sion of, and compiling of recommendations and 
strategy for, a strategic plan that seeks to— 
(A) involve more civilian leaders of the De-
partment of Defense, military commanders, and 
servicemembers in prevention and other activi-
ties designed to end domestic violence, sexual 
assault, family violence, and stalking in the 
Armed Forces; and 
(B) facilitate the Secretaries of the mili-
tary departments implementation of policies on 
domestic violence, sexual assault, family vio-
lence, and stalking in the Armed Forces. 
SEC. 143. CONFERENCE PARTICIPANTS. 
The Secretary shall provide for participants in con-
ferences under this subtitle to include the following: 
(1) Representatives from a broad cross-section 
of military authorities, including leadership, com-
mands, services, departments, and programs. 
(2) Representatives of Federal, State, national 
and local government agencies. 
(3) Representatives of law enforcement organi-
zations. 
(4) Criminal justice professionals, including 
prosecutors, investigators, attorneys, and advocates. 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
(5) Representatives of nonprofit, private, or 
nongovernmental service providers and of public and 
private organizations working in the field of domes-
tic violence, sexual assault, family violence, and 
stalking. 
(6) Individuals with demonstrated expertise in 
addressing the intersection between domestic vio-
lence, sexual assault, family violence, and stalking. 
(7) Individuals with demonstrated expertise in 
addressing the issues confronting the Armed Forces 
relative to domestic violence, sexual assault, family 
violence, and stalking. 
(8) Victims of domestic violence, sexual assault, 
family violence, and stalking. 
(9) Representatives of academic and research, 
facilities with demonstrated expertise in domestic vi-
olence, sexual assault, family violence, and stalking. 
(10) Representatives of the Department of Vet-
erans Affairs. 
(11) Advocates, counselors, and therapists en-
gaged in providing services to victims associated 
with the Armed Forces. 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
Subtitle F—Memorandums of Un-
derstanding With Civil Organi-
zations 
SEC. 151. AGREEMENTS WITH CIVILIAN ORGANIZATIONS. 
(a) MEMORANDUMS OF UNDERSTANDING.—Congress 
expects and encourages the Secretary of Defense to enter 
into memorandums of understanding with civilian organi-
zations to provide services to victims of sexual assault, do-
mestic violence, family violence, and stalking. 
(b) CONFIDENTIALITY.—When entering into a 
memorandum of understanding with a civilian organiza-
tion as described in subsection (a), the Secretary of De-
fense should not enter into, and may not enforce, any pro-
vision in the memorandum that would be in direct viola-
tion of any law protecting confidential information and 
personal identifying information. 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
TITLE II—RIGHTS, RESTITUTION, 
TREATMENT, AND SERVICES 
FOR VICTIMS 
Subtitle A—Protection of Persons 
Reporting Sexual Assault or Do-
mestic Violence 
SEC. 201. PROTECTION OF COMMUNICATIONS BETWEEN 
VICTIMS AND ADVOCATES. 
(a) RESTRICTING COMMUNICATION PROHIBITED.— 
Subsection (a) of section 1034 of title 10, United States 
Code, is amended 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: 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
‘‘(iii) the Office of the Victims’ Advocate 
or a victims’ advocate;’’. 
(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. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND 
HEALTH CARE PROFESSIONAL PRIVILEGE IN 
CASES ARISING UNDER UNIFORM CODE OF 
MILITARY JUSTICE. 
(a) PRIVILEGES ESTABLISHED.— 
(1) IN GENERAL.—Subchapter XI of chapter 47 
of title 10, United States Code (the Uniform Code 
of Military Justice), is amended by adding at the 
end the following new section: 
‘‘§ 941. Art. 141. Privilege for communication with 
victim service organization or health 
care professional 
‘‘(a) GENERAL RULE OF PRIVILEGE.—A client has 
a privilege to refuse to disclose, and to prevent any other 
person from disclosing, a confidential communication 
made between the client and a victim service organization 
or any representative of the organization, or between the 
client and a health care professional or any representative 
of the professional, in a case arising under this chapter, 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
if such communication was made for the purpose of secur-
ing advice, counseling, treatment, or assistance concerning 
the client’s mental, physical, or emotional condition caused 
by domestic violence, family violence, dating violence, 
stalking, or sexual assault. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘client’ means a person who 
consults with or is examined or interviewed by a vic-
tim service organization or any representative of the 
organization, or by a health care professional or any 
representative of the professional. 
‘‘(2) The term ‘victim service organization’ 
means an organization (whether public or private) 
that provides advice, counseling, or assistance to vic-
tims of domestic violence, family violence, dating vio-
lence, stalking, or sexual assault, or to the families 
of such victims. 
‘‘(3) The term ‘representative’, with respect to 
an organization or professional, means a person di-
rected by or assigned to assist that organization or 
professional, respectively, in providing advice, coun-
seling, treatment, or assistance. 
‘‘(4) The term ‘confidential communication’ 
means a communication not intended to be disclosed 
to third persons other than— 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
‘‘(A) those to whom disclosure is in fur-
therance of providing advice, counseling, treat-
ment, or assistance to the client; and 
‘‘(B) those reasonably necessary for dis-
closing under subparagraph (A). 
‘‘(c) EMERGENCY SHELTER PROTECTION.—A client 
or representative of a client may not be compelled to pro-
vide testimony in a civil, criminal, legislative, disciplinary, 
or administrative proceeding that would identify— 
‘‘(1) the name, address, location, or telephone 
number of a safe house, abuse shelter, or other facil-
ity that provided temporary emergency shelter to the 
victim of the offense or transaction that is the sub-
ject of the proceeding; or 
‘‘(2) the name, address, or telephone number of 
a victim representative. 
‘‘(d) WHO MAY CLAIM THE PRIVILEGE.—The privi-
lege under subsection (a) or (c) may be claimed by the 
client or the guardian or conservator of the client. A per-
son who may claim the privilege may authorize trial coun-
sel or defense counsel to claim the privilege on his or her 
behalf. The victim service organization, health care profes-
sional, or representative who received the communication 
may claim the privilege on behalf of the client. The author-
ity of such an organization, professional, representative, 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
guardian, or conservator to so assert the privilege is pre-
sumed in the absence of evidence to the contrary. 
‘‘(e) EXCEPTIONS.—There is no privilege under this 
section— 
‘‘(1) when the client is dead, except for the 
privilege under subsection (c); 
‘‘(2) to the extent the communication reports 
child abuse; 
‘‘(3) when a victim service organization, health 
care professional, or representative believes that a 
mental or emotional condition of the client makes 
the client a danger to any person, including the cli-
ent; or 
‘‘(4) if the communication clearly contemplated 
the future commission of a fraud or crime or if the 
services of the victim service organization or health 
care professional are sought or obtained to enable or 
aid anyone to commit or plan to commit what the 
client knew or reasonably should have known to be 
a crime or fraud.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘941. 141. Privilege for communication with victim service organization or 
health care professional.’’. 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6211
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
(b) APPLICABILITY.—Section 941 of title 10, United 
States Code (article 141 of the Uniform Code of Military 
Justice), as added by subsection (a), applies to commu-
nications made after the date of the enactment of this Act. 
Subtitle 
B—Medical 
Care 
and 
Treatment for Victims of Sexual 
and Domestic Violence 
SEC. 211. ENHANCED DEPARTMENT OF DEFENSE TREAT-
MENT CAPACITY. 
To the extent funds are available for such purpose, 
funds available to the Department of Defense shall be 
used to employ at least one medical professional trained 
as a sexual assault nurse examiner and at least one psy-
chiatrist, and a complimentary clinical team, at each mili-
tary treatment facility operated by the Department of De-
fense. 
SEC. 212. COMMUNITY LEVEL PROGRAM. 
(a) PROGRAM.—The Secretary of Defense, acting 
through the Assistant Secretary of Defense for Health Af-
fairs, shall carry out a program at the community level 
for members of the Armed Forces on active duty and fam-
ily members of such members who are victims of domestic 
violence, sexual assault, family violence, or stalking. 
(b) PROGRAM SITES.—The program shall be carried 
out through facilities of the Department of Defense. 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
(c) PROGRAM CONTENT.—In conducting the pro-
gram, the Secretary shall provide for individualized case 
management to be conducted on a one-to-one basis, coun-
seling, education, and group therapy to help victims cope 
with trauma. Through the program, the Secretary 
should— 
(1) emphasize early identification of victims ex-
periencing post-traumatic stress disorder resulting 
from domestic violence, sexual assault, family vio-
lence, or stalking; 
(2) include group-oriented, peer-to-peer settings 
for treatment; and 
(3) acknowledge that the causal factors of do-
mestic violence, sexual assault, family violence, and 
stalking include power and control. 
(d) OUTREACH.—The Secretary shall provide that 
health information packets given to members of the Armed 
Forces and their family members include information 
about how to obtain timely and confidential post-sexual 
assault medical care. 
(e) PROGRAM MODELS.—The Secretary shall estab-
lish and carry out the program under this section following 
a comprehensive review of other relevant programs, includ-
ing programs of the Department of Veterans Affairs, of 
State and local governments, and of private, nonprofit, or 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS
nongovernmental organizations specializing in the treat-
ment of victims of domestic violence, sexual assault, family 
violence, or stalking. 
SEC. 213. TRANSITION TO VETERANS HEALTH CARE FOR 
VICTIMS OR PERPETRATORS OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, FAMILY VIO-
LENCE, OR STALKING. 
The Secretary of each military department shall take 
special care in providing for a seamless transition from 
Department of Defense health care services to Depart-
ment of Veterans Affairs health care services in the case 
of any member of the Armed Forces who is being dis-
charged or separated from active duty and who has been 
identified as a victim or perpetrator of domestic violence, 
sexual assault, family violence, or stalking. 
Subtitle C—Military-Civilian 
Shelter Programs 
SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR SHELTER PROGRAMS AND 
SERVICES. 
(a) CONTRACTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Office of the Vic-
tims’ Advocate, may enter into contracts with eligi-
ble entities to provide shelter services for members 
VerDate Aug 31 2005 
06:37 Oct 31, 2007
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3990.IH
H3990
bajohnson on PROD1PC69 with BILLS