Text: H.R.840 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (02/03/2009)


111th CONGRESS
1st Session
H. R. 840

To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims’ services, and strengthened provisions for prosecution of assailants, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
February 3, 2009

Ms. Slaughter (for herself, Mr. Brady of Pennsylvania, Mr. Braley of Iowa, Mrs. Capps, Mr. Costa, Mr. Cummings, Ms. Edwards of Maryland, Ms. DeLauro, Mr. Farr, Mr. Grijalva, Mr. Holt, Ms. Lee of California, Mrs. Maloney, Ms. Matsui, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. Michaud, Ms. Loretta Sanchez of California, Ms. Schakowsky, and Mr. Stark) introduced the following bill; which was 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


A BILL

To reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims’ services, and strengthened provisions for prosecution of assailants, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Military Domestic and Sexual Violence Response Act”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 101. Definitions relating to sexual assault, domestic violence, etc., in the military.

Sec. 111. Office of the Victims’ Advocate.

Sec. 112. Department of Defense Interdisciplinary Council.

Sec. 121. Awareness, prevention, and intervention campaign.

Sec. 131. Prevention and intervention training contracts.

Sec. 141. Sexual Assault and Domestic Violence Conference.

Sec. 151. Agreements with civilian organizations.

Sec. 201. Protection of communications between victims and advocates.

Sec. 202. Victim service organization privilege and health care professional privilege in cases arising under Uniform Code of Military Justice.

Sec. 211. Enhanced Department of Defense treatment capacity.

Sec. 212. Community level program.

Sec. 213. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking.

Sec. 221. Enhanced capacity of the Department of Defense for shelter programs and services.

Sec. 231. Military law enforcement and victims’ rights.

Sec. 232. Availability of incident reports.

Sec. 233. Victim advocates and victims’ rights.

Sec. 234. Restitution.

Sec. 235. Records of military justice actions.

Sec. 236. Travel and transportation of household effects or motor vehicle in response to dependent abuse.

Sec. 237. Technical amendments relating to fatality review panels.

Sec. 301. Complaints of sexual assault and domestic violence.

Sec. 302. Response of military law enforcement officials to domestic violence incidents.

Sec. 303. Investigation of sexual and domestic violence cases involving Department of Defense personnel.

Sec. 311. Assimilative crimes.

Sec. 312. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States.

Sec. 316. Domestic violence and family violence.

Sec. 317. Protective orders.

Sec. 321. Enhanced capacity of the Department of Defense for treatment services for perpetrators.

Sec. 322. Sex offender treatment program.

Sec. 401. Research on best practices to overcome stigma related to military sexual trauma.

Sec. 402. Training for Department of Veterans Affairs primary care providers.

Sec. 403. Pilot program on ways to identify veterans who are victims of military sexual trauma.

Sec. 404. Pilot program on treatment of active-duty military personnel through facilities of the Department of Veterans Affairs.

Sec. 501. Performance evaluations and benefits.

Sec. 502. Closure of article 32 investigations in cases of sexual assault or domestic violence.

Sec. 511. Amendments to Servicemembers Civil Relief Act.

Sec. 521. Research on sexual assault, domestic violence, and family violence in the Armed Forces.

Sec. 522. Research on institutional procedures for reporting sexual assault, domestic violence, and family violence in the Armed Forces.

Sec. 523. Research on dating violence associated with the Armed Forces.

Sec. 524. Research on child maltreatment, abuse, and homicide in the Armed Forces.

SEC. 101. Definitions relating to sexual assault, domestic violence, etc., in the military.

(a) In general.—Chapter 1 of title 10, United States Code, is amended by adding at the end the following new section:

§ 102. Definitions relating to sexual assault, domestic violence, etc.

“(a) Definitions relating to conduct.—The following definitions apply in this title:

“(1) DATING VIOLENCE.—The term ‘dating violence’ means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

“(2) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has the meaning given that term in section 40002(a)(6) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(6)).

“(3) FAMILY VIOLENCE.—The term ‘family violence’ has the meaning given that term in section 320(1) of the Family Violence Prevention and Services Act (42 U.S.C. 10421(1)).

“(4) SEXUAL ASSAULT.—The term ‘sexual assault’ has the meaning given that term in section 40002(a)(23) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(23)).

“(5) SEXUAL HARASSMENT.—The term ‘sexual harassment’ means any conduct involving sexual harassment that—

“(A) in the case of conduct of a person who is subject to the provisions of chapter 47 of this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and

“(B) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary 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.

“(6) SEXUAL VIOLENCE.—The term ‘sexual violence’ means any of the following:

“(A) Sexual abuse.

“(B) Sexual assault.

“(C) Sexual battery.

“(D) Rape.

“(7) STALKING.—The term ‘stalking’ has the meaning given that term in section 40002(a)(24) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(24)).

“(b) Definitions relating to victims.—The following definitions apply in this title:

“(1) VICTIM.—The term ‘victim’ means a person who is a victim of sexual assault, domestic violence, family violence, stalking, or sexual misconduct committed—

“(A) by or upon a member of the armed forces;

“(B) by or upon a family member of a member of the armed forces;

“(C) by or upon a person who shares a child in common with a member of the armed forces;

“(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces;

“(E) by or upon a person similarly situated to a spouse of a member of the armed forces; or

“(F) by or upon any other person who is protected from the acts of a member of the Armed Forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.

“(2) REPRESENTATIVE OF THE VICTIM.—The term ‘representative of the victim’ means, with respect to a victim who is deceased, the person who is listed first among the following (other than a person who is considered a perpetrator with respect to the victim):

“(A) The surviving spouse.

“(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.

“(3) PARTNER.—The term ‘partner’ means any of the following:

“(A) A person who is or has been in a social relationship of a romantic or intimate nature with another.

“(B) A person who shares a child in common with another person.

“(C) A person who is cohabiting with or has cohabited as a spouse by regularly residing in the household.

“(D) A person similarly situated to a spouse.

“(E) A former spouse.

“(c) Definitions relating to programs and organizations.—The following definitions apply in this title:

“(1) VICTIMS’ ADVOCATES PROGRAM.—The term ‘victims’ advocates program’ means a program established within a military department pursuant to section 1814(a) of this title.

“(2) FAMILY ADVOCACY PROGRAM.—The term ‘family advocacy program’ has the meaning provided in Department of Defense Directive 6400.1, issued by the Office of Family Policy of the Department of Defense.

“(3) VICTIM SERVICES ORGANIZATION.—The term ‘victim services organization’ means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims.

“(d) Other.—The following definitions apply in this title:

“(1) PERSONALLY IDENTIFYING INFORMATION.—The term ‘personally identifying information’ has the meaning given that term in section 1816(b) of this title.

“(2) ELECTRONIC COMMUNICATION.—The term ‘electronic communication’ has the meaning given that term in section 2510(12) of title 18.

“(3) TRANSITIONAL HOUSING.—The term ‘transitional housing’ has the meaning given that term in section 424(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11384(b)), except that the term includes short-term housing.

“(4) COMPLAINT.—The term ‘complaint’, with respect to an allegation of family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.

“(5) MILITARY LAW ENFORCEMENT OFFICIAL.—The term ‘military law enforcement official’ means a person authorized under regulations governing the armed forces to apprehend persons subject to chapter 47 of this title (the Uniform Code of Military Justice) or to trial thereunder.

“(e) Proof of relationship.—For purposes of applying the definitions in subsection (a)(1) (relating to dating violence) and subsection (b)(3) (relating to partner), the existence of a relationship as described in that subsection shall be determined based on a consideration of—

“(1) the length of the relationship;

“(2) the type of relationship; and

“(3) the frequency of interaction between the persons involved in the relationship.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“Sec. 102. Definitions relating to sexual assault, domestic violence, etc.”.

SEC. 111. Office of the Victims’ Advocate.

(a) In general.—Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:


“Sec. 1811. Office of the Victims’ Advocate: establishment; Director.

“Sec. 1812. Office of the Victims’ Advocate: responsibilities.

“Sec. 1813. Office of the Victims’ Advocate: comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the Armed Forces and their families and partners.

“Sec. 1814. Victims’ advocates programs in the military departments.

“Sec. 1815. Office of the Victims’ Advocate: access.

“Sec. 1816. Office of the Victims’ Advocate: confidentiality.

“Sec. 1817. Office of the Victims’ Advocate: victim protection actions.

“Sec. 1818. Office of the Victims’ Advocate: victims advocates whistleblower protections.

“Sec. 1819. Office of the Victims’ Advocate: annual assessment.

“Sec. 1820. Office of the Victims’ Advocate: annual report.

“Sec. 1821. Requirements on use of funds.

§ 1811. Office of the Victims’ Advocate: establishment; Director

“(a) Establishment.—There is in the Office of the Secretary of Defense an Office of the Victims’ Advocate (hereinafter in this chapter referred to as the ‘Office’).

“(b) Director.—(1) The head of the Office is a Director, who shall be a person with knowledge of victims’ rights, advocacy, social services, and Federal, State, and military systems. The Director shall oversee the victims’ advocate programs and the family advocacy programs of the Department of Defense.

“(2) The Director shall be a person who is qualified by training and expertise to perform the responsibilities of the Director and who has a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking.

“(3) The position of Director is a Senior Executive Service position. The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5.

“(4) The Secretary of Defense shall consult with the interdisciplinary council established under section 185 of this title in the appointment of the Director.

“(c) Victims’ advocates.—(1) Victims’ advocates shall be assigned to, employed by, or contracted for by the Director and shall be assigned to the Director.

“(2) Victim advocates shall be qualified by training, expertise, and certification to perform the responsibilities of the position and possessing a significant level of knowledge relative to the armed forces and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking.

“(3) The victim advocates report to the Director or to the Director’s designee within the Office.

§ 1812. Office of the Victims’ Advocate: responsibilities

“(a) General functions.—(1) The Office shall facilitate access to services for victims of domestic violence, family violence, sexual assault, and stalking.

“(2) The Office shall provide for victim advocates in the Department of Defense for purposes of victims’ advocates programs of the Department. Victims’ advocates may be Department of Defense employees or contractor employees. The Director shall ensure that victim advocates receive or have received specialized training in the counseling and support of victims.

“(b) Qualifications of victim advocates.—In order to be employed as a victim advocate by the Department of Defense or under a contract with the Department of Defense, an individual—

“(1) must have a degree in counseling or a related field or have one year of counseling experience, at least six months of which must have been in the counseling of sexual assault or domestic violence victims; and

“(2) must have had at least 60 hours of training as specified by regulations prescribed by the Director, including training in the following areas:

“(A) History of domestic violence and sexual assault.

“(B) Civil, criminal, and military law as it relates to domestic violence and sexual assault.

“(C) Societal attitudes.

“(D) Peer counseling techniques.

“(E) Housing.

“(F) Public and private assistance available to victims.

“(G) Financial resources for victims.

“(H) Safety and protection resources for victims.

“(I) Victim and transitional compensation.

“(J) Benefits.

“(K) Referral services available to victims.

“(L) Military culture and an understanding of how to operate within a military chain of command.

“(c) Health care assistance.—Upon request of a victim of domestic violence, family violence, sexual assault, or stalking, the Director shall assist the victim in obtaining from any facility of the uniformed services or any other health care facility of the United States or, by contract, from any other source, medical services, counseling, and other mental health services appropriate for treatment of injuries resulting from the domestic violence, family violence, sexual assault, or stalking, as otherwise authorized by law, including—

“(1) rape evidence kits;

“(2) DNA testing;

“(3) sexually transmitted diseases screening and treatment, including Hepatitis B and Hepatitis C screening and treatment;

“(4) HIV screening and treatment;

“(5) pregnancy testing;

“(6) methods of pregnancy prevention approved by the Food and Drug Administration;

“(7) reproductive health services; and

“(8) other mental and physiological results of the domestic violence, sexual assault, or stalking.

“(d) General coordination functions.—The Director shall coordinate programs and activities of the military departments relative to services and treatment for victims of domestic violence, family violence, sexual assault, and stalking.

“(e) Evaluation and review responsibilities.—The Director shall carry out the following ongoing evaluations and reviews:

“(1) Evaluation of the policies and protocols established by the military departments providing services and treatment referred to in subsection (e), with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking.

“(2) Evaluation of the programs established by the military departments providing services to victims of domestic violence, family violence, sexual assault, and stalking.

“(3) Evaluation of the delivery of services of the military departments that provide services and treatment to victims of domestic violence, family violence, sexual assault, and stalking through funds provided by the Department of Defense, Department of Justice, or Department of Health and Human Services.

“(4) Annual review of the facilities of the Department of Defense providing services to victims of domestic violence, family violence, sexual assault, or stalking.

“(5) Annual review of the National Domestic Violence Hotline, the National Sexual Assault Hotline, and the American Women Overseas Hotline relative to projects for military personnel, families, and partners and for victims of domestic violence, family violence, sexual assault, or stalking.

“(6) Annual review of the victim witness assistance programs within the Department of Defense.

“(7) Review of information from an individual (and of any investigation resulting from the submission of such information) indicating that a victim may be in need of, or would benefit from, assistance from a victim advocate.

“(f) Education and training responsibilities.—(1) The Director shall conduct, or provide for the conduct of, training and shall provide technical assistance related to domestic violence, family violence, sexual assault, and stalking within the military departments. Such training shall be mandatory, as prescribed by the Director, except to the extent necessary due to military exigencies.

“(2) The Director shall develop curricula for mandatory training of personnel, including first responders, security forces, law enforcement, medical personnel, command staff, military justice personnel, and military criminal investigators.

“(3) The Director shall conduct education and outreach programs. Such programs shall include the development and distribution of brochures, booklets, posters, and handbooks outlining hotlines, services, contact information, policies, and protocols for victims.

§ 1813. Office of the Victims’ Advocate: comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the Armed Forces and their families and partners

“(a) Responsibility.—The Secretary of Defense, acting through the Director of the Office, shall implement the comprehensive policy developed pursuant to subsection (c), subject to such modifications as the Secretary considers advisable.

“(b) Application of comprehensive policy to military departments.—The Secretary shall ensure that, to the maximum extent practicable, the policy implemented pursuant to subsection (a) is implemented uniformly by the Secretaries of the military departments.

“(c) Policy.—(1) The Director shall recommend to the Secretary of Defense a comprehensive policy on prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces and their families and partners. The comprehensive policy should be as uniform as practicable throughout the Department of Defenses and shall, to the extent feasible, incorporate and strengthen policies previously in existence.

“(2) To the extent feasible, the comprehensive policy shall set forth policies and procedures with respect to each of domestic violence, family violence, sexual assault, and stalking in each of the following areas:

“(A) Prevention measures.

“(B) Education and training on prevention and response.

“(C) Investigation of complaints by command and law enforcement personnel.

“(D) Medical treatment of victims.

“(E) Confidential reporting of incidents.

“(F) Victim advocacy and response.

“(G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents.

“(H) Disposition of victims, including review by appropriate authority of administrative separation actions involving victims.

“(I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking.

“(J) Liaison and collaboration with civilian agencies on the provision of services to victims.

“(K) Uniform collection of data on the incidence of complaints of domestic violence, family violence, sexual assault, and stalking and on disciplinary actions taken in those cases, with such data to be disaggregated by service and by major installation.

“(3) The comprehensive policy shall include for each of the military departments the following:

“(A) A program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.

“(B) A program to provide victim advocacy and intervention for members of the armed forces who are victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at military installations and in deployed locations, victims advocates who are readily available to intervene on behalf of such victims.

“(C) Procedures for members of the armed forces to follow in the case of an incident of domestic violence, family violence, sexual assault, or stalking involving a member of the Armed Forces, including—

“(i) procedures for confidential reporting and for seeking services with victim advocates;

“(ii) specification of the person or persons to whom the alleged offense should be reported;

“(iii) specification of any other person whom the victim should contact; and

“(iv) procedures for the preservation of evidence.

“(D) Procedures for disciplinary action in cases of domestic violence, family violence, sexual assault, and stalking by members of the armed forces.

“(E) Other sanctions authorized to be imposed in cases of sexual assault by members of the armed forces.

“(F) Training for all members of the armed forces, including specific training for members of the armed forces who process allegations of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces.

“(G) Any other matter that the Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate.

“(d) Recommendations.—The Director shall from time to time recommend to the Secretary of Defense revisions to Department of Defense policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault, and stalking based on evaluations carried out under section 1818(b) of this title and as the Director considers appropriate.

“(e) Procedures To protect confidential communications.—The Director shall establish procedures to implement the protection of confidential communications provided under section 1816 of this title.

§ 1814. Victims’ advocates programs in the military departments

“(a) Establishment.—(1) The Secretary of Defense, acting through the Director of the Office, shall require that policies and regulations of the Department of Defense with respect to the programs of the Department of Defense specified in paragraph (2) provide within each of the military departments a victims’ advocates program.

“(2) Programs referred to in paragraph (1) are the following:

“(A) Victim and witness assistance programs.

“(B) Family advocacy programs.

“(C) Equal opportunity programs.

“(3) In the case of the Department of the Navy, separate victims’ advocates programs shall be established for the Navy and for the Marine Corps.

“(b) Purpose.—A victims’ advocates program established pursuant to subsection (a) shall provide assistance described in subsection (d) to members of the armed forces and their family members and partners who are victims of any of the following:

“(1) Crime.

“(2) Sexual, physical, or emotional abuse.

“(3) Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.

“(c) Assistance.—(1) Under a victims’ advocates program established under subsection (a), individuals working in the program shall principally serve the interests of a victim by initiating action to provide the following:

“(A) Crisis intervention.

“(B) Screening and evaluation of the needs of victims of domestic violence, family violence, sexual assault, and stalking.

“(C) Information on safe and confidential ways to seek assistance to address domestic violence, family violence, sexual assault, and stalking.

“(D) Information on available services within the military departments and civilian communities.

“(E) Assistance in obtaining the services referred to in subparagraph (D), including medical treatment for injuries.

“(F) Appropriate referrals to military and civilian community-based domestic violence programs and sexual assault victim service providers with the capacity to support members of the armed forces and their family members or partners.

“(G) Information on legal rights and resources for personnel, family members, or partners in both the military and civilian programs.

“(H) Development and coordination of a safety plan with appropriate assistance and intervention components including, law enforcement, command, and Family Advocacy Program.

“(I) Advocacy for victims specified in subsection (b), including assistance in obtaining and entering no contact orders from military commands or orders of protection from a court of appropriate jurisdiction, respectively.

“(J) Information on benefits, including Department of Defense transitional compensation, victims of crime compensation, and veterans' benefits.

“(K) Coordination among services, including medical, legal, and psychological counseling.

“(L) Education.

“(M) Transportation.

“(N) Pre-trial, trial, and post-trial support.

“(2) Under a victims’ advocates program established under subsection (a), an individual working in the program as a victim advocate shall carry out the following functions:

“(A) Serve as a voting member of the case review committee of the Department of Defense for any case to which the victim advocate is assigned.

“(B) Serve as a liaison with civilian community-based service providers.

“(C) Provide for confidential handling of all documents or conversations relative to victim care, services, benefits, and treatment.

“(D) Provide advocacy for the expressed interest and safety of a victim during testimony in a court-martial or civilian judicial system.

“(E) Provide follow-up to all identified victims (including those who have declined services) three months following initial contact to ascertain whether further intervention is, or is not, warranted.

“(F) Provide other appropriate assistance.

“(3) Services under such a program in the case of an individual who is a victim of family violence (including sexual, physical, and emotional abuse) shall be provided principally through the Office.

“(d) Staffing.—The Secretary of Defense, acting through the Director of the Office, shall provide for the assignment of personnel (military or civilian) on a full-time basis to victims’ advocates programs established under subsection (a). The Secretary, acting through the Director, shall ensure that sufficient numbers of such full-time personnel are assigned to those programs to enable the programs to be carried out effectively, including the assignment of victim advocates to deployed units.

§ 1815. Office of the Victims’ Advocate: access

“(a) Access to senior officials.—The Director of the Office shall have direct and prompt access to any of the following when necessary for any purpose pertaining to the performance of the Director’s duties:

“(1) The Judge Advocate General of the Army, Navy, or Air Force or the Staff Judge Advocate to the Commandant of the Marine Corps.

“(2) The Surgeon General of the Army, Navy, or the Air Force.

“(3) The Chief of Chaplains of the Army, Navy, or the Air Force.

“(4) The senior general or flag officer of one of the Armed Forces with responsibility specifically for personnel.

“(b) Access to information.—The Director shall have direct and prompt access to the following:

“(1) The name and location of a victim receiving services, treatment, or other assistance under the jurisdiction of a military department.

“(2) Any written report of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by a military department.

“(3) Victim case files, subject to the informed, written, and time-sensitive authorization of the victim, in records of law enforcement, criminal investigative organizations, health care providers, and command and Family Advocacy Programs, as may be necessary to carry out the responsibilities of the Office.

“(c) Failure To provide authorization.—The failure of a victim to provide authorization under subsection (b)(3) shall not interfere with a case moving forward.

“(d) Confidentiality.—To the extent that any information covered by subsection (b) provides the name and address of an individual who is the subject of a confidential proceeding, that name and address (and related information that has the effect of identifying that individual) may not be released to the public without the informed written consent of such individual.

§ 1816. Office of the Victims’ Advocate: confidentiality

“(a) Confidentiality.—(1) Except as provided in paragraph (2), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Director shall protect the confidentiality and privacy of persons receiving services. The Director may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Director may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought.

“(2) If release of information referred to in paragraph (1) is compelled by law or by court order, the Director shall make reasonable attempts to provide notice to victims affected by the disclosure of the information. If such personally identifying information is or will be revealed, the Director shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

“(3) The Director may share nonpersonally identifying data in the aggregate regarding services to victims and nonpersonally identifying demographic information in order to comply with reporting, evaluation, or data collection requirements of the armed forces or of Federal, State, or local or tribal government or the government of the District of Columbia or any territory or commonwealth.

“(4) The Director may share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders.

“(b) Personally identifying information.—In this section, the term ‘personally identifying information’ means the following information about an individual:

“(1) A first and last name.

“(2) A home or other physical address, including street name and name of city or town.

“(3) An email address or other online contact information, such as an instant messaging user identifier or a screen name, that reveals the individual’s email address.

“(4) A telephone number.

“(5) A Social Security number.

“(6) An Internet Protocol (IP) address or host name that identifies an individual.

“(7) A persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual.

“(8) If the individual is a member or former member of the armed forces—

“(A) the status of the individual as a member of an active component or reserve component or as a veteran;

“(B) the individual’s current or most recent grade, rate, or rank;

“(C) the individual’s current or most recent duty station or deployment status; and

“(D) the individual’s current or most recent unit at a level below regiment (or the equivalent), numbered air force (or the equivalent), or numbered fleet (or the equivalent).

“(9) Any other information, including grade point average, date of birth, academic or occupational assignments or interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with information specified in any of paragraphs (1) through (8), would serve to identify an individual.

§ 1817. Office of the Victims’ Advocate: victim protection actions

“(a) Orders of protection.—The Director of the Office of the Victims’ Advocate, when authorized by a victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, shall assist the victim in obtaining from any military command a military no-contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm.

“(b) Removal of an alleged offender.—If the Director determines that it is appropriate to do so in order to ensure the safety of a victim, the Director may request from the appropriate commanding officer an order for the relocation or reassignment of an alleged offender who is a member of the armed forces during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim.

§ 1818. Office of the Victims’ Advocate: victims’ advocates whistleblower protections

“(a) Whistleblower protections.—(1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, or stalking.

“(2) Paragraph (1) does not apply to a communication that is unlawful.

“(b) Prohibition of retaliatory personnel actions.—No person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for—

“(1) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence, or stalking;

“(2) a communication to a Member of Congress or an Inspector General;

“(3) a communication with a military law enforcement officer or official, a military criminal investigator, a judge advocate, or an officer in the chain of command;

“(4) a communication with civilian law enforcement, county, State, or United States attorneys, court officials, probation officers, or victim service providers; or

“(5) any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor.

“(c) Prohibited personnel actions.—Any action prohibited by subsection (b), including the threat to take any unfavorable action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this section.

“(d) Investigation of allegations of prohibited personnel actions.—(1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to a communication described in paragraph (2), the Inspector General shall take the action required in this section.

“(2) A communication described in this paragraph is a communication in which the victim advocate reasonably believes constitutes evidence of any of the following:

“(A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, family violence, or stalking.

“(B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health.

“(3)(A) If the Inspector General receiving such an allegation is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (e).

“(B) An Inspector General of the Department of Defense receiving an allegation as described in this section shall expeditiously determine, in accordance with regulations prescribed under subsection (e), whether there is sufficient evidence to warrant an investigation of the allegation.

“(C) Upon determining that an investigation of an allegation under this section is warranted, the Inspector General making the determination shall expeditiously investigate the allegation.

“(4) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.

“(5) Upon receiving an allegation under this subsection, the Inspector General shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of paragraph (2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate.

“(6)(A) After completion of an investigation under paragraphs (3), (4), or (5), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and the Director of the Office of the Victims’ Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated. The report shall be transmitted to the Secretary of Defense and the Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation.

“(B) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate.

“(C) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by subparagraph (A) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice—

“(i) of that determination including the reasons why the report may not be submitted within that time; and

“(ii) of the time when the report will be submitted.

“(D) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint.

“(e) Regulations.—(1) The Secretary of Defense shall prescribe regulations to carry out this section. In prescribing regulations under this section, the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of this section, including a process of appeal and review of investigative findings.

“(2) The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of this title is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice).

§ 1819. Office of the Victims’ Advocate: annual assessment

“(a) Data compliance and reporting.—The Director of the Office of the Victims’ Advocate shall annually compile data collected during the preceding year by the military departments relating to incidents of domestic violence, family violence, sexual assault, and stalking. The data shall be compiled pursuant to policies set forth by the Director.

“(b) Assessment of policies and procedures.—Not later than January 15 each year, the Director shall conduct an assessment of the implementation during the preceding fiscal year of the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year.

“(c) Personnel analysis.—The annual assessment under subsection (b) shall include a review of personnel, including staffing levels, assignments, accessibility, availability, training, and duties of victim advocates, victim witness liaisons, sexual assault nurse examiners, and others considered appropriate by the Director assigned to assist victims of domestic violence, sexual assault, family violence, and stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for such personnel.

“(d) Assessment of statutes and directives.—In order to enhance the foundation of law and policy within the military departments in response to domestic violence, family violence, sexual assault, and stalking, the annual assessment under subsection (b) shall include a review of—

“(1) chapter 47 of this title (the Uniform Code of Military Justice), the provisions of law in force at the time of the assessment that were originally enacted by the Victims’ Rights and Restitution Act or the Violence Against Women Act, and other Federal statutes applicable to domestic violence, sexual assault, family violence, and stalking;

“(2) directives of the military departments; and

“(3) regulations of the military departments considered appropriate by the Director.

§ 1820. Office of the Victims’ Advocate: annual report

“(a) Annual report.—(1) Not later than January 15 of each year, the Director shall submit to the Secretary of Defense a report on domestic violence, family violence, sexual assault, and stalking involving members of the Armed Forces during the preceding year.

“(2) Each report under paragraph (1) shall include the following:

“(A) The most recent compilation of data under section 1819(a) of this title; together with a comparison of that data (or subsets of that data) with comparable data from the civilian sector.

“(B) The results of the most recent assessment under section 1819(b) of this title.

“(C) The number of incidents of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces that were reported to military officials during the year covered by the report and the number of the cases so reported that were substantiated.

“(D) A summary of the types of cases and the disciplinary action taken in each type of case.

“(E) The policies, procedures, and processes implemented by the military departments during the year covered by the report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.

“(F) A plan for the actions that are to be taken in the fiscal year following the fiscal year covered by the report on the prevention of and response to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.

“(b) Transmission of report to congressional committees.—The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each annual report submitted to the Secretary under subsection (a), together with the comments of the Secretary on such report. The Secretary shall transmit the report for any year not later than March 15 of the following year.

§ 1821. Requirements on use of funds

“(a) Requirements.—Of the amounts appropriated to carry out the functions of the Office for any fiscal year, the Secretary—

“(1) shall use not less than 20 percent for programs addressing domestic violence, family violence, sexual assault, and stalking that are operated by, or in partnership with, civilian victim services; and

“(2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, family violence, sexual assault, and stalking.

“(b) Technical assistance and training.—Technical assistance and training under subsection (a)(2) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.”

(b) Transition provisions.—

(1) COMPREHENSIVE POLICY.—The policy required by section 1812(a) of title 10, United States Code, as added by subsection (a), shall be prescribed by the Secretary of Defense not later than the end of the 120-day period beginning on the date of the enactment of this Act.

(2) WHISTLEBLOWER PROTECTION REGULATIONS.—The regulations required by section 1817(e) of title 10, United States Code, as added by subsection (a), shall be prescribed by the Secretary of Defense not later than 120 days after the date of the enactment of this Act.

(3) FIRST ANNUAL REPORT.—The first report under subsection (a) of section 1819(a) of such title, as added by subsection (a)—

(A) shall be submitted to the Secretary of Defense not later than April 1 of the year after the year in which this Act is enacted (notwithstanding the date specified in that subsection); and

(B) shall be transmitted by the Secretary to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives pursuant to subsection (b) of that section not later than May 1 of that year (notwithstanding the date specified in that subsection).

(c) Clerical amendments.—The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 88 the following new item:

“90. Office of the Victims’ Advocate ............................
1811”.

SEC. 112. Department of Defense Interdisciplinary Council.

(a) Codification and revision of Council established under Public Law 103–337.—

(1) IN GENERAL.—Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section:

§ 188. Department of Defense Interdisciplinary Council

“(a) Department of Defense Council.—The Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate of the Department of Defense, shall establish a Department of Defense interdisciplinary council to coordinate and oversee victims’ advocates programs of the Department of Defense and to oversee the efforts of the Department of Defense to prevent and respond to violence against women and men.

“(b) Composition.—(1) The Council shall consist of 12 members, appointed by the Secretary of Defense. The Council shall include members appointed from each of the Army, Navy, Air Force, and Marine Corps and shall include an equal number of personnel of the Department of Defense and persons from outside the Department of Defense. The six members appointed as personnel of the Department of Defense may include retired members of the Armed Forces.

“(2) The six members appointed from outside the Department of Defense may be appointed from other Federal departments and agencies, from State and local agencies, and from the private sector, but may not be members of the Armed Forces in a retired status.

“(3) The Secretary shall ensure that membership includes at least one judge advocate.

“(4) Each member of the Interdisciplinary Council appointed from outside the Department of Defense—

“(A) shall be an individual who has demonstrated expertise and experience in the fields of sexual assault, domestic violence, family violence, or stalking, as well as expertise and experience in civilian-military cooperation; or

“(B) shall be appointed from one of the following:

“(i) The Centers for Disease Control and Prevention of the Department of Health and Human Services.

“(ii) Civilian law enforcement.

“(iii) A judicial policy organization.

“(iv) A national crime victim organization.

“(v) A victim service organization.

“(vi) A survivor of domestic violence, sexual assault, family violence, or stalking in which the perpetrator was a member of the Armed Forces.

“(5) Members of the Interdisciplinary Council shall serve for a period of three years. The membership of the Interdisciplinary Council shall be rotated by composition and appointments as defined in paragraphs (1), (2), and (4) every three years.

“(c) Co-Chairs.—There shall be two co-chairs of the Interdisciplinary Council. One of the co-chairs shall be designated by the Secretary of Defense at the time of appointment from among the Department of Defense personnel on the Interdisciplinary Council. The other co-chair shall be selected among the members appointed from outside the Department of Defense by those members.

“(d) Administrative Support.—The Director of the Office of the Victims’ Advocate, under the direction of the Secretary of Defense, shall provide oversight of the Interdisciplinary Council. The Office of the Victims’ Advocate shall provide the Interdisciplinary Council with personnel facilities and other administrative support as necessary for the performance of the Interdisciplinary Council’s duties.

“(e) Compensation.—Each member of the Interdisciplinary Council who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the armed forces or an officer or an employee of the United States, as the case may be). Other members of the Interdisciplinary Council shall be appointed in accordance with, and subject to, section 3161(d) of title 5, but shall serve without pay.

“(f) Military Department Liaisons.—The Secretary of each military department shall select a representative of that department to serve as a liaison between the Interdisciplinary Council and that military department. Each such representative shall be responsible for ensuring—

“(1) that communications made at the Interdisciplinary Council are transmitted to military personnel; and

“(2) that the Interdisciplinary Council is aware of problems in the military departments related to domestic violence, family violence, sexual assault, and stalking.

“(g) Installation Visits.—The Director of the Office of the Victims’ Advocate shall coordinate with the Secretaries of the military departments to provide for visits by members of the Interdisciplinary Council to military installations.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“188. Department of Defense Interdisciplinary Council.”.

(b) Deadline for initial appointments.—Members of the Interdisciplinary Council under section 188 of title 10, United States Code, as added by subsection (a), shall be appointed not later than 90 days after the date of the enactment of this Act.

(c) Report.—Not later than 18 months after the date on which all members of the Interdisciplinary Council under section 188 of title 10, United States Code, as added by subsection (a), have been appointed, the Interdisciplinary Council shall submit to the Secretary of Defense a report recommending specific ways in which the Office of the Victims’ Advocate and victim advocates may more effectively address matters relative to sexual assault, domestic violence, family violence, and stalking committed by or upon members of the Armed Forces. The report shall include an assessment of, and recommendations concerning, the following:

(1) Victim safety programs.

(2) Confidentiality of communications for victims.

(3) Offender accountability.

(4) Prevention of sexual assault, domestic violence, family violence, and stalking.

(5) Collaboration among military organizations with responsibility or jurisdiction with respect to sexual assault, domestic violence, family violence, and stalking.

(6) Coordination between military and civilian communities including service organizations and law enforcement with respect to sexual assault, domestic violence, family violence and stalking.

(7) Adaptation of best professional practices within the civilian communities with respect to sexual assault, domestic violence, family violence and stalking.

(8) Data collection, case management, and tracking.

(9) Curricula and training including standardized training for armed forces personnel and community-based advocates, organizations, and service providers.

(10) Standardization of guidelines, directives, and statutes.

(11) Other issues identified by the Interdisciplinary Council.

(d) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to subsection (c).

(e) Conforming repeal.—Section 534 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 113 note) is repealed.

SEC. 121. Awareness, prevention, and intervention campaign.

(a) Contracts authorized.—The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may enter into contracts with appropriate entities to support the crisis intervention services of the Department of Defense for victims of domestic violence, sexual assault, family violence, and stalking in the Department of Defense.

(b) Purpose of contract.—A contract under subsection (a) shall provide for the entity awarded the contract to perform the following functions, to the extent provided in the contract:

(1) Include in the services provided under the contract the availability of a toll-free telephone number (commonly referred to as an “800” number).

(2) Ensure that information about services and resources available to military personnel, families, and partners—

(A) is revised and updated as appropriate;

(B) is made available to the Office of the Victims’ Advocate and other Department of Defense entities for distribution and posting at appropriate facilities within the Department of Defense; and

(C) is made available through appropriate public information services.

(3) Provide free and confidential support services for members of the Armed Forces and their families and partners for the purpose of developing and strengthening prevention and intervention policies for assistance to members of the Armed Forces and their family members or partners experiencing domestic violence, family violence, sexual assault, and stalking.

(4) Develop and implement policies regarding appropriate, safe responses and referral procedures for members of the Armed Forces and their family members or partners experiencing domestic violence, family violence, sexual assault, and stalking.

(5) Provide linguistically and culturally appropriate services, or linkages to existing services in the community, as needed to address the needs of victims and survivors associated with the Armed Forces.

(6) Provide the necessary staffing for responding to the needs of members of the Armed Forces and their 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 demonstrated experience as a service provider to victims associated with the Armed Forces.

(c) Applications.—

(1) IN GENERAL.—An entity that desires 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 requirements in this section.

(2) QUALIFICATIONS.—To be awarded such a contract, an entity must demonstrate in its application under paragraph (1) that it has a history or experience that is relevant to the purposes of the contract.

(d) Considerations.—

(1) TRAINING.—In providing information on services, resources, counseling, and advocacy available to members of the Armed Forces and their family members and partners, the Secretary shall ensure that the personnel who provide assistance under this section are trained to provide to persons who have experienced sexual assault, domestic violence, family violence, and stalking information about the services, care, and treatment relating to domestic violence, family violence, sexual assault, and stalking available in the communities in which the victim resides, including care and services available under programs of the Department of Defense and the Department of Veterans Affairs and from non-military and non-veteran agencies and organizations.

(2) CONFIDENTIALITY.—The Secretary shall ensure that the telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place a call to the service.

(3) IMMEDIATE ACCESS.—The Secretary shall ensure that the telephone assistance service provides immediate access to a trained counselor. The Secretary may not utilize call-back services or answering services.

(4) DISSEMINATION OF INFORMATION.—The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in medical facilities, commissary and exchange facilities, and Family Advocacy Program and Victims’ Advocate Program facilities of the Department and is advertised through public service announcements and pamphlets, and by other means.

(e) Duration of contract.—The Secretary shall enter into any contract under this section for a period of one year. The contract may be renewed.

(f) Confidentiality.—The Secretary shall include in a contract under this section confidentiality provisions based on the provisions of section 1816(a) of title 10, United States Code, as added by section 111.

(g) Nonsupplantation.—Any Federal funds received 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.

(h) No matching funds.—For the purposes of this section, a nonprofit, nongovernmental victim services program receiving funds under this section may not be required as a condition of receiving an award of a contract under this section to provide matching funds.

(i) Reports.—An entity receiving funds under this section shall submit to the Secretary every six months a report that describes—

(1) how the funds were used, including the extent to which members of the Armed Forces and their family members and partners were provided services and a description of the services provided, including the number of cases responded to;

(2) the adequacy of staff training and services to meet the needs of members of the Armed Forces and their family members and partners for services under the contract; and

(3) the existence of barriers faced by the entity to address the needs of members of the Armed Forces and their family members and partners.

(j) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 131. Prevention and intervention training contracts.

(a) Awards authorized.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, shall enter into contracts under this section with eligible entities for the purposes of providing training and technical assistance to the Department of Defense relative to prevention of domestic violence, sexual assault, family violence, and stalking.

(2) DEFINITIONS.—In this section, the term “eligible entity” means an entity that is—

(A) a public or nonprofit private organization having demonstrated expertise in prevention, intervention, developing community collaboration, and system response to domestic violence, sexual assault, family violence, and stalking; or

(B) a community-based organization experienced in providing services to members of the Armed Forces and their family members or partners who experience domestic violence, sexual assault, family violence, or stalking.

(b) Uses of funds.—An entity awarded a contract pursuant to subsection (a) shall—

(1) provide training in the dynamics of domestic violence, sexual assault, family violence, and stalking, including safety, risk assessment, potential lethality, and appropriate interventions;

(2) provide education programs for members of the Armed Forces and their family members or partners that 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 educational materials to the population that address the needs and concerns of members of the Armed Forces and their family members or partners who experience domestic violence, sexual assault, or stalking and the impact of the violence by identifying, adapting, and disseminating appropriate 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 desires 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 requirements described in this section.

(2) CONTENT.—An application submitted pursuant to paragraph (1) shall—

(A) outline and describe how training and other activities will be undertaken to promote prevention, intervention, and collaboration;

(B) identify the members of the organization who will be responsible for carrying out the training;

(C) ensure that communities or agencies affected by the training are adequately represented in the development of the application, training, 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 history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-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 investigation, follow-up, screening, intake, assessment, 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 members of the Armed Forces and their family members or partners where both domestic violence and sexual assault occurs by providing appropriate resources, protection, and support to victims;

(G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and

(H) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims.

(d) Duration of contracts.—The Secretary shall enter into a contract under this section for a period of one year. Such a contract may be renewed.

(e) Reports.—An entity receiving funds under this section shall submit to the Secretary every six months a report that describes, at a minimum—

(1) how the funds under the program were used, including the extent to which military personnel, family members, or partners were served;

(2) the adequacy of staff training and services to ensure that the needs of members of the Armed Forces and their family members or partners are met; and

(3) the existence of barriers the entity faces to more fully addressing the needs of members of the Armed Forces and their family members or partners.

(f) Requirement.—

(1) SET-ASIDE.—Of the amounts appropriated to carry out this section for any fiscal year, the Secretary—

(A) shall use not less than 20 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; and

(B) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, sexual assault, and stalking.

(2) TECHNICAL ASSISTANCE AND TRAINING.—Technical assistance and training under paragraph (1)(B) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.

(g) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 141. Sexual assault and domestic violence conference.

(a) Conference required.—Not later than one year after the date of the enactment of this Act, and every two years thereafter, the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate of the Department of Defense, shall convene a national conference to review current policies for prevention of, and response to, domestic violence, sexual assault, family violence, and stalking (as those terms are defined in section 102 of title 10, United States Code) involving members of the Armed Forces and to make recommendations for changes, as warranted, to those policies.

(b) Conference activities.—The conferences shall provide a forum for the civilian leadership of the Department of Defense, military commanders, family advocacy personnel, military criminal investigators, military law enforcement personnel, and security forces to consider problems, policies, and recommendations relating to domestic violence, sexual assault, family violence, and stalking involving members of the Armed Forces.

(c) First conference.—

(1) CONSIDERATION OF PRIOR REPORTS.—Activities of the first conference under this subtitle shall include consideration of the reports and recommendations of the following:

(A) The Department of Defense Task Force on the Care of Sexual Assault Victims.

(B) The Department of Defense Task Force on Domestic Violence.

(C) The Department of Defense Task Force of Sexual Harassment and Misconduct at the Military Academies.

(2) STRATEGIC PLAN.—Activities of the first conference under this subtitle shall include a discussion of, and compiling of recommendations and strategy for, a strategic plan that seeks to—

(A) involve more civilian leaders of the Department of Defense, military commanders, and members of the Armed Forces in prevention and other activities designed to end domestic violence, sexual assault, family violence, and stalking in the Armed Forces; and

(B) facilitate the Secretaries of the military departments implementation of policies on domestic violence, sexual assault, family violence, and stalking in the Armed Forces.

(d) Conference participants.—The Secretary shall provide for participants in conferences under this section to include the following:

(1) Representatives from a broad cross-section of military authorities, including leadership, commands, services, departments, and programs.

(2) Representatives of Federal, State, national and local government agencies.

(3) Representatives of law enforcement organizations.

(4) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates.

(5) Representatives of nonprofit, private, or nongovernmental service providers and of public and private organizations working in the field of domestic violence, sexual assault, family violence, and stalking.

(6) Individuals with demonstrated expertise in addressing the intersection between domestic violence, sexual assault, family violence, and stalking.

(7) Individuals with demonstrated expertise in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, family violence, and stalking.

(8) Victims of domestic violence, sexual assault, family violence, and stalking.

(9) Representatives of academic and research, facilities with demonstrated expertise in domestic violence, sexual assault, family violence, and stalking.

(10) Representatives of the Department of Veterans Affairs.

(11) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces.

SEC. 151. Agreements with civilian organizations.

(a) Memorandums of understanding.—Congress expects and encourages the Secretary of Defense to enter into memorandums of understanding with civilian organizations to provide services to victims of sexual assault, domestic violence, family violence, and stalking (as those terms are defined in section 102 of title 10, United States Code).

(b) Confidentiality.—When entering into a memorandum of understanding with a civilian organization as described in subsection (a), the Secretary of Defense should not enter into, and may not enforce, any provision in the memorandum that would be in direct violation of any law protecting confidential information and personal identifying information.

SEC. 201. Protection of communications between victims and advocates.

(a) Restricting Communication Prohibited.—Subsection (a) of section 1034 of title 10, United States Code, is amended—

(1) by striking “Congress or” and inserting “Congress,”; and

(2) by inserting before the period at the end the following: “or the Office of the Victims’ Advocate or a Victims’ Advocate within the Department of Defense”.

(b) Prohibition of retaliatory personnel actions.—Subsection (b)(1) of such section is amended—

(1) in subparagraph (A), by striking “or an Inspector General” and inserting “, an Inspector General, or the Office of the Victims’ Advocate or a Victims’ Advocate”; and

(2) in subparagraph (B)—

(A) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and

(B) by inserting after clause (ii) the following new clause:

“(iii) the Office of the Victims’ Advocate or a victims’ advocate;”.

(c) Inspector General Investigations.—Subsection (c)(2)(A) of such section is amended by inserting “, sexual assault, domestic violence, family violence, stalking,” after “sexual harassment”.

SEC. 202. Victim service organization privilege and health care professional privilege in cases arising under Uniform Code of Military Justice.

(a) Privileges established.—

(1) 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:

§ 940a. Art. 140a. Privilege for communication with victim service organization or health care professional

“(a) General rule of privilege.—A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the client and a victim service organization or any representative of the organization, or between the client and a health care professional or any representative of the professional, in a case arising under this chapter, if such communication was made for the purpose of securing advice, counseling, treatment, or assistance concerning the client’s mental, physical, or emotional condition caused by domestic violence, family violence, dating violence, stalking, or sexual assault.

“(b) Definitions.—In this section:

“(1) The term ‘client’ means a person who consults with or is examined or interviewed by a victim service organization or any representative of the organization, or by a health care professional or any representative of the professional.

“(2) The term ‘victim service organization’ means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims.

“(3) The term ‘representative’, with respect to an organization or professional, means a person directed by or assigned to assist that organization or professional, respectively, in providing advice, counseling, treatment, or assistance.

“(4) The term ‘confidential communication’ means a communication not intended to be disclosed to third persons other than—

“(A) those to whom disclosure is in furtherance of providing advice, counseling, treatment, or assistance to the client; and

“(B) those reasonably necessary for disclosing under subparagraph (A).

“(c) Emergency shelter protection.—A client or representative of a client may not be compelled to provide testimony in a civil, criminal, legislative, disciplinary, or administrative proceeding that would identify—

“(1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; or

“(2) the name, address, or telephone number of a victim representative.

“(d) Who may claim the privilege.—The privilege under subsection (a) or (c) may be claimed by the client or the guardian or conservator of the client. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The victim service organization, health care professional, or representative who received the communication may claim the privilege on behalf of the client. The authority of such an organization, professional, representative, guardian, or conservator to so assert the privilege is presumed in the absence of evidence to the contrary.

“(e) Exceptions.—There is no privilege under this section—

“(1) when the client is dead, except for the privilege under subsection (c);

“(2) to the extent the communication reports child abuse;

“(3) when a victim service organization, health care professional, or representative believes that a mental or emotional condition of the client makes the client a danger to any person, including the client; or

“(4) if the communication clearly contemplated the future commission of a fraud or crime or if the services of the victim service organization or health care professional are sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:


“940a. 140a. Privilege for communication with victim service organization or health care professional.”.

(b) Applicability.—Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), applies to communications made after the date of the enactment of this Act.

SEC. 211. Enhanced Department of Defense treatment capacity.

To the extent funds are available for such purpose, funds available to the Department of Defense shall be used to employ at least one medical professional trained as a sexual assault nurse examiner and at least one psychiatrist, and a complimentary clinical team, at each military treatment facility operated by the Department of Defense.

SEC. 212. Community level program.

(a) Program.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall carry out a program at the community level for members of the Armed Forces on active duty and family members of such members who are victims of domestic violence, sexual assault, family violence, or stalking (as those terms are defined in section 102 of title 10, United States Code).

(b) Program sites.—The program shall be carried out through facilities of the Department of Defense.

(c) Program content.—In conducting the program, the Secretary shall provide for individualized case management to be conducted on a one-to-one basis, counseling, education, and group therapy to help victims cope with trauma. Through the program, the Secretary should—

(1) emphasize early identification of victims experiencing post-traumatic stress disorder resulting from domestic violence, sexual assault, family violence, or stalking;

(2) include group-oriented, peer-to-peer settings for treatment; and

(3) acknowledge that the causal factors of domestic violence, sexual assault, family violence, and stalking include power and control.

(d) Outreach.—The Secretary shall provide that health information packets given to members of the Armed Forces and their family members include information about how to obtain timely and confidential post-sexual assault medical care.

(e) Program models.—The Secretary shall establish and carry out the program under this section following a comprehensive review of other relevant programs, including programs of the Department of Veterans Affairs, of State and local governments, and of private, nonprofit, or nongovernmental organizations specializing in the treatment of victims of domestic violence, sexual assault, family violence, or stalking.

SEC. 213. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, 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 Department of Veterans Affairs health care services in the case of any member of the Armed Forces who is being discharged or separated from active duty and who has been identified as a victim or perpetrator of domestic violence, sexual assault, family violence, or stalking (as those terms are defined in section 102 of title 10, United States Code).

SEC. 221. Enhanced capacity of the Department of Defense for shelter programs and services.

(a) Contracts authorized.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may enter into contracts with eligible entities to provide shelter services for members of the Armed Forces and their family members and partners who experience domestic violence, family violence, sexual assault, or stalking.

(2) ELIGIBLE ENTITIES.—In this section, the term “eligible entity” means a public or private nonprofit entity the primary purpose of which is to provide shelter services to victims of domestic violence, family violence, sexual assault, or stalking. The entity may be—

(A) a community-based organization specializing in intervention or violence prevention services for members of the Armed Forces and their family members or partners;

(B) a nonprofit nongovernmental entity providing services primarily to members of the Armed Forces and their family members or partners who are victims of domestic violence, family violence, sexual assault, 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 members of the Armed Forces and their families.

(b) Uses of funds.—A contract under this section shall provide that—

(1) whenever possible, the entity awarded the contract shall collaborate with existing shelter services in the civilian community to provide appropriate victim services;

(2) when appropriate shelter services are not available in the civilian community or are not accessible to members of the Armed Forces or their family members or partners, the entity awarded the contract may provide or create shelter services in collaboration with a community-based organization;

(3) the entity awarded the contract shall provide referral services to a Department of Defense victims advocate aid, including legal, medical, or psychological counseling, to members of the Armed Forces and their family members and partners who are experiencing domestic violence, family violence, sexual assault, or stalking; and

(4) if needed, the entity awarded the contract will have staff with fluency in languages other then English or access to translators.

(c) Application.—

(1) IN GENERAL.—An eligible entity that desires 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 requirements of this section.

(2) CONSIDERATION OF BEST PRACTICES.—In considering applications submitted pursuant to paragraph (1), the Secretary shall consult with existing providers of shelter services to determine best practices.

(d) 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.

(e) Confidentiality.—The Secretary shall include in a contract under this section confidentiality provisions based on the provisions of section 1816(a) of title 10, United States Code, as added by section 111.

(f) Reports.—An entity awarded a contract under this section shall submit to the Secretary every six months a report that describes, at a minimum—

(1) how the funds under the contract were used;

(2) the extent to which military personnel, families, and partners were served; and

(3) the adequacy of staff training and services to ensure that needs of members of the Armed Forces and their family members and partners.

(g) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 231. Military law enforcement and victims’ rights.

(a) Victims’ rights.—After an allegation of a domestic violence, sexual assault, family violence, or stalking offense that is reported to, or investigated by military law enforcement agency, the victim (or alleged victim) shall have the following rights:

(1) Victims’ rights set out under section 502(b) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10606(b)).

(2) The right to be informed of 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 reimbursed.

(3) The right to be informed of legal procedures and resources available for the protection of the victim, including military no contact orders and protection orders, civilian orders of protection referred to in section 1561a of title 10, United States Code, and the full faith and credit given to protection orders pursuant to section 2265 of title 18, United States Code.

(4) The right to be informed of names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter, and support services.

(5) The right to be informed of the military law enforcement agency report number for the case, if available, other identifying information, and the following statement: “If within 30 days you are not notified 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.”.

(6) The right to be notified by military law enforcement authorities of the arrest of the suspect, if the suspect is arrested, regardless of whether the suspect is an adult or a juvenile.

(7) The right to be to informed, in a case in which the suspect is an adult and has been arrested, of the suspect’s release, of the scheduled time, place, and date for initial court appearances of the suspect, and of the victim’s right to be heard.

(b) Notice of rights To be provided.—As soon after an allegation of a domestic violence, sexual assault, family violence, or stalking offense as possible without interfering with an investigation or arrest, a representative of the military law enforcement 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.

(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)).

(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 reimbursed.

(C) The legal procedures and resources available for the protection of the victim, including military no contact orders and protection orders, civilian orders of protection referred to in section 1561a of title 10, United States Code, and the full faith and credit given to protection orders pursuant to section 2265 of title 18, United States Code.

(D) The names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter, and support services.

(E) The military law enforcement agency report number for the case, if available, other identifying information, and the following statement: “If within 30 days you are not notified 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 victim will be notified by military law enforcement authorities of the arrest of the suspect, if the suspect is arrested.

(G) If the suspect is an adult and has been arrested, a statement that the victim will be informed of the suspect’s release, of the scheduled time, place, and date for initial court appearances of the suspect and of the victim’s right to be heard, and that to exercise those rights, the victim may contact the custodial agency regarding the suspect’s status or contact the command regarding any changes.

(c) Effect of emotional status of victim.—If at the time of contact with a military law enforcement agency representative under subsection (a), a victim is emotionally unable to request or to waive applicable rights, the military law enforcement agency representative shall so designate that on the multicopy form and any entity that is subsequently involved in the case shall presume that the victim invoked the applicable rights to which the victim is entitled and, on request, the victim may later waive those rights.

(d) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 232. Availability of incident reports.

(a) Applicability.—A military law enforcement agency shall provide, without charge, to a victim of domestic violence, sexual assault, family violence, or stalking (or to the representative of such a victim, if the victim is deceased) a copy of the incident report in the case, a copy of the incident report summary (referred to as a “face sheet”), or both, in accordance with subsection (b).

(b) Time for availability.—

(1) SUMMARIES.—A copy of an incident report summary shall be made available during regular business hours to a victim or the victim’s representative no later than 48 hours after being requested by the victim or the victim’s representative, unless the military law enforcement agency informs the victim or representative of the reasons why the summary is not available, in which case the summary shall be made available to the victim or representative no later than five working days after the request is made.

(2) INCIDENT REPORTS.—A copy of the incident report shall be made available during regular business hours to a victim or the victim’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 representative of the reasons why the incident report is not available, in which case the incident report shall be made available to the victim or representative no later than 10 working days after the request is made.

(c) Identification.—An incident report and a summary of an incident report may be provided to any person under this section only upon presentation of identification satisfactory to the Secretary concerned.

(d) Time duration.—This section applies to requests for copies of incident reports and summaries of incident reports made within five years from the date of completion of the incident report.

(e) Victim’s representative defined.—

(1) For purposes of this section, the term “victim’s representative” means, with respect to a victim who is deceased, the person who is listed first among the following:

(A) The surviving spouse.

(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 law or any person identified in the incident report as a suspect.

(f) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 233. Victim advocates and victims’ rights.

(a) In general.—Any victim making an allegation of sexual assault, domestic violence, family violence, or stalking (as those terms are defined in section 102 of title 10, United States Code) may have a victim advocate present at any interview of the victim conducted by any military law enforcement official.

(b) Support during proceedings.—In a military justice proceeding, a victim advocate, upon the request of the victim, shall be allowed to accompany the victim during the proceedings. The victim advocate shall be allowed to confer orally and in writing with the victim in a reasonable manner.

SEC. 234. Restitution.

(a) In general.—Chapter 80 of title 10, is amended by inserting after section 1561b, as added by section 301, the following new section:

§ 1561c. Restitution

“(a) Restitution required.—In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority in a court-martial shall order restitution for any offense specified in section 920, 892(a)(4), or 1561a of this title.

“(b) Scope and nature of order.—

“(1) DIRECTIONS.—An order of restitution under this section shall direct the person convicted 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 accordance 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.

“(2) The convening authority may not decline to issue an order under this section because of—

“(A) the economic circumstances of the person convicted; or

“(B) the fact that a victim has received, or is entitled to receive, compensation for the victim’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 incurred in obtaining a civil protective order; and

“(F) any other loss suffered by the victim as a proximate result of the offense or offenses.

“(2) VICTIM.—The term ‘victim’ means a person 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, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable 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 1561b, as added by section 301, the following new item:


“1561c. Restitution.”.

SEC. 235. 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 inserting after section 940a, as added by section 202, the following new section (article):

§ 940b. Art. 140b. Military justice information: transmission to Director of Federal Bureau of Investigation

“Whenever a member of the Armed Forces is discharged 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 copy of records of any disciplinary action against the member involving sexual misconduct during the period of the member’s service in the Armed Forces that is taken under this chapter, including any nonjudicial punishment imposed under section 815 of this title (article 15).”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 940a the following new item:


“940b. 140b. Military justice information: transmission to Director of Federal Bureau of Investigation.”.

SEC. 236. Travel and transportation of household effects or motor vehicle in response to dependent abuse.

Section 406(h)(4)(D) of title 37, United States Code, is amended by striking “only if a written agreement of the member, or an order of a court of competent jurisdiction,” and inserting “if an order of a court of competent jurisdiction”.

SEC. 237. Technical amendments relating to fatality review panels.

(a) Army.—Section 4061 of title 10, United States Code, is amended—

(1) in subsection (a), by inserting “, acting through the Office of the Victims’ Advocate,” after “Secretary of the Army”; and

(2) in subsection (c), by inserting “, in consultation 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 “Secretary of the Navy”; and

(2) in subsection (c), by inserting “, in consultation with the Office of the Victims’ Advocate,” after “Secretary of Defense”.

(c) Air Force.—Section 9061 of such title is amended—

(1) in subsection (a), by inserting “, through the Office of the Victims’ Advocate,” after “Secretary of the Air Force”; and

(2) in subsection (c), by inserting “, in consultation with the Office of the Victims’ Advocate,” after “Secretary of Defense”.

SEC. 301. Complaints of sexual assault and domestic violence.

(a) In General.—Chapter 80 of title 10, United States Code, is amended by inserting after section 1561a the following new section:

§ 1561b. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers

“(a) Action on complaints.—(1) A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives a qualifying complaint shall carry out an investigation of the matter in accordance with this section.

“(2) In this section, the term ‘qualifying complaint’ means a complaint—

“(A) that is from a victim, or from a member of the command, or a civilian employee under the supervision of the officer, or a victim advocate of the Department of Defense; and

“(B) that alleges sexual assault, domestic violence, family violence, or stalking by a member of the Armed Forces or a civilian employee of the Department of Defense

“(b) Commencement of investigation.—To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall, within 72 hours after receipt of the complaint—

“(1) forward the complaint, or a detailed description of the allegation in the complaint, to the next superior officer in that officer’s chain of command who is authorized to convene a general court-martial;

“(2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; and

“(3) advise the complainant of the commencement of the investigation.

“(c) Duration of investigation.—A commanding officer or officer in charge receiving a qualifying complaint shall ensure that the investigation of the complaint is completed within 90 days of the date on which the investigation is commenced or such longer period as may be approved by the Director of the Office of Victim Advocate.

“(d) Judge Advocate Report.—To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced.

“(e) Report on Investigation.—To the extent practicable, a commanding officer or officer in charge receiving a qualifying complaint shall—

“(1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or

“(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.

“(f) Annual Reports to Service Secretaries.—Not later than January 1 of each year, each officer receiving a qualifying complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints received during the preceding year and the investigations of those complaints (including the results of the investigations, in cases of investigations completed during the preceding year).

“(g) Annual report to Secretary of Defense and Congress.—(1) Not later than January 15 of each year, each Secretary of a military department receiving a report under subsection (g) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking.

“(2) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report. The Secretary shall transmit the report for any year not later than March 15 of the next year.”.

(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 item:


“1561b. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers.”.

SEC. 302. Response of military law enforcement officials to domestic violence incidents.

(a) In general.—Chapter 80 of title 10, United States Code, is amended by adding at the end the following new sections:

§ 1567. Domestic violence: responsibilities of military law enforcement officers

“(a) Circumstances requiring arrest.—A military law enforcement officer shall arrest and take into custody a person subject to arrest or apprehension by the officer if—

“(1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and

“(2) any of the following circumstances is present:

“(A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely.

“(B) There is evidence of physical injury to the alleged victim.

“(C) The use of a deadly weapon or dangerous instrument is evident.

“(b) Domestic violence.—In this section, the term ‘domestic violence’ means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common:

“(1) Infliction of physical pain, bodily injury, or illness or damage to property.

“(2) Intentional impairment of physical condition.

“(3) A threat of conduct that would cause bodily injury or damage to property.

“(c) Arresting Officer’s Report.—An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include—

“(1) a description of physical injuries observed, if any;

“(2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; and

“(3) a statement that a copy of legal rights and notices was given to the victim.

“(d) Law enforcement policies.—(1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following:

“(A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime.

“(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, and any history of domestic violence between those persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker.

“(C) The decision of a military law enforcement officer as to whether or not to make an arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident.

“(D) A decision of a military law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment.

“(2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c). Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency’s receipt of the report. The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident.

“(3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense. As necessary, the Secretary shall revise the victims’ rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following:

“(A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers).

“(B) A copy of the following statement: ‘If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint. You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so. You also have the right to request a military no contact order containing the above provisions.’.

“(4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person’s release.

“(5) In the development of policies under this subsection, the Secretary and shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents.

“(e) Domestic violence incident reports.—(1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report.

“(2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person’s actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested. The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime.

“(3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the commander of the suspect and of the installation.

“(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense. The form shall include provision for the following information:

“(A) The relationship of the parties.

“(B) The sex of the parties.

“(C) The time and date of the incident.

“(D) The number of domestic violence calls investigated.

“(E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children.

“(F) The type and extent of the abuse.

“(G) The number and type of weapons involved.

“(H) The action taken by the law enforcement officer.

“(I) The existence of any prior court or military orders issued to the parties.

“(J) The number of domestic violence calls alleging a violation of a military no contact order or a protective order involving the parties.

“(K) The number of arrests involving the parties for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military protective order.

“(L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.

“(f) Contact prohibitions.—(1) Unless there is a waiver by the victim, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested—

“(A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; and

“(B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or commanders, to contact the alleged victim.

“(2) Unless there is a waiver by the victim under paragraph (1), a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgment on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody.

“(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver.

“(4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence.

“(g) Conditional release.—A person arrested and taken into custody for a domestic violence incident is eligible for conditional release. Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgment under subsection (f)(2).

§ 1568. Domestic violence: prosecution policies

“The Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses under the military justice system. Those policies shall include the following:

“(1) A policy that a recommendation of a judge advocate that a domestic violence incident not be prosecuted should not be based—

“(A) solely upon the absence of visible indications of injury;

“(B) consent of the victim;

“(C) consideration of the relationship of the parties; or

“(D) the character, rank, rate, or quality of service of members of the Armed Forces, officers or employees.

“(2) A policy that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.

§ 1569. Domestic violence: annual reports

“(a) Reports to Secretaries of the Military Departments.—Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence during any year shall submit to the Secretary of the military department concerned a report of all such allegations received during the year, together with such information as the Secretary may require, including the following:

“(1) The number of arrests for domestic violence incidents in that judge advocate’s command, compiled and furnished by military law enforcement and military criminal investigators.

“(2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents.

“(3) A listing of the number of arrests, prosecutions, and convictions under paragraphs (1) and (2) shall include categories by statutory reference of offenses under chapter 47 of this title (the Uniform Code of Military Justice) and include totals for all categories.

“(b) Reports to the Secretary of Defense.—Not later than January 1 of each year, the Secretaries of the military departments shall submit to the Secretary of Defense a report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the Armed Forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year.

“(c) Reports to congress.—Not later than January 15 of each year, the Secretary of Defense shall submit to Congress a report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the Armed Forces and officers and employees of the Department of Defense during the preceding year.”.

(b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new items:


“1567. Domestic violence: responsibilities of military law enforcement officials.

“1568. Domestic violence: prosecution policies.

“1569. Domestic violence: annual reports.”.

(c) Deadline.—The Secretary of Defense shall prescribe in regulations the procedures to carry out sections 1567 through 1569 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act.

(d) Conforming repeal.—

(1) REPEAL.—Section 1058 of title 10, United States Code, is repealed.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1058.

SEC. 303. Investigation of sexual and domestic violence cases involving Department of Defense personnel.

(a) Establishment.—Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:

§ 145. Director of Special Investigations

“(a) Appointment.—There is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among persons who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking.

“(b) Senior executive service position.—The position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5.

“(c) Duties.—Subject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe.

“(d) Direct Investigations.—The Director shall review an investigation of an allegation of sexual misconduct, sexual assault, family violence, stalking, or domestic violence—

“(1) if requested—

“(A) by the director of the Office of Veterans Affairs;

“(B) by an investigative organization of the Department of Defense or one of the military departments; or

“(i) by a commander of a member of the Armed Forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or

“(2) in any case that the Secretary directs the Director to investigate.

“(e) Oversight and quality control of other investigations.—(1) The Director shall review the status of an investigation that is referred under subsection (d).

“(2) In carrying out paragraph (1), the Director may review the records of the investigation and observe the conduct of the ongoing investigation.

“(3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, an evaluation of each investigator and the investigative organization involved in the investigation, and a recommendation for the future conduct of the investigation.

“(f) Powers.—In the performance of the duties set forth or authorized in this section, the Director shall have the following powers:

“(1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director.

“(2) To request such information or assistance as may be necessary for carrying out the Director’s duties from any Federal, State, or local governmental agency or unit thereof.

“(3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director’s duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.

“(4) To serve subpoenas, summons, and any judicial process related to the review of an investigation.

“(5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the review of an investigation.

“(6) To obtain for the victim in the case under review in the investigation from any military command a military protection order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim.

“(7) To refer to a victim advocate for assistance in obtaining services for any victim in the case under review.

“(8) To request the appropriate commander to take action to relocate the victim during an investigation in order to ensure the safety of a victim.

“(g) Referrals for prosecution.—(1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to an appropriate commander for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action.

“(2) The Director shall report each such referral to the Secretary of Defense.

“(h) Staff.—The Director shall have access to—

“(1) investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking;

“(2) attorneys sufficient to provide the Director, the criminal investigators, and the Director’s other staff personnel with legal counsel necessary for the performance of the duties of the Director; and

“(3) such other staff as is necessary for the performance of the Director’s duties.”.

(b) Clerical Amendment.—The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item:


“145. Director of Special Investigations.”.

SEC. 311. Assimilative crimes.

Section 13 of title 18, United States Code, is amended by adding at the end the following:

“(d) For purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district for conduct that constitutes 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 law of that jurisdiction.”.

SEC. 312. Jurisdiction for sexual assault and domestic 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 misconduct, domestic violence, stalking, or family violence offense” after “year”.

(b) Definitions.—Section 3267 of such title is amended by adding at the end the following new paragraphs:

“(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 conduct involving sexual harassment that in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary 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, sexual 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 himself or herself or a member of his or her immediate family; and

“(B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family.”.

SEC. 316. Domestic violence and family violence.

(a) Assault.—Section 928(b) of title 10, United States Code (article 128(b) of the Uniform Code of Military Justice), is amended—

(1) by striking “or” at the end of paragraph (1);

(2) by inserting “or” at the end of paragraph (2); and

(3) by inserting after paragraph (2) the following new paragraph:

“(3) commits an assault involving domestic violence 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 subsection:

“(c) In this section, the term ‘assault involving domestic 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 inflicts 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—

“(A) places a person in reasonable fear of imminent bodily injury to that person or to another;

“(B) harasses or intimidates a spouse, intimate partner, or family member or person related 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:

(1) For an assault involving domestic violence or family violence if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement 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 allowances, and confinement for 30 years.

(3) For an assault involving domestic violence or family violence if serious bodily injury to the victim results or if the accused uses a dangerous weapon, 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 allowances, and confinement for 10 years.

SEC. 317. Protective orders.

(a) Enforcement of protective orders.—Section 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 following 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 following 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

“(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.

SEC. 321. Enhanced capacity of the Department of Defense for treatment services for perpetrators.

(a) Contracts authorized.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Undersecretary of Defense for Personnel and Readiness, may enter into contracts with eligible entities for the provision of treatment services, including a batterers program, for members of the Armed Forces who have been assessed to have committed domestic violence, family violence, sexual assault, or stalking.

(2) DEFINITIONS.—In this section:

(A) ELIGIBLE ENTITIES.—The term “eligible entity” means a public or private, nonprofit or nongovernmental entity the primary purpose of which is to provide treatment services to perpetrators of domestic violence, family violence, sexual assault, or stalking.

(B) BATTERERS PROGRAM.—The term “batterers program” means a program approved 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 and the goal of which is to help perpetrators end abusive behaviors.

(b) Terms of contract.—A contract awarded under this section shall provide that the entity awarded the contract—

(1) may provide for collaboration with existing services in the civilian community for the provision of appropriate treatment services;

(2) when appropriate treatment services are not available in the civilian community or are not accessible, may provide such services on military installations;

(3) shall not, under the contract, provide couple counseling or mediation, but may provide referrals for such counseling or mediation upon successful completion of a certified batterers program and at the request of the victim.

(c) Terms of batterers program.—The Secretary shall ensure that the batterers program shall have policies regarding—

(1) referrals for those for whom a batterers program is not appropriate;

(2) suicide and homicide threats by clients; and

(3) confidentiality, in accordance with standards prescribed by the Secretary.

(d) Application.—An eligible entity that desires 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 requirements specified in this section.

(e) Treatment standards.—The treatment program under the batterers program must meet the following standards:

(1) All treatment shall be based upon a full, complete clinical assessment, including—

(A) current and past violence history relating to domestic violence, family violence, sexual assault, or stalking;

(B) a complete diagnostic evaluation;

(C) a substance abuse assessment; and

(D) criminal history.

(2) All treatment shall be based on a treatment plan that adequately and appropriately addresses treatment needs of the individual.

(3) The program shall require the perpetrator to review the following notices:

(A) A notice that the program will inform the victim and victims’ advocate that the perpetrator is in treatment.

(B) A notice that prior and current treatment agencies will provide information on the perpetrator to the program.

(C) A notice that the program will provide relevant information on the perpetrator to relevant legal and military entities.

(4) Treatment of a perpetrator must be for a minimum treatment period established by the Secretary by regulation.

(5) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by the Secretary, and not just upon the end of a certain period of time or attendance of the perpetrator at a certain number of sessions.

(6) The program shall have a policy and procedures for dealing with recidivism.

(7) The program shall have a policy and procedures for dealing with noncompliance.

(8) All evaluation and treatment services shall be provided by, and under the supervision of, qualified personnel.

(f) Duration of contracts.—A contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed.

(g) Reports.—An entity awarded a contract under this section shall submit to the Secretary every six months a report that describes, at a minimum—

(1) how the funds under the contract were used;

(2) the extent to which military personnel were served;

(3) the adequacy of staff training and services;

(4) the existence of barriers to the provision of services;

(5) pertinent and appropriate factors concerning perpetrators in the program, including age, education, income, marital status, number of children and their ages, any substance abuse, and personal history of family violence;

(6) the total number of persons referred to the program, and the referral source;

(7) total number of persons determined to be inappropriate for services and reasons therefor; and

(8) the number of persons participating in the program, the number completing the program, the number failing to complete the program, and reasons therefor.

(h) Applicability of certain definitions.—The definitions in section 102 of title 10, United States Code, as added by section 101(a), apply to this section.

SEC. 322. Sex offender treatment program.

(a) Definition.—In this section, the term “sex offender treatment program” means a program approved or certified by a State that is operated by a public or nonprofit organization for the purpose of providing treatment services for sex offenders.

(b) Terms of contract.—A contract awarded under this section shall provide that the sex offender treatment program awarded the contract—

(1) may provide for collaboration with existing services in the civilian community for the provision of appropriate treatment services;

(2) when appropriate treatment services are not available in the civilian community or are not accessible, may provide such services on military installations.

(c) Qualified Treatment Providers.—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness shall ensure that the providers of sex offender treatment in the contracted program meet the licensing or certification standards of the State in which services are provided. The treatment providers shall—

(1) have education, training and experience in the evaluation, treatment and management of individuals who sexually offend;

(2) possess a graduate degree and possess a minimum of 2000 hours of clinical assessment and treatment of sexual abusers and obtain annual continuing education in the field of sexual abuse; and

(3) adhere to the professional conduct code of their clinical profession.

(d) Treatment Standards.—The sex offender treatment program for contracted sex offender treatment shall—

(1) utilize psychosexual evaluations—

(A) to determine an offender’s risk to reoffend;

(B) to identify dynamic risk factors; and

(C) to develop appropriate treatment and supervision plans;

(2) provide interventions that are—

(A) designed to assist the offender to manage thoughts, feelings, attitudes, and behaviors associated with their risk to reoffend;

(B) utilize recognized treatment modalities that are considered most effective in reducing rates of reoffense; and

(C) manage offenders in the community utilizing a risk management team approach.

SEC. 401. Research on best practices to overcome stigma related to military sexual trauma.

It is the sense of Congress that the Secretary of Veterans Affairs, in cooperation with Secretary of Defense, should conduct research into best practices that allow veterans who have been victims of sexual assault while in the Armed Forces to overcome stigma in order to report the crime, seek treatment, and recover.

SEC. 402. Training for Department of Veterans Affairs primary care providers.

(a) Training required.—The Secretary of Veterans Affairs shall ensure that all primary care providers who are employed by the Department of Veterans Affairs (or who treat veterans for the Department on a fee or contract basis) receive training in—

(1) effective screening methods for identifying veterans who have suffered from military sexual trauma; and

(2) the process for referring for appropriate treatment and services veterans who are so identified.

(b) Current providers.—For those primary care providers referred to in subsection (a) who are employed as of the date of the enactment of this Act and who have not previously received the training described in such subsection, such training shall be completed not later than the end of the one-year period beginning on the date of the enactment of this Act.

(c) Elements of training.—The training under subsection (a) shall require that all primary care providers to be able to do the following:

(1) Describe the Department of Veterans Affairs mandate and the prevalence of military sexual trauma.

(2) Describe the relevance of military sexual trauma to Department of Veterans Affairs clinicians.

(3) Identify the health correlates of sexual trauma.

(4) Explain the effective screening methods for military sexual trauma.

(5) List the steps to be taken by a clinician when responding to disclosure of military sexual trauma.

(6) Explain the referral process of a patient who experienced military sexual trauma to mental health and social services.

(7) Describe the mental health treatment for military sexual trauma.

(8) Describe the documentation requirements for military sexual trauma treatment and compensation.

(9) Explain the compensation issues associated with military sexual trauma.

(10) Describe the complex patient-provider relationship issues associated with military sexual trauma.

(11) Identify the risk factors that could cause post-traumatic stress disorder flares in military sexual trauma survivors.

(12) Define revictimization.

(13) Assess intimate partner violence.

(14) Describe treatment of acute sexual trauma victims.

(15) Recognize how clinicians can care for themselves and avoid burnout.

SEC. 403. Pilot program on ways to identify veterans who are victims of military sexual trauma.

(a) Pilot program.—The Secretary of Veterans Affairs shall conduct a pilot program to identify effective ways of screening and referral processes for primary care providers to identify veterans who are victims of military sexual trauma.

(b) Duration.—The pilot program under this section shall be commenced not later than six months after the date of the enactment of this Act and shall be conducted for a period of three years.

(c) Report.—Not later than one year after the date of the completion of the pilot program under this section, the Secretary shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s evaluation of the pilot program.

SEC. 404. Pilot program on treatment of active-duty military personnel through facilities of the Department of Veterans Affairs.

(a) Pilot program.—The Secretary of Veterans Affairs shall conduct a pilot program with the Secretary of Defense under which active-duty military personnel who are victims of military sexual trauma may be provided confidential treatment for such trauma through facilities of the Department of Veterans Affairs. The pilot program shall be carried out pursuant to a memorandum of agreement between the two Secretaries.

(b) Duration.—The pilot program under this section shall be commenced not later than six months after the date of the enactment of this Act and shall be conducted for a period of three years.

(c) Report.—Not later than one year after the date of the completion of the pilot program under this section, the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s evaluation of the pilot program.

SEC. 501. Performance evaluations and benefits.

The Secretary of Defense and the Secretary of the military department concerned may not approve for presentation of a financial award for performance of work or duties, and may not approve for promotion, an officer or employee of the Department of Defense or a member of the Armed Forces who—

(1) has been convicted of a criminal offense involving domestic violence, family violence, sexual assault, or stalking (as those terms are defined in section 102 of title 10, United States Code); or

(2) has received any other disciplinary action or adverse personnel action on the basis of having engaged in domestic violence, family violence, sexual assault, or stalking.

SEC. 502. Closure of article 32 investigations in cases of sexual assault or domestic violence.

Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

“(f) In an investigation under this article that includes a charge or specification (or an uncharged offense included in the investigation pursuant to subsection (d)) of sexual assault or domestic violence, the investigating officer shall give particular consideration to closing the investigation to the public.”.

SEC. 511. Amendments to Servicemembers Civil Relief Act.

(a) Exception to authority To order stays in civil proceedings.—Section 202(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(b)(1)) is amended by inserting “, except in the case of an order of protection or restraining order,” after “proceeding”.

(b) Change in references from “dependents” to “family members”.—

(1) Section 101(4) of such Act (50 U.S.C. App. 511(4)) is amended—

(A) in the heading, by striking “Dependent” and inserting “Family member”; and

(B) by striking “dependent” and inserting “family member”.

(2) Such Act is further amended by striking “dependent” and “dependents” each place they appear and inserting “family member” and “family members”, respectively.

(3)(A) The heading for section 308 of such Act (50 U.S.C. App. 538) is amended to read as follows:

§ 308. Extension of protections to family members.”.

(B) The item relating to such section in the table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended to conform to the amendment made by subparagraph (A).

SEC. 521. Research on sexual assault, domestic violence, and family violence in the Armed Forces.

(a) In general.—The Secretary of Defense, in conjunction with the Attorney General, shall carry out a comprehensive research study on the prevalence and nature of sexual assault, domestic violence, and family violence in the Armed Forces. To the extent that incidents of sexual assault are also incidents of domestic violence or family violence, research activities for the purpose of the study under this section can be conducted simultaneously and in collaboration. The research study shall include the identification of—

(1) the common characteristics (if any) of victims of sexual assault, domestic violence, and family violence;

(2) the common characteristics (if any) of perpetrators of sexual assault, domestic violence, and family violence;

(3) the situations and environments in which sexual assault, domestic violence, and family violence occur; and

(4) the affect of deployments, duty stations, combat service, and veteran and active duty status on sexual assault, domestic violence, and family violence.

(b) Categorization of data.—The research study under this section shall be conducted with statistically significant random samples of men and women who are actively serving in each of the Armed Forces. The selection shall include enough men and women so that the data 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.

(c) Protection of human subjects.—The Secretary shall ensure the confidentiality of each survey participant.

(d) Data analysis and reporting.—Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of sexual assault, family violence, and domestic violence within the Armed Forces.

(e) Report.—Not later than 36 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:

(1) The incidence and prevalence of sexual assault, family violence, and domestic violence involving members of the Armed Forces.

(2) The number of legal, judicial, nonjudicial, and rehabilitative responses to sexual assault and domestic violence, disaggregated by service.

(3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.

(4) A review of the availability and accessibility of the prevention and intervention programs available to members of the Armed Forces and their families and partners and the effectiveness of those programs at increasing victim safety.

(5) Recommendations for improvements to Department of Defense procedures and programs to prevent and intervene in cases of sexual assault, family violence, and domestic violence involving members of the Armed Forces.

SEC. 522. Research on institutional procedures for reporting sexual assault, domestic violence, and family violence in the Armed Forces.

(a) Study required.—The Secretary of Defense shall provide for a study to examine procedures undertaken after a military official receives a report of an incident of sexual assault, domestic violence, or family violence. The study shall be undertaken in consultation with the Attorney General.

(b) Matters To be included.—The study under subsection (a) shall include an analysis of the following:

(1) The adequacy of the publication of the definition applicable to the Armed Forces of each of the following terms: sexual assault, domestic violence, and family violence.

(2) The publication of the Armed Forces policy for sexual assault, domestic violence, and family violence.

(3) The individuals to whom reports of sexual assault, domestic violence, and family violence are given most often and—

(A) how those individuals are trained to respond to such reports; and

(B) the extent to which those individuals are trained.

(4) The reporting options that are presented to persons as available to them if the become a victim of sexual assault, domestic violence, and family violence, both as to—

(A) reporting and procedure options on military installation; and

(B) reporting and procedure options outside of military installations.

(5) The resources available for victims’ safety, support, medical health, and confidentiality.

(6) Policies and practices that may prevent or discourage the report of sexual assaults, domestic violence, and family violence to local crime authorities or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of sexual assault, domestic violence, and family violence.

(7) Policies and procedures found successful in aiding the report, and any ensuing investigation or prosecution, of sexual assault, domestic violence, or family violence.

(c) Report to congress.—The Secretary shall submit to Congress a report on the study required by subsection (a) not later than one year after the date of the enactment of this Act.

SEC. 523. Research on dating violence associated with the Armed Forces.

(a) Study required.—The Secretary of Defense shall carry out a comprehensive research study on the prevalence and nature of intimate partner violence in the Armed Forces, including dating violence and violence among former spouses or partners who are cohabiting with or have cohabited with members of the Armed Forces. The study shall be carried out in cooperation with the Attorney General.

(b) Matters To be included.—The study under subsection (a) shall include the identification of the common characteristics of—

(1) both victims of intimate partner violence and perpetrators of intimate partner violence;

(2) the situations and environments in which intimate partner violence occurs; and

(3) the effect of deployments, duty stations, combat service, and veteran, reserve or active duty, or combat status.

(c) Categorization of data.—The study under subsection (a) shall be conducted with statistically significant random samples of men and women who are actively serving in each branch of the Armed Forces and family members. 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.

(d) Confidentiality of subjects.—The Secretary shall ensure the confidentiality of each survey participant.

(e) Data analysis and reporting.—Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of intimate violence within the Armed Forces, prevention, intervention and response, and needs of victims of intimate partner violence.

(f) Report.—Not later than 36 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:

(1) The incidence and prevalence of intimate partner violence involving members of the Armed Forces.

(2) A discussion of the prevention and intervention available to intimate partners of members of the Armed Forces.

(3) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to intimate partner violence and how those responses vary across the services.

(4) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.

(5) A review of the availability and accessibility of the prevention and intervention programs available to victims who are members on active duty and victims who are civilians and the effectiveness of those programs at increasing victim safety.

(6) Recommendations for improvements to Department of Defense procedures and programs to prevent and intervene in cases of intimate partner violence.

SEC. 524. Research on child maltreatment, abuse, and homicide in the Armed Forces.

(a) Study required.—The Secretary of Defense shall carry out a comprehensive research study on the prevalence and nature of child maltreatment, abuse, suicide, and homicide in the Armed Forces. The study shall be carried out in cooperation with the Secretary of Health and Human Services. The study shall include the identification of the common characteristics of—

(1) both victims and perpetrators of child maltreatment, abuse, or homicide associated with the Armed Forces; and

(2) the situations and environments in which child maltreatment, abuse, suicide, or homicide occurs.

(b) Sampling techniques.—The research study under subsection (a) shall be conducted with statistically significant random samples. The selection shall include data collected across several broad subgroup categories, such as age, race, status, and rank in the Armed Forces.

(c) Confidentiality.—The Secretary shall ensure the confidentiality of each survey participant.

(d) Data analysis and reporting.—Once data have been collected, the Secretary shall conduct appropriate analyses to determine the extent and nature of child maltreatment, abuse, suicide, and homicide within the Armed Forces.

(e) Report.—Not later than 24 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report providing the results of the study under this section. The report shall include the following:

(1) The incidence and prevalence of child maltreatment, abuse, suicide, and homicide involving members of the Armed Forces.

(2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to child maltreatment, abuse, suicide, and homicide and how those responses vary across the services.

(3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender.

(4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victims of child maltreatment, abuse, suicide, and homicide within the Armed Forces.

(5) Recommendations for a comprehensive strategy for prevention and intervention in cases of child maltreatment, abuse, suicide, and homicide.