I 
111TH CONGRESS 
2D SESSION 
H. R. 5347 
To prevent and end the occurrence of sexual assaults involving members 
of the Armed Forces. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2010 
Ms. SLAUGHTER (for herself and Ms. HARMAN) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
To prevent and end the occurrence of sexual assaults 
involving members of the Armed Forces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Force Protection and Readiness Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Sexual Assault Victim Advocate, victim service organization, and health 
care professional privileges in cases arising under Uniform 
Code of Military Justice. 
Sec. 3. Expedited consideration and priority for application for consideration of 
a permanent change of station or unit transfer based on hu-
manitarian conditions for victim of sexual assault. 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
Sec. 4. Codification of required information database on sexual assault inci-
dents involving members of the Armed Forces. 
Sec. 5. Establishment of hotline to improve reporting of sexual assaults involv-
ing members of the Armed Forces. 
Sec. 6. Assignment and training of Sexual Assault Victim Advocates. 
Sec. 7. Provision of court-martial record to victim of sexual assault involving 
a member of the Armed Forces. 
Sec. 8. Legal training for judge advocates to improve investigation and prosecu-
tion of sexual assault offenses. 
SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERV-
ICE ORGANIZATION, AND HEALTH CARE PRO-
FESSIONAL PRIVILEGES IN CASES ARISING 
UNDER UNIFORM CODE OF MILITARY JUS-
TICE. 
(a) PRIVILEGES ESTABLISHED.— 
(1) IN GENERAL.—Subchapter XI of chapter 47 
of title 10, United States Code (the Uniform Code 
of Military Justice), is amended by adding at the 
end the following new section: 
‘‘§ 940a. Art. 140a. Privilege for communication with 
Sexual Assault Victim Advocate, victim 
service organization, or health care pro-
fessional 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘client’ means a person who 
consults with or is examined or interviewed by a 
Sexual Assault Victim Advocate of the Department 
of Defense, a victim service organization or any rep-
resentative of the organization, or a health care pro-
fessional or any representative of the professional. 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(2) The term ‘victim service organization’ 
means an organization (whether public or private) 
that provides advice, counseling, or assistance to vic-
tims of domestic violence, family violence, dating vio-
lence, stalking, or sexual assault, or to the families 
of such victims. 
‘‘(3) The term ‘representative’, with respect to 
an organization or professional, means a person di-
rected by or assigned to assist that organization or 
professional, respectively, in providing advice, coun-
seling, treatment, or assistance. 
‘‘(4) The term ‘confidential communication’ 
means a communication not intended to be disclosed 
to third persons other than— 
‘‘(A) those persons to whom disclosure is 
in furtherance of providing advice, counseling, 
treatment, or assistance to the client; and 
‘‘(B) those persons reasonably necessary 
for facilitating disclosure under subparagraph 
(A). 
‘‘(b) GENERAL RULE OF PRIVILEGE.—(1) A client 
has a privilege to refuse to disclose, and to prevent any 
other person from disclosing, in a case arising under this 
chapter, a confidential communication made between the 
client and a person or entity specified in paragraph (2) 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
if such communication was made for the purpose of secur-
ing advice, counseling, treatment, or assistance concerning 
the client’s mental, physical, or emotional condition caused 
by a sexual assault or other offense covered by section 920 
of this title (article 120). 
‘‘(2) The privilege afforded by paragraph (1) applies 
to confidential communications with— 
‘‘(A) any operator or recording device of the 
Department of Defense sexual assault reporting hot-
line; 
‘‘(B) a Sexual Assault Victim Advocate; 
‘‘(C) a victim service organization or any rep-
resentative of the organization; and 
‘‘(D) a health care professional or any rep-
resentative of the professional. 
‘‘(3) A person referred to in paragraph (2) shall no-
tify clients as soon as practicable of the existence of the 
privilege afforded by paragraph (1). 
‘‘(c) EMERGENCY SHELTER PROTECTION.—A client 
or representative of a client may not be compelled to pro-
vide testimony in a case arising under this chapter (or 
other disciplinary or administrative proceeding of an 
armed force) that would identify— 
‘‘(1) the name, address, location, or telephone 
number of a safe house, abuse shelter, or other facil-
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
ity that provided temporary emergency shelter to the 
victim of the offense or transaction that is the sub-
ject of the proceeding; or 
‘‘(2) the name, address, or telephone number of 
a victim representative. 
‘‘(d) WHO MAY CLAIM THE PRIVILEGE.—The privi-
lege under subsection (b) or (c) may be claimed by the 
client or the guardian or conservator of the client. A per-
son who may claim the privilege may authorize trial coun-
sel or defense counsel to claim the privilege on his or her 
behalf. The Sexual Assault Victim Advocate, victim service 
organization, health care professional, or representative 
who received the communication may claim the privilege 
on behalf of the client. The authority of the Sexual Assault 
Victim Advocate, organization, professional, representa-
tive, guardian, or conservator to assert the privilege is pre-
sumed in the absence of evidence to the contrary. 
‘‘(e) EXCEPTIONS.—There is no privilege under this 
section— 
‘‘(1) when the client is dead, except for the 
privilege under subsection (c); 
‘‘(2) to the extent the communication reports 
child abuse; 
‘‘(3) when a Sexual Assault Victim Advocate, 
victim service organization, health care professional, 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
or representative believes that a mental or emotional 
condition of the client makes the client a danger to 
any person, including the client; or 
‘‘(4) if the communication clearly contemplated 
the future commission of a fraud or crime or if the 
services of the Sexual Assault Victim Advocate, vic-
tim service organization, or health care professional 
are sought or obtained to enable or aid anyone to 
commit or plan to commit what the client knew or 
reasonably should have known to be a crime or 
fraud.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘940a. 140a. Privilege for communication with Sexual Assault Victim Advocate, 
victim service organization, or health care professional.’’. 
(b) APPLICABILITY.—Section 940a of title 10, United 
States Code (article 140a of the Uniform Code of Military 
Justice), as added by subsection (a), applies to commu-
nications made after the date of the enactment of this Act. 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS
SEC. 3. EXPEDITED CONSIDERATION AND PRIORITY FOR 
APPLICATION FOR CONSIDERATION OF A 
PERMANENT CHANGE OF STATION OR UNIT 
TRANSFER BASED ON HUMANITARIAN CONDI-
TIONS FOR VICTIM OF SEXUAL ASSAULT. 
(a) IN GENERAL.—Chapter 39 of title 10, United 
States Code, is amended by inserting after section 672 the 
following new section: 
‘‘§ 673. Consideration of application for permanent 
change of station or unit transfer for 
members on active duty who are the vic-
tim of a sexual assault 
‘‘(a) EXPEDITED CONSIDERATION
AND PRIORITY 
FOR APPROVAL.—To the maximum extent practical, the 
Secretary concerned shall provide for the expedited consid-
eration and approval of an application for consideration 
of a permanent change of station or unit transfer sub-
mitted by a member of the armed forces serving on active 
duty who was a victim of a sexual assault or other offense 
covered by section 920 of this title (article 120) so as to 
reduce the possibility of retaliation against the member 
for reporting the sexual assault. 
‘‘(b) REGULATIONS.—The Secretaries of the military 
departments shall issue regulations to carry out this sec-
tion, within guidelines provided by the Secretary of De-
fense.’’. 
VerDate Mar 15 2010 
03:45 May 21, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5347.IH
H5347
rfrederick on DSKD9S0YB1PROD with BILLS