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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 appropria...
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(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 o...
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(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.
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(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 servic...
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(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...
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(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 attorn...
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(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 depart...
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(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...
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(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 ...
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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 ...
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and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline referred to in clause (i) that is applicable to such employee or family...
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(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 ame...
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(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 sect...
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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 techn...
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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 Directo...
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(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 De...
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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 membe...
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(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 org...
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(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...
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(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 ...
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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 wh...
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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 Dire...
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(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 inve...
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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 Fed...
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(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 ...
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(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 appropria...
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(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 o...
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(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.
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(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 servic...
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(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...
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(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 attorn...
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(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 depart...
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(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...
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(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 ...
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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 ...
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and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline referred to in clause (i) that is applicable to such employee or family...
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(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 Pr...
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(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 (ii...
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(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 p...
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(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 assaul...
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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 t...
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(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 G...
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(B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health. (3) (A) If the Inspector General receiving 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...
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(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 a...
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(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...
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(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 t...
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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,...
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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 c...
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(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 D...
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(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 ...
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(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 ...
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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 a...
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(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 guardia...
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(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 admini...
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(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 (...
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(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 b...
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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 e...
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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). ...
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The annual report under this subsection shall be separate from the annual report required by section 144(k) of title 10, United States Code.
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(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) ...
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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 th...
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(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 reso...
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(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) provi...
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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 ...
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(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 applicati...
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(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 d...
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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 e...
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(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 t...
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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...
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(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 announce...
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(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 personall...
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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...
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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 service...
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(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 wo...
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(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.
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(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 ...
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(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.
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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 tech...
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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 t...
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(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...
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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 ...
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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 ...
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(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 De...
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(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 c...
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(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 g...
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(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 transmitt...
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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,...
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(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 dom...
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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 a...
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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, emerge...
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(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...
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(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: exce...
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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...
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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 ex...
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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 he...
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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 personall...
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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 Arm...
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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 the...
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(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.
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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...