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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 servicemember...
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(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.
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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, sex...
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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 collaboratio...
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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 imp...
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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 experie...
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(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 ...
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(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 A...
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(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 o...
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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 assa...
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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 ser...
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(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 st...
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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 suc...
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(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.
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(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 person...
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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 A...
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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 servic...
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(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 su...
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(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 en...
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(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.
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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 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...
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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.
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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 healt...
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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 yea...
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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...
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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 ...
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(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 f...
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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 ...
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(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 m...
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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 tre...
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(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.
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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 nonpr...
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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...
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(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 c...
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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 assau...
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(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 per...
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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)...
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(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 ...
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(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...
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(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 ...
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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...
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(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) ...
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(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 pur...
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(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, Fam...
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(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 rec...
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(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 receive...
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(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, ...
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(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 hi...
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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 $...
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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 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 unde...
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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 Departmen...
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(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;...
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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 ...
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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...
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(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...
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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...
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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 geographi...
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(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 au...
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(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)...
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(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 ensu...
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(k) 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 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...
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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 Sec...
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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.
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(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 be...
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(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 ...
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(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...
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(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 ...
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(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 Al...
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(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 assaul...
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(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 ...
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(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, ...
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(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 g...
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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 ...
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(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...
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(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) sexu...
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(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 Departme...
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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...
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(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 o...
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(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 Preven...
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(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 inclu...
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(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. I...
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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 ensur...
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(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 o...
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(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 ...
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(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...
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(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 respe...
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(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, ...
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(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 viole...
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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 offende...
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(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...
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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 an...
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(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 servic...
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(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 informa...
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(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 Service...
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(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 col...
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(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, s...
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(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 acce...
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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 rehabi...