Summary: H.R.5212 — 109th Congress (2005-2006)All Information (Except Text)

There is one summary for H.R.5212. Bill summaries are authored by CRS.

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Introduced in House (04/26/2006)

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 to require DOD policies for victim assistance, family advocacy, and equal opportunity programs to provide within each military department a victims' advocates program. Requires the Secretary to establish an interdisciplinary council to coordinate and oversee such programs and related DOD efforts.

Authorizes the Secretary to award contracts to: (1) support DOD crisis intervention services for victims of such violence; and (2) provide training to DOD on prevention of such violence.

Requires the Secretary to convene a national biannual conference to review policies for prevention of and response to 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.

Establishes as privileged, in cases arising under the Uniform Code of Military Justice, confidential communications between a client and a victim service organization or a health care professional.

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: (1) the rights of victims of such violence reported to a military law enforcement agency, including regarding notification; and (2) restitution requirements.

Directs a military commanding officer who receives a qualifying complaint alleging such violence to investigate the matter, require a judge advocate's report, and report on the investigation's results.

Specifies: (1) circumstances under which military law enforcement officers shall arrest a person for committing domestic violence; (2) policies regarding arrest procedures and prosecution of such offenses; and (3) domestic violence incident report requirements.

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 "aggravated assault" 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 enter into contracts for treatment services for members of the Armed Forces who have committed such violence.

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 for services of veterans who have suffered military sexual trauma; and (2) conduct pilot programs on such screening and referral and on providing confidential treatment for such trauma.

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 conduct studies on: (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.