spouse or intimate partner of that other 

18 person, uses mail, telephone or cellular telephone, 

19 electronic communication, or any facility of inter20 state or foreign commerce to engage in a course of 

21 conduct that places that person in reasonable fear of 

22 such a death or serious bodily injury, 

23 is guilty of stalking and shall be punished as a court-mar24 tial may direct.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of subchapter X of chapter 47 of title 

3 10, United States Code, is amended by inserting after the 

4 item relating to section 928 (article 128 of the Uniform 

5 Code of Military Justice) the following new item: 

‘‘928a. 128a. Stalking.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply with respect to offenses committed 

8 after the date of the enactment of this Act. 

9 (d) INTERIM MAXIMUM PUNISHMENTS.—Until the 

10 President otherwise provides pursuant to section 856 of 

11 title 10, United States Code (article 56 of the Uniform 

12 Code of Military Justice), the punishment which a court13 martial may direct for an offense under section 928a of 

14 such title (article 128a of the Uniform Code of Military 

15 Justice) may not exceed the following limits: 

16 (1) For a stalking if the death of the victim re17 sults, such punishment may not exceed dishonorable 

18 discharge, forfeiture of pay and allowances, and con19 finement for life without eligibility for parole. 

20 (2) For a stalking if permanent disfigurement 

21 or life threatening bodily injury to the victim results, 

22 such punishment may be twice that as provided in23 cluding dishonorable discharge, forfeiture of pay and 

24 allowances, and confinement for 30 years. 
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1 (3) For a stalking if serious bodily injury to the 

2 victim results or if the accused uses a dangerous 

3 weapon, such punishment may not exceed dishonor4 able discharge, forfeiture of all pay and allowances 

5 and confinement for 20 years. 

6 (4) For a stalking that involves an assault in7 volving domestic violence or family violence under 

8 section 928 of title 10, United States Code (article 

9 128 of the Uniform Code of Military Justice), such 

10 punishment may not exceed dishonorable discharge, 

11 forfeiture of all pay and allowances and confinement 

12 for 10 years. 

13 (e) NO PREEMPTION.—The prosecution or punish14 ment of an accused for an offense under section 928a of 

15 title 10, United States Code (article 128 of the Uniform 

16 Code of Military Justice), does not preclude the prosecu17 tion or punishment of that accused for any other offense. 

18 SEC. 1013. DOMESTIC VIOLENCE AND FAMILY VIOLENCE. 

19 (a) ASSAULT.—Section 928(b) of title 10, United 

20 States Code (article 128(b) of the Uniform Code of Mili21 tary Justice), is amended— 

22 (1) by striking ‘‘or’’ at the end of paragraph 

23 (1); 

24 (2) by inserting ‘‘or’’ at the end of paragraph 

25 (2); and 
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1 (3) by inserting after paragraph (2) the fol2 lowing new paragraph: 

3 ‘‘(3) commits an assault involving domestic vio4 lence or family violence;’’. 

5 (b) ASSAULT INVOLVING DOMESTIC VIOLENCE OR

6 FAMILY VIOLENCE DEFINED.—Such section is further 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(c) In this section, the term ‘assault involving do10 mestic violence or family violence’ means— 

11 ‘‘(1) an assault— 

12 ‘‘(A) with the intent to kill, injure, harass, 

13 or intimidate a spouse, intimate partner, or 

14 family member, or any other person related by 

15 consanguinity or affinity; 

16 ‘‘(B) in which the accused intentionally in17 flicts bodily harm with or without a weapon 

18 upon a spouse, former spouse, intimate partner, 

19 or family member, or any other person related 

20 by consanguinity or affinity; or 

21 ‘‘(C) in which the accused places a person 

22 in reasonable fear of imminent bodily injury to 

23 that person or to another person; 

24 ‘‘(2) a sexual assault; or 

25 ‘‘(3) any conduct in which the accused— 
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1 ‘‘(A) places a person in reasonable fear of 

2 imminent bodily injury to that person or to an3 other; 

4 ‘‘(B) harasses or intimidates a spouse, inti5 mate partner, or family member or person re6 lated by consanguinity or affinity, in the course 

7 of or as a result of which the accused commits 

8 a crime of violence against the spouse, intimate 

9 partner, or family member or person related by 

10 consanguinity or affinity; or 

11 ‘‘(C) uses force, coercion, duress, or fraud 

12 to facilitate, commit, or attempt to commit a 

13 crime of violence against a spouse, former 

14 spouse, intimate partner, or family member.’’. 

15 (c) EFFECTIVE DATE.— The amendments made by 

16 this section shall apply with respect to offenses committed 

17 after the date of the enactment of this Act. 

18 (d) INTERIM MAXIMUM PUNISHMENTS.—Until the 

19 President otherwise provides pursuant to section 856 of 

20 title 10, United States Code (article 56 of the Uniform 

21 Code of Military Justice), the punishment which a court22 martial may direct for an offense under subsection (b)(3) 

23 of section 928 of such title (article 128 of the Uniform 

24 Code of Military Justice) may not exceed the following 

25 limits: 
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1 (1) For an assault involving domestic violence 

2 or family violence if the death of the victim results, 

3 such punishment may not exceed dishonorable dis4 charge, forfeiture of pay and allowances, and con5 finement for life without eligibility for parole. 

6 (2) For an assault involving domestic violence 

7 or family violence if permanent disfigurement or life 

8 threatening bodily injury to the victim results, such 

9 punishment may be twice that as provided including 

10 dishonorable discharge, forfeiture of pay and allow11 ances, and confinement for 30 years. 

12 (3) For an assault involving domestic violence 

13 or family violence if serious bodily injury to the vic14 tim results or if the accused uses a dangerous weap15 on, such punishment may not exceed dishonorable 

16 discharge, forfeiture of all pay and allowances, and 

17 confinement for 20 years. 

18 (4) For an assault involving domestic violence 

19 or family violence, such punishment may not exceed 

20 dishonorable discharge, forfeiture of all pay and al21 lowances, and confinement for 10 years. 

22 (e) NO PREEMPTION.—The prosecution or punish23 ment of an accused for an offense under subsection (b)(3) 

24 of section 928 of title 10, United States Code (article 128 

25 of the Uniform Code of Military Justice), does not pre-
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1 clude the prosecution or punishment of that accused for 

2 any other offense. 

3 SEC. 1014. PROTECTIVE ORDERS. 

4 (a) ENFORCEMENT OF PROTECTIVE ORDERS.—Sec5 tion 892 of title 10, United States Code (article 92 of the 

6 Uniform Code of Military Justice), is amended— 

7 (1) by inserting ‘‘(a)’’ before ‘‘Any person’’; 

8 (2) by striking ‘‘or’’ at the end of paragraph 

9 (2); 

10 (3) by inserting ‘‘or’’ at the end of paragraph 

11 (3); 

12 (4) by inserting after paragraph (3) the fol13 lowing new paragraph: 

14 ‘‘(4) violates or fails to obey a no contact order 

15 or protective order;’’; and 

16 (5) by adding at the end of such section the fol17 lowing new subsection: 

18 ‘‘(b) In this section, the term ‘no contact order or 

19 protective order’ includes— 

20 ‘‘(1) a no contact order issued by a command 

21 or supervisor to a member to safeguard a spouse, 

22 former spouse, intimate partner, or family member 

23 of a member; 

24 ‘‘(2) a protection order as defined in section 

25 2266(5) of title 18; and 
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1 ‘‘(3) a protective order as defined in section 

2 1561a of this title.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to offenses committed 

5 after the date of the enactment of this Act. 

6 (c) NO PREEMPTION.—The prosecution or punish7 ment of an accused for an offense under subsection (a)(4) 

8 of section 892 of title 10, United States Code (article 92 

9 of the Uniform Code of Military Justice), does not pre10 clude the prosecution or punishment of that accused for 

11 any other offense. 

12 TITLE XI—VICTIM’S RIGHTS AND 

13 RESTITUTION 

14 SEC. 1101. MILITARY LAW ENFORCEMENT AND VICTIMS’

15 RIGHTS. 

16 (a) IN GENERAL.—As soon after an allegation of a 

17 domestic violence, sexual assault, family violence, or stalk18 ing offense as possible without interfering with an inves19 tigation or arrest, a representative of the military law en20 forcement agency that has responsibility for investigating 

21 the offense shall provide the victim with a multicopy form 

22 that includes the following: 

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

24 applicable rights to information to which the victim 

25 is entitled, on request, under this section; 
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1 (2) A means for the victim to designate a lawful 

2 representative selected by the victim. 

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

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

5 the Victims’ Rights and Restitution Act of 1990 

6 (42 U.S.C. 10606(b)), to be treated with fair7 ness, respect and dignity and to be free of in8 timidation, harassment, or abuse during the ju9 dicial process. 

10 (B) The availability of crisis intervention 

11 services and resources and medical services and, 

12 when applicable, that medical services arising 

13 out of the need to secure evidence may be reim14 bursed. 

15 (C) The procedures and resources available 

16 for the protection of the victim, including mili17 tary no contact orders or civilian protection or18 ders, Armed Forces Domestic Security Act as 

19 defined by Public Law 107–311, and Full Faith 

20 and Credit Provisions of the Violence Against 

21 Women Act as defined by section 2265 of title 

22 18, United States Code. 

23 (D) The names and telephone numbers of 

24 public and private assistance programs, includ25 ing victim compensation programs, transitional 
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1 compensation programs, and programs that 

2 provide counseling, treatment, shelter and sup3 port services. 

4 (E) The police report number, if available, 

5 other identifying information, and the following 

6 statement: ‘‘If within 30 days you are not noti7 fied of an arrest in your case, you may call (the 

8 military law enforcement agency’s telephone 

9 number) for information on the status of your 

10 case.’’. 

11 (F) Regardless of whether the suspect is 

12 an adult or a juvenile, a statement that the vic13 tim will be notified by military law enforcement 

14 of the arrest of the suspect. 

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

16 arrested, the victim will be informed of the sus17 pect’s release, of the scheduled time, place, and 

18 date for initial appearances and of the victim’s 

19 right to be heard, and to exercise these rights, 

20 the victim may contact the custodial agency re21 garding the suspect’s status or contact the com22 mand regarding any changes. 

23 (b) EFFECT OF EMOTIONAL STATUS OF VICTIM.— 

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

25 agency the victim is emotionally unable to request or waive 
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1 applicable rights, the military law enforcement agency 

2 shall designate this on the multicopy form and the entities 

3 that are subsequently affected shall presume that the vic4 tim invoked the applicable rights to which the victim is 

5 entitled, and, on request, the victim may later waive those 

6 rights. 

7 SEC. 1102. INCIDENT REPORTS. 

8 (a) IN GENERAL.—Military law enforcement agencies 

9 shall provide, without charging a fee, a copy of all incident 

10 report face sheets, reports, or both, to a victim of domestic 

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

12 the victim’s representative if the victim is deceased. 

13 (b) TIME FOR AVAILABILITY OF FACE SHEETS.—A 

14 copy of an incident report face sheet shall be made avail15 able during regular business hours to a victim or the vic16 tim’s representative no later than 48 hours after being re17 quested by the victim or the victim’s representative, unless 

18 the military law enforcement agency informs the victim 

19 or representative of the reasons why, for good cause, the 

20 face sheet is not available, in which case the face sheet 

21 shall be made available to the victim or representative no 

22 later than five working days after the request is made. 

23 (c) TIME FOR AVAILABILITY OF INCIDENT RE24 PORTS.—A copy of the incident report shall be made avail25 able during regular business hours to a victim or the vic-
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1 tim’s representative no later than five working days after 

2 being requested by a victim or representative, unless the 

3 military law enforcement agency informs the victim or rep4 resentative of the reasons why, for good cause, the inci5 dent report is not available, in which case the incident re6 port shall be made available to the victim or representative 

7 no later than 10 working days after the request is made. 

8 (d) IDENTIFICATION.—A person requesting copies 

9 under this section shall present military law enforcement 

10 with the person’s identification, such as a current, valid 

11 military identification card, driver’s license, State-issued 

12 identification card, or passport and, if the person is the 

13 victim’s representative, a certified copy of the death cer14 tificate or other satisfactory evidence of the death of the 

15 victim, at the time a request is made. An incident report 

16 may not be provided to a victim’s representative unless 

17 the representative presents such identification. 

18 (e) TIME DURATION.—This section applies to re19 quests for face sheets or reports made within five years 

20 from the date of completion of the incident report. 

21 (f) VICTIM’S REPRESENTATIVE DEFINED.— 

22 (1) For purposes of this section, the term ‘‘vic23 tim’s representative’’ means any of the following: 

24 (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 criminal statutes or the Uniform 

10 Code of Military Justice, or any person identified in 

11 the incident report as a suspect. 

12 SEC. 1103. VICTIM ADVOCATES AND VICTIMS’ RIGHTS. 

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

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

15 stalking may have a victim advocate, victim support liai16 son, victim counselor, or victim witness liaison present at 

17 any interview with the victim. 

18 (b) SUPPORT DURING PROCEEDINGS.—In all mili19 tary justice proceedings, a victim advocate or victim sup20 port liaison, victim counselor, or victim witness liaison, 

21 upon the request of the victim, shall be allowed to accom22 pany the victim during the proceedings to provide moral 

23 and emotional support. The victim advocate, victim coun24 selor, victim support liaison, or victim witness liaison shall 

25 be allowed to confer orally and in writing with the victim 
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1 in a reasonable manner. However, the victim advocate 

2 shall not provide legal advice or legal counsel to the victim. 

3 SEC. 1104. RESTITUTION. 

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

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

6 the following new section: 

7 ‘‘§ 1561b. Restitution 

8 ‘‘(a) In addition to any other civil, disciplinary, or 

9 criminal penalty authorized by law, the convening author10 ity shall order restitution for any offense specified in sec11 tion 920, 892(4), or 1561a of this title. 

12 ‘‘(b) SCOPE AND NATURE OF ORDER.— 

13 ‘‘(1) DIRECTIONS.—The order of restitution 

14 under this section shall direct the servicemember to 

15 pay the victim the full amount of the victim’s losses 

16 as determined by the convening authority pursuant 

17 to paragraph (2). 

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

19 under this section shall be issued and enforced in ac20 cordance with section 3664 of title 18 in the same 

21 manner as an order under section 3663A of that 

22 title. 

23 ‘‘(c) MANDATORY ORDER.— 

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

25 this section is mandatory. 
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1 ‘‘(2) The convening authority may not decline 

2 to issue an order under this section because of— 

3 ‘‘(A) the economic circumstances of the ac4 cused; or 

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

6 is entitled to receive, compensation for the vic7 tim’s injuries from the proceeds of insurance, 

8 transitional compensation, veterans benefits, or 

9 any other source. 

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

11 ‘‘(1) FULL AMOUNT OF THE VICTIM’S

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

13 losses’ includes any costs incurred by the victim 

14 for— 

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

16 psychiatric, or psychological care; 

17 ‘‘(B) physical and occupational therapy or 

18 rehabilitation; 

19 ‘‘(C) necessary transportation, temporary 

20 housing, and child care expenses; 

21 ‘‘(D) lost income; 

22 ‘‘(E) attorney’s fees, plus any costs in23 curred in obtaining a civil protective order; and 

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

25 as a proximate result of the offense or offenses. 
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1 ‘‘(2) VICTIM.—The term ‘victim’ means a per2 son harmed as a result of a commission of a crime 

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

4 who is under 18 years of age, incompetent, incapaci5 tated, or deceased, the legal guardian of the victim 

6 or representative of the victim’s estate, another fam7 ily member, or any other person appointed as suit8 able by a court, but in no event shall the accused be 

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

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

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 1561a the following new 

13 section: 

‘‘1561b. Restitution.’’. 

14 SEC. 1105. RECORDS OF MILITARY JUSTICE ACTIONS . 

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

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

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

18 new section (article): 

19 ‘‘§ 940a. Art. 140a. Military justice information: trans20 mission to Director of Federal Bureau of 

21 Investigation 

22 ‘‘Whenever a member of the armed forces is dis23 charged or dismissed from the armed forces or is released 

24 from active duty, the Secretary concerned shall transmit 

25 to the Director of the Federal Bureau of Investigation a 
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1 copy of records of any disciplinary action taken against 

2 the member during that period under this chapter, includ3 ing any nonjudicial punishment imposed under section 815 

4 of this title (article 15).’’. 

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

6 at the beginning of subchapter IX of chapter 47 of title 

7 10, United States Code, is amended by adding at the end 

8 the following new item: 

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

Bureau of Investigation.’’. 

9 SEC. 1106. TECHNICAL AMENDMENTS RELATING TO FATAL10 ITY REVIEW PANELS. 

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

12 Code, is amended— 

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

14 the Office of the Victims’ Advocate,’’ after ‘‘Sec15 retary of the Army’’; and 

16 (2) in subsection (c), by inserting ‘‘, in con17 sultation with the Office of the Victims’ Advocate,’’ 

18 after ‘‘Secretary of Defense’’. 

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

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

21 the Office of the Victims’ Advocate,’’ after ‘‘Sec22 retary of the Navy’’; and 
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1 (2) in subsection (c), by inserting ‘‘, in con2 sultation with the Office of the Victims’ Advocate,’’ 

3 after ‘‘Secretary of Defense’’. 

4 (c) AIR FORCE.—Section 9061 of such title is amend5 ed— 

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

7 the Office of the Victims’ Advocate,’’ after ‘‘Sec8 retary of the Air Force’’; and 

9 (2) in subsection (c), by inserting ‘‘, in con10 sultation with the Office of the Victims’ Advocate,’’ 

11 after ‘‘Secretary of Defense’’. 

12 SEC. 1107. ENHANCED CAPACITY OF THE DEPARTMENT OF 

13 DEFENSE FOR VICTIM SERVICES. 

14 (a) AWARDS AUTHORIZED.— 

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

16 acting through the Director of the Office of the Vic17 tims’ Advocate, may contract with eligible entities to 

18 enable the design, replication, and implementation of 

19 services for servicemembers, family members, or 

20 partners who experience domestic violence, family vi21 olence, sexual assault, or stalking. 

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

23 term ‘‘eligible entity’’ means a public or private, 

24 nonprofit or nongovernmental program the primary 

25 purpose of which is to provide services to victims of 
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1 domestic violence, sexual assault, or stalking. The 

2 entity may be— 

3 (A) a community-based organization spe4 cializing in intervention or violence prevention 

5 services for servicemembers, family members, or 

6 partners; 

7 (B) a nonprofit nongovernmental entity 

8 providing services primarily to servicemembers, 

9 family members, or partners who are victims of 

10 domestic violence, sexual assault, or stalking; 

11 (C) a nonprofit nongovernmental entity 

12 providing services for veterans; or 

13 (D) a nonprofit nongovernmental entity 

14 providing services to homeless individuals. 

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

16 pursuant to subsection (a) shall— 

17 (1) whenever possible, collaborate with existing 

18 services in the civilian community to provide appro19 priate victim services; 

20 (2) provide, when appropriate victim services 

21 are not available in the civilian community or are 

22 not accessible to servicemembers, family members or 

23 partners, services on installations or create services 

24 in collaboration with a community based organiza25 tion; 
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1 (3) develop and implement policies in the mili2 tary departments regarding appropriate, safe re3 sponse to, and identification and referral procedures 

4 for, servicemembers, family members or partners 

5 who are experiencing domestic violence, family vio6 lence, sexual assault or stalking, including proce7 dures for handling the requirements of arrest poli8 cies, criminal investigation procedures, and court 

9 protective orders that ensure the safety of the victim 

10 and hold the perpetrator accountable; 

11 (4) aid servicemembers, family members, or 

12 partners, including legal, medical, or psychological 

13 counseling, who are experiencing domestic violence, 

14 sexual assault, family violence, or stalking; 

15 (5) assist with the improvement of delivery of 

16 victim services for the military departments; 

17 (6) design or replicate, and implement, pro18 grams and services using domestic violence, family 

19 violence, sexual assault, and stalking intervention 

20 models to respond to the needs of servicemembers, 

21 family members, or partners who are victims of do22 mestic violence, sexual assault, family violence, or 

23 stalking; 

24 (7) provide the necessary human resources to 

25 respond to the needs of servicemembers, family 
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1 members, or partners who are experiencing domestic 

2 violence, sexual assault, family violence, or stalking, 

3 such as a resource person or liaison who is either 

4 on-site or on-call and who possesses demonstrated 

5 experience as a service provider to victims; 

6 (8) provide direct counseling and advocacy for 

7 servicemembers, family members, or partners who 

8 have experienced domestic violence, sexual assault, 

9 family violence, or stalking; 

10 (9) include linguistically and culturally appro11 priate services or linkages to existing services in the 

12 community tailored to the needs of the military com13 munity; 

14 (10) include counseling and mental health serv15 ices; 

16 (11) include legal advocacy efforts on behalf of 

17 servicemembers, family members, or partners with 

18 respect to domestic violence, sexual assault, family 

19 violence, or stalking; and 

20 (12) not use more than 25 percent of the fund21 ing to provide additional services and resources for 

22 servicemembers, family members, and partners in23 cluding childcare, transportation, education support, 

24 and respite care. 

25 (c) APPLICATION.— 
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1 (1) IN GENERAL.—Each eligible entity that de2 sires to receive a contract under this section shall 

3 submit to the Secretary an application at such time, 

4 in such manner, and containing such information as 

5 the Secretary may require, consistent with the re6 quirements specified in this section. 

7 (2) CONTENTS.—An application submitted 

8 under paragraph (1) shall— 

9 (A) include an outline and description of 

10 the activities to be undertaken to intervene and 

11 collaborate; 

12 (B) identify the members of the organiza13 tion who will be responsible for carrying out 

14 services; 

15 (C) ensure that communities or agencies 

16 affected by collaboration and service providers 

17 are adequately represented in the development 

18 of the application, and follow on activities to be 

19 undertaken, and that they have a significant 

20 role in evaluating the success of the project; 

21 (D) include documentation of any services 

22 or advocacy between military entities, domestic 

23 violence, family violence, sexual assault or stalk24 ing service providers, courts, law enforcement 
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1 agencies, community-based programs and other 

2 entities; 

3 (E) provide assurances that services and 

4 activities will be provided to all types of staff, 

5 will address appropriate practices for investiga6 tion, follow-up, screening, intake, assessment, 

7 and provision of services addressing the safety 

8 needs of victims of domestic violence, sexual as9 sault, family violence, or stalking; 

10 (F) describe how the collaboration activi11 ties will enhance or ensure the safety and secu12 rity of servicemembers, families and partners 

13 where domestic violence, family violence, sexual 

14 assault, or stalking occurs by providing appro15 priate resources, protection, and support to vic16 tims; 

17 (G) outline methods and means partici18 pating entities will use to ensure that all serv19 ices are provided in a linguistically and cul20 turally competent manner and will use commu21 nity-based supports and resources; and 

22 (H) outline the protocols, policies, and pro23 cedures participating entities will develop and 

24 adopt to ensure the confidentiality of victims. 
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1 (3) COLLABORATIVE PARTNERSHIPS.—The eli2 gible entity or service provider shall establish a part3 nership that— 

4 (A) provides appropriate referrals to com5 munity based domestic violence programs or 

6 sexual assault victim service providers with the 

7 capacity to support servicemembers, family 

8 members and partners who are victims of do9 mestic violence, sexual assault, family violence 

10 or stalking; provides legal assistance and advo11 cacy for victims of domestic violence, sexual as12 sault, family violence or stalking including, 

13 where appropriate, assistance in obtaining and 

14 entering orders of protection; 

15 (B) supports and training to assist mili16 tary entities in supporting servicemembers, 

17 family members or partners dealing with prob18 lems related to domestic violence, sexual as19 sault, family violence or stalking; 

20 (C) identifies, assesses and responds ap21 propriately to domestic violence, sexual assault, 

22 family violence, or stalking against 

23 servicemembers, family members, or partners; 

24 (D) provides appropriate resources in fam25 ily court matters to respond to domestic vio-
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1 lence, sexual assault, family violence or stalk2 ing; and 

3 (E) assures that necessary services dealing 

4 with physical and mental health of victims are 

5 available. 

6 The military installation commander must submit 

7 proof of collaboration with any existing nonprofit 

8 nongovernmental service provider for victims of do9 mestic violence, sexual assault, or stalking located in 

10 the region. 

11 (d) CONSIDERATIONS.—The Secretary, in awarding 

12 contracts under this section, shall— 

13 (1) ensure that such contracts are awarded on 

14 a competitive basis; 

15 (2) ensure, to the extent practicable, an equi16 table geographic distribution among the regions of 

17 the United States and among urban, suburban, and 

18 rural areas; and 

19 (3) give preference to applicants with strong 

20 ties to minority communities and those that dem21 onstrate high levels of cultural competence. 

22 (e) DURATION OF AWARDS.—A contract awarded 

23 under this section shall be for a period of three fiscal 

24 years. Such a contract may be renewed. 
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1 (f) AMOUNT.—Each award under this section shall 

2 be in an amount of not less than $5,000 per year and 

3 not more than $300,000 per year. 

4 (g) CONFIDENTIALITY.— 

5 (1) NONDISCLOSURE OF CONFIDENTIAL INFOR6 MATION OR PRIVATE INFORMATION.—In order to en7 sure the safety of victims of domestic violence, sex8 ual assault, or stalking and their families, a victim 

9 services provider under a contract under this section 

10 shall protect the confidentiality and privacy of per11 sons receiving services. The victim services provider 

12 may not disclose any personally identifying informa13 tion or individual information collected in connection 

14 with services requested, used, or denied through its 

15 programs. The victim services provider may not re16 veal individual client information without the in17 formed, written, reasonably time-limited consent of 

18 the person (or in the case of an unemancipated 

19 minor, the minor and the parent or guardian) about 

20 whom information is sought, whether for the victim 

21 service provider or any other Armed Forces, Tribal, 

22 Federal, State, or Territorial program. If release of 

23 such information is compelled by statutory or court 

24 mandate, the victim services provider shall make 

25 reasonable attempts to provide notice to victims af-
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1 fected by the disclosure of information. If such per2 sonally identifying information is or will be revealed, 

3 the victim services provider shall take steps nec4 essary to protect the privacy and safety of the per5 sons affected by the release of the information. The 

6 victim services provider may share non-personally 

7 identifying data in the aggregate regarding services 

8 to their clients and non-personally identifying demo9 graphic information in order to comply with Armed 

10 Forces, Tribal, Federal, State or Territorial report11 ing, evaluation, or data collection requirements. The 

12 victim services provider may share court-generated 

13 information contained in secure, governmental reg14 istries for protection order enforcement purposes. 

15 (2) PERSONALLY IDENTIFYING INFORMA16 TION.—In this section, the term ‘‘personally identi17 fying information’’ has the meaning given that term 

18 in section 1815(c) of title 10, United States Code, 

19 as added by section 101. 

20 (h) NONSUPPLANTATION.—Any Federal funds re21 ceived under this section shall be used to supplement, and 

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

23 be available for activities funded under this section. 
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1 (i) REPORTS.—An entity receiving an award under 

2 this section shall submit to the Secretary every 18 months 

3 a report that describes, at a minimum— 

4 (1) how the funds under the award were used; 

5 (2) the extent to which servicemembers, fami6 lies, and partners were served; 

7 (3) the adequacy of staff training and services 

8 to ensure that needs of servicemembers, family 

9 members, and partners, including transportation, 

10 and location; and 

11 (4) the existence of continuing barriers the enti12 ty faces to more fully addressing the needs of 

13 servicemembers, family members, and partners. 

14 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated for fiscal years 2005 

16 through 2009 for Operation and Maintenance, Defense17 Wide, the amount of $25,000,000 to carry out this sec18 tion. 

19 (k) AVAILABILITY.—Funds available under this sec20 tion shall remain available until expended. Of the amounts 

21 appropriated to carry out this section for any fiscal year, 

22 the Secretary— 

23 (1) may not use more than 5 percent for ad24 ministration, monitoring, and evaluation of contracts 

25 made available under this section; and 
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1 (2) shall use not less than 5 percent to provide 

2 technical assistance for programs funded under this 

3 section. 

4 TITLE XII—COUNSELING AND 

5 TREATMENT PROGRAMS OF 

6 DEPARTMENT OF VETERANS 

7 AFFAIRS 

8 SEC. 1201. PERMANENT AUTHORITY FOR COUNSELING AND 

9 TREATMENT OF VETERANS FOR SEXUAL 

10 TRAUMA. 

11 Section 1720D of title 38, United States Code, is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1), by striking ‘‘During 

15 the period through December 31, 2004, the 

16 Secretary’’ and inserting ‘‘The Secretary’’; and 

17 (B) in paragraph (2), by striking ‘‘, during 

18 the period through December 31, 2004’’; and 

19 (2) in subsection (b)— 

20 (A) in paragraph (1), by striking ‘‘estab21 lishment and’’; and 

22 (B) in paragraph (2), by striking ‘‘estab23 lishing a program’’ and inserting ‘‘operating a 

24 program.’’. 
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1 SEC. 1202. AUTHORITY TO OPERATE ADDITIONAL DEPART2 MENT OF VETERANS AFFAIRS CENTERS FOR 

3 MENTAL ILLNESS RESEARCH, EDUCATION, 

4 AND CLINICAL ACTIVITIES. 

5 Section 7320(b)(3) of title 38, United States Code, 

6 is amended by striking ‘‘five centers’’ and inserting ‘‘15 

7 centers’’. 

8 SEC. 1203. IMPROVEMENT OF PROGRAM FOR PROVISION 

9 OF SPECIALIZED MENTAL HEALTH SERVICES 

10 TO VETERANS. 

11 (a) INCREASE IN FUNDING.—Subsection (c) of sec12 tion 116 of the Veterans Millennium Health Care and 

13 Benefits Act (38 U.S.C. 1712A note) is amended— 

14 (1) in paragraph (1), by striking 

15 ‘‘$15,000,000’’ and inserting ‘‘$30,000,000 in each 

16 of fiscal years 2005, 2006, and 2007’’; 

17 (2) in paragraph (2), by striking 

18 ‘‘$15,000,000’’ and inserting ‘‘$30,000,000’’; and 

19 (3) in paragraph (3)— 

20 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

21 (B) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(B) For purposes of this paragraph, in fiscal 

24 years 2005, 2006, and 2007, the fiscal year used to 

25 determine the baseline amount shall be fiscal year 

26 2003.’’. 
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1 (b) ALLOCATION OF FUNDS.—Subsection (d) of such 

2 section is amended— 

3 (1) by striking ‘‘The Secretary’’ and inserting 

4 ‘‘(1) In each of fiscal years 2005, 2006, and 2007, 

5 the Secretary’’; and 

6 (2) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(2) In allocating funds to facilities in a fiscal year 

9 under paragraph (1), the Secretary shall ensure that— 

10 ‘‘(A) not less than $10,000,000 is allocated by 

11 direct grants to programs that are identified by the 

12 Mental Health Strategic Health Care Group and the 

13 Committee on Care of Severely Chronically Mentally 

14 Ill Veterans; 

15 ‘‘(B) not less than $5,000,000 is allocated for 

16 programs on post-traumatic stress disorder; 

17 ‘‘(C) not less than $5,000,000 is allocated for 

18 programs on substance abuse disorder; and 

19 ‘‘(D) not less than $5,000,000 is allocated for 

20 programs to address military sexual trauma experi21 enced by Reservists and National Guard members 

22 formerly called to active duty. 

23 ‘‘(3) The Secretary shall provide that the funds to 

24 be allocated under this section during each of fiscal years 

25 2005, 2006, and 2007 are funds for a special purpose pro-
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1 gram for which funds are not allocated through the Vet2 erans Equitable Resource Allocation system.’’. 

3 SEC. 1204. ENHANCEMENT OF READJUSTMENT COUN4 SELING SERVICES FOR RESERVE COMPO5 NENT MEMBERS. 

6 (a) ELIGIBILITY.—Section 1720D of title 38, United 

7 States Code, is amended— 

8 (1) in subsection (a)(1)— 

9 (A) by inserting ‘‘or reservists or guard 

10 members formerly called to active duty’’ after 

11 ‘‘veterans’’; and 

12 (B) by inserting ‘‘or reservist or guard 

13 member formerly called to active duty’’ after 

14 ‘‘veteran’’; 

15 (2) in subsection (b)(1), by inserting ‘‘or reserv16 ists or guard members formerly called to active 

17 duty’’ after ‘‘veteran’’; and 

18 (3) in subsection (c)— 

19 (A) by inserting ‘‘or reservists or guard 

20 members formerly called to active duty’’ after 

21 ‘‘veterans’’; and 

22 (B) in paragraph (3), by inserting ‘‘or re23 servists or guard members’’ after ‘‘service’’. 

24 (b) PERIOD OF ELIGIBILITY.—Subsection (a) of such 

25 section is amended by adding at the end the following new 
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1 section: ‘‘To be eligible to receive counseling under this 

2 subsection, a reservist or guard member must seek such 

3 counseling from the Secretary within five years after the 

4 date of discharge or release from active military, naval, 

5 or air service.’’. 

6 TITLE XIII—ENHANCEMENT OF 

7 TREATMENT SERVICES FOR 

8 PERPETRATORS 

9 SEC. 1301. ENHANCED CAPACITY OF THE DEPARTMENT OF 

10 DEFENSE FOR TREATMENT SERVICES FOR 

11 OFFENDERS. 

12 (a) AWARDS AUTHORIZED.— 

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

14 acting through the Undersecretary of Defense for 

15 Personnel and Readiness, may contract with eligible 

16 entities to enable the design, replication, and imple17 mentation of treatment services for members of the 

18 Armed Forces who perpetrate domestic violence, sex19 ual assault, or stalking. 

20 (2) DEFINITIONS.—In this section: 

21 (A) ELIGIBLE ENTITIES.—The term ‘‘eligi22 ble entity’’ means a public or private, nonprofit 

23 or nongovernmental program the primary pur24 pose of which is to provide treatment services to 
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1 perpetrators of domestic violence, sexual as2 sault, or stalking. The entity may be— 

3 (i) a community-based organization 

4 specializing in treatment and prevention 

5 services for military servicemembers or 

6 family members; 

7 (ii) a nonprofit nongovernmental enti8 ty providing services primarily to perpetra9 tors of domestic violence, sexual assault, 

10 family violence, or stalking; or 

11 (iii) a nonprofit nongovernmental enti12 ty providing treatment services for vet13 erans. 

14 (B) BATTERERS PROGRAM.—The term 

15 ‘‘batterers program’’ means a program ap16 proved or certified by a State that is operated 

17 by a public or not-for-profit organization for the 

18 purpose of providing battering prevention and 

19 educational services the goal of which is to help 

20 clients end abusive behaviors. Components of 

21 such a program shall include— 

22 (i) an educational instruction and 

23 group discussion model to provide informa24 tion about domestic violence, the illegality 

25 of domestic violence, and the responsibility 
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1 for and alternative choices to abusive be2 havior; 

3 (ii) a long-term group that helps end 

4 the violent behavior of its participants; and 

5 (iii) formal linkages to the local crimi6 nal justice systems and to area domestic 

7 violence services. 

8 (C) CLIENT.—The term ‘‘client’’ means a 

9 person who is referred to a batterers program 

10 by the Family Advocacy Program, by a criminal 

11 court of the jurisdiction, or by a State, local, or 

12 private organization or a person who is self-re13 ferred, and who is accepted by the batterer pro14 gram. 

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

16 pursuant to subsection (a) shall— 

17 (1) whenever possible, collaborate with existing 

18 services in the civilian community to provide appro19 priate treatment services; 

20 (2) when appropriate treatment services are not 

21 available in the civilian community or are not acces22 sible to servicemembers or family members, provide 

23 services on installations or create services in collabo24 ration with a community-based organization; 
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1 (3) develop and implement policies in the mili2 tary departments regarding appropriate identifica3 tion and referral procedures for servicemembers or 

4 family members who are perpetrating domestic vio5 lence, sexual assault, family violence, or stalking, in6 cluding procedures for handling the requirements of 

7 arrest policies, criminal investigation procedures, 

8 and court protective orders that ensure the safety of 

9 the victim and hold the perpetrator accountable; 

10 (4) aid servicemembers or family members, in11 cluding legal, medical, or psychological counseling, 

12 who are perpetrating domestic violence, sexual as13 sault, family violence, or stalking; 

14 (5) assist with the improvement of delivery of 

15 treatment services for the military departments; 

16 (6) design or replicate, and implement, pro17 grams and services using domestic violence, sexual 

18 assault, family violence, and stalking intervention 

19 models to respond to the needs of servicemembers or 

20 family members who are perpetrators of domestic vi21 olence, sexual assault, or stalking; 

22 (7) provide the necessary human resources to 

23 respond to the needs of servicemembers or family 

24 members who are perpetrating family violence, do25 mestic violence, sexual assault, or stalking, such as 
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1 a resource person or liaison who is either on-site or 

2 on-call and who possesses demonstrated experience 

3 as a service provider to perpetrators; 

4 (8) provide direct counseling and advocacy for 

5 servicemembers or family members who have per6 petrated domestic violence, sexual assault, family vi7 olence, or stalking; 

8 (9) include linguistically and culturally appro9 priate services or linkages to existing services in the 

10 community tailored to the needs of the military com11 munity; and 

12 (10) include counseling and mental health serv13 ices. 

14 (c) APPLICATION.— 

15 (1) IN GENERAL.—An eligible entity that de16 sires to receive a contract under this section shall 

17 submit to the Secretary an application at such time, 

18 in such manner, and containing such information as 

19 the Secretary may require, consistent with the re20 quirements specified in this section. 

21 (2) CONTENTS.—An application submitted 

22 under paragraph (1) shall include— 

23 (A) the population to be served; 

24 (B) the program objectives; 
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1 (C) the implementation plan for prevention 

2 and educational programs provided, including 

3 the educational instruction, group model, and 

4 the long-term group; 

5 (D) the reporting procedures designed to 

6 advise the referring agency of the client’s at7 tendance and participation in the program; 

8 (E) the annual budget of the program, in9 cluding information relative to any already es10 tablished programs and an assurance that fund11 ing under this section will not serve to sub12 stitute for any other funding ordinarily and 

13 customarily received by such organization in the 

14 provision of the programs; 

15 (F) the formal and established or proposed 

16 linkages to area domestic violence programs 

17 and to the local criminal justice system of the 

18 judiciary, probation, and police departments 

19 and the county or state attorney; 

20 (G) the existing community education com21 ponents of the program; 

22 (H) any other services proposed to be pro23 vided; and 

24 (I) any other information considered nec25 essary by the Secretary. 
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1 (3) CONSIDERATIONS.—The Secretary, in 

2 awarding contracts under this section, shall— 

3 (A) ensure that such contracts are award4 ed on a competitive basis; 

5 (B) ensure, to the extent practicable, an 

6 equitable geographic distribution among the re7 gions of the United States and among urban, 

8 suburban, and rural areas; 

9 (C) give preference to applicants with 

10 strong ties to minority communities and those 

11 that demonstrate high levels of cultural com12 petence; 

13 (D) ensure that planning, cooperation, and 

14 coordination with an existing domestic violence 

15 program, criminal justice system, and appro16 priate officials and services; 

17 (E) ensure that the program will not pro18 vide couple counseling or mediation; and 

19 (F) ensure that the batterers program 

20 shall have policies regarding— 

21 (i) referrals for those for whom a 

22 batterers program is not appropriate; 

23 (ii) suicide and homicide threats by 

24 clients; and 
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1 (iii) confidentiality, in accordance with 

2 standards prescribed by the Secretary. 

3 (d) TREATMENT STANDARDS.—The treatment pro4 gram must meet the following minimum standards: 

5 (1) All treatment must be based upon a full, 

6 complete clinical intake, including— 

7 (A) current and past violence history; 

8 (B) a lethality risk assessment; 

9 (C) a complete diagnostic evaluation; 

10 (D) a substance abuse assessment; 

11 (E) criminal history; 

12 (F) assessment of cultural issues, learning 

13 disabilities, literacy, and special needs; and 

14 (G) a treatment plan that adequately and 

15 appropriately addresses treatment needs of the 

16 individual. 

17 (2) To facilitate communication necessary for 

18 periodic safety checks and monitoring, the program 

19 must require the perpetrator to sign the following 

20 releases: 

21 (A) A release for the program to inform 

22 the victim and victims’ advocate that the perpe23 trator is in treatment with the plan to provide 

24 information, for safety purposes, to the victim 
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1 and victims’ advocate, community, and legal ad2 vocates. 

3 (B) A release to prior and current treat4 ment agencies to provide information on the 

5 perpetrator to the program. 

6 (C) A release for the program to provide 

7 information on the perpetrator to relevant legal 

8 entities, including lawyers, courts, parole, pro9 bation, protective services, and child welfare 

10 services. 

11 (D) A release for the program to provide 

12 information on the perpetrator to relevant mili13 tary entities, including command, Family Advo14 cacy Program, victim advocate, judge advocate, 

15 law enforcement, and criminal investigators. 

16 (3) Treatment must be for a minimum treat17 ment period established by the Secretary by regula18 tion. 

19 (4) Satisfactory completion of treatment must 

20 be contingent upon the perpetrator meeting specific 

21 criteria, defined by the Secretary, not just upon the 

22 end of a certain period of time or attendance of the 

23 perpetrator at a certain number of sessions. 

24 (5) The program must have a policy and proce25 dures for dealing with recidivism. 
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1 (6) The program must have a policy and proce2 dures for dealing with noncompliance. 

3 (7) All evaluation and treatment services must 

4 be provided by, and under the supervision of, quali5 fied personnel. 

6 (e) RULES AND REGULATIONS.—The Secretary may 

7 adopt rules and regulations to implement this section. 

8 (f) DURATION OF AWARDS.—A contract awarded 

9 under this section shall be for a period of three fiscal 

10 years. Such a contract may be renewed. 

11 (g) AMOUNT.—Each award under this section shall 

12 be in an amount of not less than $5,000 per year and 

13 not more than $300,000 per year. 

14 (h) NONSUPPLANTATION.—Any Federal funds re15 ceived under this section shall be used to supplement, and 

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

17 be available for activities funded under this section. 

18 (i) MATCHING FUNDS.—Nonprofit, nongovernmental 

19 treatment programs, receiving funds under this section 

20 shall not be required to provide matching funds as a condi21 tion of receiving an award. 

22 (j) REPORTS.—An entity receiving an award under 

23 this section shall submit to the Secretary every 18 months 

24 a report that describes, at a minimum— 

25 (1) how the funds under the award were used; 
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1 (2) the extent to which military personnel or 

2 families were served; 

3 (3) the adequacy of staff training and services 

4 to ensure that needs of servicemembers or family 

5 members, including transportation, and location; 

6 (4) the existence of continuing barriers the enti7 ty faces to more fully addressing the needs of 

8 servicemembers or family members; 

9 (5) pertinent and appropriate factors con10 cerning clients including age, education, income, em11 ployment, marital status, number of children and 

12 their ages, any substance abuse, and personal his13 tory of family violence; 

14 (6) the total number of clients referred to the 

15 program, and the referral source; 

16 (7) total number of persons determined to be 

17 inappropriate for services and reasons therefor; 

18 (8) the number of clients enrolled in the pro19 gram, the number completing the program, the num20 ber failing to complete the program, and reasons 

21 therefor; 

22 (9) the number of classes or group meetings; 

23 and 

24 (10) such other factors as the Secretary con25 siders necessary and appropriate. 
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•HR 5391 IH 

1 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated for fiscal years 2005 

3 through 2009 for Operation and Maintenance, Defense4 Wide, the amount of $10,000,000 to carry out this sec5 tion. 

6 (l) AVAILABILITY.—Funds available under this sec7 tion shall remain available until expended. Of the amounts 

8 appropriated to carry out this section for any fiscal year, 

9 the Secretary — 

10 (1) may not use more than 5 percent for ad11 ministration, monitoring, and evaluation of contracts 

12 made available under this section; and 

13 (2) shall use not less than 5 percent to provide 

14 technical assistance for programs funded under this 

15 section. 

16 TITLE XIV—PREVENTION AND 

17 INTERVENTION TRAINING IN 

18 THE DEPARTMENT OF DE19 FENSE 

20 SEC. 1401. PREVENTION AND INTERVENTION TRAINING 

21 AWARDS. 

22 (a) AWARDS AUTHORIZED.— 

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

24 acting through the Director of the Office of the Vic25 tims’ Advocate, shall award contracts under this sec-
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1 tion to eligible entities for the purposes of providing 

2 training and technical assistance to the Department 

3 of Defense relative to prevention of domestic vio4 lence, sexual assault, family violence, and stalking. 

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

6 ‘‘eligible entity’’ means an organization that is— 

7 (A) a public or nonprofit private organiza8 tion having demonstrated expertise in preven9 tion, intervention, developing community col10 laboration, and system response to domestic vi11 olence, sexual assault, family violence, and 

12 stalking; or 

13 (B) a community-based organization expe14 rienced in providing services to servicemembers, 

15 family members, or partners who experience do16 mestic violence, sexual assault, family violence, 

17 or stalking. 

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

19 pursuant to subsection (a) shall— 

20 (1) provide training in the dynamics of domes21 tic violence, sexual assault, family violence, and 

22 stalking, including safety, risk assessment, potential 

23 lethality, and appropriate interventions; 

24 (2) provide education programs for 

25 servicemembers, family members, or partners that 
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1 are linguistically and culturally appropriate and are 

2 designed to meet any unique needs of the population 

3 by adapting and implementing existing curricula; 

4 (3) provide media center materials and edu5 cational materials to the population that address the 

6 needs and concerns of servicemembers, family mem7 bers, or partners who experience domestic violence, 

8 sexual assault, or stalking and the impact of the vio9 lence by identifying, adapting, and disseminating ap10 propriate existing materials; and 

11 (4) conduct evaluations to assess the impact of 

12 programs and policies assisted under this section in 

13 order to enhance the development of those programs. 

14 (c) APPLICATION.— 

15 (1) IN GENERAL.—An eligible entity that de16 sires to receive a contract under this section shall 

17 submit to the Secretary an application at such time, 

18 in such manner, and containing such information as 

19 the Secretary may require, consistent with the re20 quirements described in this section. 

21 (2) CONTENT.—An application submitted pur22 suant to paragraph (1) shall— 

23 (A) outline and describe how training and 

24 other activities will be undertaken to promote 

25 prevention, intervention, and collaboration; 
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1 (B) identify the members of the organiza2 tion who will be responsible for carrying out the 

3 training; 

4 (C) ensure that communities or agencies 

5 affected by the training are adequately rep6 resented in the development of the application, 

7 training, and follow on activities to be under8 taken and that they have a significant role in 

9 evaluating the success of the project; 

10 (D) include documentation of any history 

11 of training between military entities, domestic 

12 violence, sexual assault, or stalking service pro13 viders, courts, law enforcement agencies, com14 munity-based programs, and other entities; 

15 (E) provide assurances that training and 

16 other activities will be provided to all types of 

17 staff, will address appropriate practices for in18 vestigation, follow-up, screening, intake, assess19 ment, and provision of services addressing the 

20 safety needs of victims of domestic violence, 

21 sexual assault, family violence, or stalking; 

22 (F) describe how the training and activities 

23 will enhance or ensure the safety and security 

24 of servicemembers, families, and partners where 

25 both domestic violence and sexual assault oc-
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1 curs by providing appropriate resources, protec2 tion, and support to victims; 

3 (G) outline methods and means partici4 pating entities will use to ensure that all serv5 ices are provided in a linguistically and cul6 turally competent manner and will use commu7 nity-based supports and resources; and 

8 (H) outline the protocols, policies, and pro9 cedures participating entities will develop and 

10 adopt to ensure the confidentiality of victims. 

11 (d) CONSIDERATIONS.—The Secretary, in awarding 

12 contracts under this section, shall— 

13 (1) ensure that contracts are awarded on a 

14 competitive basis; 

15 (2) ensure, to the extent practicable, an equi16 table geographic distribution among the regions of 

17 the United States and among urban, suburban, and 

18 rural areas; and 

19 (3) give preference to applicants with strong 

20 ties to minority communities and those that dem21 onstrate high levels of cultural competence. 

22 (e) DURATION OF AWARDS.—The Secretary shall 

23 make the awards under this section for a period of one 

24 year. The awards may be renewed. 
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1 (f) AWARD AMOUNTS.—Each award under this sec2 tion shall be in an amount of not less than $2,500 per 

3 year and not more than $20,000 per year. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated for fiscal years 2005 

6 through 2009 for Operation and Maintenance, Defense7 Wide, the amount of $200,000 to carry out this section. 

8 (h) AVAILABILITY.—Funds available under this sec9 tion shall remain available until expended. Of the amounts 

10 appropriated to carry out this section for any fiscal year, 

11 the Secretary— 

12 (1) may not use more than 5 percent for ad13 ministration, monitoring, and evaluation of contracts 

14 made available under this section; and 

15 (2) shall use not less than 5 percent to provide 

16 technical assistance for programs funded under this 

17 section. 

18 (i) MATCHING FUNDS.—A nonprofit, nongovern19 mental victim services program receiving funds under this 

20 section shall not be required to provide matching funds 

21 as a condition of receiving grant awards. 

22 (j) REPORTS.—An entity receiving funds under this 

23 section shall submit to the Secretary a report that de24 scribes, at a minimum— 
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1 (1) how the funds under the program were 

2 used, including the extent to which military per3 sonnel, family members, or partners were served; 

4 (2) the adequacy of staff training and services 

5 to ensure that the needs of servicemembers, family 

6 members, or partners, including transportation and 

7 location; and 

8 (3) the existence of continuing barriers the enti9 ty faces to more fully addressing the needs of 

10 servicemembers, family members, or partners. 

11 (k) AVAILABILITY.—Funds available under this sec12 tion shall remain available until expended. Of the amounts 

13 appropriated to carry out this section for any fiscal year, 

14 the Secretary— 

15 (1) may not use more than 3 percent for eval16 uation, monitoring, site visits, conferences, and other 

17 administrative costs associated with conducting ac18 tivities under this section; 

19 (2) shall use not less than 20 percent for pro20 grams addressing domestic violence and sexual as21 sault that are operated by, or in partnership with, 

22 civilian victim services; and 

23 (3) shall use not less than 10 percent for tech24 nical assistance and training to be provided by orga25 nizations having demonstrated expertise in devel-
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1 oping collaborative community and system responses 

2 to domestic violence, sexual assault, and stalking. 

3 Technical assistance and training under paragraph (3) 

4 may be offered to the elements of the Armed Forces, in5 stallations, or commands in the process of developing com6 munity responses, whether they are receiving funds under 

7 this section or not. 

8 TITLE XV—RESEARCH ON PREV9 ALENCE, NEEDS ASSESS10 MENT, SERVICES, AND AC11 COUNTABILITY 

12 SEC. 1501. RESEARCH ON SEXUAL ASSAULT IN THE ARMED 

13 FORCES. 

14 (a) IN GENERAL.—The Secretary of Defense, in con15 junction with the Bureau of Justice Statistics of the De16 partment of Justice, shall carry out a comprehensive 36- 

17 month research study that involves the collection and anal18 ysis of data on the prevalence and nature of sexual assault 

19 in the Armed Forces. The research study shall include the 

20 identification of the common characteristics of— 

21 (1) both victims and perpetrators of sexual as22 sault; and 

23 (2) the situations and environments in which 

24 sexual assault occurs. 
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1 (b) CONSIDERATIONS.—In carrying out subsection 

2 (a), the Secretary shall consider— 

3 (1) a definition of sexual assault that encom4 passes behavior based patterns for the purposes of 

5 the research study; 

6 (2) how the Secretary should collect information 

7 about sexual assault; 

8 (3) how the Secretary should collect information 

9 beyond self-reports of sexual assault; 

10 (4) how the Secretary should adjust the data in 

11 order to account for differences between service 

12 branches, installations, deployed, training, and non13 deployed units, and individual respondents; and 

14 (5) the categorization of branches, installations, 

15 and units. 

16 (c) SOLICITATION OF VIEWS.—The Secretary shall 

17 solicit views from representatives of the following: 

18 (1) The National Institute of Justice. 

19 (2) The Office of Violence Against Women. 

20 (3) The Centers for Disease Control and Pre21 vention and Women’s Health Office. 

22 (4) The Army, the Navy, the Air Force, the 

23 Marine Corps, and the Coast Guard. 

24 (5) Retired military personnel. 

25 (6) Victim advocates. 
206 

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1 (7) Sex offender behavior specialists. 

2 (8) Researchers. 

3 (9) Other experts in the area of sexual assault. 

4 (d) SAMPLING TECHNIQUES.—The research study 

5 under this section shall be conducted with random sam6 ples, or other scientifically appropriate samples, of men 

7 and women who are actively serving in each of the Armed 

8 Forces. 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 (e) SURVEYS.—In carrying out the research study 

15 under subsection (a), the Secretary shall, in addition to 

16 such other methods as the Secretary considers appro17 priate, use surveys of current or former military personnel 

18 from all services. In addition to the samples of military 

19 personnel, surveys shall be conducted with a probability20 based comparison sample of men and women who are de21 mographically similar to the survey population. The data 

22 collected from the military and non-military samples shall 

23 be weighted to adjust for possible differences between the 

24 samples and the frames from which they were sampled 
207 

•HR 5391 IH 

1 and to compensate for any observed differential non2 response among sample members. 

3 (f) PROTECTION OF HUMAN SUBJECTS.—The Sec4 retary shall ensure the confidentiality of each survey par5 ticipant. The Secretary shall adopt protocols for the pro6 tection of human subjects in consultation with the Na7 tional Institute of Justice and the Centers for Disease 

8 Control and Prevention. 

9 (g) PARTICIPATION IN SURVEY.—All military instal10 lations that receive a request from the Secretary shall par11 ticipate in the survey and provide access to any military 

12 personnel serving on the installation. 

13 (h) DATA ANALYSIS AND REPORTING.—Once data 

14 have been collected and weighted, appropriate analyses 

15 shall be conducted in an effort to generate findings that 

16 will help policy makers understand the extent and nature 

17 of sexual assault within the Armed Forces, prevention 

18 strategies, and needs of the victims of sexual assault. The 

19 report shall include the following: 

20 (1) The incidence and prevalence of sexual as21 sault involving members of the Armed Forces. 

22 (2) A discussion of the legal, judicial, non23 judicial, and rehabilitative responses to sexual as24 sault and how those responses vary across the serv25 ices. 
208 

•HR 5391 IH 

1 (3) The extent to which such responses are ef2 fective at ensuring victim safety, requiring offender 

3 accountability, and imposing sanctions on the of4 fender. 

5 (4) A review of the availability, accessibility, 

6 and effectiveness at increasing victim safety within 

7 the existing prevention and intervention programs 

8 available to military personnel, families, and part9 ners. 

10 (5) Recommendations for a comprehensive De11 partment of Defense strategy to prevent and inter12 vene in cases of sexual assault, to include rec13 ommendations on improvements in administrative, 

14 criminal, health care, and social service responses to 

15 sexual assault and recommendations for the im16 provement of data collection, reporting, professional 

17 training, and judicial outcomes to sexual assault. 

18 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $4,000,000 to conduct 

20 the research study beginning in fiscal year 2005 and end21 ing in fiscal year 2008. 
209 

•HR 5391 IH 

1 SEC. 1502. RESEARCH ON INSTITUTIONAL PROCEDURES 

2 FOR REPORTING SEXUAL ASSAULTS IN THE 

3 ARMED FORCES. 

4 (a) STUDY REQUIRED.—The Secretary of Defense, in 

5 consultation with the Attorney General, shall provide for 

6 a study to examine procedures undertaken after a military 

7 official receives a report of sexual assault. 

8 (b) MATTERS TO BE INCLUDED.—The study re9 quired by subsection (a) shall include an analysis of— 

10 (1) the existence and publication of the Armed 

11 Forces definition of sexual assault; 

12 (2) the existence and publication of the Armed 

13 Forces policy for sexual assaults; 

14 (3) the individuals to whom reports of sexual 

15 assault are given most often and— 

16 (A) how those individuals are trained to re17 spond to such reports; and 

18 (B) the extent to which those individuals 

19 are trained; 

20 (4) the reporting options that are articulated to 

21 the victim or victims of sexual assault regarding— 

22 (A) on base or post reporting and proce23 dure options; and 

24 (B) off base or post reporting and proce25 dure options; 
210 

•HR 5391 IH 

1 (5) the resources available for victims’ safety, 

2 support, medical health, and confidentiality, includ3 ing— 

4 (A) how well the resources are articulated, 

5 both specifically to the victim of sexual assault 

6 and generally to the military community at 

7 large; and 

8 (B) the security of the resources in terms 

9 of confidentiality or reputation; 

10 (6) policies and practices that may prevent or 

11 discourage the report of military sexual assaults to 

12 local crime authorities or that may otherwise ob13 struct justice or interfere with the prosecution of 

14 perpetrators of military sexual assaults; 

15 (7) policies and procedures found successful in 

16 aiding the report and any ensuing investigation or 

17 prosecution of a military sexual assault; 

18 (8) the on base or post procedures for inves19 tigating and disciplining the perpetrator of a sexual 

20 assault, including— 

21 (A) the format for collecting evidence; and 

22 (B) the format of the investigation and 

23 disciplinary proceeding, including the command 

24 or command representative responsible for run25 ning the disciplinary procedure and the persons 
211 

•HR 5391 IH 

1 allowed to attend the disciplinary procedure; 

2 and 

3 (9) the types of punishment for offenders, in4 cluding— 

5 (A) whether the case is directed outside 

6 the military for punishment; and 

7 (B) how the military disciplines perpetra8 tors. 

9 (c) REPORT TO CONGRESS.—The Secretary shall 

10 submit to Congress a report on the study required by sub11 section (a) not later than October 1, 2005. 

12 (d) MILITARY SEXUAL ASSAULT DEFINED.—For 

13 purposes of this section, the term ‘‘military sexual as14 sault’’ means— 

15 (1) sexual assault occurring at a military instal16 lation; and 

17 (2) sexual assault (regardless of where occur18 ring) that is committed by or against a member of 

19 the Armed Forces or an officer or employee of the 

20 Department of Defense or a contractor for the De21 partment of Defense. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $1,000,000 for fiscal year 2005. 
212 

•HR 5391 IH 

1 SEC. 1503. RESEARCH ON DOMESTIC VIOLENCE ASSOCI2 ATED WITH THE ARMED FORCES. 

3 (a) STUDY REQUIRED.—The Secretary of Defense, in 

4 conjunction with the National Institute of Justice of the 

5 Department of Justice and the Centers for Disease Con6 trol and Prevention of the Department of Health and 

7 Human Services, shall carry out a comprehensive, 24- 

8 month research study that involves the collection and anal9 ysis of data on the prevalence and nature of intimate part10 ner violence in the Armed Forces. The research study shall 

11 include the identification of— 

12 (1) the common characteristics of victims and 

13 perpetrators of domestic violence; 

14 (2) the situations and environments in which 

15 domestic violence occurs; and 

16 (3) the affect of deployments, duty stations, 

17 combat service, and veteran and active duty status 

18 on domestic violence. 

19 (b) MATTERS TO BE INCLUDED.—In carrying out 

20 subsection (a), the Secretary shall consider— 

21 (1) how domestic violence should be defined for 

22 the purposes of the research study; 

23 (2) how the Department should collect informa24 tion about domestic violence; 

25 (3) how the Department should collect informa26 tion beyond self-reports of domestic violence; 
213 

•HR 5391 IH 

1 (4) how the Department should adjust the data 

2 in order to account for differences among the serv3 ices, different installations, and individual respond4 ents; and 

5 (5) the categorization of deployments, combat 

6 experience, active duty, reserve, guard, veteran sta7 tus, military bases or branches. 

8 (c) SOLICITATION OF VIEWS.—In carrying out sub9 section (a), the Secretary shall consult with representa10 tives of the following: 

11 (1) The National Institute of Justice. 

12 (2) The Bureau of Justice Statistics. 

13 (3) The Office of Violence Against Women of 

14 the Department of Justice. 

15 (4) The Centers for Disease Control and Pre16 vention of the Department of Health and Human 

17 Services. 

18 (5) The Army, the Navy, the Air Force, the 

19 Marine Corps, and the Coast Guard. 

20 (6) Victim advocates. 

21 (7) Researchers. 

22 (8) Other experts in the area of domestic vio23 lence. 

24 (d) SAMPLING TECHNIQUES.—The research study 

25 under subsection (a) shall be conducted with random sam-
214 

•HR 5391 IH 

1 ples, or other scientifically appropriate samples, of men 

2 and women who are actively serving in each branch of the 

3 military and family members. The selection shall include 

4 enough men and women so the data that are collected are 

5 representative of men and women in each branch and com6 parisons can be made across several broad subgroup cat7 egories, such as age, race, rank, and tenure in the mili8 tary. 

9 (e) SURVEYS.—In carrying out the research study 

10 under subsection (a), the Secretary shall, in addition to 

11 such other methods as the Secretary considers appro12 priate, use surveys of current or former military personnel 

13 and families, or both current and former members and 

14 families, from all branches of the Armed Forces. In addi15 tion to the samples of military personnel, surveys shall be 

16 conducted with a probability-based comparison sample of 

17 family members. Surveys shall also be conducted with a 

18 probability-based comparison sample who are demographi19 cally similar to the survey population. The data collected 

20 from the military and non-military samples shall be 

21 weighted to adjust for possible differences between the 

22 samples and the frames from which they were sampled 

23 and to compensate for any observed differential non24 response among sample members. 
215 

•HR 5391 IH 

1 (f) PROTECTION OF HUMAN SUBJECTS.—The Sec2 retary shall ensure the confidentiality of each survey par3 ticipant. The Department shall adopt protection of human 

4 subject protocols in consultation with the National Insti5 tute of Justice and the Centers for Disease Control and 

6 Prevention. 

7 (g) PARTICIPATION IN SURVEY.—All military instal8 lations that receive a request from the Department shall 

9 participate in the survey and provide access to any mili10 tary personnel serving on the installation. 

11 (h) DATA ANALYSIS AND REPORTING.—Once data 

12 have been collected and weighted, appropriate analyses 

13 shall be conducted in an effort to generate findings that 

14 will help policy makers understand the extent and nature 

15 of domestic violence within the Armed Forces, prevention, 

16 intervention and response, and needs of victims of domes17 tic violence. The report shall include the following: 

18 (1) The incidence and prevalence of domestic 

19 violence involving members of the Armed Forces. 

20 (2) A discussion of the legal, judicial, non21 judicial, and rehabilitative responses to domestic vio22 lence and how they vary across the services. 

23 (3) The extent to which such responses are ef24 fective at ensuring victim safety, requiring offender 
216 

•HR 5391 IH 

1 accountability, and imposing sanctions on the of2 fender. 

3 (4) A review of the availability, accessibility, 

4 and effectiveness at increasing victim safety within 

5 the existing prevention and intervention programs 

6 available to military personnel and families. 

7 (5) Recommendations for a comprehensive De8 partment of Defense strategy to prevent and inter9 vene in cases of domestic violence, to include rec10 ommendations on improvements in administrative, 

11 criminal, health care, and social service responses to 

12 sexual assault and recommendations for the im13 provement of data collection, reporting, professional 

14 training, and judicial outcomes to domestic violence. 

15 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated $3,000,000 to conduct 

17 the research study beginning in fiscal year 2005 and end18 ing in fiscal year 2007. 

19 SEC. 1504. RESEARCH ON INSTITUTIONAL PROCEDURES 

20 FOR REPORTING DOMESTIC VIOLENCE IN 

21 THE ARMED FORCES. 

22 (a) STUDY REQUIRED.—The Secretary of Defense, in 

23 consultation with the Attorney General, shall provide for 

24 a study to examine procedures undertaken after a military 
217 

•HR 5391 IH 

1 official receives a report of domestic violence, family vio2 lence, or intimate partner violence. 

3 (b) MATTERS TO BE INCLUDED.—The study re4 quired by subsection (a) shall include an analysis of— 

5 (1) the existence and publication of the Depart6 ment of Defense definitions of domestic violence, 

7 family violence, and intimate partner violence; 

8 (2) the existence and publication of the Depart9 ment of Defense policy with respect to domestic vio10 lence, family violence, and intimate partner violence; 

11 (3) the individuals to whom reports of domestic 

12 violence, family violence, and intimate partner vio13 lence are given most often and— 

14 (A) how those individuals are trained to re15 spond to such reports; and 

16 (B) the extent to which those individuals 

17 are trained; 

18 (4) the reporting options that are articulated to 

19 the victim or victims of domestic violence, family vio20 lence, or intimate partner violence regarding— 

21 (A) on base or post reporting and proce22 dure options; and 

23 (B) off base or post reporting and proce24 dure options; 
218 

•HR 5391 IH 

1 (5) the resources available for victims’ safety, 

2 support, medical health, and confidentiality, includ3 ing— 

4 (A) how well the resources are articulated, 

5 both specifically to the victim of domestic vio6 lence, family violence, or intimate partner vio7 lence and generally to the military community 

8 at large; and 

9 (B) the security of the resources in terms 

10 of confidentiality or reputation; 

11 (6) policies and practices that may prevent or 

12 discourage the report of domestic violence, family vi13 olence or intimate partner violence involving Armed 

14 Forces personnel to local crime authorities, or that 

15 may otherwise obstruct justice or interfere with the 

16 prosecution of perpetrators of domestic violence, 

17 family violence, or intimate partner violence involv18 ing Armed Forces personnel; 

19 (7) policies and procedures found successful in 

20 aiding the report and any ensuing investigation or 

21 prosecution of a domestic violence, family violence, 

22 or intimate partner violence involving Armed Forces 

23 personnel; 

24 (8) the on base or post procedures for inves25 tigating and disciplining the perpetrator of a domes-
219 

•HR 5391 IH 

1 tic violence, family violence, or intimate partner vio2 lence, including— 

3 (A) the format for collecting evidence; and 

4 (B) the format of the investigation and 

5 disciplinary proceeding, including the command 

6 or command representative responsible for run7 ning the disciplinary procedure and the persons 

8 allowed to attend the disciplinary procedure; 

9 and 

10 (9) types of punishment for offenders, includ11 ing— 

12 (A) whether the case is directed outside 

13 the military for punishment; and 

14 (B) how the military disciplines perpetra15 tors. 

16 (c) REPORT TO CONGRESS.—A report of the study 

17 required by subsection (a) shall be submitted to Congress 

18 not later than October 1, 2005. 

19 (d) DEFINITIONS.—For purposes of this section, the 

20 terms ‘‘domestic violence’’, ‘‘family violence’’, and ‘‘inti21 mate partner violence’’ mean an incidence of such vio22 lence— 

23 (1) that occurs at a military installation; or 

24 (2) regardless of where occurring, that is com25 mitted by or against a member of the Armed Forces 
220 

•HR 5391 IH 

1 or an officer or employee of the Department of De2 fense. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $1,000,000 for fiscal year 2005. 

6 SEC. 1505. RESEARCH ON DATING VIOLENCE ASSOCIATED 

7 WITH THE ARMED FORCES. 

8 (a) STUDY REQUIRED.—The National Institute of 

9 Justice of the Department of Justice (referred to in this 

10 section as the ‘‘Institute’’) shall carry out a comprehen11 sive, 12-month research study that involves the collection 

12 and analysis of data on the prevalence and nature of inti13 mate partner violence, including dating violence and vio14 lence among former spouses or partners who are cohab15 iting with or have cohabited with members of the Armed 

16 Forces. 

17 (b) MATTERS TO BE INCLUDED.—The research 

18 study shall include the identification of the common char19 acteristics of— 

20 (1) both victims and perpetrators of intimate 

21 partner violence; 

22 (2) the situations and environments in which 

23 intimate partner violence occurs; and 
221 

•HR 5391 IH 

1 (3) the effect of deployments, duty stations, 

2 combat service, veteran, reserve or active duty or 

3 combat status. 

4 (c) CONSIDERATIONS.—In carrying out subsection 

5 (a), the Institute shall consider— 

6 (1) how intimate partner violence should be de7 fined for the purposes of the research study; 

8 (2) how the Institute should collect information 

9 about intimate partner violence in the Armed 

10 Forces; 

11 (3) how the Institute should collect information 

12 beyond self-reports of intimate partner violence; 

13 (4) how the Institute should adjust the data in 

14 order to account for differences between the services, 

15 installations, and individual respondents; and 

16 (5) the categorization of deployments, combat, 

17 active duty, reserve, guard, veteran status, service 

18 branches or installations. 

19 (d) SOLICITATION OF VIEWS.—In carrying out sub20 section (a), the Institute shall consult with representatives 

21 of the following: 

22 (1) The Department of Defense. 

23 (2) The Bureau of Justice Statistics of the De24 partment of Justice. 
222 

•HR 5391 IH 

1 (3) The Centers for Disease Control and Pre2 vention of the Department of Health and Human 

3 Services. 

4 (4) The Army, the Navy, the Air Force, the 

5 Marine Corps, and the Coast Guard. 

6 (5) Victim advocates. 

7 (6) Researchers. 

8 (7) Other experts in the area of intimate part9 ner violence. 

10 (e) SAMPLING TECHNIQUES.—The research study 

11 under subsection (a) shall be conducted with random sam12 ples, or other scientifically appropriate samples, of men 

13 and women who are actively serving in each branch of the 

14 Armed Forces and family members. The selection shall in15 clude enough men and women so the data that are col16 lected are representative of men and women in each 

17 branch and comparisons can be made across several broad 

18 subgroup categories, such as age, race, rank and tenure 

19 in the military. 

20 (f) SURVEYS.—In carrying out the research study 

21 under subsection (a), the Institute shall, in addition to 

22 such other methods as the Institute considers appropriate, 

23 use surveys of current and/or former military personnel 

24 and families from all branches of the military. In addition 

25 to the samples of military personnel, surveys shall also be 
223 

•HR 5391 IH 

1 conducted with a probability-based comparison sample 

2 who are demographically similar to the survey population. 

3 The data collected from the military and non-military 

4 samples shall be weighted to adjust for possible differences 

5 between the samples and the frames from which they were 

6 sampled, and to compensate for any observed differential 

7 nonresponse among sample members. 

8 (g) PROTECTION OF HUMAN SUBJECTS.—The Insti9 tute shall ensure the confidentiality of each survey partici10 pant. The Institute shall adopt protection of human sub11 ject protocols. 

12 (h) PARTICIPATION IN SURVEY.—All military instal13 lations that receive a request from the Institute shall par14 ticipate in the survey and provide access to any military 

15 personnel serving on the installation. 

16 (i) DATA ANALYSIS AND REPORTING.—Once data 

17 have been collected and weighted, appropriate analyses 

18 shall be conducted in an effort to generate findings that 

19 will help policy makers understand the extent and nature 

20 of intimate violence within the Armed Forces, prevention, 

21 intervention and response, and needs of victims of inti22 mate partner violence. The report shall contain the fol23 lowing: 
224 

•HR 5391 IH 

1 (1) The incidence and prevalence of intimate 

2 partner violence involving members of the Armed 

3 Forces. 

4 (2) A discussion of the prevention and interven5 tion available to intimate partners of members of the 

6 Armed Forces. 

7 (3) A discussion of the legal, judicial, non8 judicial, and rehabilitative responses to intimate 

9 partner violence and how those responses vary 

10 across the services. 

11 (4) The extent to which such responses are ef12 fective at ensuring victim safety, requiring offender 

13 accountability, and imposing sanctions on the of14 fender. 

15 (5) A review of the availability, accessibility, 

16 and effectiveness at increasing victim safety within 

17 the existing prevention and intervention programs 

18 available to victim/active duty member or victim/ci19 vilian. 

20 (6) Recommendations for a comprehensive De21 partment of Defense strategy to prevent and inter22 vene in cases of intimate partner violence, to include 

23 recommendations on improvements in administra24 tive, criminal, health care, and social service re25 sponses to intimate partner violence and rec-
225 

•HR 5391 IH 

1 ommendations for the improvement of data collec2 tion, reporting, professional training, and judicial 

3 outcomes to intimate partner violence. 

4 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated $300,000 to conduct the 

6 research study commencing in fiscal year 2005. 

7 SEC. 1506. RESEARCH ON SEXUAL VIOLENCE PER8 PETRATED UPON CIVILIANS. 

9 (a) STUDY REQUIRED.—The Bureau of Justice Sta10 tistics of the Department of Justice (referred to in this 

11 section as the ‘‘Bureau’’) shall carry out a comprehensive, 

12 24-month research study that involves the collection and 

13 analysis of data on the prevalence and nature of sexual 

14 assault in the Armed Forces. The research study shall in15 clude the identification of the common characteristics of— 

16 (1) both civilian victims and perpetrators of 

17 sexual assault; and 

18 (2) the situations and environments in which 

19 sexual assault occurs. 

20 (b) CONSIDERATIONS.—In carrying out subsection 

21 (a), the Bureau shall consider— 

22 (1) a definition of sexual assault which encom23 passes behavioral based patterns for the purposes of 

24 the research study; 
226 

•HR 5391 IH 

1 (2) how the Bureau should collect information 

2 about sexual assault; 

3 (3) how the Bureau should collect information 

4 beyond self-reports of sexual assault; 

5 (4) how the Bureau should adjust the data in 

6 order to account for differences between service 

7 branches, installations, deployed, training and non8 deployed units and individual respondents; and 

9 (5) the categorization of branches, installations 

10 and units. 

11 (c) SOLICITATION OF VIEWS.—In carrying out sub12 section (a), the Bureau shall solicit views from representa13 tives of the following: 

14 (1) Th National Institute of Justice. 

15 (2) The Office of Violence Against Women. 

16 (3) The Centers for Disease Control and Pre17 vention and the Women’s Health Office, Department 

18 of Health and Human Services. 

19 (4) The Army, the Navy, the Air Force, the 

20 Marine Corps, and the Coast Guard. 

21 (5) Retired military personnel. 

22 (6) Victim advocates. 

23 (7) Sex offender behavior specialists. 

24 (8) Researchers. 

25 (9) Other experts in the area of sexual assault. 
227 

•HR 5391 IH 

1 (d) SAMPLING TECHNIQUES.—The research study 

2 under subsection (a) shall be conducted with random sam3 ples, or other scientifically appropriate samples, of men 

4 and women. The selection shall include enough men and 

5 women so the data that are collected are representative 

6 of men and women and comparisons can be made across 

7 several broad subgroup categories, such as age, race, sta8 tus and rank. 

9 (e) SURVEYS.—In carrying out the research study 

10 under subsection (a), the Bureau shall, in addition to such 

11 other methods as the Bureau considers appropriate, use 

12 surveys of the general population. In addition to the sam13 ples of civilians associated with military personnel, surveys 

14 shall be conducted with a probability-based comparison 

15 sample of men and women who are demographically simi16 lar to the survey population. The data collected from the 

17 military and nonmilitary samples shall be weighted to ad18 just for possible differences between the samples and the 

19 frames from which they were sampled, and to compensate 

20 for any observed differential nonresponse among sample 

21 members. 

22 (f) PROTECTION OF HUMAN SUBJECTS.—The Bu23 reau shall ensure the confidentiality of each survey partici24 pant. The Bureau shall adopt protocols for the protection 

25 of human subjects. 
228 

•HR 5391 IH 

1 (g) PARTICIPATION IN SURVEY.—All military instal2 lations that receive a request from the Bureau shall par3 ticipate in the survey and provide access to any military 

4 personnel or civilians serving on the installation. 

5 (h) DATA ANALYSIS AND REPORTING.—Once data 

6 have been collected and weighted, appropriate analyses 

7 shall be conducted in an effort to generate findings that 

8 will help policy makers understand the extent and nature 

9 of sexual assault within the Armed Forces, prevention 

10 strategies, and needs of the victims of sexual assault. The 

11 report shall include the following: 

12 (1) The incidence and prevalence of sexual as13 sault involving members of the Armed Forces. 

14 (2) A discussion of the legal, judicial, non15 judicial, and rehabilitative responses to sexual as16 sault involving civilian victims and how they vary 

17 across the services. 

18 (3) The extent to which such responses are ef19 fective at ensuring victim safety, requiring offender 

20 accountability, and imposing sanctions on the of21 fender. 

22 (4) A review of the availability, accessibility, 

23 and effectiveness at increasing victim safety within 

24 the existing prevention and intervention programs 
229 

•HR 5391 IH 

1 available to civilian victims of sexual assault per2 petrated by members of the Armed Forces. 

3 (5) Recommendations for a comprehensive 

4 strategy to prevent and intervene in cases of sexual 

5 assault, to include recommendations on improve6 ments in administrative, criminal, health care, and 

7 social service responses to sexual assault and rec8 ommendations for the improvement of data collec9 tion, reporting, professional training, and judicial 

10 outcomes to sexual assault. 

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated $2,000,000 to conduct 

13 the research study commencing in fiscal year 2005 and 

14 ending fiscal year 2006. 

15 SEC. 1507. RESEARCH ON CHILD MALTREATMENT, ABUSE, 

16 AND HOMICIDE IN THE ARMED FORCES. 

17 (a) STUDY REQUIRED.—The Secretary of Health and 

18 Human Services, acting through the Administration for 

19 Families and Children of the Department of Health and 

20 Human Services, shall carry out a comprehensive, 24- 

21 month research study that involves the collection and anal22 ysis of data on the prevalence and nature of child mal23 treatment, abuse, and homicide in the Armed Forces. The 

24 research study shall include the identification of the com25 mon characteristics of— 
230 

•HR 5391 IH 

1 (1) both victims and perpetrators of child mal2 treatment, abuse, or homicide associated with the 

3 Armed Forces; and 

4 (2) the situations and environments in which 

5 child maltreatment, abuse, or homicide occurs. 

6 (b) CONSIDERATIONS.—In carrying out subsection 

7 (a), the Secretary shall consider— 

8 (1) a definition of child maltreatment, abuse 

9 and homicide which encompasses the definition pro10 vided in section 3(1) of the Child Abuse Prevention 

11 and Treatment Act (42 U.S.C. 5102); 

12 (2) how the Secretary should collect information 

13 about child maltreatment, abuse, and homicide; 

14 (3) how the Secretary should collect information 

15 beyond self-reports of child maltreatment, abuse, 

16 and homicide; 

17 (4) a review of the data collected by the States; 

18 (5) how the Secretary should adjust the data in 

19 order to account for differences between service 

20 branches, installations, deployed, training and non21 deployed units and individual respondents; and 

22 (6) the categorization of branches, installations, 

23 and units. 
231 

•HR 5391 IH 

1 (c) SOLICITATION OF VIEWS.—In carrying out sub2 section (a), the Secretary shall solicit views from rep3 resentatives of the following: 

4 (1) The Department of Defense. 

5 (2) The National Institute of Justice. 

6 (3) The Centers for Disease Control and Pre7 vention. 

8 (4) The Army, the Navy, the Air Force, the 

9 Marine Corps, and the Coast Guard. 

10 (5) Retired military personnel. 

11 (6) Victim advocates. 

12 (7) Child maltreatment and prevention special13 ists. 

14 (8) Researchers. 

15 (9) Other experts in the area of child abuse and 

16 homicide. 

17 (d) SAMPLING TECHNIQUES.—The research study 

18 under subsection (a) shall be conducted with random sam19 ples, or other scientifically appropriate samples. The selec20 tion shall include data collected across several broad sub21 group categories, such as age, race, status, and rank in 

22 the Armed Forces. 

23 (e) SURVEYS.—In carrying out the research study 

24 under subsection (a), the Secretary shall, in addition to 

25 such other methods as the Secretary considers appro-
232 

•HR 5391 IH 

1 priate, use surveys of the general population. In addition 

2 to the samples of civilians associated with military per3 sonnel, surveys shall be conducted with a probability-based 

4 comparison sample of men and women who are demo5 graphically similar to the survey population. The data col6 lected from the military and nonmilitary samples shall be 

7 weighted to adjust for possible differences between the 

8 samples and the frames from which they were sampled, 

9 and to compensate for any observed differential non10 response among sample members. 

11 (f) PROTECTION OF HUMAN SUBJECTS.—The Sec12 retary shall ensure the confidentiality of each survey par13 ticipant. The Secretary shall adopt protocols for the pro14 tection of human subjects. 

15 (g) PARTICIPATION IN SURVEY.—All military instal16 lations that receive a request from the Secretary shall par17 ticipate in the survey and provide access to any military 

18 personnel or civilians serving on the installation. 

19 (h) DATA ANALYSIS AND REPORTING.—Once data 

20 have been collected and weighted, appropriate analyses 

21 shall be conducted in an effort to generate findings that 

22 will help policy makers understand the extent and nature 

23 of child maltreatment, abuse and homicide within the 

24 Armed Forces, prevention strategies, and needs of the vic-
233 

•HR 5391 IH 

1 tims of child maltreatment, abuse, and homicide. The re2 port shall include the following: 

3 (1) The incidence and prevalence of child mal4 treatment, abuse, and homicide involving members 

5 of the Armed Forces. 

6 (2) A discussion of the legal, judicial, non7 judicial, and rehabilitative responses to child mal8 treatment, abuse, and homicide and how they vary 

9 across the services. 

10 (3) The extent to which such responses are ef11 fective at ensuring victim safety, requiring offender 

12 accountability, and imposing sanctions on the of13 fender. 

14 (4) A review of the availability, accessibility, 

15 and effectiveness at increasing victim safety within 

16 the existing prevention and intervention programs 

17 available to victims of child maltreatment, abuse, 

18 and homicide within the Armed Forces. 

19 (5) Recommendations for a comprehensive 

20 strategy to prevent and intervene in cases of child 

21 maltreatment, abuse, and homicide, to include rec22 ommendations on improvements in administrative, 

23 criminal, health care, and social service responses to 

24 child maltreatment, abuse, and homicide and rec25 ommendations for the improvement of data collec-
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1 tion, reporting, professional training, and judicial 

2 outcomes to child maltreatment, abuse, and homi3 cide. 

4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $2,000,000 to conduct the 

6 research study under this section beginning in fiscal year 

7 2005 and ending in fiscal year 2007. 

8 TITLE XVI—SUMMIT ON SEXUAL 

9 ASSAULT AND DOMESTIC VIO10 LENCE 

11 SEC. 1601. PURPOSES. 

12 It is the purpose of this title to— 

13 (1) recognize that military leadership, 

14 servicemembers, family members and partners pos15 sess an important opportunity to demonstrate the 

16 core values of the military institutions, including 

17 honor, duty, courage, self-respect and respect for 

18 others, tolerance, nondiscrimination, gender equality, 

19 and non-violence; 

20 (2) convene an Armed Forces summit of leader21 ship, command, servicemembers, service providers, 

22 advocates, survivors, political community, criminal 

23 justice professionals, counselors, and educators to 

24 develop a strategic plan to deter acts of domestic vi25 olence, sexual assault and stalking committed by or 
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1 against servicemembers, family members and part2 ners in the Armed Forces; 

3 (3) find ways that the military community can 

4 contribute to a campaign to prevent domestic vio5 lence, sexual assault, and stalking; and 

6 (4) create a military-civilian partnership to ac7 complish the goals of this title. 

8 SEC. 1602. ESTABLISHMENT. 

9 Not later than one year after the date of the enact10 ment of this Act, the Secretary of Defense, acting through 

11 the Director of the Office of the Victims’ Advocate of the 

12 Department of Defense, shall convene a summit dealing 

13 with issues of domestic violence, sexual assault, and stalk14 ing associated with the Armed Forces. 

15 SEC. 1603. ELIGIBLE PARTICIPANTS. 

16 The Secretary shall provide for participants in the 

17 summit under this title to include the following: 

18 (1) Representatives from a broad cross-section 

19 of military authorities, including leadership, com20 mands, services, departments, and programs. 

21 (2) Representatives of Federal, State, national, 

22 and local governments, including the Department of 

23 Justice, the Violence Against Women Office, the Na24 tional Institute of Justice, the Department of Health 

25 and Human Services, the Administration on Chil-
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1 dren, Youth and Families, and Indian tribes or trib2 al organizations. 

3 (3) Members of Congress. 

4 (4) Representatives of national, State, and local 

5 law enforcement organizations. 

6 (5) Criminal justice professionals, including 

7 prosecutors, investigators, attorneys, and advocates. 

8 (6) Representatives of national and State coali9 tions dedicated to policy and social change to ad10 dress domestic violence, sexual assault, and stalking. 

11 (7) Representatives of nonprofit, private or non12 governmental service providers. 

13 (8) Public and private organizations working in 

14 the field of domestic violence, sexual assault, and 

15 stalking. 

16 (9) Individuals with demonstrated expertise and 

17 experience in addressing the intersection between do18 mestic violence, sexual assault, and stalking. 

19 (10) Individuals with demonstrated expertise 

20 and experience in addressing the issues confronting 

21 the Armed Forces relative to domestic violence, sex22 ual assault, and stalking. 

23 (11) Survivors of domestic violence, sexual as24 sault, or stalking, including members of the Armed 
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1 Forces on active duty, family members of such mem2 bers, veterans, and family members of veterans. 

3 (12) Representatives of academic, research, and 

4 education facilities with demonstrated expertise and 

5 experience in domestic violence, sexual assault, and 

6 stalking. 

7 (13) Representatives of the Department of Vet8 erans Affairs including counselors, social workers, 

9 psychologists and therapists assigned to the Sexual 

10 Trauma Counseling Centers or Women’s Wellness 

11 Programs. 

12 (14) Advocates, counselors, and therapists en13 gaged in providing services to victims associated 

14 with the Armed Forces. 

15 SEC. 1604. SUMMIT ACTIVITIES. 

16 The summit activities shall include a discussion of, 

17 and compiling of recommendations and strategy for, a 

18 strategic plan that seeks to— 

19 (1) involve more leadership, command, and 

20 servicemembers in prevention and other activities de21 signed to end domestic violence, sexual assault, and 

22 stalking; 

23 (2) encourage the military departments to im24 plement adequate policies for intervening in inci-
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1 dents of domestic violence, sexual assault, and stalk2 ing; 

3 (3) encourage the military departments to de4 velop policies, directives, and statutes to hold per5 petrators accountable; and 

6 (4) encourage the military departments to en7 hance the care and support of victims, including con8 fidentiality of communications and privacy. 

9 SEC. 1605. AUTHORIZATION OF APPROPRIATIONS. 

10 For the purposes of carrying out this title, there are 

11 authorized to be appropriated $200,000. The Secretary of 

12 Defense is encouraged to seek financial support from the 

13 Department of Justice and the Department of Health and 

14 Human Services to assist in carrying out the goals of this 

15 title. 

16 TITLE XVII—CONFERENCE ON 

17 SEXUAL ASSAULT AND DO18 MESTIC VIOLENCE 

19 SEC. 1701. ESTABLISHMENT. 

20 Not later than one year after the date of the enact21 ment of this Act, the Secretary of Defense, acting through 

22 the Director of the Office of the Victims’ Advocate of the 

23 Department of Defense, shall convene a national con24 ference to present the results and recommendations of the 

25 following: 
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1 (1) The Department of Defense Task Force on 

2 the Care of Sexual Assault Victims. 

3 (2) The Department of Defense Task Force on 

4 Domestic Violence. 

5 (3) The Department of Defense Task Force of 

6 Sexual Harassment and Misconduct at the Military 

7 Academies. 

8 SEC. 1702. CONFERENCE PARTICIPANTS. 

9 The Secretary shall provide for participants in the 

10 conference under this title to include the following: 

11 (1) Representatives from a broad cross-section 

12 of military authorities including leadership, com13 mands, services, departments and programs. 

14 (2) Representatives of Federal, State, national 

15 and local governments including the Department of 

16 Justice, the Violence Against Women Office, the Na17 tional Institute of Justice, the Department of Health 

18 and Human Services, the Administration on Chil19 dren, Youth and Families, and Indian tribes or trib20 al organizations. 

21 (3) Representatives of national, State, and local 

22 law enforcement. 

23 (4) Criminal justice professionals, including 

24 prosecutors, investigators, attorneys, and advocates. 
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1 (5) Representatives of national and State coali2 tions dedicated to policy and social change to ad3 dress domestic violence, sexual assault, and stalking. 

4 (6) Representatives of nonprofit, private, or 

5 nongovernmental service providers. 

6 (7) Public and private organizations working in 

7 the field of domestic violence, sexual assault, and 

8 stalking. 

9 (8) Individuals with demonstrated expertise and 

10 experience in addressing the intersection between do11 mestic violence, sexual assault, and stalking. 

12 (9) Individuals with demonstrated expertise and 

13 experience in addressing the issues confronting the 

14 Armed Forces relative to domestic violence, sexual 

15 assault, and stalking. 

16 (10) Survivors of domestic violence, sexual as17 sault, and stalking, including members of the Armed 

18 Forces on active duty, family members of such mem19 bers, veterans, and family members of veterans. 

20 (11) Representatives of academic, research, and 

21 education facilities with demonstrated expertise and 

22 experience in domestic violence, sexual assault, and 

23 stalking. 

24 (12) Representatives of the Department of Vet25 erans Affairs, including counselors, social workers, 
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1 psychologists, and therapists assigned to the Sexual 

2 Trauma Counseling Centers or Women’s Wellness 

3 Programs. 

4 (13) Advocates, counselors, and therapists en5 gaged in providing services to victims associated 

6 with the Armed Forces. 

7 SEC. 1703. CONFERENCE ACTIVITIES. 

8 The conference shall— 

9 (1) provide leadership, command, family advo10 cacy, military criminal investigators, law enforce11 ment, and security forces with the tools they need to 

12 begin implementing programs that directly address 

13 domestic violence, sexual assault, and stalking; 

14 (2) implement statutory and regulatory direc15 tives; and 

16 (3) foster a zero tolerance policy within the 

17 military departments. 

18 SEC. 1704. AUTHORIZATION OF APPROPRIATIONS. 

19 For the purposes of carrying out this title, there is 

20 authorized to be appropriated $700,000 to the Depart21 ment of Defense. The Secretary of Defense is encouraged 

22 to seek financial support from the Department of Justice 

23 and the Department of Health and Human Services to 

24 assist in carrying out the goals of this title. 

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