Military Domestic and Sexual Violence Response Act

Bill: 111-hr-840
Sponsor: Rep. Slaughter, Louise McIntosh [D-NY-28]
Introduced: 2009-02-03 in the House
Policy area: Armed Forces and National Security
Subjects: Assault and harassment offenses
Civil actions and liability
Crime prevention
Crime victims
Crimes against children
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Department of Defense
Department of Veterans Affairs
Domestic violence and child abuse
Emergency medical services and trauma care
Employment discrimination and employee rights
Executive agency funding and structure
Government employee pay, benefits, personnel management
Government studies and investigations
Health care coverage and access
Health personnel
Homelessness and emergency shelter
Jurisdiction and venue
Lawyers and legal services
Medical education
Mental health
Military law
Military medicine
Military personnel and dependents
Military procurement, research, weapons development
Sex offenses
Veterans' medical care
Violent crime

Summary:
action_date: 2009-02-03
text: 
Military Domestic and Sexual Violence Response Act - Establishes in the Department of Defense (DOD) an Office of the Victims' Advocate to facilitate access to services for victims of domestic or family violence, sexual assault, and stalking in the military. Directs the Secretary of Defense, acting through the Director of the Office, to require DOD policies for victim assistance, family advocacy, and equal opportunity programs to provide for a victims' advocates program within each military department.
 
Authorizes the Secretary to award contracts to: (1) support DOD crisis intervention services for victims of such violence; and (2) provide training on prevention of such violence.
 
Prohibits any person from restricting a member of the Armed Forces in communicating with the Office or from taking or withholding a personnel action in retaliation for making such a communication.
 
Provides for: (1) employment of a sexual assault nurse examiner, a psychiatrist, and a complimentary clinical team at each DOD military treatment facility; and (2) DOD community level programs and shelter services for active duty members and their families who are victims of such violence shelter .
 
Specifies the rights of victims of such violence reported to a military law enforcement agency.
 
Directs a military commanding officer who receives a qualifying complaint alleging such violence to investigate it and report.
 
Specifies circumstances under which military law enforcement officers shall arrest a person for committing domestic violence.
 
Establishes a Director of Special Investigations in DOD to review investigations of allegations of such violence and refer cases for prosecution.

Amends the Uniform Code of Military Justice to: (1) include as &quot;aggravated assault&quot; and specify penalty limits for an assault involving domestic or family violence; and (2) provide for court-martial punishment of violations of no contact or protective orders.
 
Authorizes the Secretary to: (1) contract for treatment services for members of the Armed Forces who have committed such violence; and (2) ensure that sex offender treatment providers in the contracted program meet the state licensing or certification standards.
 
Requires the Secretary of Veterans Affairs to: (1) ensure that Department of Veterans Affairs (VA) primary care providers receive training in the screening and referral of veterans who have suffered military sexual trauma; and (2) conduct related pilot programs.
 
Prohibits the Secretary of the military department concerned from approving a financial award or a promotion for an officer or employee who has been convicted of or disciplined for committing such violence.
 
Directs the Secretary to study: (1) the prevalence and nature of such violence, of intimate partner violence, and of child maltreatment, abuse, suicide, and homicide in the Armed Forces; and (2) military procedures after an incident is reported.


Legislative actions:
action_date: 2009-03-16
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2009-02-24
text: Referred to the Subcommittee on Military Personnel.
action_date: 2009-02-06
text: Referred to the Subcommittee on Health.
action_date: 2009-02-03
text: Referred to House Veterans' Affairs
action_date: 2009-02-03
text: Referred to House Judiciary
action_date: 2009-02-03
text: Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-02-03
text: Referred to House Armed Services
action_date: 2009-02-03
text: Sponsor introductory remarks on measure. (CR E186)
action_date: 2009-02-03
text: Introduced in House
action_date: 2009-02-03
text: Introduced in House