127 
(b) ACTION PLAN FOR DEPLOYED UNITS.—The Sec-
retary shall develop a plan to enhance accessibility and 
availability of supplies, trained personnel, and transpor-
tation resources in response to sexual assaults occurring 
in deployed units. 
(c) REPORTS.—(1) The Secretary shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report as to the supply inventory, lo-
cation, accessibility, and availability of supplies, trained 
personnel, and transportation resources, and the strategic 
plan developed under subsection (b) to enhance the same 
in response to sexual assault in deployed units, within 45 
days of the enactment of this Act. 
(2) The Secretary shall submit to those committees 
a report on implementation of that strategic plan within 
90 days of the enactment of this Act. 
SEC. 706. EMERGENCY MEDICAL LEAVE. 
Section 709 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(3), by inserting before the 
period at the end the following: ‘‘except that in a 
case of sexual assault, domestic violence, family vio-
lence, or stalking, the period of such an emergency 
leave of absence may exceed 14 days but may not 
extend for a period of more than 30 days’’; and
128 
(2) in subsection (c)(1)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph (B): 
‘‘(B) sexual assault, domestic violence, 
family violence, or stalking; or’’. 
SEC. 707. REPORTS. 
The Secretary of Defense shall submit to Congress 
a report setting forth the results of such review not later 
than 90 days after the date of the enactment of this Act. 
The Secretary shall submit every 18 months thereafter a 
report that describes— 
(1) the extent to which military personnel and 
family members were served; 
(2) the adequacy of staff training and services 
to ensure that needs of Armed Forces members and 
family members, including transportation and loca-
tion; and 
(3) the existence of continuing barriers to more 
fully addressing the needs of members of the Armed 
Forces and their family members.
129 
SEC. 708. 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. 
SEC. 709. PRIVACY SAFEGUARDS. 
(a) IN GENERAL.—In order to ensure the safety of 
victims of domestic violence, family violence, sexual assault 
or stalking and their families, the health care provider 
shall protect the confidentiality and privacy of persons re-
ceiving services. The health care provider may not disclose 
any personally identifying information or individual infor-
mation collected in connection with services requested, 
used, or denied through its programs. The health care pro-
vider shall not reveal individual client information without 
the informed, written, reasonably time-limited consent of 
the person (or in the case of an unemancipated minor, 
the minor and the parent or guardian) about whom infor-
mation is sought, whether for the victim service provider
130 
or any other Armed Forces, Veterans, Tribal, Federal, 
State, or Territorial program. If release of such informa-
tion is compelled by statutory or court mandate, the health 
care provider shall make reasonable attempts to provide 
notice to victims affected by the disclosure of information. 
If such personally identifying information is or will be re-
vealed, the health care provider shall take steps necessary 
to protect the privacy and safety of the persons affected 
by the release of the information. The health care provider 
may share nonpersonally identifying data in the aggregate 
regarding services to their clients and nonpersonally iden-
tifying demographic information in order to comply with 
Armed Forces, Veterans, Tribal, Federal, State, or Terri-
torial reporting, evaluation, or data collection require-
ments. The health care provider may share court-gen-
erated information contained in secure, governmental reg-
istries. 
(b) PERSONALLY IDENTIFYING INFORMATION.—In 
this section, the term ‘‘personally identifying information’’ 
has the meaning given that term in section 1815(c) of title 
10, United States Code, as added by section 101.
131 
TITLE VIII—MILITARY-CIVILIAN 
SHELTER PROGRAMS 
SEC. 801. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR SHELTER PROGRAMS AND 
SERVICES. 
(a) AWARDS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Office of the Vic-
tims’ Advocate, may award contracts to eligible enti-
ties to enable the design, replication, and implemen-
tation of shelter services for servicemembers, family 
members, or partners who experience domestic vio-
lence, family violence, sexual assault, or stalking. 
(2) ELIGIBLE ENTITIES.—In this section, the 
term ‘‘eligible entity’’ means a public or private, 
nonprofit, or nongovernmental program the primary 
purpose of which is to provide shelter services to vic-
tims of domestic violence, family violence, sexual as-
sault, or stalking. The entity may be— 
(A) a community-based organization spe-
cializing in intervention or violence prevention 
services for military servicemembers, family 
members, or partners; 
(B) a nonprofit nongovernmental entity 
providing services primarily to servicemembers,
132 
family members, or partners who are victims of 
domestic violence, family violence, sexual as-
sault, or stalking; 
(C) a nonprofit, nongovernmental entity 
providing services for veterans; 
(D) a nonprofit, nongovernmental entity 
providing services to homeless individuals; or 
(E) a governmental program serving 
servicemembers and family members. 
(b) USES OF FUNDS.—An entity awarded a contract 
under subsection (a) shall— 
(1) whenever possible, collaborate with existing 
shelter services in the civilian community to provide 
appropriate victim services; 
(2) provide, when appropriate shelter services 
are not available in the civilian community or are 
not accessible to Armed Forces personnel, family 
members, or partners, services on installations or 
create services in collaboration with a community- 
based organization; 
(3) develop and implement policies in the mili-
tary departments regarding identification and refer-
ral procedures and safe response for Armed Forces 
personnel, family members, and partners who are ex-
periencing domestic violence, family violence, sexual
133 
assault or stalking, including procedures for han-
dling the requirements of protective orders (military 
or civilian) that ensure the safety of the victim and 
hold the perpetrator accountable; 
(4) provide aid, including legal, medical, or psy-
chological counseling, to Armed Forces members, 
family members, or partners, who are experiencing 
domestic violence, family violence, sexual assault, or 
stalking; 
(5) assist with the improvement of delivery of 
victim services for the military departments; 
(6) design or replicate, and implement, pro-
grams and services using domestic violence, family 
violence, sexual assault and stalking intervention 
models to respond to the needs of Armed Forces 
members, family members or partners who are vic-
tims of domestic violence, family violence, sexual as-
sault, or stalking; 
(7) provide the necessary human resources to 
respond to the needs of Armed Forces members, 
family members, or partners who are experiencing 
domestic violence, family violence, sexual assault, or 
stalking, such as a resource person or liaison who is 
either on-site or on-call, and who possesses dem-
134 
onstrated experience as a service provider to victims 
associated with the Armed Forces; 
(8) provide direct counseling and advocacy for 
Armed Forces members, family members, or part-
ners who have experienced domestic violence, family 
violence, sexual assault, or stalking; 
(9) include linguistically and culturally appro-
priate services or linkages to existing services in the 
community tailored to the needs of the military com-
munity; 
(10) include counseling and mental health serv-
ices; 
(11) include legal advocacy efforts on behalf of 
servicemembers, family members, or partners with 
respect to domestic violence, family violence, sexual 
assault, rape, or stalking; and 
(12) use not use more than 25 percent of the 
funding to provide additional services and resources 
for servicemembers, family members, and partners, 
including childcare, transportation, education sup-
port, and respite care. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires to receive a contract under this section shall 
submit to the Secretary an application at such time,
135 
in such manner, and containing such information as 
the Secretary may require, consistent with the re-
quirements of this section. 
(2) CONTENTS.—An application submitted pur-
suant to paragraph (1) shall include— 
(A) an outline and description of the serv-
ices to be provide to ensure the health and safe-
ty of victims of domestic violence, sexual as-
sault, family violence, and stalking; 
(B) identification of the members of the 
organization who will be responsible for car-
rying out services; 
(C) assurances that communities or agen-
cies affected by collaboration and service pro-
viders are adequately represented in the devel-
opment of the application, and follow on activi-
ties to be undertaken, and that they have a sig-
nificant role in evaluating the success of the 
project; 
(D) documentation of any services or advo-
cacy between military entities, domestic vio-
lence, sexual assault, family violence, or stalk-
ing service providers, courts, law enforcement 
agencies, community-based programs, and other 
entities;
136 
(E) assurances that services and activities 
will be provided to all types of staff, will ad-
dress appropriate practices for prevention, 
intervention, response, safety, follow-up, screen-
ing, intake, assessment, and provision of serv-
ices addressing the safety needs of victims of 
domestic violence, family violence, sexual as-
sault or stalking; 
(F) a description of how the services and 
activities will enhance or ensure the safety and 
security of personnel, families and partners 
where domestic violence, family violence, sexual 
assault or stalking occurs by providing appro-
priate resources, protection, and support to vic-
tims; 
(G) an outline of methods and means par-
ticipating entities will use to ensure that all 
services are provided in a linguistically and cul-
turally competent manner and will use commu-
nity-based supports and resources; and 
(H) an outline of the protocols, policies, 
and procedures participating entities will de-
velop and adopt to ensure the confidentiality of 
victims.
137 
(3) COLLABORATIVE PARTNERSHIPS..—The eli-
gible entity or service provider shall establish a part-
nership that— 
(A) provides appropriate referrals to com-
munity-based domestic violence programs or 
sexual assault victim service providers with the 
capacity to— 
(i) support servicemembers, family 
members, and partners who are victims of 
domestic violence, sexual assault, family vi-
olence, or stalking; and 
(ii) provide legal assistance and advo-
cacy for victims of domestic violence, fam-
ily violence, sexual assault or stalking, in-
cluding, where appropriate, assistance in 
obtaining and entering orders of protec-
tion; 
(B) provides support and training to assist 
military entities in supporting servicemembers, 
family members, or partners dealing with prob-
lems related to domestic violence, sexual as-
sault, family violence, or stalking; 
(C) will identify, assess, and respond ap-
propriately to domestic violence, family violence,
138 
sexual 
assault, 
or 
stalking 
against 
servicemembers, family members, or partners; 
(D) provides appropriate resources in fam-
ily court matters to respond to domestic vio-
lence, family violence, sexual assault, or stalk-
ing; 
(E) assures that necessary services dealing 
with physical and mental health of victims are 
available; and 
(F) the military installation commander 
must submit proof of collaboration with any ex-
isting nonprofit nongovernmental service pro-
vider for victims of domestic violence, family vi-
olence, sexual assault, or stalking located in the 
region. 
(d) CONTRACTING
CONSIDERATIONS.—The Sec-
retary, in awarding contracts under this section, shall— 
(1) ensure that such contracts are awarded on 
a competitive basis; 
(2) ensure, to the extent practicable, an equi-
table geographic distribution among the regions of 
the United States and among urban, suburban and 
rural areas; and
139 
(3) give preference to applicants with strong 
ties to minority communities and those that dem-
onstrate high levels of cultural competence. 
(e) 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. 
(f) AMOUNT.—A contract awarded under this section 
shall be in an amount of not less than $5,000 per year 
and not more than $300,000 per year. 
(g) CONFIDENTIALITY.— 
(1) NONDISCLOSURE OF CONFIDENTIAL INFOR-
MATION OR PRIVATE INFORMATION.—In order to en-
sure the safety of victims of domestic violence, sex-
ual assault or stalking and their families, the victim 
services provider under a contract under this section 
shall protect the confidentiality and privacy of per-
sons receiving services. The victim services provider 
may not disclose any personally identifying informa-
tion or individual information collected in connection 
with services requested, used, or denied through its 
programs. The victim services provider shall not re-
veal individual client information without the in-
formed, written, reasonably time-limited consent of 
the person (or in the case of an unemancipated 
minor, the minor and the parent or guardian) about
140 
whom information is sought, whether for the victim 
service provider or any other Armed Forces, Tribal, 
Federal, State, or Territorial program. If release of 
such information is compelled by statutory or court 
mandate, the victim services provider shall make 
reasonable attempts to provide notice to victims af-
fected by the disclosure of information. If such per-
sonally identifying information is or will be revealed, 
the victim services provider shall take steps nec-
essary to protect the privacy and safety of the per-
sons affected by the release of the information. The 
victim services provider may share nonpersonally 
identifying data in the aggregate regarding services 
to their clients and nonpersonally identifying demo-
graphic information in order to comply with Armed 
Forces, Tribal, Federal, State, or Territorial report-
ing, evaluation, or data collection requirements. The 
victim services provider may share court-generated 
information contained in secure, governmental reg-
istries for protection order enforcement purposes. 
(2) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—In this section, the term ‘‘personally identi-
fying information’’ has the meaning given that term 
in section 1815(c) of title 10, United States Code, 
as added by section 101.
141 
(h) NONSUPPLANTATION.—Any Federal funds re-
ceived under this section shall be used to supplement, and 
not to supplant, non-Federal funds that would otherwise 
be available for activities funded under this section. 
(i) MATCHING FUNDS.—Nonprofit, nongovernmental 
victim services programs receiving funds under this sec-
tion shall not be required to provide matching funds as 
a condition of receiving an award. 
(j) REPORTS.—An entity receiving an award under 
this section shall submit to the Secretary every 18 months 
a report that describes, at a minimum— 
(1) how the funds under the award were used; 
(2) the extent to which military personnel, fam-
ilies, and partners were served; 
(3) the adequacy of staff training and services 
to ensure that needs of servicemembers, family 
members, and partners, including transportation and 
location; and 
(4) the existence of any continuing barriers the 
entity faces to more fully addressing the needs of 
servicemembers, family members, and partners. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, $5,000,000 to carry out this section.
142 
(l) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for each fiscal year, 
the Secretary— 
(1) may not use more than 5 percent for ad-
ministration, monitoring, and evaluation of contracts 
made available under this section; and 
(2) shall use not less than 5 percent to provide 
technical assistance for programs funded under this 
section. 
TITLE 
IX—ENHANCEMENT 
OF 
ARMED 
FORCES 
DOMESTIC 
SECURITY ACT 
SEC. 901. AMENDMENTS TO SERVICEMEMBERS CIVIL RE-
LIEF ACT. 
The Servicemembers Civil Relief Act (50 U.S.C. App. 
501 et seq.) is amended— 
(1) in section 101(4) (50 U.S.C. App. 
511(4))— 
(A) in the heading, by striking ‘‘DEPEND-
ENT’’ and inserting ‘‘FAMILY MEMBER’’; and 
(B) by striking ‘‘dependent’’ and inserting 
‘‘family member’’; and 
(2) in section 202(b)(1) (50 U.S.C. App. 
522(b)(1)), by inserting ‘‘, except in the case of an
143 
order of protection or restraining order,’’ after ‘‘pro-
ceeding’’. 
TITLE X—CRIMES RELATED TO 
SEXUAL ASSAULT AND DO-
MESTIC VIOLENCE 
Subtitle A—Federal Criminal Code 
SEC. 1001. ASSIMILATIVE CRIMES. 
Section 13 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘(d) That which may or shall be imposed through ju-
dicial or administrative action under the law of a State, 
territory, possession, or district for conduct that con-
stitutes a sexual assault, sexual abuse, sexual battery, 
rape, stalking, domestic violence, or family violence offense 
of the jurisdiction shall be considered to be punishment 
provided by the jurisdiction.’’. 
SEC. 1002. 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 abuse, 
sexual battery, rape, domestic violence, stalking, or family 
violence offense’’ after ‘‘year’’.
144 
(b) DEFINITIONS.—Section 3267 of such title is 
amended by adding at the end the following new para-
graphs: 
‘‘(5) The term ‘domestic violence’ has the 
meaning given such term in section 2007(1) of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg–2(1)). 
‘‘(6) The term ‘sexual assault’ has the meaning 
given such term in section 2007(6) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg–2(6)). 
‘‘(7) The term ‘sexual misconduct’ includes— 
‘‘(A) sexual harassment, entailing any con-
duct involving sexual harassment that— 
‘‘(i) in the case of conduct of a person 
who is subject to the provisions of chapter 
47 of title 10 (the Uniform Code of Mili-
tary Justice), comprises a violation of— 
‘‘(I) a provision of subchapter X 
of such chapter (relating to punitive 
articles of such Code); or 
‘‘(II) an applicable regulation, di-
rective, or guideline regarding sexual 
harassment that is prescribed by the
145 
Secretary of Defense or the Secretary 
of a military department; and 
‘‘(ii) in the case of an employee of the 
Department of Defense or a family mem-
ber subject to the jurisdiction of the Sec-
retary of Defense or of the Secretary of a 
military department, comprises a violation 
of a regulation, directive, or guideline that 
is applicable to such employee or family 
member; 
‘‘(B) sexual abuse; 
‘‘(C) sexual assault; 
‘‘(D) sexual battery; and 
‘‘(E) rape. 
‘‘(8) STALKING.—The term ‘stalking’ means 
engaging in a course of conduct as proscribed in 
chapter 110A directed at a specific person that 
would cause a reasonable person to fear death, sex-
ual assault, or bodily injury to himself or herself or 
a member of his or her immediate family, when— 
‘‘(A) the person engaging in such conduct 
has knowledge or should have knowledge that 
the specific person will be placed in reasonable 
fear of death, sexual assault, or bodily injury to
146 
himself or herself or a member of his or her im-
mediate family; and 
‘‘(B) the conduct induces fear in the spe-
cific person of death, sexual assault, or bodily 
injury to himself or herself or a member of his 
or her immediate family.’’. 
SEC. 1003. TECHNICAL AMENDMENTS. 
(a) INTERSTATE
DOMESTIC
VIOLENCE.—Section 
2261(a) of title 18, United States Code, is amended in 
each of paragraphs (1) and (2) by inserting after ‘‘foreign 
commerce’’ the following: ‘‘or in the special maritime and 
territorial jurisdiction of the United States’’. 
(b) PROTECTIVE ORDERS.—Section 2262(a) of such 
title is amended in each of paragraphs (1) and (2) by in-
serting after ‘‘foreign commerce’’ the following: ‘‘or in the 
special maritime and territorial jurisdiction of the United 
States’’. 
(c) FULL FAITH AND CREDIT FOR PROTECTIVE OR-
DERS.—Section 2265(a) of such title is amended by in-
serting after ‘‘the court of another State or Indian tribe’’ 
the following: ‘‘or of a jurisdiction in the special maritime 
and territorial jurisdiction of the United States’’.
147 
SEC. 1004. TRAVEL AND TRANSPORTATION. 
Section 406(h) of title 37, United States Code, is 
amended by striking ‘‘only if a written agreement of the 
member,’’. 
Subtitle B—Uniform Code of 
Military Justice 
SEC. 1011. MILITARY SEXUAL ASSAULT. 
(a) SEXUAL ASSAULT.—Section 920 of title 10, 
United States Code (article 120 of the Uniform Code of 
Military Justice), is amended to read as follows: 
‘‘§ 920. Art. 120. Sexual assault 
‘‘(a) Any person subject to this chapter who know-
ingly causes another person to engage in a sexual act— 
‘‘(1) by displaying, threatening to use, or using 
a dangerous weapon, or any object fashioned or uti-
lized in such a manner as to lead a victim under the 
circumstances to reasonably believe the object to be 
a dangerous weapon; 
‘‘(2) by force or threat of force against that 
other person; 
‘‘(3) by threatening or placing that other per-
son in fear that any person will be subjected to 
death, grievous bodily harm, or kidnapping; 
‘‘(4) by rendering that other person uncon-
scious and thereby engaging in a sexual act with 
that other person;
148 
‘‘(5)(A) by administering to that other person 
by injection, inhalation, ingestion, transfusion, pos-
session or any other means, without his or her 
knowledge or by threat or deception, a drug, intoxi-
cant, or other similar substance; or 
‘‘(B) with the knowledge that another person so 
administered such drug, intoxicant, or other similar 
substance; 
‘‘(6) during the course of or commission of or 
attempted commission of any other criminal act; 
‘‘(7) if the sexual act is nonconsensual and the 
other person has attained the age of 60 years; 
‘‘(8) if the sexual act is nonconsensual and the 
other person is a physically or mentally challenged 
person; 
‘‘(9) if the sexual act is nonconsensual and the 
accused is joined or assisted by another person 
(other than the accused or the other person) in the 
sexual act or in physically restraining, assaulting, or 
sexually assaulting the other person; 
‘‘(10) if the sexual act is nonconsensual and the 
other person is also caused by any person to engage 
in another nonconsensual sexual act as part of the 
same occurrence; or
149 
‘‘(11) if the sexual act is nonconsensual and the 
accused has previously been convicted of another of-
fense (whether under this chapter or under any 
other Federal or State law) that would constitute 
sexual assault or aggravated sexual assault; 
is guilty of aggravated sexual assault and shall be pun-
ished as a court-martial may direct. 
‘‘(b) Any person subject to this chapter who know-
ingly— 
‘‘(1) causes another person to engage in a sex-
ual act by threatening or placing that other person 
in fear (other than by threatening or placing that 
other person in fear that any person will be sub-
jected to death, grievous bodily harm, or kidnap-
ping); 
‘‘(2) engages in a sexual act with another per-
son without the consent, knowledge, or permission of 
that other person; or 
‘‘(3) engages in a sexual act with another per-
son if that other person is— 
‘‘(A) incapable of consent; 
‘‘(B) incapable of appraising the nature of 
the conduct; or
150 
‘‘(C) physically incapable of declining par-
ticipation in, or communicating unwillingness to 
engage in, that sexual act; 
is guilty of sexual assault and shall be punished as a court- 
martial may direct. 
‘‘(c)(1) Any person subject to this chapter who know-
ingly engages in a sexual act with another person who— 
‘‘(A) has attained the age of twelve years but 
has not attained the age of sixteen years; or 
‘‘(B) is under the custodial, supervisory, or dis-
ciplinary authority of the person so engaging; 
is guilty of sexual assault of a minor and shall be punished 
as a court-martial may direct. 
‘‘(2) In a prosecution under this subsection, it need 
not be proven that the accused knew the age of the other 
person engaging in the sexual act. 
‘‘(3) In a prosecution under this subsection, it is a 
defense, that must be established by a preponderance of 
the evidence, that the accused reasonably believed that the 
other person had attained the age of sixteen years. 
‘‘(4) In a prosecution under this section, it is a de-
fense, which the accused must establish by a preponder-
ance of the evidence, that the persons engaging in the sex-
ual act were at that time married to each other. The fact 
that the accuser and the other person engaging in the sex-
151 
ual act were at any other time married to each other is 
not a defense. 
‘‘(d) Any person subject to this chapter who know-
ingly engages in a sexual act with another person who is— 
‘‘(1) in official detention or confinement; or 
‘‘(2) under the custodial, supervisory, or dis-
ciplinary authority of the person so engaging; 
is guilty of sexual assault of a prisoner and shall be pun-
ished as a court-martial may direct. 
‘‘(e) In this section, the term ‘sexual act’ means— 
‘‘(1) contact between the penis and the vulva or 
the penis and the anus, and for purposes of this sub-
paragraph contact involving the penis, however 
slight; 
‘‘(2) contact between the mouth and the penis, 
the mouth and the vulva, or the mouth and the 
anus; 
‘‘(3) penetration, however slight, of the anal or 
genital opening of another by a hand or finger or by 
any object, with an intent to abuse, humiliate, har-
ass, degrade, or arouse or gratify the sexual desire 
of any person; 
‘‘(4) the intentional touching of the external 
genitalia, perineum, anus, or pubes of another per-
son or the breast of a female person with an intent
152 
to abuse, humiliate, harass, degrade, or arouse or 
gratify the sexual desire of any person; or 
‘‘(5) the intentional touching of the clothing 
covering the immediate area of another person’s 
genitalia, perineum, anus, or pubes of another per-
son or the breast of a female person with an intent 
to abuse, humiliate, harass, degrade, or arouse or 
gratify the sexual desire of any person.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (4) of 
section 918 of title 10, United States Code (article 118 
of the Uniform Code of Military Justice), is amended by 
striking ‘‘rape,’’ and inserting ‘‘aggravated sexual assault, 
sexual assault of a minor,’’. 
(c) CLERICAL AMENDMENT.—The item relating to 
section 920 (article 120) in the table of sections at the 
beginning of subchapter X of chapter 47 of title 10, 
United States Code, is amended to read as follows: 
‘‘920. 120. Sexual assault.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
(e) 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 section 920 of
153 
such title (article 920 of the Uniform Code of Military 
Justice) may not exceed the following limits: 
(1) For aggravated sexual assault, such punish-
ment may not exceed dishonorable discharge, for-
feiture of pay and allowances, and confinement for 
life without eligibility for parole. 
(2) For sexual assault of a minor, such punish-
ment may not exceed dishonorable discharge, for-
feiture of all pay and allowances, and confinement 
for 30 years. 
(3) For sexual assault, such punishment may 
not exceed dishonorable discharge, forfeiture of all 
pay and allowances, and confinement for 20 years. 
(4) For sexual assault of a prisoner, such pun-
ishment may not exceed bad-conduct discharge, for-
feiture of all pay and allowances, and confinement 
for 15 years. 
(f) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under section 920 of 
title 10, United States Code (article 120 of the Uniform 
Code of Military Justice), does not preclude the prosecu-
tion or punishment of that accused for any other offense. 
SEC. 1012. STALKING. 
(a) STALKING.—Subchapter X of chapter 47 of title 
10, United States Code, is amended by inserting after sec-
154 
tion 928 (article 128 of the Uniform Code of Military Jus-
tice) the following: 
‘‘§ 928a. Art. 128a. Stalking 
‘‘(a) Any person subject to this chapter who know-
ingly— 
‘‘(1) travels with the intent to kill, injure, har-
ass, or intimidate another person, and in the course 
of, or as a result of, such travel places that other 
person in reasonable fear of the death of, or serious 
bodily injury to, that other person, a member of the 
immediate family of that other person, or the spouse 
or intimate partner of that other person; or 
‘‘(2) with the intent to kill or injure a person 
or to place a person in reasonable fear of the death 
of, or serious bodily injury to, that other person, a 
member of the immediate family of that other per-
son, or a spouse or intimate partner of that other 
person, uses mail, telephone or cellular telephone, 
electronic communication, or any facility of inter-
state or foreign commerce to engage in a course of 
conduct that places that person in reasonable fear of 
such a death or serious bodily injury, 
is guilty of stalking and shall be punished as a court-mar-
tial may direct.’’.
155 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter X of chapter 47 of title 
10, United States Code, is amended by inserting after the 
item relating to section 928 (article 128 of the Uniform 
Code of Military Justice) the following new item: 
‘‘928a. 128a. Stalking.’’. 
(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 section 928a of 
such title (article 128a of the Uniform Code of Military 
Justice) may not exceed the following limits: 
(1) For a stalking if the death of the victim re-
sults, such punishment may not exceed dishonorable 
discharge, forfeiture of pay and allowances, and con-
finement for life without eligibility for parole. 
(2) For a stalking if permanent disfigurement 
or life threatening bodily injury to the victim results, 
such punishment may be twice that as provided in-
cluding dishonorable discharge, forfeiture of pay and 
allowances, and confinement for 30 years.
156 
(3) For a stalking if serious bodily injury to the 
victim results or if the accused uses a dangerous 
weapon, such punishment may not exceed dishonor-
able discharge, forfeiture of all pay and allowances 
and confinement for 20 years. 
(4) For a stalking that involves an assault in-
volving domestic violence or family violence under 
section 928 of title 10, United States Code (article 
128 of the Uniform Code of Military Justice), such 
punishment may not exceed dishonorable discharge, 
forfeiture of all pay and allowances and confinement 
for 10 years. 
(e) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under section 928a of 
title 10, United States Code (article 128 of the Uniform 
Code of Military Justice), does not preclude the prosecu-
tion or punishment of that accused for any other offense. 
SEC. 1013. 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
157 
(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; 
‘‘(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—
158 
‘‘(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.’’. 
(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:
159 
(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-
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. 
(e) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under subsection (b)(3) 
of section 928 of title 10, United States Code (article 128 
of the Uniform Code of Military Justice), does not pre-
160 
clude the prosecution or punishment of that accused for 
any other offense. 
SEC. 1014. 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— 
‘‘(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
161 
‘‘(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. 
(c) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under subsection (a)(4) 
of section 892 of title 10, United States Code (article 92 
of the Uniform Code of Military Justice), does not pre-
clude the prosecution or punishment of that accused for 
any other offense. 
TITLE XI—VICTIM’S RIGHTS AND 
RESTITUTION 
SEC. 1101. MILITARY LAW ENFORCEMENT AND VICTIMS’ 
RIGHTS. 
(a) IN GENERAL.—As soon after an allegation of a 
domestic violence, sexual assault, family violence, or stalk-
ing offense as possible without interfering with an inves-
tigation or arrest, a representative of the military law en-
forcement agency that has responsibility 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;
162 
(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)), to be treated with fair-
ness, respect and dignity and to be free of in-
timidation, harassment, or abuse during the ju-
dicial process. 
(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 procedures and resources available 
for the protection of the victim, including mili-
tary no contact orders or civilian protection or-
ders, Armed Forces Domestic Security Act as 
defined by Public Law 107–311, and 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
163 
compensation programs, and programs that 
provide counseling, treatment, shelter and sup-
port services. 
(E) The police report number, if available, 
other identifying information, and the following 
statement: ‘‘If within 30 days you are not noti-
fied 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 
of the arrest of the suspect. 
(G) If the suspect is an adult and has been 
arrested, the victim will be informed of the sus-
pect’s release, of the scheduled time, place, and 
date for initial appearances and of the victim’s 
right to be heard, and to exercise these rights, 
the victim may contact the custodial agency re-
garding the suspect’s status or contact the com-
mand regarding any changes. 
(b) EFFECT OF EMOTIONAL STATUS OF VICTIM.— 
If at the time of contact with a military law enforcement 
agency the victim is emotionally unable to request or waive
164 
applicable rights, the military law enforcement agency 
shall designate this on the multicopy form and the entities 
that are subsequently affected shall presume that the vic-
tim invoked the applicable rights to which the victim is 
entitled, and, on request, the victim may later waive those 
rights. 
SEC. 1102. INCIDENT REPORTS. 
(a) IN GENERAL.—Military law enforcement agencies 
shall provide, without charging a fee, a copy of all incident 
report face sheets, reports, or both, to a victim of domestic 
violence, sexual assault, family violence, or stalking, or to 
the victim’s representative if the victim is deceased. 
(b) TIME FOR AVAILABILITY OF FACE SHEETS.—A 
copy of an incident report face sheet shall be made avail-
able during regular business hours to a victim or the vic-
tim’s representative no later than 48 hours after being re-
quested by the victim or the victim’s representative, unless 
the military law enforcement agency informs the victim 
or representative of the reasons why, for good cause, the 
face sheet is not available, in which case the face sheet 
shall be made available to the victim or representative no 
later than five working days after the request is made. 
(c) TIME
FOR AVAILABILITY
OF INCIDENT RE-
PORTS.—A copy of the incident report shall be made avail-
able during regular business hours to a victim or the vic-
165 
tim’s representative no later than five working days after 
being requested by a victim or representative, unless the 
military law enforcement agency informs the victim or rep-
resentative of the reasons why, for good cause, the inci-
dent report is not available, in which case the incident re-
port shall be made available to the victim or representative 
no later than 10 working days after the request is made. 
(d) IDENTIFICATION.—A person requesting copies 
under this section shall present military law enforcement 
with the person’s identification, such as a current, valid 
military identification card, driver’s license, State-issued 
identification card, or passport and, if the person is the 
victim’s representative, a certified copy of the death cer-
tificate or other satisfactory evidence of the death of the 
victim, at the time a request is made. An incident report 
may not be provided to a victim’s representative unless 
the representative presents such identification. 
(e) TIME DURATION.—This section applies to re-
quests for face sheets or reports made within five years 
from the date of completion of the incident report. 
(f) VICTIM’S REPRESENTATIVE DEFINED.— 
(1) For purposes of this section, the term ‘‘vic-
tim’s representative’’ means any of the following: 
(A) The surviving spouse.
166 
(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 criminal statutes or the Uniform 
Code of Military Justice, or any person identified in 
the incident report as a suspect. 
SEC. 1103. VICTIM ADVOCATES AND VICTIMS’ RIGHTS. 
(a) IN GENERAL.—Any victim making an allegation 
of sexual assault, domestic violence, family violence, or 
stalking may have a victim advocate, victim support liai-
son, victim counselor, or victim witness liaison present at 
any interview with the victim. 
(b) SUPPORT DURING PROCEEDINGS.—In all mili-
tary justice proceedings, a victim advocate or victim sup-
port liaison, victim counselor, or victim witness liaison, 
upon the request of the victim, shall be allowed to accom-
pany the victim during the proceedings to provide moral 
and emotional support. The victim advocate, victim coun-
selor, victim support liaison, or victim witness liaison shall 
be allowed to confer orally and in writing with the victim
167 
in a reasonable manner. However, the victim advocate 
shall not provide legal advice or legal counsel to the victim. 
SEC. 1104. RESTITUTION. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1561a 
the following new section: 
‘‘§ 1561b. Restitution 
‘‘(a) In addition to any other civil, disciplinary, or 
criminal penalty authorized by law, the convening author-
ity shall order restitution for any offense specified in sec-
tion 920, 892(4), or 1561a of this title. 
‘‘(b) SCOPE AND NATURE OF ORDER.— 
‘‘(1) DIRECTIONS.—The order of restitution 
under this section shall direct the servicemember to 
pay the victim the full amount of the victim’s losses 
as determined by the convening authority pursuant 
to paragraph (2). 
‘‘(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.
168 
‘‘(2) The convening authority may not decline 
to issue an order under this section because of— 
‘‘(A) the economic circumstances of the ac-
cused; 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; 
‘‘(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.
169 
‘‘(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 1561a the following new 
section: 
‘‘1561b. Restitution.’’. 
SEC. 1105. RECORDS OF MILITARY JUSTICE ACTIONS . 
(a) 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 (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
170 
copy of records of any disciplinary action taken against 
the member during that period under this chapter, includ-
ing any nonjudicial punishment imposed under section 815 
of this title (article 15).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter IX of chapter 47 of title 
10, United States Code, 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. 1106. 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 
(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
172 
domestic violence, sexual assault, or stalking. The 
entity may be— 
(A) a community-based organization spe-
cializing in intervention or violence prevention 
services for servicemembers, family members, or 
partners; 
(B) a nonprofit nongovernmental entity 
providing services primarily to servicemembers, 
family members, or partners who are victims of 
domestic violence, sexual assault, or stalking; 
(C) a nonprofit nongovernmental entity 
providing services for veterans; or 
(D) a nonprofit nongovernmental entity 
providing services to homeless individuals. 
(b) USES OF FUNDS.—An entity awarded a contract 
pursuant to subsection (a) shall— 
(1) whenever possible, collaborate with existing 
services in the civilian community to provide appro-
priate victim services; 
(2) provide, when appropriate victim services 
are not available in the civilian community or are 
not accessible to servicemembers, family members or 
partners, services on installations or create services 
in collaboration with a community based organiza-
tion;
173 
(3) develop and implement policies in the mili-
tary departments regarding appropriate, safe re-
sponse to, and identification and referral procedures 
for, servicemembers, family members or partners 
who are experiencing domestic violence, family vio-
lence, sexual assault or stalking, including proce-
dures for handling the requirements of arrest poli-
cies, criminal investigation procedures, and court 
protective orders that ensure the safety of the victim 
and hold the perpetrator accountable; 
(4) aid servicemembers, family members, or 
partners, including legal, medical, or psychological 
counseling, who are experiencing domestic violence, 
sexual assault, family violence, or stalking; 
(5) assist with the improvement of delivery of 
victim services for the military departments; 
(6) design or replicate, and implement, pro-
grams and services using domestic violence, family 
violence, sexual assault, and stalking intervention 
models to respond to the needs of servicemembers, 
family members, or partners who are victims of do-
mestic violence, sexual assault, family violence, or 
stalking; 
(7) provide the necessary human resources to 
respond to the needs of servicemembers, family
174 
members, or partners who are experiencing domestic 
violence, sexual assault, family violence, or stalking, 
such as a resource person or liaison who is either 
on-site or on-call and who possesses demonstrated 
experience as a service provider to victims; 
(8) provide direct counseling and advocacy for 
servicemembers, family members, or partners who 
have experienced domestic violence, sexual assault, 
family violence, or stalking; 
(9) include linguistically and culturally appro-
priate services or linkages to existing services in the 
community tailored to the needs of the military com-
munity; 
(10) include counseling and mental health serv-
ices; 
(11) include legal advocacy efforts on behalf of 
servicemembers, family members, or partners with 
respect to domestic violence, sexual assault, family 
violence, or stalking; and 
(12) not use more than 25 percent of the fund-
ing to provide additional services and resources for 
servicemembers, family members, and partners in-
cluding childcare, transportation, education support, 
and respite care. 
(c) APPLICATION.—
175 
(1) IN GENERAL.—Each eligible entity that de-
sires to receive a contract under this section shall 
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 specified in this section. 
(2) 
CONTENTS.—An 
application 
submitted 
under paragraph (1) shall— 
(A) include an outline and description of 
the activities to be undertaken to intervene and 
collaborate; 
(B) identify the members of the organiza-
tion who will be responsible for carrying out 
services; 
(C) ensure that communities or agencies 
affected by collaboration and service providers 
are adequately represented in the development 
of the application, and follow on activities to be 
undertaken, and that they have a significant 
role in evaluating the success of the project; 
(D) include documentation of any services 
or advocacy between military entities, domestic 
violence, family violence, sexual assault or stalk-
ing service providers, courts, law enforcement
176 
agencies, community-based programs and other 
entities; 
(E) provide assurances that services and 
activities will be provided to all types of staff, 
will address appropriate practices for investiga-
tion, follow-up, screening, intake, assessment, 
and provision of services addressing the safety 
needs of victims of domestic violence, sexual as-
sault, family violence, or stalking; 
(F) describe how the collaboration activi-
ties will enhance or ensure the safety and secu-
rity of servicemembers, families and partners 
where domestic violence, family violence, sexual 
assault, or stalking occurs by providing appro-
priate resources, protection, and support to vic-
tims; 
(G) outline methods and means partici-
pating entities will use to ensure that all serv-
ices are provided in a linguistically and cul-
turally competent manner and will use commu-
nity-based supports and resources; and 
(H) outline the protocols, policies, and pro-
cedures participating entities will develop and 
adopt to ensure the confidentiality of victims.
177 
(3) COLLABORATIVE PARTNERSHIPS.—The eli-
gible entity or service provider shall establish a part-
nership that— 
(A) provides appropriate referrals to com-
munity based domestic violence programs or 
sexual assault victim service providers with the 
capacity to support servicemembers, family 
members and partners who are victims of do-
mestic violence, sexual assault, family violence 
or stalking; provides legal assistance and advo-
cacy for victims of domestic violence, sexual as-
sault, family violence or stalking including, 
where appropriate, assistance in obtaining and 
entering orders of protection; 
(B) supports and training to assist mili-
tary entities in supporting servicemembers, 
family members or partners dealing with prob-
lems related to domestic violence, sexual as-
sault, family violence or stalking; 
(C) identifies, assesses and responds ap-
propriately to domestic violence, sexual assault, 
family 
violence, 
or 
stalking 
against 
servicemembers, family members, or partners; 
(D) provides appropriate resources in fam-
ily court matters to respond to domestic vio-
178 
lence, sexual assault, family violence or stalk-
ing; and 
(E) assures that necessary services dealing 
with physical and mental health of victims are 
available. 
The military installation commander must submit 
proof of collaboration with any existing nonprofit 
nongovernmental service provider for victims of do-
mestic violence, sexual assault, or stalking located in 
the region. 
(d) CONSIDERATIONS.—The Secretary, in awarding 
contracts under this section, shall— 
(1) ensure that such contracts are awarded on 
a competitive basis; 
(2) ensure, to the extent practicable, an equi-
table geographic distribution among the regions of 
the United States and among urban, suburban, and 
rural areas; and 
(3) give preference to applicants with strong 
ties to minority communities and those that dem-
onstrate high levels of cultural competence. 
(e) DURATION
OF AWARDS.—A contract awarded 
under this section shall be for a period of three fiscal 
years. Such a contract may be renewed.
179 
(f) AMOUNT.—Each award under this section shall 
be in an amount of not less than $5,000 per year and 
not more than $300,000 per year. 
(g) CONFIDENTIALITY.— 
(1) NONDISCLOSURE OF CONFIDENTIAL INFOR-
MATION OR PRIVATE INFORMATION.—In order to en-
sure the safety of victims of domestic violence, sex-
ual assault, or stalking and their families, a victim 
services provider under a contract under this section 
shall protect the confidentiality and privacy of per-
sons receiving services. The victim services provider 
may not disclose any personally identifying informa-
tion or individual information collected in connection 
with services requested, used, or denied through its 
programs. The victim services provider may not re-
veal individual client information without the in-
formed, written, reasonably time-limited consent of 
the person (or in the case of an unemancipated 
minor, the minor and the parent or guardian) about 
whom information is sought, whether for the victim 
service provider or any other Armed Forces, Tribal, 
Federal, State, or Territorial program. If release of 
such information is compelled by statutory or court 
mandate, the victim services provider shall make 
reasonable attempts to provide notice to victims af-
180 
fected by the disclosure of information. If such per-
sonally identifying information is or will be revealed, 
the victim services provider shall take steps nec-
essary to protect the privacy and safety of the per-
sons affected by the release of the information. The 
victim services provider may share non-personally 
identifying data in the aggregate regarding services 
to their clients and non-personally identifying demo-
graphic information in order to comply with Armed 
Forces, Tribal, Federal, State or Territorial report-
ing, evaluation, or data collection requirements. The 
victim services provider may share court-generated 
information contained in secure, governmental reg-
istries for protection order enforcement purposes. 
(2) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—In this section, the term ‘‘personally identi-
fying information’’ has the meaning given that term 
in section 1815(c) of title 10, United States Code, 
as added by section 101. 
(h) NONSUPPLANTATION.—Any Federal funds re-
ceived under this section shall be used to supplement, and 
not to supplant, non-Federal funds that would otherwise 
be available for activities funded under this section.
181 
(i) REPORTS.—An entity receiving an award under 
this section shall submit to the Secretary every 18 months 
a report that describes, at a minimum— 
(1) how the funds under the award were used; 
(2) the extent to which servicemembers, fami-
lies, and partners were served; 
(3) the adequacy of staff training and services 
to ensure that needs of servicemembers, family 
members, and partners, including transportation, 
and location; and 
(4) the existence of continuing barriers the enti-
ty faces to more fully addressing the needs of 
servicemembers, family members, and partners. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, the amount of $25,000,000 to carry out this sec-
tion. 
(k) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for any fiscal year, 
the Secretary— 
(1) may not use more than 5 percent for ad-
ministration, monitoring, and evaluation of contracts 
made available under this section; and
182 
(2) shall use not less than 5 percent to provide 
technical assistance for programs funded under this 
section. 
TITLE 
XII—COUNSELING 
AND 
TREATMENT PROGRAMS OF 
DEPARTMENT OF VETERANS 
AFFAIRS 
SEC. 1201. PERMANENT AUTHORITY FOR COUNSELING AND 
TREATMENT 
OF 
VETERANS 
FOR 
SEXUAL 
TRAUMA. 
Section 1720D of title 38, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘During 
the period through December 31, 2004, the 
Secretary’’ and inserting ‘‘The Secretary’’; and 
(B) in paragraph (2), by striking ‘‘, during 
the period through December 31, 2004’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘estab-
lishment and’’; and 
(B) in paragraph (2), by striking ‘‘estab-
lishing a program’’ and inserting ‘‘operating a 
program.’’.
183 
SEC. 1202. AUTHORITY TO OPERATE ADDITIONAL DEPART-
MENT OF VETERANS AFFAIRS CENTERS FOR 
MENTAL ILLNESS RESEARCH, EDUCATION, 
AND CLINICAL ACTIVITIES. 
Section 7320(b)(3) of title 38, United States Code, 
is amended by striking ‘‘five centers’’ and inserting ‘‘15 
centers’’. 
SEC. 1203. IMPROVEMENT OF PROGRAM FOR PROVISION 
OF SPECIALIZED MENTAL HEALTH SERVICES 
TO VETERANS. 
(a) INCREASE IN FUNDING.—Subsection (c) of sec-
tion 116 of the Veterans Millennium Health Care and 
Benefits Act (38 U.S.C. 1712A note) is amended— 
(1) 
in 
paragraph 
(1), 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$30,000,000 in each 
of fiscal years 2005, 2006, and 2007’’; 
(2) 
in 
paragraph 
(2), 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$30,000,000’’; and 
(3) in paragraph (3)— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) For purposes of this paragraph, in fiscal 
years 2005, 2006, and 2007, the fiscal year used to 
determine the baseline amount shall be fiscal year 
2003.’’.
184 
(b) ALLOCATION OF FUNDS.—Subsection (d) of such 
section is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) In each of fiscal years 2005, 2006, and 2007, 
the Secretary’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) In allocating funds to facilities in a fiscal year 
under paragraph (1), the Secretary shall ensure that— 
‘‘(A) not less than $10,000,000 is allocated by 
direct grants to programs that are identified by the 
Mental Health Strategic Health Care Group and the 
Committee on Care of Severely Chronically Mentally 
Ill Veterans; 
‘‘(B) not less than $5,000,000 is allocated for 
programs on post-traumatic stress disorder; 
‘‘(C) not less than $5,000,000 is allocated for 
programs on substance abuse disorder; and 
‘‘(D) not less than $5,000,000 is allocated for 
programs to address military sexual trauma experi-
enced by Reservists and National Guard members 
formerly called to active duty. 
‘‘(3) The Secretary shall provide that the funds to 
be allocated under this section during each of fiscal years 
2005, 2006, and 2007 are funds for a special purpose pro-
185 
gram for which funds are not allocated through the Vet-
erans Equitable Resource Allocation system.’’. 
SEC. 1204. ENHANCEMENT OF READJUSTMENT COUN-
SELING SERVICES FOR RESERVE COMPO-
NENT MEMBERS. 
(a) ELIGIBILITY.—Section 1720D of title 38, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by inserting ‘‘or reservists or guard 
members formerly called to active duty’’ after 
‘‘veterans’’; and 
(B) by inserting ‘‘or reservist or guard 
member formerly called to active duty’’ after 
‘‘veteran’’; 
(2) in subsection (b)(1), by inserting ‘‘or reserv-
ists or guard members formerly called to active 
duty’’ after ‘‘veteran’’; and 
(3) in subsection (c)— 
(A) by inserting ‘‘or reservists or guard 
members formerly called to active duty’’ after 
‘‘veterans’’; and 
(B) in paragraph (3), by inserting ‘‘or re-
servists or guard members’’ after ‘‘service’’. 
(b) PERIOD OF ELIGIBILITY.—Subsection (a) of such 
section is amended by adding at the end the following new
186 
section: ‘‘To be eligible to receive counseling under this 
subsection, a reservist or guard member must seek such 
counseling from the Secretary within five years after the 
date of discharge or release from active military, naval, 
or air service.’’. 
TITLE XIII—ENHANCEMENT OF 
TREATMENT SERVICES FOR 
PERPETRATORS 
SEC. 1301. ENHANCED CAPACITY OF THE DEPARTMENT OF 
DEFENSE FOR TREATMENT SERVICES FOR 
OFFENDERS. 
(a) AWARDS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Undersecretary of Defense for 
Personnel and Readiness, may contract with eligible 
entities to enable the design, replication, and imple-
mentation of treatment services for members of the 
Armed Forces who perpetrate domestic violence, sex-
ual assault, or stalking. 
(2) DEFINITIONS.—In this section: 
(A) ELIGIBLE ENTITIES.—The term ‘‘eligi-
ble entity’’ means a public or private, nonprofit 
or nongovernmental program the primary pur-
pose of which is to provide treatment services to
187 
perpetrators of domestic violence, sexual as-
sault, or stalking. The entity may be— 
(i) a community-based organization 
specializing in treatment and prevention 
services for military servicemembers or 
family members; 
(ii) a nonprofit nongovernmental enti-
ty providing services primarily to perpetra-
tors of domestic violence, sexual assault, 
family violence, or stalking; or 
(iii) a nonprofit nongovernmental enti-
ty providing treatment services for vet-
erans. 
(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 the goal of which is to help 
clients end abusive behaviors. Components of 
such a program shall include— 
(i) an educational instruction and 
group discussion model to provide informa-
tion about domestic violence, the illegality 
of domestic violence, and the responsibility
188 
for and alternative choices to abusive be-
havior; 
(ii) a long-term group that helps end 
the violent behavior of its participants; and 
(iii) formal linkages to the local crimi-
nal justice systems and to area domestic 
violence services. 
(C) CLIENT.—The term ‘‘client’’ means a 
person who is referred to a batterers program 
by the Family Advocacy Program, by a criminal 
court of the jurisdiction, or by a State, local, or 
private organization or a person who is self-re-
ferred, and who is accepted by the batterer pro-
gram. 
(b) USES OF FUNDS.—An entity awarded a contract 
pursuant to subsection (a) shall— 
(1) whenever possible, collaborate with existing 
services in the civilian community to provide appro-
priate treatment services; 
(2) when appropriate treatment services are not 
available in the civilian community or are not acces-
sible to servicemembers or family members, provide 
services on installations or create services in collabo-
ration with a community-based organization;
189 
(3) develop and implement policies in the mili-
tary departments regarding appropriate identifica-
tion and referral procedures for servicemembers or 
family members who are perpetrating domestic vio-
lence, sexual assault, family violence, or stalking, in-
cluding procedures for handling the requirements of 
arrest policies, criminal investigation procedures, 
and court protective orders that ensure the safety of 
the victim and hold the perpetrator accountable; 
(4) aid servicemembers or family members, in-
cluding legal, medical, or psychological counseling, 
who are perpetrating domestic violence, sexual as-
sault, family violence, or stalking; 
(5) assist with the improvement of delivery of 
treatment services for the military departments; 
(6) design or replicate, and implement, pro-
grams and services using domestic violence, sexual 
assault, family violence, and stalking intervention 
models to respond to the needs of servicemembers or 
family members who are perpetrators of domestic vi-
olence, sexual assault, or stalking; 
(7) provide the necessary human resources to 
respond to the needs of servicemembers or family 
members who are perpetrating family violence, do-
mestic violence, sexual assault, or stalking, such as
190 
a resource person or liaison who is either on-site or 
on-call and who possesses demonstrated experience 
as a service provider to perpetrators; 
(8) provide direct counseling and advocacy for 
servicemembers or family members who have per-
petrated domestic violence, sexual assault, family vi-
olence, or stalking; 
(9) include linguistically and culturally appro-
priate services or linkages to existing services in the 
community tailored to the needs of the military com-
munity; and 
(10) include counseling and mental health serv-
ices. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires to receive a contract under this section shall 
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 specified in this section. 
(2) 
CONTENTS.—An 
application 
submitted 
under paragraph (1) shall include— 
(A) the population to be served; 
(B) the program objectives;
191 
(C) the implementation plan for prevention 
and educational programs provided, including 
the educational instruction, group model, and 
the long-term group; 
(D) the reporting procedures designed to 
advise the referring agency of the client’s at-
tendance and participation in the program; 
(E) the annual budget of the program, in-
cluding information relative to any already es-
tablished programs and an assurance that fund-
ing under this section will not serve to sub-
stitute for any other funding ordinarily and 
customarily received by such organization in the 
provision of the programs; 
(F) the formal and established or proposed 
linkages to area domestic violence programs 
and to the local criminal justice system of the 
judiciary, probation, and police departments 
and the county or state attorney; 
(G) the existing community education com-
ponents of the program; 
(H) any other services proposed to be pro-
vided; and 
(I) any other information considered nec-
essary by the Secretary.
192 
(3) 
CONSIDERATIONS.—The 
Secretary, 
in 
awarding contracts under this section, shall— 
(A) ensure that such contracts are award-
ed on a competitive basis; 
(B) ensure, to the extent practicable, an 
equitable geographic distribution among the re-
gions of the United States and among urban, 
suburban, and rural areas; 
(C) give preference to applicants with 
strong ties to minority communities and those 
that demonstrate high levels of cultural com-
petence; 
(D) ensure that planning, cooperation, and 
coordination with an existing domestic violence 
program, criminal justice system, and appro-
priate officials and services; 
(E) ensure that the program will not pro-
vide couple counseling or mediation; and 
(F) ensure that the batterers program 
shall have policies regarding— 
(i) referrals for those for whom a 
batterers program is not appropriate; 
(ii) suicide and homicide threats by 
clients; and
193 
(iii) confidentiality, in accordance with 
standards prescribed by the Secretary. 
(d) TREATMENT STANDARDS.—The treatment pro-
gram must meet the following minimum standards: 
(1) All treatment must be based upon a full, 
complete clinical intake, including— 
(A) current and past violence history; 
(B) a lethality risk assessment; 
(C) a complete diagnostic evaluation; 
(D) a substance abuse assessment; 
(E) criminal history; 
(F) assessment of cultural issues, learning 
disabilities, literacy, and special needs; and 
(G) a treatment plan that adequately and 
appropriately addresses treatment needs of the 
individual. 
(2) To facilitate communication necessary for 
periodic safety checks and monitoring, the program 
must require the perpetrator to sign the following 
releases: 
(A) A release for the program to inform 
the victim and victims’ advocate that the perpe-
trator is in treatment with the plan to provide 
information, for safety purposes, to the victim
194 
and victims’ advocate, community, and legal ad-
vocates. 
(B) A release to prior and current treat-
ment agencies to provide information on the 
perpetrator to the program. 
(C) A release for the program to provide 
information on the perpetrator to relevant legal 
entities, including lawyers, courts, parole, pro-
bation, protective services, and child welfare 
services. 
(D) A release for the program to provide 
information on the perpetrator to relevant mili-
tary entities, including command, Family Advo-
cacy Program, victim advocate, judge advocate, 
law enforcement, and criminal investigators. 
(3) Treatment must be for a minimum treat-
ment period established by the Secretary by regula-
tion. 
(4) Satisfactory completion of treatment must 
be contingent upon the perpetrator meeting specific 
criteria, defined by the Secretary, not just upon the 
end of a certain period of time or attendance of the 
perpetrator at a certain number of sessions. 
(5) The program must have a policy and proce-
dures for dealing with recidivism.
195 
(6) The program must have a policy and proce-
dures for dealing with noncompliance. 
(7) All evaluation and treatment services must 
be provided by, and under the supervision of, quali-
fied personnel. 
(e) RULES AND REGULATIONS.—The Secretary may 
adopt rules and regulations to implement this section. 
(f) DURATION
OF AWARDS.—A contract awarded 
under this section shall be for a period of three fiscal 
years. Such a contract may be renewed. 
(g) AMOUNT.—Each award under this section shall 
be in an amount of not less than $5,000 per year and 
not more than $300,000 per year. 
(h) NONSUPPLANTATION.—Any Federal funds re-
ceived under this section shall be used to supplement, and 
not to supplant, non-Federal funds that would otherwise 
be available for activities funded under this section. 
(i) MATCHING FUNDS.—Nonprofit, nongovernmental 
treatment programs, receiving funds under this section 
shall not be required to provide matching funds as a condi-
tion of receiving an award. 
(j) REPORTS.—An entity receiving an award under 
this section shall submit to the Secretary every 18 months 
a report that describes, at a minimum— 
(1) how the funds under the award were used;
196 
(2) the extent to which military personnel or 
families were served; 
(3) the adequacy of staff training and services 
to ensure that needs of servicemembers or family 
members, including transportation, and location; 
(4) the existence of continuing barriers the enti-
ty faces to more fully addressing the needs of 
servicemembers or family members; 
(5) pertinent and appropriate factors con-
cerning clients including age, education, income, em-
ployment, marital status, number of children and 
their ages, any substance abuse, and personal his-
tory of family violence; 
(6) the total number of clients referred to the 
program, and the referral source; 
(7) total number of persons determined to be 
inappropriate for services and reasons therefor; 
(8) the number of clients enrolled in the pro-
gram, the number completing the program, the num-
ber failing to complete the program, and reasons 
therefor; 
(9) the number of classes or group meetings; 
and 
(10) such other factors as the Secretary con-
siders necessary and appropriate.
197 
(k) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, the amount of $10,000,000 to carry out this sec-
tion. 
(l) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for any fiscal year, 
the Secretary — 
(1) may not use more than 5 percent for ad-
ministration, monitoring, and evaluation of contracts 
made available under this section; and 
(2) shall use not less than 5 percent to provide 
technical assistance for programs funded under this 
section. 
TITLE 
XIV—PREVENTION 
AND 
INTERVENTION TRAINING IN 
THE 
DEPARTMENT 
OF 
DE-
FENSE 
SEC. 1401. PREVENTION AND INTERVENTION TRAINING 
AWARDS. 
(a) AWARDS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Office of the Vic-
tims’ Advocate, shall award contracts under this sec-
199 
are linguistically and culturally appropriate and are 
designed to meet any unique needs of the population 
by adapting and implementing existing curricula; 
(3) provide media center materials and edu-
cational materials to the population that address the 
needs and concerns of servicemembers, family mem-
bers, or partners who experience domestic violence, 
sexual assault, or stalking and the impact of the vio-
lence by identifying, adapting, and disseminating ap-
propriate existing materials; and 
(4) conduct evaluations to assess the impact of 
programs and policies assisted under this section in 
order to enhance the development of those programs. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires to receive a contract under this section shall 
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 described in this section. 
(2) CONTENT.—An application submitted pur-
suant to paragraph (1) shall— 
(A) outline and describe how training and 
other activities will be undertaken to promote 
prevention, intervention, and collaboration;
200 
(B) identify the members of the organiza-
tion who will be responsible for carrying out the 
training; 
(C) ensure that communities or agencies 
affected by the training are adequately rep-
resented in the development of the application, 
training, and follow on activities to be under-
taken and that they have a significant role in 
evaluating the success of the project; 
(D) include documentation of any history 
of training between military entities, domestic 
violence, sexual assault, or stalking service pro-
viders, courts, law enforcement agencies, com-
munity-based programs, and other entities; 
(E) provide assurances that training and 
other activities will be provided to all types of 
staff, will address appropriate practices for in-
vestigation, follow-up, screening, intake, assess-
ment, and provision of services addressing the 
safety needs of victims of domestic violence, 
sexual assault, family violence, or stalking; 
(F) describe how the training and activities 
will enhance or ensure the safety and security 
of servicemembers, families, and partners where 
both domestic violence and sexual assault oc-
201 
curs by providing appropriate resources, protec-
tion, and support to victims; 
(G) outline methods and means partici-
pating entities will use to ensure that all serv-
ices are provided in a linguistically and cul-
turally competent manner and will use commu-
nity-based supports and resources; and 
(H) outline the protocols, policies, and pro-
cedures participating entities will develop and 
adopt to ensure the confidentiality of victims. 
(d) CONSIDERATIONS.—The Secretary, in awarding 
contracts under this section, shall— 
(1) ensure that contracts are awarded on a 
competitive basis; 
(2) ensure, to the extent practicable, an equi-
table geographic distribution among the regions of 
the United States and among urban, suburban, and 
rural areas; and 
(3) give preference to applicants with strong 
ties to minority communities and those that dem-
onstrate high levels of cultural competence. 
(e) DURATION
OF AWARDS.—The Secretary shall 
make the awards under this section for a period of one 
year. The awards may be renewed.
202 
(f) AWARD AMOUNTS.—Each award under this sec-
tion shall be in an amount of not less than $2,500 per 
year and not more than $20,000 per year. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for fiscal years 2005 
through 2009 for Operation and Maintenance, Defense- 
Wide, the amount of $200,000 to carry out this section. 
(h) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for any fiscal year, 
the Secretary— 
(1) may not use more than 5 percent for ad-
ministration, monitoring, and evaluation of contracts 
made available under this section; and 
(2) shall use not less than 5 percent to provide 
technical assistance for programs funded under this 
section. 
(i) MATCHING FUNDS.—A nonprofit, nongovern-
mental victim services program receiving funds under this 
section shall not be required to provide matching funds 
as a condition of receiving grant awards. 
(j) REPORTS.—An entity receiving funds under this 
section shall submit to the Secretary a report that de-
scribes, at a minimum—
203 
(1) how the funds under the program were 
used, including the extent to which military per-
sonnel, family members, or partners were served; 
(2) the adequacy of staff training and services 
to ensure that the needs of servicemembers, family 
members, or partners, including transportation and 
location; and 
(3) the existence of continuing barriers the enti-
ty faces to more fully addressing the needs of 
servicemembers, family members, or partners. 
(k) AVAILABILITY.—Funds available under this sec-
tion shall remain available until expended. Of the amounts 
appropriated to carry out this section for any fiscal year, 
the Secretary— 
(1) may not use more than 3 percent for eval-
uation, monitoring, site visits, conferences, and other 
administrative costs associated with conducting ac-
tivities under this section; 
(2) shall use not less than 20 percent for pro-
grams addressing domestic violence and sexual as-
sault that are operated by, or in partnership with, 
civilian victim services; and 
(3) shall use not less than 10 percent for tech-
nical assistance and training to be provided by orga-
nizations having demonstrated expertise in devel-
204 
oping collaborative community and system responses 
to domestic violence, sexual assault, and stalking. 
Technical assistance and training under paragraph (3) 
may be offered to the elements of the Armed Forces, in-
stallations, or commands in the process of developing com-
munity responses, whether they are receiving funds under 
this section or not. 
TITLE XV—RESEARCH ON PREV-
ALENCE, 
NEEDS 
ASSESS-
MENT, 
SERVICES, 
AND 
AC-
COUNTABILITY 
SEC. 1501. RESEARCH ON SEXUAL ASSAULT IN THE ARMED 
FORCES. 
(a) IN GENERAL.—The Secretary of Defense, in con-
junction with the Bureau of Justice Statistics of the De-
partment of Justice, shall carry out a comprehensive 36- 
month research study that involves the collection and anal-
ysis of data on the prevalence and nature of sexual assault 
in the Armed Forces. The research study shall include the 
identification of the common characteristics of— 
(1) both victims and perpetrators of sexual as-
sault; and 
(2) the situations and environments in which 
sexual assault occurs.
205 
(b) CONSIDERATIONS.—In carrying out subsection 
(a), the Secretary shall consider— 
(1) a definition of sexual assault that encom-
passes behavior based patterns for the purposes of 
the research study; 
(2) how the Secretary should collect information 
about sexual assault; 
(3) how the Secretary should collect information 
beyond self-reports of sexual assault; 
(4) how the Secretary should adjust the data in 
order to account for differences between service 
branches, installations, deployed, training, and non-
deployed units, and individual respondents; and 
(5) the categorization of branches, installations, 
and units. 
(c) SOLICITATION OF VIEWS.—The Secretary shall 
solicit views from representatives of the following: 
(1) The National Institute of Justice. 
(2) The Office of Violence Against Women. 
(3) The Centers for Disease Control and Pre-
vention and Women’s Health Office. 
(4) The Army, the Navy, the Air Force, the 
Marine Corps, and the Coast Guard. 
(5) Retired military personnel. 
(6) Victim advocates.
206 
(7) Sex offender behavior specialists. 
(8) Researchers. 
(9) Other experts in the area of sexual assault. 
(d) SAMPLING TECHNIQUES.—The research study 
under this section shall be conducted with random sam-
ples, or other scientifically appropriate samples, of men 
and women who are actively serving in each of the Armed 
Forces. The selection shall include enough men and 
women so the data that are collected are representative 
of men and women in each branch and comparisons can 
be made across several broad subgroup categories, such 
as age, race, rank, and length of service in the Armed 
Forces. 
(e) SURVEYS.—In carrying out the research study 
under subsection (a), the Secretary shall, in addition to 
such other methods as the Secretary considers appro-
priate, use surveys of current or former military personnel 
from all services. In addition to the samples of military 
personnel, surveys shall be conducted with a probability- 
based comparison sample of men and women who are de-
mographically similar to the survey population. The data 
collected from the military and non-military samples shall 
be weighted to adjust for possible differences between the 
samples and the frames from which they were sampled
207 
and to compensate for any observed differential non-
response among sample members. 
(f) PROTECTION OF HUMAN SUBJECTS.—The Sec-
retary shall ensure the confidentiality of each survey par-
ticipant. The Secretary shall adopt protocols for the pro-
tection of human subjects in consultation with the Na-
tional Institute of Justice and the Centers for Disease 
Control and Prevention. 
(g) PARTICIPATION IN SURVEY.—All military instal-
lations that receive a request from the Secretary shall par-
ticipate in the survey and provide access to any military 
personnel serving on the installation. 
(h) DATA ANALYSIS AND REPORTING.—Once data 
have been collected and weighted, appropriate analyses 
shall be conducted in an effort to generate findings that 
will help policy makers understand the extent and nature 
of sexual assault within the Armed Forces, prevention 
strategies, and needs of the victims of sexual assault. The 
report shall include the following: 
(1) The incidence and prevalence of sexual as-
sault involving members of the Armed Forces. 
(2) A discussion of the legal, judicial, non-
judicial, and rehabilitative responses to sexual as-
sault and how those responses vary across the serv-
ices.
208 
(3) The extent to which such responses are ef-
fective at ensuring victim safety, requiring offender 
accountability, and imposing sanctions on the of-
fender. 
(4) A review of the availability, accessibility, 
and effectiveness at increasing victim safety within 
the existing prevention and intervention programs 
available to military personnel, families, and part-
ners. 
(5) Recommendations for a comprehensive De-
partment of Defense strategy to prevent and inter-
vene in cases of sexual assault, to include rec-
ommendations on improvements in administrative, 
criminal, health care, and social service responses to 
sexual assault and recommendations for the im-
provement of data collection, reporting, professional 
training, and judicial outcomes to sexual assault. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $4,000,000 to conduct 
the research study beginning in fiscal year 2005 and end-
ing in fiscal year 2008.
209 
SEC. 1502. RESEARCH ON INSTITUTIONAL PROCEDURES 
FOR REPORTING SEXUAL ASSAULTS IN THE 
ARMED FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense, in 
consultation with the Attorney General, shall provide for 
a study to examine procedures undertaken after a military 
official receives a report of sexual assault. 
(b) MATTERS
TO BE INCLUDED.—The study re-
quired by subsection (a) shall include an analysis of— 
(1) the existence and publication of the Armed 
Forces definition of sexual assault; 
(2) the existence and publication of the Armed 
Forces policy for sexual assaults; 
(3) the individuals to whom reports of sexual 
assault are given most often and— 
(A) how those individuals are trained to re-
spond to such reports; and 
(B) the extent to which those individuals 
are trained; 
(4) the reporting options that are articulated to 
the victim or victims of sexual assault regarding— 
(A) on base or post reporting and proce-
dure options; and 
(B) off base or post reporting and proce-
dure options;
210 
(5) the resources available for victims’ safety, 
support, medical health, and confidentiality, includ-
ing— 
(A) how well the resources are articulated, 
both specifically to the victim of sexual assault 
and generally to the military community at 
large; and 
(B) the security of the resources in terms 
of confidentiality or reputation; 
(6) policies and practices that may prevent or 
discourage the report of military sexual assaults to 
local crime authorities or that may otherwise ob-
struct justice or interfere with the prosecution of 
perpetrators of military sexual assaults; 
(7) policies and procedures found successful in 
aiding the report and any ensuing investigation or 
prosecution of a military sexual assault; 
(8) the on base or post procedures for inves-
tigating and disciplining the perpetrator of a sexual 
assault, including— 
(A) the format for collecting evidence; and 
(B) the format of the investigation and 
disciplinary proceeding, including the command 
or command representative responsible for run-
ning the disciplinary procedure and the persons