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108hr5391ih | (B) A program to provide victim advocacy and intervention for members of the armed forces with victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. |
108hr5391ih | (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. |
108hr5391ih | (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 matters that the Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. |
108hr5391ih | (d) Report on improvement of capability to intervene in domestic violence, family violence, sexual assault and stalking
Not later than March 1, 2005, the Secretary of Defense, following consultation with the Director of the Office of the Victims’ Advocate, shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. 1821. |
108hr5391ih | Authorization of appropriations
(a) There is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victims’ Advocate in the Department of Defense. Funds available under this section shall remain available until expended. (b) Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences and other administrative costs associated with conducting activities under this section; |
108hr5391ih | (2) 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 (3) 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. |
108hr5391ih | Technical assistance and training under paragraph (3) 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.. 1811. Office of the Victims’ Advocate: establishment
(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) Victim Defined
In this chapter, the term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, |
108hr5391ih | 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 shares a child in common with a member of the armed forces; (4) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (5) by or upon a person similarly situated to a spouse of a member of the armed forces; |
108hr5391ih | 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 the Victims’ Advocate: responsibilities
(a) Coordination functions
(1) The Office shall restore access to services for victims and survivors of domestic violence, family violence, sexual assault, and stalking. |
108hr5391ih | (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) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas; |
108hr5391ih | (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: (i) Has a master’s degree in counseling or a related field or has one year of counseling experience, at least six months of which has been in the counseling of sexual assault or domestic violence victims. |
108hr5391ih | (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 counseling techniques. (V) Housing. (VI) Public and private assistance available to victims. (VII) Financial resources for victims. (VIII) Safety and protection resources for victims. (IX) Victim and transitional compensation. (X) Benefits. |
108hr5391ih | (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 domestic violence, family violence, sexual assault, or stalking referred to in this section, 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, |
108hr5391ih | 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) FDA-approved methods of pregnancy prevention, including emergency contraception; (H) reproductive services, including prenatal care and abortions as authorized by section 1093 of this title; and (I) other mental and physiological results of the domestic violence, sexual assault, or stalking. |
108hr5391ih | (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 domestic violence, family violence, sexual assault, and stalking. (b) 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 such services and treatment, with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking. |
108hr5391ih | (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. |
108hr5391ih | (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) Annual review of the victim witness assistance programs within the Department of Defense. (7) Review of complaints of persons and investigation of those where victims may be in need of or benefit from assistance from a victim advocate. |
108hr5391ih | (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 sections 4061, 6036, and 9061 of this title. |
108hr5391ih | (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. The comprehensive policy shall address the following matters: (A) Prevention measures. (B) Education and training on prevention and intervention. (C) Investigation of complaints by command and law enforcement personnel. (D) Medical treatment of victims. (E) Confidential reporting of incidents. (F) Victim advocacy and intervention. |
108hr5391ih | (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 administrative separation actions involving victims of domestic violence, family violence, sexual assault, or stalking. (I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking. |
108hr5391ih | (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 violence, sexual assault, or stalking. (2) Not later than January 1, 2005, the Secretary of Defense, acting through the Office of the Victims’ Advocate, shall develop a comprehensive policy for the Department of Defense on the prevention and intervention of domestic violence, sexual assault, family violence and stalking involving members of the armed forces. |
108hr5391ih | 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 appropriate. (3) The Office shall recommend changes in policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault and stalking based on evaluations outlined in subsection (b) and as the Director of the Office of the Victims’ Advocate considers appropriate. |
108hr5391ih | (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 fatality review panels, as defined by sections 4061, 6036, and 9061 of this title, to carry out the provisions of those sections. (6) The Office shall propose systemic reform and formal legal action to secure and ensure the legal, civil, and special rights of victims associated with the armed forces. |
108hr5391ih | (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 military departments. |
108hr5391ih | (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 advocates; (I) chaplains; (J) military health care providers; (K) judge advocates; and (L) other relevant staff. |
108hr5391ih | (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 handbooks outlining hotlines, services, contact information, policies, and protocols for victims. 1813. |
108hr5391ih | 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 the responsibilities of the Office and possessing a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The Director reports directly to the Secretary of Defense. (4) The position of Director is a Senior Executive Service position. |
108hr5391ih | 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 in the appointment of the Director. (b) Victims advocates
(1) Victims advocates positions (as defined by section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note)) shall be contracted by and assigned to the Director. |
108hr5391ih | 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 armed forces community and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The victim advocates report directly to the Director or the Director’s designee within the Office. |
108hr5391ih | (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 representative of the population of the United States with regard to race, gender, and cultural diversity. (c) Victim witness personnel
Victim witness personnel shall be assigned to the Office. |
108hr5391ih | (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 practicable, the staff of the Office shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. 1814. |
108hr5391ih | 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) Access to information
The Director shall have access to the following: (1) Name of a victim receiving services, treatment, or other programs under the jurisdiction of the military departments and the location of the victim, if in custody. |
108hr5391ih | (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 command and Family Advocacy Programs as may be necessary to carry out the responsibilities of the Office. |
108hr5391ih | (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 the consent of such individual. 1815. Office of the Victims’ Advocate: authorities and powers
(a) In general
The Office of the Victims’ Advocate shall have the following authorities and powers: (1) To communicate privately by mail or orally with any victim, survivor, or family in treatment or under protective services of a military department. |
108hr5391ih | (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 persons are made aware of the services of the Office, the purpose of the Office, and how the Office may be contacted. |
108hr5391ih | (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), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Office shall protect the confidentiality and privacy of persons receiving services. |
108hr5391ih | 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 the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the Office or for any other military, Tribal, Federal, State, or Territorial program. |
108hr5391ih | (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 necessary to protect the privacy and safety of the persons affected by the release of the information. |
108hr5391ih | (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 share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders. (c) Personally identifying information
In this section, the term personally identifying information means individually identifying information from or about an individual, including the following: (1) A first and last name. |
108hr5391ih | (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, company or battalion of the Army, Navy, Marine Corps, or Air Force. |
108hr5391ih | (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 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. |
108hr5391ih | (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 identify an individual. (d) Standards
The Office shall abide by statutory, regulatory, professional, and ethical standards established within the professions relative to confidentiality of communications, including the Health Insurance Portability and Accountability Act, the National Association of Social Workers and American Psychological Association. 1816. |
108hr5391ih | 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 jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm. |
108hr5391ih | (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’ 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. |
108hr5391ih | (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 military law enforcement, military criminal investigators, judge advocates or command; |
108hr5391ih | (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 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. |
108hr5391ih | (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. |
108hr5391ih | (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). |
108hr5391ih | (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. |
108hr5391ih | (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. |
108hr5391ih | (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. |
108hr5391ih | (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. |
108hr5391ih | 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 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. |
108hr5391ih | 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. |
108hr5391ih | (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. |
108hr5391ih | (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 not later than 120 days after the date of enactment of this section. |
108hr5391ih | 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 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). 1818. |
108hr5391ih | 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 violence as defined by section 1562 of this title, central registry of the Family Advocacy Program, military justice, criminal investigators, law enforcement, security forces and victim advocates. The data shall be collected pursuant to policies set forth by the Director of the Office. |
108hr5391ih | (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 assault and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to domestic violence, family violence, sexual assault and stalking. |
108hr5391ih | (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 victims of domestic violence, sexual assault, family violence, or stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for personnel. |
108hr5391ih | (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 departments considered appropriate by the Director 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. 1819. |
108hr5391ih | 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 during the preceding year. |
108hr5391ih | (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 so reported that were substantiated. (B) A synopsis of, and the disciplinary action taken in, each case. |
108hr5391ih | (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 following the year covered by such report on the prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces. |
108hr5391ih | (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 to the Secretary under this section, together with the comments of the Secretary on such report. |
108hr5391ih | 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 Victims’ Advocate, shall implement the comprehensive policy developed pursuant to section 1812(c) of this title. |
108hr5391ih | (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, the Secretary of Defense and Secretaries of the military departments, in consultation with the Office of the Victims’ Advocate, shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault, |
108hr5391ih | 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 program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. |
108hr5391ih | (B) A program to provide victim advocacy and intervention for members of the armed forces with victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. |
108hr5391ih | (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. |
108hr5391ih | (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 matters that the Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. |
108hr5391ih | (d) Report on improvement of capability to intervene in domestic violence, family violence, sexual assault and stalking
Not later than March 1, 2005, the Secretary of Defense, following consultation with the Director of the Office of the Victims’ Advocate, shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. 1821. |
108hr5391ih | Authorization of appropriations
(a) There is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victims’ Advocate in the Department of Defense. Funds available under this section shall remain available until expended. (b) Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences and other administrative costs associated with conducting activities under this section; |
108hr5391ih | (2) 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 (3) 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. Technical assistance and training under paragraph (3) 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. |
108hr5391ih | 102. Victims advocates
(a) Program Changes
Section 534 of National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note), is amended as follows: (1) Subsection (a)(1) is amended by striking Under Secretary of Defense for Personnel and Readiness and inserting Director of the Office of the Victims’ Advocate. |
108hr5391ih | (2) Subsection (b) is amended— (A) in the matter preceding paragraph (1), by striking dependents and inserting family members and partners ; and (B) in paragraph (2), by striking Intrafamilial sexual and inserting Sexual. (3) Paragraph (1) of subsection (d) is amended by striking provide and all that follows and inserting provide the following: (A) Crisis intervention. (B) Screening and evaluation of the needs of victims of domestic violence, family violence, sexual assault, and stalking. |
108hr5391ih | (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 those services, 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 servicemembers, family members, or partners. (G) Information on legal rights and resources for personnel, family members, or partners in both the military and civilian programs. |
108hr5391ih | (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 outlined 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. |
108hr5391ih | (N) Pre-trial, trial, and post-trial support. (O) Voting member of the Case Review Committee. (P) Serve as the liaison with civilian community-based service providers. (Q) Confidential handling of all documents or conversations relative to victim care, services, benefits, and treatment. (R) Advocacy for the expressed interest and safety of a victim during testimony in a court-martial or civilian judicial system. (S) 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. |
108hr5391ih | (T) Other appropriate assistance.. (4) Paragraph (2) of subsection (d) is amended by striking through the family advocacy programs of the military departments and inserting through the Office of the Victims' Advocate in the Office of the Secretary of Defense. (5) Such section is further amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by striking subsection (e) and inserting the following new subsections: (e) Education and training
The Secretary of Defense, |
108hr5391ih | acting through the Director of the Office of the Victims' Advocate, shall do the following: (1) 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 in consultation with the Office of the Victims’ Advocate. (2) Conduct mandatory annual training of first responders, medical personnel, command staff, military justice, and military criminal investigators. (3) Conduct and support train the trainer sessions as specified in subsection (d) of section 1812 of title 10, United States Code. |
108hr5391ih | (4) Educate the community of criminal investigators, security forces, law enforcement, organizations, schools, and health care providers, to responsibly respond to victims and perpetrators of domestic violence, family violence, sexual assault, or stalking associated with the Armed Forces and to understand— (A) domestic violence, family violence, sexual assault, and stalking and their effects on members of the Armed Forces and their family members and partners; (B) relevant laws, court procedures, and policies that affect members of the Armed Forces and their family members and partners who are victims or perpetrators of domestic violence, sexual assault, family violence, or stalking; |
108hr5391ih | (C) educate the community to identify, assess, and respond appropriately to domestic violence, sexual assault, family violence, and stalking and meet the needs of members of the Armed Forces and their family members and partners; and (D) provide appropriate resources in response to domestic violence, family violence, sexual assault, and stalking and assure that necessary services dealing with physical and mental health of victims are available. |
108hr5391ih | (f) Staffing
The Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, shall provide for the assignment of civilian personnel on a full-time basis to victims' advocates programs established under subsection (a). |
108hr5391ih | 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.. (b) Authorization of appropriations
There are authorized to be appropriated to carry out the functions of victims' advocates in the Department of Defense $5,000,000 in each fiscal years 2005 through 2009. (c) Availability
Funds appropriated under subsection (b) shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, |
108hr5391ih | the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences, and other administrative costs associated with conducting activities under this section; (2) shall use not less than 10 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; and (3) 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. |
108hr5391ih | Technical assistance and training under paragraph (3) 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. 201. 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. |
108hr5391ih | (b) Composition
(1) The Council shall consist of 12 members to be 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 (military and civilian) and persons from outside the Department of Defense. (2) 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. (3) The Secretary shall ensure that membership includes at least one judge advocate. |
108hr5391ih | (4) In appointing members to the Interdisciplinary Council, the Secretary may consult with— (A) the Attorney General regarding representation from the Office of Violence Against Women of the Department of Justice; and (B) the Secretary of Health and Human Services regarding representation from the Women’s Health Office and the Administration for Children and Families of the Department of Health and Human Services. |
108hr5391ih | (5) Each member of the Interdisciplinary Council appointed from outside the Department of Defense shall be an individual who has demonstrated expertise and experience in the fields of sexual assault, domestic violence, family violence, or stalking or shall be appointed from one of the following: (A) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (B) Civilian law enforcement. (C) A judicial policy organization. (D) A national crime victim organization. (E) A victim service organization. |
108hr5391ih | (F) A survivor of domestic violence, sexual assault, family violence, or stalking in which the perpetrator was a servicemember. (6) Members of the Interdisciplinary Council shall be appointed not later than 90 days after the date of the enactment of this Act. (7) Members of the Interdisciplinary Council shall serve for a period of two years. The membership of the Interdisciplinary Council shall be rotated by composition and appointments as defined in paragraphs (1), (2), and (5) every two years. (c) Co-Chairs
There shall be two co-chairs of the Interdisciplinary Council. |
108hr5391ih | 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
(1) 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). |
108hr5391ih | Other members of the Interdisciplinary Council shall be appointed in accordance with, and subject to, section 3161 of title 5, United States Code. (2) 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. |
108hr5391ih | (e) Installation Visits
The Director of the Office of the Victims’ Advocate shall coordinate with the Secretaries of the military departments to provide for visits to the installations. (f) Report
Not later than 18 months after the date on which all members of the Interdisciplinary Council have been appointed, the Interdisciplinary Council shall submit to the Secretary 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 servicemembers. |
108hr5391ih | 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. |
108hr5391ih | (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. |
108hr5391ih | (g) Authorization of appropriation
There are authorized to be appropriated to carry out the functions of the Interdisciplinary Council in the Department of Defense $2,000,000 for each of fiscal years 2005 through 2009. 202. Military department councils
(a) Establishment
The Secretary of each military department, in consultation with the Director of the Office of the Victims’ Advocate, shall establish interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims’ advocates program of the military department. |
108hr5391ih | (b) Composition, etc
The composition, administrative support, organization, coordination, and oversight within the interdisciplinary councils appointed by the Secretaries of the military departments shall be similar to the Interdisciplinary Council established within the Department of Defense pursuant to section 201. (c) Interdisciplinary councils at installations
The victim advocate, in consultation with the command at each military installation, shall establish a council. The composition, administrative support, coordination and oversight within the interdisciplinary councils at installations shall be similar to the Interdisciplinary Council established within the Department of Defense. 203. |
108hr5391ih | Conforming repeal
Section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note) is amended by striking subsection (c). 301. Complaints of sexual assault and domestic violence
(a) In General
Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: 1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers
(a) Action on complaints alleging sexual assault, domestic violence, |
108hr5391ih | family violence or stalking
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 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 a complaint alleging sexual assault, domestic violence, family violence, or stalking by a member of the armed forces or a civilian employee of the Department of Defense shall carry out an investigation of the matter in accordance with this section. |
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