I 
111TH CONGRESS 
2D SESSION 
H. R. 5197 
To implement recommendations of the Defense Task Force on Sexual Assault 
in the Military Services. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2010 
Ms. TSONGAS (for herself, Mr. TURNER, Ms. SHEA-PORTER, Mrs. MCMORRIS 
RODGERS, Ms. GIFFORDS, Ms. DELAURO, Ms. HARMAN, Mr. WALZ, Mr. 
MCGOVERN, Mrs. CAPPS, and Mr. CLEAVER) introduced the following 
bill; which was referred to the Committee on Armed Services 
A BILL 
To implement recommendations of the Defense Task Force 
on Sexual Assault in the Military Services. 
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 ‘‘Defense Sexual Trau-
ma Response Oversight and Good Governance Act’’ (the 
‘‘Defense STRONG Act’’). 
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SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE OF-
FICE. 
(a) APPOINTMENT OF DIRECTOR; DUTIES.—Chapter 
3 of title 10, United States Code, is amended by inserting 
after section 136a the following new section: 
‘‘§ 136b. Director of Sexual Assault Prevention and 
Response Office 
‘‘(a) APPOINTMENT.—There is a Director of the Sex-
ual Assault Prevention and Response Office who shall be 
a general or flag officer or an employee of the Department 
of Defense in a comparable Senior Executive Service posi-
tion. 
‘‘(b) DUTIES.—The Director of the Sexual Assault 
Prevention and Response Office serves as the Depart-
ment’s single point of authority, accountability, and over-
sight for Department policy regarding prevention and re-
sponse to sexual assault and provides oversight to ensure 
that the sexual assault programs of the military depart-
ments comply with Department policy. 
‘‘(c) STANDARDIZATION.—The Secretary of Defense 
shall require the use of consistent sexual assault preven-
tion and response terminology, position descriptions, min-
imum program standards, and organizational structures 
throughout the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
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after the item relating to section 136a the following new 
item: 
‘‘136b. Director of Sexual Assault Prevention and Response Office.’’. 
SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND 
SEXUAL ASSAULT VICTIM ADVOCATES. 
(a) ASSIGNMENT
AND TRAINING.—Chapter 80 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1568. Sexual assault prevention and response: Sex-
ual Assault Response Coordinators and 
Victim Advocates 
‘‘(a) ASSIGNMENT OF COORDINATORS.—(1) At least 
one full-time Sexual Assault Response Coordinator shall 
be assigned at the brigade or equivalent or higher unit 
level. The Secretary concerned may assign additional Sex-
ual Assault Response Coordinators as necessary based on 
the demographics or needs of the unit. Any additional Sex-
ual Assault Response Coordinator for a unit shall also 
serve on a full-time basis. 
‘‘(2) To ensure access to members of the Armed 
Forces in response to a report of a sexual assault involving 
a member, only members of the Armed Forces and civilian 
employees of the Department of Defense may be assigned 
to duty as a Sexual Assault Response Coordinator. Con-
tractor employees may not serve as a Sexual Assault Re-
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sponse Coordinator, except on a temporary, emergency 
basis. 
‘‘(b) ASSIGNMENT OF VICTIM ADVOCATES.—(1) At 
least one full-time Sexual Assault Victim Advocate shall 
be assigned to each battalion or equivalent unit. The Sec-
retary concerned may assign additional Victim Advocates 
as necessary based on the demographics or needs of the 
unit. The additional Victim Advocates may serve on a full- 
time or part-time basis at the discretion of the Secretary. 
‘‘(2) Only members of the armed forces and civilian 
employees of the Department of Defense may be assigned 
to duty as a Victim Advocate. Contractor employees may 
not serve as a Victim Advocate, except on a temporary, 
emergency basis. 
‘‘(c) TRAINING AND CERTIFICATION.—(1) The Sec-
retary of Defense shall establish a professional and uni-
form training and certification program for Sexual Assault 
Response Coordinators and Victim Advocates. In devel-
oping the program, the Secretary of Defense shall work 
with the National Organization for Victim Advocates. The 
program shall be structured and administered in a manner 
similar to the professional training available for Equal Op-
portunity Advisors through the Defense Equal Oppor-
tunity Management Institute. 
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‘‘(2) Effective beginning one year after the date of 
the enactment of this section, before a member or civilian 
employee may be assigned to duty as a Sexual Assault 
Response Coordinator, the member or employee must have 
completed the training program required by paragraph (1) 
and obtained the certification. 
‘‘(3) A member or civilian employee assigned to duty 
as a Victim Advocate may obtain certification under the 
training program required by paragraph (1). At a min-
imum, the Sexual Assault Response Coordinator to whom 
a Victim Advocate reports shall train the Victim Advocate 
using the same training materials used to train the Sexual 
Assault Response Coordinator under the program. 
‘‘(d) PERFORMANCE
EVALUATIONS.—Performance 
evaluation reports pertaining to a member of the Armed 
Forces assigned to serve as a Sexual Assault Response Co-
ordinator or Victim Advocate shall comment on the per-
formance of the member in the position.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1568. Sexual assault prevention and response: Sexual Assault Response Coordi-
nators and Victim Advocates.’’. 
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SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL 
COUNSEL AND VICTIM ADVOCATE SERVICES. 
(a) ACCESS.—Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1044d the fol-
lowing new section: 
‘‘§ 1044e. Access to legal assistance and Victim Advo-
cate services for victims of sexual assault 
‘‘(a) ACCESS.—A member of the Armed Forces or a 
dependent of a member of the Armed Forces who is the 
victim of a sexual assault is entitled to legal assistance 
provided by a military legal assistance counsel and Victim 
Advocate services, regardless of whether the member or 
dependent elects unrestricted or restricted (confidential) 
reporting of the sexual assault. 
‘‘(b) RESTRICTED REPORTING OPTION.—(1) A mem-
ber or dependent referred to in subsection (a) may con-
fidentially disclose the details of the assault to an indi-
vidual specified in paragraph (2) and receive medical 
treatment, legal assistance, or counseling, without trig-
gering an official investigation of the allegations. 
‘‘(2) Individuals covered by paragraph (1) are the fol-
lowing: 
‘‘(A) Military legal assistance counsel. 
‘‘(B) Sexual Assault Response Coordinator. 
‘‘(C) Victim Advocate. 
‘‘(D) Healthcare personnel. 
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‘‘(E) Chaplain. 
‘‘(c) PRIVILEGED COMMUNICATIONS.—(1) Commu-
nications between a member or dependent referred to in 
subsection (a) and a Victim Advocate, and records of such 
communications created by or for the Department of De-
fense, are confidential and privileged. Such communica-
tions and records may not be disclosed to any person or 
entity without the consent of the member or dependent 
involved. 
‘‘(2) No part of any communication or record referred 
to in paragraph (1) may be subject to discovery or admit-
ted into evidence in any judicial or administrative pro-
ceeding without the consent of the member or dependent 
involved. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sexual assault’ means any of the 
offenses covered by section 920 of this title (article 
120). 
‘‘(2) The term ‘military legal assistance counsel’ 
means— 
‘‘(A) a judge advocate (as defined in sec-
tion 801(13) of this title); or 
‘‘(B) a civilian attorney serving as a legal 
assistance officer under the provisions of sec-
tion 1044 of this title.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1044d the following new 
item: 
‘‘1044e. Access to legal assistance and Victim Advocate services for victims of 
sexual assault.’’. 
(c) CONFORMING AMENDMENT REGARDING PROVI-
SION
OF LEGAL COUNSEL.—Section 1044(d)(3)(B) of 
such title is amended by striking ‘‘sections 1044a, 1044b, 
1044c, and 1044d’’ and inserting ‘‘sections 1044a through 
1044e’’. 
SEC. 5. INCLUSION OF SEXUAL ASSAULT PREVENTION AND 
RESPONSE 
TRAINING 
MODULE 
AT 
EACH 
LEVEL OF PROFESSIONAL MILITARY EDU-
CATION. 
The Secretary of Defense shall provide for the inclu-
sion of a sexual assault prevention and response training 
module at each level of professional military education. 
The training shall be tailored to the new responsibilities 
and leadership requirements of members of the Armed 
Forces as they are promoted. 
Æ 
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