I 
109TH CONGRESS 
2D SESSION 
H. R. 5735 
To require the implementation of the Defense Incident-Based Reporting 
System. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mrs. MALONEY (for herself and Mr. VAN HOLLEN) introduced the following 
bill; which was referred to the Committee on Armed Services, and in ad-
dition to the Committee on the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To require the implementation of the Defense Incident-Based 
Reporting System. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) Subsection (c)(2) of the Uniform Federal 
Crime Reporting Act of 1988 (28 U.S.C. 534 note) 
provides that ‘‘all departments and agencies within 
the Federal government (including the Department 
of Defense) . . . shall report details about crime 
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within their respective jurisdiction to the Attorney 
General . . .’’. 
(2) The Department of Defense is required to 
collect crime data under the Victims’ Rights and 
Restitution Act of 1990 (Public Law 101–647, 104 
Stat 4820) and the Brady Handgun Violence Pre-
vention Act (Public Law 103–159, 107 Stat. 1536). 
(3) Department of Defense Directive 7730.47, 
dated October 15, 1996, establishes the guidelines 
for the Defense Incident-Based Reporting System 
(hereinafter in this section referred to as ‘‘DIBRS’’). 
(4) Department of Defense Manual 7730.47–M, 
dated July 25, 2003, establishes the procedures for 
DIBRS data submission. 
(5) When fully implemented, DIBRS will report 
to the National Incident-Based Reporting System, 
which collects data on certain reported crime inci-
dents and is maintained by the Department of Jus-
tice. 
(6) The Department of Defense indicated that 
the target deadline for full implementation of 
DIBRS was June 2005; however, DIBRS is now ex-
pected to be fully implemented by June 2007. 
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SEC. 2. DEFENSE INCIDENT-BASED REPORTING SYSTEM IM-
PLEMENTATION. 
(a) INCLUDING CERTAIN CRIMES AND INCIDENTS.— 
In implementing the DIBRS system, the Secretary of De-
fense (hereinafter in this section referred to as the ‘‘Sec-
retary’’) shall require submission and compilation of infor-
mation on any occurrence of rape, assault with the intent 
to rape, domestic violence, sexual harassment, kidnapping, 
murder, or arson involving a member of the Armed 
Forces. Nothing in this section shall limit the type of in-
formation required to be collected or reported under any 
other provision of law. 
(b) IMPLEMENTATION AND CERTIFICATION.— 
(1) IMPLEMENTATION.—The Secretary shall 
fully implement the DIBRS system before January 
1, 2007. 
(2) CERTIFICATION.—The Secretary shall cer-
tify in writing when the DIBRS system is fully im-
plemented. The Attorney General shall certify in 
writing when the DIBRS system starts reporting to 
the National Incident-Based Reporting System. The 
Secretary and the Attorney General shall each sub-
mit a certification under this paragraph to— 
(A) the Speaker of the House of Rep-
resentatives; 
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(B) the minority leader of the House of 
Representatives; 
(C) the majority leader of the Senate; 
(D) the minority leader of the Senate; 
(E) the Committee on Armed Services of 
the House of Representatives; and 
(F) the Committee on Armed Services of 
the Senate. 
(3) FAILURE TO CERTIFY.—The annual rate of 
basic pay for the Secretary for fiscal year 2007 shall 
be reduced by $1,000, but not below zero, for each 
day after December 31, 2006, that the Secretary or 
the Attorney General has not submitted the certifi-
cation specified in paragraph (2). 
(4) DIBRS.—In this section, the term ‘‘DIBRS 
system’’ means the system used by the Department 
of Defense to comply with subsection (a), the Uni-
form Federal Crime Reporting Act of 1988, the Vic-
tims’ Rights and Restitution Act of 1990, and the 
Brady Handgun Violence Prevention Act of 1994. 
Æ 
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