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108hr5391ih | (c) Air Force
Section 9061 of such title is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Air Force ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense. 1107. |
108hr5391ih | Enhanced capacity of the Department of Defense for victim services
(a) Awards authorized
(1) In general
The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may contract with eligible entities to enable the design, replication, and implementation of services for servicemembers, family members, or partners who experience domestic violence, family violence, sexual assault, or stalking. |
108hr5391ih | (2) Eligible entities
In this section, the term eligible entity means a public or private, nonprofit or nongovernmental program the primary purpose of which is to provide services to victims of domestic violence, sexual assault, or stalking. |
108hr5391ih | The entity may be— (A) a community-based organization specializing in intervention or violence prevention services for servicemembers, family members, or partners; (B) a nonprofit nongovernmental entity providing services primarily to servicemembers, family members, or partners who are victims of domestic violence, sexual assault, or stalking; (C) a nonprofit nongovernmental entity providing services for veterans; or (D) a nonprofit nongovernmental entity providing services to homeless individuals. (b) Uses of funds
An entity awarded a contract pursuant to subsection (a) shall— (1) whenever possible, |
108hr5391ih | collaborate with existing services in the civilian community to provide appropriate victim services; (2) provide, when appropriate victim services are not available in the civilian community or are not accessible to servicemembers, family members or partners, services on installations or create services in collaboration with a community based organization; (3) develop and implement policies in the military departments regarding appropriate, safe response to, and identification and referral procedures for, servicemembers, family members or partners who are experiencing domestic violence, family violence, sexual assault or stalking, including procedures for handling the requirements of arrest policies, criminal investigation procedures, |
108hr5391ih | and court protective orders that ensure the safety of the victim and hold the perpetrator accountable; (4) aid servicemembers, family members, or partners, including legal, medical, or psychological counseling, who are experiencing domestic violence, sexual assault, family violence, or stalking; (5) assist with the improvement of delivery of victim services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, family violence, sexual assault, and stalking intervention models to respond to the needs of servicemembers, family members, or partners who are victims of domestic violence, sexual assault, family violence, |
108hr5391ih | or stalking; (7) provide the necessary human resources to respond to the needs of servicemembers, family members, or partners who are experiencing domestic violence, sexual assault, family violence, 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; (8) provide direct counseling and advocacy for servicemembers, family members, or partners who have experienced domestic violence, sexual assault, family violence, or stalking; |
108hr5391ih | (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; (10) include counseling and mental health services; (11) include legal advocacy efforts on behalf of servicemembers, family members, or partners with respect to domestic violence, sexual assault, family violence, or stalking; and (12) not use more than 25 percent of the funding to provide additional services and resources for servicemembers, family members, and partners including childcare, transportation, education support, and respite care. |
108hr5391ih | (c) Application
(1) In general
Each eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements specified in this section. (2) Contents
An application submitted under paragraph (1) shall— (A) include an outline and description of the activities to be undertaken to intervene and collaborate; (B) identify the members of the organization who will be responsible for carrying out services; |
108hr5391ih | (C) ensure that communities or agencies affected by collaboration and service providers are adequately represented in the development of the application, 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 services or advocacy between military entities, domestic violence, family violence, sexual assault or stalking service providers, courts, law enforcement agencies, community-based programs and other entities; (E) provide assurances that services and activities will be provided to all types of staff, will address appropriate practices for investigation, follow-up, screening, intake, assessment, |
108hr5391ih | and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the collaboration activities will enhance or ensure the safety and security of servicemembers, families and partners where domestic violence, family violence, sexual assault, or stalking occurs by providing appropriate resources, protection, and support to victims; (G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) outline the protocols, policies, |
108hr5391ih | and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (3) Collaborative partnerships
The eligible entity or service provider shall establish a partnership that— (A) provides appropriate referrals to community based domestic violence programs or sexual assault victim service providers with the capacity to support servicemembers, family members and partners who are victims of domestic violence, sexual assault, family violence or stalking; provides legal assistance and advocacy for victims of domestic violence, sexual assault, family violence or stalking including, where appropriate, assistance in obtaining and entering orders of protection; |
108hr5391ih | (B) supports and training to assist military entities in supporting servicemembers, family members or partners dealing with problems related to domestic violence, sexual assault, family violence or stalking; (C) identifies, assesses and responds appropriately to domestic violence, sexual assault, family violence, or stalking against servicemembers, family members, or partners; (D) provides appropriate resources in family court matters to respond to domestic violence, sexual assault, family violence or stalking; and (E) assures that necessary services dealing with physical and mental health of victims are available. |
108hr5391ih | The military installation commander must submit proof of collaboration with any existing nonprofit nongovernmental service provider for victims of domestic violence, sexual assault, or stalking located in the region. (d) Considerations
The Secretary, in awarding contracts under this section, shall— (1) ensure that such contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. |
108hr5391ih | (e) Duration of awards
A contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed. (f) Amount
Each award under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. |
108hr5391ih | (g) Confidentiality
(1) Nondisclosure of confidential information or private information
In order to ensure the safety of victims of domestic violence, sexual assault, or stalking and their families, a victim services provider under a contract under this section shall protect the confidentiality and privacy of persons receiving services. The victim services 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 victim services provider may 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 victim 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 victim services provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The victim services provider may share non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. The victim services provider may share court-generated information contained in secure, governmental registries for protection order enforcement purposes. |
108hr5391ih | (2) 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. (h) 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 | (i) Reports
An entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which servicemembers, families, and partners were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers, family members, and partners, including transportation, and location; and (4) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, and partners. |
108hr5391ih | (j) Authorization of appropriations
There is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $25,000,000 to carry out this section. (k) Availability
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 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section. 1201. Permanent authority for counseling and treatment of veterans for sexual trauma
Section 1720D of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking During the period through December 31, |
108hr5391ih | 2004, the Secretary and inserting The Secretary ; and (B) in paragraph (2), by striking , during the period through December 31, 2004 ; and (2) in subsection (b)— (A) in paragraph (1), by striking establishment and ; and (B) in paragraph (2), by striking establishing a program and inserting operating a program. 1202. |
108hr5391ih | Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities
Section 7320(b)(3) of title 38, United States Code, is amended by striking five centers and inserting 15 centers. 1203. Improvement of program for provision of specialized mental health services to veterans
(a) Increase in funding
Subsection (c) of section 116 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 1712A note) is amended— (1) in paragraph (1), by striking $15,000, |
108hr5391ih | 000 and inserting $30,000,000 in each of fiscal years 2005, 2006, and 2007 ; (2) in paragraph (2), by striking $15,000,000 and inserting $30,000,000 ; and (3) in paragraph (3)— (A) by inserting (A) after (3) ; and (B) by adding at the end the following new subparagraph: (B) For purposes of this paragraph, in fiscal years 2005, 2006, and 2007, |
108hr5391ih | the fiscal year used to determine the baseline amount shall be fiscal year 2003. (b) Allocation of funds
Subsection (d) of such section is amended— (1) by striking The Secretary and inserting (1) In each of fiscal years 2005, 2006, and 2007, the Secretary ; and (2) by adding at the end the following new paragraphs: (2) In allocating funds to facilities in a fiscal year under paragraph (1), the Secretary shall ensure that— (A) not less than $10,000, |
108hr5391ih | 000 is allocated by direct grants to programs that are identified by the Mental Health Strategic Health Care Group and the Committee on Care of Severely Chronically Mentally Ill Veterans; (B) not less than $5,000,000 is allocated for programs on post-traumatic stress disorder; (C) not less than $5,000,000 is allocated for programs on substance abuse disorder; and (D) not less than $5,000,000 is allocated for programs to address military sexual trauma experienced by Reservists and National Guard members formerly called to active duty. |
108hr5391ih | (3) The Secretary shall provide that the funds to be allocated under this section during each of fiscal years 2005, 2006, and 2007 are funds for a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system.. 1204. Enhancement of readjustment counseling services for reserve component members
(a) Eligibility
Section 1720D of title 38, United States Code, is amended— (1) in subsection (a)(1)— (A) by inserting or reservists or guard members formerly called to active duty after veterans ; |
108hr5391ih | and (B) by inserting or reservist or guard member formerly called to active duty after veteran ; (2) in subsection (b)(1), by inserting or reservists or guard members formerly called to active duty after veteran ; and (3) in subsection (c)— (A) by inserting or reservists or guard members formerly called to active duty after veterans ; and (B) in paragraph (3), by inserting or reservists or guard members after service. |
108hr5391ih | (b) Period of Eligibility
Subsection (a) of such section is amended by adding at the end the following new section: To be eligible to receive counseling under this subsection, a reservist or guard member must seek such counseling from the Secretary within five years after the date of discharge or release from active military, naval, or air service.. 1301. |
108hr5391ih | Enhanced capacity of the Department of Defense for treatment services for offenders
(a) Awards authorized
(1) In general
The Secretary of Defense, acting through the Undersecretary of Defense for Personnel and Readiness, may contract with eligible entities to enable the design, replication, and implementation of treatment services for members of the Armed Forces who perpetrate domestic violence, sexual assault, or stalking. |
108hr5391ih | (2) Definitions
In this section: (A) Eligible entities
The term eligible entity means a public or private, nonprofit or nongovernmental program the primary purpose of which is to provide treatment services to perpetrators of domestic violence, sexual assault, or stalking. |
108hr5391ih | The entity may be— (i) a community-based organization specializing in treatment and prevention services for military servicemembers or family members; (ii) a nonprofit nongovernmental entity providing services primarily to perpetrators of domestic violence, sexual assault, family violence, or stalking; or (iii) a nonprofit nongovernmental entity providing treatment services for veterans. (B) Batterers program
The term batterers program means a program approved or certified by a State that is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services the goal of which is to help clients end abusive behaviors. |
108hr5391ih | Components of such a program shall include— (i) an educational instruction and group discussion model to provide information about domestic violence, the illegality of domestic violence, and the responsibility for and alternative choices to abusive behavior; (ii) a long-term group that helps end the violent behavior of its participants; and (iii) formal linkages to the local criminal justice systems and to area domestic violence services. |
108hr5391ih | (C) Client
The term client means a person who is referred to a batterers program by the Family Advocacy Program, by a criminal court of the jurisdiction, or by a State, local, or private organization or a person who is self-referred, and who is accepted by the batterer program. (b) Uses of funds
An entity awarded a contract pursuant to subsection (a) shall— (1) whenever possible, collaborate with existing services in the civilian community to provide appropriate treatment services; (2) when appropriate treatment services are not available in the civilian community or are not accessible to servicemembers or family members, |
108hr5391ih | provide services on installations or create services in collaboration with a community-based organization; (3) develop and implement policies in the military departments regarding appropriate identification and referral procedures for servicemembers or family members who are perpetrating domestic violence, sexual assault, family violence, or stalking, including procedures for handling the requirements of arrest policies, criminal investigation procedures, and court protective orders that ensure the safety of the victim and hold the perpetrator accountable; (4) aid servicemembers or family members, including legal, medical, or psychological counseling, who are perpetrating domestic violence, sexual assault, family violence, or stalking; |
108hr5391ih | (5) assist with the improvement of delivery of treatment services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, sexual assault, family violence, and stalking intervention models to respond to the needs of servicemembers or family members who are perpetrators of domestic violence, sexual assault, or stalking; (7) provide the necessary human resources to respond to the needs of servicemembers or family members who are perpetrating family violence, domestic violence, sexual assault, or stalking, |
108hr5391ih | 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 perpetrators; (8) provide direct counseling and advocacy for servicemembers or family members who have perpetrated domestic violence, sexual assault, family violence, or stalking; (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; and (10) include counseling and mental health services. |
108hr5391ih | (c) Application
(1) In general
An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements specified in this section. (2) Contents
An application submitted under paragraph (1) shall include— (A) the population to be served; (B) the program objectives; (C) the implementation plan for prevention and educational programs provided, including the educational instruction, group model, and the long-term group; |
108hr5391ih | (D) the reporting procedures designed to advise the referring agency of the client’s attendance and participation in the program; (E) the annual budget of the program, including information relative to any already established programs and an assurance that funding under this section will not serve to substitute for any other funding ordinarily and customarily received by such organization in the provision of the programs; (F) the formal and established or proposed linkages to area domestic violence programs and to the local criminal justice system of the judiciary, probation, and police departments and the county or state attorney; (G) the existing community education components of the program; |
108hr5391ih | (H) any other services proposed to be provided; and (I) any other information considered necessary by the Secretary. (3) Considerations
The Secretary, in awarding contracts under this section, shall— (A) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; (C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; (D) ensure that planning, cooperation, |
108hr5391ih | and coordination with an existing domestic violence program, criminal justice system, and appropriate officials and services; (E) ensure that the program will not provide couple counseling or mediation; and (F) ensure that the batterers program shall have policies regarding— (i) referrals for those for whom a batterers program is not appropriate; (ii) suicide and homicide threats by clients; and (iii) confidentiality, in accordance with standards prescribed by the Secretary. |
108hr5391ih | (d) Treatment standards
The treatment program must meet the following minimum standards: (1) All treatment must be based upon a full, complete clinical intake, including— (A) current and past violence history; (B) a lethality risk assessment; (C) a complete diagnostic evaluation; (D) a substance abuse assessment; (E) criminal history; (F) assessment of cultural issues, learning disabilities, literacy, and special needs; and (G) a treatment plan that adequately and appropriately addresses treatment needs of the individual. |
108hr5391ih | (2) To facilitate communication necessary for periodic safety checks and monitoring, the program must require the perpetrator to sign the following releases: (A) A release for the program to inform the victim and victims’ advocate that the perpetrator is in treatment with the plan to provide information, for safety purposes, to the victim and victims’ advocate, community, and legal advocates. (B) A release to prior and current treatment agencies to provide information on the perpetrator to the program. |
108hr5391ih | (C) A release for the program to provide information on the perpetrator to relevant legal entities, including lawyers, courts, parole, probation, protective services, and child welfare services. (D) A release for the program to provide information on the perpetrator to relevant military entities, including command, Family Advocacy Program, victim advocate, judge advocate, law enforcement, and criminal investigators. (3) Treatment must be for a minimum treatment period established by the Secretary by regulation. |
108hr5391ih | (4) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by the Secretary, not just upon the end of a certain period of time or attendance of the perpetrator at a certain number of sessions. (5) The program must have a policy and procedures for dealing with recidivism. (6) The program must have a policy and procedures for dealing with noncompliance. (7) All evaluation and treatment services must be provided by, and under the supervision of, qualified personnel. (e) Rules and regulations
The Secretary may adopt rules and regulations to implement this section. |
108hr5391ih | (f) Duration of awards
A contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed. (g) Amount
Each award under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. (h) 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 | (i) Matching funds
Nonprofit, nongovernmental treatment programs, receiving funds under this section shall not be required to provide matching funds as a condition of receiving an award. (j) Reports
An entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which military personnel or families were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers or family members, including transportation, and location; |
108hr5391ih | (4) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers or family members; (5) pertinent and appropriate factors concerning clients including age, education, income, employment, marital status, number of children and their ages, any substance abuse, and personal history of family violence; (6) the total number of clients referred to the program, and the referral source; (7) total number of persons determined to be inappropriate for services and reasons therefor; (8) the number of clients enrolled in the program, the number completing the program, the number failing to complete the program, |
108hr5391ih | and reasons therefor; (9) the number of classes or group meetings; and (10) such other factors as the Secretary considers necessary and appropriate. (k) Authorization of appropriations
There is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out this section. (l) Availability
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 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section. 1401. |
108hr5391ih | Prevention and intervention training awards
(a) Awards authorized
(1) In general
The Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, shall award contracts under this section to eligible entities for the purposes of providing training and technical assistance to the Department of Defense relative to prevention of domestic violence, sexual assault, family violence, and stalking. |
108hr5391ih | (2) Definitions
In this section, the term eligible entity means an organization that is— (A) a public or nonprofit private organization having demonstrated expertise in prevention, intervention, developing community collaboration, and system response to domestic violence, sexual assault, family violence, and stalking; or (B) a community-based organization experienced in providing services to servicemembers, family members, or partners who experience domestic violence, sexual assault, family violence, or stalking. (b) Uses of funds
An entity awarded a contract pursuant to subsection (a) shall— (1) provide training in the dynamics of domestic violence, sexual assault, |
108hr5391ih | family violence, and stalking, including safety, risk assessment, potential lethality, and appropriate interventions; (2) provide education programs for servicemembers, family members, or partners that are linguistically and culturally appropriate and are designed to meet any unique needs of the population by adapting and implementing existing curricula; (3) provide media center materials and educational materials to the population that address the needs and concerns of servicemembers, family members, or partners who experience domestic violence, sexual assault, or stalking and the impact of the violence by identifying, adapting, and disseminating appropriate existing materials; |
108hr5391ih | and (4) conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the development of those programs. (c) Application
(1) In general
An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements described in this section. (2) Content
An application submitted pursuant to paragraph (1) shall— (A) outline and describe how training and other activities will be undertaken to promote prevention, intervention, and collaboration; |
108hr5391ih | (B) identify the members of the organization who will be responsible for carrying out the training; (C) ensure that communities or agencies affected by the training are adequately represented in the development of the application, training, and follow on activities to be undertaken and that they have a significant role in evaluating the success of the project; (D) include documentation of any history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-based programs, and other entities; (E) provide assurances that training and other activities will be provided to all types of staff, |
108hr5391ih | will address appropriate practices for investigation, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the training and activities will enhance or ensure the safety and security of servicemembers, families, and partners where both domestic violence and sexual assault occurs by providing appropriate resources, protection, and support to victims; (G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) outline the protocols, |
108hr5391ih | policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (d) Considerations
The Secretary, in awarding contracts under this section, shall— (1) ensure that contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. |
108hr5391ih | (e) Duration of awards
The Secretary shall make the awards under this section for a period of one year. The awards may be renewed. (f) Award amounts
Each award under this section shall be in an amount of not less than $2,500 per year and not more than $20,000 per year. (g) Authorization of Appropriations
There is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $200,000 to carry out this section. |
108hr5391ih | (h) Availability
Funds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section. (i) Matching funds
A nonprofit, nongovernmental victim services program receiving funds under this section shall not be required to provide matching funds as a condition of receiving grant awards. |
108hr5391ih | (j) 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, including the extent to which military personnel, family members, or partners were served; (2) the adequacy of staff training and services to ensure that the needs of servicemembers, family members, or partners, including transportation and location; and (3) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, or partners. |
108hr5391ih | (k) Availability
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; (2) shall use not less than 20 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; and (3) shall use not less than 10 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, sexual assault, and stalking. |
108hr5391ih | Technical assistance and training under paragraph (3) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not. 1501. Research on sexual assault in the Armed Forces
(a) In general
The Secretary of Defense, in conjunction with the Bureau of Justice Statistics of the Department of Justice, shall carry out a comprehensive 36-month research study that involves the collection and analysis of data on the prevalence and nature of sexual assault in the Armed Forces. |
108hr5391ih | The research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of sexual assault; and (2) the situations and environments in which sexual assault occurs. |
108hr5391ih | (b) Considerations
In carrying out subsection (a), the Secretary shall consider— (1) a definition of sexual assault that encompasses behavior based patterns for the purposes of the research study; (2) how the Secretary should collect information about sexual assault; (3) how the Secretary should collect information beyond self-reports of sexual assault; (4) how the Secretary should adjust the data in order to account for differences between service branches, installations, deployed, training, and nondeployed units, and individual respondents; and (5) the categorization of branches, installations, and units. |
108hr5391ih | (c) Solicitation of views
The Secretary shall solicit views from representatives of the following: (1) The National Institute of Justice. (2) The Office of Violence Against Women. (3) The Centers for Disease Control and Prevention and Women’s Health Office. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Sex offender behavior specialists. (8) Researchers. (9) Other experts in the area of sexual assault. |
108hr5391ih | (d) Sampling techniques
The research study under this section shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each of the Armed Forces. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and length of service in the Armed Forces. |
108hr5391ih | (e) Surveys
In carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of current or former military personnel from all services. In addition to the samples of military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled and to compensate for any observed differential nonresponse among sample members. |
108hr5391ih | (f) Protection of human subjects
The Secretary shall ensure the confidentiality of each survey participant. The Secretary shall adopt protocols for the protection of human subjects in consultation with the National Institute of Justice and the Centers for Disease Control and Prevention. (g) Participation in survey
All military installations that receive a request from the Secretary shall participate in the survey and provide access to any military personnel serving on the installation. |
108hr5391ih | (h) Data analysis and reporting
Once data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of sexual assault within the Armed Forces, prevention strategies, and needs of the victims of sexual assault. The report shall include the following: (1) The incidence and prevalence of sexual assault involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to sexual assault and how those responses vary across the services. |
108hr5391ih | (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to military personnel, families, and partners. (5) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of sexual assault, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to sexual assault. |
108hr5391ih | (i) Authorization of Appropriations
There are authorized to be appropriated $4,000,000 to conduct the research study beginning in fiscal year 2005 and ending in fiscal year 2008. 1502. Research on institutional procedures for reporting sexual assaults in the Armed Forces
(a) Study required
The Secretary of Defense, in consultation with the Attorney General, shall provide for a study to examine procedures undertaken after a military official receives a report of sexual assault. |
108hr5391ih | (b) Matters to be included
The study required by subsection (a) shall include an analysis of— (1) the existence and publication of the Armed Forces definition of sexual assault; (2) the existence and publication of the Armed Forces policy for sexual assaults; (3) the individuals to whom reports of sexual assault are given most often and— (A) how those individuals are trained to respond to such reports; and (B) the extent to which those individuals are trained; (4) the reporting options that are articulated to the victim or victims of sexual assault regarding— (A) on base or post reporting and procedure options; |
108hr5391ih | and (B) off base or post reporting and procedure options; (5) the resources available for victims’ safety, support, medical health, and confidentiality, including— (A) how well the resources are articulated, both specifically to the victim of sexual assault and generally to the military community at large; and (B) the security of the resources in terms of confidentiality or reputation; (6) policies and practices that may prevent or discourage the report of military sexual assaults to local crime authorities or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of military sexual assaults; |
108hr5391ih | (7) policies and procedures found successful in aiding the report and any ensuing investigation or prosecution of a military sexual assault; (8) the on base or post procedures for investigating and disciplining the perpetrator of a sexual assault, including— (A) the format for collecting evidence; and (B) the format of the investigation and disciplinary proceeding, including the command or command representative responsible for running the disciplinary procedure and the persons allowed to attend the disciplinary procedure; and (9) the types of punishment for offenders, including— (A) whether the case is directed outside the military for punishment; and (B) how the military disciplines perpetrators. |
108hr5391ih | (c) Report to congress
The Secretary shall submit to Congress a report on the study required by subsection (a) not later than October 1, 2005. (d) Military sexual assault defined
For purposes of this section, the term military sexual assault means— (1) sexual assault occurring at a military installation; and (2) sexual assault (regardless of where occurring) that is committed by or against a member of the Armed Forces or an officer or employee of the Department of Defense or a contractor for the Department of Defense. |
108hr5391ih | (e) Authorization of Appropriations
There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2005. 1503. Research on domestic violence associated with the Armed Forces
(a) Study required
The Secretary of Defense, in conjunction with the National Institute of Justice of the Department of Justice and the Centers for Disease Control and Prevention of the Department of Health and Human Services, shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of intimate partner violence in the Armed Forces. |
108hr5391ih | The research study shall include the identification of— (1) the common characteristics of victims and perpetrators of domestic violence; (2) the situations and environments in which domestic violence occurs; and (3) the affect of deployments, duty stations, combat service, and veteran and active duty status on domestic violence. |
108hr5391ih | (b) Matters to be included
In carrying out subsection (a), the Secretary shall consider— (1) how domestic violence should be defined for the purposes of the research study; (2) how the Department should collect information about domestic violence; (3) how the Department should collect information beyond self-reports of domestic violence; (4) how the Department should adjust the data in order to account for differences among the services, different installations, and individual respondents; and (5) the categorization of deployments, combat experience, active duty, reserve, guard, veteran status, military bases or branches. |
108hr5391ih | (c) Solicitation of views
In carrying out subsection (a), the Secretary shall consult with representatives of the following: (1) The National Institute of Justice. (2) The Bureau of Justice Statistics. (3) The Office of Violence Against Women of the Department of Justice. (4) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (6) Victim advocates. (7) Researchers. |
108hr5391ih | (8) Other experts in the area of domestic violence. (d) Sampling techniques
The research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each branch of the military and family members. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and tenure in the military. |
108hr5391ih | (e) Surveys
In carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of current or former military personnel and families, or both current and former members and families, from all branches of the Armed Forces. In addition to the samples of military personnel, surveys shall be conducted with a probability-based comparison sample of family members. Surveys shall also be conducted with a probability-based comparison sample who are demographically similar to the survey population. |
108hr5391ih | The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects
The Secretary shall ensure the confidentiality of each survey participant. The Department shall adopt protection of human subject protocols in consultation with the National Institute of Justice and the Centers for Disease Control and Prevention. (g) Participation in survey
All military installations that receive a request from the Department shall participate in the survey and provide access to any military personnel serving on the installation. |
108hr5391ih | (h) Data analysis and reporting
Once data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of domestic violence within the Armed Forces, prevention, intervention and response, and needs of victims of domestic violence. The report shall include the following: (1) The incidence and prevalence of domestic violence involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to domestic violence and how they vary across the services. |
108hr5391ih | (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to military personnel and families. (5) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of domestic violence, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to domestic violence. |
108hr5391ih | (i) Authorization of Appropriations
There are authorized to be appropriated $3,000,000 to conduct the research study beginning in fiscal year 2005 and ending in fiscal year 2007. 1504. Research on institutional procedures for reporting domestic violence in the Armed Forces
(a) Study required
The Secretary of Defense, in consultation with the Attorney General, shall provide for a study to examine procedures undertaken after a military official receives a report of domestic violence, family violence, or intimate partner violence. |
108hr5391ih | (b) Matters to be included
The study required by subsection (a) shall include an analysis of— (1) the existence and publication of the Department of Defense definitions of domestic violence, family violence, and intimate partner violence; (2) the existence and publication of the Department of Defense policy with respect to domestic violence, family violence, and intimate partner violence; (3) the individuals to whom reports of domestic violence, family violence, and intimate partner violence are given most often and— (A) how those individuals are trained to respond to such reports; and (B) the extent to which those individuals are trained; |
108hr5391ih | (4) the reporting options that are articulated to the victim or victims of domestic violence, family violence, or intimate partner violence regarding— (A) on base or post reporting and procedure options; and (B) off base or post reporting and procedure options; (5) the resources available for victims’ safety, support, medical health, and confidentiality, including— (A) how well the resources are articulated, both specifically to the victim of domestic violence, family violence, or intimate partner violence and generally to the military community at large; and (B) the security of the resources in terms of confidentiality or reputation; |
108hr5391ih | (6) policies and practices that may prevent or discourage the report of domestic violence, family violence or intimate partner violence involving Armed Forces personnel to local crime authorities, or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of domestic violence, family violence, or intimate partner violence involving Armed Forces personnel; (7) policies and procedures found successful in aiding the report and any ensuing investigation or prosecution of a domestic violence, family violence, or intimate partner violence involving Armed Forces personnel; (8) the on base or post procedures for investigating and disciplining the perpetrator of a domestic violence, family violence, or intimate partner violence, |
108hr5391ih | including— (A) the format for collecting evidence; and (B) the format of the investigation and disciplinary proceeding, including the command or command representative responsible for running the disciplinary procedure and the persons allowed to attend the disciplinary procedure; and (9) types of punishment for offenders, including— (A) whether the case is directed outside the military for punishment; and (B) how the military disciplines perpetrators. (c) Report to congress
A report of the study required by subsection (a) shall be submitted to Congress not later than October 1, 2005. |
108hr5391ih | (d) Definitions
For purposes of this section, the terms domestic violence , family violence , and intimate partner violence mean an incidence of such violence— (1) that occurs at a military installation; or (2) regardless of where occurring, that is committed by or against a member of the Armed Forces or an officer or employee of the Department of Defense. (e) Authorization of Appropriations
There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2005. 1505. |
108hr5391ih | Research on dating violence associated with the Armed Forces
(a) Study required
The National Institute of Justice of the Department of Justice (referred to in this section as the Institute ) shall carry out a comprehensive, 12-month research study that involves the collection and analysis of data on the prevalence and nature of intimate partner violence, including dating violence and violence among former spouses or partners who are cohabiting with or have cohabited with members of the Armed Forces. |
108hr5391ih | (b) Matters to be included
The research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of intimate partner violence; (2) the situations and environments in which intimate partner violence occurs; and (3) the effect of deployments, duty stations, combat service, veteran, reserve or active duty or combat status. |
108hr5391ih | (c) Considerations
In carrying out subsection (a), the Institute shall consider— (1) how intimate partner violence should be defined for the purposes of the research study; (2) how the Institute should collect information about intimate partner violence in the Armed Forces; (3) how the Institute should collect information beyond self-reports of intimate partner violence; (4) how the Institute should adjust the data in order to account for differences between the services, installations, and individual respondents; and (5) the categorization of deployments, combat, active duty, reserve, guard, veteran status, service branches or installations. |
108hr5391ih | (d) Solicitation of views
In carrying out subsection (a), the Institute shall consult with representatives of the following: (1) The Department of Defense. (2) The Bureau of Justice Statistics of the Department of Justice. (3) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Victim advocates. (6) Researchers. (7) Other experts in the area of intimate partner violence. |
108hr5391ih | (e) Sampling techniques
The research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each branch of the Armed Forces and family members. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank and tenure in the military. |
108hr5391ih | (f) Surveys
In carrying out the research study under subsection (a), the Institute shall, in addition to such other methods as the Institute considers appropriate, use surveys of current and/or former military personnel and families from all branches of the military. In addition to the samples of military personnel, surveys shall also be conducted with a probability-based comparison sample who are demographically similar to the survey population. The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. |
108hr5391ih | (g) Protection of human subjects
The Institute shall ensure the confidentiality of each survey participant. The Institute shall adopt protection of human subject protocols. (h) Participation in survey
All military installations that receive a request from the Institute shall participate in the survey and provide access to any military personnel serving on the installation. (i) Data analysis and reporting
Once data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of intimate violence within the Armed Forces, prevention, intervention and response, and needs of victims of intimate partner violence. |
108hr5391ih | The report shall contain the following: (1) The incidence and prevalence of intimate partner violence involving members of the Armed Forces. (2) A discussion of the prevention and intervention available to intimate partners of members of the Armed Forces. (3) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to intimate partner violence and how those responses vary across the services. (4) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. |
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