107 
‘‘(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. 
‘‘(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. 
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108 
‘‘(h) 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. 
‘‘(i) 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: 
‘‘144.
Director of Special Investigations.’’. 
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109 
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’’. 
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110 
(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. 
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111 
‘‘(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.’’. 
SEC. 313. TRAVEL AND TRANSPORTATION. 
Section 406(h) of title 37, United States Code, is 
amended by striking ‘‘only if a written agreement of the 
member,’’. 
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