I 
111TH CONGRESS 
1ST SESSION 
H. R. 840 
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 
FEBRUARY 3, 2009 
Ms. SLAUGHTER (for herself, Mr. BRADY of Pennsylvania, Mr. BRALEY of 
Iowa, Mrs. CAPPS, Mr. COSTA, Mr. CUMMINGS, Ms. EDWARDS of Mary-
land, Ms. DELAURO, Mr. FARR, Mr. GRIJALVA, Mr. HOLT, Ms. LEE of 
California, Mrs. MALONEY, Ms. MATSUI, Ms. MCCOLLUM, Mr. 
MCDERMOTT, Mr. MCGOVERN, Mr. MICHAUD, Ms. LORETTA SANCHEZ 
of California, Ms. SCHAKOWSKY, and Mr. STARK) introduced the fol-
lowing 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 com-
mittee 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. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
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 
‘‘Military Domestic and Sexual Violence Response Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—VICTIMS’ ADVOCATE PROGRAMS IN THE DEPARTMENT 
OF DEFENSE 
Subtitle A—Definitions 
Sec. 101. Definitions relating to sexual assault, domestic violence, etc., in the 
military. 
Subtitle B—Office of Victims’ Advocate and Department of Defense 
Interdisciplinary Council 
Sec. 111. Office of the Victims’ Advocate. 
Sec. 112. Department of Defense Interdisciplinary Council. 
Subtitle C—National and International Hotlines Awareness, Prevention, and 
Intervention Campaign 
Sec. 121. Awareness, prevention, and intervention campaign. 
Subtitle D—Prevention and Intervention Training 
Sec. 131. Prevention and intervention training contracts. 
Subtitle E—Biennial Conference on Sexual Assault and Domestic Violence 
Sec. 141. Sexual Assault and Domestic Violence Conference. 
Subtitle F—Memorandums of Understanding With Civil Organizations 
Sec. 151. Agreements with civilian organizations. 
TITLE II—RIGHTS, RESTITUTION, TREATMENT, AND SERVICES 
FOR VICTIMS 
Subtitle A—Protection of Persons Reporting Sexual Assault or Domestic 
Violence 
Sec. 201. Protection of communications between victims and advocates. 
Sec. 202. Victim service organization privilege and health care professional 
privilege in cases arising under Uniform Code of Military Jus-
tice. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
Subtitle B—Medical Care and Treatment for Victims of Sexual and Domestic 
Violence 
Sec. 211. Enhanced Department of Defense treatment capacity. 
Sec. 212. Community level program. 
Sec. 213. Transition to veterans health care for victims or perpetrators of do-
mestic violence, sexual assault, family violence, or stalking. 
Subtitle C—Military-Civilian Shelter Programs 
Sec. 221. Enhanced capacity of the Department of Defense for shelter pro-
grams and services. 
Subtitle D—Victim’s Rights and Restitution 
Sec. 231. Military law enforcement and victims’ rights. 
Sec. 232. Availability of incident reports. 
Sec. 233. Victim advocates and victims’ rights. 
Sec. 234. Restitution. 
Sec. 235. Records of military justice actions. 
Sec. 236. Travel and transportation of household effects or motor vehicle in re-
sponse to dependent abuse. 
Sec. 237. Technical amendments relating to fatality review panels. 
TITLE III—REPORTING, PROSECUTION, AND TREATMENT OF 
PERPETRATORS 
Subtitle A—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 in-
cidents. 
Sec. 303. Investigation of sexual and domestic violence cases involving Depart-
ment of Defense personnel. 
Subtitle B—Crimes Related to Sexual Assault and Domestic Violence 
CHAPTER 1—FEDERAL CRIMINAL CODE 
Sec. 311. Assimilative crimes. 
Sec. 312. Jurisdiction for sexual assault and domestic violence offenses com-
mitted outside the United States. 
CHAPTER 2—UNIFORM CODE OF MILITARY JUSTICE 
Sec. 316. Domestic violence and family violence. 
Sec. 317. Protective orders. 
Subtitle C—Treatment Services for Perpetrators 
Sec. 321. Enhanced capacity of the Department of Defense for treatment serv-
ices for perpetrators. 
Sec. 322. Sex offender treatment program. 
TITLE IV—COUNSELING AND TREATMENT PROGRAMS OF 
DEPARTMENT OF VETERANS AFFAIRS 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
Sec. 401. Research on best practices to overcome stigma related to military sex-
ual trauma. 
Sec. 402. Training for Department of Veterans Affairs primary care providers. 
Sec. 403. Pilot program on ways to identify veterans who are victims of mili-
tary sexual trauma. 
Sec. 404. Pilot program on treatment of active-duty military personnel through 
facilities of the Department of Veterans Affairs. 
TITLE V—OTHER MATTERS 
Subtitle A—Administration Matters 
Sec. 501. Performance evaluations and benefits. 
Sec. 502. Closure of article 32 investigations in cases of sexual assault or do-
mestic violence. 
Subtitle B—Enhancement of Servicemembers Civil Relief Act 
Sec. 511. Amendments to Servicemembers Civil Relief Act. 
Subtitle C—Research on Prevalence, Needs Assessment, Services, and 
Accountability 
Sec. 521. Research on sexual assault, domestic violence, and family violence in 
the Armed Forces. 
Sec. 522. Research on institutional procedures for reporting sexual assault, do-
mestic violence, and family violence in the Armed Forces. 
Sec. 523. Research on dating violence associated with the Armed Forces. 
Sec. 524. Research on child maltreatment, abuse, and homicide in the Armed 
Forces. 
TITLE 
I—VICTIMS’ 
ADVOCATE 
PROGRAMS IN THE DEPART-
MENT OF DEFENSE 
Subtitle A—Definitions 
SEC. 101. DEFINITIONS RELATING TO SEXUAL ASSAULT, 
DOMESTIC VIOLENCE, ETC., IN THE MILI-
TARY. 
(a) IN GENERAL.—Chapter 1 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘§ 102. Definitions relating to sexual assault, domes-
tic violence, etc. 
‘‘(a) DEFINITIONS RELATING
TO CONDUCT.—The 
following definitions apply in this title: 
‘‘(1) DATING VIOLENCE.—The term ‘dating vio-
lence’ means violence committed by a person who is 
or has been in a social relationship of a romantic or 
intimate nature with the victim. 
‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ has the meaning given that term in sec-
tion 40002(a)(6) of the Violence Against Women 
Act of 1994 (42 U.S.C. 13925(a)(6)). 
‘‘(3) FAMILY VIOLENCE.—The term ‘family vio-
lence’ has the meaning given that term in section 
320(1) of the Family Violence Prevention and Serv-
ices Act (42 U.S.C. 10421(1)). 
‘‘(4) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ has the meaning given that term in section 
40002(a)(23) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)(23)). 
‘‘(5) SEXUAL HARASSMENT.—The term ‘sexual 
harassment’ means any conduct involving sexual 
harassment that— 
‘‘(A) in the case of conduct of a person 
who is subject to the provisions of chapter 47 
of this title (the Uniform Code of Military Jus-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
tice), comprises a violation of a provision of 
subchapter X of such chapter (relating to puni-
tive articles of such Code) or an applicable reg-
ulation, directive, or guideline regarding sexual 
harassment that is prescribed by the Secretary 
of Defense or the Secretary of a military de-
partment; and 
‘‘(B) in the case of an employee of the De-
partment of Defense or a family member sub-
ject to the jurisdiction of the Secretary of De-
fense or of the Secretary of a military depart-
ment, comprises a violation of a regulation, di-
rective, or guideline that is applicable to such 
employee or family member. 
‘‘(6) SEXUAL VIOLENCE.—The term ‘sexual vio-
lence’ means any of the following: 
‘‘(A) Sexual abuse. 
‘‘(B) Sexual assault. 
‘‘(C) Sexual battery. 
‘‘(D) Rape. 
‘‘(7) STALKING.—The term ‘stalking’ has the 
meaning given that term in section 40002(a)(24) of 
the Violence Against Women Act of 1994 (42 U.S.C. 
13925(a)(24)). 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(b) DEFINITIONS RELATING TO VICTIMS.—The fol-
lowing definitions apply in this title: 
‘‘(1) VICTIM.—The term ‘victim’ means a per-
son who is a victim of sexual assault, domestic vio-
lence, family violence, stalking, or sexual misconduct 
committed— 
‘‘(A) by or upon a member of the armed 
forces; 
‘‘(B) by or upon a family member of a 
member of the armed forces; 
‘‘(C) by or upon a person who shares a 
child in common with a member of the armed 
forces; 
‘‘(D) by or upon a person who is cohab-
iting with or has cohabited as a spouse with a 
member of the armed forces; 
‘‘(E) by or upon a person similarly situ-
ated to a spouse of a member of the armed 
forces; or 
‘‘(F) by or upon any other person who is 
protected from the acts of a member of the 
Armed Forces or an officer or employee of the 
Department of Defense in the official capacity 
of that member, officer, or employee. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) REPRESENTATIVE OF THE VICTIM.—The 
term ‘representative of the victim’ means, with re-
spect to a victim who is deceased, the person who is 
listed first among the following (other than a person 
who is considered a perpetrator with respect to the 
victim): 
‘‘(A) The surviving spouse. 
‘‘(B) A surviving child of the decedent who 
has attained 18 years of age. 
‘‘(C) A surviving parent of the decedent. 
‘‘(D) A surviving adult relative. 
‘‘(E) The public administrator appointed 
by a probate court, if one has been appointed. 
‘‘(3) PARTNER.—The term ‘partner’ means any 
of the following: 
‘‘(A) A person who is or has been in a so-
cial relationship of a romantic or intimate na-
ture with another. 
‘‘(B) A person who shares a child in com-
mon with another person. 
‘‘(C) A person who is cohabiting with or 
has cohabited as a spouse by regularly residing 
in the household. 
‘‘(D) A person similarly situated to a 
spouse. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(E) A former spouse. 
‘‘(c) DEFINITIONS RELATING TO PROGRAMS AND OR-
GANIZATIONS.—The following definitions apply in this 
title: 
‘‘(1) VICTIMS’ 
ADVOCATES
PROGRAM.—The 
term ‘victims’ advocates program’ means a program 
established within a military department pursuant to 
section 1814(a) of this title. 
‘‘(2) FAMILY ADVOCACY PROGRAM.—The term 
‘family advocacy program’ has the meaning provided 
in Department of Defense Directive 6400.1, issued 
by the Office of Family Policy of the Department of 
Defense. 
‘‘(3) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘victim services organization’ means an organi-
zation (whether public or private) that provides ad-
vice, counseling, or assistance to victims of domestic 
violence, family violence, dating violence, stalking, or 
sexual assault, or to the families of such victims. 
‘‘(d) OTHER.—The following definitions apply in this 
title: 
‘‘(1) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—The term ‘personally identifying information’ 
has the meaning given that term in section 1816(b) 
of this title. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) ELECTRONIC COMMUNICATION.—The term 
‘electronic communication’ has the meaning given 
that term in section 2510(12) of title 18. 
‘‘(3) 
TRANSITIONAL
HOUSING.—The 
term 
‘transitional housing’ has the meaning given that 
term in section 424(b) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11384(b)), ex-
cept that the term includes short-term housing. 
‘‘(4) COMPLAINT.—The term ‘complaint’, with 
respect to an allegation of family violence, sexual as-
sault, stalking, or domestic violence, includes a re-
port of such allegation. 
‘‘(5) MILITARY
LAW
ENFORCEMENT
OFFI-
CIAL.—The term ‘military law enforcement official’ 
means a person authorized under regulations gov-
erning the armed forces to apprehend persons sub-
ject to chapter 47 of this title (the Uniform Code of 
Military Justice) or to trial thereunder. 
‘‘(e) PROOF OF RELATIONSHIP.—For purposes of ap-
plying the definitions in subsection (a)(1) (relating to dat-
ing violence) and subsection (b)(3) (relating to partner), 
the existence of a relationship as described in that sub-
section shall be determined based on a consideration of— 
‘‘(1) the length of the relationship; 
‘‘(2) the type of relationship; and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(3) the frequency of interaction between the 
persons involved in the relationship.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘Sec. 102. Definitions relating to sexual assault, domestic violence, etc.’’. 
Subtitle B—Office of Victims’ Advo-
cate and Department of Defense 
Interdisciplinary Council 
SEC. 111. OFFICE OF THE VICTIMS’ ADVOCATE. 
(a) IN GENERAL.—Part II of subtitle A of title 10, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 90—OFFICE OF THE VICTIMS’ 
ADVOCATE 
‘‘Sec. 1811. Office of the Victims’ Advocate: establishment; Director. 
‘‘Sec. 1812. Office of the Victims’ Advocate: responsibilities. 
‘‘Sec. 1813. Office of the Victims’ Advocate: comprehensive policy on prevention 
of and response to domestic violence, family violence, sexual as-
sault and stalking involving members of the Armed Forces and 
their families and partners. 
‘‘Sec. 1814. Victims’ advocates programs in the military departments. 
‘‘Sec. 1815. Office of the Victims’ Advocate: access. 
‘‘Sec. 1816. Office of the Victims’ Advocate: confidentiality. 
‘‘Sec. 1817. Office of the Victims’ Advocate: victim protection actions. 
‘‘Sec. 1818. Office of the Victims’ Advocate: victims advocates whistleblower 
protections. 
‘‘Sec. 1819. Office of the Victims’ Advocate: annual assessment. 
‘‘Sec. 1820. Office of the Victims’ Advocate: annual report. 
‘‘Sec. 1821. Requirements on use of funds. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6211
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘§ 1811. Office of the Victims’ Advocate: establish-
ment; Director 
‘‘(a) ESTABLISHMENT.—There is in the Office of the 
Secretary of Defense an Office of the Victims’ Advocate 
(hereinafter in this chapter referred to as the ‘Office’). 
‘‘(b) DIRECTOR.—(1) The head of the Office is a Di-
rector, who shall be a person with knowledge of victims’ 
rights, advocacy, social services, and Federal, State, and 
military systems. The Director shall oversee the victims’ 
advocate programs and the family advocacy programs of 
the Department of Defense. 
‘‘(2) The Director shall be a person who is qualified 
by training and expertise to perform the responsibilities 
of the Director and who has a significant level of experi-
ence in advocacy for victims of sexual assault, domestic 
violence, family violence, and stalking. 
‘‘(3) The position of Director is a Senior Executive 
Service position. The Secretary of Defense shall designate 
the position as a career reserved position under section 
3132(b) of title 5. 
‘‘(4) The Secretary of Defense shall consult with the 
interdisciplinary council established under section 185 of 
this title in the appointment of the Director. 
‘‘(c) VICTIMS’ ADVOCATES.—(1) Victims’ advocates 
shall be assigned to, employed by, or contracted for by 
the Director and shall be assigned to the Director. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) Victim advocates shall be qualified by training, 
expertise, and certification to perform the responsibilities 
of the position and possessing a significant level of knowl-
edge relative to the armed forces and experience in advo-
cacy for victims of sexual assault, domestic violence, fam-
ily violence, and stalking. 
‘‘(3) The victim advocates report to the Director or 
to the Director’s designee within the Office. 
‘‘§ 1812. Office of the Victims’ Advocate: responsibil-
ities 
‘‘(a) GENERAL FUNCTIONS.—(1) The Office shall fa-
cilitate access to services for victims of domestic violence, 
family violence, sexual assault, and stalking. 
‘‘(2) The Office shall provide for victim advocates in 
the Department of Defense for purposes of victims’ advo-
cates programs of the Department. Victims’ advocates 
may be Department of Defense employees or contractor 
employees. The Director shall ensure that victim advocates 
receive or have received specialized training in the coun-
seling and support of victims. 
‘‘(b) QUALIFICATIONS OF VICTIM ADVOCATES.—In 
order to be employed as a victim advocate by the Depart-
ment of Defense or under a contract with the Department 
of Defense, an individual— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(1) must have a degree in counseling or a re-
lated field or have one year of counseling experience, 
at least six months of which must have been in the 
counseling of sexual assault or domestic violence vic-
tims; and 
‘‘(2) must have had at least 60 hours of train-
ing as specified by regulations prescribed by the Di-
rector, including training in the following areas: 
‘‘(A) History of domestic violence and sex-
ual assault. 
‘‘(B) Civil, criminal, and military law as it 
relates to domestic violence and sexual assault. 
‘‘(C) Societal attitudes. 
‘‘(D) Peer counseling techniques. 
‘‘(E) Housing. 
‘‘(F) Public and private assistance avail-
able to victims. 
‘‘(G) Financial resources for victims. 
‘‘(H) Safety and protection resources for 
victims. 
‘‘(I) Victim and transitional compensation. 
‘‘(J) Benefits. 
‘‘(K) Referral services available to victims. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(L) Military culture and an under-
standing of how to operate within a military 
chain of command. 
‘‘(c) HEALTH CARE ASSISTANCE.—Upon request of 
a victim of domestic violence, family violence, sexual as-
sault, or stalking, the Director shall assist the victim in 
obtaining from any facility of the uniformed services or 
any other health care facility of the United States or, by 
contract, from any other source, medical services, coun-
seling, and other mental health services appropriate for 
treatment of injuries resulting from the domestic violence, 
family violence, sexual assault, or stalking, as otherwise 
authorized by law, including— 
‘‘(1) rape evidence kits; 
‘‘(2) DNA testing; 
‘‘(3) sexually transmitted diseases screening and 
treatment, including Hepatitis B and Hepatitis C screen-
ing and treatment; 
‘‘(4) HIV screening and treatment; 
‘‘(5) pregnancy testing; 
‘‘(6) methods of pregnancy prevention approved by 
the Food and Drug Administration; 
‘‘(7) reproductive health services; and 
‘‘(8) other mental and physiological results of the do-
mestic violence, sexual assault, or stalking. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(d) GENERAL COORDINATION FUNCTIONS.—The 
Director shall coordinate programs and activities of the 
military departments relative to services and treatment for 
victims of domestic violence, family violence, sexual as-
sault, and stalking. 
‘‘(e) EVALUATION
AND
REVIEW
RESPONSIBIL-
ITIES.—The Director shall carry out the following ongoing 
evaluations and reviews: 
‘‘(1) Evaluation of the policies and protocols es-
tablished by the military departments providing serv-
ices and treatment referred to in subsection (e), with 
a view towards the rights of victims of domestic vio-
lence, family violence, sexual assault, and stalking. 
‘‘(2) Evaluation of the programs established by 
the military departments providing services to vic-
tims of domestic violence, family violence, sexual as-
sault, and stalking. 
‘‘(3) Evaluation of the delivery of services of 
the military departments that provide services and 
treatment to victims of domestic violence, family vio-
lence, sexual assault, and stalking through funds 
provided by the Department of Defense, Department 
of Justice, or Department of Health and Human 
Services. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(4) Annual review of the facilities of the De-
partment of Defense providing services to victims of 
domestic violence, family violence, sexual assault, or 
stalking. 
‘‘(5) Annual review of the National Domestic 
Violence Hotline, the National Sexual Assault Hot-
line, and the American Women Overseas Hotline rel-
ative to projects for military personnel, families, and 
partners and for victims of domestic violence, family 
violence, sexual assault, or stalking. 
‘‘(6) Annual review of the victim witness assist-
ance programs within the Department of Defense. 
‘‘(7) Review of information from an individual 
(and of any investigation resulting from the submis-
sion of such information) indicating that a victim 
may be in need of, or would benefit from, assistance 
from a victim advocate. 
‘‘(f) EDUCATION
AND
TRAINING
RESPONSIBIL-
ITIES.—(1) The Director shall conduct, or provide for the 
conduct of, training and shall provide technical assistance 
related to domestic violence, family violence, sexual as-
sault, and stalking within the military departments. Such 
training shall be mandatory, as prescribed by the Director, 
except to the extent necessary due to military exigencies. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) The Director shall develop curricula for manda-
tory training of personnel, including first responders, secu-
rity forces, law enforcement, medical personnel, command 
staff, military justice personnel, and military criminal in-
vestigators. 
‘‘(3) The Director shall conduct education and out-
reach programs. Such programs shall include the develop-
ment and distribution of brochures, booklets, posters, and 
handbooks outlining hotlines, services, contact informa-
tion, policies, and protocols for victims. 
‘‘§ 1813. Office of the Victims’ Advocate: comprehen-
sive policy on prevention of and response 
to domestic violence, family violence, sex-
ual assault and stalking involving mem-
bers of the Armed Forces and their fami-
lies and partners 
‘‘(a) RESPONSIBILITY.—The Secretary of Defense, 
acting through the Director of the Office, shall implement 
the comprehensive policy developed pursuant to subsection 
(c), subject to such modifications as the Secretary con-
siders advisable. 
‘‘(b) APPLICATION OF COMPREHENSIVE POLICY TO 
MILITARY DEPARTMENTS.—The Secretary shall ensure 
that, to the maximum extent practicable, the policy imple-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
mented pursuant to subsection (a) is implemented uni-
formly by the Secretaries of the military departments. 
‘‘(c) POLICY.—(1) The Director shall recommend to 
the Secretary of Defense a comprehensive policy on pre-
vention of and response to domestic violence, family vio-
lence, sexual assault and stalking involving members of 
the armed forces and their families and partners. The 
comprehensive policy should be as uniform as practicable 
throughout the Department of Defenses and shall, to the 
extent feasible, incorporate and strengthen policies pre-
viously in existence. 
‘‘(2) To the extent feasible, the comprehensive policy 
shall set forth policies and procedures with respect to each 
of domestic violence, family violence, sexual assault, and 
stalking in each of the following areas: 
‘‘(A) Prevention measures. 
‘‘(B) Education and training on prevention and 
response. 
‘‘(C) Investigation of complaints by command 
and law enforcement personnel. 
‘‘(D) Medical treatment of victims. 
‘‘(E) Confidential reporting of incidents. 
‘‘(F) Victim advocacy and response. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(G) Oversight by commanders of administra-
tive and disciplinary actions in response to substan-
tiated incidents. 
‘‘(H) Disposition of victims, including review by 
appropriate authority of administrative separation 
actions involving victims. 
‘‘(I) Disposition of members of the armed 
forces accused of domestic violence, family violence, 
sexual assault, or stalking. 
‘‘(J) Liaison and collaboration with civilian 
agencies on the provision of services to victims. 
‘‘(K) Uniform collection of data on the inci-
dence of complaints of domestic violence, family vio-
lence, sexual assault, and stalking and on discipli-
nary actions taken in those cases, with such data to 
be disaggregated by service and by major installa-
tion. 
‘‘(3) The comprehensive policy shall include for each 
of the military departments the following: 
‘‘(A) A program to promote awareness of the 
incidence of domestic violence, family violence, sex-
ual assault, and stalking involving members of the 
armed forces. 
‘‘(B) A program to provide victim advocacy and 
intervention for members of the armed forces who 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
are victims of domestic violence, family violence, sex-
ual assault, and stalking, which program shall make 
available, at military installations and in deployed lo-
cations, victims advocates who are readily available 
to intervene on behalf of such victims. 
‘‘(C) Procedures for members of the armed 
forces to follow in the case of an incident of domes-
tic violence, family violence, sexual assault, or stalk-
ing involving a member of the Armed Forces, includ-
ing— 
‘‘(i) procedures for confidential reporting 
and for seeking services with victim advocates; 
‘‘(ii) specification of the person or persons 
to whom the alleged offense should be reported; 
‘‘(iii) specification of any other person 
whom the victim should contact; and 
‘‘(iv) procedures for the preservation of 
evidence. 
‘‘(D) Procedures for disciplinary action in cases 
of domestic violence, family violence, sexual assault, 
and stalking by members of the armed forces. 
‘‘(E) Other sanctions authorized to be imposed 
in cases of sexual assault by members of the armed 
forces. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(F) Training for all members of the armed 
forces, including specific training for members of the 
armed forces who process allegations of domestic vi-
olence, family violence, sexual assault, and stalking 
committed by or upon members of the armed forces. 
‘‘(G) Any other matter that the Secretary of 
Defense, in consultation with the Director of the Of-
fice of the Victims’ Advocate, considers appropriate. 
‘‘(d) RECOMMENDATIONS.—The Director shall from 
time to time recommend to the Secretary of Defense revi-
sions to Department of Defense policies, personnel, and 
procedures for dealing with domestic violence, family vio-
lence, sexual assault, and stalking based on evaluations 
carried out under section 1818(b) of this title and as the 
Director considers appropriate. 
‘‘(e) PROCEDURES
TO
PROTECT
CONFIDENTIAL 
COMMUNICATIONS.—The Director shall establish proce-
dures to implement the protection of confidential commu-
nications provided under section 1816 of this title. 
‘‘§ 1814. Victims’ advocates programs in the military 
departments 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of De-
fense, acting through the Director of the Office, shall re-
quire that policies and regulations of the Department of 
Defense with respect to the programs of the Department 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
of Defense specified in paragraph (2) provide within each 
of the military departments a victims’ advocates program. 
‘‘(2) Programs referred to in paragraph (1) are the 
following: 
‘‘(A) Victim and witness assistance programs. 
‘‘(B) Family advocacy programs. 
‘‘(C) Equal opportunity programs. 
‘‘(3) In the case of the Department of the Navy, sepa-
rate victims’ advocates programs shall be established for 
the Navy and for the Marine Corps. 
‘‘(b) PURPOSE.—A victims’ advocates program estab-
lished pursuant to subsection (a) shall provide assistance 
described in subsection (d) to members of the armed 
forces and their family members and partners who are vic-
tims of any of the following: 
‘‘(1) Crime. 
‘‘(2) Sexual, physical, or emotional abuse. 
‘‘(3) Discrimination or harassment based on 
race, gender, ethnic background, national origin, or 
religion. 
‘‘(c) ASSISTANCE.—(1) Under a victims’ advocates 
program established under subsection (a), individuals 
working in the program shall principally serve the inter-
ests of a victim by initiating action to provide the fol-
lowing: 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(A) Crisis intervention. 
‘‘(B) Screening and evaluation of the needs of 
victims of domestic violence, family violence, sexual 
assault, and stalking. 
‘‘(C) Information on safe and confidential ways 
to seek assistance to address domestic violence, fam-
ily violence, sexual assault, and stalking. 
‘‘(D) Information on available services within 
the military departments and civilian communities. 
‘‘(E) Assistance in obtaining the services re-
ferred to in subparagraph (D), including medical 
treatment for injuries. 
‘‘(F) Appropriate referrals to military and civil-
ian community-based domestic violence programs 
and sexual assault victim service providers with the 
capacity to support members of the armed forces 
and their family members or partners. 
‘‘(G) Information on legal rights and resources 
for personnel, family members, or partners in both 
the military and civilian programs. 
‘‘(H) Development and coordination of a safety 
plan with appropriate assistance and intervention 
components including, law enforcement, command, 
and Family Advocacy Program. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(I) Advocacy for victims specified in subsection 
(b), including assistance in obtaining and entering 
no contact orders from military commands or orders 
of protection from a court of appropriate jurisdic-
tion, respectively. 
‘‘(J) Information on benefits, including Depart-
ment of Defense transitional compensation, victims 
of crime compensation, and veterans’ benefits. 
‘‘(K) Coordination among services, including 
medical, legal, and psychological counseling. 
‘‘(L) Education. 
‘‘(M) Transportation. 
‘‘(N) Pre-trial, trial, and post-trial support. 
‘‘(2) Under a victims’ advocates program established 
under subsection (a), an individual working in the pro-
gram as a victim advocate shall carry out the following 
functions: 
‘‘(A) Serve as a voting member of the case re-
view committee of the Department of Defense for 
any case to which the victim advocate is assigned. 
‘‘(B) Serve as a liaison with civilian community- 
based service providers. 
‘‘(C) Provide for confidential handling of all 
documents or conversations relative to victim care, 
services, benefits, and treatment. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(D) Provide advocacy for the expressed inter-
est and safety of a victim during testimony in a 
court-martial or civilian judicial system. 
‘‘(E) Provide follow-up to all identified victims 
(including those who have declined services) three 
months following initial contact to ascertain whether 
further intervention is, or is not, warranted. 
‘‘(F) Provide other appropriate assistance. 
‘‘(3) Services under such a program in the case of 
an individual who is a victim of family violence (including 
sexual, physical, and emotional abuse) shall be provided 
principally through the Office. 
‘‘(d) STAFFING.—The Secretary of Defense, acting 
through the Director of the Office, shall provide for the 
assignment of personnel (military or civilian) on a full- 
time basis to victims’ advocates programs established 
under subsection (a). The Secretary, acting through the 
Director, shall ensure that sufficient numbers of such full- 
time personnel are assigned to those programs to enable 
the programs to be carried out effectively, including the 
assignment of victim advocates to deployed units. 
‘‘§ 1815. Office of the Victims’ Advocate: access 
‘‘(a) ACCESS TO SENIOR OFFICIALS.—The Director 
of the Office shall have direct and prompt access to any 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
of the following when necessary for any purpose pertaining 
to the performance of the Director’s duties: 
‘‘(1) The Judge Advocate General of the Army, 
Navy, or Air Force or the Staff Judge Advocate to 
the Commandant of the Marine Corps. 
‘‘(2) The Surgeon General of the Army, Navy, 
or the Air Force. 
‘‘(3) The Chief of Chaplains of the Army, Navy, 
or the Air Force. 
‘‘(4) The senior general or flag officer of one of 
the Armed Forces with responsibility specifically for 
personnel. 
‘‘(b) ACCESS TO INFORMATION.—The Director shall 
have direct and prompt access to the following: 
‘‘(1) The name and location of a victim receiv-
ing services, treatment, or other assistance under 
the jurisdiction of a military department. 
‘‘(2) Any written report of sexual assault, sex-
ual misconduct, domestic violence, family violence, or 
stalking prepared by a military department. 
‘‘(3) Victim case files, subject to the informed, 
written, and time-sensitive authorization of the vic-
tim, in records of law enforcement, criminal inves-
tigative organizations, health care providers, and 
command and Family Advocacy Programs, as may 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
be necessary to carry out the responsibilities of the 
Office. 
‘‘(c) FAILURE TO PROVIDE AUTHORIZATION.—The 
failure of a victim to provide authorization under sub-
section (b)(3) shall not interfere with a case moving for-
ward. 
‘‘(d) CONFIDENTIALITY.—To the extent that any in-
formation covered by subsection (b) provides the name and 
address of an individual who is the subject of a confiden-
tial proceeding, that name and address (and related infor-
mation that has the effect of identifying that individual) 
may not be released to the public without the informed 
written consent of such individual. 
‘‘§ 1816. Office of the Victims’ Advocate: confiden-
tiality 
‘‘(a) CONFIDENTIALITY.—(1) Except as provided in 
paragraph (2), in order to ensure the safety of victims of 
domestic violence, family violence, sexual assault, sexual 
misconduct, or stalking and their families, the Director 
shall protect the confidentiality and privacy of persons re-
ceiving services. The Director may not disclose any per-
sonally identifying information or individual information 
collected in connection with services requested, used, or 
denied through its programs. The Director may not reveal 
individual victim information without the informed, writ-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
ten, reasonably time-limited consent of the person (or in 
the case of unemancipated minor, the minor and the par-
ent or guardian) about whom information is sought. 
‘‘(2) If release of information referred to in para-
graph (1) is compelled by law or by court order, the Direc-
tor shall make reasonable attempts to provide notice to 
victims affected by the disclosure of the information. If 
such personally identifying information is or will be re-
vealed, the Director shall take steps necessary to protect 
the privacy and safety of the persons affected by the re-
lease of the information. 
‘‘(3) The Director may share nonpersonally identi-
fying data in the aggregate regarding services to victims 
and nonpersonally identifying demographic information in 
order to comply with reporting, evaluation, or data collec-
tion requirements of the armed forces or of Federal, State, 
or local or tribal government or the government of the Dis-
trict of Columbia or any territory or commonwealth. 
‘‘(4) The Director may share court-generated infor-
mation contained in secure, governmental registries for 
purposes of enforcement of protection orders. 
‘‘(b) PERSONALLY IDENTIFYING INFORMATION.—In 
this section, the term ‘personally identifying information’ 
means the following information about an individual: 
‘‘(1) A first and last name. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) A home or other physical address, includ-
ing street name and name of city or town. 
‘‘(3) An email address or other online contact 
information, such as an instant messaging user iden-
tifier or a screen name, that reveals the individual’s 
email address. 
‘‘(4) A telephone number. 
‘‘(5) A Social Security number. 
‘‘(6) An Internet Protocol (IP) address or host 
name that identifies an individual. 
‘‘(7) A persistent identifier, such as a customer 
number held in a cookie or processor serial number, 
that is combined with other available data that iden-
tifies an individual. 
‘‘(8) If the individual is a member or former 
member of the armed forces— 
‘‘(A) the status of the individual as a 
member of an active component or reserve com-
ponent or as a veteran; 
‘‘(B) the individual’s current or most re-
cent grade, rate, or rank; 
‘‘(C) the individual’s current or most re-
cent duty station or deployment status; and 
‘‘(D) the individual’s current or most re-
cent unit at a level below regiment (or the 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
equivalent), numbered air force (or the equiva-
lent), or numbered fleet (or the equivalent). 
‘‘(9) Any other information, including grade 
point average, date of birth, academic or occupa-
tional assignments or interests, athletic or extra-
curricular interests, racial or ethnic background, or 
religious affiliation, that, in combination with infor-
mation specified in any of paragraphs (1) through 
(8), would serve to identify an individual. 
‘‘§ 1817. Office of the Victims’ Advocate: victim pro-
tection actions 
‘‘(a) ORDERS OF PROTECTION.—The Director of the 
Office of the Victims’ Advocate, when authorized by a vic-
tim of sexual misconduct, sexual assault, family violence, 
domestic violence, or stalking, shall assist the victim in 
obtaining from any military command a military no-con-
tact order or from a court of appropriate jurisdiction an 
order of protection, respectively, to safeguard the victim 
from additional physical or emotional harm. 
‘‘(b) REMOVAL OF AN ALLEGED OFFENDER.—If the 
Director determines that it is appropriate to do so in order 
to ensure the safety of a victim, the Director may request 
from the appropriate commanding officer an order for the 
relocation or reassignment of an alleged offender who is 
a member of the armed forces during an investigation, dis-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
ciplinary action, or court-martial in order to ensure the 
safety of a victim. 
‘‘§ 1818. Office of the Victims’ Advocate: victims’ advo-
cates whistleblower protections 
‘‘(a) WHISTLEBLOWER PROTECTIONS.—(1) No per-
son may restrict a victim advocate within the Department 
of Defense in communicating with a victim or survivor of 
domestic violence, sexual assault, family violence, or stalk-
ing. 
‘‘(2) Paragraph (1) does not apply to a communica-
tion that is unlawful. 
‘‘(b) PROHIBITION
OF RETALIATORY PERSONNEL 
ACTIONS.—No person may take or threaten to take an 
unfavorable personnel action, or withhold or threaten to 
withhold a favorable personnel action, against a victim ad-
vocate as a reprisal for— 
‘‘(1) providing services to victims and survivors 
of domestic violence, sexual assault, family violence, 
intimate partner violence, or stalking; 
‘‘(2) a communication to a Member of Congress 
or an Inspector General; 
‘‘(3) a communication with a military law en-
forcement officer or official, a military criminal in-
vestigator, a judge advocate, or an officer in the 
chain of command; 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(4) a communication with civilian law enforce-
ment, county, State, or United States attorneys, 
court officials, probation officers, or victim service 
providers; or 
‘‘(5) any other person or organization, including 
any person or organization in the chain of command, 
in the course of providing services to a victim or sur-
vivor. 
‘‘(c) PROHIBITED PERSONNEL ACTIONS.—Any ac-
tion prohibited by subsection (b), including the threat to 
take any unfavorable action and the withholding or threat 
to withhold any favorable action, shall be considered for 
the purposes of this section to be a personnel action pro-
hibited by this section. 
‘‘(d) INVESTIGATION OF ALLEGATIONS OF PROHIB-
ITED PERSONNEL ACTIONS.—(1) If a victim advocate 
submits to an Inspector General an allegation that a per-
sonnel action prohibited by subsection (b) has been taken 
or threatened against the victim advocate with respect to 
a communication described in paragraph (2), the Inspec-
tor General shall take the action required in this section. 
‘‘(2) A communication described in this paragraph is 
a communication in which the victim advocate reasonably 
believes constitutes evidence of any of the following: 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(A) A violation of law or regulation, including 
a law or regulation prohibiting domestic violence, 
sexual assault, family violence, or stalking. 
‘‘(B) Gross mismanagement, an abuse of au-
thority, or a substantial danger to community safety 
or public health. 
‘‘(3)(A) If the Inspector General receiving such an 
allegation is an Inspector General within a military de-
partment, that Inspector General shall promptly notify the 
Inspector General of the Department of Defense of the 
allegation. Such notification shall be made in accordance 
with regulations prescribed under subsection (e). 
‘‘(B) An Inspector General of the Department of De-
fense receiving an allegation as described in this section 
shall expeditiously determine, in accordance with regula-
tions prescribed under subsection (e), whether there is suf-
ficient evidence to warrant an investigation of the allega-
tion. 
‘‘(C) Upon determining that an investigation of an 
allegation under this section is warranted, the Inspector 
General making the determination shall expeditiously in-
vestigate the allegation. 
‘‘(4) The Inspector General of the Department of De-
fense shall ensure that the Inspector General conducting 
the investigation of an allegation under this subsection is 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
outside the immediate chain of command of both the vic-
tim advocate submitting the allegation and the individual 
or individuals alleged to have taken the retaliatory action. 
‘‘(5) Upon receiving an allegation under this sub-
section, the Inspector General shall conduct a separate in-
vestigation of the information that the victim advocate 
making the allegation believes constitutes evidence of 
wrongdoing as described in subparagraph (A) or (B) of 
paragraph (2) if there previously has not been such an 
investigation or if the Inspector General determines that 
the original investigation was biased or otherwise inad-
equate. 
‘‘(6)(A) After completion of an investigation under 
paragraphs (3), (4), or (5), the Inspector General con-
ducting the investigation shall submit a report on the re-
sults of the investigation to the Secretary of Defense and 
the Director of the Office of the Victims’ Advocate and 
shall transmit a copy of the report on the results of the 
investigation to the victim advocate who made the allega-
tion investigated. The report shall be transmitted to the 
Secretary of Defense and the Director of the Office of the 
Victims’ Advocate, and the copy of the report shall be 
transmitted to the victim advocate, not later than 30 days 
after the completion of the investigation. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(B) In the copy of the report transmitted to the vic-
tim advocate, the Inspector General shall ensure that the 
maximum disclosure of information possible, with the ex-
ception of information that is not required to be disclosed 
under section 552 of title 5. However, the copy need not 
include summaries of interviews conducted, nor any docu-
ment acquired, during the course of the investigation. 
Such items shall be transmitted to the victim advocate, 
if the victim advocate requests the items, with the copy 
of the report or after the transmittal to the victim advo-
cate of the copy of the report, regardless of whether the 
request for those items is made before or after the copy 
of the report is transmitted to the victim advocate. 
‘‘(C) If, in the course of an investigation of an allega-
tion under this section, the Inspector General determines 
that it is not possible to submit the report required by 
subparagraph (A) within 180 days after the date of receipt 
of the allegation being investigated, the Inspector General 
shall provide to the Secretary of Defense and to the victim 
advocate making the allegation a notice— 
‘‘(i) of that determination including the reasons 
why the report may not be submitted within that 
time; and 
‘‘(ii) of the time when the report will be sub-
mitted. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(D) The report on the results of the investigation 
shall contain a thorough review of the facts and cir-
cumstances relevant to the allegation and the complaint 
or disclosure and shall include documents acquired during 
the course of the investigation, including summaries of 
interviews conducted. The report may include a rec-
ommendation as to the disposition of the complaint. 
‘‘(e) REGULATIONS.—(1) The Secretary of Defense 
shall prescribe regulations to carry out this section. In pre-
scribing regulations under this section, the Secretary of 
Defense shall provide for appropriate procedural protec-
tions for the subject of any investigation carried out under 
the provisions of this section, including a process of appeal 
and review of investigative findings. 
‘‘(2) The Secretary shall provide in the regulations 
that a violation of the prohibition by a person subject to 
chapter 47 of this title is punishable as a violation of sec-
tion 892 of this title (article 92 of the Uniform Code of 
Military Justice). 
‘‘§ 1819. Office of the Victims’ Advocate: annual as-
sessment 
‘‘(a) DATA COMPLIANCE AND REPORTING.—The Di-
rector of the Office of the Victims’ Advocate shall annually 
compile data collected during the preceding year by the 
military departments relating to incidents of domestic vio-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
lence, family violence, sexual assault, and stalking. The 
data shall be compiled pursuant to policies set forth by 
the Director. 
‘‘(b) ASSESSMENT
OF
POLICIES
AND
PROCE-
DURES.—Not later than January 15 each year, the Direc-
tor shall conduct an assessment of the implementation 
during the preceding fiscal year of the policies and proce-
dures of the military departments on the prevention of and 
response to domestic violence, family violence, sexual as-
sault, and stalking involving members of the armed forces 
in order to determine the effectiveness of such policies and 
procedures during such fiscal year. 
‘‘(c) PERSONNEL ANALYSIS.—The annual assess-
ment under subsection (b) shall include a review of per-
sonnel, including staffing levels, assignments, accessibility, 
availability, training, and duties of victim advocates, vic-
tim witness liaisons, sexual assault nurse examiners, and 
others considered appropriate by the Director assigned to 
assist victims of domestic violence, sexual assault, family 
violence, and stalking. The assessment shall include a re-
view of personnel assigned to deployed units, along with 
recommendations to enhance availability, accessibility, and 
training for such personnel. 
‘‘(d) ASSESSMENT OF STATUTES AND DIRECTIVES.— 
In order to enhance the foundation of law and policy with-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
in the military departments in response to domestic vio-
lence, family violence, sexual assault, and stalking, the an-
nual assessment under subsection (b) shall include a re-
view of— 
‘‘(1) chapter 47 of this title (the Uniform Code 
of Military Justice), the provisions of law in force at 
the time of the assessment that were originally en-
acted by the Victims’ Rights and Restitution Act or 
the Violence Against Women Act, and other Federal 
statutes applicable to domestic violence, sexual as-
sault, family violence, and stalking; 
‘‘(2) directives of the military departments; and 
‘‘(3) regulations of the military departments 
considered appropriate by the Director. 
‘‘§ 1820. Office of the Victims’ Advocate: annual re-
port 
‘‘(a) ANNUAL REPORT.—(1) Not later than January 
15 of each year, the Director shall submit to the Secretary 
of Defense a report on domestic violence, family violence, 
sexual assault, and stalking involving members of the 
Armed Forces during the preceding year. 
‘‘(2) Each report under paragraph (1) shall include 
the following: 
‘‘(A) The most recent compilation of data under 
section 1819(a) of this title; together with a com-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
parison of that data (or subsets of that data) with 
comparable data from the civilian sector. 
‘‘(B) The results of the most recent assessment 
under section 1819(b) of this title. 
‘‘(C) The number of incidents of domestic vio-
lence, family violence, sexual assault, and stalking 
committed by or upon members of the armed forces 
that were reported to military officials during the 
year covered by the report and the number of the 
cases so reported that were substantiated. 
‘‘(D) A summary of the types of cases and the 
disciplinary action taken in each type of case. 
‘‘(E) The policies, procedures, and processes 
implemented by the military departments during the 
year covered by the report in response to incidents 
of domestic violence, family violence, sexual assault, 
and stalking involving members of the armed forces. 
‘‘(F) A plan for the actions that are to be taken 
in the fiscal year following the fiscal year covered by 
the report on the prevention of and response to do-
mestic violence, family violence, sexual assault, and 
stalking involving members of the armed forces. 
‘‘(b) TRANSMISSION OF REPORT TO CONGRESSIONAL 
COMMITTEES.—The Secretary of Defense shall transmit 
to the Committee on Armed Services of the Senate and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
the Committee on Armed Services of the House of Rep-
resentatives each annual report submitted to the Secretary 
under subsection (a), together with the comments of the 
Secretary on such report. The Secretary shall transmit the 
report for any year not later than March 15 of the fol-
lowing year. 
‘‘§ 1821. Requirements on use of funds 
‘‘(a) REQUIREMENTS.—Of the amounts appropriated 
to carry out the functions of the Office for any fiscal year, 
the Secretary— 
‘‘(1) shall use not less than 20 percent for pro-
grams addressing domestic violence, family violence, 
sexual assault, and stalking that are operated by, or 
in partnership with, civilian victim services; and 
‘‘(2) shall use not less than 5 percent for tech-
nical assistance and training to be provided by orga-
nizations having demonstrated expertise in devel-
oping collaborative community and system responses 
to domestic violence, family violence, sexual assault, 
and stalking. 
‘‘(b) TECHNICAL
ASSISTANCE
AND
TRAINING.— 
Technical assistance and training under subsection (a)(2) 
may be offered to the elements of the Armed Forces, in-
stallations, or commands in the process of developing com-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
munity responses, whether they are receiving funds under 
this section or not.’’ 
(b) TRANSITION PROVISIONS.— 
(1) COMPREHENSIVE POLICY.—The policy re-
quired by section 1812(a) of title 10, United States 
Code, as added by subsection (a), shall be prescribed 
by the Secretary of Defense not later than the end 
of the 120-day period beginning on the date of the 
enactment of this Act. 
(2) WHISTLEBLOWER
PROTECTION
REGULA-
TIONS.—The regulations required by section 1817(e) 
of title 10, United States Code, as added by sub-
section (a), shall be prescribed by the Secretary of 
Defense not later than 120 days after the date of 
the enactment of this Act. 
(3) FIRST ANNUAL REPORT.—The first report 
under subsection (a) of section 1819(a) of such title, 
as added by subsection (a)— 
(A) shall be submitted to the Secretary of 
Defense not later than April 1 of the year after 
the year in which this Act is enacted (notwith-
standing the date specified in that subsection); 
and 
(B) shall be transmitted by the Secretary 
to the Committee on Armed Services of the 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
Senate and Committee on Armed Services of 
the House of Representatives pursuant to sub-
section (b) of that section not later than May 
1 of that year (notwithstanding the date speci-
fied in that subsection). 
(c) CLERICAL AMENDMENTS.—The tables of chap-
ters at the beginning of subtitle A, and at the beginning 
of part II of subtitle A, of title 10, United States Code, 
are amended by inserting after the item relating to chap-
ter 88 the following new item: 
‘‘90. Office of the Victims’ Advocate ........................................................ 1811’’. 
SEC. 112. DEPARTMENT OF DEFENSE INTERDISCIPLINARY 
COUNCIL. 
(a) CODIFICATION AND REVISION OF COUNCIL ES-
TABLISHED UNDER PUBLIC LAW 103–337.— 
(1) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 188. 
Department 
of 
Defense 
Interdisciplinary 
Council 
‘‘(a) DEPARTMENT
OF DEFENSE COUNCIL.—The 
Secretary of Defense, in consultation with the Director of 
the Office of the Victims’ Advocate of the Department of 
Defense, shall establish a Department of Defense inter-
disciplinary council to coordinate and oversee victims’ ad-
vocates programs of the Department of Defense and to 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
oversee the efforts of the Department of Defense to pre-
vent and respond to violence against women and men. 
‘‘(b) COMPOSITION.—(1) The Council shall consist of 
12 members, appointed by the Secretary of Defense. The 
Council shall include members appointed from each of the 
Army, Navy, Air Force, and Marine Corps and shall in-
clude an equal number of personnel of the Department 
of Defense and persons from outside the Department of 
Defense. The six members appointed as personnel of the 
Department of Defense may include retired members of 
the Armed Forces. 
‘‘(2) The six members appointed from outside the De-
partment of Defense may be appointed from other Federal 
departments and agencies, from State and local agencies, 
and from the private sector, but may not be members of 
the Armed Forces in a retired status. 
‘‘(3) The Secretary shall ensure that membership in-
cludes at least one judge advocate. 
‘‘(4) Each member of the Interdisciplinary Council 
appointed from outside the Department of Defense— 
‘‘(A) shall be an individual who has dem-
onstrated expertise and experience in the fields of 
sexual assault, domestic violence, family violence, or 
stalking, as well as expertise and experience in civil-
ian-military cooperation; or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(B) shall be appointed from one of the fol-
lowing: 
‘‘(i) The Centers for Disease Control and 
Prevention of the Department of Health and 
Human Services. 
‘‘(ii) Civilian law enforcement. 
‘‘(iii) A judicial policy organization. 
‘‘(iv) A national crime victim organization. 
‘‘(v) A victim service organization. 
‘‘(vi) A survivor of domestic violence, sex-
ual assault, family violence, or stalking in which 
the perpetrator was a member of the Armed 
Forces. 
‘‘(5) Members of the Interdisciplinary Council shall 
serve for a period of three years. The membership of the 
Interdisciplinary Council shall be rotated by composition 
and appointments as defined in paragraphs (1), (2), and 
(4) every three years. 
‘‘(c) CO-CHAIRS.—There shall be two co-chairs of the 
Interdisciplinary Council. One of the co-chairs shall be 
designated by the Secretary of Defense at the time of ap-
pointment from among the Department of Defense per-
sonnel on the Interdisciplinary Council. The other co-chair 
shall be selected among the members appointed from out-
side the Department of Defense by those members. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(d) ADMINISTRATIVE SUPPORT.—The Director of 
the Office of the Victims’ Advocate, under the direction 
of the Secretary of Defense, shall provide oversight of the 
Interdisciplinary Council. The Office of the Victims’ Advo-
cate shall provide the Interdisciplinary Council with per-
sonnel facilities and other administrative support as nec-
essary for the performance of the Interdisciplinary Coun-
cil’s duties. 
‘‘(e) COMPENSATION.—Each member of the Inter-
disciplinary Council who is a member of the Armed Forces 
or a civilian officer or employee of the United States shall 
serve without compensation (other than compensation to 
which entitled as a member of the armed forces or an offi-
cer or an employee of the United States, as the case may 
be). Other members of the Interdisciplinary Council shall 
be appointed in accordance with, and subject to, section 
3161(d) of title 5, but shall serve without pay. 
‘‘(f) MILITARY DEPARTMENT LIAISONS.—The Sec-
retary of each military department shall select a represent-
ative of that department to serve as a liaison between the 
Interdisciplinary Council and that military department. 
Each such representative shall be responsible for ensur-
ing— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(1) that communications made at the Inter-
disciplinary Council are transmitted to military per-
sonnel; and 
‘‘(2) that the Interdisciplinary Council is aware 
of problems in the military departments related to 
domestic violence, family violence, sexual assault, 
and stalking. 
‘‘(g) INSTALLATION VISITS.—The Director of the Of-
fice of the Victims’ Advocate shall coordinate with the Sec-
retaries of the military departments to provide for visits 
by members of the Interdisciplinary Council to military in-
stallations.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘188. Department of Defense Interdisciplinary Council.’’. 
(b) DEADLINE FOR INITIAL APPOINTMENTS.—Mem-
bers of the Interdisciplinary Council under section 188 of 
title 10, United States Code, as added by subsection (a), 
shall be appointed not later than 90 days after the date 
of the enactment of this Act. 
(c) REPORT.—Not later than 18 months after the 
date on which all members of the Interdisciplinary Council 
under section 188 of title 10, United States Code, as 
added by subsection (a), have been appointed, the Inter-
disciplinary Council shall submit to the Secretary of De-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
fense a report recommending specific ways in which the 
Office of the Victims’ Advocate and victim advocates may 
more effectively address matters relative to sexual assault, 
domestic violence, family violence, and stalking committed 
by or upon members of the Armed Forces. The report 
shall include an assessment of, and recommendations con-
cerning, the following: 
(1) Victim safety programs. 
(2) Confidentiality of communications for vic-
tims. 
(3) Offender accountability. 
(4) Prevention of sexual assault, domestic vio-
lence, family violence, and stalking. 
(5) Collaboration among military organizations 
with responsibility or jurisdiction with respect to 
sexual assault, domestic violence, family violence, 
and stalking. 
(6) Coordination between military and civilian 
communities including service organizations and law 
enforcement with respect to sexual assault, domestic 
violence, family violence and stalking. 
(7) Adaptation of best professional practices 
within the civilian communities with respect to sex-
ual assault, domestic violence, family violence and 
stalking. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(8) Data collection, case management, and 
tracking. 
(9) Curricula and training including standard-
ized training for armed forces personnel and commu-
nity-based advocates, organizations, and service pro-
viders. 
(10) Standardization of guidelines, directives, 
and statutes. 
(11) Other issues identified by the Interdiscipli-
nary Council. 
(d) APPLICABILITY OF CERTAIN DEFINITIONS.—The 
definitions in section 102 of title 10, United States Code, 
as added by section 101(a), apply to subsection (c). 
(e) CONFORMING REPEAL.—Section 534 of the Na-
tional Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 10 U.S.C. 113 note) is repealed. 
Subtitle 
C—National 
and 
Inter-
national 
Hotlines 
Awareness, 
Prevention, 
and 
Intervention 
Campaign 
SEC. 121. AWARENESS, PREVENTION, AND INTERVENTION 
CAMPAIGN. 
(a) CONTRACTS AUTHORIZED.—The Secretary of De-
fense, acting through the Director of the Office of the Vic-
tims’ Advocate, may enter into contracts with appropriate 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
entities to support the crisis intervention services of the 
Department of Defense for victims of domestic violence, 
sexual assault, family violence, and stalking in the Depart-
ment of Defense. 
(b) PURPOSE OF CONTRACT.—A contract under sub-
section (a) shall provide for the entity awarded the con-
tract to perform the following functions, to the extent pro-
vided in the contract: 
(1) Include in the services provided under the 
contract the availability of a toll-free telephone num-
ber (commonly referred to as an ‘‘800’’ number). 
(2) Ensure that information about services and 
resources available to military personnel, families, 
and partners— 
(A) is revised and updated as appropriate; 
(B) is made available to the Office of the 
Victims’ Advocate and other Department of De-
fense entities for distribution and posting at ap-
propriate facilities within the Department of 
Defense; and 
(C) is made available through appropriate 
public information services. 
(3) Provide free and confidential support serv-
ices for members of the Armed Forces and their 
families and partners for the purpose of developing 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
and strengthening prevention and intervention poli-
cies for assistance to members of the Armed Forces 
and their family members or partners experiencing 
domestic violence, family violence, sexual assault, 
and stalking. 
(4) Develop and implement policies regarding 
appropriate, safe responses and referral procedures 
for members of the Armed Forces and their family 
members or partners experiencing domestic violence, 
family violence, sexual assault, and stalking. 
(5) Provide linguistically and culturally appro-
priate services, or linkages to existing services in the 
community, as needed to address the needs of vic-
tims and survivors associated with the Armed 
Forces. 
(6) Provide the necessary staffing for respond-
ing to the needs of members of the Armed Forces 
and their family members or partners who are expe-
riencing domestic violence, family violence, sexual as-
sault, or stalking, such as a resource person or liai-
son who is either on-site or on-call and who pos-
sesses demonstrated experience as a service provider 
to victims associated with the Armed Forces. 
(c) APPLICATIONS.— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(1) IN GENERAL.—An entity that desires to re-
ceive a contract under this section shall submit to 
the Secretary an application at such time, in such 
manner, and containing such information as the Sec-
retary may require, consistent with the requirements 
in this section. 
(2) QUALIFICATIONS.—To be awarded such a 
contract, an entity must demonstrate in its applica-
tion under paragraph (1) that it has a history or ex-
perience that is relevant to the purposes of the con-
tract. 
(d) CONSIDERATIONS.— 
(1) TRAINING.—In providing information on 
services, resources, counseling, and advocacy avail-
able to members of the Armed Forces and their fam-
ily members and partners, the Secretary shall ensure 
that the personnel who provide assistance under this 
section are trained to provide to persons who have 
experienced sexual assault, domestic violence, family 
violence, and stalking information about the services, 
care, and treatment relating to domestic violence, 
family violence, sexual assault, and stalking available 
in the communities in which the victim resides, in-
cluding care and services available under programs 
of the Department of Defense and the Department 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
of Veterans Affairs and from non-military and non- 
veteran agencies and organizations. 
(2) CONFIDENTIALITY.—The Secretary shall 
ensure that the telephone assistance service shall be 
operated in a manner that protects the confiden-
tiality of persons who place a call to the service. 
(3) IMMEDIATE ACCESS.—The Secretary shall 
ensure that the telephone assistance service provides 
immediate access to a trained counselor. The Sec-
retary may not utilize call-back services or answer-
ing services. 
(4) DISSEMINATION
OF
INFORMATION.—The 
Secretary shall ensure that information about the 
availability of the telephone assistance service is visi-
bly posted in medical facilities, commissary and ex-
change facilities, and Family Advocacy Program and 
Victims’ Advocate Program facilities of the Depart-
ment and is advertised through public service an-
nouncements and pamphlets, and by other means. 
(e) DURATION OF CONTRACT.—The Secretary shall 
enter into any contract under this section for a period of 
one year. The contract may be renewed. 
(f) CONFIDENTIALITY.—The Secretary shall include 
in a contract under this section confidentiality provisions 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
based on the provisions of section 1816(a) of title 10, 
United States Code, as added by section 111. 
(g) NONSUPPLANTATION.—Any Federal funds re-
ceived under this section shall be used to supplement, and 
not to supplant, non-Federal funds that would otherwise 
be available for activities funded under this section. 
(h) NO MATCHING FUNDS.—For the purposes of this 
section, a nonprofit, nongovernmental victim services pro-
gram receiving funds under this section may not be re-
quired as a condition of receiving an award of a contract 
under this section to provide matching funds. 
(i) REPORTS.—An entity receiving funds under this 
section shall submit to the Secretary every six months a 
report that describes— 
(1) how the funds were used, including the ex-
tent to which members of the Armed Forces and 
their family members and partners were provided 
services and a description of the services provided, 
including the number of cases responded to; 
(2) the adequacy of staff training and services 
to meet the needs of members of the Armed Forces 
and their family members and partners for services 
under the contract; and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(3) the existence of barriers faced by the entity 
to address the needs of members of the Armed 
Forces and their family members and partners. 
(j) 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. 
Subtitle D—Prevention and 
Intervention Training 
SEC. 131. PREVENTION AND INTERVENTION TRAINING 
CONTRACTS. 
(a) AWARDS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Office of the Vic-
tims’ Advocate, shall enter into contracts under this 
section with eligible entities for the purposes of pro-
viding training and technical assistance to the De-
partment of Defense relative to prevention of domes-
tic violence, sexual assault, family violence, and 
stalking. 
(2) DEFINITIONS.—In this section, the term 
‘‘eligible entity’’ means an entity that is— 
(A) a public or nonprofit private organiza-
tion having demonstrated expertise in preven-
tion, intervention, developing community col-
laboration, and system response to domestic vi-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
olence, sexual assault, family violence, and 
stalking; or 
(B) a community-based organization expe-
rienced in providing services to members of the 
Armed Forces and their family members or 
partners who experience domestic violence, sex-
ual assault, family violence, or stalking. 
(b) USES OF FUNDS.—An entity awarded a contract 
pursuant to subsection (a) shall— 
(1) provide training in the dynamics of domes-
tic violence, sexual assault, family violence, and 
stalking, including safety, risk assessment, potential 
lethality, and appropriate interventions; 
(2) provide education programs for members of 
the Armed Forces and their family members or part-
ners that are linguistically and culturally appropriate 
and are designed to meet any unique needs of the 
population by adapting and implementing existing 
curricula; 
(3) provide media center materials and edu-
cational materials to the population that address the 
needs and concerns of members of the Armed Forces 
and their family members or partners who experi-
ence domestic violence, sexual assault, or stalking 
and the impact of the violence by identifying, adapt-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
ing, and disseminating appropriate existing mate-
rials; and 
(4) conduct evaluations to assess the impact of 
programs and policies assisted under this section in 
order to enhance the development of those programs. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires 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 require, consistent with the re-
quirements described in this section. 
(2) CONTENT.—An application submitted pur-
suant to paragraph (1) shall— 
(A) outline and describe how training and 
other activities will be undertaken to promote 
prevention, intervention, and collaboration; 
(B) identify the members of the organiza-
tion who will be responsible for carrying out the 
training; 
(C) ensure that communities or agencies 
affected by the training are adequately rep-
resented in the development of the application, 
training, and follow on activities to be under-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
taken and that they have a significant role in 
evaluating the success of the project; 
(D) include documentation of any history 
of training between military entities, domestic 
violence, sexual assault, or stalking service pro-
viders, courts, law enforcement agencies, com-
munity-based programs, and other entities; 
(E) provide assurances that training and 
other activities will be provided to all types of 
staff, will address appropriate practices for in-
vestigation, follow-up, screening, intake, assess-
ment, and provision of services addressing the 
safety needs of victims of domestic violence, 
sexual assault, family violence, or stalking; 
(F) describe how the training and activities 
will enhance or ensure the safety and security 
of members of the Armed Forces and their fam-
ily members or partners where both domestic 
violence and sexual assault occurs by providing 
appropriate resources, protection, and support 
to victims; 
(G) outline methods and means partici-
pating entities will use to ensure that all serv-
ices are provided in a linguistically and cul-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
turally competent manner and will use commu-
nity-based supports and resources; and 
(H) outline the protocols, policies, and pro-
cedures participating entities will develop and 
adopt to ensure the confidentiality of victims. 
(d) DURATION OF CONTRACTS.—The Secretary shall 
enter into a contract under this section for a period of 
one year. Such a contract may be renewed. 
(e) REPORTS.—An entity receiving funds under this 
section shall submit to the Secretary every six months a 
report that describes, at a minimum— 
(1) how the funds under the program were 
used, including the extent to which military per-
sonnel, family members, or partners were served; 
(2) the adequacy of staff training and services 
to ensure that the needs of members of the Armed 
Forces and their family members or partners are 
met; and 
(3) the existence of barriers the entity faces to 
more fully addressing the needs of members of the 
Armed Forces and their family members or part-
ners. 
(f) REQUIREMENT.— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(1) SET-ASIDE.—Of the amounts appropriated 
to carry out this section for any fiscal year, the Sec-
retary— 
(A) shall use not less than 20 percent for 
programs addressing domestic violence and sex-
ual assault that are operated by, or in partner-
ship with, civilian victim services; and 
(B) shall use not less than 5 percent for 
technical assistance and training to be provided 
by organizations having demonstrated expertise 
in developing collaborative community and sys-
tem responses to domestic violence, sexual as-
sault, and stalking. 
(2) TECHNICAL ASSISTANCE AND TRAINING.— 
Technical assistance and training under paragraph 
(1)(B) may be offered to the elements of the Armed 
Forces, installations, or commands in the process of 
developing community responses, whether they are 
receiving funds under this section or not. 
(g) 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. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
Subtitle E—Biennial Conference on 
Sexual Assault and Domestic Vi-
olence 
SEC. 141. SEXUAL ASSAULT AND DOMESTIC VIOLENCE CON-
FERENCE. 
(a) CONFERENCE REQUIRED.—Not later than one 
year after the date of the enactment of this Act, and every 
two years thereafter, the Secretary of Defense, acting 
through the Director of the Office of the Victims’ Advo-
cate of the Department of Defense, shall convene a na-
tional conference to review current policies for prevention 
of, and response to, domestic violence, sexual assault, fam-
ily violence, and stalking (as those terms are defined in 
section 102 of title 10, United States Code) involving 
members of the Armed Forces and to make recommenda-
tions for changes, as warranted, to those policies. 
(b) CONFERENCE
ACTIVITIES.—The conferences 
shall provide a forum for the civilian leadership of the De-
partment of Defense, military commanders, family advo-
cacy personnel, military criminal investigators, military 
law enforcement personnel, and security forces to consider 
problems, policies, and recommendations relating to do-
mestic violence, sexual assault, family violence, and stalk-
ing involving members of the Armed Forces. 
(c) FIRST CONFERENCE.— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(1) CONSIDERATION OF PRIOR REPORTS.—Ac-
tivities of the first conference under this subtitle 
shall include consideration of the reports and rec-
ommendations of the following: 
(A) The Department of Defense Task 
Force on the Care of Sexual Assault Victims. 
(B) The Department of Defense Task 
Force on Domestic Violence. 
(C) The Department of Defense Task 
Force of Sexual Harassment and Misconduct at 
the Military Academies. 
(2) STRATEGIC
PLAN.—Activities of the first 
conference under this subtitle shall include a discus-
sion of, and compiling of recommendations and 
strategy for, a strategic plan that seeks to— 
(A) involve more civilian leaders of the De-
partment of Defense, military commanders, and 
members of the Armed Forces in prevention 
and other activities designed to end domestic vi-
olence, sexual assault, family violence, and 
stalking in the Armed Forces; and 
(B) facilitate the Secretaries of the mili-
tary departments implementation of policies on 
domestic violence, sexual assault, family vio-
lence, and stalking in the Armed Forces. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(d) CONFERENCE PARTICIPANTS.—The Secretary 
shall provide for participants in conferences under this 
section to include the following: 
(1) Representatives from a broad cross-section 
of military authorities, including leadership, com-
mands, services, departments, and programs. 
(2) Representatives of Federal, State, national 
and local government agencies. 
(3) Representatives of law enforcement organi-
zations. 
(4) Criminal justice professionals, including 
prosecutors, investigators, attorneys, and advocates. 
(5) Representatives of nonprofit, private, or 
nongovernmental service providers and of public and 
private organizations working in the field of domes-
tic violence, sexual assault, family violence, and 
stalking. 
(6) Individuals with demonstrated expertise in 
addressing the intersection between domestic vio-
lence, sexual assault, family violence, and stalking. 
(7) Individuals with demonstrated expertise in 
addressing the issues confronting the Armed Forces 
relative to domestic violence, sexual assault, family 
violence, and stalking. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(8) Victims of domestic violence, sexual assault, 
family violence, and stalking. 
(9) Representatives of academic and research, 
facilities with demonstrated expertise in domestic vi-
olence, sexual assault, family violence, and stalking. 
(10) Representatives of the Department of Vet-
erans Affairs. 
(11) Advocates, counselors, and therapists en-
gaged in providing services to victims associated 
with the Armed Forces. 
Subtitle F—Memorandums of Un-
derstanding With Civil Organi-
zations 
SEC. 151. AGREEMENTS WITH CIVILIAN ORGANIZATIONS. 
(a) MEMORANDUMS OF UNDERSTANDING.—Congress 
expects and encourages the Secretary of Defense to enter 
into memorandums of understanding with civilian organi-
zations to provide services to victims of sexual assault, do-
mestic violence, family violence, and stalking (as those 
terms are defined in section 102 of title 10, United States 
Code). 
(b) CONFIDENTIALITY.—When entering into a 
memorandum of understanding with a civilian organiza-
tion as described in subsection (a), the Secretary of De-
fense should not enter into, and may not enforce, any pro-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
vision in the memorandum that would be in direct viola-
tion of any law protecting confidential information and 
personal identifying information. 
TITLE II—RIGHTS, RESTITUTION, 
TREATMENT, AND SERVICES 
FOR VICTIMS 
Subtitle A—Protection of Persons 
Reporting Sexual Assault or Do-
mestic Violence 
SEC. 201. PROTECTION OF COMMUNICATIONS BETWEEN 
VICTIMS AND ADVOCATES. 
(a) RESTRICTING COMMUNICATION PROHIBITED.— 
Subsection (a) of section 1034 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘Congress or’’ and inserting 
‘‘Congress,’’; and 
(2) by inserting before the period at the end the 
following: ‘‘or the Office of the Victims’ Advocate or 
a Victims’ Advocate within the Department of De-
fense’’. 
(b) PROHIBITION OF RETALIATORY PERSONNEL AC-
TIONS.—Subsection (b)(1) of such section is amended— 
(1) in subparagraph (A), by striking ‘‘or an In-
spector General’’ and inserting ‘‘, an Inspector Gen-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
eral, or the Office of the Victims’ Advocate or a Vic-
tims’ Advocate’’; and 
(2) in subparagraph (B)— 
(A) by redesignating clauses (iii), (iv), and 
(v) as clauses (iv), (v), and (vi), respectively; 
and 
(B) by inserting after clause (ii) the fol-
lowing new clause: 
‘‘(iii) the Office of the Victims’ Advocate 
or a victims’ advocate;’’. 
(c) INSPECTOR GENERAL INVESTIGATIONS.—Sub-
section (c)(2)(A) of such section is amended by inserting 
‘‘, sexual assault, domestic violence, family violence, stalk-
ing,’’ after ‘‘sexual harassment’’. 
SEC. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND 
HEALTH CARE PROFESSIONAL PRIVILEGE IN 
CASES ARISING UNDER UNIFORM CODE OF 
MILITARY JUSTICE. 
(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: 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘§ 940a. Art. 140a. Privilege for communication with 
victim service organization or health 
care professional 
‘‘(a) GENERAL RULE OF PRIVILEGE.—A client has 
a privilege to refuse to disclose, and to prevent any other 
person from disclosing, a confidential communication 
made between the client and a victim service organization 
or any representative of the organization, or between the 
client and a health care professional or any representative 
of the professional, in a case arising under this chapter, 
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 domestic violence, family violence, dating violence, 
stalking, or sexual assault. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘client’ means a person who 
consults with or is examined or interviewed by a vic-
tim service organization or any representative of the 
organization, or by a health care professional or any 
representative of the professional. 
‘‘(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-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
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 to whom disclosure is in fur-
therance of providing advice, counseling, treat-
ment, or assistance to the client; and 
‘‘(B) those reasonably necessary for dis-
closing under subparagraph (A). 
‘‘(c) EMERGENCY SHELTER PROTECTION.—A client 
or representative of a client may not be compelled to pro-
vide testimony in a civil, criminal, legislative, disciplinary, 
or administrative proceeding that would identify— 
‘‘(1) the name, address, location, or telephone 
number of a safe house, abuse shelter, or other facil-
ity that provided temporary emergency shelter to the 
victim of the offense or transaction that is the sub-
ject of the proceeding; or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) the name, address, or telephone number of 
a victim representative. 
‘‘(d) WHO MAY CLAIM THE PRIVILEGE.—The privi-
lege under subsection (a) 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 victim service organization, health care profes-
sional, or representative who received the communication 
may claim the privilege on behalf of the client. The author-
ity of such an organization, professional, representative, 
guardian, or conservator to so 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 victim service organization, health 
care professional, or representative believes that a 
mental or emotional condition of the client makes 
the client a danger to any person, including the cli-
ent; or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(4) if the communication clearly contemplated 
the future commission of a fraud or crime or if the 
services of the victim 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 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. 
Subtitle 
B—Medical 
Care 
and 
Treatment for Victims of Sexual 
and Domestic Violence 
SEC. 211. ENHANCED DEPARTMENT OF DEFENSE TREAT-
MENT CAPACITY. 
To the extent funds are available for such purpose, 
funds available to the Department of Defense shall be 
used to employ at least one medical professional trained 
as a sexual assault nurse examiner and at least one psy-
chiatrist, and a complimentary clinical team, at each mili-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
tary treatment facility operated by the Department of De-
fense. 
SEC. 212. COMMUNITY LEVEL PROGRAM. 
(a) PROGRAM.—The Secretary of Defense, acting 
through the Assistant Secretary of Defense for Health Af-
fairs, shall carry out a program at the community level 
for members of the Armed Forces on active duty and fam-
ily members of such members who are victims of domestic 
violence, sexual assault, family violence, or stalking (as 
those terms are defined in section 102 of title 10, United 
States Code). 
(b) PROGRAM SITES.—The program shall be carried 
out through facilities of the Department of Defense. 
(c) PROGRAM CONTENT.—In conducting the pro-
gram, the Secretary shall provide for individualized case 
management to be conducted on a one-to-one basis, coun-
seling, education, and group therapy to help victims cope 
with trauma. Through the program, the Secretary 
should— 
(1) emphasize early identification of victims ex-
periencing post-traumatic stress disorder resulting 
from domestic violence, sexual assault, family vio-
lence, or stalking; 
(2) include group-oriented, peer-to-peer settings 
for treatment; and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(3) acknowledge that the causal factors of do-
mestic violence, sexual assault, family violence, and 
stalking include power and control. 
(d) OUTREACH.—The Secretary shall provide that 
health information packets given to members of the Armed 
Forces and their family members include information 
about how to obtain timely and confidential post-sexual 
assault medical care. 
(e) PROGRAM MODELS.—The Secretary shall estab-
lish and carry out the program under this section following 
a comprehensive review of other relevant programs, includ-
ing programs of the Department of Veterans Affairs, of 
State and local governments, and of private, nonprofit, or 
nongovernmental organizations specializing in the treat-
ment of victims of domestic violence, sexual assault, family 
violence, or stalking. 
SEC. 213. TRANSITION TO VETERANS HEALTH CARE FOR 
VICTIMS OR PERPETRATORS OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, FAMILY VIO-
LENCE, OR STALKING. 
The Secretary of each military department shall take 
special care in providing for a seamless transition from 
Department of Defense health care services to Depart-
ment of Veterans Affairs health care services in the case 
of any member of the Armed Forces who is being dis-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
charged or separated from active duty and who has been 
identified as a victim or perpetrator of domestic violence, 
sexual assault, family violence, or stalking (as those terms 
are defined in section 102 of title 10, United States Code). 
Subtitle C—Military-Civilian 
Shelter Programs 
SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR SHELTER PROGRAMS AND 
SERVICES. 
(a) CONTRACTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Office of the Vic-
tims’ Advocate, may enter into contracts with eligi-
ble entities to provide shelter services for members 
of the Armed Forces and their family members and 
partners who experience domestic violence, family vi-
olence, sexual assault, or stalking. 
(2) ELIGIBLE ENTITIES.—In this section, the 
term ‘‘eligible entity’’ means a public or private non-
profit entity the primary purpose of which is to pro-
vide shelter services to victims of domestic violence, 
family violence, sexual assault, or stalking. The enti-
ty may be— 
(A) a community-based organization spe-
cializing in intervention or violence prevention 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
services for members of the Armed Forces and 
their family members or partners; 
(B) a nonprofit nongovernmental entity 
providing services primarily to members of the 
Armed Forces and their family members or 
partners who are victims of domestic violence, 
family violence, sexual assault, or stalking; 
(C) a nonprofit, nongovernmental entity 
providing services for veterans; 
(D) a nonprofit, nongovernmental entity 
providing services to homeless individuals; or 
(E) a governmental program serving mem-
bers of the Armed Forces and their families. 
(b) USES OF FUNDS.—A contract under this section 
shall provide that— 
(1) whenever possible, the entity awarded the 
contract shall collaborate with existing shelter serv-
ices in the civilian community to provide appropriate 
victim services; 
(2) when appropriate shelter services are not 
available in the civilian community or are not acces-
sible to members of the Armed Forces or their fam-
ily members or partners, the entity awarded the con-
tract may provide or create shelter services in col-
laboration with a community-based organization; 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(3) the entity awarded the contract shall pro-
vide referral services to a Department of Defense 
victims advocate aid, including legal, medical, or 
psychological counseling, to members of the Armed 
Forces and their family members and partners who 
are experiencing domestic violence, family violence, 
sexual assault, or stalking; and 
(4) if needed, the entity awarded the contract 
will have staff with fluency in languages other then 
English or access to translators. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires 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 require, consistent with the re-
quirements of this section. 
(2) CONSIDERATION OF BEST PRACTICES.—In 
considering applications submitted pursuant to para-
graph (1), the Secretary shall consult with existing 
providers of shelter services to determine best prac-
tices. 
(d) DURATION OF AWARDS.—A contract awarded 
under this section shall be awarded for a period of three 
fiscal years. Such a contract may be renewed. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(e) CONFIDENTIALITY.—The Secretary shall include 
in a contract under this section confidentiality provisions 
based on the provisions of section 1816(a) of title 10, 
United States Code, as added by section 111. 
(f) 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, fam-
ilies, and partners were served; and 
(3) the adequacy of staff training and services 
to ensure that needs of members of the Armed 
Forces and their family members and partners. 
(g) 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. 
Subtitle D—Victim’s Rights and 
Restitution 
SEC. 231. MILITARY LAW ENFORCEMENT AND VICTIMS’ 
RIGHTS. 
(a) VICTIMS’ RIGHTS.—After an allegation of a do-
mestic violence, sexual assault, family violence, or stalking 
offense that is reported to, or investigated by military law 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
enforcement agency, the victim (or alleged victim) shall 
have the following rights: 
(1) Victims’ rights set out under section 502(b) 
of the Victims’ Rights and Restitution Act of 1990 
(42 U.S.C. 10606(b)). 
(2) The right to be informed of the availability 
of crisis intervention services and resources and 
medical services and, when applicable, that medical 
services arising out of the need to secure evidence 
may be reimbursed. 
(3) The right to be informed of legal procedures 
and resources available for the protection of the vic-
tim, including military no contact orders and protec-
tion orders, civilian orders of protection referred to 
in section 1561a of title 10, United States Code, and 
the full faith and credit given to protection orders 
pursuant to section 2265 of title 18, United States 
Code. 
(4) The right to be informed of names and tele-
phone numbers of public and private assistance pro-
grams, including victim compensation programs, 
transitional compensation programs, and programs 
that provide counseling, treatment, shelter, and sup-
port services. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(5) The right to be informed of the military law 
enforcement agency report number for the case, if 
available, other identifying information, and the fol-
lowing statement: ‘‘If within 30 days you are not no-
tified of an arrest in your case, you may call (the 
military law enforcement agency’s telephone num-
ber) for information on the status of your case.’’. 
(6) The right to be notified by military law en-
forcement authorities of the arrest of the suspect, if 
the suspect is arrested, regardless of whether the 
suspect is an adult or a juvenile. 
(7) The right to be to informed, in a case in 
which the suspect is an adult and has been arrested, 
of the suspect’s release, of the scheduled time, place, 
and date for initial court appearances of the suspect, 
and of the victim’s right to be heard. 
(b) NOTICE OF RIGHTS TO BE PROVIDED.—As soon 
after an allegation of a domestic violence, sexual assault, 
family violence, or stalking offense as possible without 
interfering with an investigation or arrest, a representa-
tive of the military law enforcement agency that has re-
sponsibility for investigating the offense shall provide the 
victim with a multicopy form that includes the following: 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(1) A form for the victim to request or waive 
applicable rights to information to which the victim 
is entitled, on request, under this section. 
(2) A means for the victim to designate a lawful 
representative selected by the victim. 
(3) Notice to the victim of the following: 
(A) Victims’ rights under section 502(b) of 
the Victims’ Rights and Restitution Act of 1990 
(42 U.S.C. 10606(b)). 
(B) The availability of crisis intervention 
services and resources and medical services and, 
when applicable, that medical services arising 
out of the need to secure evidence may be reim-
bursed. 
(C) The legal procedures and resources 
available for the protection of the victim, in-
cluding military no contact orders and protec-
tion orders, civilian orders of protection referred 
to in section 1561a of title 10, United States 
Code, and the full faith and credit given to pro-
tection orders pursuant to section 2265 of title 
18, United States Code. 
(D) The names and telephone numbers of 
public and private assistance programs, includ-
ing victim compensation programs, transitional 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
compensation programs, and programs that 
provide counseling, treatment, shelter, and sup-
port services. 
(E) The military law enforcement agency 
report number for the case, if available, other 
identifying information, and the following state-
ment: ‘‘If within 30 days you are not notified 
of an arrest in your case, you may call (the 
military law enforcement agency’s telephone 
number) for information on the status of your 
case.’’. 
(F) Regardless of whether the suspect is 
an adult or a juvenile, a statement that the vic-
tim will be notified by military law enforcement 
authorities of the arrest of the suspect, if the 
suspect is arrested. 
(G) If the suspect is an adult and has been 
arrested, a statement that the victim will be in-
formed of the suspect’s release, of the scheduled 
time, place, and date for initial court appear-
ances of the suspect and of the victim’s right to 
be heard, and that to exercise those rights, the 
victim may contact the custodial agency regard-
ing the suspect’s status or contact the com-
mand regarding any changes. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(c) EFFECT OF EMOTIONAL STATUS OF VICTIM.— 
If at the time of contact with a military law enforcement 
agency representative under subsection (a), a victim is 
emotionally unable to request or to waive applicable rights, 
the military law enforcement agency representative shall 
so designate that on the multicopy form and any entity 
that is subsequently involved in the case shall presume 
that the victim invoked the applicable rights to which the 
victim is entitled and, on request, the victim may later 
waive those rights. 
(d) 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. 232. AVAILABILITY OF INCIDENT REPORTS. 
(a) APPLICABILITY.—A military law enforcement 
agency shall provide, without charge, to a victim of domes-
tic violence, sexual assault, family violence, or stalking (or 
to the representative of such a victim, if the victim is de-
ceased) a copy of the incident report in the case, a copy 
of the incident report summary (referred to as a ‘‘face 
sheet’’), or both, in accordance with subsection (b). 
(b) TIME FOR AVAILABILITY.— 
(1) SUMMARIES.—A copy of an incident report 
summary shall be made available during regular 
business hours to a victim or the victim’s representa-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
tive no later than 48 hours after being requested by 
the victim or the victim’s representative, unless the 
military law enforcement agency informs the victim 
or representative of the reasons why the summary is 
not available, in which case the summary shall be 
made available to the victim or representative no 
later than five working days after the request is 
made. 
(2) INCIDENT REPORTS.—A copy of the inci-
dent report shall be made available during regular 
business hours to a victim or the victim’s representa-
tive no later than five working days after being re-
quested by a victim or representative, unless the 
military law enforcement agency informs the victim 
or representative of the reasons why the incident re-
port is not available, in which case the incident re-
port shall be made available to the victim or rep-
resentative no later than 10 working days after the 
request is made. 
(c) IDENTIFICATION.—An incident report and a sum-
mary of an incident report may be provided to any person 
under this section only upon presentation of identification 
satisfactory to the Secretary concerned. 
(d) TIME DURATION.—This section applies to re-
quests for copies of incident reports and summaries of in-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
cident reports made within five years from the date of 
completion of the incident report. 
(e) VICTIM’S REPRESENTATIVE DEFINED.— 
(1) For purposes of this section, the term ‘‘vic-
tim’s representative’’ means, with respect to a victim 
who is deceased, the person who is listed first among 
the following: 
(A) The surviving spouse. 
(B) A surviving child of the decedent who 
has attained 18 years of age. 
(C) A surviving parent of the decedent. 
(D) A surviving adult relative. 
(E) The public administrator appointed by 
a probate court, if one has been appointed. 
(2) A victim’s representative does not include 
any person who has been convicted of murder under 
State or Federal law or any person identified in the 
incident report as a suspect. 
(f) 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. 233. VICTIM ADVOCATES AND VICTIMS’ RIGHTS. 
(a) IN GENERAL.—Any victim making an allegation 
of sexual assault, domestic violence, family violence, or 
stalking (as those terms are defined in section 102 of title 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
10, United States Code) may have a victim advocate 
present at any interview of the victim conducted by any 
military law enforcement official. 
(b) SUPPORT DURING PROCEEDINGS.—In a military 
justice proceeding, a victim advocate, upon the request of 
the victim, shall be allowed to accompany the victim dur-
ing the proceedings. The victim advocate shall be allowed 
to confer orally and in writing with the victim in a reason-
able manner. 
SEC. 234. RESTITUTION. 
(a) IN GENERAL.—Chapter 80 of title 10, is amended 
by inserting after section 1561b, as added by section 301, 
the following new section: 
‘‘§ 1561c. Restitution 
‘‘(a) RESTITUTION REQUIRED.—In addition to any 
other civil, disciplinary, or criminal penalty authorized by 
law, the convening authority in a court-martial shall order 
restitution for any offense specified in section 920, 
892(a)(4), or 1561a of this title. 
‘‘(b) SCOPE AND NATURE OF ORDER.— 
‘‘(1) DIRECTIONS.—An order of restitution 
under this section shall direct the person convicted 
to pay the victim the full amount of the victim’s 
losses, as determined by the convening authority 
pursuant to paragraph (2). 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) ENFORCEMENT.—An order of restitution 
under this section shall be issued and enforced in ac-
cordance with section 3664 of title 18 in the same 
manner as an order under section 3663A of that 
title. 
‘‘(c) MANDATORY ORDER.— 
‘‘(1) The issuance of a restitution order under 
this section is mandatory. 
‘‘(2) The convening authority may not decline 
to issue an order under this section because of— 
‘‘(A) the economic circumstances of the 
person convicted; or 
‘‘(B) the fact that a victim has received, or 
is entitled to receive, compensation for the vic-
tim’s injuries from the proceeds of insurance, 
transitional compensation, veterans benefits, or 
any other source. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 
FULL
AMOUNT
OF
THE
VICTIM’S 
LOSSES.—The term ‘full amount of the victim’s 
losses’ includes any costs incurred by the victim 
for— 
‘‘(A) medical services relating to physical, 
psychiatric, or psychological care; 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(B) physical and occupational therapy or 
rehabilitation; 
‘‘(C) necessary transportation, temporary 
housing, and child care expenses; 
‘‘(D) lost income; 
‘‘(E) attorney’s fees, plus any costs in-
curred in obtaining a civil protective order; and 
‘‘(F) any other loss suffered by the victim 
as a proximate result of the offense or offenses. 
‘‘(2) VICTIM.—The term ‘victim’ means a per-
son harmed as a result of a commission of a crime 
under this title, including, in the case of a victim 
who is under 18 years of age, incompetent, incapaci-
tated, or deceased, the legal guardian of the victim 
or representative of the victim’s estate, another fam-
ily member, or any other person appointed as suit-
able by a court, but in no event shall the accused be 
named as such a representative or guardian.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b, as added by sec-
tion 301, the following new item: 
‘‘1561c. Restitution.’’. 
SEC. 235. RECORDS OF MILITARY JUSTICE ACTIONS. 
(a) IN GENERAL.—Subchapter XI of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
Justice), is amended by inserting after section 940a, as 
added by section 202, the following new section (article): 
‘‘§ 940b. Art. 140b. Military justice information: trans-
mission to Director of Federal Bureau of 
Investigation 
‘‘Whenever a member of the Armed Forces is dis-
charged or dismissed from the Armed Forces or is released 
from active duty, the Secretary concerned shall transmit 
to the Director of the Federal Bureau of Investigation a 
copy of records of any disciplinary action against the 
member involving sexual misconduct during the period of 
the member’s service in the Armed Forces that is taken 
under this chapter, including any nonjudicial punishment 
imposed under section 815 of this title (article 15).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 940a the following 
new item: 
‘‘940b. 140b. Military justice information: transmission to Director of Federal 
Bureau of Investigation.’’. 
SEC. 236. TRAVEL AND TRANSPORTATION OF HOUSEHOLD 
EFFECTS OR MOTOR VEHICLE IN RESPONSE 
TO DEPENDENT ABUSE. 
Section 406(h)(4)(D) of title 37, United States Code, 
is amended by striking ‘‘only if a written agreement of 
the member, or an order of a court of competent jurisdic-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
tion,’’ and inserting ‘‘if an order of a court of competent 
jurisdiction’’. 
SEC. 237. TECHNICAL AMENDMENTS RELATING TO FATAL-
ITY REVIEW PANELS. 
(a) ARMY.—Section 4061 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting ‘‘, acting 
through the Office of the Victims’ Advocate,’’ after 
‘‘Secretary of the Army’’; and 
(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
(b) NAVY.—Section 6036 of such title is amended— 
(1) in subsection (a), by inserting ‘‘, through 
the Office of the Victims’ Advocate,’’ after ‘‘Sec-
retary of the Navy’’; and 
(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
(c) AIR FORCE.—Section 9061 of such title is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, through 
the Office of the Victims’ Advocate,’’ after ‘‘Sec-
retary of the Air Force’’; and 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
TITLE 
III—REPORTING, 
PROS-
ECUTION, AND TREATMENT 
OF PERPETRATORS 
Subtitle A—Reporting of Sexual As-
sault, Domestic Violence, and 
Stalking Within the Department 
of Defense 
SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMES-
TIC VIOLENCE. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1561a 
the following new section: 
‘‘§ 1561b. Complaints of sexual assault, domestic vio-
lence, family violence, or stalking: inves-
tigation by commanding officers 
‘‘(a) ACTION ON COMPLAINTS.—(1) A commanding 
officer or officer in charge of a unit, vessel, facility, or 
area of the Army, Navy, Air Force, or Marine Corps who 
receives a qualifying complaint shall carry out an inves-
tigation of the matter in accordance with this section. 
‘‘(2) In this section, the term ‘qualifying complaint’ 
means a complaint— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(A) that is from a victim, or from a member 
of the command, or a civilian employee under the 
supervision of the officer, or a victim advocate of the 
Department of Defense; and 
‘‘(B) that alleges sexual assault, domestic vio-
lence, family violence, or stalking by a member of 
the Armed Forces or a civilian employee of the De-
partment of Defense 
‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 
extent practicable, a commanding officer or officer in 
charge receiving a qualifying complaint shall, within 72 
hours after receipt of the complaint— 
‘‘(1) forward the complaint, or a detailed de-
scription of the allegation in the complaint, to the 
next superior officer in that officer’s chain of com-
mand who is authorized to convene a general court- 
martial; 
‘‘(2) commence, or cause the commencement of, 
an investigation of the complaint, including engaging 
law enforcement, criminal investigators, judge advo-
cates, victim advocates, and victim witness liaisons; 
and 
‘‘(3) advise the complainant of the commence-
ment of the investigation. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(c) DURATION OF INVESTIGATION.—A commanding 
officer or officer in charge receiving a qualifying complaint 
shall ensure that the investigation of the complaint is com-
pleted within 90 days of the date on which the investiga-
tion is commenced or such longer period as may be ap-
proved by the Director of the Office of Victim Advocate. 
‘‘(d) JUDGE ADVOCATE REPORT.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving a qualifying complaint shall require a report of the 
judge advocate, including the results of the investigation, 
application of the disciplinary or punitive articles under 
the Uniform Code of Military Justice, and any rec-
ommendations for actions to be taken as a result of the 
investigation, within 20 days after the date on which the 
investigation is commenced. 
‘‘(e) REPORT
ON INVESTIGATION.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving a qualifying complaint shall— 
‘‘(1) submit a final report on the results of the 
investigation, including any action taken as a result 
of the investigation, to the next superior officer re-
ferred to in subsection (b)(1) within 30 days after 
the date on which the investigation is commenced; or 
‘‘(2) submit a report on the progress made in 
completing the investigation to the next superior of-
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
ficer referred to in subsection (b)(1) within 30 days 
after the date on which the investigation is com-
menced and every 14 days thereafter until the inves-
tigation is completed and, upon completion of the in-
vestigation, then submit a final report on the results 
of the investigation, including any action taken as a 
result of the investigation, to that next superior offi-
cer. 
‘‘(f) ANNUAL REPORTS TO SERVICE SECRETARIES.— 
Not later than January 1 of each year, each officer receiv-
ing a qualifying complaint forwarded in accordance with 
this section shall submit to the Secretary of the military 
department concerned a report on all such complaints re-
ceived during the preceding year and the investigations of 
those complaints (including the results of the investiga-
tions, in cases of investigations completed during the pre-
ceding year). 
‘‘(g) ANNUAL REPORT TO SECRETARY OF DEFENSE 
AND CONGRESS.—(1) Not later than January 15 of each 
year, each Secretary of a military department receiving a 
report under subsection (g) shall submit to the Secretary 
of Defense a report on the complaints and investigations 
of sexual assault, domestic violence, family violence, and 
stalking. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(2) The Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
each report submitted to the Secretary under this para-
graph (1), together with the comments of the Secretary 
on each such report. The Secretary shall transmit the re-
port for any year not later than March 15 of the next 
year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561a the following new 
item: 
‘‘1561b. Complaints of sexual assault, domestic violence, family violence, or 
stalking: investigation by commanding officers.’’. 
SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OF-
FICIALS TO DOMESTIC VIOLENCE INCIDENTS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 1567. Domestic violence: responsibilities of mili-
tary law enforcement officers 
‘‘(a) CIRCUMSTANCES REQUIRING ARREST.—A mili-
tary law enforcement officer shall arrest and take into cus-
tody a person subject to arrest or apprehension by the offi-
cer if— 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(1) the officer has reasonable grounds to be-
lieve that the person has committed domestic vio-
lence and that the person’s actions are the commis-
sion of a crime; and 
‘‘(2) any of the following circumstances is 
present: 
‘‘(A) The officer has reasonable basis for 
believing that continued domestic violence 
against the alleged victim is likely. 
‘‘(B) There is evidence of physical injury 
to the alleged victim. 
‘‘(C) The use of a deadly weapon or dan-
gerous instrument is evident. 
‘‘(b) DOMESTIC VIOLENCE.—In this section, the term 
‘domestic violence’ means any of the following engaged in 
by a person against the person’s spouse or former spouse 
or against a person with whom the person resides or for-
merly resided or against an individual with whom the per-
son has a child in common: 
‘‘(1) Infliction of physical pain, bodily injury, or 
illness or damage to property. 
‘‘(2) Intentional impairment of physical condi-
tion. 
‘‘(3) A threat of conduct that would cause bod-
ily injury or damage to property. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(c) ARRESTING OFFICER’S REPORT.—An officer 
who makes an arrest under subsection (b) shall submit 
a full written report of the alleged domestic violence inci-
dent to the officer’s supervisor and to the judge advocate 
within 10 days of the arrest. Such a report shall include— 
‘‘(1) a description of physical injuries observed, 
if any; 
‘‘(2) whenever possible, a statement from the 
victim and witnesses concerning the alleged domestic 
violence; and 
‘‘(3) a statement that a copy of legal rights and 
notices was given to the victim. 
‘‘(d) LAW ENFORCEMENT POLICIES.—(1) The Sec-
retary of Defense shall prescribe regulations to implement 
written policies regarding arrest procedures for domestic 
violence incidents. Those policies shall include the fol-
lowing: 
‘‘(A) In most circumstances, a military law en-
forcement officer should arrest and take a person 
into custody if the officer has reasonable grounds to 
believe that the person is committing or has com-
mitted domestic violence and that the actions con-
stitute the commission of a crime. 
‘‘(B) When the officer has reasonable grounds 
to believe that the spouses or former spouses or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
other persons who reside together or resided to-
gether or share a child in common are committing 
or have committed domestic violence against each 
other, the officer does not have to arrest both par-
ties but should arrest the person whom the officer 
believes to be the primary physical aggressor. In de-
termining who is the primary physical aggressor, an 
officer should consider the intent of this section to 
protect victims of domestic violence, the relative in-
jury or fear inflicted on the persons involved, and 
any history of domestic violence between those per-
sons, if that history can be ascertained by the offi-
cer, or response of a person who acts in a reasonable 
manner to protect oneself or another family or 
household member from domestic violence. No victim 
shall be denied relief or charged for a domestic vio-
lence offense because the victim used reasonable 
force in self defense against domestic violence by an 
attacker. 
‘‘(C) The decision of a military law enforcement 
officer as to whether or not to make an arrest under 
this section may not be based on the consent of the 
victim or any subsequent prosecution or on the rela-
tionship or the rank of the persons involved in the 
incident. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
‘‘(D) A decision of a military law enforcement 
officer’s decision not to arrest under this section 
may not be based solely upon the absence of visible 
injury or impairment. 
‘‘(2) The policies under paragraph (1) shall include 
a procedure applicable to the report and referral required 
under subsection (c). Such procedures shall require that 
the military law enforcement agency shall, without charge, 
send a copy of the initial report and any subsequent, sup-
plemental, or related report, which excludes the victim’s 
statement or other materials that are part of an active 
criminal investigation and are exempt from disclosure, to 
the command and Family Advocacy Program exercising 
responsibility over the area in which the incident took 
place, to the victim advocate within the Department of De-
fense assigned to the installation and the nearest local do-
mestic violence center within 24 hours of the agency’s re-
ceipt of the report. The report furnished to the Family 
Advocacy Program, victim advocate, and local domestic vi-
olence center shall include a narrative description of the 
domestic violence incident. 
‘‘(3) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident 
of domestic violence services from which the victim may 
receive assistance. The military law enforcement officer 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
shall provide the victim immediate notice of the legal 
rights and remedies available to the victim. Such notice 
shall be in a standard form developed and distributed by 
the Secretary of Defense. As necessary, the Secretary shall 
revise the victims’ rights brochure to include a summary 
of this section using simple English and shall distribute 
the notice as a model form to be used by all military law 
enforcement agencies. The notice shall include the fol-
lowing: 
‘‘(A) The resources available for the area in 
which domestic violence services are sought, includ-
ing military resources (victim advocates, Family Ad-
vocacy Program, judge advocates, medical personnel, 
and command) and civilian agencies (shelter, victim 
advocates, counseling, county or state attorney of-
fices and centers). 
‘‘(B) A copy of the following statement: ‘If you 
are a victim of domestic violence, you may ask the 
county or state attorney or judge advocate or Direc-
tor of Special Investigations or command to file a 
complaint. You also have the right to go to court 
and file a petition requesting a protective order from 
domestic violence to include provisions which re-
strain the alleged perpetrator from further acts of 
abuse; direct the abuser to leave your house; prevent 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
the abuser from entering your residence, school, 
business or place of employment; award you custody 
of your minor child or children; and direct the 
abuser to pay support to you and the minor children 
if he/she has a legal obligation to do so. You also 
have the right to request a military no contact order 
containing the above provisions.’. 
‘‘(4) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident, 
a description of the procedure for releasing the arrested 
person, and the likelihood and probable time of the ar-
rested person’s release. 
‘‘(5) In the development of policies under this sub-
section, the Secretary and shall consult with law enforce-
ment agencies and organizations with expertise in the rec-
ognition of domestic violence incidents. 
‘‘(e) DOMESTIC VIOLENCE INCIDENT REPORTS.—(1) 
A military law enforcement officer who responds to a do-
mestic violence incident shall prepare a domestic violence 
incident report. 
‘‘(2) If a military law enforcement officer has reason-
able grounds to arrest a person who is committing or has 
committed domestic violence and that person’s actions 
constitute the commission of a crime, the officer shall pre-
pare a written statement detailing why the person was not 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
100 
arrested. The report shall be sent to the judge advocate 
for the command of the suspect where the acts took place, 
immediately upon the completion of the investigation of 
the incident. The judge advocate shall review the report 
to determine whether the person involved in the incident 
should be charged with the commission of a crime. 
‘‘(3) All information contained in the domestic vio-
lence incident report shall be forwarded to the appropriate 
military criminal investigative unit, to the judge advocate 
with responsibility for the jurisdiction, and to the com-
mander of the suspect and of the installation. 
‘‘(4) The domestic violence incident report shall be 
on a form set forth in regulations prescribed by the Sec-
retary of Defense. The form shall include provision for the 
following information: 
‘‘(A) The relationship of the parties. 
‘‘(B) The sex of the parties. 
‘‘(C) The time and date of the incident. 
‘‘(D) The number of domestic violence calls in-
vestigated. 
‘‘(E) Whether children were involved, or wheth-
er the alleged act of domestic violence had been com-
mitted in the presence of children. 
‘‘(F) The type and extent of the abuse. 
‘‘(G) The number and type of weapons involved. 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS
107 
the position as a career reserved position under section 
3132(b) of title 5. 
‘‘(c) DUTIES.—Subject to the authority, direction, 
and control of the Secretary of Defense, the Director of 
Special Investigations shall perform the duties set forth 
in this section and such other related duties as the Sec-
retary may prescribe. 
‘‘(d) DIRECT INVESTIGATIONS.—The Director shall 
review an investigation of an allegation of sexual mis-
conduct, sexual assault, family violence, stalking, or do-
mestic violence— 
‘‘(1) if requested— 
‘‘(A) by the director of the Office of Vet-
erans Affairs; 
‘‘(B) by an investigative organization of 
the Department of Defense or one of the mili-
tary departments; or 
‘‘(i) by a commander of a member of 
the Armed Forces alleged to have engaged 
in sexual misconduct, sexual assault, do-
mestic violence, family violence, or stalking 
or to have been the victim of sexual mis-
conduct, sexual assault, domestic violence, 
family violence, or stalking; or 
VerDate Nov 24 2008 
00:35 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H840.IH
H840
jbell on PROD1PC69 with BILLS