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Awareness, prevention, and intervention campaign Title VII—Medical care and treatment for victims of sexual and domestic violence Sec. 701. Findings Sec. 702. Enhanced Department of Defense treatment capacity Sec. 703. Outreach program at the community level Sec. 704. Equal treatment and services Sec. 705. Evaluation o...
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709. Privacy safeguards Title VIII—Military-Civilian Shelter Programs Sec. 801. Enhanced capacity of the Department of Defense for shelter programs and services Title IX—Enhancement of Armed Forces Domestic Security Act Sec. 901. Amendments to Servicemembers Civil Relief Act Title X—Crimes Related to Sexual Assault and...
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1004. Travel and transportation Subtitle B—Uniform Code of Military Justice Sec. 1011. Military sexual assault Sec. 1012. Stalking Sec. 1013. Domestic violence and family violence Sec. 1014. Protective orders Title XI—Victim’s Rights and Restitution Sec. 1101. Military law enforcement and victims’ rights Sec. 1102. Inc...
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Records of military justice actions Sec. 1106. Technical amendments relating to fatality review panels Sec. 1107. Enhanced capacity of the Department of Defense for victim services Title XII—Counseling and Treatment Programs of Department of Veterans Affairs Sec. 1201. Permanent authority for counseling and treatment o...
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Enhancement of readjustment counseling services for reserve component members Title XIII—Enhancement of Treatment Services for Perpetrators Sec. 1301. Enhanced capacity of the Department of Defense for treatment services for offenders Title XIV—Prevention and Intervention Training in the Department of Defense Sec. 1401...
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Research on domestic violence associated with the Armed Forces Sec. 1504. Research on institutional procedures for reporting domestic violence in the Armed Forces Sec. 1505. Research on dating violence associated with the Armed Forces Sec. 1506. Research on sexual violence perpetrated upon civilians Sec. 1507. Research...
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Summit activities Sec. 1605. Authorization of appropriations Title XVII—Conference on Sexual Assault and Domestic Violence Sec. 1701. Establishment Sec. 1702. Conference participants Sec. 1703. Conference activities Sec. 1704. Authorization of appropriations 2. Definitions In this Act: (1) Domestic violence The term ...
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(2) Family violence The term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ). (3) Sexual assault The term sexual assault means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs...
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(4) Sexual misconduct The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), comprises...
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and (ii) 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....
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as 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 reasonabl...
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(6) Armed forces The term Armed Forces has the meaning provided in section 101(a)(4) of title 10, United States Code. (7) 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 esta...
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(8) Victims’ advocates program The term victims’ advocates program means a program established within a military department pursuant to section 534(a) of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (9) Victim The term victim means a person who is a victim of domestic violence, f...
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(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 perso...
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(10) Victim services The term victim services organization means a nonprofit, nongovernmental organization or a public, nonprofit organization acting in a nongovernmental capacity that assists domestic violence, family violence, or sexual assault victims, including women’s centers, rape crisis centers, battered women’...
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(11) Dating violence The term dating violence means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of— (i) the length of the relationship; (...
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(12) Electronic communication The term electronic communication has the meaning given that term in paragraph (12) of section 2510 of title 18, United States Code. (13) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the V...
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(14) Transitional housing The term transitional housing includes short-term housing and has the meaning given that term in section 424(b) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11384(b) ). (15) Complaint The term complaint , with respect to an allegation of family violence, sexual assault, stalking...
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(16) 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 the Uniform Code of Military Justice ( chapter 47 of title 10, United States Code) or to trial thereunder.
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(17) 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 the goal of which is to help clients end abusive behaviors and components of which in...
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and (B) a long-term group that helps end the violent behavior of its participants with formal linkages to the local criminal justice systems and to area domestic violence services. (18) Representative of the victim The term representative of the victim means, with respect to a victim, any of the following: (A) The sur...
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(E) The public administrator appointed by a probate court, if one has been appointed. (19) 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, where the existence of such a relationship is determined based on a con...
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(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. 3. Findings relating to domestic violence within the Armed Forces Congress makes the following findings: (1) The prevalence of intimate partner viol...
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(2) In a survey of intimate partner violence among married members of the Armed Forces, approximately 30 percent of the respondents who acknowledged using a knife or gun on an intimate partner were single service members. Thirty-three percent of never-married soldiers reported using a knife or a gun; however only five ...
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(4) Several studies commissioned by the Department of Defense have concluded that the Department and its service branches have failed to standardize data collection and that data related to recidivism and reoffense are unreliable. Underreporting, informal handling, and slippages in central data collection have also bee...
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(5) The victims of intimate partner violence associated with the Armed Forces are particularly vulnerable due to isolation, mobile residency, financial insecurity, and fear of adverse career consequences and impact, with resultant severe underreporting of incidents and the failure to access services, care, and treatmen...
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A study conducted by the Department of Defense concluded that 33 percent of the offenders were involved in mutual abuse. The identification of the primary aggressor is essential to the safety of a victim. (8) The victims of family violence are vulnerable to eviction from military housing. Department of Defense data ind...
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The rehabilitative, nonjudicial, legal, and judicial responses to family violence are not standardized or comprehensive for the Armed Forces. (10) The Department of Defense has acknowledged multiple barriers to operating programs to curtail intimate partner violence, including lack of awareness and understanding in the...
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(11) Commander discretion plays a major role in a zero tolerance climate, victim safety, and offender accountability. Command support and training by professionals in the fields of family violence and sexual assault would enhance the readiness of the Armed Forces. (12) The rates of domestic violence among members of th...
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(14) A review of homicides within the Armed Forces indicates that firearms were used against 35 percent of female victims, while 28 percent of female victims were beaten or strangled. Females were over ten times more likely than males to be strangled. The study concluded that active-duty females were at increased risk ...
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(16) A study commissioned by the Department of Defense concluded that 75 to 84 percent of active-duty offenders were discharged honorably. (17) The health and welfare of Armed Forces personnel, families, and partners would be greatly enhanced by elimination of domestic and family violence. 4. Findings relating to sexua...
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(2) The most recent estimates suggest that sexual misconduct in the Armed Forces has decreased from 6 percent of female respondents reporting a completed or attempted rape to 3 percent of female respondents reporting the same. (3) Department of Defense surveys have ranked the prevalence of sexual misconduct among the s...
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(4) A survey by the Department of Veterans Affairs concluded that 30 percent of female veterans report an attempted or completed rape during active duty. Thirty-seven percent of the women who reported an attempted or completed rape had been raped more than once, while 14 percent of the victims reported being gang raped...
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(6) Men accounted for 22 percent of those seeking treatment for sexual trauma at the Veterans’ Centers in 1996, an increase from 13 percent in 1994. The percentage of male sexual trauma victims, 9 percent, is significantly higher than in the civilian community. (7) Eight percent of female Persian Gulf War veterans in a...
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(8) In a survey of veterans seeking disability benefits from the Department of Veterans Affairs for post-traumatic stress disorder (PTSD), 6.5 percent of male combat veterans reported an in service or post service sexual assault, while 16.5 percent of noncombat veterans reported an in service or post service sexual ass...
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(9) The military environment is more powerfully associated with risk than individual factors, encompassing young women entering male dominated working groups at lower levels of authority, sexual harassment by officers, and unwanted advances on duty and in sleeping quarters. (10) The prior victimization of the female se...
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(12) The response of the Armed Forces is predominantly an administrative intervention rather than criminal investigations, charges, and judicial proceedings. (13) The overlap of physical, sexual, and emotional abuse is routinely found in studies and case histories of survivors. Research relative to active duty military...
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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: 90 Office of the Victims’ Advocate 1811. Office of the Victims’ Advocate: establishment 1812. Office of the Victims’ Advocate: responsibilities 1813. Office...
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Office of the Victims’ Advocate: victim protection actions 1817. Office of the Victims’ Advocate: victims advocates whistleblower protections 1818. Office of the Victims’ Advocate: annual assessment 1819. Office of the Victims’ Advocate: annual reports 1820. Office of the Victims’ Advocate: policy implementation 1821. ...
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(b) Victim Defined In this chapter, the term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (1) by or upon a member of the armed forces; (2) by or upon a family member of a member of the armed forces; (3) by or upon a person who sh...
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(5) by or upon a person similarly situated to a spouse of a member of the armed forces; or (6) 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. 1812. Office of ...
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(2) The Office shall contract victim advocates in the Department of Defense for purposes of victims’ advocates programs in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). In awarding contracts under this paragraph, the Director shall— (A)...
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(C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; and (D) ensure that the victim advocates have received specialized training in the counseling and support of victims and that each victim advocate meets the following requirements: (...
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(ii) Has at least 40 hours of training as specified by regulations prescribed by the Director, including training in the following areas: (I) History of domestic violence and sexual assault. (II) Civil, criminal and military law as it relates to domestic violence and sexual assault. (III) Societal attitudes. (IV) Peer ...
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(XI) Referral services available to victims. (3) The Office shall serve as headquarters program manager for the Victims’ Advocates Program in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (4) The Office shall obtain for any victim of do...
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and other mental health services appropriate for treatment, including— (A) injuries resulting from domestic violence, sexual assault or stalking; (B) rape evidence kits; (C) DNA screening and testing; (D) sexually transmitted diseases screening and treatment; (E) HIV screening and treatment; (F) pregnancy testing; (G) ...
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(5) The Office shall coordinate and facilitate services within the military departments for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (6) The Office shall coordinate programs and activities of the military departments relative to services and treatment for victims of dom...
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(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 vio...
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(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 installation hotlines for victims of domestic violence, family violence, sexual assault, or stalking. (6) Annu...
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(8) Serve or designate a person to serve on the interdisciplinary councils under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (9) Serve or designate a person to serve on the fatality review panels established by the Secretary of Defense under sectio...
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(c) Policy responsibilities (1) The Director shall recommend to the Secretary of Defense and the Secretaries of the military departments a comprehensive policy on prevention and intervention to domestic violence, family violence, sexual assault and stalking involving members of the armed forces, families, and partners...
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(G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of domestic violence, family violence, sexual assault, or stalking. (H) Disposition of victims of domestic violence, family violence, sexual assault, or stalking, including review by appropriate authority of ad...
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(J) Liaison and collaboration with civilian agencies on the provision of services to victims of domestic violence, family violence, sexual assault, or stalking. (K) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of domestic violence, family violen...
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The policy shall be based on— (A) a review of— (i) the Department of Defense Task Force on Care for Victims of Sexual Assaults; and (ii) the Defense Task Force on Domestic Violence; and (B) such other matters as the Secretary, in consultation with the Director of the Office of the Victims’ Advocate, considers appropria...
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(4) The Office shall establish protective provisions and protocols, including a privacy privilege and nondisclosure policy. (5) The Office shall prescribe regulations to establish responsibilities of military law enforcement officials at the scene of domestic violence, as defined by section 1058 of this title, and fata...
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(d) Education and training responsibilities (1) The Office shall conduct training for and provide technical assistance to— (A) commands; (B) victim advocates; (C) Family Advocacy Programs; (D) victim witness assistance; (E) commissions; liaisons; (F) judge advocates; and (G) law enforcement and security forces of the ...
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(2) The Office shall conduct annual, Defense-wide, mandatory training for— (A) command staff; first responders, including commanders; (B) law enforcement; (C) security forces; (D) victim advocates; (E) military criminal investigators; (F) Family Advocacy Programs; (G) sexual assault nurse examiners; (H) rape crisis adv...
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(3) The Office shall conduct train-the-trainer sessions to supplement annual mandatory training for first responders and command staff with quarterly training within commands. (4) The Office shall conduct programs of public education, including the development and distribution of brochures, booklets, posters, and handb...
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Office of the Victims’ Advocate: Director and staff (a) Director (1) The Director of the Office shall be a person with knowledge of victims’ rights, advocacy, social services, and justice within Federal, State, and military systems. (2) The Director shall be a civilian qualified by training and expertise to perform t...
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The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5. (5) The Secretary of Defense shall consult with the interdisciplinary council established under section 201 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act ...
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Personnel shall be qualified by training, certification, and expertise to perform the duties of a victim advocate. (2) Victim advocates shall be civilians qualified by training, expertise, and certification to perform the responsibilities of the position, possessing a significant level of knowledge relative to the arme...
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(4) The Director shall consult with the interdisciplinary councils established under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the contracting of victim advocates. (5) To the maximum extent practicable, the victim advocates shall be generally r...
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(d) Staff (1) Staff shall be provided to carry out the responsibilities of the Office, including sexual assault nurse examiners, community liaisons, trauma specialists, perpetrator behavioral specialists, and such other personnel as may be required to carry out the provisions of this section. (2) To the maximum extent...
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Office of the Victims’ Advocate: access (a) Access to senior officials The Director of the Office shall have direct and prompt access to the Secretary of Defense, the Secretary of each military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (b) Acc...
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(2) Written reports of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by the military departments. (3) Records required to maintain the responsibilities assigned to the Office. (4) Records of law enforcement, criminal investigative organizations, health care providers, and c...
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(c) Confidentiality To the extent that any information referenced in this section provides the name and address of an individual who is the subject of any confidential proceeding, that name and address or related information that has the effect of identifying such individual shall not be released to the public without...
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(2) To have access to records held by the clerk of courts, law enforcement, agencies, and institutions, public or private, and other agencies or persons with whom a particular case has been examined, including the right to inspect, copy, and subpoena such records. (3) To take whatever steps are appropriate to see that ...
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(4) To establish policies, procedures, and practices in order to protect the privacy and confidentiality of communications for persons seeking information and services with victim advocates and victim witness liaisons contracted by and assigned to the Office. (b) Confidentiality (1) Except as provided in paragraph (2)...
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The Office may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Office may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in ...
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(2) If release of information referred to in paragraph (1) is compelled by statutory or court mandate, the Office 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 Office shall take steps nece...
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(3) The Office may share nonpersonally identifying data in the aggregate regarding services to the Office’s clients and nonpersonally identifying demographic information in order to comply with armed forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. (4) The Office may...
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(2) A home or other physical address, including street name and name of city or town. (3) If a member or former member of the armed forces— (A) active duty, reservist, guard, or veteran status; (B) assigned rate or rank; (C) duty station or deployment status; and (D) squad, unit, platoon, ship, fleet, wing, squadron, c...
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(4) An email address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address. (5) A telephone number. (6) A Social Security Number. (7) An Internet Protocol (IP) address or host name that identifies an individual. (8) A persistent ide...
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(9) Any 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 identif...
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Office of the Victims’ Advocate: victim protection actions (a) Orders of protection The Office of the Victims’ Advocate shall obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, from any military command a no contact order or from a court of appropriate jurisdi...
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(b) Removal of an alleged offender The Office of the Victims’ Advocate shall request from any commanding officer an order for the relocation or reassignment of an alleged offender during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim. 1817. Office of the Victims’ Advo...
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(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 ser...
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(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...
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(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...
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(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 Defens...
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(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 inves...
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(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 r...
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(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 suc...
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(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 ...
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The report shall be transmitted to the Secretary of Defense, 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 In...
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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...
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(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 o...
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(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 ...
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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 that section including a process of appeal and review of investigative findings. (2) The Secretary shall provide in the re...
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Office of the Victims’ Advocate: annual assessment (a) Data compliance and reporting The Office of the Victims’ Advocate shall compile an annual report consisting of data collected by the military departments, including Defense Incident Based Reporting System (DIBRS), Case Information System, database on domestic vio...
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(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 and intervention for domestic violence, family violence, sexual ass...
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(c) Personnel analysis The annual assessment 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 ...
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(d) Assessment of statutes and directives The annual assessment shall include a review of— (1) the Uniform Code of Military Justice, the Victims’ Rights and Restitution Act, the Violence Against Women Act, and other Federal statutes; (2) directives of the military departments; and (3) regulations of the military depar...
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Office of the Victims’ Advocate: annual reports (a) Annual reports (1) Not later than April 1, 2005, and January 15 of each year thereafter, the Director shall submit to the Secretary of Defense a report on the domestic violence, family violence, sexual assault, and stalking involving members of the armed forces duri...
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(2) Each report under paragraph (1) shall include the following: (A) 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 such report and the number of the cases s...
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(C) The policies, procedures, and processes implemented by the military departments during the year covered by such report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (D) A plan for the actions that are to be taken in the year follo...
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(3) Each report under paragraph (1) in 2006, 2007 and 2008 shall also include the assessment conducted by the Director under section 1818(b) of this title. (b) Report to Congress The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted t...
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The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any subsequent year not later than March 15 of the following year. 1820. Office of the Victims’ Advocate: policy implementation (a) Responsibility The Secretary of Defense, acting through the Office of the V...
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(b) Application of comprehensive policy to military departments The Secretary shall ensure that, to the maximum extent practicable, the policy developed under subsection (c) is implemented uniformly by the military departments. (c) Policies and procedures of the military departments (1) Not later than March 1, 2005, ...
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or stalking involving members of the armed forces in order— (A) to conform such policies and procedures to the policy developed under subsection (b); and (B) to ensure that such policies and procedures include the elements specified in paragraph (2). (2) The elements specified in this paragraph are as follows: (A) A pr...