id stringlengths 7 16 | section stringlengths 0 887 |
|---|---|
108hr5391ih | (3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director’s duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (4) To serve subpoenas, summons, and any judicial process related to the performance of any of the Director’s duties. |
108hr5391ih | (5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the Director’s duties, which oath, affirmation, or affidavit, when administered or taken by or before an employee designated by the Director, shall have the same force and effect as if administered or taken by or before an officer having a seal. (6) To have direct and prompt access to the Secretary of Defense, the Secretary of a military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. |
108hr5391ih | (7) To 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. |
108hr5391ih | (8) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence or stalking from any facility of the uniformed services or any other health care facility of the Federal Government or, by contract, from any other source, medical services and counseling and other mental health services for treating or investigating including— (A) injuries resulting from the sexual misconduct, sexual assault, domestic violence, family violence, or stalking; (B) rape evidence kits; (C) DNA collection and processing; (D) photographs of injuries; and (E) other mental and physiological results of the sexual misconduct or domestic violence. |
108hr5391ih | (9) To relocate any alleged offender during an investigation in order to ensure the safety of a victim. (h) Referrals for prosecution
(1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to— (A) a United States Attorney, or another appropriate official in the Department of Justice, for prosecution; or (B) to an appropriate commander within the armed forces for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action. |
108hr5391ih | (2) The Director shall report each such referral to the Secretary of Defense. (i) Staff
(1) The Director shall have— (A) a staff of investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking; (B) a staff of attorneys sufficient to provide the Director, the criminal investigators, and the Director’s other staff personnel with legal counsel necessary for the performance of the duties of the Director; (C) a staff of counseling referral specialists; and (D) such other staff as is necessary for the performance of the Director’s duties. |
108hr5391ih | (2) To the maximum extent practicable, the staff of the Director shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. The staff shall also reflect the race, gender, and cultural diversity of the victims filing complaints within the military departments. |
108hr5391ih | (j) Reports to director
Each member of the armed forces and each officer or employee of the Department of Defense who, in the official capacity of that member, officer, or employee, receives an allegation of sexual misconduct, sexual assault, domestic violence, family violence, or stalking shall submit to the Director notification of that allegation, together with such information as the Director may require for the purpose of carrying out the Director’s duties. |
108hr5391ih | (k) Annual report on sexual misconduct and domestic violence
Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress a report on the number and disposition of cases of sexual misconduct, sexual assault, family violence, stalking, and domestic violence by or involving members of the armed forces and officers and employees of the Department of Defense during the preceding year. (l) Definitions
In this section: (1) The term sexual misconduct includes the following: (A) Sexual harassment, |
108hr5391ih | including 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 this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to the punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; |
108hr5391ih | 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 referred to in clause (i) that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (2) The term domestic violence includes the following: (A) Domestic violence. (B) Spouse abuse. (C) Intimate partner violence. (D) Stalking. |
108hr5391ih | (E) Child abuse, neglect, and maltreatment. (3) The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.. (b) Clerical Amendment
The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 144. Director of Special Investigations. |
108hr5391ih | (c) Authorization of Appropriations
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 Director of Special Investigations in the Department of Defense. Funds available under this section shall remain available until expended. |
108hr5391ih | 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; and (2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing law enforcement, criminal justice, and investigative protocols and procedures in response to domestic violence, family violence, sexual assault, and stalking, including the Federal Law Enforcement Training Center, the American Prosecutors Research Institute, and the National District Attorneys Association. |
108hr5391ih | Technical assistance and training under paragraph (2) may be offered to elements of the Armed Forces, installations, or commands in the process of developing investigative procedures, whether they are receiving funds under this section or not. 144. Director of Special Investigations
(a) Appointment
There is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among civilians who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking. The Director reports directly to the Secretary of Defense. |
108hr5391ih | (b) Senior executive service position
The position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. (c) Duties
Subject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe. (d) Data compliance and reporting
(1) The Director shall obtain, compile, store, monitor, |
108hr5391ih | and (in accordance with this section) report information on each allegation of domestic violence, family violence, sexual assault, sexual misconduct, or stalking of a member of the armed forces or of a family member of a member of the armed forces against a member of the armed forces, against a family member of a member of the armed forces, or against a civilian not a family member of a member of the armed forces that is received by 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. |
108hr5391ih | (2) The information compiled pursuant to paragraph (1) shall include the following: (A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. (B) The number of such complaints that are investigated. (C) In the case of each complaint— (i) the organization that investigated the complaint (if investigated); (ii) the disposition of the complaint upon completion or other termination of the investigation; and (iii) the status of results of any judicial action, nonjudicial disciplinary action, or other action taken. |
108hr5391ih | (D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including— (i) the number disposed of in a court-martial; (ii) the number disposed of in a court of the United States; (iii) the number disposed of in a court of a State or territory of the United States or in a court of a political subdivision of a State or territory of the United States; (iv) the number disposed of by a plea of guilty; (v) the number disposed of by a trial on a contested basis; and (vi) the number disposed of on any other basis. |
108hr5391ih | (E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. (3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, the Committees on Armed Services and the Committees on the Judiciary of the Senate and House of Representatives, any law enforcement agency concerned, and any court concerned. The information obtained, compiled, and transmitted to Congress shall be made available via an Internet website maintained by the Department of Defense. (e) Direct Investigations
The Director shall investigate each allegation of sexual misconduct, sexual assault, family violence, |
108hr5391ih | stalking, or domestic violence referred to in subsection (d)(1)— (1) that is made directly to, or that is referred to, the Director, including such an allegation that is made or referred to the Director— (A) by a victim of the alleged sexual misconduct, domestic violence, family violence, sexual assault, or stalking who is a member of the armed forces or a family member of a member of the armed forces; or (B) by an investigative organization of the Department of Defense or one of the military departments; |
108hr5391ih | or (C) by a commander of a member of the armed forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or (2) that the Secretary directs the Director to investigate. (f) Oversight and quality control of other investigations
(1) The Director shall monitor the conduct of investigations by units, offices, agencies, and other organizations within the Department of Defense regarding allegations of sexual misconduct, sexual assault, domestic violence, family violence and stalking. |
108hr5391ih | (2) In carrying out paragraph (1), the Director shall inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. (3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, and an evaluation of each investigator and the investigative organization involved in the investigation. (4) The Director shall conduct training within units, offices, agencies, and other organizations within the Department of Defense. |
108hr5391ih | The training shall include the report entitled Adapting Military Sex Crimes Investigations to Changing Times. The training shall be conducted in collaboration with— (A) individuals or organizations with demonstrated experience and expertise in the organization and management of investigative agencies, including the Federal Law Enforcement Training Center; and (B) individuals and organizations with demonstrated experience and expertise in the dynamics of trauma for victims of domestic violence, sexual assault, family violence, and stalking, including the National Crime Victims Center, the National Crime Victims Law Institute, the Sidran Foundation, and the National Center on Post-Traumatic Stress Disorder. |
108hr5391ih | (g) Powers
In the performance of the duties set forth or authorized in this section, the Director shall have the following powers: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director. (2) To request such information or assistance as may be necessary for carrying out the Director’s duties from any Federal, State, or local governmental agency or unit thereof. |
108hr5391ih | (3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director’s duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (4) To serve subpoenas, summons, and any judicial process related to the performance of any of the Director’s duties. |
108hr5391ih | (5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the Director’s duties, which oath, affirmation, or affidavit, when administered or taken by or before an employee designated by the Director, shall have the same force and effect as if administered or taken by or before an officer having a seal. (6) To have direct and prompt access to the Secretary of Defense, the Secretary of a military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. |
108hr5391ih | (7) To 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. |
108hr5391ih | (8) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence or stalking from any facility of the uniformed services or any other health care facility of the Federal Government or, by contract, from any other source, medical services and counseling and other mental health services for treating or investigating including— (A) injuries resulting from the sexual misconduct, sexual assault, domestic violence, family violence, or stalking; (B) rape evidence kits; (C) DNA collection and processing; (D) photographs of injuries; and (E) other mental and physiological results of the sexual misconduct or domestic violence. |
108hr5391ih | (9) To relocate any alleged offender during an investigation in order to ensure the safety of a victim. (h) Referrals for prosecution
(1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to— (A) a United States Attorney, or another appropriate official in the Department of Justice, for prosecution; or (B) to an appropriate commander within the armed forces for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action. |
108hr5391ih | (2) The Director shall report each such referral to the Secretary of Defense. (i) Staff
(1) The Director shall have— (A) a staff of investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking; (B) a staff of attorneys sufficient to provide the Director, the criminal investigators, and the Director’s other staff personnel with legal counsel necessary for the performance of the duties of the Director; (C) a staff of counseling referral specialists; and (D) such other staff as is necessary for the performance of the Director’s duties. |
108hr5391ih | (2) To the maximum extent practicable, the staff of the Director shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. The staff shall also reflect the race, gender, and cultural diversity of the victims filing complaints within the military departments. |
108hr5391ih | (j) Reports to director
Each member of the armed forces and each officer or employee of the Department of Defense who, in the official capacity of that member, officer, or employee, receives an allegation of sexual misconduct, sexual assault, domestic violence, family violence, or stalking shall submit to the Director notification of that allegation, together with such information as the Director may require for the purpose of carrying out the Director’s duties. |
108hr5391ih | (k) Annual report on sexual misconduct and domestic violence
Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress a report on the number and disposition of cases of sexual misconduct, sexual assault, family violence, stalking, and domestic violence by or involving members of the armed forces and officers and employees of the Department of Defense during the preceding year. (l) Definitions
In this section: (1) The term sexual misconduct includes the following: (A) Sexual harassment, |
108hr5391ih | including 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 this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to the punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; |
108hr5391ih | 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 referred to in clause (i) that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (2) The term domestic violence includes the following: (A) Domestic violence. (B) Spouse abuse. (C) Intimate partner violence. (D) Stalking. |
108hr5391ih | (E) Child abuse, neglect, and maltreatment. (3) The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. 401. Protection of communications between victims and advocates
(a) Restricting Communication Prohibited
Subsection (a) of section 1034 of title 10, United States Code, is amended by inserting before the period at the end the following: or the Office of the Victims’ Advocate or a Victims’ Advocate within the Department of Defense. |
108hr5391ih | (b) Prohibition of retaliatory personnel actions
Subsection (b)(1) of such section is amended— (1) in subparagraph (A), by striking or an Inspector General and inserting , an Inspector General, or the Office of the Victims’ Advocate or a Victims’ Advocate ; and (2) in subparagraph (A)— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following new clause: (iii) The Office of the Victims’ Advocate or a Victims’ Advocate. |
108hr5391ih | (c) Inspector General Investigations
Subsection (c)(2) of such subsection is amended by inserting , sexual assault, domestic violence, family violence, stalking, in subparagraph (A) after sexual harassment. 402. Whistleblower protections for victim advocates
(a) Restricting communications with victims and survivors prohibited
(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, intimate partner violence, or stalking. (2) Paragraph (1) does not apply to a communication that is unlawful. |
108hr5391ih | (b) Prohibition of retaliatory personnel actions
(1) 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— (A) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence, or stalking; (B) a communication to a Member of Congress or an Inspector General; (C) a communication with military law enforcement, military criminal investigators, judge advocates, or command; (D) a communication with civilian law enforcement, county, State, or United States attorneys, |
108hr5391ih | court officials, probation officers, or victim service providers; or (E) a communication with 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. (2) Any action prohibited by paragraph (1), 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 subsection. |
108hr5391ih | (c) 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 communication described in paragraph (2), the Inspector General shall take the action required under paragraph (3). (2) A communication described in this paragraph is a communication which a 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, 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 an allegation as described in paragraph (1) 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 (f). (B) An Inspector General receiving such an allegation shall expeditiously determine, in accordance with regulations prescribed under subsection (f), whether there is sufficient evidence to warrant an investigation of the allegation. |
108hr5391ih | (C) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation. (D) 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 | (d) Investigation of underlying allegations
Upon receiving an allegation under subsection (c), the Inspector General receiving the allegation 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 subsection (c)(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 | (e) Reports on investigations
(1) After completion of an investigation under subsection (c) or (d), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and 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 and the Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation. (2) 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, United States Code. |
108hr5391ih | However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate. |
108hr5391ih | (3) 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 paragraph (1) 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— (A) of that determination, including the reasons why the report may not be submitted within that time; and (B) of the time when the report will be submitted. |
108hr5391ih | (4) 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. (f) Regulations
(1) The Secretary of Defense shall prescribe regulations to carry out this section. In prescribing such regulations the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under this section, including a process of appeal and review of investigative findings. |
108hr5391ih | (2) The Secretary shall provide in such regulations that a violation of the prohibition in this section by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is punishable as a violation of section 892 of that title. (3) Such regulations shall be prescribed not later than 120 days after the date of the enactment of this Act. 403. |
108hr5391ih | Prohibition of compulsory disclosure of certain communications and information
(a) Prohibition
A victim representative may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, disciplinary, civil, legislative, or administrative proceeding. |
108hr5391ih | (b) Definitions
For purposes of this section: (1) Appropriate consent
The term appropriate consent means— (A) the consent of the victim, with respect to testimony of— (i) an adult victim; or (ii) a victim representative, if the victim is an adult; and (B) the consent of the victim’s parent, legal guardian, or guardian ad litem, with respect to the testimony of— (i) a victim who is a minor or incompetent to testify; or (ii) a victim representative if the victim is a minor or incompetent to testify. |
108hr5391ih | (2) Victim representative
The term victim representative means a victim advocate, victim witness liaison, victim support liaison, or victim counselor. (c) Emergency shelter protection
A victim or victim representative may not be compelled to provide testimony in a civil, criminal, legislative, disciplinary, or administrative proceeding that would identify— (1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; or (2) the name, address, or telephone number of a victim representative. |
108hr5391ih | (d) Waiver by minor
A minor may waive the privilege provided under subsection (a) and testify, or give consent for a victim representative to testify, if the court or hearing officer determines that the minor is capable of knowingly waiving the privilege. (e) Exception to Waiver Authority
Notwithstanding subsection (a), a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under subsection (a) with respect to the minor’s testimony or the testimony of a victim representative if— (1) the parent or legal guardian has been charged with a crime against the minor; |
108hr5391ih | (2) a protective order, no contact order or restraining order has been entered against the parent or legal guardian on request of or behalf of the minor; or (3) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of privilege. 501. Performance evaluations and benefits
(a) Requirement
The Secretary of Defense shall prescribe in regulations a requirement that, in the case of any member of the Army, Navy, Air Force, or Marine Corps and any officer or employee of the Department of Defense, the commitment of the member, or the officer or employee, |
108hr5391ih | to the elimination of sexual harassment, sexual misconduct, sexual assault, domestic violence, family violence, and stalking in the place of work or duty of the member, or the officer or employee, and at installations and other facilities of the Department of Defense shall be one of the factors considered in— (1) the evaluation of the performance of work or duties of the member or the officer or employee; (2) the determination of the appropriateness of a promotion of the member or the officer or employee; |
108hr5391ih | and (3) the determination of the appropriateness of selecting the member or the officer or employee to receive a financial award for performance of work or duties. (b) Annual report to Congress
The Secretary shall submit to Congress an annual report on the implementation of the regulations required by subsection (a). The report shall contain an assessment of the effects of the implementation of such regulations on the number, extent, and seriousness of the cases of domestic violence, sexual misconduct, sexual assault, family violence, and stalking in the Department of Defense. |
108hr5391ih | The annual report under this subsection shall be separate from the annual report required by section 144(k) of title 10, United States Code. |
108hr5391ih | (c) Eligibility for Promotion and Awards
The Secretary of Defense and the Secretary of the military department concerned may not approve for presentation of a financial award for performance of work or duties or for promotion an officer or employee of the Department of Defense or a member of the Armed Forces who— (1) has been convicted of a criminal offense involving domestic violence, family violence, sexual assault, sexual misconduct, or stalking; or (2) has received any other disciplinary action or adverse personnel action on the basis of having engaged in domestic violence, sexual assault, sexual misconduct, family violence, or stalking. 601. |
108hr5391ih | Awareness, prevention, and intervention campaign
(a) Awards authorized
The Secretary of Defense (in this section referred to as the Secretary ), acting through the Director of the Office of the Victims’ Advocate, is authorized to award contracts to any eligible entity to support the crisis intervention services of the Department of Defense for victims of domestic violence, sexual assault, family violence, and stalking in the Department of Defense. (b) Eligible entities
In this section, the term eligible entity means any of the following: (1) The National Domestic Violence Hotline. (2) The National Sexual Assault Hotline. |
108hr5391ih | (3) The American Women Overseas Hotline. (c) Purpose of contract
An entity awarded a contract under subsection (a) shall— (1) include in the services provided under the contract the availability of a toll-free telephone number (commonly referred to as an 800 number); (2) ensure that information about services and resources available to military personnel, families, and partners— (A) is revised and updated as appropriate; (B) is made available and visibly posted at appropriate facilities within the Department of Defense; and (C) is made available through appropriate public information services; |
108hr5391ih | (3) provide for coordination with the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, to ensure that individuals are provided appropriate information about programs, requirements, and procedures for military and civilian resources, services, counseling, and treatment; (4) provide support services for military personnel, families, and partners for the purpose of developing and strengthening effective prevention and intervention strategies with response to servicemembers, family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking; (5) develop and implement policies regarding appropriate, safe responses, and identification and referral procedures for servicemembers, |
108hr5391ih | family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking; (6) provide linguistically and culturally appropriate services, or linkages to existing services in the community, tailored to the needs of victims and survivors associated with the Armed Forces; and (7) provide the necessary human resources to respond to the needs of servicemembers, family members, and partners who are experiencing domestic violence, family violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call and who possesses demonstrated experience as a service provider to victims associated with the Armed Forces. |
108hr5391ih | (d) Applications
(1) In general
An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements in this section. (2) Contents
An application under paragraph (1) shall— (A) outline and describe the activities to be undertaken to promote prevention, interventions and collaboration; (B) identify the members of the entity submitting the application who will be responsible for carrying out the activities described in subparagraph (A); |
108hr5391ih | (C) ensure that communities or agencies affected by the activities described in subparagraph (A) are adequately represented in the development of the application, resources, training, and follow on activities to be undertaken, and that they have a significant role in evaluating the success of the project; (D) include documentation of any history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-based programs, and other needs of victims of domestic violence, sexual assault, family violence, and stalking; (E) provide assurances that training and other activities will be provided to all types of staff, |
108hr5391ih | will address appropriate practices for dissemination of information, referrals, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the training and collaboration activities will enhance or ensure the safety and security of Armed Forces personnel, family members, and partners where domestic violence, sexual assault, family violence, or stalking occurs by providing appropriate resources, protection, and support to victims; (G) outline the services to be provided, including information and referrals to both military and civilian resources; |
108hr5391ih | (H) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based support and resources; and (I) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (e) Considerations
(1) In providing information on services, resources, counseling, and advocacy available to Armed Forces personnel, family members, and partners, the Secretary shall ensure that the personnel who provide assistance under this section are trained to provide to persons who have experienced sexual assault, domestic violence, family violence, |
108hr5391ih | and stalking information about the services, care, and treatment relating to domestic violence, family violence, sexual assault, and stalking available in the communities in which the victim resides, including care and services available under programs of the Department of Defense and the Department of Veterans Affairs and from non-military and non-veteran agencies and organizations. (2) The Secretary shall ensure that the telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place a call to the system. |
108hr5391ih | (3) The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in medical facilities, commissary and exchange facilities, and Family Advocacy Program and Victims’ Advocate Program facilities of the Department and is advertised through public service announcements and pamphlets, and by other means. (f) Duration of awards
The Secretary shall make the awards under this section for a period of one year. The awards may be renewed. (g) Award amounts
Each award under this section shall be in an amount of not more than $500,000 per year. |
108hr5391ih | (h) Confidentiality
(1) In order to ensure the safety of victims of domestic violence, sexual assault, family violence, or stalking and their families, the hotline service provider shall protect the confidentiality and privacy of persons receiving services. The hotline service provider shall not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. |
108hr5391ih | The hotline service provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the hotline services provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. |
108hr5391ih | If such personally identifying information is or will be revealed, the hotline service provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The hotline service provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. |
108hr5391ih | (2) In this subsection, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. (i) Nonsupplantation
Any Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. |
108hr5391ih | (j) Matching funds
For the purposes of this section, a nonprofit, nongovernmental victim services program receiving funds under this section may not be required to provide matching funds as a condition of receiving an award under this section. |
108hr5391ih | (k) Reports
An entity receiving funds under this section shall submit to the Secretary a report that describes, at a minimum— (1) how the funds under the program were used and the extent to which Armed Forces personnel, family members, or partners were served; (2) the adequacy of staff training and services to ensure that the needs of Armed Forces members, family members, or partners were met; and (3) the existence of continuing barriers the entity faces to more fully addressing the needs of Armed Forces members, family members, or partners. |
108hr5391ih | (l) Authorization of Appropriation
There is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $500,000 to carry out this section. (m) Availability
Funds available under this section shall remain available until expended. |
108hr5391ih | Of the amounts appropriated to carry out this section for each 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; and (2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing system responses to domestic violence, family violence, sexual assault and stalking. |
108hr5391ih | Technical assistance and training under paragraph (2) may be offered to elements of the Armed Forces, installations, and commands in the process of developing community responses, whether they are receiving funds under this section or not. 701. Findings
Congress makes the following findings: (1) A study published in the New England Journal of Medicine reported that one in six soldiers of the Iraq War displays symptoms of post-traumatic stress disorder (PTSD). (2) Clinical experts are anticipating an increase in the number of post-traumatic stress disorder cases among members of the Armed Forces in light of the increasing duration of military deployments. |
108hr5391ih | (3) Studies conducted by the Department of Defense indicate an increase in domestic violence cases following deployments. (4) Victims of domestic violence, family violence, sexual assault, and stalking display symptoms of post-traumatic stress disorder and other psychosocial symptoms following the onset of violence. (5) Sixty-six percent of victims of sexual assault display symptoms of post-traumatic stress disorder referred to as rape trauma or military sexual trauma. Ninety percent of sexual assault victims experience the onset of post-traumatic stress disorder within one month of the assault. |
108hr5391ih | Fifty percent of sexual assault victims display symptoms of post-traumatic stress disorder up to six months following the assault. One-third of victims of sexual assault display symptoms of post-traumatic stress disorder more than six months later. (6) The Secretary of Defense is required to ensure, in accordance with Federal law, that the Department of Defense maintains its capacity to provide treatment and rehabilitative needs of active duty personnel and military families within programs or facilities of the Department. 702. |
108hr5391ih | Enhanced Department of Defense treatment capacity
(a) Additional personnel authorized
The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may award contracts for additional personnel, including sexual assault nurse examiners, social workers, psychiatrists, and other mental health services specialists in medical centers and outpatient facilities specializing in the diagnosis and treatment of post-traumatic stress disorder, rape trauma, military sexual trauma, domestic violence, family violence, stalking, sex offender behavior, or batterer intervention. |
108hr5391ih | (b) Use of funds
Funds made available pursuant to the authorization of appropriations in subsection (c) shall, to the extent funds are available for such purpose, be used to employ at least one sexual assault nurse examiner and psychiatrist, and a complimentary clinical team at each medical facility operated by the Department of Defense in order to conduct a specialized program at that facility for the diagnosis and treatment of post-traumatic stress disorder, rape trauma, and military sexual trauma. |
108hr5391ih | (c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 through 2009. 703. Outreach program at the community level
(a) Program
The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall carry out a program to provide outreach at the community level to members of the Armed Forces on active duty and family members of such members who are victims of domestic violence, sexual assault, family violence, or stalking. |
108hr5391ih | (b) Program sites
The outreach program shall be carried out on a nation-wide basis through facilities of the Department of Defense. (c) Program content
In conducting the outreach program, the Secretary shall provide for individualized case management to be conducted on a one-to-one basis, counseling, education, and group therapy to help participants cope with trauma. Through the program, the Secretary shall— (1) emphasize early identification of victims experiencing post-traumatic stress disorder, rape trauma, military sexual trauma, domestic violence, family violence, or stalking; (2) include group-oriented, peer-to-peer settings for treatment; |
108hr5391ih | (3) acknowledge that the causal factors of domestic violence, sexual assault, family violence, and stalking include power and control; (4) provide victims of sexual assault with timely and confidential access to the necessary standard of post-sexual assault medical care, including rape evidence kits, sexually transmitted disease screening and treatment, HIV screening and treatment, FDA-approved methods of pregnancy prevention, including emergency contraception and reproductive services, including all services as authorized by section 1093 of title 10, United States Code; |
108hr5391ih | and (5) provide that health information packets given to members of the Armed Forces and their family members include information about how to access timely and confidential post-sexual assault medical care, including rape evidence kits, sexually transmitted disease screening and treatment, HIV screening and treatment, and FDA-approved methods of pregnancy prevention, including emergency contraception. |
108hr5391ih | (d) Program models
The Secretary shall establish and carry out the program following a comprehensive review of programs, including programs of the Department of Veterans Affairs, of State, and local governments, and of private, nonprofit, or nongovernmental organizations specializing in the treatment of victims of domestic violence, sexual assault, family violence, or stalking. 704. |
108hr5391ih | Equal treatment and services
The Secretary of Defense shall develop and adopt policies to prohibit the disparate treatment of females in placement and treatment, and establishing gender specific services to ensure that females have access to the full range of health and mental health services, treatment for physical and sexual assault and abuse, education in parenting, education in general, and other training and vocational services. 705. |
108hr5391ih | Evaluation of services and treatment within deployed units
(a) Assessment of deployed units
The Secretary of Defense shall assess the availability and accessibility within deployed units of rape evidence kits, testing supplies for sexually transmitted infections and diseases (STIs), for HIV, and for pregnancy, emergency contraception, transportation, resources, and medication. The assessment shall include an inventory of supplies, trained personnel, and transportation resources assigned or deployed. The assessment shall be completed no later than 30 days after the date of the enactment of this Act. |
108hr5391ih | (b) Action plan for deployed units
The Secretary shall develop a plan to enhance accessibility and availability of supplies, trained personnel, and transportation resources in response to sexual assaults occurring in deployed units. (c) Reports
(1) The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report as to the supply inventory, location, accessibility, and availability of supplies, trained personnel, and transportation resources, and the strategic plan developed under subsection (b) to enhance the same in response to sexual assault in deployed units, within 45 days of the enactment of this Act. |
108hr5391ih | (2) The Secretary shall submit to those committees a report on implementation of that strategic plan within 90 days of the enactment of this Act. 706. Emergency medical leave
Section 709 of title 10, United States Code, is amended— (1) in subsection (b)(3), by inserting before the period at the end the following: except that in a case of sexual assault, domestic violence, family violence, or stalking, the period of such an emergency leave of absence may exceed 14 days but may not extend for a period of more than 30 days ; |
108hr5391ih | and (2) in subsection (c)(1)— (A) by striking or at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) sexual assault, domestic violence, family violence, or stalking; or. 707. Reports
The Secretary of Defense shall submit to Congress a report setting forth the results of such review not later than 90 days after the date of the enactment of this Act. |
108hr5391ih | The Secretary shall submit every 18 months thereafter a report that describes— (1) the extent to which military personnel and family members were served; (2) the adequacy of staff training and services to ensure that needs of Armed Forces members and family members, including transportation and location; and (3) the existence of continuing barriers to more fully addressing the needs of members of the Armed Forces and their family members. 708. |
108hr5391ih | Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking
The Secretary of each military department shall take special care in providing for a seamless transition from Department of Defense health care services to Department of Veterans Affairs health care services in the case of any member of the Armed Forces who is being discharged or separated from active duty and who has been identified as a victim or perpetrator of domestic violence, sexual assault, family violence, or stalking. 709. |
108hr5391ih | Privacy safeguards
(a) In general
In order to ensure the safety of victims of domestic violence, family violence, sexual assault or stalking and their families, the health care provider shall protect the confidentiality and privacy of persons receiving services. The health care provider may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. |
108hr5391ih | The health care provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Veterans, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the health care provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. |
108hr5391ih | If such personally identifying information is or will be revealed, the health care provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The health care provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Veterans, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. The health care provider may share court-generated information contained in secure, governmental registries. |
108hr5391ih | (b) Personally identifying information
In this section, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. 801. |
108hr5391ih | Enhanced capacity of the Department of Defense for shelter programs and services
(a) Awards authorized
(1) In general
The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may award contracts to eligible entities to enable the design, replication, and implementation of shelter services for servicemembers, family members, or partners who experience domestic violence, family violence, sexual assault, or stalking. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.