101 
‘‘(H) The action taken by the law enforcement 
officer. 
‘‘(I) The existence of any prior court or military 
orders issued to the parties. 
‘‘(J) The number of domestic violence calls al-
leging a violation of a military no contact order or 
a protective order involving the parties. 
‘‘(K) The number of arrests involving the par-
ties for a violation of a civilian protective order or 
details of disciplinary action taken for the violation 
of a military protective order. 
‘‘(L) Any other data that may be necessary for 
a complete analysis of all circumstances leading to 
the alleged incident of domestic violence. 
‘‘(f) CONTACT PROHIBITIONS.—(1) Unless there is a 
waiver by the victim, during the 72 hours immediately fol-
lowing an arrest for a domestic violence incident, the per-
son arrested— 
‘‘(A) shall avoid the residence of the alleged vic-
tim of the domestic violence incident and, if applica-
ble, any premises temporarily occupied by the al-
leged victim; and 
‘‘(B) shall avoid contacting or causing any per-
son, other than law enforcement officers or military 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
102 
criminal investigators, judge advocates, or com-
manders, to contact the alleged victim. 
‘‘(2) Unless there is a waiver by the victim under 
paragraph (1), a law enforcement officer who releases a 
person arrested for domestic violence from custody less 
than 72 hours after the arrest shall inform the arrested 
person orally and in writing of the requirements of this 
section and the consequences of violating this section. The 
arrested person shall sign an acknowledgment on the writ-
ten notice that the person has had notice of, and under-
stands the requirements, the consequences and the provi-
sions of this section. If the arrested person refuses to sign 
the notice, the person may not be released from custody. 
‘‘(3) If there is a waiver under paragraph (1) and 
the person is arrested under this section, the law enforce-
ment officer who releases the arrested person shall inform 
the arrested person orally and in writing of the waiver. 
‘‘(4) Failure to comply with the notice requirement 
under paragraph (2) regarding a person who is lawfully 
released from custody does not affect the prosecution for 
a crime of domestic violence. 
‘‘(g) CONDITIONAL RELEASE.—A person arrested 
and taken into custody for a domestic violence incident 
is eligible for conditional release. Unless there is a waiver 
under section (f), as part of the conditions of any such 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
103 
release that occurs within 72 hours immediately following 
such an arrest, the person shall be made to comply with 
the requirements under subsection (f)(1) and to sign the 
acknowledgment under subsection (f)(2). 
‘‘§ 1568. Domestic violence: prosecution policies 
‘‘The Secretary of Defense shall develop and imple-
ment written policies encouraging the prosecution of do-
mestic violence offenses under the military justice system. 
Those policies shall include the following: 
‘‘(1) A policy that a recommendation of a judge 
advocate that a domestic violence incident not be 
prosecuted should not be based— 
‘‘(A) solely upon the absence of visible in-
dications of injury; 
‘‘(B) consent of the victim; 
‘‘(C) consideration of the relationship of 
the parties; or 
‘‘(D) the character, rank, rate, or quality 
of service of members of the Armed Forces, of-
ficers or employees. 
‘‘(2) A policy that when a domestic violence in-
cident is not prosecuted by the judge advocates, in-
cluding a report made under this section, the deci-
sion by the judge advocates should be made not later 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
104 
than 28 days after the date on which the judge ad-
vocate general has received notice of the incident. 
‘‘§ 1569. Domestic violence: annual reports 
‘‘(a) REPORTS TO SECRETARIES OF THE MILITARY 
DEPARTMENTS.—Each judge advocate for a command 
who in the official capacity of that judge advocate receives 
an allegation of domestic violence during any year shall 
submit to the Secretary of the military department con-
cerned a report of all such allegations received during the 
year, together with such information as the Secretary may 
require, including the following: 
‘‘(1) The number of arrests for domestic vio-
lence incidents in that judge advocate’s command, 
compiled and furnished by military law enforcement 
and military criminal investigators. 
‘‘(2) The number of subsequent prosecutions 
and convictions of those arrested for domestic vio-
lence incidents. 
‘‘(3) A listing of the number of arrests, pros-
ecutions, and convictions under paragraphs (1) and 
(2) shall include categories by statutory reference of 
offenses under chapter 47 of this title (the Uniform 
Code of Military Justice) and include totals for all 
categories. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
105 
‘‘(b) REPORTS TO THE SECRETARY OF DEFENSE.— 
Not later than January 1 of each year, the Secretaries 
of the military departments shall submit to the Secretary 
of Defense a report on the number of arrests, disposition 
of cases, subsequent prosecutions or disciplinary actions, 
and convictions for domestic violence involving members 
of the Armed Forces and officers and employees of the 
Department of Defense under their jurisdiction during the 
preceding year. 
‘‘(c) REPORTS TO CONGRESS.—Not later than Janu-
ary 15 of each year, the Secretary of Defense shall submit 
to Congress a report on the number of arrests, disposition 
of cases, subsequent prosecutions or disciplinary actions, 
and convictions for domestic violence involving members 
of the Armed Forces and officers and employees of the 
Department of Defense during the preceding year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new items: 
‘‘1567. Domestic violence: responsibilities of military law enforcement officials. 
‘‘1568. Domestic violence: prosecution policies. 
‘‘1569. Domestic violence: annual reports.’’. 
(c) DEADLINE.—The Secretary of Defense shall pre-
scribe in regulations the procedures to carry out sections 
1567 through 1569 of title 10, United States Code, as 
added by subsection (a), not later than 90 days after the 
date of the enactment of this Act. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
106 
(d) CONFORMING REPEAL.— 
(1) REPEAL.—Section 1058 of title 10, United 
States Code, is repealed. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 53 of such title is 
amended by striking the item relating to section 
1058. 
SEC. 303. INVESTIGATION OF SEXUAL AND DOMESTIC VIO-
LENCE CASES INVOLVING DEPARTMENT OF 
DEFENSE PERSONNEL. 
(a) ESTABLISHMENT.—Chapter 4 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 145. Director of Special Investigations 
‘‘(a) APPOINTMENT.—There is a Director of Special 
Investigations in the Department of Defense. The Director 
is appointed by the Secretary of Defense from among per-
sons who have a significant level of experience in criminal 
investigations and possess a significant level of training 
and expertise in domestic violence, family violence, sexual 
assault, or stalking. 
‘‘(b) SENIOR EXECUTIVE SERVICE POSITION.—The 
position of Director of Special Investigations is a Senior 
Executive Service position. The Secretary shall designate 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
108 
‘‘(2) in any case that the Secretary directs the 
Director to investigate. 
‘‘(e) OVERSIGHT AND QUALITY CONTROL OF OTHER 
INVESTIGATIONS.—(1) The Director shall review the sta-
tus of an investigation that is referred under subsection 
(d). 
‘‘(2) In carrying out paragraph (1), the Director may 
review the records of the investigation and observe the 
conduct of the ongoing investigation. 
‘‘(3) The Director shall report to the Secretary on 
any investigation monitored pursuant to paragraph (1). 
The report may include the status of the investigation, an 
evaluation of the conduct of the investigation, an evalua-
tion of each investigator and the investigative organization 
involved in the investigation, and a recommendation for 
the future conduct of the investigation. 
‘‘(f) POWERS.—In the performance of the duties set 
forth or authorized in this section, the Director shall have 
the following powers: 
‘‘(1) To have access to all records, reports, au-
dits, reviews, documents, papers, recommendations, 
or other material available in the Department of De-
fense which relate to the duties of the Director. 
‘‘(2) To request such information or assistance 
as may be necessary for carrying out the Director’s 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
109 
duties from any Federal, State, or local govern-
mental agency or unit thereof. 
‘‘(3) To require by subpoena the production of 
all 
information, 
documents, 
reports, 
answers, 
records, accounts, papers, and other data and docu-
mentary evidence necessary in the performance of 
the Director’s duties, which subpoena, in the case of 
contumacy or refusal to obey, shall be enforceable by 
order of any appropriate United States district 
court. 
‘‘(4) To serve subpoenas, summons, and any ju-
dicial process related to the review of an investiga-
tion. 
‘‘(5) To administer to or take from any person 
an oath, affirmation, or affidavit whenever necessary 
in the review of an investigation. 
‘‘(6) To obtain for the victim in the case under 
review in the investigation from any military com-
mand a military protection order or from a court of 
appropriate jurisdiction an order of protection, re-
spectively, to safeguard the victim. 
‘‘(7) To refer to a victim advocate for assist-
ance in obtaining services for any victim in the case 
under review. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
110 
‘‘(8) To request the appropriate commander to 
take action to relocate the victim during an inves-
tigation in order to ensure the safety of a victim. 
‘‘(g) REFERRALS FOR PROSECUTION.—(1) The Di-
rector may refer any case of sexual misconduct, domestic 
violence, family violence, sexual assault, or stalking de-
scribed in subsection (d)(1) to an appropriate commander 
for action under chapter 47 of this title (the Uniform Code 
of Military Justice) or other appropriate action. 
‘‘(2) The Director shall report each such referral to 
the Secretary of Defense. 
‘‘(h) STAFF.—The Director shall have access to— 
‘‘(1) investigators who have extensive experience 
in criminal investigations and demonstrated exper-
tise in domestic violence, family violence, sexual as-
sault, or stalking; 
‘‘(2) attorneys sufficient to provide the Direc-
tor, the criminal investigators, and the Director’s 
other staff personnel with legal counsel necessary for 
the performance of the duties of the Director; and 
‘‘(3) such other staff as is necessary for the 
performance of the Director’s duties.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 4 of such title is amended by 
adding at the end the following new item: 
‘‘145. Director of Special Investigations.’’. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6211
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
111 
Subtitle B—Crimes Related to Sex-
ual Assault and Domestic Vio-
lence 
CHAPTER 1—FEDERAL CRIMINAL CODE 
SEC. 311. ASSIMILATIVE CRIMES. 
Section 13 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘(d) For purposes of subsection (a) of this section, 
that which may or shall be imposed through judicial or 
administrative action under the law of a State, territory, 
possession, or district for conduct that constitutes a sexual 
assault, sexual abuse, sexual battery, rape, stalking, do-
mestic violence, or family violence offense of the jurisdic-
tion shall be considered to be punishment provided by the 
law of that jurisdiction.’’. 
SEC. 312. JURISDICTION FOR SEXUAL ASSAULT AND DO-
MESTIC VIOLENCE OFFENSES COMMITTED 
OUTSIDE THE UNITED STATES. 
(a) 
EXTRATERRITORIAL
JURISDICTION.—Section 
3261(a) of title 18, United States Code, is amended by 
inserting ‘‘or constitutes a sexual assault, sexual mis-
conduct, domestic violence, stalking, or family violence of-
fense’’ after ‘‘year’’. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
112 
(b) DEFINITIONS.—Section 3267 of such title is 
amended by adding at the end the following new para-
graphs: 
‘‘(5) The term ‘domestic violence’ has the 
meaning given such term in section 2007(1) of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg–2(1)). 
‘‘(6) The term ‘sexual assault’ has the meaning 
given such term in section 2007(6) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg–2(6)). 
‘‘(7) The term ‘sexual misconduct’ includes— 
‘‘(A) sexual harassment, entailing any con-
duct involving sexual harassment that in the 
case of an employee of the Department of De-
fense or a family member subject to the juris-
diction of the Secretary of Defense or of the 
Secretary of a military department, comprises a 
violation of a regulation, directive, or guideline 
that is applicable to such employee or family 
member; 
‘‘(B) sexual abuse; 
‘‘(C) sexual assault; 
‘‘(D) sexual battery; and 
‘‘(E) rape. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
113 
‘‘(8) STALKING.—The term ‘stalking’ means 
engaging in a course of conduct as proscribed in 
chapter 110A directed at a specific person that 
would cause a reasonable person to fear death, sex-
ual assault, or bodily injury to himself or herself or 
a member of his or her immediate family when— 
‘‘(A) the person engaging in such conduct 
has knowledge or should have knowledge that 
the specific person will be placed in reasonable 
fear of death, sexual assault, or bodily injury to 
himself or herself or a member of his or her im-
mediate family; and 
‘‘(B) the conduct induces fear in the spe-
cific person of death, sexual assault, or bodily 
injury to himself or herself or a member of his 
or her immediate family.’’. 
CHAPTER 2—UNIFORM CODE OF 
MILITARY JUSTICE 
SEC. 316. DOMESTIC VIOLENCE AND FAMILY VIOLENCE. 
(a) ASSAULT.—Section 928(b) of title 10, United 
States Code (article 128(b) of the Uniform Code of Mili-
tary Justice), is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
114 
(2) by inserting ‘‘or’’ at the end of paragraph 
(2); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) commits an assault involving domestic vio-
lence or family violence;’’. 
(b) ASSAULT INVOLVING DOMESTIC VIOLENCE OR 
FAMILY VIOLENCE DEFINED.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(c) In this section, the term ‘assault involving do-
mestic violence or family violence’ means— 
‘‘(1) an assault— 
‘‘(A) with the intent to kill, injure, harass, 
or intimidate a spouse, intimate partner, or 
family member, or any other person related by 
consanguinity or affinity; 
‘‘(B) in which the accused intentionally in-
flicts bodily harm with or without a weapon 
upon a spouse, former spouse, intimate partner, 
or family member, or any other person related 
by consanguinity or affinity; or 
‘‘(C) in which the accused places a person 
in reasonable fear of imminent bodily injury to 
that person or to another person; 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
115 
‘‘(2) a sexual assault; or 
‘‘(3) any conduct in which the accused— 
‘‘(A) places a person in reasonable fear of 
imminent bodily injury to that person or to an-
other; 
‘‘(B) harasses or intimidates a spouse, inti-
mate partner, or family member or person re-
lated by consanguinity or affinity, in the course 
of or as a result of which the accused commits 
a crime of violence against the spouse, intimate 
partner, or family member or person related by 
consanguinity or affinity; or 
‘‘(C) uses force, coercion, duress, or fraud 
to facilitate, commit, or attempt to commit a 
crime of violence against a spouse, former 
spouse, intimate partner, or family member.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
(d) INTERIM MAXIMUM PUNISHMENTS.—Until the 
President otherwise provides pursuant to section 856 of 
title 10, United States Code (article 56 of the Uniform 
Code of Military Justice), the punishment which a court- 
martial may direct for an offense under subsection (b)(3) 
of section 928 of such title (article 128 of the Uniform 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
116 
Code of Military Justice) may not exceed the following 
limits: 
(1) For an assault involving domestic violence 
or family violence if the death of the victim results, 
such punishment may not exceed dishonorable dis-
charge, forfeiture of pay and allowances, and con-
finement for life without eligibility for parole. 
(2) For an assault involving domestic violence 
or family violence if permanent disfigurement or life 
threatening bodily injury to the victim results, such 
punishment may be twice that as provided including 
dishonorable discharge, forfeiture of pay and allow-
ances, and confinement for 30 years. 
(3) For an assault involving domestic violence 
or family violence if serious bodily injury to the vic-
tim results or if the accused uses a dangerous weap-
on, such punishment may not exceed dishonorable 
discharge, forfeiture of all pay and allowances, and 
confinement for 20 years. 
(4) For an assault involving domestic violence 
or family violence, such punishment may not exceed 
dishonorable discharge, forfeiture of all pay and al-
lowances, and confinement for 10 years. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
117 
SEC. 317. PROTECTIVE ORDERS. 
(a) ENFORCEMENT OF PROTECTIVE ORDERS.—Sec-
tion 892 of title 10, United States Code (article 92 of the 
Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Any person’’; 
(2) by striking ‘‘or’’ at the end of paragraph 
(2); 
(3) by inserting ‘‘or’’ at the end of paragraph 
(3); 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) violates or fails to obey a no contact order 
or protective order;’’; and 
(5) by adding at the end of such section the fol-
lowing new subsection: 
‘‘(b) In this section, the term ‘no contact order or 
protective order’ includes— 
‘‘(1) a no contact order issued by a command 
or supervisor to a member to safeguard a spouse, 
former spouse, intimate partner, or family member 
of a member; 
‘‘(2) a protection order as defined in section 
2266(5) of title 18; and 
‘‘(3) a protective order as defined in section 
1561a of this title.’’. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
118 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
Subtitle C—Treatment Services for 
Perpetrators 
SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR TREATMENT SERVICES FOR 
PERPETRATORS. 
(a) CONTRACTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Undersecretary of Defense for 
Personnel and Readiness, may enter into contracts 
with eligible entities for the provision of treatment 
services, including a batterers program, for members 
of the Armed Forces who have been assessed to have 
committed domestic violence, family violence, sexual 
assault, or stalking. 
(2) DEFINITIONS.—In this section: 
(A) ELIGIBLE ENTITIES.—The term ‘‘eligi-
ble entity’’ means a public or private, nonprofit 
or nongovernmental entity the primary purpose 
of which is to provide treatment services to per-
petrators of domestic violence, family violence, 
sexual assault, or stalking. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
119 
(B) BATTERERS
PROGRAM.—The term 
‘‘batterers program’’ means a program ap-
proved or certified by a State that is operated 
by a public or not-for-profit organization for the 
purpose of providing battering prevention and 
educational services and the goal of which is to 
help perpetrators end abusive behaviors. 
(b) TERMS
OF CONTRACT.—A contract awarded 
under this section shall provide that the entity awarded 
the contract— 
(1) may provide for collaboration with existing 
services in the civilian community for the provision 
of appropriate treatment services; 
(2) when appropriate treatment services are not 
available in the civilian community or are not acces-
sible, may provide such services on military installa-
tions; 
(3) shall not, under the contract, provide couple 
counseling or mediation, but may provide referrals 
for such counseling or mediation upon successful 
completion of a certified batterers program and at 
the request of the victim. 
(c) TERMS
OF BATTERERS PROGRAM.—The Sec-
retary shall ensure that the batterers program shall have 
policies regarding— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
120 
(1) referrals for those for whom a batterers 
program is not appropriate; 
(2) suicide and homicide threats by clients; and 
(3) confidentiality, in accordance with stand-
ards prescribed by the Secretary. 
(d) APPLICATION.—An eligible entity that desires to 
receive a contract under this section shall submit to the 
Secretary an application at such time, in such manner, 
and containing such information as the Secretary may re-
quire, consistent with the requirements specified in this 
section. 
(e) TREATMENT STANDARDS.—The treatment pro-
gram under the batterers program must meet the fol-
lowing standards: 
(1) All treatment shall be based upon a full, 
complete clinical assessment, including— 
(A) current and past violence history relat-
ing to domestic violence, family violence, sexual 
assault, or stalking; 
(B) a complete diagnostic evaluation; 
(C) a substance abuse assessment; and 
(D) criminal history. 
(2) All treatment shall be based on a treatment 
plan that adequately and appropriately addresses 
treatment needs of the individual. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
121 
(3) The program shall require the perpetrator 
to review the following notices: 
(A) A notice that the program will inform 
the victim and victims’ advocate that the perpe-
trator is in treatment. 
(B) A notice that prior and current treat-
ment agencies will provide information on the 
perpetrator to the program. 
(C) A notice that the program will provide 
relevant information on the perpetrator to rel-
evant legal and military entities. 
(4) Treatment of a perpetrator must be for a 
minimum treatment period established by the Sec-
retary by regulation. 
(5) Satisfactory completion of treatment must 
be contingent upon the perpetrator meeting specific 
criteria, defined by the Secretary, and not just upon 
the end of a certain period of time or attendance of 
the perpetrator at a certain number of sessions. 
(6) The program shall have a policy and proce-
dures for dealing with recidivism. 
(7) The program shall have a policy and proce-
dures for dealing with noncompliance. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
122 
(8) All evaluation and treatment services shall 
be provided by, and under the supervision of, quali-
fied personnel. 
(f) DURATION OF CONTRACTS.—A contract awarded 
under this section shall be for a period of three fiscal 
years. Such a contract may be renewed. 
(g) REPORTS.—An entity awarded a contract under 
this section shall submit to the Secretary every six months 
a report that describes, at a minimum— 
(1) how the funds under the contract were 
used; 
(2) the extent to which military personnel were 
served; 
(3) the adequacy of staff training and services; 
(4) the existence of barriers to the provision of 
services; 
(5) pertinent and appropriate factors con-
cerning perpetrators in the program, including age, 
education, income, marital status, number of chil-
dren and their ages, any substance abuse, and per-
sonal history of family violence; 
(6) the total number of persons referred to the 
program, and the referral source; 
(7) total number of persons determined to be 
inappropriate for services and reasons therefor; and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
123 
(8) the number of persons participating in the 
program, the number completing the program, the 
number failing to complete the program, and rea-
sons therefor. 
(h) APPLICABILITY OF CERTAIN DEFINITIONS.—The 
definitions in section 102 of title 10, United States Code, 
as added by section 101(a), apply to this section. 
SEC. 322. SEX OFFENDER TREATMENT PROGRAM. 
(a) DEFINITION.—In this section, the term ‘‘sex of-
fender treatment program’’ means a program approved or 
certified by a State that is operated by a public or non-
profit organization for the purpose of providing treatment 
services for sex offenders. 
(b) TERMS
OF CONTRACT.—A contract awarded 
under this section shall provide that the sex offender treat-
ment program awarded the contract— 
(1) may provide for collaboration with existing 
services in the civilian community for the provision 
of appropriate treatment services; 
(2) when appropriate treatment services are not 
available in the civilian community or are not acces-
sible, may provide such services on military installa-
tions. 
(c) QUALIFIED TREATMENT PROVIDERS.—The Sec-
retary of Defense, acting through the Under Secretary of 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
124 
Defense for Personnel and Readiness shall ensure that the 
providers of sex offender treatment in the contracted pro-
gram meet the licensing or certification standards of the 
State in which services are provided. The treatment pro-
viders shall— 
(1) have education, training and experience in 
the evaluation, treatment and management of indi-
viduals who sexually offend; 
(2) possess a graduate degree and possess a 
minimum of 2000 hours of clinical assessment and 
treatment of sexual abusers and obtain annual con-
tinuing education in the field of sexual abuse; and 
(3) adhere to the professional conduct code of 
their clinical profession. 
(d) TREATMENT STANDARDS.—The sex offender 
treatment program for contracted sex offender treatment 
shall— 
(1) utilize psychosexual evaluations— 
(A) to determine an offender’s risk to re-
offend; 
(B) to identify dynamic risk factors; and 
(C) to develop appropriate treatment and 
supervision plans; 
(2) provide interventions that are— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
125 
(A) designed to assist the offender to man-
age thoughts, feelings, attitudes, and behaviors 
associated with their risk to reoffend; 
(B) utilize recognized treatment modalities 
that are considered most effective in reducing 
rates of reoffense; and 
(C) manage offenders in the community 
utilizing a risk management team approach. 
TITLE 
IV—COUNSELING 
AND 
TREATMENT PROGRAMS OF 
DEPARTMENT OF VETERANS 
AFFAIRS 
SEC. 401. RESEARCH ON BEST PRACTICES TO OVERCOME 
STIGMA 
RELATED 
TO 
MILITARY 
SEXUAL 
TRAUMA. 
It is the sense of Congress that the Secretary of Vet-
erans Affairs, in cooperation with Secretary of Defense, 
should conduct research into best practices that allow vet-
erans who have been victims of sexual assault while in the 
Armed Forces to overcome stigma in order to report the 
crime, seek treatment, and recover. 
SEC. 402. TRAINING FOR DEPARTMENT OF VETERANS AF-
FAIRS PRIMARY CARE PROVIDERS. 
(a) TRAINING REQUIRED.—The Secretary of Vet-
erans Affairs shall ensure that all primary care providers 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
126 
who are employed by the Department of Veterans Affairs 
(or who treat veterans for the Department on a fee or 
contract basis) receive training in— 
(1) effective screening methods for identifying 
veterans who have suffered from military sexual 
trauma; and 
(2) the process for referring for appropriate 
treatment and services veterans who are so identi-
fied. 
(b) CURRENT PROVIDERS.—For those primary care 
providers referred to in subsection (a) who are employed 
as of the date of the enactment of this Act and who have 
not previously received the training described in such sub-
section, such training shall be completed not later than 
the end of the one-year period beginning on the date of 
the enactment of this Act. 
(c) ELEMENTS OF TRAINING.—The training under 
subsection (a) shall require that all primary care providers 
to be able to do the following: 
(1) Describe the Department of Veterans Af-
fairs mandate and the prevalence of military sexual 
trauma. 
(2) Describe the relevance of military sexual 
trauma to Department of Veterans Affairs clini-
cians. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
127 
(3) Identify the health correlates of sexual trau-
ma. 
(4) Explain the effective screening methods for 
military sexual trauma. 
(5) List the steps to be taken by a clinician 
when responding to disclosure of military sexual 
trauma. 
(6) Explain the referral process of a patient 
who experienced military sexual trauma to mental 
health and social services. 
(7) Describe the mental health treatment for 
military sexual trauma. 
(8) Describe the documentation requirements 
for military sexual trauma treatment and compensa-
tion. 
(9) Explain the compensation issues associated 
with military sexual trauma. 
(10) Describe the complex patient-provider rela-
tionship issues associated with military sexual trau-
ma. 
(11) Identify the risk factors that could cause 
post-traumatic stress disorder flares in military sex-
ual trauma survivors. 
(12) Define revictimization. 
(13) Assess intimate partner violence. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
128 
(14) Describe treatment of acute sexual trauma 
victims. 
(15) Recognize how clinicians can care for 
themselves and avoid burnout. 
SEC. 403. PILOT PROGRAM ON WAYS TO IDENTIFY VET-
ERANS WHO ARE VICTIMS OF MILITARY SEX-
UAL TRAUMA. 
(a) PILOT PROGRAM.—The Secretary of Veterans Af-
fairs shall conduct a pilot program to identify effective 
ways of screening and referral processes for primary care 
providers to identify veterans who are victims of military 
sexual trauma. 
(b) DURATION.—The pilot program under this sec-
tion shall be commenced not later than six months after 
the date of the enactment of this Act and shall be con-
ducted for a period of three years. 
(c) REPORT.—Not later than one year after the date 
of the completion of the pilot program under this section, 
the Secretary shall submit to the Committees on Armed 
Services and on Veterans’ Affairs of the Senate and House 
of Representatives a report on the Secretary’s evaluation 
of the pilot program. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
129 
SEC. 404. PILOT PROGRAM ON TREATMENT OF ACTIVE- 
DUTY MILITARY PERSONNEL THROUGH FA-
CILITIES OF THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) PILOT PROGRAM.—The Secretary of Veterans Af-
fairs shall conduct a pilot program with the Secretary of 
Defense under which active-duty military personnel who 
are victims of military sexual trauma may be provided con-
fidential treatment for such trauma through facilities of 
the Department of Veterans Affairs. The pilot program 
shall be carried out pursuant to a memorandum of agree-
ment between the two Secretaries. 
(b) DURATION.—The pilot program under this sec-
tion shall be commenced not later than six months after 
the date of the enactment of this Act and shall be con-
ducted for a period of three years. 
(c) REPORT.—Not later than one year after the date 
of the completion of the pilot program under this section, 
the Secretary of Veterans Affairs shall submit to the Com-
mittees on Armed Services and on Veterans’ Affairs of the 
Senate and House of Representatives a report on the Sec-
retary’s evaluation of the pilot program. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
130 
TITLE V—OTHER MATTERS 
Subtitle A—Administration Matters 
SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS. 
The Secretary of Defense and the Secretary of the 
military department concerned may not approve for pres-
entation of a financial award for performance of work or 
duties, and may not approve for promotion, an officer or 
employee of the Department of Defense or a member of 
the Armed Forces who— 
(1) has been convicted of a criminal offense in-
volving domestic violence, family violence, sexual as-
sault, or stalking (as those terms are defined in sec-
tion 102 of title 10, United States Code); or 
(2) has received any other disciplinary action or 
adverse personnel action on the basis of having en-
gaged in domestic violence, family violence, sexual 
assault, or stalking. 
SEC. 502. CLOSURE OF ARTICLE 32 INVESTIGATIONS IN 
CASES OF SEXUAL ASSAULT OR DOMESTIC VI-
OLENCE. 
Section 832 of title 10, United States Code (article 
32 of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(f) In an investigation under this article that in-
cludes a charge or specification (or an uncharged offense 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
131 
included in the investigation pursuant to subsection (d)) 
of sexual assault or domestic violence, the investigating 
officer shall give particular consideration to closing the in-
vestigation to the public.’’. 
Subtitle B—Enhancement of 
Servicemembers Civil Relief Act 
SEC. 511. AMENDMENTS TO SERVICEMEMBERS CIVIL RE-
LIEF ACT. 
(a) EXCEPTION TO AUTHORITY TO ORDER STAYS IN 
CIVIL
PROCEEDINGS.—Section 
202(b)(1) 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. App. 
522(b)(1)) is amended by inserting ‘‘, except in the case 
of an order of protection or restraining order,’’ after ‘‘pro-
ceeding’’. 
(b) CHANGE IN REFERENCES FROM ‘‘DEPENDENTS’’ 
TO ‘‘FAMILY MEMBERS’’.— 
(1) Section 101(4) of such Act (50 U.S.C. App. 
511(4)) is amended— 
(A) in the heading, by striking ‘‘DEPEND-
ENT’’ and inserting ‘‘FAMILY MEMBER’’; and 
(B) by striking ‘‘dependent’’ and inserting 
‘‘family member’’. 
(2) Such Act is further amended by striking 
‘‘dependent’’ and ‘‘dependents’’ each place they ap-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
132 
pear and inserting ‘‘family member’’ and ‘‘family 
members’’, respectively. 
(3)(A) The heading for section 308 of such Act 
(50 U.S.C. App. 538) is amended to read as follows: 
‘‘§ 308. Extension of protections to family members.’’. 
(B) The item relating to such section in the 
table of contents in section 1(b) of such Act (50 
U.S.C. App. 501(b)) is amended to conform to the 
amendment made by subparagraph (A). 
Subtitle C—Research on Preva-
lence, Needs Assessment, Serv-
ices, and Accountability 
SEC. 521. RESEARCH ON SEXUAL ASSAULT, DOMESTIC VIO-
LENCE, 
AND 
FAMILY 
VIOLENCE 
IN 
THE 
ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense, in con-
junction with the Attorney General, shall carry out a com-
prehensive research study on the prevalence and nature 
of sexual assault, domestic violence, and family violence 
in the Armed Forces. To the extent that incidents of sex-
ual assault are also incidents of domestic violence or fam-
ily violence, research activities for the purpose of the study 
under this section can be conducted simultaneously and 
in collaboration. The research study shall include the iden-
tification of— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
133 
(1) the common characteristics (if any) of vic-
tims of sexual assault, domestic violence, and family 
violence; 
(2) the common characteristics (if any) of per-
petrators of sexual assault, domestic violence, and 
family violence; 
(3) the situations and environments in which 
sexual assault, domestic violence, and family violence 
occur; and 
(4) the affect of deployments, duty stations, 
combat service, and veteran and active duty status 
on sexual assault, domestic violence, and family vio-
lence. 
(b) CATEGORIZATION OF DATA.—The research study 
under this section shall be conducted with statistically sig-
nificant random samples of men and women who are ac-
tively serving in each of the Armed Forces. The selection 
shall include enough men and women so that the data col-
lected are representative of men and women in each 
branch and comparisons can be made across several broad 
subgroup categories, such as age, race, rank, and length 
of service in the Armed Forces. 
(c) PROTECTION OF HUMAN SUBJECTS.—The Sec-
retary shall ensure the confidentiality of each survey par-
ticipant. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
134 
(d) DATA ANALYSIS AND REPORTING.—Once data 
have been collected, the Secretary shall conduct appro-
priate analyses to determine the extent and nature of sex-
ual assault, family violence, and domestic violence within 
the Armed Forces. 
(e) REPORT.—Not later than 36 months after the 
date of the enactment of this Act, the Secretary shall sub-
mit to Congress a report providing the results of the study 
under this section. The report shall include the following: 
(1) The incidence and prevalence of sexual as-
sault, family violence, and domestic violence involv-
ing members of the Armed Forces. 
(2) The number of legal, judicial, nonjudicial, 
and rehabilitative responses to sexual assault and 
domestic violence, disaggregated by service. 
(3) The extent to which such responses are ef-
fective at ensuring victim safety, requiring offender 
accountability, and imposing sanctions on the of-
fender. 
(4) A review of the availability and accessibility 
of the prevention and intervention programs avail-
able to members of the Armed Forces and their fam-
ilies and partners and the effectiveness of those pro-
grams at increasing victim safety. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
135 
(5) Recommendations for improvements to De-
partment of Defense procedures and programs to 
prevent and intervene in cases of sexual assault, 
family violence, and domestic violence involving 
members of the Armed Forces. 
SEC. 522. RESEARCH ON INSTITUTIONAL PROCEDURES FOR 
REPORTING SEXUAL ASSAULT, DOMESTIC VI-
OLENCE, AND FAMILY VIOLENCE IN THE 
ARMED FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall provide for a study to examine procedures under-
taken after a military official receives a report of an inci-
dent of sexual assault, domestic violence, or family vio-
lence. The study shall be undertaken in consultation with 
the Attorney General. 
(b) MATTERS TO BE INCLUDED.—The study under 
subsection (a) shall include an analysis of the following: 
(1) The adequacy of the publication of the defi-
nition applicable to the Armed Forces of each of the 
following terms: sexual assault, domestic violence, 
and family violence. 
(2) The publication of the Armed Forces policy 
for sexual assault, domestic violence, and family vio-
lence. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
136 
(3) The individuals to whom reports of sexual 
assault, domestic violence, and family violence are 
given most often and— 
(A) how those individuals are trained to re-
spond to such reports; and 
(B) the extent to which those individuals 
are trained. 
(4) The reporting options that are presented to 
persons as available to them if the become a victim 
of sexual assault, domestic violence, and family vio-
lence, both as to— 
(A) reporting and procedure options on 
military installation; and 
(B) reporting and procedure options out-
side of military installations. 
(5) The resources available for victims’ safety, 
support, medical health, and confidentiality. 
(6) Policies and practices that may prevent or 
discourage the report of sexual assaults, domestic vi-
olence, and family violence to local crime authorities 
or that may otherwise obstruct justice or interfere 
with the prosecution of perpetrators of sexual as-
sault, domestic violence, and family violence. 
(7) Policies and procedures found successful in 
aiding the report, and any ensuing investigation or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS