I 
108TH CONGRESS 
2D SESSION 
H. R. 5328
To provide additional funding to prevent sexual assaults in the military. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2004
Mrs. MALONEY (for herself, Mrs. TAUSCHER, Ms. WATSON, and Mr. TOWNS) 
introduced the following bill; which was referred to the Committee on 
Armed Services 
A BILL 
To provide additional funding to prevent sexual assaults in 
the military.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Sexual As-
saults in the Military Act of 2004’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) At least eighteen studies have been con-
ducted since 1988 regarding the instances of sexual 
assault and rape in the Armed Forces.
(2) A May 2003 survey of Air Force Academy 
cadets showed that 80.8 percent of females who said 
that they had been victims of sexual assault did not 
report the incident. 
(3) According to the April 2004 Department of 
Defense’s Task Force Report on Care for Victims of 
Sexual Assault, in 2002 and 2003, there were a 
total of 1913 alleged cases of sexual assault with 
uniformed service member victims reported. 
(4) The April 2004 Report states that 99 per-
cent of alleged service member offenders were male. 
(5) The April 2004 Report states that ‘‘existing 
policies and programs aimed at preventing sexual as-
sault are inconsistent and incomplete.’’. 
(6) The April 2004 Report states that ‘‘training 
and education designed to prevent sexual assault is 
limited and varies from location to location.’’. 
(7) The April 2004 Report states that many 
victims do not report their assaults for several rea-
sons, including fear that the chain of command will 
not believe them; embarrassment; fear of being stig-
matized; and fear of retaliation from the offender. 
(8) The April 2004 Report states that the ‘‘vic-
tim’s privacy needs must be positively assured.’’.
(9) The April 2004 Report states that ‘‘a sys-
tem to coordinate and track victim support services 
for effective case management does not exist at all 
installations.’’. 
(10) The April 2004 Report states that ‘‘there 
is a backlog of DNA evidence waiting for processing 
at the United States Army Criminal Investigation 
Laboratory (USACIL) and this can significantly 
delay investigations and prosecutions.’’. 
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) ELIMINATION OF DNA EVIDENCE BACKLOGS.—
There are authorized to be appropriated to the Secretary 
of Defense for each of fiscal years 2005, 2006, and 2007 
such funds as may be necessary to eliminate the backlog 
in processing of DNA evidence at any military DNA lab-
oratories, including the United States Army Criminal In-
vestigation Laboratory (USACIL). 
(b) TIMELY TESTING OF CRIME SCENE DNA SAM-
PLES.—There are authorized to be appropriated to the 
Secretary of Defense for each of fiscal years 2005, 2006, 
and 2007 such funds as may be necessary to ensure that 
DNA testing and analysis of samples from crimes, includ-
ing sexual assault and other serious violent crimes, are 
carried out in a timely manner.
(c) DISTRIBUTION OF DNA EVIDENCE KITS.—There 
are authorized to be appropriated to the Secretary of De-
fense for each of fiscal years 2005, 2006, and 2007 such 
funds as may be necessary to distribute a sufficient 
amount of DNA evidence kits to each military academy, 
domestic military base, overseas military base, and theater 
of operations. 
(d) ON-DUTY SANE OR SAFE PERSONNEL.—There 
are authorized to be appropriated to the Secretary of De-
fense for each of fiscal years 2005, 2006, and 2007 such 
funds as may be necessary to ensure that at least one mili-
tary medical personnel member, who is trained as a Sexual 
Assault Nurse Examiner (SANE) or Sexual Assault Fo-
rensic Examiner (SAFE), is on duty at all times in the 
health care facility at each military academy, domestic 
military base, overseas military base, and theater of oper-
ations, except in a case in which a memorandum of under-
standing between the military installation and a local civil-
ian hospital ensures that a nonmilitary person trained as 
a SANE or SAFE is on duty at all times.
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