(b) USES OF FUNDS.—A contract under this section 
shall provide that— 
(1) whenever possible, the entity awarded the 
contract shall collaborate with existing shelter serv-
ices in the civilian community to provide appropriate 
victim services; 
(2) when appropriate shelter services are not 
available in the civilian community or are not acces-
sible to members of the Armed Forces or their fam-
ily members or partners, the entity awarded the con-
tract may provide or create shelter services in col-
laboration with a community-based organization; 
(3) the entity awarded the contract shall pro-
vide referral services to a Department of Defense 
victims advocate aid, including legal, medical, or 
psychological counseling, to members of the Armed 
Forces and their family members and partners who 
are experiencing domestic violence, family violence, 
sexual assault, or stalking; and 
(4) if needed, the entity awarded the contract 
will have staff with fluency in languages other then 
English or access to translators. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires to receive a contract under this section shall 
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submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require, consistent with the re-
quirements of this section. 
(2) CONSIDERATION OF BEST PRACTICES.—In 
considering applications submitted pursuant to para-
graph (1), the Secretary shall consult with existing 
providers of shelter services t determine best prac-
tices. 
(d) DURATION OF AWARDS.—A contract awarded 
under this section shall be awarded for a period of three 
fiscal years. Such a contract may be renewed. 
(e) CONFIDENTIALITY.—The Secretary shall include 
in a contract under this section confidentiality provisions 
based on the provisions of section 1816(a) of title 10, 
United States Code, as added by section 111. 
(f) REPORTS.—An entity awarded a contract under 
this section shall submit to the Secretary every six months 
a report that describes, at a minimum— 
(1) how the funds under the contract were 
used; 
(2) the extent to which military personnel, fam-
ilies, and partners were served; and 
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(3) the adequacy of staff training and services 
to ensure that needs of members of the Armed 
Forces and their family members and partners. 
Subtitle D—Victim’s Rights and 
Restitution 
SEC. 231. MILITARY LAW ENFORCEMENT AND VICTIMS’ 
RIGHTS. 
(a) VICTIMS RIGHTS.—After an allegation of a do-
mestic violence, sexual assault, family violence, or stalking 
offense that is reported to, or investigated by military law 
enforcement agency, the victim (or alleged victim) shall 
have the following rights: 
(1) Victims’ rights set out under section 502(b) 
of the Victims’ Rights and Restitution Act of 1990 
(42 U.S.C. 10606(b)). 
(2) The right to be informed of the availability 
of crisis intervention services and resources and 
medical services and, when applicable, that medical 
services arising out of the need to secure evidence 
may be reimbursed. 
(3) The right to be informed of legal procedures 
and resources available for the protection of the vic-
tim, including military no contact orders and protec-
tion orders, the provisions of section 1561a of title 
10, United States Code, and the full faith and credit 
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provisions of the Violence Against Women Act as de-
fined by section 2265 of title 18, United States 
Code. 
(4) The right to be informed of names and tele-
phone numbers of public and private assistance pro-
grams, including victim compensation programs, 
transitional compensation programs, and programs 
that provide counseling, treatment, shelter, and sup-
port services. 
(5) The right to be informed of the military law 
enforcement agency report number for the case, if 
available, other identifying information, and the fol-
lowing statement: ‘‘If within 30 days you are not no-
tified of an arrest in your case, you may call (the 
military law enforcement agency’s telephone num-
ber) for information on the status of your case.’’. 
(6) The right to be notified by military law en-
forcement authorities of the arrest of the suspect, if 
the suspect is arrested, regardless of whether the 
suspect is an adult or a juvenile. 
(7) The right to be to informed, in a case in 
which the suspect is an adult and has been arrested, 
of the suspect’s release, of the scheduled time, place, 
and date for initial court appearances of the suspect, 
and of the victim’s right to be heard. 
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(b) NOTICE OF RIGHTS TO BE PROVIDED.—As soon 
after an allegation of a domestic violence, sexual assault, 
family violence, or stalking offense as possible without 
interfering with an investigation or arrest, a representa-
tive of the military law enforcement agency that has re-
sponsibility for investigating the offense shall provide the 
victim with a multicopy form that includes the following: 
(1) A form for the victim to request or waive 
applicable rights to information to which the victim 
is entitled, on request, under this section. 
(2) A means for the victim to designate a lawful 
representative selected by the victim. 
(3) Notice to the victim of the following: 
(A) Victims’ rights under section 502(b) of 
the Victims’ Rights and Restitution Act of 1990 
(42 U.S.C. 10606(b)). 
(B) The availability of crisis intervention 
services and resources and medical services and, 
when applicable, that medical services arising 
out of the need to secure evidence may be reim-
bursed. 
(C) The legal procedures and resources 
available for the protection of the victim, in-
cluding military no contact orders and protec-
tion orders, the provisions of section 1561a of 
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title 10, United States Code, and the full faith 
and credit provisions of the Violence Against 
Women Act as defined by section 2265 of title 
18, United States Code. 
(D) The names and telephone numbers of 
public and private assistance programs, includ-
ing victim compensation programs, transitional 
compensation programs, and programs that 
provide counseling, treatment, shelter, and sup-
port services. 
(E) The military law enforcement agency 
report number for the case, if available, other 
identifying information, and the following state-
ment: ‘‘If within 30 days you are not notified 
of an arrest in your case, you may call (the 
military law enforcement agency’s telephone 
number) for information on the status of your 
case.’’. 
(F) Regardless of whether the suspect is 
an adult or a juvenile, a statement that the vic-
tim will be notified by military law enforcement 
authorities of the arrest of the suspect, if the 
suspect is arrested. 
(G) If the suspect is an adult and has been 
arrested, a statement that the victim will be in-
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formed of the suspect’s release, of the scheduled 
time, place, and date for initial court appear-
ances of the suspect and of the victim’s right to 
be heard, and that to exercise those rights, the 
victim may contact the custodial agency regard-
ing the suspect’s status or contact the com-
mand regarding any changes. 
(c) EFFECT OF EMOTIONAL STATUS OF VICTIM.— 
If at the time of contact with a military law enforcement 
agency representative under subsection (a), a victim is 
emotionally unable to request or to waive applicable rights, 
the military law enforcement agency representative shall 
so designate that on the multicopy form and any entity 
that is subsequently involved in the case shall presume 
that the victim invoked the applicable rights to which the 
victim is entitled and, on request, the victim may later 
waive those rights. 
SEC. 232. AVAILABILITY OF INCIDENT REPORTS. 
(a) APPLICABILITY.—A military law enforcement 
agency shall provide, without charge, to a victim of domes-
tic violence, sexual assault, family violence, or stalking (or 
to the representative of such a victim, if the victim is de-
ceased) a copy of the incident report in the case, a copy 
of the incident report summary (referred to as a ‘‘face 
sheet’’), or both, in accordance with subsection (b). 
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(b) TIME FOR AVAILABILITY.— 
(1) SUMMARIES.—A copy of an incident report 
summary shall be made available during regular 
business hours to a victim or the victim’s representa-
tive no later than 48 hours after being requested by 
the victim or the victim’s representative, unless the 
military law enforcement agency informs the victim 
or representative of the reasons why the summary is 
not available, in which case the summary shall be 
made available to the victim or representative no 
later than five working days after the request is 
made. 
(2) INCIDENT REPORTS.—A copy of the inci-
dent report shall be made available during regular 
business hours to a victim or the victim’s representa-
tive no later than five working days after being re-
quested by a victim or representative, unless the 
military law enforcement agency informs the victim 
or representative of the reasons why the incident re-
port is not available, in which case the incident re-
port shall be made available to the victim or rep-
resentative no later than 10 working days after the 
request is made. 
(c) IDENTIFICATION.—An incident report and a sum-
mary of an incident report may be provided to any person 
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under this section only upon presentation of identification 
satisfactory to the Secretary concerned. 
(d) TIME DURATION.—This section applies to re-
quests for copies of incident reports and summaries of in-
cident reports made within five years from the date of 
completion of the incident report. 
(e) VICTIM’S REPRESENTATIVE DEFINED.— 
(1) For purposes of this section, the term ‘‘vic-
tim’s representative’’ means, with respect to a victim 
who is deceased, the person who is listed first among 
the following: 
(A) The surviving spouse. 
(B) A surviving child of the decedent who 
has attained 18 years of age. 
(C) A surviving parent of the decedent. 
(D) A surviving adult relative. 
(E) The public administrator appointed by 
a probate court, if one has been appointed. 
(2) A victim’s representative does not include 
any person who has been convicted of murder under 
State or Federal law or any person identified in the 
incident report as a suspect. 
SEC. 233. VICTIM ADVOCATES AND VICTIMS’ RIGHTS. 
(a) IN GENERAL.—Any victim making an allegation 
of sexual assault, domestic violence, family violence, or 
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stalking may have a victim advocate present at any inter-
view of the victim conducted by any military law enforce-
ment official. 
(b) SUPPORT DURING PROCEEDINGS.—In a military 
justice proceeding, a victim advocate, upon the request of 
the victim, shall be allowed to accompany the victim dur-
ing the proceedings. The victim advocate shall be allowed 
to confer orally and in writing with the victim in a reason-
able manner. 
SEC. 234. RESTITUTION. 
(a) IN GENERAL.—Chapter 80 of title 10, is amended 
by inserting after section 1561b, as added by section 301, 
the following new section: 
‘‘§ 1561c. Restitution 
‘‘(a) RESTITUTION REQUIRED.—In addition to any 
other civil, disciplinary, or criminal penalty authorized by 
law, the convening authority in a court-martial shall order 
restitution for any offense specified in section 920, 892(4), 
or 1561a of this title. 
‘‘(b) SCOPE AND NATURE OF ORDER.— 
‘‘(1) DIRECTIONS.—An order of restitution 
under this section shall direct the person convicted 
to pay the victim the full amount of the victims’ 
losses, as determined by the convening authority 
pursuant to paragraph (2). 
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‘‘(2) ENFORCEMENT.—An order of restitution 
under this section shall be issued and enforced in ac-
cordance with section 3664 of title 18 in the same 
manner as an order under section 3663A of that 
title. 
‘‘(c) MANDATORY ORDER.— 
‘‘(1) The issuance of a restitution order under 
this section is mandatory. 
‘‘(2) The convening authority may not decline 
to issue an order under this section because of— 
‘‘(A) the economic circumstances of the 
person convicted; or 
‘‘(B) the fact that a victim has received, or 
is entitled to receive, compensation for the vic-
tim’s injuries from the proceeds of insurance, 
transitional compensation, veterans benefits, or 
any other source. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 
FULL
AMOUNT
OF
THE
VICTIM’S 
LOSSES.—The term ‘full amount of the victim’s 
losses’ includes any costs incurred by the victim 
for— 
‘‘(A) medical services relating to physical, 
psychiatric, or psychological care; 
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‘‘(B) physical and occupational therapy or 
rehabilitation; 
‘‘(C) necessary transportation, temporary 
housing, and child care expenses; 
‘‘(D) lost income; 
‘‘(E) attorney’s fees, plus any costs in-
curred in obtaining a civil protective order; and 
‘‘(F) any other loss suffered by the victim 
as a proximate result of the offense or offenses. 
‘‘(2) VICTIM.—The term ‘victim’ means a per-
son harmed as a result of a commission of a crime 
under this title, including, in the case of a victim 
who is under 18 years of age, incompetent, incapaci-
tated, or deceased, the legal guardian of the victim 
or representative of the victim’s estate, another fam-
ily member, or any other person appointed as suit-
able by a court, but in no event shall the accused be 
named as such a representative or guardian.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b, as added by sec-
tion 301, the following new section: 
‘‘1561c. Restitution.’’. 
SEC. 235. RECORDS OF MILITARY JUSTICE ACTIONS. 
(a) IN GENERAL.—Subchapter XI of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
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Justice), is amended by adding at the end the following 
new section (article): 
‘‘§ 940a. Art. 140a. Military justice information: trans-
mission to Director of Federal Bureau of 
Investigation 
‘‘Whenever a member of the Armed Forces is dis-
charged or dismissed from the Armed Forces or is released 
from active duty, the Secretary concerned shall transmit 
to the Director of the Federal Bureau of Investigation a 
copy of records of any disciplinary action against the 
member involving sexual misconduct during the period of 
the member’s service in the Armed Forces that is taken 
under this chapter, including any nonjudicial punishment 
imposed under section 815 of this title (article 15).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘940. 140a. Military justice information: transmission to Director of Federal 
Bureau of Investigation.’’. 
SEC. 236. TECHNICAL AMENDMENTS RELATING TO FATAL-
ITY REVIEW PANELS. 
(a) ARMY.—Section 4061 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting ‘‘, through 
the Office of the Victims’ Advocate,’’ after ‘‘Sec-
retary of the Army’’; and 
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(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
(b) NAVY.—Section 6036 of such title is amended— 
(1) in subsection (a), by inserting ‘‘, through 
the Office of the Victims’ Advocate,’’ after ‘‘Sec-
retary of the Navy’’; and 
(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
(c) AIR FORCE.—Section 9061 of such title is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, through 
the Office of the Victims’ Advocate,’’ after ‘‘Sec-
retary of the Air Force’’; and 
(2) in subsection (c), by inserting ‘‘, in con-
sultation with the Office of the Victims’ Advocate,’’ 
after ‘‘Secretary of Defense’’. 
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TITLE 
III—REPORTING, 
PROS-
ECUTION, AND TREATMENT 
OF PERPETRATORS 
Subtitle A—Reporting of Sexual As-
sault, Domestic Violence, and 
Stalking Within the Department 
of Defense 
SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMES-
TIC VIOLENCE. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1561a 
the following new section: 
‘‘§ 1561b. Complaints of sexual assault, domestic vio-
lence, family violence, or stalking: inves-
tigation by commanding officers 
‘‘(a) ACTION ON COMPLAINTS.—(1) A commanding 
officer or officer in charge of a unit, vessel, facility, or 
area of the Army, Navy, Air Force, or Marine Corps who 
receives a qualifying complaint shall carry out an inves-
tigation of the matter in accordance with this section. 
‘‘(2) In this section, the term ‘qualifying complaint’ 
means a complaint— 
‘‘(A) that is from a victim, or from a member 
of the command, or a civilian employee under the 
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supervision of the officer, or a victim advocate of the 
Department of Defense; and 
‘‘(B) that alleges sexual assault, domestic vio-
lence, family violence, or stalking by a member of 
the Armed Forces or a civilian employee of the De-
partment of Defense 
‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 
extent practicable, a commanding officer or officer in 
charge receiving a qualifying complaint shall, within 72 
hours after receipt of the complaint— 
‘‘(1) forward the complaint, or a detailed de-
scription of the allegation in the complaint, to the 
next superior officer in that officer’s chain of com-
mand who is authorized to convene a general court- 
martial; 
‘‘(2) commence, or cause the commencement of, 
an investigation of the complaint, including engaging 
law enforcement, criminal investigators, judge advo-
cates, victim advocates, and victim witness liaisons; 
and 
‘‘(3) advise the complainant of the commence-
ment of the investigation. 
‘‘(c) DURATION OF INVESTIGATION.—A commanding 
officer or officer in charge receiving a qualifying complaint 
shall ensure that the investigation of the complaint is com-
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pleted within 90 days of the date on which the investiga-
tion is commenced or such longer period as may be ap-
proved by the Director of the Office of Victim Advocate. 
‘‘(d) JUDGE ADVOCATE REPORT.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving a qualifying complaint shall require a report of the 
judge advocate, including the results of the investigation, 
application of the disciplinary or punitive articles under 
the Uniform Code of Military Justice, and any rec-
ommendations for actions to be taken as a result of the 
investigation, within 20 days after the date on which the 
investigation is commenced. 
‘‘(e) REPORT
ON INVESTIGATION.—To the extent 
practicable, a commanding officer or officer in charge re-
ceiving a qualifying complaint shall— 
‘‘(1) submit a final report on the results of the 
investigation, including any action taken as a result 
of the investigation, to the next superior officer re-
ferred to in subsection (b)(1) within 30 days after 
the date on which the investigation is commenced; or 
‘‘(2) submit a report on the progress made in 
completing the investigation to the next superior of-
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-
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graph (1), together with the comments of the Secretary 
on each such report. The Secretary shall transmit the re-
port for any year not later than March 15 of the next 
year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561a the following new 
item: 
‘‘1561b. Complaints of sexual assault, domestic violence, family violence, or 
stalking: investigation by commanding officers.’’. 
SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OF-
FICIALS TO DOMESTIC VIOLENCE INCIDENTS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 1567. Domestic violence: responsibilities of mili-
tary law enforcement officers 
‘‘(a) CIRCUMSTANCES REQUIRING ARREST.—A mili-
tary law enforcement officer shall arrest and take into cus-
tody a person subject to arrest or apprehension by the offi-
cer if— 
‘‘(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 
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‘‘(2) any of the following circumstances is 
present: 
‘‘(A) The officer has reasonable basis for 
believing that continued domestic violence 
against the alleged victim is likely. 
‘‘(B) There is evidence of physical injury 
to the alleged victim. 
‘‘(C) The use of a deadly weapon or dan-
gerous instrument is evident. 
‘‘(b) DOMESTIC VIOLENCE.—In this section, the term 
‘domestic violence’ means any of the following engaged in 
by a person against the person’s spouse or former spouse 
or against a person with whom the person resides or for-
merly resided or against an individual with whom the per-
son has a child in common: 
‘‘(1) Infliction of physical pain, bodily injury, or 
illness or damage to property. 
‘‘(2) Intentional impairment of physical condi-
tion. 
‘‘(3) A threat of conduct that would cause bod-
ily injury or damage to property. 
‘‘(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-
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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 
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other, the officer does not have to arrest both par-
ties but should arrest the person whom the officer 
believes to be the primary physical aggressor. In de-
termining who is the primary physical aggressor, an 
officer should consider the intent of this section to 
protect victims of domestic violence, the relative in-
jury or fear inflicted on the persons involved, and 
any history of domestic violence between those per-
sons, if that history can be ascertained by the offi-
cer, or response of a person who acts in a reasonable 
manner to protect oneself or another family or 
household member from domestic violence. No victim 
shall be denied relief or charged for a domestic vio-
lence offense because the victim used reasonable 
force in self defense against domestic violence by an 
attacker. 
‘‘(C) The decision of a military law enforcement 
officer as to whether or not to make an arrest under 
this section may not be based on the consent of the 
victim or any subsequent prosecution or on the rela-
tionship or the rank of the persons involved in the 
incident. 
‘‘(D) A decision of a military law enforcement 
officer’s decision not to arrest under this section 
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may not be based solely upon the absence of visible 
injury or impairment. 
‘‘(2) The policies under paragraph (1) shall include 
a procedure applicable to the report and referral required 
under subsection (c). Such procedures shall require that 
the military law enforcement agency shall, without charge, 
send a copy of the initial report and any subsequent, sup-
plemental, or related report, which excludes the victim’s 
statement or other materials that are part of an active 
criminal investigation and are exempt from disclosure, to 
the command and Family Advocacy Program exercising 
responsibility over the area in which the incident took 
place, to the victim advocate within the Department of De-
fense assigned to the installation and the nearest local do-
mestic violence center within 24 hours of the agency’s re-
ceipt of the report. The report furnished to the Family 
Advocacy Program, victim advocate, and local domestic vi-
olence center shall include a narrative description of the 
domestic violence incident. 
‘‘(3) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident 
of domestic violence services from which the victim may 
receive assistance. The military law enforcement officer 
shall provide the victim immediate notice of the legal 
rights and remedies available to the victim. Such notice 
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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 
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of your minor child or children; and direct the 
abuser to pay support to you and the minor children 
if he/she has a legal obligation to do so. You also 
have the right to request a military no contact order 
containing the above provisions.’. 
‘‘(4) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident, 
a description of the procedure for releasing the arrested 
person, and the likelihood and probable time of the ar-
rested person’s release. 
‘‘(5) In the development of policies under this sub-
section, the Secretary and shall consult with law enforce-
ment agencies and organizations with expertise in the rec-
ognition of domestic violence incidents. 
‘‘(e) DOMESTIC VIOLENCE INCIDENT REPORTS.—(1) 
A military law enforcement officer who responds to a do-
mestic violence incident shall prepare a domestic violence 
incident report. 
‘‘(2) If a military law enforcement officer has reason-
able grounds to arrest a person who is committing or has 
committed domestic violence and that person’s actions 
constitute the commission of a crime, the officer shall pre-
pare a written statement detailing why the person was not 
arrested. The report shall be sent to the judge advocate 
for the command of the suspect where the acts took place, 
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immediately upon the completion of the investigation of 
the incident. The judge advocate shall review the report 
to determine whether the person involved in the incident 
should be charged with the commission of a crime. 
‘‘(3) All information contained in the domestic vio-
lence incident report shall be forwarded to the appropriate 
military criminal investigative unit, to the judge advocate 
with responsibility for the jurisdiction, and to the com-
mander of the suspect and of the installation. 
‘‘(4) The domestic violence incident report shall be 
on a form set forth in regulations prescribed by the Sec-
retary of Defense. The form shall include provision for the 
following information: 
‘‘(A) The relationship of the parties. 
‘‘(B) The sex of the parties. 
‘‘(C) The time and date of the incident. 
‘‘(D) The number of domestic violence calls in-
vestigated. 
‘‘(E) Whether children were involved, or wheth-
er the alleged act of domestic violence had been com-
mitted in the presence of children. 
‘‘(F) The type and extent of the abuse. 
‘‘(G) The number and type of weapons involved. 
‘‘(H) The action taken by the law enforcement 
officer. 
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100 
‘‘(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 
a protective order involving the parties. 
‘‘(K) The number of arrests involving the par-
ties for a violation of a civilian protective order or 
details of disciplinary action taken for the violation 
of a military protective 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 by the victim, during the 72 hours immediately fol-
lowing an arrest for a domestic violence incident, the per-
son 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 com-
manders, to contact the alleged victim. 
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101 
‘‘(2) Unless there is a waiver by the victim under 
paragraph (1), a law enforcement officer who releases a 
person arrested for domestic violence from custody less 
than 72 hours after the arrest shall inform the arrested 
person orally and in writing of the requirements of this 
section and the consequences of violating this section. The 
arrested person shall sign an acknowledgment on the writ-
ten notice that the person has had notice of, and under-
stands the requirements, the consequences and the provi-
sions of this section. If the arrested 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 
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102 
the requirements under subsection (f)(1) and to sign the 
acknowledgment under subsection (f)(2). 
‘‘§ 1568. Domestic violence: prosecution policies 
‘‘The Secretary of Defense shall develop and imple-
ment written policies encouraging the prosecution of do-
mestic violence offenses under the military justice system. 
Those policies shall include the following: 
‘‘(1) A policy that a recommendation of a judge 
advocate that a domestic violence incident not be 
prosecuted should not be based— 
‘‘(A) solely upon the absence of visible in-
dications of injury; 
‘‘(B) consent of the victim; 
‘‘(C) consideration of the relationship of 
the parties; or 
‘‘(D) the character, rank, rate, or quality 
of service of members of the Armed Forces, of-
ficers or employees. 
‘‘(2) A policy that when a domestic violence in-
cident is not prosecuted by the judge advocates, in-
cluding a report made under this section, the deci-
sion by the judge advocates should be made not later 
than 28 days after the date on which the judge ad-
vocate general has received notice of the incident. 
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103 
‘‘§ 1569. Domestic violence: annual reports 
‘‘(a) REPORTS TO SECRETARIES OF THE MILITARY 
DEPARTMENTS.—Each judge advocate for a command 
who in the official capacity of that judge advocate receives 
an allegation of domestic violence during any year shall 
submit to the Secretary of the military department con-
cerned a report of all such allegations received during the 
year, together with such information as the Secretary may 
require, including the following: 
‘‘(1) The number of arrests for domestic vio-
lence incidents in that judge advocate’s command, 
compiled and furnished by military law enforcement 
and military criminal investigators. 
‘‘(2) The number of subsequent prosecutions 
and convictions of those arrested for domestic vio-
lence incidents. 
‘‘(3) A listing of the number of arrests, pros-
ecutions, and convictions under paragraphs (1) and 
(2) shall include categories by statutory reference of 
offenses under chapter 47 of this title (the Uniform 
Code of Military Justice) and include totals for all 
categories. 
‘‘(b) REPORTS TO THE SECRETARY OF DEFENSE.— 
Not later than January 1 of each year, the Secretaries 
of the military departments shall submit to the Secretary 
of Defense a report on the number of arrests, disposition 
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105 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 53 of such title is 
amended by striking the item relating to section 
1058. 
SEC. 303. INVESTIGATION 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 per-
sons 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. 
‘‘(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 
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106 
Special Investigations shall perform the duties set forth 
in this section and such other related duties as the Sec-
retary may prescribe. 
‘‘(d) DIRECT INVESTIGATIONS.—The Director shall 
review an investigation of an allegation of sexual mis-
conduct, sexual assault, family violence, stalking, or do-
mestic violence— 
‘‘(1) if requested— 
‘‘(A) by the director of the Office of Vet-
erans Affairs; 
‘‘(B) by an investigative organization of 
the Department of Defense or one of the mili-
tary departments; or 
‘‘(i) by a commander of a member of 
the Armed Forces alleged to have engaged 
in sexual misconduct, sexual assault, do-
mestic violence, family violence, or stalking 
or to have been the victim of sexual mis-
conduct, sexual assault, domestic violence, 
family violence, or stalking; or 
‘‘(2) in any case that the Secretary directs the 
Director to investigate. 
‘‘(e) OVERSIGHT AND QUALITY CONTROL OF OTHER 
INVESTIGATIONS.—(1) The Director shall review the sta-
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107 
tus of an investigation that is referred under subsection 
(d). 
‘‘(2) In carrying out paragraph (1), the Director may 
review the records of the investigation and observe the 
conduct of the ongoing investigation. 
‘‘(3) The Director shall report to the Secretary on 
any investigation monitored pursuant to paragraph (1). 
The report may include the status of the investigation, an 
evaluation of the conduct of the investigation, an evalua-
tion of each investigator and the investigative organization 
involved in the investigation, and a recommendation for 
the future conduct of the investigation. 
‘‘(f) 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, 
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108 
records, accounts, papers, and other data and docu-
mentary evidence necessary in the performance of 
the Director’s duties, which subpoena, in the case of 
contumacy or refusal to obey, shall be enforceable by 
order of any appropriate United States district 
court. 
‘‘(4) To serve subpoenas, summons, and any ju-
dicial process related to the review of an investiga-
tion. 
‘‘(5) To administer to or take from any person 
an oath, affirmation, or affidavit whenever necessary 
in the review of an investigation. 
‘‘(6) To obtain for the victim in the case under 
review in the investigation from any military com-
mand a military protection order or from a court of 
appropriate jurisdiction an order of protection, re-
spectively, to safeguard the victim. 
‘‘(7) To refer to a victim advocate for assist-
ance in obtaining services for any victim in the case 
under review. 
‘‘(8) To request the appropriate commander to 
take action to relocate the victim during an inves-
tigation in order to ensure the safety of a victim. 
‘‘(g) REFERRALS FOR PROSECUTION.—(1) The Di-
rector may refer any case of sexual misconduct, domestic 
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109 
violence, family violence, sexual assault, or stalking de-
scribed in subsection (d)(1) to an appropriate commander 
for action under chapter 47 of this title (the Uniform Code 
of Military Justice) or other appropriate action. 
‘‘(2) The Director shall report each such referral to 
the Secretary of Defense. 
‘‘(h) STAFF.—The Director shall have access to— 
‘‘(1) investigators who have extensive experience 
in criminal investigations and demonstrated exper-
tise in domestic violence, family violence, sexual as-
sault, or stalking; 
‘‘(2) attorneys sufficient to provide the Direc-
tor, the criminal investigators, and the Director’s 
other staff personnel with legal counsel necessary for 
the performance of the duties of the Director; and 
‘‘(3) such other staff as is necessary for the 
performance of the Director’s duties.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 4 of such title is amended by 
adding at the end the following new item: 
‘‘144. Director of Special Investigations.’’. 
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110 
Subtitle B—Crimes Related to Sex-
ual Assault and Domestic Vio-
lence 
CHAPTER 1—FEDERAL CRIMINAL CODE 
SEC. 311. ASSIMILATIVE CRIMES. 
Section 13 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘(d) For purposes of subsection (a) of this section, 
that which may or shall be imposed through judicial or 
administrative action under the law of a State, territory, 
possession, or district for conduct that constitutes a sexual 
assault, sexual abuse, sexual battery, rape, stalking, do-
mestic violence, or family violence offense of the jurisdic-
tion shall be considered to be punishment provided by the 
law of that jurisdiction.’’. 
SEC. 312. JURISDICTION FOR SEXUAL ASSAULT AND DO-
MESTIC VIOLENCE OFFENSES COMMITTED 
OUTSIDE THE UNITED STATES. 
(a) 
EXTRATERRITORIAL
JURISDICTION.—Section 
3261(a) of title 18, United States Code, is amended by 
inserting ‘‘or constitutes a sexual assault, sexual mis-
conduct, domestic violence, stalking, or family violence of-
fense’’ after ‘‘year’’. 
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113 
CHAPTER 2—UNIFORM CODE OF 
MILITARY JUSTICE 
SEC. 316. DOMESTIC VIOLENCE AND FAMILY VIOLENCE. 
(a) ASSAULT.—Section 928(b) of title 10, United 
States Code (article 128(b) of the Uniform Code of Mili-
tary Justice), is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by inserting ‘‘or’’ at the end of paragraph 
(2); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) commits an assault involving domestic vio-
lence or family violence;’’. 
(b) ASSAULT INVOLVING DOMESTIC VIOLENCE OR 
FAMILY VIOLENCE DEFINED.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(c) In this section, the term ‘assault involving do-
mestic violence or family violence’ means— 
‘‘(1) an assault— 
‘‘(A) with the intent to kill, injure, harass, 
or intimidate a spouse, intimate partner, or 
family member, or any other person related by 
consanguinity or affinity; 
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114 
‘‘(B) in which the accused intentionally in-
flicts bodily harm with or without a weapon 
upon a spouse, former spouse, intimate partner, 
or family member, or any other person related 
by consanguinity or affinity; or 
‘‘(C) in which the accused places a person 
in reasonable fear of imminent bodily injury to 
that person or to another person; 
‘‘(2) a sexual assault; or 
‘‘(3) any conduct in which the accused— 
‘‘(A) places a person in reasonable fear of 
imminent bodily injury to that person or to an-
other; 
‘‘(B) harasses or intimidates a spouse, inti-
mate partner, or family member or person re-
lated by consanguinity or affinity, in the course 
of or as a result of which the accused commits 
a crime of violence against the spouse, intimate 
partner, or family member or person related by 
consanguinity or affinity; or 
‘‘(C) uses force, coercion, duress, or fraud 
to facilitate, commit, or attempt to commit a 
crime of violence against a spouse, former 
spouse, intimate partner, or family member.’’. 
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115 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
(d) INTERIM MAXIMUM PUNISHMENTS.—Until the 
President otherwise provides pursuant to section 856 of 
title 10, United States Code (article 56 of the Uniform 
Code of Military Justice), the punishment which a court- 
martial may direct for an offense under subsection (b)(3) 
of section 928 of such title (article 128 of the Uniform 
Code of Military Justice) may not exceed the following 
limits: 
(1) For an assault involving domestic violence 
or family violence if the death of the victim results, 
such punishment may not exceed dishonorable dis-
charge, forfeiture of pay and allowances, and con-
finement for life without eligibility for parole. 
(2) For an assault involving domestic violence 
or family violence if permanent disfigurement or life 
threatening bodily injury to the victim results, such 
punishment may be twice that as provided including 
dishonorable discharge, forfeiture of pay and allow-
ances, and confinement for 30 years. 
(3) For an assault involving domestic violence 
or family violence if serious bodily injury to the vic-
tim results or if the accused uses a dangerous weap-
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116 
on, such punishment may not exceed dishonorable 
discharge, forfeiture of all pay and allowances, and 
confinement for 20 years. 
(4) For an assault involving domestic violence 
or family violence, such punishment may not exceed 
dishonorable discharge, forfeiture of all pay and al-
lowances, and confinement for 10 years. 
SEC. 317. PROTECTIVE ORDERS. 
(a) ENFORCEMENT OF PROTECTIVE ORDERS.—Sec-
tion 892 of title 10, United States Code (article 92 of the 
Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Any person’’; 
(2) by striking ‘‘or’’ at the end of paragraph 
(2); 
(3) by inserting ‘‘or’’ at the end of paragraph 
(3); 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) violates or fails to obey a no contact order 
or protective order;’’; and 
(5) by adding at the end of such section the fol-
lowing new subsection: 
‘‘(b) In this section, the term ‘no contact order or 
protective order’ includes— 
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117 
‘‘(1) a no contact order issued by a command 
or supervisor to a member to safeguard a spouse, 
former spouse, intimate partner, or family member 
of a member; 
‘‘(2) a protection order as defined in section 
2266(5) of title 18; and 
‘‘(3) a protective order as defined in section 
1561a of this title.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
Subtitle C—Treatment Services for 
Perpetrators 
SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR TREATMENT SERVICES FOR 
PERPETRATORS. 
(a) CONTRACTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Undersecretary of Defense for 
Personnel and Readiness, may enter into contracts 
with eligible entities for the provision of treatment 
services, including a batterers program, for members 
of the Armed Forces who have been assessed to have 
committed domestic violence, family violence, sexual 
assault, or stalking. 
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118 
(2) DEFINITIONS.—In this section: 
(A) ELIGIBLE ENTITIES.—The term ‘‘eligi-
ble entity’’ means a public or private, nonprofit 
or nongovernmental entity the primary purpose 
of which is to provide treatment services to per-
petrators of domestic violence, family violence, 
sexual assault, or stalking. 
(B) BATTERERS
PROGRAM.—The term 
‘‘batterers program’’ means a program ap-
proved or certified by a State that is operated 
by a public or not-for-profit organization for the 
purpose of providing battering prevention and 
educational services and the goal of which is to 
help perpetrators end abusive behaviors. 
(b) TERMS
OF CONTRACT.—A contract awarded 
under this section shall provide that the entity awarded 
the contract— 
(1) may provide for collaboration with existing 
services in the civilian community for the provision 
of appropriate treatment services; 
(2) when appropriate treatment services are not 
available in the civilian community or are not acces-
sible, may provide such services on military installa-
tions; 
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