I 
108TH CONGRESS 
2D SESSION 
H. R. 5391 
To reduce sexual assault and domestic violence involving members of the 
Armed Forces and their family members and partners through enhanced 
programs of prevention and deterrence, enhanced programs of victims 
services, and strengthened provisions for prosecution of assailants, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2004 
Ms. SLAUGHTER introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committees on the Ju-
diciary and Veterans’ Affairs, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To reduce sexual assault and domestic violence involving 
members of the Armed Forces and their family members 
and partners through enhanced programs of prevention 
and deterrence, enhanced programs of victims services, 
and strengthened provisions for prosecution of assailants, 
and for other purposes. 
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 
‘‘Prevention of and Response to Sexual Assault and Do-
mestic Violence in the Military Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Findings relating to domestic violence within the Armed Forces. 
Sec. 4. Findings relating to sexual misconduct in the Armed Forces. 
TITLE I—VICTIMS’ ADVOCATE PROGRAMS IN THE DEPARTMENT 
OF DEFENSE 
Sec. 101. Office of the victims’ advocate. 
Sec. 102. Victims advocates. 
TITLE II—INTERDISCIPLINARY COUNCILS WITHIN THE 
DEPARTMENT OF DEFENSE 
Sec. 201. Department of Defense interdisciplinary council. 
Sec. 202. Military department councils. 
Sec. 203. Conforming repeal. 
TITLE III—REPORTING OF SEXUAL ASSAULT, DOMESTIC VIO-
LENCE, AND STALKING WITHIN THE DEPARTMENT OF DE-
FENSE 
Sec. 301. Complaints of sexual assault and domestic violence. 
Sec. 302. Response of military law enforcement officials to domestic violence in-
cidents. 
Sec. 303. Investigations of sexual and domestic violence cases involving Depart-
ment of Defense personnel. 
TITLE IV—PROTECTION OF PERSONS REPORTING SEXUAL 
ASSAULT OR DOMESTIC VIOLENCE 
Sec. 401. Protection of communications between victims and advocates. 
Sec. 402. Whistleblower protections for victim advocates. 
Sec. 403. Prohibition of compulsory disclosure of certain communications and 
information. 
TITLE V—PERSONNEL ADMINISTRATION MATTERS 
Sec. 501. Performance evaluations and benefits. 
TITLE VI—NATIONAL AND INTERNATIONAL HOTLINES 
AWARENESS, PREVENTION, AND INTERVENTION CAMPAIGN 
Sec. 601. Awareness, prevention, and intervention campaign.
TITLE VII—MEDICAL CARE AND TREATMENT FOR VICTIMS OF 
SEXUAL AND DOMESTIC VIOLENCE 
Sec. 701. Findings. 
Sec. 702. Enhanced Department of Defense treatment capacity. 
Sec. 703. Outreach program at the community level. 
Sec. 704. Equal treatment and services. 
Sec. 705. Evaluation of services and treatment within deployed units. 
Sec. 706. Emergency medical leave. 
Sec. 707. Reports. 
Sec. 708. Transition to veterans health care for victims or perpetrators of do-
mestic violence, sexual assault, family violence, or stalking. 
Sec. 709. Privacy safeguards. 
TITLE VIII—MILITARY-CIVILIAN SHELTER PROGRAMS 
Sec. 801. Enhanced capacity of the Department of Defense for shelter pro-
grams and services. 
TITLE IX—ENHANCEMENT OF ARMED FORCES DOMESTIC 
SECURITY ACT 
Sec. 901. Amendments to Servicemembers Civil Relief Act. 
TITLE X—CRIMES RELATED TO SEXUAL ASSAULT AND 
DOMESTIC VIOLENCE 
Subtitle A—Federal Criminal Code 
Sec. 1001. Assimilative crimes. 
Sec. 1002. Jurisdiction for sexual assault and domestic violence offenses com-
mitted outside the United States. 
Sec. 1003. Technical amendments. 
Sec. 1004. Travel and transportation. 
Subtitle B—Uniform Code of Military Justice 
Sec. 1011. Military sexual assault. 
Sec. 1012. Stalking. 
Sec. 1013. Domestic violence and family violence. 
Sec. 1014. Protective orders. 
TITLE XI—VICTIM’S RIGHTS AND RESTITUTION 
Sec. 1101. Military law enforcement and victims’ rights. 
Sec. 1102. Incident reports. 
Sec. 1103. Victim advocates and victims’ rights. 
Sec. 1104. Restitution. 
Sec. 1105. Records of military justice actions. 
Sec. 1106. Technical amendments relating to fatality review panels. 
Sec. 1107. Enhanced capacity of the Department of Defense for victim services. 
TITLE XII—COUNSELING AND TREATMENT PROGRAMS OF 
DEPARTMENT OF VETERANS AFFAIRS 
Sec. 1201. Permanent authority for counseling and treatment of veterans for 
sexual trauma.
Sec. 1202. Authority to operate additional Department of Veterans Affairs cen-
ters for mental illness research, education, and clinical activi-
ties. 
Sec. 1203. Improvement of program for provision of specialized mental health 
services to veterans. 
Sec. 1204. Enhancement of readjustment counseling services for reserve compo-
nent members. 
TITLE XIII—ENHANCEMENT OF TREATMENT SERVICES FOR 
PERPETRATORS 
Sec. 1301. Enhanced capacity of the Department of Defense for treatment 
services for offenders. 
TITLE XIV—PREVENTION AND INTERVENTION TRAINING IN THE 
DEPARTMENT OF DEFENSE 
Sec. 1401. Prevention and intervention training awards. 
TITLE XV—RESEARCH ON PREVALENCE, NEEDS ASSESSMENT, 
SERVICES, AND ACCOUNTABILITY 
Sec. 1501. Research on sexual assault in the Armed Forces. 
Sec. 1502. Research on institutional procedures for reporting sexual assaults in 
the Armed Forces. 
Sec. 1503. Research on domestic violence associated with the Armed Forces. 
Sec. 1504. Research on institutional procedures for reporting domestic violence 
in the Armed Forces. 
Sec. 1505. Research on dating violence associated with the Armed Forces. 
Sec. 1506. Research on sexual violence perpetrated upon civilians. 
Sec. 1507. Research on child maltreatment, abuse, and homicide in the Armed 
Forces. 
TITLE XVI—SUMMIT ON SEXUAL ASSAULT AND DOMESTIC 
VIOLENCE 
Sec. 1601. Purposes. 
Sec. 1602. Establishment. 
Sec. 1603. Eligible participants. 
Sec. 1604. Summit activities. 
Sec. 1605. Authorization of appropriations. 
TITLE XVII—CONFERENCE ON SEXUAL ASSAULT AND DOMESTIC 
VIOLENCE 
Sec. 1701. Establishment. 
Sec. 1702. Conference participants. 
Sec. 1703. Conference activities. 
Sec. 1704. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given that term in section
2003 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2). 
(2) FAMILY VIOLENCE.—The term ‘‘family vio-
lence’’ has the meaning given that term in section 
308 of the Family Violence Prevention and Services 
Act (42 U.S.C. 10408). 
(3) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter 
109A of title 18, United States Code, whether or not 
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by 
offenders who are strangers to the victim and as-
saults committed by offenders who are known or re-
lated by blood or marriage to the victim. 
(4) SEXUAL MISCONDUCT.—The term ‘‘sexual 
misconduct’’ includes the following: 
(A) Sexual harassment, entailing any con-
duct involving sexual harassment that— 
(i) in the case of conduct of a person 
who is subject to the provisions of chapter 
47 of title 10, United States Code (the 
Uniform Code of Military Justice), com-
prises a violation of a provision of sub-
chapter X of such chapter (relating to pu-
nitive articles of such Code) or an applica-
ble regulation, directive, or guideline re-
garding sexual harassment that is pre-
scribed by the Secretary of Defense or the 
Secretary of a military department; and 
(ii) in the case of an employee of the 
Department of Defense or a family mem-
ber subject to the jurisdiction of the Sec-
retary of Defense or of the Secretary of a 
military department, comprises a violation 
of a regulation, directive, or guideline that 
is applicable to such employee or family 
member. 
(B) Sexual abuse. 
(C) Sexual assault. 
(D) Sexual battery. 
(E) Rape. 
(5) STALKING.—The term ‘‘stalking’’ means 
engaging in a course of conduct as proscribed in 
chapter 109A of title 18, United States Code, as di-
rected at a specific person that would cause a rea-
sonable person to fear death, sexual assault, or bod-
ily injury to himself or herself or a member of his 
or her immediate family when—
(A) the person engaging in such conduct 
has knowledge or should have knowledge that 
the specific person will be placed in reasonable 
fear of death, sexual assault, or bodily injury to 
himself or herself or a member of his or her im-
mediate family; and 
(B) the conduct induces fear in the specific 
person of death, sexual assault, or bodily injury 
to himself or herself or a member of his or her 
immediate family. 
(6) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’ has the meaning provided in section 
101(a)(4) of title 10, United States Code. 
(7) FAMILY
ADVOCACY
PROGRAM.—The term 
‘‘family advocacy program’’ has the meaning pro-
vided in Department of Defense Directive 6400.1, 
issued by the Office of Family Policy of the Depart-
ment of Defense established by section 1781 of title 
10, United States Code. 
(8) VICTIMS’ ADVOCATES PROGRAM.—The term 
‘‘victims’ advocates program’’ means a program es-
tablished within a military department pursuant to 
section 534(a) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (10 U.S.C. 113 note).
(9) VICTIM.—The term ‘‘victim’’ means a per-
son who is a victim of domestic violence, family vio-
lence, sexual assault, 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 cohabiting 
with or has cohabited as a spouse with a mem-
ber of the Armed Forces; 
(E) by or upon a person similarly situated 
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. 
(10) VICTIM
SERVICES.—The term ‘‘victim 
services organization’’ means a nonprofit, non-
governmental organization or a public, nonprofit or-
ganization acting in a nongovernmental capacity 
that assists domestic violence, family violence, or 
sexual assault victims, including women’s centers, 
rape crisis centers, battered women’s shelters, and 
other sexual assault, domestic violence or dating vio-
lence programs, including counseling, support and 
victim advocate organizations with domestic violence, 
dating violence, stalking, and sexual assault pro-
grams. 
(11) DATING VIOLENCE.—The term ‘‘dating vi-
olence’’ means violence committed by a person— 
(A) who is or has been in a social relation-
ship of a romantic or intimate nature with the 
victim; and 
(B) where the existence of such a relation-
ship shall be determined based on a consider-
ation of— 
(i) the length of the relationship; 
(ii) the type of relationship; and 
(iii) the frequency of interaction be-
tween the persons involved in the relation-
ship. 
(12) ELECTRONIC COMMUNICATION.—The term 
‘‘electronic communication’’ has the meaning given
that term in paragraph (12) of section 2510 of title 
18, United States Code. 
(13) STATE.—The term ‘‘State’’ includes the 
District of Columbia, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, the Virgin Islands, American Samoa, 
and any other territory or possession of the United 
States. 
(14) 
TRANSITIONAL
HOUSING.—The 
term 
‘‘transitional housing’’ includes short-term housing 
and has the meaning given that term in section 
424(b) of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11384(b)). 
(15) 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. 
(16) 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 the Uniform Code of Military Justice (chap-
ter 47 of title 10, United States Code) or to trial 
thereunder.
(17) 
BATTERERS
PROGRAM.—The 
term 
‘‘batterers program’’ means a program approved or 
certified by a State that is operated by a public or 
not-for-profit organization for the purpose of pro-
viding battering prevention and educational services 
the goal of which is to help clients end abusive be-
haviors and components of which include— 
(A) an educational instruction and group 
discussion model to provide information about 
domestic violence; the illegality of domestic vio-
lence, and the responsibility for and alternative 
choices to abusive behavior; and 
(B) a long-term group that helps end the 
violent behavior of its participants with formal 
linkages to the local criminal justice systems 
and to area domestic violence services. 
(18) REPRESENTATIVE OF THE VICTIM.—The 
term ‘‘representative of the victim’’ means, with re-
spect to a victim, any of 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. 
(19) PARTNER.—The term ‘‘partner’’ means 
any of the following: 
(A) A person who is or has been in a social 
relationship of a romantic or intimate nature 
with another, where the existence of such a re-
lationship is determined based on a consider-
ation of the length of the relationship, the type 
of relationship, and the frequency of interaction 
between the persons involved in the relation-
ship. 
(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. 
(E) A former spouse. 
SEC. 3. FINDINGS RELATING TO DOMESTIC VIOLENCE 
WITHIN THE ARMED FORCES. 
Congress makes the following findings: 
(1) The prevalence of intimate partner violence 
associated with the Armed Forces is dramatic. In
fiscal year 2001, 18,000 reported cases of spouse 
abuse occurred involving military personnel, of which 
11,000 cases were substantiated by the Department 
of Defense Family Advocacy Program. 
(2) In a survey of intimate partner violence 
among married members of the Armed Forces, ap-
proximately 30 percent of the respondents who ac-
knowledged using a knife or gun on an intimate 
partner were single service members. Thirty-three 
percent of never-married soldiers reported using a 
knife or a gun; however only five percent of the 
never married soldiers answered the survey. 
(3) The predominant type of spouse abuse asso-
ciated with the Armed Forces is physical assault. A 
study found that 85 percent of the offenders in the 
Armed Forces committed physical assaults. 
(4) Several studies commissioned by the De-
partment of Defense have concluded that the De-
partment and its service branches have failed to 
standardize data collection and that data related to 
recidivism and reoffense are unreliable. Under-
reporting, informal handling, and slippages in cen-
tral data collection have also been cited as contrib-
uting to the lack of reliable data.
(5) The victims of intimate partner violence as-
sociated with the Armed Forces are particularly vul-
nerable due to isolation, mobile residency, financial 
insecurity, and fear of adverse career consequences 
and impact, with resultant severe underreporting of 
incidents and the failure to access services, care, and 
treatment. 
(6) The safety of the victim is significantly af-
fected by confusion over the definition of intimate 
partner violence, family violence, sexual assault, 
rape, and spouse abuse. 
(7) The safety of a victim is significantly af-
fected by the substantiation of mutual abuse. A 
study conducted by the Department of Defense con-
cluded that 33 percent of the offenders were involved 
in mutual abuse. The identification of the primary 
aggressor is essential to the safety of a victim. 
(8) The victims of family violence are vulner-
able to eviction from military housing. Department 
of Defense data indicates that 47 percent of the vic-
tims of family violence reside on a military installa-
tion. The Department of Defense should support 
transitional housing for family members challenged 
by domestic violence, sexual assault, or stalking.
(9) The Department of Defense has sponsored 
programs to prevent, identify, and curtail family vio-
lence. The rehabilitative, nonjudicial, legal, and judi-
cial responses to family violence are not standard-
ized or comprehensive for the Armed Forces. 
(10) The Department of Defense has acknowl-
edged multiple barriers to operating programs to 
curtail intimate partner violence, including lack of 
awareness and understanding in the military com-
munity of the signs and dynamics of family violence, 
inconsistent command support for Family Advocacy 
Program recommendations and interventions, oper-
ational barriers to victim safety and client participa-
tion, and unit deployment schedules interfering with 
full participation in and timely completion of treat-
ment programs by active-duty servicemembers. 
(11) Commander discretion plays a major role 
in a zero tolerance climate, victim safety, and of-
fender accountability. Command support and train-
ing by professionals in the fields of family violence 
and sexual assault would enhance the readiness of 
the Armed Forces. 
(12) The rates of domestic violence among 
members of the Armed Forces are considerably high-
er than anticipated and are two, three, four, or five 
times higher than the civilian rate. 
(13) Military deployments affect the prevalence 
and severity of abuse within the Armed Forces. 
(14) A review of homicides within the Armed 
Forces indicates that firearms were used against 35 
percent of female victims, while 28 percent of female 
victims were beaten or strangled. Females were over 
ten times more likely than males to be strangled. 
The study concluded that active-duty females were 
at increased risk for homicide in comparison to both 
males in the Armed Forces and females in the gen-
eral population. 
(15) Five to six percent of substantiated offend-
ers are court-martialed by military authorities. 
(16) A study commissioned by the Department 
of Defense concluded that 75 to 84 percent of ac-
tive-duty offenders were discharged honorably. 
(17) The health and welfare of Armed Forces 
personnel, families, and partners would be greatly 
enhanced by elimination of domestic and family vio-
lence. 
SEC. 4. FINDINGS RELATING TO SEXUAL MISCONDUCT IN 
THE ARMED FORCES. 
Congress makes the following findings:
(1) The first large-scale survey of sexual mis-
conduct within the Armed Forces concluded that 5 
percent of female respondents and 1 percent of male 
respondents were victims of completed or attempted 
rape. 
(2) The most recent estimates suggest that sex-
ual misconduct in the Armed Forces has decreased 
from 6 percent of female respondents reporting a 
completed or attempted rape to 3 percent of female 
respondents reporting the same. 
(3) Department of Defense surveys have ranked 
the prevalence of sexual misconduct among the serv-
ices, citing 9 percent of female Marines were victims 
of an attempted or completed rape, 8 percent of fe-
male Army personnel, 6 percent of female Naval per-
sonnel, and 4 percent of Air Force female personnel. 
(4) A survey by the Department of Veterans 
Affairs concluded that 30 percent of female veterans 
report an attempted or completed rape during active 
duty. Thirty-seven percent of the women who re-
ported an attempted or completed rape had been 
raped more than once, while 14 percent of the vic-
tims reported being gang raped. 
(5) The disparity between the surveys con-
ducted by the Department of Defense and Depart-
ment of Veterans Affairs entails the application of 
research protocols varying from civilian practices, in-
cluding the protection of human subjects, anonymity 
for respondents, and behavior based questionnaires. 
(6) Men accounted for 22 percent of those seek-
ing treatment for sexual trauma at the Veterans’ 
Centers in 1996, an increase from 13 percent in 
1994. The percentage of male sexual trauma vic-
tims, 9 percent, is significantly higher than in the ci-
vilian community. 
(7) Eight percent of female Persian Gulf War 
veterans in a survey reported being sexually abused 
during Operation Desert Shield and Operation 
Desert Storm. The rate of victimization experienced 
by female servicemembers deployed during the Gulf 
War represents nearly a 10-fold increase over rates 
obtained using female civilian community samples. 
(8) In a survey of veterans seeking disability 
benefits from the Department of Veterans Affairs 
for post-traumatic stress disorder (PTSD), 6.5 per-
cent of male combat veterans reported an in service 
or post service sexual assault, while 16.5 percent of 
noncombat veterans reported an in service or post 
service sexual assault; 69 percent of female combat 
veterans and 86.6 percent of female noncombat vet-
erans reported an in-service or post service sexual 
assault. The reported rates of sexual assault are 
higher among veterans seeking veterans’ disability 
benefits for PTSD than the historically reported 
rates for men and women in the general population. 
(9) The military environment is more power-
fully associated with risk than individual factors, en-
compassing young women entering male dominated 
working groups at lower levels of authority, sexual 
harassment by officers, and unwanted advances on 
duty and in sleeping quarters. 
(10) The prior victimization of the female 
servicemembers has been cited in numerous service 
sponsored studies. Prior victimization results in en-
hanced vulnerability of a victim. 
(11) Female servicemembers are less likely to 
report harassment, rape, and family violence due to 
fear of adverse career impact and charges of drink-
ing, fraternization, and adultery. 
(12) The response of the Armed Forces is pre-
dominantly an administrative intervention rather 
than criminal investigations, charges, and judicial 
proceedings. 
(13) The overlap of physical, sexual, and emo-
tional abuse is routinely found in studies and case
histories of survivors. Research relative to active 
duty military women has cited this overlap indi-
cating that one third of female veterans who experi-
ence physical assault by an intimate partner also re-
port being sexually assaulted. 
TITLE 
I—VICTIMS’ 
ADVOCATE 
PROGRAMS IN THE DEPART-
MENT OF DEFENSE. 
SEC. 101. 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 
‘‘1811. Office of the Victims’ Advocate: establishment. 
‘‘1812. Office of the Victims’ Advocate: responsibilities. 
‘‘1813. Office of the Victims’ Advocate: Director and staff. 
‘‘1814. Office of the Victims’ Advocate: access. 
‘‘1815. Office of the Victims’ Advocate: authorities and powers. 
‘‘1816. Office of the Victims’ Advocate: victim protection actions. 
‘‘1817. Office of the Victims’ Advocate: victims advocates whistleblower protec-
tions. 
‘‘1818. Office of the Victims’ Advocate: annual assessment. 
‘‘1819. Office of the Victims’ Advocate: annual reports. 
‘‘1820. Office of the Victims’ Advocate: policy implementation. 
‘‘1821. Authorization of appropriations. 
‘‘§ 1811. Office of the Victims’ Advocate: establish-
ment 
‘‘(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) VICTIM DEFINED.—In this chapter, the term 
‘victim’ means a person who is a victim of domestic vio-
lence, family violence, sexual assault, stalking, or sexual 
misconduct committed— 
‘‘(1) by or upon a member of the armed forces; 
‘‘(2) by or upon a family member of a member 
of the armed forces; 
‘‘(3) by or upon a person who shares a child in 
common with a member of the armed forces; 
‘‘(4) by or upon a person who is cohabiting with 
or has cohabited as a spouse with a member of the 
armed forces; 
‘‘(5) by or upon a person similarly situated to 
a spouse of a member of the armed forces; or 
‘‘(6) by or upon any other person who is pro-
tected 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. 
‘‘§ 1812. Office of the Victims’ Advocate: responsibil-
ities 
‘‘(a) COORDINATION FUNCTIONS.—(1) The Office 
shall restore access to services for victims and survivors 
of domestic violence, family violence, sexual assault, and 
stalking.
‘‘(2) The Office shall contract victim advocates in the 
Department of Defense for purposes of victims’ advocates 
programs in the Department of Defense under section 534 
of the National Defense Authorization Act for Fiscal Year 
1995 (10 U.S.C. 113 note). In awarding contracts under 
this paragraph, the Director shall— 
‘‘(A) ensure that such contracts are awarded on 
a competitive basis; 
‘‘(B) ensure, to the extent practicable, an equi-
table geographic distribution among the regions of 
the United States and among urban, suburban and 
rural areas; 
‘‘(C) give preference to applicants with strong 
ties to minority communities and those that dem-
onstrate high levels of cultural competence; and 
‘‘(D) ensure that the victim advocates have re-
ceived specialized training in the counseling and sup-
port of victims and that each victim advocate meets 
the following requirements: 
‘‘(i) Has a master’s degree in counseling or 
a related field or has one year of counseling ex-
perience, at least six months of which has been 
in the counseling of sexual assault or domestic 
violence victims.
‘‘(ii) Has at least 40 hours of training as 
specified by regulations prescribed by the Direc-
tor, including training in the following areas: 
‘‘(I) History of domestic violence and 
sexual assault. 
‘‘(II) Civil, criminal and military law 
as it relates to domestic violence and sex-
ual assault. 
‘‘(III) Societal attitudes. 
‘‘(IV) Peer counseling techniques. 
‘‘(V) Housing. 
‘‘(VI) Public and private assistance 
available to victims. 
‘‘(VII) Financial resources for victims. 
‘‘(VIII) Safety and protection re-
sources for victims. 
‘‘(IX) Victim and transitional com-
pensation. 
‘‘(X) Benefits. 
‘‘(XI) Referral services available to 
victims. 
‘‘(3) The Office shall serve as headquarters program 
manager for the Victims’ Advocates Program in the De-
partment of Defense under section 534 of the National
Defense Authorization Act for Fiscal Year 1995 (10 
U.S.C. 113 note). 
‘‘(4) The Office shall obtain for any victim of domes-
tic violence, family violence, sexual assault, or stalking re-
ferred to in this section, 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, counseling, and other mental health services ap-
propriate for treatment, including— 
‘‘(A) injuries resulting from domestic violence, 
sexual assault or stalking; 
‘‘(B) rape evidence kits; 
‘‘(C) DNA screening and testing; 
‘‘(D) sexually transmitted diseases screening 
and treatment; 
‘‘(E) HIV screening and treatment; 
‘‘(F) pregnancy testing; 
‘‘(G) FDA-approved methods of pregnancy pre-
vention, including emergency contraception; 
‘‘(H) reproductive services, including prenatal 
care and abortions as authorized by section 1093 of 
this title; and 
‘‘(I) other mental and physiological results of 
the domestic violence, sexual assault, or stalking.
‘‘(5) The Office shall coordinate and facilitate serv-
ices within the military departments for victims and sur-
vivors of domestic violence, family violence, sexual assault, 
and stalking. 
‘‘(6) The Office shall coordinate programs and activi-
ties of the military departments relative to services and 
treatment for victims of domestic violence, family violence, 
sexual assault, and stalking. 
‘‘(b) 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 such 
services and treatment, with a view towards the 
rights of victims of domestic violence, family vio-
lence, 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. 
‘‘(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 installation hotlines for victims of do-
mestic 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 complaints of persons and inves-
tigation of those where victims may be in need of or 
benefit from assistance from a victim advocate. 
‘‘(8) Serve or designate a person to serve on the 
interdisciplinary councils under sections 201 and 
202 of the Prevention of and Response to Sexual As-
sault and Domestic Violence in the Military Act. 
‘‘(9) Serve or designate a person to serve on the 
fatality review panels established by the Secretary of
Defense under sections 4061, 6036, and 9061 of 
this title. 
‘‘(c) POLICY RESPONSIBILITIES.—(1) The Director 
shall recommend to the Secretary of Defense and the Sec-
retaries of the military departments a comprehensive pol-
icy on prevention and intervention to domestic violence, 
family violence, sexual assault and stalking involving mem-
bers of the armed forces, families, and partners. The com-
prehensive policy shall address the following matters: 
‘‘(A) Prevention measures. 
‘‘(B) Education and training on prevention and 
intervention. 
‘‘(C) Investigation of complaints by command 
and law enforcement personnel. 
‘‘(D) Medical treatment of victims. 
‘‘(E) Confidential reporting of incidents. 
‘‘(F) Victim advocacy and intervention. 
‘‘(G) Oversight by commanders of administra-
tive and disciplinary actions in response to substan-
tiated incidents of domestic violence, family violence, 
sexual assault, or stalking. 
‘‘(H) Disposition of victims of domestic vio-
lence, family violence, sexual assault, or stalking, in-
cluding review by appropriate authority of adminis-
trative separation actions involving victims of domes-
tic violence, family violence, sexual assault, or stalk-
ing. 
‘‘(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 of do-
mestic violence, family violence, sexual assault, or 
stalking. 
‘‘(K) Uniform collection of data on the inci-
dence of sexual assaults and on disciplinary actions 
taken in substantiated cases of domestic violence, 
family violence, sexual assault, or stalking. 
‘‘(2) Not later than January 1, 2005, the Secretary 
of Defense, acting through the Office of the Victims’ Ad-
vocate, shall develop a comprehensive policy for the De-
partment of Defense on the prevention and intervention 
of domestic violence, sexual assault, family violence and 
stalking involving members of the armed forces. The policy 
shall be based on— 
‘‘(A) a review of— 
‘‘(i) the Department of Defense Task 
Force on Care for Victims of Sexual Assaults; 
and
‘‘(ii) the Defense Task Force on Domestic 
Violence; and 
‘‘(B) such other matters as the Secretary, in 
consultation with the Director of the Office of the 
Victims’ Advocate, considers appropriate. 
‘‘(3) The Office shall recommend changes in policies, 
personnel, and procedures for dealing with domestic vio-
lence, family violence, sexual assault and stalking based 
on evaluations outlined in subsection (b) and as the Direc-
tor of the Office of the Victims’ Advocate considers appro-
priate. 
‘‘(4) The Office shall establish protective provisions 
and protocols, including a privacy privilege and nondisclo-
sure policy. 
‘‘(5) The Office shall prescribe regulations to estab-
lish responsibilities of military law enforcement officials at 
the scene of domestic violence, as defined by section 1058 
of this title, and fatality review panels, as defined by sec-
tions 4061, 6036, and 9061 of this title, to carry out the 
provisions of those sections. 
‘‘(6) The Office shall propose systemic reform and 
formal legal action to secure and ensure the legal, civil, 
and special rights of victims associated with the armed 
forces.
‘‘(d) EDUCATION
AND
TRAINING
RESPONSIBIL-
ITIES.—(1) The Office shall conduct training for and pro-
vide technical assistance to— 
‘‘(A) commands; 
‘‘(B) victim advocates; 
‘‘(C) Family Advocacy Programs; 
‘‘(D) victim witness assistance; 
‘‘(E) commissions; liaisons; 
‘‘(F) judge advocates; and 
‘‘(G) law enforcement and security forces of the 
military departments. 
‘‘(2) The Office shall conduct annual, Defense-wide, 
mandatory training for— 
‘‘(A) command staff; first responders, including 
commanders; 
‘‘(B) law enforcement; 
‘‘(C) security forces; 
‘‘(D) victim advocates; 
‘‘(E) military criminal investigators; 
‘‘(F) Family Advocacy Programs; 
‘‘(G) sexual assault nurse examiners; 
‘‘(H) rape crisis advocates; 
‘‘(I) chaplains; 
‘‘(J) military health care providers; 
‘‘(K) judge advocates; and
‘‘(L) other relevant staff. 
‘‘(3) The Office shall conduct train-the-trainer ses-
sions to supplement annual mandatory training for first 
responders and command staff with quarterly training 
within commands. 
‘‘(4) The Office shall conduct programs of public edu-
cation, including the development and distribution of bro-
chures, booklets, posters, and handbooks outlining hot-
lines, services, contact information, policies, and protocols 
for victims. 
‘‘§ 1813. Office of the Victims’ Advocate: Director and 
staff 
‘‘(a) DIRECTOR.—(1) The Director of the Office shall 
be a person with knowledge of victims’ rights, advocacy, 
social services, and justice within Federal, State, and mili-
tary systems. 
‘‘(2) The Director shall be a civilian qualified by 
training and expertise to perform the responsibilities of 
the Office and possessing a significant level of experience 
in advocacy for victims of sexual assault, domestic vio-
lence, family violence, and stalking. 
‘‘(3) The Director reports directly to the Secretary 
of Defense. 
‘‘(4) 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. 
‘‘(5) The Secretary of Defense shall consult with the 
interdisciplinary council established under section 201 of 
the Prevention of and Response to Sexual Assault and Do-
mestic Violence in the Military Act in the appointment of 
the Director. 
‘‘(b) VICTIMS ADVOCATES.—(1) Victims advocates 
positions (as defined by section 534 of the National De-
fense Authorization Act for Fiscal Year 1995 (10 U.S.C. 
113 note)) shall be contracted by and assigned to the Di-
rector. Personnel shall be qualified by training, certifi-
cation, and expertise to perform the duties of a victim ad-
vocate. 
‘‘(2) Victim advocates shall be civilians qualified by 
training, expertise, and certification to perform the re-
sponsibilities of the position, possessing a significant level 
of knowledge relative to the armed forces community and 
experience in advocacy for victims of sexual assault, do-
mestic violence, family violence, and stalking. 
‘‘(3) The victim advocates report directly to the Di-
rector or the Director’s designee within the Office. 
‘‘(4) The Director shall consult with the interdiscipli-
nary councils established under sections 201 and 202 of 
the Prevention of and Response to Sexual Assault and Do-
mestic Violence in the Military Act in the contracting of 
victim advocates. 
‘‘(5) To the maximum extent practicable, the victim 
advocates shall be generally representative of the popu-
lation of the United States with regard to race, gender, 
and cultural diversity. 
‘‘(c) VICTIM WITNESS PERSONNEL.—Victim witness 
personnel shall be assigned to the Office. 
‘‘(d) STAFF.—(1) Staff shall be provided to carry out 
the responsibilities of the Office, including sexual assault 
nurse examiners, community liaisons, trauma specialists, 
perpetrator behavioral specialists, and such other per-
sonnel as may be required to carry out the provisions of 
this section. 
‘‘(2) To the maximum extent practicable, the staff 
of the Office shall be generally representative of the popu-
lation of the United States with regard to race, gender, 
and cultural diversity. 
‘‘§ 1814. Office of the Victims’ Advocate: access 
‘‘(a) ACCESS TO SENIOR OFFICIALS.—The Director 
of the Office shall have direct and prompt access to the 
Secretary of Defense, the Secretary of each military de-
partment, and any commander when necessary for any 
purpose pertaining to the performance of the Director’s 
duties.
‘‘(b) ACCESS TO INFORMATION.—The Director shall 
have access to the following: 
‘‘(1) Name of a victim receiving services, treat-
ment, or other programs under the jurisdiction of 
the military departments and the location of the vic-
tim, if in custody. 
‘‘(2) Written reports of sexual assault, sexual 
misconduct, domestic violence, family violence, or 
stalking prepared by the military departments. 
‘‘(3) Records required to maintain the respon-
sibilities assigned to the Office. 
‘‘(4) Records of law enforcement, criminal in-
vestigative organizations, health care providers, and 
command and Family Advocacy Programs as may be 
necessary to carry out the responsibilities of the Of-
fice. 
‘‘(c) CONFIDENTIALITY.—To the extent that any in-
formation referenced in this section provides the name and 
address of an individual who is the subject of any con-
fidential proceeding, that name and address or related in-
formation that has the effect of identifying such individual 
shall not be released to the public without the consent of 
such individual.
‘‘§ 1815. Office of the Victims’ Advocate: authorities 
and powers 
‘‘(a) IN GENERAL.—The Office of the Victims’ Advo-
cate shall have the following authorities and powers: 
‘‘(1) To communicate privately by mail or orally 
with any victim, survivor, or family in treatment or 
under protective services of a military department. 
‘‘(2) To have access to records held by the clerk 
of courts, law enforcement, agencies, and institu-
tions, public or private, and other agencies or per-
sons with whom a particular case has been exam-
ined, including the right to inspect, copy, and sub-
poena such records. 
‘‘(3) To take whatever steps are appropriate to 
see that persons are made aware of the services of 
the Office, the purpose of the Office, and how the 
Office may be contacted. 
‘‘(4) To establish policies, procedures, and prac-
tices in order to protect the privacy and confiden-
tiality of communications for persons seeking infor-
mation and services with victim advocates and victim 
witness liaisons contracted by and assigned to the 
Office. 
‘‘(b) 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 Office shall 
protect the confidentiality and privacy of persons receiving 
services. The Office may not disclose any personally identi-
fying information or individual information collected in 
connection with services requested, used, or denied 
through its programs. The Office may not reveal indi-
vidual victim information without the informed, written, 
reasonably time-limited consent of the person (or in the 
case of unemancipated minor, the minor and the parent 
or guardian) about whom information is sought, whether 
for the Office or for any other military, Tribal, Federal, 
State, or Territorial program. 
‘‘(2) If release of information referred to in para-
graph (1) is compelled by statutory or court mandate, the 
Office 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 Office shall take steps necessary to protect the 
privacy and safety of the persons affected by the release 
of the information. 
‘‘(3) The Office may share nonpersonally identifying 
data in the aggregate regarding services to the Office’s 
clients and nonpersonally identifying demographic infor-
mation in order to comply with armed forces, Tribal, Fed-
eral, State or Territorial reporting, evaluation, or data col-
lection requirements. 
‘‘(4) The Office may share court-generated informa-
tion contained in secure, governmental registries for pur-
poses of enforcement of protection orders. 
‘‘(c) PERSONALLY IDENTIFYING INFORMATION.—In 
this section, the term ‘personally identifying information’ 
means individually identifying information from or about 
an individual, including the following: 
‘‘(1) A first and last name. 
‘‘(2) A home or other physical address, includ-
ing street name and name of city or town. 
‘‘(3) If a member or former member of the 
armed forces— 
‘‘(A) active duty, reservist, guard, or vet-
eran status; 
‘‘(B) assigned rate or rank; 
‘‘(C) duty station or deployment status; 
and 
‘‘(D) squad, unit, platoon, ship, fleet, wing, 
squadron, company or battalion of the Army, 
Navy, Marine Corps, or Air Force. 
‘‘(4) An email address or other online contact 
information, such as an instant messaging user iden-
tifier or a screen name that reveals an individual’s 
email address. 
‘‘(5) A telephone number. 
‘‘(6) A Social Security Number. 
‘‘(7) An Internet Protocol (IP) address or host 
name that identifies an individual. 
‘‘(8) 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. 
‘‘(9) Any information, including grade point av-
erage, date of birth, academic or occupational as-
signments or interests, athletic or extracurricular in-
terests, racial or ethnic background, or religious af-
filiation, that, in combination with information speci-
fied in any of paragraphs (1) through (8), would 
serve to identify an individual. 
‘‘(d) STANDARDS.—The Office shall abide by statu-
tory, regulatory, professional, and ethical standards estab-
lished within the professions relative to confidentiality of 
communications, including the Health Insurance Port-
ability and Accountability Act, the National Association 
of Social Workers and American Psychological Associa-
tion.
‘‘§ 1816. Office of the Victims’ Advocate: victim pro-
tection actions 
‘‘(a) ORDERS OF PROTECTION.—The Office of the 
Victims’ Advocate shall obtain for any victim of sexual 
misconduct, sexual assault, family violence, domestic vio-
lence, or stalking, from any military command a 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.—The 
Office of the Victims’ Advocate shall request from any 
commanding officer an order for the relocation or reas-
signment of an alleged offender during an investigation, 
disciplinary action, or court-martial in order to ensure the 
safety of a victim. 
‘‘§ 1817. 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 military law en-
forcement, military criminal investigators, judge ad-
vocates or command; 
‘‘(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 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 prohibited 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: 
‘‘(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 
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, 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. 
‘‘(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. 
‘‘(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 not 
later than 120 days after the date of enactment of this 
section. In prescribing regulations under this section, the 
Secretary of Defense shall provide for appropriate proce-
dural protections for the subject of any investigation car-
ried out under the provisions of that 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). 
‘‘§ 1818. Office of the Victims’ Advocate: annual as-
sessment 
‘‘(a) DATA COMPLIANCE AND REPORTING.—The Of-
fice of the Victims’ Advocate shall compile an annual re-
port consisting of data collected by the military depart-
ments, including Defense Incident Based Reporting Sys-
tem (DIBRS), Case Information System, database on do-
mestic violence as defined by section 1562 of this title, 
central registry of the Family Advocacy Program, military 
justice, criminal investigators, law enforcement, security 
forces and victim advocates. The data shall be collected 
pursuant to policies set forth by the Director of the Office. 
‘‘(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 and 
intervention for domestic violence, family violence, sexual 
assault and stalking involving members of the armed 
forces in order to determine the effectiveness of such poli-
cies and procedures during such fiscal year in providing 
an appropriate response to domestic violence, family vio-
lence, sexual assault and stalking. 
‘‘(c) PERSONNEL ANALYSIS.—The annual assess-
ment shall include a review of personnel, including staffing 
levels, assignments, accessibility, availability, training, and 
duties of victim advocates, victim witness liaisons, sexual 
assault nurse examiners, and others considered appro-
priate by the Director assigned to assist victims of domes-
tic violence, sexual assault, family violence, or stalking. 
The assessment shall include a review of personnel as-
signed to deployed units, along with recommendations to 
enhance availability, accessibility, and training for per-
sonnel. 
‘‘(d) ASSESSMENT OF STATUTES AND DIRECTIVES.— 
The annual assessment shall include a review of— 
‘‘(1) the Uniform Code of Military Justice, the 
Victims’ Rights and Restitution Act, the Violence 
Against Women Act, and other Federal statutes; 
‘‘(2) directives of the military departments; and 
‘‘(3) regulations of the military departments 
considered appropriate by the Director in order to 
enhance the foundation of law and policy within the 
military departments in response to domestic vio-
lence, family violence, sexual assault, and stalking.
‘‘§ 1819. Office of the Victims’ Advocate: annual re-
ports 
‘‘(a) ANNUAL REPORTS.—(1) Not later than April 1, 
2005, and January 15 of each year thereafter, the Direc-
tor shall submit to the Secretary of Defense a report on 
the 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 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 such report and the number of the 
cases so reported that were substantiated. 
‘‘(B) A synopsis of, and the disciplinary action 
taken in, each case. 
‘‘(C) The policies, procedures, and processes 
implemented by the military departments during the 
year covered by such report in response to incidents 
of domestic violence, family violence, sexual assault, 
and stalking involving members of the armed forces. 
‘‘(D) A plan for the actions that are to be taken 
in the year following the year covered by such report 
on the prevention of and response to domestic vio-
lence, family violence, sexual assault and stalking in-
volving members of the armed forces. 
‘‘(3) Each report under paragraph (1) in 2006, 2007 
and 2008 shall also include the assessment conducted by 
the Director under section 1818(b) of this title. 
‘‘(b) REPORT TO CONGRESS.—The Secretary of De-
fense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives each report 
submitted to the Secretary under this section, together 
with the comments of the Secretary on such report. The 
Secretary shall transmit the report for 2004 not later than 
May 1, 2005, and shall transmit the report for any subse-
quent year not later than March 15 of the following year. 
‘‘§ 1820. Office of the Victims’ Advocate: policy imple-
mentation 
‘‘(a) RESPONSIBILITY.—The Secretary of Defense, 
acting through the Office of the Victims’ Advocate, shall 
implement the comprehensive policy developed pursuant to 
section 1812(c) of this title. 
‘‘(b) APPLICATION OF COMPREHENSIVE POLICY TO 
MILITARY DEPARTMENTS.—The Secretary shall ensure 
that, to the maximum extent practicable, the policy devel-
oped under subsection (c) is implemented uniformly by the 
military departments.
‘‘(c) POLICIES AND PROCEDURES OF THE MILITARY 
DEPARTMENTS.— 
‘‘(1) Not later than March 1, 2005, the Sec-
retary of Defense and Secretaries of the military de-
partments, in consultation with the Office of the 
Victims’ Advocate, shall prescribe regulations, or 
modify current regulations, on the policies and pro-
cedures of the military departments on the preven-
tion of and response to domestic violence, family vio-
lence, sexual assault, or stalking involving members 
of the armed forces in order— 
‘‘(A) to conform such policies and proce-
dures to the policy developed under subsection 
(b); and 
‘‘(B) to ensure that such policies and pro-
cedures include the elements specified in para-
graph (2). 
‘‘(2) The elements specified in this paragraph 
are as follows: 
‘‘(A) A program to promote awareness of 
the incidence of domestic violence, family vio-
lence, sexual assault, and stalking involving 
members of the armed forces. 
‘‘(B) A program to provide victim advocacy 
and intervention for members of the armed
forces with victims of domestic violence, family 
violence, sexual assault, and stalking, which 
program shall make available, at home stations 
and in deployed locations, trained 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 do-
mestic violence, family violence, sexual assault, 
or stalking involving a member of the armed 
forces, including— 
‘‘(i) procedures for confidential re-
porting and for seeking services with vic-
tim 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, sex-
ual assault, and stalking by members of the 
armed forces.
‘‘(E) Other sanctions authorized to be im-
posed in cases of sexual assault by members of 
the armed forces. 
‘‘(F) Training for all members of the 
armed forces, including specific training for 
members of the armed forces who process alle-
gations of domestic violence, family violence, 
sexual assault, and stalking committed by or 
upon members of the armed forces. 
‘‘(G) Any other matters that the Secretary 
of Defense, in consultation with the Director of 
the Office of the Victims’ Advocate, considers 
appropriate. 
‘‘(d) REPORT ON IMPROVEMENT OF CAPABILITY TO 
INTERVENE IN DOMESTIC VIOLENCE, FAMILY VIOLENCE, 
SEXUAL ASSAULT AND STALKING.—Not later than March 
1, 2005, the Secretary of Defense, following consultation 
with the Director of the Office of the Victims’ Advocate, 
shall submit to Congress a proposal for such legislation 
as the Secretary considers necessary to enhance the capa-
bility of the Department of Defense to address matters 
relating to domestic violence, family violence, sexual as-
sault, and stalking involving members of the armed forces.
‘‘§ 1821. Authorization of appropriations 
‘‘(a) There is authorized to be appropriated for each 
of fiscal years 2005 through 2009 for Operation and 
Maintenance, Defense-Wide, the amount of $10,000,000 
to carry out the functions of the Office of the Victims’ 
Advocate in the Department of Defense. Funds available 
under this section shall remain available until expended. 
‘‘(b) Of the amounts appropriated to carry out this 
section for any fiscal year, the Secretary— 
‘‘(1) may not use more than 3 percent for eval-
uation, monitoring, site visits, conferences and other 
administrative costs associated with conducting ac-
tivities under this section; 
‘‘(2) 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 
‘‘(3) 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. 
Technical assistance and training under paragraph (3) 
may be offered to the elements of the armed forces, instal-
lations, or commands in the process of developing commu-
nity responses, whether they are receiving funds under 
this section or not.’’. 
SEC. 102. VICTIMS ADVOCATES. 
(a) PROGRAM CHANGES.—Section 534 of National 
Defense Authorization Act for Fiscal Year 1995 (10 
U.S.C. 113 note), is amended as follows: 
(1) Subsection (a)(1) is amended by striking 
‘‘Under Secretary of Defense for Personnel and 
Readiness’’ and inserting ‘‘Director of the Office of 
the Victims’ Advocate’’. 
(2) Subsection (b) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘dependents’’ and inserting ‘‘family 
members and partners’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘Intrafamilial sexual’’ and inserting ‘‘Sexual’’. 
(3) Paragraph (1) of subsection (d) is amended 
by striking ‘‘provide’’ and all that follows and insert-
ing ‘‘provide the following:’’ 
‘‘(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 vio-
lence, family violence, sexual assault, and stalk-
ing. 
‘‘(D) Information on available services 
within the military departments and civilian 
communities. 
‘‘(E) Assistance in obtaining those serv-
ices, including medical treatment for injuries. 
‘‘(F) Appropriate referrals to military and 
civilian community-based domestic violence pro-
grams and sexual assault victim service pro-
viders 
with 
the 
capacity 
to 
support 
servicemembers, family members, or partners. 
‘‘(G) Information on legal rights and re-
sources for personnel, family members, or part-
ners in both the military and civilian programs. 
‘‘(H) Development and coordination of a 
safety plan with appropriate assistance and 
intervention components including, law enforce-
ment, command, and Family Advocacy Pro-
gram. 
‘‘(I) Advocacy for victims outlined in sub-
section (b), including assistance in obtaining 
and entering no contact orders from military 
commands or orders of protection from a court 
of appropriate jurisdiction, respectively.
‘‘(J) Information on benefits, including 
Department of Defense transitional compensa-
tion, victims of crime compensation, and vet-
erans’ benefits. 
‘‘(K) Coordination among services, includ-
ing medical, legal, and psychological counseling. 
‘‘(L) Education. 
‘‘(M) Transportation. 
‘‘(N) Pre-trial, trial, and post-trial sup-
port. 
‘‘(O) Voting member of the Case Review 
Committee. 
‘‘(P) Serve as the liaison with civilian com-
munity-based service providers. 
‘‘(Q) Confidential handling of all docu-
ments or conversations relative to victim care, 
services, benefits, and treatment. 
‘‘(R) Advocacy for the expressed interest 
and safety of a victim during testimony in a 
court-martial or civilian judicial system. 
‘‘(S) Follow-up to all identified victims (in-
cluding those who have declined services) three 
months following initial contact to ascertain 
whether further intervention is, or is not, war-
ranted.
‘‘(T) Other appropriate assistance.’’. 
(4) Paragraph (2) of subsection (d) is amended 
by striking ‘‘through the family advocacy programs 
of the military departments’’ and inserting ‘‘through 
the Office of the Victims’ Advocate in the Office of 
the Secretary of Defense’’. 
(5) Such section is further amended— 
(A) by redesignating subsections (f) and 
(g) as subsections (g) and (h), respectively; and 
(B) by striking subsection (e) and insert-
ing the following new subsections: 
‘‘(e) EDUCATION AND TRAINING.—The Secretary of 
Defense, acting through the Director of the Office of the 
Victims’ Advocate, shall do the following: 
‘‘(1) Develop curricula for mandatory training 
of personnel, including, first responders, security 
forces, law enforcement, medical personnel, com-
mand staff, military justice personnel, and military 
criminal investigators in consultation with the Office 
of the Victims’ Advocate. 
‘‘(2) Conduct mandatory annual training of 
first responders, medical personnel, command staff, 
military justice, and military criminal investigators.
‘‘(3) Conduct and support train the trainer ses-
sions as specified in subsection (d) of section 1812 
of title 10, United States Code. 
‘‘(4) Educate the community of criminal inves-
tigators, security forces, law enforcement, organiza-
tions, schools, and health care providers, to respon-
sibly respond to victims and perpetrators of domestic 
violence, family violence, sexual assault, or stalking 
associated with the Armed Forces and to under-
stand— 
‘‘(A) domestic violence, family violence, 
sexual assault, and stalking and their effects on 
members of the Armed Forces and their family 
members and partners; 
‘‘(B) relevant laws, court procedures, and 
policies that affect members of the Armed 
Forces and their family members and partners 
who are victims or perpetrators of domestic vio-
lence, sexual assault, family violence, or stalk-
ing; 
‘‘(C) educate the community to identify, 
assess, and respond appropriately to domestic 
violence, sexual assault, family violence, and 
stalking and meet the needs of members of the
Armed Forces and their family members and 
partners; and 
‘‘(D) provide appropriate resources in re-
sponse to domestic violence, family violence, 
sexual assault, and stalking and assure that 
necessary services dealing with physical and 
mental health of victims are available. 
‘‘(f) STAFFING.—The Secretary of Defense, acting 
through the Director of the Office of the Victims’ Advo-
cate, shall provide for the assignment of civilian personnel 
on a full-time basis to victims’ advocates programs estab-
lished 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 en-
able the programs to be carried out effectively, including 
the assignment of victim advocates to deployed units.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the func-
tions of victims’ advocates in the Department of Defense 
$5,000,000 in each fiscal years 2005 through 2009. 
(c) AVAILABILITY.—Funds appropriated under sub-
section (b) shall remain available until expended. Of the 
amounts appropriated to carry out this section for any fis-
cal year, the Secretary—
(1) may not use more than 3 percent for eval-
uation, monitoring, site visits, conferences, and other 
administrative costs associated with conducting ac-
tivities under this section; 
(2) shall use not less than 10 percent for pro-
grams addressing domestic violence and sexual as-
sault that are operated by, or in partnership with, 
civilian victim services; and 
(3) 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. 
Technical assistance and training under paragraph (3) 
may be offered to the elements of the Armed Forces, in-
stallations, or commands in the process of developing com-
munity responses, whether they are receiving funds under 
this section or not.
TITLE 
II—INTERDISCIPLINARY 
COUNCILS WITHIN THE DE-
PARTMENT OF DEFENSE 
SEC. 201. DEPARTMENT OF DEFENSE INTERDISCIPLINARY 
COUNCIL. 
(a) DEPARTMENT OF DEFENSE COUNCIL.—The Sec-
retary of Defense, in consultation with the Director of the 
Office of the Victims’ Advocate of the Department of De-
fense, shall establish a Department of Defense inter-
disciplinary council to coordinate and oversee victims’ ad-
vocates programs of the Department of Defense. 
(b) COMPOSITION.—(1) The Council shall consist of 
12 members to be 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 
include an equal number of personnel of the Department 
of Defense (military and civilian) and persons from out-
side the Department of Defense. 
(2) Members appointed from outside the Department 
of Defense may be appointed from other Federal depart-
ments and agencies, from State and local agencies, and 
from the private sector. 
(3) The Secretary shall ensure that membership in-
cludes at least one judge advocate.
(4) In appointing members to the Interdisciplinary 
Council, the Secretary may consult with— 
(A) the Attorney General regarding representa-
tion from the Office of Violence Against Women of 
the Department of Justice; and 
(B) the Secretary of Health and Human Serv-
ices regarding representation from the Women’s 
Health Office and the Administration for Children 
and Families of the Department of Health and 
Human Services. 
(5) Each member of the Interdisciplinary Council ap-
pointed from outside the Department of Defense shall be 
an individual who has demonstrated expertise and experi-
ence in the fields of sexual assault, domestic violence, fam-
ily violence, or stalking or shall be appointed from one of 
the following: 
(A) The Centers for Disease Control and Pre-
vention of the Department of Health and Human 
Services. 
(B) Civilian law enforcement. 
(C) A judicial policy organization. 
(D) A national crime victim organization. 
(E) A victim service organization.
disciplinary Council shall be appointed in accordance with, 
and subject to, section 3161 of title 5, United States Code. 
(2) The Director of the Office of the Victims’ Advo-
cate, under the direction of the Secretary of Defense, shall 
provide oversight of the Interdisciplinary Council. The Of-
fice of the Victims’ Advocate shall provide the Inter-
disciplinary Council with personnel facilities and other ad-
ministrative support as necessary for the performance of 
the Interdisciplinary Council’s duties. 
(e) 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 
to the installations. 
(f) REPORT.—Not later than 18 months after the 
date on which all members of the Interdisciplinary Council 
have been appointed, the Interdisciplinary Council shall 
submit to the Secretary a report recommending specific 
ways in which the Office of the Victims’ Advocate and vic-
tim advocates may more effectively address matters rel-
ative to sexual assault, domestic violence, family violence, 
and stalking committed by or upon servicemembers. The 
report shall include an assessment of, and recommenda-
tions concerning 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. 
(8) Data collection, case management, and 
tracking. 
(9) Curricula and training including standard-
ized training for Armed Forces personnel and com-
munity-based advocates, organizations, and service 
providers. 
(10) Standardization of guidelines, directives, 
and statutes.
(11) Other issues identified by the Interdiscipli-
nary Council. 
(g) AUTHORIZATION OF APPROPRIATION.—There are 
authorized to be appropriated to carry out the functions 
of the Interdisciplinary Council in the Department of De-
fense $2,000,000 for each of fiscal years 2005 through 
2009. 
SEC. 202. MILITARY DEPARTMENT COUNCILS. 
(a) ESTABLISHMENT.—The Secretary of each mili-
tary department, in consultation with the Director of the 
Office of the Victims’ Advocate, shall establish inter-
disciplinary councils within that military department as 
appropriate to ensure the fullest coordination and effec-
tiveness of the victims’ advocates program of the military 
department. 
(b) COMPOSITION, ETC.—The composition, adminis-
trative support, organization, coordination, and oversight 
within the interdisciplinary councils appointed by the Sec-
retaries of the military departments shall be similar to the 
Interdisciplinary Council established within the Depart-
ment of Defense pursuant to section 201. 
(c) INTERDISCIPLINARY COUNCILS
AT INSTALLA-
TIONS.—The victim advocate, in consultation with the 
command at each military installation, shall establish a 
council. The composition, administrative support, coordi-
nation and oversight within the interdisciplinary councils 
at installations shall be similar to the Interdisciplinary 
Council established within the Department of Defense. 
SEC. 203. CONFORMING REPEAL. 
Section 534 of the National Defense Authorization 
Act for Fiscal Year 1995 (10 U.S.C. 113 note) is amended 
by striking subsection (c). 
TITLE III—REPORTING OF SEX-
UAL ASSAULT, DOMESTIC VIO-
LENCE, AND STALKING WITH-
IN THE DEPARTMENT OF DE-
FENSE 
SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMES-
TIC VIOLENCE. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1566. Complaints of sexual assault, domestic vio-
lence, family violence, or stalking: inves-
tigation by commanding officers 
‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL 
ASSAULT, DOMESTIC VIOLENCE, FAMILY VIOLENCE OR 
STALKING.—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 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 a complaint alleging sexual 
assault, domestic violence, family violence, or stalking by 
a member of the armed forces or a civilian employee of 
the Department of Defense shall carry out an investiga-
tion of the matter in accordance with this section. 
‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 
extent practicable, a commanding officer or officer in 
charge receiving such a complaint shall, within 72 hours 
after receipt of the complaint— 
‘‘(1) forward the complaint or a detailed de-
scription of the allegation to the next superior officer 
in the chain of command who is authorized to con-
vene 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 complaint of the commencement 
of the investigation. 
‘‘(c) DURATION OF INVESTIGATION.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving such a complaint shall ensure that the investiga-
tion of the complaint is completed not later than 14 days 
after the date on which the investigation is commenced. 
‘‘(d) JUDGE ADVOCATE REPORT.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving such a complaint shall require a report of the judge 
advocate, including the results of the investigation, appli-
cation of the disciplinary or punitive articles under the 
Uniform Code of Military Justice, and any recommenda-
tions for actions to be taken as a result of the investiga-
tion, within 20 days after the date on which the investiga-
tion is commenced. 
‘‘(e) REPORT
ON INVESTIGATION.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving such a 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-
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) DEFINITIONS.—In this section: 
‘‘(1) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ has the meaning given that term in sec-
tion 2003 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 
2). 
‘‘(2) FAMILY VIOLENCE.—The term ‘family vio-
lence’ has the meaning given that term in section 
308 of the Family Violence Prevention and Services 
Act (42 U.S.C. 10408). 
‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ has the meaning given that term in section 
2003(6) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(6)). 
‘‘(4) SEXUAL MISCONDUCT.—The term ‘sexual 
misconduct’ includes the following: 
‘‘(A) Sexual harassment, entailing any con-
duct involving sexual harassment that— 
‘‘(i) in the case of conduct of a person 
who is subject to the provisions of chapter 
47 of this (the Uniform Code of Military
Justice), comprises a violation of a provi-
sion of subchapter X of such chapter (re-
lating to punitive articles of such Code) or 
an applicable regulation, directive, or 
guideline regarding sexual harassment that 
is prescribed by the Secretary of Defense 
or the Secretary of a military department; 
and 
‘‘(ii) in the case of an employee of the 
Department of Defense or a family mem-
ber subject to the jurisdiction of the Sec-
retary of Defense or of the Secretary of a 
military department, comprises a violation 
of a regulation, directive, or guideline that 
is applicable to such employee or family 
member. 
‘‘(B) Sexual abuse. 
‘‘(C) Sexual assault. 
‘‘(D) Sexual battery. 
‘‘(E) Rape. 
‘‘(5) STALKING.—The term ‘stalking’ means 
engaging in a course of conduct as proscribed in 
chapter 109A of title 18, as directed at a specific 
person that would cause a reasonable person to fear 
death, sexual assault, or bodily injury to himself or
herself or a member of his or her immediate family 
when— 
‘‘(A) the person engaging in such conduct 
has knowledge or should have knowledge that 
the specific person will be placed in reasonable 
fear of death, sexual assault, or bodily injury to 
himself or herself or a member of his or her im-
mediate family; and 
‘‘(B) the conduct induces fear in the spe-
cific person of death, sexual assault, or bodily 
injury to himself or herself or a member of his 
or her immediate family. 
‘‘(6) VICTIM.—The term ‘victim’ means a per-
son who is a victim of domestic violence, family vio-
lence, sexual assault, 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. 
‘‘(7) COMPLAINT.—The term ‘complaint,’ with 
respect to an allegation of sexual misconduct, family 
violence, sexual assault, stalking, or domestic vio-
lence, includes a report of such allegation. 
‘‘(g) ANNUAL
REPORTS
TO
SERVICE
SECRE-
TARIES.—Not later than March 15, 2005, and January 
1 of each year thereafter each officer receiving a complaint 
forwarded in accordance with this section shall submit to 
the Secretary of the military department concerned a re-
port on all such complaints and the investigations of such 
complaints (including the results of the investigations, in 
cases of investigations completed during the preceding 
year).
‘‘(h) ANNUAL REPORT TO SECRETARY OF DEFENSE 
AND CONGRESS.—(1) Not later than April 1, 2005, and 
January 15 of each year thereafter, each Secretary of a 
military department receiving a report under subsection 
(f) shall submit to the Secretary of Defense a report on 
the complaints and investigations of sexual assault, do-
mestic violence, family violence, and stalking. 
‘‘(2) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives each report submitted to the Secretary 
under this paragraph (1), together with the comments of 
the Secretary on each such report. The Secretary shall 
transmit the report for 2004 not later than May 1, 2005, 
and shall transmit the report for any year thereafter not 
later than March 15 of the year following such year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1566. Complaints of sexual assault, domestic violence, family violence, or stalk-
ing: 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 after section 1566, as 
added by section 301, the following new sections:
‘‘§ 1567. Domestic violence: responsibilities of mili-
tary law enforcement officials 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 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 the Uniform Code of Military Justice (chap-
ter 47 of this title) or to trial thereunder. 
‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes-
tic 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 re-
sides or formerly resided or against an individual 
with whom the person has a child in common: 
‘‘(A) Infliction of physical pain, bodily in-
jury, or illness or damage to property. 
‘‘(B) Intentional impairment of physical 
condition. 
‘‘(C) A threat of conduct that would cause 
bodily injury or damage to property. 
‘‘(b) CIRCUMSTANCES REQUIRING ARREST.—A mili-
tary law enforcement officer shall arrest and take into cus-
tody a person if— 
‘‘(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. 
‘‘(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 
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, or any 
history of domestic violence between these persons, 
if that history can be ascertained by the officer, or 
response of a person who acts in a reasonable man-
ner to protect oneself or another family or household
member from domestic violence. No victim shall be 
denied relief or arrested or charged for a domestic 
violence offense because the victim used reasonable 
force in self defense against domestic violence by an 
attacker. 
‘‘(C) A military law enforcement officer’s deci-
sion as to whether or not to arrest under this section 
may not be based on the consent of the victim or 
any subsequent prosecution or on the relationship or 
the rank of the persons involved in the incident. 
‘‘(D) A military law enforcement officer’s deci-
sion not to arrest under this section may not be 
based solely upon the absence of visible injury or im-
pairment. 
‘‘(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 
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 
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 military law enforcement shall
consult with law enforcement agencies and organizations 
with expertise in the recognition of domestic violence inci-
dents. 
‘‘(6) This section does not limit the authority of mili-
tary law enforcement to establish policies that require ar-
rests under circumstances other than those set forth in 
this section. 
‘‘(e) REPORT REQUIREMENTS
OF MILITARY LAW 
ENFORCEMENT.—(1) A military law enforcement officer 
who responds to a domestic 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 
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-
mand of the suspect and installation. 
‘‘(4) The domestic violence incident report shall be 
on a form set forth in regulations prescribed by the Sec-
retary of Defense in consultation with the Director of Spe-
cial Investigations. The form shall include provisions 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. 
‘‘(H) The action taken by the law enforcement 
officer. 
‘‘(I) The existence of any prior court or military 
orders issued to the parties. 
‘‘(J) The number of domestic violence calls al-
leging a violation of a military no contact order or 
civilian protective order.
‘‘(K) The number of arrests for a violation of 
a civilian protective order or details of disciplinary 
action taken for the violation of a military no con-
tact order. 
‘‘(L) Any other data that may be necessary for 
a complete analysis of all circumstances leading to 
the alleged incident of domestic violence. 
‘‘(f) CONTACT PROHIBITIONS.—(1) Unless there is a 
waiver, during the 72 hours immediately following an ar-
rest for a domestic violence incident, the person arrested— 
‘‘(A) shall avoid the residence of the alleged vic-
tim of the domestic violence incident and, if applica-
ble, any premises temporarily occupied by the al-
leged victim; and 
‘‘(B) shall avoid contacting or causing any per-
son, other than law enforcement officers or military 
criminal investigators, judge advocates, or command, 
to contact the alleged victim. 
‘‘(2) Unless there is a waiver, a law enforcement offi-
cer who releases a person arrested for domestic violence 
from custody less than 72 hours after the arrest shall in-
form the arrested person orally and in writing of the re-
quirements of this section and the consequences of vio-
lating this section. The arrested person shall sign an ac-
knowledgement on the written notice that the person has
had notice of, and understands the requirements, the con-
sequences and the provisions of this section. If the ar-
rested person refuses to sign the notice, the person may 
not be released from custody. 
‘‘(3) If there is a waiver under paragraph (1) and 
the person is arrested under this section, the law enforce-
ment officer who releases the arrested person shall inform 
the arrested person orally and in writing of the waiver. 
‘‘(4) Failure to comply with the notice requirement 
under paragraph (2) regarding a person who is lawfully 
released from custody does not affect the prosecution for 
a crime of domestic violence. 
‘‘(g) CONDITIONAL RELEASE.—A person arrested 
and taken into custody for a domestic violence incident 
is eligible for conditional release. Unless there is a waiver 
under section (f), as part of the conditions of any such 
release that occurs within 72 hours immediately following 
such an arrest, the person shall be made to comply with 
the requirements under subsection (f)(1) and to sign the 
acknowledgement under subsection (f)(2). 
‘‘§ 1568. Domestic violence: prosecution policies 
‘‘The staff judge advocate within the Office of the 
Secretary of Defense shall develop and implement written 
policies encouraging the prosecution of domestic violence 
offenses. Those policies shall include the following:
forces and officers and employees of the Department of 
Defense during the preceding year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
after the item relating to section 1566, as added by section 
301, the following new items: 
‘‘1567. Domestic violence: responsibilities of military law enforcement officials. 
‘‘1568. Domestic violence: prosecution policies. 
‘‘1569. Domestic violence: education and training. 
‘‘1570. Domestic violence: annual reports.’’. 
(c) DEADLINE.—The Secretary of Defense shall pre-
scribe in regulations the procedures to carry out sections 
1567 through 1570 of title 10, United States Code, as 
added by subsection (a) of this section, not later than 90 
days after the date of the enactment of this Act. 
(d) CONFORMING REPEAL.—(1) Section 1058 of title 
10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 
53 is amended by striking the item relating to section 
1058. 
SEC. 303. INVESTIGATIONS OF SEXUAL AND DOMESTIC VIO-
LENCE CASES INVOLVING DEPARTMENT OF 
DEFENSE PERSONNEL. 
(a) ESTABLISHMENT.—Chapter 4 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 144. Director of Special Investigations 
‘‘(a) APPOINTMENT.—There is a Director of Special 
Investigations in the Department of Defense. The Director 
is appointed by the Secretary of Defense from among civil-
ians who have a significant level of experience in criminal 
investigations and possess a significant level of training 
and expertise in domestic violence, family violence, sexual 
assault, or stalking. The Director reports directly to the 
Secretary of Defense. 
‘‘(b) SENIOR EXECUTIVE SERVICE POSITION.—The 
position of Director of Special Investigations is a Senior 
Executive Service position. The Secretary shall designate 
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) DATA COMPLIANCE AND REPORTING.—(1) The 
Director shall obtain, compile, store, monitor, and (in ac-
cordance with this section) report information on each al-
legation of domestic violence, family violence, sexual as-
sault, sexual misconduct, or stalking of a member of the 
armed forces or of a family member of a member of the 
armed forces against a member of the armed forces,
against a family member of a member of the armed forces, 
or against a civilian not a family member of a member 
of the armed forces that is received by 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. 
‘‘(2) The information compiled pursuant to para-
graph (1) shall include the following: 
‘‘(A) The number of complaints containing an 
allegation referred to in paragraph (1) that are re-
ceived as described in that paragraph. 
‘‘(B) The number of such complaints that are 
investigated. 
‘‘(C) In the case of each complaint— 
‘‘(i) the organization that investigated the 
complaint (if investigated); 
‘‘(ii) the disposition of the complaint upon 
completion or other termination of the inves-
tigation; and 
‘‘(iii) the status of results of any judicial 
action, nonjudicial disciplinary action, or other 
action taken. 
‘‘(D) The number of complaints that were dis-
posed of by formal adjudication in a judicial pro-
ceeding, including—
‘‘(i) the number disposed of in a court- 
martial; 
‘‘(ii) the number disposed of in a court of 
the United States; 
‘‘(iii) the number disposed of in a court of 
a State or territory of the United States or in 
a court of a political subdivision of a State or 
territory of the United States; 
‘‘(iv) the number disposed of by a plea of 
guilty; 
‘‘(v) the number disposed of by a trial on 
a contested basis; and 
‘‘(vi) the number disposed of on any other 
basis. 
‘‘(E) The number of complaints that were dis-
posed of by formal adjudication in an administrative 
proceeding. 
‘‘(3) The Director shall make the information ob-
tained and compiled under this subsection available to the 
Secretary of Defense, the Secretaries of the military de-
partments, the Committees on Armed Services and the 
Committees on the Judiciary of the Senate and House of 
Representatives, any law enforcement agency concerned, 
and any court concerned. The information obtained, com-
piled, and transmitted to Congress shall be made available
via an Internet website maintained by the Department of 
Defense. 
‘‘(e) DIRECT INVESTIGATIONS.—The Director shall 
investigate each allegation of sexual misconduct, sexual as-
sault, family violence, stalking, or domestic violence re-
ferred to in subsection (d)(1)— 
‘‘(1) that is made directly to, or that is referred 
to, the Director, including such an allegation that is 
made or referred to the Director— 
‘‘(A) by a victim of the alleged sexual mis-
conduct, domestic violence, family violence, sex-
ual assault, or stalking who is a member of the 
armed forces or a family member of a member 
of the armed forces; or 
‘‘(B) by an investigative organization of 
the Department of Defense or one of the mili-
tary departments; or 
‘‘(C) by a commander of a member of the 
armed forces alleged to have engaged in sexual 
misconduct, sexual assault, domestic violence, 
family violence, or stalking or to have been the 
victim of sexual misconduct, sexual assault, do-
mestic violence, family violence, or stalking; or 
‘‘(2) that the Secretary directs the Director to 
investigate.
tion and management of investigative agencies, in-
cluding the Federal Law Enforcement Training Cen-
ter; and 
‘‘(B) individuals and organizations with dem-
onstrated experience and expertise in the dynamics 
of trauma for victims of domestic violence, sexual as-
sault, family violence, and stalking, including the 
National Crime Victims Center, the National Crime 
Victims Law Institute, the Sidran Foundation, and 
the National Center on Post-Traumatic Stress Dis-
order. 
‘‘(g) POWERS.—In the performance of the duties set 
forth or authorized in this section, the Director shall have 
the following powers: 
‘‘(1) To have access to all records, reports, au-
dits, reviews, documents, papers, recommendations, 
or other material available in the Department of De-
fense which relate to the duties of the Director. 
‘‘(2) To request such information or assistance 
as may be necessary for carrying out the Director’s 
duties from any Federal, State, or local govern-
mental agency or unit thereof. 
‘‘(3) To require by subpoena the production of 
all 
information, 
documents, 
reports, 
answers, 
records, accounts, papers, and other data and docu-
mentary evidence necessary in the performance of 
the Director’s duties, which subpoena, in the case of 
contumacy or refusal to obey, shall be enforceable by 
order of any appropriate United States district 
court. 
‘‘(4) To serve subpoenas, summons, and any ju-
dicial process related to the performance of any of 
the Director’s duties. 
‘‘(5) To administer to or take from any person 
an oath, affirmation, or affidavit whenever necessary 
in the performance of the Director’s duties, which 
oath, affirmation, or affidavit, when administered or 
taken by or before an employee designated by the 
Director, shall have the same force and effect as if 
administered or taken by or before an officer having 
a seal. 
‘‘(6) To have direct and prompt access to the 
Secretary of Defense, the Secretary of a military de-
partment, and any commander when necessary for 
any purpose pertaining to the performance of the 
Director’s duties. 
‘‘(7) To obtain for any victim of sexual mis-
conduct, sexual assault, family violence, domestic vi-
olence, or stalking from any military command a no 
contact order or from a court of appropriate juris-
diction an order of protection, respectively, to safe-
guard the victim. 
‘‘(8) To obtain for any victim of sexual mis-
conduct, sexual assault, family violence, domestic vi-
olence or stalking from any facility of the uniformed 
services or any other health care facility of the Fed-
eral Government or, by contract, from any other 
source, medical services and counseling and other 
mental health services for treating or investigating 
including— 
‘‘(A) injuries resulting from the sexual 
misconduct, sexual assault, domestic violence, 
family violence, or stalking; 
‘‘(B) rape evidence kits; 
‘‘(C) DNA collection and processing; 
‘‘(D) photographs of injuries; and 
‘‘(E) other mental and physiological results 
of the sexual misconduct or domestic violence. 
‘‘(9) To relocate any alleged offender during an 
investigation in order to ensure the safety of a vic-
tim. 
‘‘(h) REFERRALS FOR PROSECUTION.—(1) The Di-
rector may refer any case of sexual misconduct, domestic 
violence, family violence, sexual assault, or stalking de-
scribed in subsection (d)(1) to—
‘‘(A) a United States Attorney, or another ap-
propriate official in the Department of Justice, for 
prosecution; or 
‘‘(B) to an appropriate commander within the 
armed forces for action under chapter 47 of this title 
(the Uniform Code of Military Justice) or other ap-
propriate action. 
‘‘(2) The Director shall report each such referral to 
the Secretary of Defense. 
‘‘(i) STAFF.—(1) The Director shall have— 
‘‘(A) a staff of investigators who have extensive 
experience in criminal investigations and dem-
onstrated expertise in domestic violence, family vio-
lence, sexual assault, or stalking; 
‘‘(B) a staff of attorneys sufficient to provide 
the Director, the criminal investigators, and the Di-
rector’s other staff personnel with legal counsel nec-
essary for the performance of the duties of the Di-
rector; 
‘‘(C) a staff of counseling referral specialists; 
and 
‘‘(D) such other staff as is necessary for the 
performance of the Director’s duties. 
‘‘(2) To the maximum extent practicable, the staff 
of the Director shall be generally representative of the
population of the United States with regard to race, gen-
der, and cultural diversity. The staff shall also reflect the 
race, gender, and cultural diversity of the victims filing 
complaints within the military departments. 
‘‘(j) REPORTS TO DIRECTOR.—Each member of the 
armed forces and each officer or employee of the Depart-
ment of Defense who, in the official capacity of that mem-
ber, officer, or employee, receives an allegation of sexual 
misconduct, sexual assault, domestic violence, family vio-
lence, or stalking shall submit to the Director notification 
of that allegation, together with such information as the 
Director may require for the purpose of carrying out the 
Director’s duties. 
‘‘(k) ANNUAL REPORT
ON SEXUAL MISCONDUCT 
AND DOMESTIC VIOLENCE.—Not later than April 1, 2005, 
and January 15 of each year thereafter, the Secretary of 
Defense shall submit to Congress a report on the number 
and disposition of cases of sexual misconduct, sexual as-
sault, family violence, stalking, and domestic violence by 
or involving members of the armed forces and officers and 
employees of the Department of Defense during the pre-
ceding year. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sexual misconduct’ includes the 
following:
‘‘(A) Sexual harassment, including any 
conduct involving sexual harassment that— 
‘‘(i) in the case of conduct of a person 
who is subject to the provisions of chapter 
47 of this title (the Uniform Code of Mili-
tary Justice), comprises a violation of a 
provision of subchapter X of such chapter 
(relating to the punitive articles of such 
Code) or an applicable regulation, direc-
tive, or guideline regarding sexual harass-
ment that is prescribed by the Secretary of 
Defense or the Secretary of a military de-
partment; and 
‘‘(ii) in the case of an employee of the 
Department of Defense or a family mem-
ber subject to the jurisdiction of the Sec-
retary of Defense or of the Secretary of a 
military department, comprises a violation 
of a regulation, directive, or guideline re-
ferred to in clause (i) that is applicable to 
such employee or family member. 
‘‘(B) Sexual abuse. 
‘‘(C) Sexual assault. 
‘‘(D) Sexual battery. 
‘‘(E) Rape.
‘‘(2) The term ‘domestic violence’ includes the 
following: 
‘‘(A) Domestic violence. 
‘‘(B) Spouse abuse. 
‘‘(C) Intimate partner violence. 
‘‘(D) Stalking. 
‘‘(E) Child abuse, neglect, and maltreat-
ment. 
‘‘(3) The term ‘complaint,’ with respect to an 
allegation of sexual misconduct, family violence, sex-
ual assault, stalking, or domestic violence, includes 
a report of such allegation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 4 of such title is amended by 
adding at the end the following new item: 
‘‘144. Director of Special Investigations.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for each of fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, the amount of $10,000,000 to carry out the func-
tions of the Director of Special Investigations in the De-
partment of Defense. Funds available under this section 
shall remain available until expended. Of the amounts ap-
propriated to carry out this section for any fiscal year, 
the Secretary—
100 
(1) may not use more than 3 percent for eval-
uation, monitoring, site visits, conferences, and other 
administrative costs associated with conducting ac-
tivities under this section; 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 law enforcement, criminal justice, and inves-
tigative protocols and procedures in response to do-
mestic violence, family violence, sexual assault, and 
stalking, including the Federal Law Enforcement 
Training Center, the American Prosecutors Research 
Institute, and the National District Attorneys Asso-
ciation. 
Technical assistance and training under paragraph (2) 
may be offered to elements of the Armed Forces, installa-
tions, or commands in the process of developing investiga-
tive procedures, whether they are receiving funds under 
this section or not.
101 
TITLE IV—PROTECTION OF PER-
SONS REPORTING SEXUAL AS-
SAULT 
OR 
DOMESTIC 
VIO-
LENCE 
SEC. 401. PROTECTION OF COMMUNICATIONS BETWEEN 
VICTIMS AND ADVOCATES. 
(a) RESTRICTING COMMUNICATION PROHIBITED.— 
Subsection (a) of section 1034 of title 10, United States 
Code, is amended 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-
eral, or the Office of the Victims’ Advocate or a Vic-
tims’ Advocate’’; and 
(2) in subparagraph (A)— 
(A) by redesignating clauses (iii) and (iv) 
as clauses (iv) and (v), respectively; and 
(B) by inserting after clause (ii) the fol-
lowing new clause: 
‘‘(iii) The Office of the Victims’ Advo-
cate or a Victims’ Advocate.’’.
102 
(c) INSPECTOR GENERAL INVESTIGATIONS.—Sub-
section (c)(2) of such subsection is amended by inserting 
‘‘, sexual assault, domestic violence, family violence, stalk-
ing,’’ in subparagraph (A) after ‘‘sexual harassment’’. 
SEC. 402. WHISTLEBLOWER PROTECTIONS FOR VICTIM AD-
VOCATES. 
(a) RESTRICTING COMMUNICATIONS WITH VICTIMS 
AND SURVIVORS PROHIBITED.—(1) No person may re-
strict a victim advocate within the Department of Defense 
in communicating with a victim or survivor of domestic 
violence, sexual assault, family violence, intimate partner 
violence, or stalking. 
(2) Paragraph (1) does not apply to a communication 
that is unlawful. 
(b) PROHIBITION OF RETALIATORY PERSONNEL AC-
TIONS.—(1) 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— 
(A) providing services to victims and survivors 
of domestic violence, sexual assault, family violence, 
intimate partner violence, or stalking; 
(B) a communication to a Member of Congress 
or an Inspector General;
103 
(C) a communication with military law enforce-
ment, military criminal investigators, judge advo-
cates, or command; 
(D) a communication with civilian law enforce-
ment, county, State, or United States attorneys, 
court officials, probation officers, or victim service 
providers; or 
(E) a communication with 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 survivor. 
(2) Any action prohibited by paragraph (1), including 
the threat to take any 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 subsection. 
(c) 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 
communication described in paragraph (2), the Inspector 
General shall take the action required under paragraph 
(3).
104 
(2) A communication described in this paragraph is 
a communication which a victim advocate reasonably be-
lieves constitutes evidence of any of the following: 
(A) A violation of law or regulation, including 
a law or regulation prohibiting domestic violence, 
sexual assault, or stalking. 
(B) Gross mismanagement, an abuse of author-
ity, or a substantial danger to community safety or 
public health. 
(3)(A) If the Inspector General receiving an allega-
tion as described in paragraph (1) is an Inspector General 
within a military department, 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 sub-
section (f). 
(B) An Inspector General receiving such an allegation 
shall expeditiously determine, in accordance with regula-
tions prescribed under subsection (f), whether there is suf-
ficient evidence to warrant an investigation of the allega-
tion. 
(C) Upon determining that an investigation of an al-
legation under paragraph (1) is warranted, the Inspector 
General making the determination shall expeditiously in-
vestigate the allegation.
105 
(D) 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 
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. 
(d) INVESTIGATION
OF
UNDERLYING
ALLEGA-
TIONS.—Upon receiving an allegation under subsection 
(c), the Inspector General receiving the allegation shall 
conduct a separate investigation of the information that 
the victim advocate making the allegation believes con-
stitutes evidence of wrongdoing as described in subpara-
graph (A) or (B) of subsection (c)(2) if there previously 
has not been such an investigation or if the Inspector Gen-
eral determines that the original investigation was biased 
or otherwise inadequate. 
(e) REPORTS ON INVESTIGATIONS.—(1) After com-
pletion of an investigation under subsection (c) or (d), the 
Inspector General conducting the investigation shall sub-
mit a report on the results of the investigation to the Sec-
retary of Defense and Director of the Office of the Vic-
tims’ Advocate and shall transmit a copy of the report on 
the results of the investigation to the victim advocate who 
made the allegation investigated. The report shall be 
transmitted to the Secretary of Defense and the Director
108 
(3) Such regulations shall be prescribed not later 
than 120 days after the date of the enactment of this Act. 
SEC. 403. PROHIBITION OF COMPULSORY DISCLOSURE OF 
CERTAIN COMMUNICATIONS AND INFORMA-
TION. 
(a) PROHIBITION.—A victim representative may not 
be compelled, without appropriate consent, to give testi-
mony or to produce records concerning confidential com-
munications for any purpose in a criminal, disciplinary, 
civil, legislative, or administrative proceeding. 
(b) DEFINITIONS.—For purposes of this section: 
(1) APPROPRIATE
CONSENT.—The term ‘‘ap-
propriate consent’’ means— 
(A) the consent of the victim, with respect 
to testimony of— 
(i) an adult victim; or 
(ii) a victim representative, if the vic-
tim is an adult; and 
(B) the consent of the victim’s parent, 
legal guardian, or guardian ad litem, with re-
spect to the testimony of— 
(i) a victim who is a minor or incom-
petent to testify; or 
(ii) a victim representative if the vic-
tim is a minor or incompetent to testify.
109 
(2) VICTIM REPRESENTATIVE.—The term ‘‘vic-
tim representative’’ means a victim advocate, victim 
witness liaison, victim support liaison, or victim 
counselor. 
(c) EMERGENCY SHELTER PROTECTION.—A victim 
or victim representative may not be compelled to provide 
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 
(2) the name, address, or telephone number of 
a victim representative. 
(d) WAIVER BY MINOR.—A minor may waive the 
privilege provided under subsection (a) and testify, or give 
consent for a victim representative to testify, if the court 
or hearing officer determines that the minor is capable of 
knowingly waiving the privilege. 
(e) EXCEPTION TO WAIVER AUTHORITY.—Notwith-
standing subsection (a), a parent or legal guardian may 
not, on behalf of a minor, waive the privilege provided 
under subsection (a) with respect to the minor’s testimony 
or the testimony of a victim representative if—
110 
(1) the parent or legal guardian has been 
charged with a crime against the minor; 
(2) a protective order, no contact order or re-
straining order has been entered against the parent 
or legal guardian on request of or behalf of the 
minor; or 
(3) the parent or legal guardian otherwise has 
an interest adverse to that of the minor with respect 
to the waiver of privilege. 
TITLE V—PERSONNEL 
ADMINISTRATION MATTERS 
SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS. 
(a) REQUIREMENT.—The Secretary of Defense shall 
prescribe in regulations a requirement that, in the case 
of any member of the Army, Navy, Air Force, or Marine 
Corps and any officer or employee of the Department of 
Defense, the commitment of the member, or the officer 
or employee, to the elimination of sexual harassment, sex-
ual misconduct, sexual assault, domestic violence, family 
violence, and stalking in the place of work or duty of the 
member, or the officer or employee, and at installations 
and other facilities of the Department of Defense shall be 
one of the factors considered in— 
(1) the evaluation of the performance of work 
or duties of the member or the officer or employee;
111 
(2) the determination of the appropriateness of 
a promotion of the member or the officer or em-
ployee; and 
(3) the determination of the appropriateness of 
selecting the member or the officer or employee to 
receive a financial award for performance of work or 
duties. 
(b) ANNUAL REPORT TO CONGRESS.—The Secretary 
shall submit to Congress an annual report on the imple-
mentation of the regulations required by subsection (a). 
The report shall contain an assessment of the effects of 
the implementation of such regulations on the number, ex-
tent, and seriousness of the cases of domestic violence, 
sexual misconduct, sexual assault, family violence, and 
stalking in the Department of Defense. The annual report 
under this subsection shall be separate from the annual 
report required by section 144(k) of title 10, United States 
Code. 
(c) ELIGIBILITY FOR PROMOTION AND AWARDS.— 
The Secretary of Defense and the Secretary of the military 
department concerned may not approve for presentation 
of a financial award for performance of work or duties 
or for promotion an officer or employee of the Department 
of Defense or a member of the Armed Forces who—
112 
(1) has been convicted of a criminal offense in-
volving domestic violence, family violence, sexual as-
sault, sexual misconduct, or stalking; or 
(2) has received any other disciplinary action or 
adverse personnel action on the basis of having en-
gaged in domestic violence, sexual assault, sexual 
misconduct, family violence, or stalking. 
TITLE 
VI—NATIONAL 
AND 
INTERNATIONAL 
HOTLINES 
AWARENESS, 
PREVENTION, 
AND 
INTERVENTION 
CAM-
PAIGN 
SEC. 601. AWARENESS, PREVENTION, AND INTERVENTION 
CAMPAIGN. 
(a) AWARDS AUTHORIZED.—The Secretary of De-
fense (in this section referred to as the ‘‘Secretary’’), act-
ing through the Director of the Office of the Victims’ Ad-
vocate, is authorized to award contracts to any eligible en-
tity to support the crisis intervention services of the De-
partment of Defense for victims of domestic violence, sex-
ual assault, family violence, and stalking in the Depart-
ment of Defense. 
(b) ELIGIBLE ENTITIES.—In this section, the term 
‘‘eligible entity’’ means any of the following: 
(1) The National Domestic Violence Hotline.
113 
(2) The National Sexual Assault Hotline. 
(3) The American Women Overseas Hotline. 
(c) PURPOSE OF CONTRACT.—An entity awarded a 
contract under subsection (a) shall— 
(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 and visibly posted at 
appropriate facilities within the Department of 
Defense; and 
(C) is made available through appropriate 
public information services; 
(3) provide for coordination with the Secretary 
of Defense, acting through the Director of the Office 
of the Victims’ Advocate, to ensure that individuals 
are provided appropriate information about pro-
grams, requirements, and procedures for military 
and civilian resources, services, counseling, and 
treatment; 
(4) provide support services for military per-
sonnel, families, and partners for the purpose of de-
114 
veloping and strengthening effective prevention and 
intervention 
strategies 
with 
response 
to 
servicemembers, family members, and partners expe-
riencing domestic violence, family violence, sexual as-
sault, and stalking; 
(5) develop and implement policies regarding 
appropriate, safe responses, and identification and 
referral procedures for servicemembers, family mem-
bers, and partners experiencing domestic violence, 
family violence, sexual assault, and stalking; 
(6) provide linguistically and culturally appro-
priate services, or linkages to existing services in the 
community, tailored to the needs of victims and sur-
vivors associated with the Armed Forces; and 
(7) provide the necessary human resources to 
respond to the needs of servicemembers, family 
members, and partners who are experiencing domes-
tic violence, family violence, sexual assault, or stalk-
ing, such as a resource person or liaison who is ei-
ther on-site or on-call and who possesses dem-
onstrated experience as a service provider to victims 
associated with the Armed Forces. 
(d) APPLICATIONS.— 
(1) IN GENERAL.—An eligible entity that de-
sires to receive a contract under this section shall
115 
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 in this section. 
(2) CONTENTS.—An application under para-
graph (1) shall— 
(A) outline and describe the activities to be 
undertaken to promote prevention, interventions 
and collaboration; 
(B) identify the members of the entity sub-
mitting the application who will be responsible 
for carrying out the activities described in sub-
paragraph (A); 
(C) ensure that communities or agencies 
affected by the activities described in subpara-
graph (A) are adequately represented in the de-
velopment of the application, resources, train-
ing, and follow on activities to be undertaken, 
and that they have a significant role in evalu-
ating 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 needs of vic-
116 
tims of domestic violence, sexual assault, family 
violence, and stalking; 
(E) provide assurances that training and 
other activities will be provided to all types of 
staff, will address appropriate practices for dis-
semination of information, referrals, follow-up, 
screening, intake, assessment, and provision of 
services addressing the safety needs of victims 
of domestic violence, sexual assault, family vio-
lence, or stalking; 
(F) describe how the training and collabo-
ration activities will enhance or ensure the safe-
ty and security of Armed Forces personnel, 
family members, and partners where domestic 
violence, sexual assault, family violence, or 
stalking occurs by providing appropriate re-
sources, protection, and support to victims; 
(G) outline the services to be provided, in-
cluding information and referrals to both mili-
tary and civilian resources; 
(H) outline methods and means partici-
pating entities will use to ensure that all serv-
ices are provided in a linguistically and cul-
turally competent manner and will use commu-
nity-based support and resources; and
117 
(I) outline the protocols, policies, and pro-
cedures participating entities will develop and 
adopt to ensure the confidentiality of victims. 
(e) CONSIDERATIONS.—(1) In providing information 
on services, resources, counseling, and advocacy available 
to Armed Forces personnel, family members, and part-
ners, 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 vio-
lence, family violence, sexual assault, and stalking avail-
able in the communities in which the victim resides, in-
cluding care and services available under programs of the 
Department of Defense and the Department of Veterans 
Affairs and from non-military and non-veteran agencies 
and organizations. 
(2) The Secretary shall ensure that the telephone as-
sistance service shall be operated in a manner that pro-
tects the confidentiality of persons who place a call to the 
system. 
(3) The Secretary shall ensure that information about 
the availability of the telephone assistance service is visibly 
posted in medical facilities, commissary and exchange fa-
cilities, and Family Advocacy Program and Victims’ Advo-
118 
cate Program facilities of the Department and is adver-
tised through public service announcements and pam-
phlets, and by other means. 
(f) DURATION
OF AWARDS.—The Secretary shall 
make the awards under this section for a period of one 
year. The awards may be renewed. 
(g) AWARD AMOUNTS.—Each award under this sec-
tion shall be in an amount of not more than $500,000 
per year. 
(h) CONFIDENTIALITY.—(1) In order to ensure the 
safety of victims of domestic violence, sexual assault, fam-
ily violence, or stalking and their families, the hotline serv-
ice provider shall protect the confidentiality and privacy 
of persons receiving services. The hotline service provider 
shall not disclose any personally identifying information 
or individual information collected in connection with serv-
ices requested, used, or denied through its programs. The 
hotline service provider shall not reveal individual client 
information without the informed, written, reasonably 
time-limited consent of the person (or in the case of an 
unemancipated minor, the minor and the parent or guard-
ian) about whom information is sought, whether for the 
victim service provider or any other Armed Forces, Tribal, 
Federal, State, or Territorial program. If release of such 
information is compelled by statutory or court mandate,
119 
the hotline services provider shall make reasonable at-
tempts to provide notice to victims affected by the disclo-
sure of information. If such personally identifying infor-
mation is or will be revealed, the hotline service provider 
shall take steps necessary to protect the privacy and safety 
of the persons affected by the release of the information. 
The hotline service provider may share nonpersonally iden-
tifying data in the aggregate regarding services to their 
clients and nonpersonally identifying demographic infor-
mation in order to comply with Armed Forces, Tribal, 
Federal, State, or Territorial reporting, evaluation, or 
data collection requirements. 
(2) In this subsection, the term ‘‘personally identi-
fying information’’ has the meaning given that term in 
section 1815(c) of title 10, United States Code, as added 
by section 101. 
(i) 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. 
(j) MATCHING FUNDS.—For the purposes of this sec-
tion, a nonprofit, nongovernmental victim services pro-
gram receiving funds under this section may not be re-
quired to provide matching funds as a condition of receiv-
ing an award under this section.
120 
(k) REPORTS.—An entity receiving funds under this 
section shall submit to the Secretary a report that de-
scribes, at a minimum— 
(1) how the funds under the program were used 
and the extent to which Armed Forces personnel, 
family members, or partners were served; 
(2) the adequacy of staff training and services 
to ensure that the needs of Armed Forces members, 
family members, or partners were met; and 
(3) the existence of continuing barriers the enti-
ty faces to more fully addressing the needs of Armed 
Forces members, family members, or partners. 
(l) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated for each of fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, the amount of $500,000 to carry out this section. 
(m) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for each fiscal year, 
the Secretary— 
(1) may not use more than 3 percent for eval-
uation, monitoring, site visits, conferences, and other 
administrative costs associated with conducting ac-
tivities under this section; and