[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5391 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5391

To reduce sexual assault and domestic violence involving members of the 
  Armed Forces and their family members and partners through enhanced 
  programs of prevention and deterrence, enhanced programs of victims 
 services, and strengthened provisions for prosecution of assailants, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2004

Ms. Slaughter introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committees on the 
   Judiciary and Veterans' Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To reduce sexual assault and domestic violence involving members of the 
  Armed Forces and their family members and partners through enhanced 
  programs of prevention and deterrence, enhanced programs of victims 
 services, and strengthened provisions for prosecution of assailants, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prevention of and 
Response to Sexual Assault and Domestic Violence in the Military Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings relating to domestic violence within the Armed Forces.
Sec. 4. Findings relating to sexual misconduct in the Armed Forces.
    TITLE I--VICTIMS' ADVOCATE PROGRAMS IN THE DEPARTMENT OF DEFENSE

Sec. 101. Office of the victims' advocate.
Sec. 102. Victims advocates.
 TITLE II--INTERDISCIPLINARY COUNCILS WITHIN THE DEPARTMENT OF DEFENSE

Sec. 201. Department of Defense interdisciplinary council.
Sec. 202. Military department councils.
Sec. 203. Conforming repeal.
TITLE III--REPORTING OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND STALKING 
                    WITHIN THE DEPARTMENT OF DEFENSE

Sec. 301. Complaints of sexual assault and domestic violence.
Sec. 302. Response of military law enforcement officials to domestic 
                            violence incidents.
Sec. 303. Investigations of sexual and domestic violence cases 
                            involving Department of Defense personnel.
 TITLE IV--PROTECTION OF PERSONS REPORTING SEXUAL ASSAULT OR DOMESTIC 
                                VIOLENCE

Sec. 401. Protection of communications between victims and advocates.
Sec. 402. Whistleblower protections for victim advocates.
Sec. 403. Prohibition of compulsory disclosure of certain 
                            communications and information.
               TITLE V--PERSONNEL ADMINISTRATION MATTERS

Sec. 501. Performance evaluations and benefits.
 TITLE VI--NATIONAL AND INTERNATIONAL HOTLINES AWARENESS, PREVENTION, 
                       AND INTERVENTION CAMPAIGN

Sec. 601. Awareness, prevention, and intervention campaign.
    TITLE VII--MEDICAL CARE AND TREATMENT FOR VICTIMS OF SEXUAL AND 
                           DOMESTIC VIOLENCE

Sec. 701. Findings.
Sec. 702. Enhanced Department of Defense treatment capacity.
Sec. 703. Outreach program at the community level.
Sec. 704. Equal treatment and services.
Sec. 705. Evaluation of services and treatment within deployed units.
Sec. 706. Emergency medical leave.
Sec. 707. Reports.
Sec. 708. Transition to veterans health care for victims or 
                            perpetrators of domestic violence, sexual 
                            assault, family violence, or stalking.
Sec. 709. Privacy safeguards.
             TITLE VIII--MILITARY-CIVILIAN SHELTER PROGRAMS

Sec. 801. Enhanced capacity of the Department of Defense for shelter 
                            programs and services.
      TITLE IX--ENHANCEMENT OF ARMED FORCES DOMESTIC SECURITY ACT

Sec. 901. Amendments to Servicemembers Civil Relief Act.
    TITLE X--CRIMES RELATED TO SEXUAL ASSAULT AND DOMESTIC VIOLENCE

                   Subtitle A--Federal Criminal Code

Sec. 1001. Assimilative crimes.
Sec. 1002. Jurisdiction for sexual assault and domestic violence 
                            offenses committed outside the United 
                            States.
Sec. 1003. Technical amendments.
Sec. 1004. Travel and transportation.
              Subtitle B--Uniform Code of Military Justice

Sec. 1011. Military sexual assault.
Sec. 1012. Stalking.
Sec. 1013. Domestic violence and family violence.
Sec. 1014. Protective orders.
               TITLE XI--VICTIM'S RIGHTS AND RESTITUTION

Sec. 1101. Military law enforcement and victims' rights.
Sec. 1102. Incident reports.
Sec. 1103. Victim advocates and victims' rights.
Sec. 1104. Restitution.
Sec. 1105. Records of military justice actions.
Sec. 1106. Technical amendments relating to fatality review panels.
Sec. 1107. Enhanced capacity of the Department of Defense for victim 
                            services.
TITLE XII--COUNSELING AND TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS 
                                AFFAIRS

Sec. 1201. Permanent authority for counseling and treatment of veterans 
                            for sexual trauma.
Sec. 1202. Authority to operate additional Department of Veterans 
                            Affairs centers for mental illness 
                            research, education, and clinical 
                            activities.
Sec. 1203. Improvement of program for provision of specialized mental 
                            health services to veterans.
Sec. 1204. Enhancement of readjustment counseling services for reserve 
                            component members.
     TITLE XIII--ENHANCEMENT OF TREATMENT SERVICES FOR PERPETRATORS

Sec. 1301. Enhanced capacity of the Department of Defense for treatment 
                            services for offenders.
 TITLE XIV--PREVENTION AND INTERVENTION TRAINING IN THE DEPARTMENT OF 
                                DEFENSE

Sec. 1401. Prevention and intervention training awards.
   TITLE XV--RESEARCH ON PREVALENCE, NEEDS ASSESSMENT, SERVICES, AND 
                             ACCOUNTABILITY

Sec. 1501. Research on sexual assault in the Armed Forces.
Sec. 1502. Research on institutional procedures for reporting sexual 
                            assaults in the Armed Forces.
Sec. 1503. Research on domestic violence associated with the Armed 
                            Forces.
Sec. 1504. Research on institutional procedures for reporting domestic 
                            violence in the Armed Forces.
Sec. 1505. Research on dating violence associated with the Armed 
                            Forces.
Sec. 1506. Research on sexual violence perpetrated upon civilians.
Sec. 1507. Research on child maltreatment, abuse, and homicide in the 
                            Armed Forces.
       TITLE XVI--SUMMIT ON SEXUAL ASSAULT AND DOMESTIC VIOLENCE

Sec. 1601. Purposes.
Sec. 1602. Establishment.
Sec. 1603. Eligible participants.
Sec. 1604. Summit activities.
Sec. 1605. Authorization of appropriations.
     TITLE XVII--CONFERENCE ON SEXUAL ASSAULT AND DOMESTIC VIOLENCE

Sec. 1701. Establishment.
Sec. 1702. Conference participants.
Sec. 1703. Conference activities.
Sec. 1704. Authorization of appropriations.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Domestic violence.--The term ``domestic violence'' has 
        the meaning given that term in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
            (2) Family violence.--The term ``family violence'' has the 
        meaning given that term in section 308 of the Family Violence 
        Prevention and Services Act (42 U.S.C. 10408).
            (3) Sexual assault.--The term ``sexual assault'' means any 
        conduct proscribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States or in a 
        Federal prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by blood or 
        marriage to the victim.
            (4) Sexual misconduct.--The term ``sexual misconduct'' 
        includes the following:
                    (A) Sexual harassment, entailing any conduct 
                involving sexual harassment that--
                            (i) in the case of conduct of a person who 
                        is subject to the provisions of chapter 47 of 
                        title 10, United States Code (the Uniform Code 
                        of Military Justice), comprises a violation of 
                        a provision of subchapter X of such chapter 
                        (relating to punitive articles of such Code) or 
                        an applicable regulation, directive, or 
                        guideline regarding sexual harassment that is 
                        prescribed by the Secretary of Defense or the 
                        Secretary of a military department; and
                            (ii) in the case of an employee of the 
                        Department of Defense or a family member 
                        subject to the jurisdiction of the Secretary of 
                        Defense or of the Secretary of a military 
                        department, comprises a violation of a 
                        regulation, directive, or guideline that is 
                        applicable to such employee or family member.
                    (B) Sexual abuse.
                    (C) Sexual assault.
                    (D) Sexual battery.
                    (E) Rape.
            (5) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct as proscribed in chapter 109A of title 18, 
        United States Code, as directed at a specific person that would 
        cause a reasonable person to fear death, sexual assault, or 
        bodily injury to himself or herself or a member of his or her 
        immediate family when--
                    (A) the person engaging in such conduct has 
                knowledge or should have knowledge that the specific 
                person will be placed in reasonable fear of death, 
                sexual assault, or bodily injury to himself or herself 
                or a member of his or her immediate family; and
                    (B) the conduct induces fear in the specific person 
                of death, sexual assault, or bodily injury to himself 
                or herself or a member of his or her immediate family.
            (6) Armed forces.--The term ``Armed Forces'' has the 
        meaning provided in section 101(a)(4) of title 10, United 
        States Code.
            (7) Family advocacy program.--The term ``family advocacy 
        program'' has the meaning provided in Department of Defense 
        Directive 6400.1, issued by the Office of Family Policy of the 
        Department of Defense established by section 1781 of title 10, 
        United States Code.
            (8) Victims' advocates program.--The term ``victims' 
        advocates program'' means a program established within a 
        military department pursuant to section 534(a) of the National 
        Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 113 
        note).
            (9) Victim.--The term ``victim'' means a person who is a 
        victim of domestic violence, family violence, sexual assault, 
        stalking, or sexual misconduct committed--
                    (A) by or upon a member of the Armed Forces;
                    (B) by or upon a family member of a member of the 
                Armed Forces;
                    (C) by or upon a person who shares a child in 
                common with a member of the Armed Forces;
                    (D) by or upon a person who is cohabiting with or 
                has cohabited as a spouse with a member of the Armed 
                Forces;
                    (E) by or upon a person similarly situated to a 
                spouse of a member of the Armed Forces; or
                    (F) by or upon any other person who is protected 
                from the acts of a member of the Armed Forces or an 
                officer or employee of the Department of Defense in the 
                official capacity of that member, officer, or employee.
            (10) Victim services.--The term ``victim services 
        organization'' means a nonprofit, nongovernmental organization 
        or a public, nonprofit organization acting in a nongovernmental 
        capacity that assists domestic violence, family violence, or 
        sexual assault victims, including women's centers, rape crisis 
        centers, battered women's shelters, and other sexual assault, 
        domestic violence or dating violence programs, including 
        counseling, support and victim advocate organizations with 
        domestic violence, dating violence, stalking, and sexual 
        assault programs.
            (11) Dating violence.--The term ``dating violence'' means 
        violence committed by a person--
                    (A) who is or has been in a social relationship of 
                a romantic or intimate nature with the victim; and
                    (B) where the existence of such a relationship 
                shall be determined based on a consideration of--
                            (i) the length of the relationship;
                            (ii) the type of relationship; and
                            (iii) the frequency of interaction between 
                        the persons involved in the relationship.
            (12) Electronic communication.--The term ``electronic 
        communication'' has the meaning given that term in paragraph 
        (12) of section 2510 of title 18, United States Code.
            (13) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, Guam, the Virgin Islands, 
        American Samoa, and any other territory or possession of the 
        United States.
            (14) Transitional housing.--The term ``transitional 
        housing'' includes short-term housing and has the meaning given 
        that term in section 424(b) of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11384(b)).
            (15) Complaint.--The term ``complaint'', with respect to an 
        allegation of family violence, sexual assault, stalking, or 
        domestic violence, includes a report of such allegation.
            (16) Military law enforcement official.--The term 
        ``military law enforcement official'' means a person authorized 
        under regulations governing the Armed Forces to apprehend 
        persons subject to the Uniform Code of Military Justice 
        (chapter 47 of title 10, United States Code) or to trial 
        thereunder.
            (17) 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 and components of which include--
                    (A) 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; and
                    (B) a long-term group that helps end the violent 
                behavior of its participants with formal linkages to 
                the local criminal justice systems and to area domestic 
                violence services.
            (18) Representative of the victim.--The term 
        ``representative of the victim'' means, with respect to a 
        victim, any of the following:
                    (A) The surviving spouse.
                    (B) A surviving child of the decedent who has 
                attained 18 years of age.
                    (C) A surviving parent of the decedent.
                    (D) A surviving adult relative.
                    (E) The public administrator appointed by a probate 
                court, if one has been appointed.
            (19) Partner.--The term ``partner'' means any of the 
        following:
                    (A) A person who is or has been in a social 
                relationship of a romantic or intimate nature with 
                another, where the existence of such a relationship is 
                determined based on a consideration of the length of 
                the relationship, the type of relationship, and the 
                frequency of interaction between the persons involved 
                in the relationship.
                    (B) A person who shares a child in common with 
                another person.
                    (C) A person who is cohabiting with or has 
                cohabited as a spouse by regularly residing in the 
                household.
                    (D) A person similarly situated to a spouse.
                    (E) A former spouse.

SEC. 3. FINDINGS RELATING TO DOMESTIC VIOLENCE WITHIN THE ARMED FORCES.

    Congress makes the following findings:
            (1) The prevalence of intimate partner violence associated 
        with the Armed Forces is dramatic. In fiscal year 2001, 18,000 
        reported cases of spouse abuse occurred involving military 
        personnel, of which 11,000 cases were substantiated by the 
        Department of Defense Family Advocacy Program.
            (2) In a survey of intimate partner violence among married 
        members of the Armed Forces, approximately 30 percent of the 
        respondents who acknowledged using a knife or gun on an 
        intimate partner were single service members. Thirty-three 
        percent of never-married soldiers reported using a knife or a 
        gun; however only five percent of the never married soldiers 
        answered the survey.
            (3) The predominant type of spouse abuse associated with 
        the Armed Forces is physical assault. A study found that 85 
        percent of the offenders in the Armed Forces committed physical 
        assaults.
            (4) Several studies commissioned by the Department of 
        Defense have concluded that the Department and its service 
        branches have failed to standardize data collection and that 
        data related to recidivism and reoffense are unreliable. 
        Underreporting, informal handling, and slippages in central 
        data collection have also been cited as contributing to the 
        lack of reliable data.
            (5) The victims of intimate partner violence associated 
        with the Armed Forces are particularly vulnerable due to 
        isolation, mobile residency, financial insecurity, and fear of 
        adverse career consequences and impact, with resultant severe 
        underreporting of incidents and the failure to access services, 
        care, and treatment.
            (6) The safety of the victim is significantly affected by 
        confusion over the definition of intimate partner violence, 
        family violence, sexual assault, rape, and spouse abuse.
            (7) The safety of a victim is significantly affected by the 
        substantiation of mutual abuse. A study conducted by the 
        Department of Defense concluded that 33 percent of the 
        offenders were involved in mutual abuse. The identification of 
        the primary aggressor is essential to the safety of a victim.
            (8) The victims of family violence are vulnerable to 
        eviction from military housing. Department of Defense data 
        indicates that 47 percent of the victims of family violence 
        reside on a military installation. The Department of Defense 
        should support transitional housing for family members 
        challenged by domestic violence, sexual assault, or stalking.
            (9) The Department of Defense has sponsored programs to 
        prevent, identify, and curtail family violence. The 
        rehabilitative, nonjudicial, legal, and judicial responses to 
        family violence are not standardized or comprehensive for the 
        Armed Forces.
            (10) The Department of Defense has acknowledged multiple 
        barriers to operating programs to curtail intimate partner 
        violence, including lack of awareness and understanding in the 
        military community of the signs and dynamics of family 
        violence, inconsistent command support for Family Advocacy 
        Program recommendations and interventions, operational barriers 
        to victim safety and client participation, and unit deployment 
        schedules interfering with full participation in and timely 
        completion of treatment programs by active-duty servicemembers.
            (11) Commander discretion plays a major role in a zero 
        tolerance climate, victim safety, and offender accountability. 
        Command support and training by professionals in the fields of 
        family violence and sexual assault would enhance the readiness 
        of the Armed Forces.
            (12) The rates of domestic violence among members of the 
        Armed Forces are considerably higher than anticipated and are 
        two, three, four, or five times higher than the civilian rate.
            (13) Military deployments affect the prevalence and 
        severity of abuse within the Armed Forces.
            (14) A review of homicides within the Armed Forces 
        indicates that firearms were used against 35 percent of female 
        victims, while 28 percent of female victims were beaten or 
        strangled. Females were over ten times more likely than males 
        to be strangled. The study concluded that active-duty females 
        were at increased risk for homicide in comparison to both males 
        in the Armed Forces and females in the general population.
            (15) Five to six percent of substantiated offenders are 
        court-martialed by military authorities.
            (16) A study commissioned by the Department of Defense 
        concluded that 75 to 84 percent of active-duty offenders were 
        discharged honorably.
            (17) The health and welfare of Armed Forces personnel, 
        families, and partners would be greatly enhanced by elimination 
        of domestic and family violence.

SEC. 4. FINDINGS RELATING TO SEXUAL MISCONDUCT IN THE ARMED FORCES.

    Congress makes the following findings:
            (1) The first large-scale survey of sexual misconduct 
        within the Armed Forces concluded that 5 percent of female 
        respondents and 1 percent of male respondents were victims of 
        completed or attempted rape.
            (2) The most recent estimates suggest that sexual 
        misconduct in the Armed Forces has decreased from 6 percent of 
        female respondents reporting a completed or attempted rape to 3 
        percent of female respondents reporting the same.
            (3) Department of Defense surveys have ranked the 
        prevalence of sexual misconduct among the services, citing 9 
        percent of female Marines were victims of an attempted or 
        completed rape, 8 percent of female Army personnel, 6 percent 
        of female Naval personnel, and 4 percent of Air Force female 
        personnel.
            (4) A survey by the Department of Veterans Affairs 
        concluded that 30 percent of female veterans report an 
        attempted or completed rape during active duty. Thirty-seven 
        percent of the women who reported an attempted or completed 
        rape had been raped more than once, while 14 percent of the 
        victims reported being gang raped.
            (5) The disparity between the surveys conducted by the 
        Department of Defense and Department of Veterans Affairs 
        entails the application of research protocols varying from 
        civilian practices, including the protection of human subjects, 
        anonymity for respondents, and behavior based questionnaires.
            (6) Men accounted for 22 percent of those seeking treatment 
        for sexual trauma at the Veterans' Centers in 1996, an increase 
        from 13 percent in 1994. The percentage of male sexual trauma 
        victims, 9 percent, is significantly higher than in the 
        civilian community.
            (7) Eight percent of female Persian Gulf War veterans in a 
        survey reported being sexually abused during Operation Desert 
        Shield and Operation Desert Storm. The rate of victimization 
        experienced by female servicemembers deployed during the Gulf 
        War represents nearly a 10-fold increase over rates obtained 
        using female civilian community samples.
            (8) In a survey of veterans seeking disability benefits 
        from the Department of Veterans Affairs for post-traumatic 
        stress disorder (PTSD), 6.5 percent of male combat veterans 
        reported an in service or post service sexual assault, while 
        16.5 percent of noncombat veterans reported an in service or 
        post service sexual assault; 69 percent of female combat 
        veterans and 86.6 percent of female noncombat veterans reported 
        an in-service or post service sexual assault. The reported 
        rates of sexual assault are higher among veterans seeking 
        veterans' disability benefits for PTSD than the historically 
        reported rates for men and women in the general population.
            (9) The military environment is more powerfully associated 
        with risk than individual factors, encompassing young women 
        entering male dominated working groups at lower levels of 
        authority, sexual harassment by officers, and unwanted advances 
        on duty and in sleeping quarters.
            (10) The prior victimization of the female servicemembers 
        has been cited in numerous service sponsored studies. Prior 
        victimization results in enhanced vulnerability of a victim.
            (11) Female servicemembers are less likely to report 
        harassment, rape, and family violence due to fear of adverse 
        career impact and charges of drinking, fraternization, and 
        adultery.
            (12) The response of the Armed Forces is predominantly an 
        administrative intervention rather than criminal 
        investigations, charges, and judicial proceedings.
            (13) The overlap of physical, sexual, and emotional abuse 
        is routinely found in studies and case histories of survivors. 
        Research relative to active duty military women has cited this 
        overlap indicating that one third of female veterans who 
        experience physical assault by an intimate partner also report 
        being sexually assaulted.

   TITLE I--VICTIMS' ADVOCATE PROGRAMS IN THE DEPARTMENT OF DEFENSE.

SEC. 101. OFFICE OF THE VICTIMS' ADVOCATE.

    (a) In General.--Part II of subtitle A of title 10, United States 
Code, is amended by adding at the end the following new chapter:

             ``CHAPTER 90--OFFICE OF THE VICTIMS' ADVOCATE

``1811. Office of the Victims' Advocate: establishment.
``1812. Office of the Victims' Advocate: responsibilities.
``1813. Office of the Victims' Advocate: Director and staff.
``1814. Office of the Victims' Advocate: access.
``1815. Office of the Victims' Advocate: authorities and powers.
``1816. Office of the Victims' Advocate: victim protection actions.
``1817. Office of the Victims' Advocate: victims advocates 
                            whistleblower protections.
``1818. Office of the Victims' Advocate: annual assessment.
``1819. Office of the Victims' Advocate: annual reports.
``1820. Office of the Victims' Advocate: policy implementation.
``1821. Authorization of appropriations.
``Sec. 1811. Office of the Victims' Advocate: establishment
    ``(a) Establishment.--There is in the Office of the Secretary of 
Defense an Office of the Victims' Advocate (hereinafter in this chapter 
referred to as the `Office').
    ``(b) Victim Defined.--In this chapter, the term `victim' means a 
person who is a victim of domestic violence, family violence, sexual 
assault, stalking, or sexual misconduct committed--
            ``(1) by or upon a member of the armed forces;
            ``(2) by or upon a family member of a member of the armed 
        forces;
            ``(3) by or upon a person who shares a child in common with 
        a member of the armed forces;
            ``(4) by or upon a person who is cohabiting with or has 
        cohabited as a spouse with a member of the armed forces;
            ``(5) by or upon a person similarly situated to a spouse of 
        a member of the armed forces; or
            ``(6) by or upon any other person who is protected from the 
        acts of a member of the armed forces or an officer or employee 
        of the Department of Defense in the official capacity of that 
        member, officer, or employee.
``Sec. 1812. Office of the Victims' Advocate: responsibilities
    ``(a) Coordination Functions.--(1) The Office shall restore access 
to services for victims and survivors of domestic violence, family 
violence, sexual assault, and stalking.
    ``(2) The Office shall contract victim advocates in the Department 
of Defense for purposes of victims' advocates programs in the 
Department of Defense under section 534 of the National Defense 
Authorization Act for Fiscal Year 1995 (10 U.S.C. 113 note). In 
awarding contracts under this paragraph, the Director shall--
            ``(A) ensure that such contracts are awarded on a 
        competitive basis;
            ``(B) ensure, to the extent practicable, an equitable 
        geographic distribution among the regions of the United States 
        and among urban, suburban and rural areas;
            ``(C) give preference to applicants with strong ties to 
        minority communities and those that demonstrate high levels of 
        cultural competence; and
            ``(D) ensure that the victim advocates have received 
        specialized training in the counseling and support of victims 
        and that each victim advocate meets the following requirements:
                    ``(i) Has a master's degree in counseling or a 
                related field or has one year of counseling experience, 
                at least six months of which has been in the counseling 
                of sexual assault or domestic violence victims.
                    ``(ii) Has at least 40 hours of training as 
                specified by regulations prescribed by the Director, 
                including training in the following areas:
                            ``(I) History of domestic violence and 
                        sexual assault.
                            ``(II) Civil, criminal and military law as 
                        it relates to domestic violence and sexual 
                        assault.
                            ``(III) Societal attitudes.
                            ``(IV) Peer counseling techniques.
                            ``(V) Housing.
                            ``(VI) Public and private assistance 
                        available to victims.
                            ``(VII) Financial resources for victims.
                            ``(VIII) Safety and protection resources 
                        for victims.
                            ``(IX) Victim and transitional 
                        compensation.
                            ``(X) Benefits.
                            ``(XI) Referral services available to 
                        victims.
    ``(3) The Office shall serve as headquarters program manager for 
the Victims' Advocates Program in the Department of Defense under 
section 534 of the National Defense Authorization Act for Fiscal Year 
1995 (10 U.S.C. 113 note).
    ``(4) The Office shall obtain for any victim of domestic violence, 
family violence, sexual assault, or stalking referred to in this 
section, from any facility of the uniformed services or any other 
health care facility of the United States or, by contract, from any 
other source, medical services, counseling, and other mental health 
services appropriate for treatment, including--
            ``(A) injuries resulting from domestic violence, sexual 
        assault or stalking;
            ``(B) rape evidence kits;
            ``(C) DNA screening and testing;
            ``(D) sexually transmitted diseases screening and 
        treatment;
            ``(E) HIV screening and treatment;
            ``(F) pregnancy testing;
            ``(G) FDA-approved methods of pregnancy prevention, 
        including emergency contraception;
            ``(H) reproductive services, including prenatal care and 
        abortions as authorized by section 1093 of this title; and
            ``(I) other mental and physiological results of the 
        domestic violence, sexual assault, or stalking.
    ``(5) The Office shall coordinate and facilitate services within 
the military departments for victims and survivors of domestic 
violence, family violence, sexual assault, and stalking.
    ``(6) The Office shall coordinate programs and activities of the 
military departments relative to services and treatment for victims of 
domestic violence, family violence, sexual assault, and stalking.
    ``(b) Evaluation and Review Responsibilities.--The Director shall 
carry out the following ongoing evaluations and reviews:
            ``(1) Evaluation of the policies and protocols established 
        by the military departments providing such services and 
        treatment, with a view towards the rights of victims of 
        domestic violence, family violence, sexual assault, and 
        stalking.
            ``(2) Evaluation of the programs established by the 
        military departments providing services to victims of domestic 
        violence, family violence, sexual assault, and stalking.
            ``(3) Evaluation of the delivery of services of the 
        military departments that provide services and treatment to 
        victims of domestic violence, family violence, sexual assault, 
        and stalking through funds provided by the Department of 
        Defense, Department of Justice, or Department of Health and 
        Human Services.
            ``(4) Annual review of the facilities of the Department of 
        Defense providing services to victims of domestic violence, 
        family violence, sexual assault, or stalking.
            ``(5) Annual review of the National Domestic Violence 
        Hotline, the National Sexual Assault Hotline, and the American 
        Women Overseas Hotline relative to projects for military 
        personnel, families and partners, and installation hotlines for 
        victims of domestic violence, family violence, sexual assault, 
        or stalking.
            ``(6) Annual review of the victim witness assistance 
        programs within the Department of Defense.
            ``(7) Review of complaints of persons and investigation of 
        those where victims may be in need of or benefit from 
        assistance from a victim advocate.
            ``(8) Serve or designate a person to serve on the 
        interdisciplinary councils under sections 201 and 202 of the 
        Prevention of and Response to Sexual Assault and Domestic 
        Violence in the Military Act.
            ``(9) Serve or designate a person to serve on the fatality 
        review panels established by the Secretary of Defense under 
        sections 4061, 6036, and 9061 of this title.
    ``(c) Policy Responsibilities.--(1) The Director shall recommend to 
the Secretary of Defense and the Secretaries of the military 
departments a comprehensive policy on prevention and intervention to 
domestic violence, family violence, sexual assault and stalking 
involving members of the armed forces, families, and partners. The 
comprehensive policy shall address the following matters:
            ``(A) Prevention measures.
            ``(B) Education and training on prevention and 
        intervention.
            ``(C) Investigation of complaints by command and law 
        enforcement personnel.
            ``(D) Medical treatment of victims.
            ``(E) Confidential reporting of incidents.
            ``(F) Victim advocacy and intervention.
            ``(G) Oversight by commanders of administrative and 
        disciplinary actions in response to substantiated incidents of 
        domestic violence, family violence, sexual assault, or 
        stalking.
            ``(H) Disposition of victims of domestic violence, family 
        violence, sexual assault, or stalking, including review by 
        appropriate authority of administrative separation actions 
        involving victims of domestic violence, family violence, sexual 
        assault, or stalking.
            ``(I) Disposition of members of the armed forces accused of 
        domestic violence, family violence, sexual assault, or 
        stalking.
            ``(J) Liaison and collaboration with civilian agencies on 
        the provision of services to victims of domestic violence, 
        family violence, sexual assault, or stalking.
            ``(K) Uniform collection of data on the incidence of sexual 
        assaults and on disciplinary actions taken in substantiated 
        cases of domestic violence, family violence, sexual assault, or 
        stalking.
    ``(2) Not later than January 1, 2005, the Secretary of Defense, 
acting through the Office of the Victims' Advocate, shall develop a 
comprehensive policy for the Department of Defense on the prevention 
and intervention of domestic violence, sexual assault, family violence 
and stalking involving members of the armed forces. The policy shall be 
based on--
            ``(A) a review of--
                    ``(i) the Department of Defense Task Force on Care 
                for Victims of Sexual Assaults; and
                    ``(ii) the Defense Task Force on Domestic Violence; 
                and
            ``(B) such other matters as the Secretary, in consultation 
        with the Director of the Office of the Victims' Advocate, 
        considers appropriate.
    ``(3) The Office shall recommend changes in policies, personnel, 
and procedures for dealing with domestic violence, family violence, 
sexual assault and stalking based on evaluations outlined in subsection 
(b) and as the Director of the Office of the Victims' Advocate 
considers appropriate.
    ``(4) The Office shall establish protective provisions and 
protocols, including a privacy privilege and nondisclosure policy.
    ``(5) The Office shall prescribe regulations to establish 
responsibilities of military law enforcement officials at the scene of 
domestic violence, as defined by section 1058 of this title, and 
fatality review panels, as defined by sections 4061, 6036, and 9061 of 
this title, to carry out the provisions of those sections.
    ``(6) The Office shall propose systemic reform and formal legal 
action to secure and ensure the legal, civil, and special rights of 
victims associated with the armed forces.
    ``(d) Education and Training Responsibilities.--(1) The Office 
shall conduct training for and provide technical assistance to--
            ``(A) commands;
            ``(B) victim advocates;
            ``(C) Family Advocacy Programs;
            ``(D) victim witness assistance;
            ``(E) commissions; liaisons;
            ``(F) judge advocates; and
            ``(G) law enforcement and security forces of the military 
        departments.
    ``(2) The Office shall conduct annual, Defense-wide, mandatory 
training for--
            ``(A) command staff; first responders, including 
        commanders;
            ``(B) law enforcement;
            ``(C) security forces;
            ``(D) victim advocates;
            ``(E) military criminal investigators;
            ``(F) Family Advocacy Programs;
            ``(G) sexual assault nurse examiners;
            ``(H) rape crisis advocates;
            ``(I) chaplains;
            ``(J) military health care providers;
            ``(K) judge advocates; and
            ``(L) other relevant staff.
    ``(3) The Office shall conduct train-the-trainer sessions to 
supplement annual mandatory training for first responders and command 
staff with quarterly training within commands.
    ``(4) The Office shall conduct programs of public education, 
including the development and distribution of brochures, booklets, 
posters, and handbooks outlining hotlines, services, contact 
information, policies, and protocols for victims.
``Sec. 1813. Office of the Victims' Advocate: Director and staff
    ``(a) Director.--(1) The Director of the Office shall be a person 
with knowledge of victims' rights, advocacy, social services, and 
justice within Federal, State, and military systems.
    ``(2) The Director shall be a civilian qualified by training and 
expertise to perform the responsibilities of the Office and possessing 
a significant level of experience in advocacy for victims of sexual 
assault, domestic violence, family violence, and stalking.
    ``(3) The Director reports directly to the Secretary of Defense.
    ``(4) The position of Director is a Senior Executive Service 
position. The Secretary of Defense shall designate the position as a 
career reserved position under section 3132(b) of title 5.
    ``(5) The Secretary of Defense shall consult with the 
interdisciplinary council established under section 201 of the 
Prevention of and Response to Sexual Assault and Domestic Violence in 
the Military Act in the appointment of the Director.
    ``(b) Victims Advocates.--(1) Victims advocates positions (as 
defined by section 534 of the National Defense Authorization Act for 
Fiscal Year 1995 (10 U.S.C. 113 note)) shall be contracted by and 
assigned to the Director. Personnel shall be qualified by training, 
certification, and expertise to perform the duties of a victim 
advocate.
    ``(2) Victim advocates shall be civilians qualified by training, 
expertise, and certification to perform the responsibilities of the 
position, possessing a significant level of knowledge relative to the 
armed forces community and experience in advocacy for victims of sexual 
assault, domestic violence, family violence, and stalking.
    ``(3) The victim advocates report directly to the Director or the 
Director's designee within the Office.
    ``(4) The Director shall consult with the interdisciplinary 
councils established under sections 201 and 202 of the Prevention of 
and Response to Sexual Assault and Domestic Violence in the Military 
Act in the contracting of victim advocates.
    ``(5) To the maximum extent practicable, the victim advocates shall 
be generally representative of the population of the United States with 
regard to race, gender, and cultural diversity.
    ``(c) Victim Witness Personnel.--Victim witness personnel shall be 
assigned to the Office.
    ``(d) Staff.--(1) Staff shall be provided to carry out the 
responsibilities of the Office, including sexual assault nurse 
examiners, community liaisons, trauma specialists, perpetrator 
behavioral specialists, and such other personnel as may be required to 
carry out the provisions of this section.
    ``(2) To the maximum extent practicable, the staff of the Office 
shall be generally representative of the population of the United 
States with regard to race, gender, and cultural diversity.
``Sec. 1814. Office of the Victims' Advocate: access
    ``(a) Access to Senior Officials.--The Director of the Office shall 
have direct and prompt access to the Secretary of Defense, the 
Secretary of each military department, and any commander when necessary 
for any purpose pertaining to the performance of the Director's duties.
    ``(b) Access to Information.--The Director shall have access to the 
following:
            ``(1) Name of a victim receiving services, treatment, or 
        other programs under the jurisdiction of the military 
        departments and the location of the victim, if in custody.
            ``(2) Written reports of sexual assault, sexual misconduct, 
        domestic violence, family violence, or stalking prepared by the 
        military departments.
            ``(3) Records required to maintain the responsibilities 
        assigned to the Office.
            ``(4) Records of law enforcement, criminal investigative 
        organizations, health care providers, and command and Family 
        Advocacy Programs as may be necessary to carry out the 
        responsibilities of the Office.
    ``(c) Confidentiality.--To the extent that any information 
referenced in this section provides the name and address of an 
individual who is the subject of any confidential proceeding, that name 
and address or related information that has the effect of identifying 
such individual shall not be released to the public without the consent 
of such individual.
``Sec. 1815. Office of the Victims' Advocate: authorities and powers
    ``(a) In General.--The Office of the Victims' Advocate shall have 
the following authorities and powers:
            ``(1) To communicate privately by mail or orally with any 
        victim, survivor, or family in treatment or under protective 
        services of a military department.
            ``(2) To have access to records held by the clerk of 
        courts, law enforcement, agencies, and institutions, public or 
        private, and other agencies or persons with whom a particular 
        case has been examined, including the right to inspect, copy, 
        and subpoena such records.
            ``(3) To take whatever steps are appropriate to see that 
        persons are made aware of the services of the Office, the 
        purpose of the Office, and how the Office may be contacted.
            ``(4) To establish policies, procedures, and practices in 
        order to protect the privacy and confidentiality of 
        communications for persons seeking information and services 
        with victim advocates and victim witness liaisons contracted by 
        and assigned to the Office.
    ``(b) Confidentiality.--(1) Except as provided in paragraph (2), in 
order to ensure the safety of victims of domestic violence, family 
violence, sexual assault, sexual misconduct, or stalking and their 
families, the Office shall protect the confidentiality and privacy of 
persons receiving services. The Office may not disclose any personally 
identifying information or individual information collected in 
connection with services requested, used, or denied through its 
programs. The Office may not reveal individual victim information 
without the informed, written, reasonably time-limited consent of the 
person (or in the case of unemancipated minor, the minor and the parent 
or guardian) about whom information is sought, whether for the Office 
or for any other military, Tribal, Federal, State, or Territorial 
program.
    ``(2) If release of information referred to in paragraph (1) is 
compelled by statutory or court mandate, the Office shall make 
reasonable attempts to provide notice to victims affected by the 
disclosure of the information. If such personally identifying 
information is or will be revealed, the Office shall take steps 
necessary to protect the privacy and safety of the persons affected by 
the release of the information.
    ``(3) The Office may share nonpersonally identifying data in the 
aggregate regarding services to the Office's clients and nonpersonally 
identifying demographic information in order to comply with armed 
forces, Tribal, Federal, State or Territorial reporting, evaluation, or 
data collection requirements.
    ``(4) The Office may share court-generated information contained in 
secure, governmental registries for purposes of enforcement of 
protection orders.
    ``(c) Personally Identifying Information.--In this section, the 
term `personally identifying information' means individually 
identifying information from or about an individual, including the 
following:
            ``(1) A first and last name.
            ``(2) A home or other physical address, including street 
        name and name of city or town.
            ``(3) If a member or former member of the armed forces--
                    ``(A) active duty, reservist, guard, or veteran 
                status;
                    ``(B) assigned rate or rank;
                    ``(C) duty station or deployment status; and
                    ``(D) squad, unit, platoon, ship, fleet, wing, 
                squadron, company or battalion of the Army, Navy, 
                Marine Corps, or Air Force.
            ``(4) An email address or other online contact information, 
        such as an instant messaging user identifier or a screen name 
        that reveals an individual's email address.
            ``(5) A telephone number.
            ``(6) A Social Security Number.
            ``(7) An Internet Protocol (IP) address or host name that 
        identifies an individual.
            ``(8) A persistent identifier, such as a customer number 
        held in a cookie or processor serial number, that is combined 
        with other available data that identifies an individual.
            ``(9) Any information, including grade point average, date 
        of birth, academic or occupational assignments or interests, 
        athletic or extracurricular interests, racial or ethnic 
        background, or religious affiliation, that, in combination with 
        information specified in any of paragraphs (1) through (8), 
        would serve to identify an individual.
    ``(d) Standards.--The Office shall abide by statutory, regulatory, 
professional, and ethical standards established within the professions 
relative to confidentiality of communications, including the Health 
Insurance Portability and Accountability Act, the National Association 
of Social Workers and American Psychological Association.
``Sec. 1816. Office of the Victims' Advocate: victim protection actions
    ``(a) Orders of Protection.--The Office of the Victims' Advocate 
shall obtain for any victim of sexual misconduct, sexual assault, 
family violence, domestic violence, or stalking, from any military 
command a no contact order or from a court of appropriate jurisdiction 
an order of protection, respectively, to safeguard the victim from 
additional physical or emotional harm.
    ``(b) Removal of an Alleged Offender.--The Office of the Victims' 
Advocate shall request from any commanding officer an order for the 
relocation or reassignment of an alleged offender during an 
investigation, disciplinary action, or court-martial in order to ensure 
the safety of a victim.
``Sec. 1817. Office of the Victims' Advocate: victims advocates 
              whistleblower protections
    ``(a) Whistleblower Protections.--(1) No person may restrict a 
victim advocate within the Department of Defense in communicating with 
a victim or survivor of domestic violence, sexual assault, family 
violence, or stalking.
    ``(2) Paragraph (1) does not apply to a communication that is 
unlawful.
    ``(b) Prohibition of Retaliatory Personnel Actions.--No person may 
take or threaten to take an unfavorable personnel action, or withhold 
or threaten to withhold a favorable personnel action, against a victim 
advocate as a reprisal for--
            ``(1) providing services to victims and survivors of 
        domestic violence, sexual assault, family violence, intimate 
        partner violence or stalking;
            ``(2) a communication to a Member of Congress or an 
        Inspector General;
            ``(3) a communication with military law enforcement, 
        military criminal investigators, judge advocates or command;
            ``(4) a communication with civilian law enforcement, 
        county, state or United States attorneys, court officials, 
        probation officers or victim service providers; or
            ``(5) any other person or organization, including any 
        person or organization in the chain of command, in the course 
        of providing services to a victim or survivor.
    ``(c) Prohibited Personnel Actions.--Any action prohibited by 
subsection (b), including the threat to take any action and the 
withholding or threat to withhold any favorable action, shall be 
considered for the purposes of this section to be a personnel action 
prohibited by this section.
    ``(d) Investigation of Allegations of Prohibited Personnel 
Actions.--(1) If a victim advocate submits to an Inspector General an 
allegation that a personnel action prohibited by subsection (b) has 
been taken or threatened against the victim advocate with respect to a 
communication described in paragraph (2), the Inspector General shall 
take the action required in this section.
    ``(2) A communication described in this paragraph is a 
communication in which the victim advocate reasonably believes 
constitutes evidence of any of the following:
            ``(A) A violation of law or regulation, including a law or 
        regulation prohibiting domestic violence, sexual assault, 
        family violence, or stalking.
            ``(B) Gross mismanagement, an abuse of authority, or a 
        substantial danger to community safety or public health.
    ``(3)(A) If the Inspector General receiving such an allegation is 
an Inspector General within a military department, that Inspector 
General shall promptly notify the Inspector General of the Department 
of Defense of the allegation. Such notification shall be made in 
accordance with regulations prescribed under subsection (e).
    ``(B) An Inspector General of the Department of Defense receiving 
an allegation as described in this section shall expeditiously 
determine, in accordance with regulations prescribed under subsection 
(e), whether there is sufficient evidence to warrant an investigation 
of the allegation.
    ``(C) Upon determining that an investigation of an allegation under 
this section is warranted, the Inspector General making the 
determination shall expeditiously investigate the allegation.
    ``(4) The Inspector General of the Department of Defense shall 
ensure that the Inspector General conducting the investigation of an 
allegation under this subsection is outside the immediate chain of 
command of both the victim advocate submitting the allegation and the 
individual or individuals alleged to have taken the retaliatory action.
    ``(5) Upon receiving an allegation under this subsection, the 
Inspector General shall conduct a separate investigation of the 
information that the victim advocate making the allegation believes 
constitutes evidence of wrongdoing as described in subparagraph (A) or 
(B) of paragraph (2) if there previously has not been such an 
investigation or if the Inspector General determines that the original 
investigation was biased or otherwise inadequate.
    ``(6)(A) After completion of an investigation under paragraphs (3), 
(4), or (5), the Inspector General conducting the investigation shall 
submit a report on the results of the investigation to the Secretary of 
Defense and the Director of the Office of the Victims' Advocate and 
shall transmit a copy of the report on the results of the investigation 
to the victim advocate who made the allegation investigated. The report 
shall be transmitted to the Secretary of Defense, Director of the 
Office of the Victims' Advocate, and the copy of the report shall be 
transmitted to the victim advocate, not later than 30 days after the 
completion of the investigation.
    ``(B) In the copy of the report transmitted to the victim advocate, 
the Inspector General shall ensure that the maximum disclosure of 
information possible, with the exception of information that is not 
required to be disclosed under section 552 of title 5. However, the 
copy need not include summaries of interviews conducted, nor any 
document acquired, during the course of the investigation. Such items 
shall be transmitted to the victim advocate, if the victim advocate 
requests the items, with the copy of the report or after the 
transmittal to the victim advocate of the copy of the report, 
regardless of whether the request for those items is made before or 
after the copy of the report is transmitted to the victim advocate.
    ``(C) If, in the course of an investigation of an allegation under 
this section, the Inspector General determines that it is not possible 
to submit the report required by subparagraph (A) within 180 days after 
the date of receipt of the allegation being investigated, the Inspector 
General shall provide to the Secretary of Defense and to the victim 
advocate making the allegation a notice--
            ``(i) of that determination including the reasons why the 
        report may not be submitted within that time; and
            ``(ii) of the time when the report will be submitted.
    ``(D) The report on the results of the investigation shall contain 
a thorough review of the facts and circumstances relevant to the 
allegation and the complaint or disclosure and shall include documents 
acquired during the course of the investigation, including summaries of 
interviews conducted. The report may include a recommendation as to the 
disposition of the complaint.
    ``(e) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section not later than 120 days after the 
date of enactment of this section. In prescribing regulations under 
this section, the Secretary of Defense shall provide for appropriate 
procedural protections for the subject of any investigation carried out 
under the provisions of that section including a process of appeal and 
review of investigative findings.
    ``(2) The Secretary shall provide in the regulations that a 
violation of the prohibition by a person subject to chapter 47 of this 
title is punishable as a violation of section 892 of this title 
(article 92 of the Uniform Code of Military Justice).
``Sec. 1818. Office of the Victims' Advocate: annual assessment
    ``(a) Data Compliance and Reporting.--The Office of the Victims' 
Advocate shall compile an annual report consisting of data collected by 
the military departments, including Defense Incident Based Reporting 
System (DIBRS), Case Information System, database on domestic violence 
as defined by section 1562 of this title, central registry of the 
Family Advocacy Program, military justice, criminal investigators, law 
enforcement, security forces and victim advocates. The data shall be 
collected pursuant to policies set forth by the Director of the Office.
    ``(b) Assessment of Policies and Procedures.--Not later than 
January 15 each year, the Director shall conduct an assessment of the 
implementation during the preceding fiscal year of the policies and 
procedures of the military departments on the prevention and 
intervention for domestic violence, family violence, sexual assault and 
stalking involving members of the armed forces in order to determine 
the effectiveness of such policies and procedures during such fiscal 
year in providing an appropriate response to domestic violence, family 
violence, sexual assault and stalking.
    ``(c) Personnel Analysis.--The annual assessment shall include a 
review of personnel, including staffing levels, assignments, 
accessibility, availability, training, and duties of victim advocates, 
victim witness liaisons, sexual assault nurse examiners, and others 
considered appropriate by the Director assigned to assist victims of 
domestic violence, sexual assault, family violence, or stalking. The 
assessment shall include a review of personnel assigned to deployed 
units, along with recommendations to enhance availability, 
accessibility, and training for personnel.
    ``(d) Assessment of Statutes and Directives.--The annual assessment 
shall include a review of--
            ``(1) the Uniform Code of Military Justice, the Victims' 
        Rights and Restitution Act, the Violence Against Women Act, and 
        other Federal statutes;
            ``(2) directives of the military departments; and
            ``(3) regulations of the military departments considered 
        appropriate by the Director in order to enhance the foundation 
        of law and policy within the military departments in response 
        to domestic violence, family violence, sexual assault, and 
        stalking.
``Sec. 1819. Office of the Victims' Advocate: annual reports
    ``(a) Annual Reports.--(1) Not later than April 1, 2005, and 
January 15 of each year thereafter, the Director shall submit to the 
Secretary of Defense a report on the domestic violence, family 
violence, sexual assault, and stalking involving members of the armed 
forces during the preceding year.
    ``(2) Each report under paragraph (1) shall include the following:
            ``(A) The number of incidents of domestic violence, family 
        violence, sexual assault, and stalking committed by or upon 
        members of the armed forces, that were reported to military 
        officials during the year covered by such report and the number 
        of the cases so reported that were substantiated.
            ``(B) A synopsis of, and the disciplinary action taken in, 
        each case.
            ``(C) The policies, procedures, and processes implemented 
        by the military departments during the year covered by such 
        report in response to incidents of domestic violence, family 
        violence, sexual assault, and stalking involving members of the 
        armed forces.
            ``(D) A plan for the actions that are to be taken in the 
        year following the year covered by such report on the 
        prevention of and response to domestic violence, family 
        violence, sexual assault and stalking involving members of the 
        armed forces.
    ``(3) Each report under paragraph (1) in 2006, 2007 and 2008 shall 
also include the assessment conducted by the Director under section 
1818(b) of this title.
    ``(b) Report to Congress.--The Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives each report submitted to the Secretary under this 
section, together with the comments of the Secretary on such report. 
The Secretary shall transmit the report for 2004 not later than May 1, 
2005, and shall transmit the report for any subsequent year not later 
than March 15 of the following year.
``Sec. 1820. Office of the Victims' Advocate: policy implementation
    ``(a) Responsibility.--The Secretary of Defense, acting through the 
Office of the Victims' Advocate, shall implement the comprehensive 
policy developed pursuant to section 1812(c) of this title.
    ``(b) Application of Comprehensive Policy to Military 
Departments.--The Secretary shall ensure that, to the maximum extent 
practicable, the policy developed under subsection (c) is implemented 
uniformly by the military departments.
    ``(c) Policies and Procedures of the Military Departments.--
            ``(1) Not later than March 1, 2005, the Secretary of 
        Defense and Secretaries of the military departments, in 
        consultation with the Office of the Victims' Advocate, shall 
        prescribe regulations, or modify current regulations, on the 
        policies and procedures of the military departments on the 
        prevention of and response to domestic violence, family 
        violence, sexual assault, or stalking involving members of the 
        armed forces in order--
                    ``(A) to conform such policies and procedures to 
                the policy developed under subsection (b); and
                    ``(B) to ensure that such policies and procedures 
                include the elements specified in paragraph (2).
            ``(2) The elements specified in this paragraph are as 
        follows:
                    ``(A) A program to promote awareness of the 
                incidence of domestic violence, family violence, sexual 
                assault, and stalking involving members of the armed 
                forces.
                    ``(B) A program to provide victim advocacy and 
                intervention for members of the armed forces with 
                victims of domestic violence, family violence, sexual 
                assault, and stalking, which program shall make 
                available, at home stations and in deployed locations, 
                trained advocates who are readily available to 
                intervene on behalf of such victims.
                    ``(C) Procedures for members of the armed forces to 
                follow in the case of an incident of domestic violence, 
                family violence, sexual assault, or stalking involving 
                a member of the armed forces, including--
                            ``(i) procedures for confidential reporting 
                        and for seeking services with victim advocates;
                            ``(ii) specification of the person or 
                        persons to whom the alleged offense should be 
                        reported;
                            ``(iii) specification of any other person 
                        whom the victim should contact; and
                            ``(iv) procedures for the preservation of 
                        evidence.
                    ``(D) Procedures for disciplinary action in cases 
                of domestic violence, family violence, sexual assault, 
                and stalking by members of the armed forces.
                    ``(E) Other sanctions authorized to be imposed in 
                cases of sexual assault by members of the armed forces.
                    ``(F) Training for all members of the armed forces, 
                including specific training for members of the armed 
                forces who process allegations of domestic violence, 
                family violence, sexual assault, and stalking committed 
                by or upon members of the armed forces.
                    ``(G) Any other matters that the Secretary of 
                Defense, in consultation with the Director of the 
                Office of the Victims' Advocate, considers appropriate.
    ``(d) Report on Improvement of Capability to Intervene in Domestic 
Violence, Family Violence, Sexual Assault and Stalking.--Not later than 
March 1, 2005, the Secretary of Defense, following consultation with 
the Director of the Office of the Victims' Advocate, shall submit to 
Congress a proposal for such legislation as the Secretary considers 
necessary to enhance the capability of the Department of Defense to 
address matters relating to domestic violence, family violence, sexual 
assault, and stalking involving members of the armed forces.
``Sec. 1821. Authorization of appropriations
    ``(a) There is authorized to be appropriated for each of fiscal 
years 2005 through 2009 for Operation and Maintenance, Defense-Wide, 
the amount of $10,000,000 to carry out the functions of the Office of 
the Victims' Advocate in the Department of Defense. Funds available 
under this section shall remain available until expended.
    ``(b) Of the amounts appropriated to carry out this section for any 
fiscal year, the Secretary--
            ``(1) may not use more than 3 percent for evaluation, 
        monitoring, site visits, conferences and other administrative 
        costs associated with conducting activities under this section;
            ``(2) shall use not less than 20 percent for programs 
        addressing domestic violence, family violence, sexual assault, 
        and stalking that are operated by, or in partnership with, 
        civilian victim services; and
            ``(3) shall use not less than 5 percent for technical 
        assistance and training to be provided by organizations having 
        demonstrated expertise in developing collaborative community 
        and system responses to domestic violence, family violence, 
        sexual assault and stalking.
Technical assistance and training under paragraph (3) may be offered to 
the elements of the armed forces, installations, or commands in the 
process of developing community responses, whether they are receiving 
funds under this section or not.''.

SEC. 102. VICTIMS ADVOCATES.

    (a) Program Changes.--Section 534 of National Defense Authorization 
Act for Fiscal Year 1995 (10 U.S.C. 113 note), is amended as follows:
            (1) Subsection (a)(1) is amended by striking ``Under 
        Secretary of Defense for Personnel and Readiness'' and 
        inserting ``Director of the Office of the Victims' Advocate''.
            (2) Subsection (b) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``dependents'' and inserting ``family members 
                and partners''; and
                    (B) in paragraph (2), by striking ``Intrafamilial 
                sexual'' and inserting ``Sexual''.
            (3) Paragraph (1) of subsection (d) is amended by striking 
        ``provide'' and all that follows and inserting ``provide the 
        following:''
                    ``(A) Crisis intervention.
                    ``(B) Screening and evaluation of the needs of 
                victims of domestic violence, family violence, sexual 
                assault, and stalking.
                    ``(C) Information on safe and confidential ways to 
                seek assistance to address domestic violence, family 
                violence, sexual assault, and stalking.
                    ``(D) Information on available services within the 
                military departments and civilian communities.
                    ``(E) Assistance in obtaining those services, 
                including medical treatment for injuries.
                    ``(F) Appropriate referrals to military and 
                civilian community-based domestic violence programs and 
                sexual assault victim service providers with the 
                capacity to support servicemembers, family members, or 
                partners.
                    ``(G) Information on legal rights and resources for 
                personnel, family members, or partners in both the 
                military and civilian programs.
                    ``(H) Development and coordination of a safety plan 
                with appropriate assistance and intervention components 
                including, law enforcement, command, and Family 
                Advocacy Program.
                    ``(I) Advocacy for victims outlined in subsection 
                (b), including assistance in obtaining and entering no 
                contact orders from military commands or orders of 
                protection from a court of appropriate jurisdiction, 
                respectively.
                    ``(J) Information on benefits, including Department 
                of Defense transitional compensation, victims of crime 
                compensation, and veterans' benefits.
                    ``(K) Coordination among services, including 
                medical, legal, and psychological counseling.
                    ``(L) Education.
                    ``(M) Transportation.
                    ``(N) Pre-trial, trial, and post-trial support.
                    ``(O) Voting member of the Case Review Committee.
                    ``(P) Serve as the liaison with civilian community-
                based service providers.
                    ``(Q) Confidential handling of all documents or 
                conversations relative to victim care, services, 
                benefits, and treatment.
                    ``(R) Advocacy for the expressed interest and 
                safety of a victim during testimony in a court-martial 
                or civilian judicial system.
                    ``(S) Follow-up to all identified victims 
                (including those who have declined services) three 
                months following initial contact to ascertain whether 
                further intervention is, or is not, warranted.
                    ``(T) Other appropriate assistance.''.
            (4) Paragraph (2) of subsection (d) is amended by striking 
        ``through the family advocacy programs of the military 
        departments'' and inserting ``through the Office of the 
        Victims' Advocate in the Office of the Secretary of Defense''.
            (5) Such section is further amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (B) by striking subsection (e) and inserting the 
                following new subsections:
    ``(e) Education and Training.--The Secretary of Defense, acting 
through the Director of the Office of the Victims' Advocate, shall do 
the following:
            ``(1) Develop curricula for mandatory training of 
        personnel, including, first responders, security forces, law 
        enforcement, medical personnel, command staff, military justice 
        personnel, and military criminal investigators in consultation 
        with the Office of the Victims' Advocate.
            ``(2) Conduct mandatory annual training of first 
        responders, medical personnel, command staff, military justice, 
        and military criminal investigators.
            ``(3) Conduct and support train the trainer sessions as 
        specified in subsection (d) of section 1812 of title 10, United 
        States Code.
            ``(4) Educate the community of criminal investigators, 
        security forces, law enforcement, organizations, schools, and 
        health care providers, to responsibly respond to victims and 
        perpetrators of domestic violence, family violence, sexual 
        assault, or stalking associated with the Armed Forces and to 
        understand--
                    ``(A) domestic violence, family violence, sexual 
                assault, and stalking and their effects on members of 
                the Armed Forces and their family members and partners;
                    ``(B) relevant laws, court procedures, and policies 
                that affect members of the Armed Forces and their 
                family members and partners who are victims or 
                perpetrators of domestic violence, sexual assault, 
                family violence, or stalking;
                    ``(C) educate the community to identify, assess, 
                and respond appropriately to domestic violence, sexual 
                assault, family violence, and stalking and meet the 
                needs of members of the Armed Forces and their family 
                members and partners; and
                    ``(D) provide appropriate resources in response to 
                domestic violence, family violence, sexual assault, and 
                stalking and assure that necessary services dealing 
                with physical and mental health of victims are 
                available.
    ``(f) Staffing.--The Secretary of Defense, acting through the 
Director of the Office of the Victims' Advocate, shall provide for the 
assignment of civilian personnel on a full-time basis to victims' 
advocates programs established under subsection (a). The Secretary, 
acting through the Director, shall ensure that sufficient numbers of 
such full-time personnel are assigned to those programs to enable the 
programs to be carried out effectively, including the assignment of 
victim advocates to deployed units.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the functions of victims' advocates in the 
Department of Defense $5,000,000 in each fiscal years 2005 through 
2009.
    (c) Availability.--Funds appropriated under subsection (b) shall 
remain available until expended. Of the amounts appropriated to carry 
out this section for any fiscal year, the Secretary--
            (1) may not use more than 3 percent for evaluation, 
        monitoring, site visits, conferences, and other administrative 
        costs associated with conducting activities under this section;
            (2) shall use not less than 10 percent for programs 
        addressing domestic violence and sexual assault that are 
        operated by, or in partnership with, civilian victim services; 
        and
            (3) shall use not less than 5 percent for technical 
        assistance and training to be provided by organizations having 
        demonstrated expertise in developing collaborative community 
        and system responses to domestic violence, family violence, 
        sexual assault, and stalking.
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.

 TITLE II--INTERDISCIPLINARY COUNCILS WITHIN THE DEPARTMENT OF DEFENSE

SEC. 201. DEPARTMENT OF DEFENSE INTERDISCIPLINARY COUNCIL.

    (a) Department of Defense Council.--The Secretary of Defense, in 
consultation with the Director of the Office of the Victims' Advocate 
of the Department of Defense, shall establish a Department of Defense 
interdisciplinary council to coordinate and oversee victims' advocates 
programs of the Department of Defense.
    (b) Composition.--(1) The Council shall consist of 12 members to be 
appointed by the Secretary of Defense. The Council shall include 
members appointed from each of the Army, Navy, Air Force, and Marine 
Corps and shall include an equal number of personnel of the Department 
of Defense (military and civilian) and persons from outside the 
Department of Defense.
    (2) Members appointed from outside the Department of Defense may be 
appointed from other Federal departments and agencies, from State and 
local agencies, and from the private sector.
    (3) The Secretary shall ensure that membership includes at least 
one judge advocate.
    (4) In appointing members to the Interdisciplinary Council, the 
Secretary may consult with--
            (A) the Attorney General regarding representation from the 
        Office of Violence Against Women of the Department of Justice; 
        and
            (B) the Secretary of Health and Human Services regarding 
        representation from the Women's Health Office and the 
        Administration for Children and Families of the Department of 
        Health and Human Services.
    (5) Each member of the Interdisciplinary Council appointed from 
outside the Department of Defense shall be an individual who has 
demonstrated expertise and experience in the fields of sexual assault, 
domestic violence, family violence, or stalking or shall be appointed 
from one of the following:
            (A) The Centers for Disease Control and Prevention of the 
        Department of Health and Human Services.
            (B) Civilian law enforcement.
            (C) A judicial policy organization.
            (D) A national crime victim organization.
            (E) A victim service organization.
            (F) A survivor of domestic violence, sexual assault, family 
        violence, or stalking in which the perpetrator was a 
        servicemember.
    (6) Members of the Interdisciplinary Council shall be appointed not 
later than 90 days after the date of the enactment of this Act.
    (7) Members of the Interdisciplinary Council shall serve for a 
period of two years. The membership of the Interdisciplinary Council 
shall be rotated by composition and appointments as defined in 
paragraphs (1), (2), and (5) every two years.
    (c) Co-Chairs.--There shall be two co-chairs of the 
Interdisciplinary Council. One of the co-chairs shall be designated by 
the Secretary of Defense at the time of appointment from among the 
Department of Defense personnel on the Interdisciplinary Council. The 
other co-chair shall be selected among the members appointed from 
outside the Department of Defense by those members.
    (d) Administrative Support.--(1) Each member of the 
Interdisciplinary Council who is a member of the Armed Forces or a 
civilian officer or employee of the United States shall serve without 
compensation (other than compensation to which entitled as a member of 
the Armed Forces or an officer or an employee of the United States, as 
the case may be). Other members of the Interdisciplinary Council shall 
be appointed in accordance with, and subject to, section 3161 of title 
5, United States Code.
    (2) The Director of the Office of the Victims' Advocate, under the 
direction of the Secretary of Defense, shall provide oversight of the 
Interdisciplinary Council. The Office of the Victims' Advocate shall 
provide the Interdisciplinary Council with personnel facilities and 
other administrative support as necessary for the performance of the 
Interdisciplinary Council's duties.
    (e) Installation Visits.--The Director of the Office of the 
Victims' Advocate shall coordinate with the Secretaries of the military 
departments to provide for visits to the installations.
    (f) Report.--Not later than 18 months after the date on which all 
members of the Interdisciplinary Council have been appointed, the 
Interdisciplinary Council shall submit to the Secretary a report 
recommending specific ways in which the Office of the Victims' Advocate 
and victim advocates may more effectively address matters relative to 
sexual assault, domestic violence, family violence, and stalking 
committed by or upon servicemembers. The report shall include an 
assessment of, and recommendations concerning the following:
            (1) Victim safety programs.
            (2) Confidentiality of communications for victims.
            (3) Offender accountability.
            (4) Prevention of sexual assault, domestic violence, family 
        violence, and stalking.
            (5) Collaboration among military organizations with 
        responsibility or jurisdiction with respect to sexual assault, 
        domestic violence, family violence, and stalking.
            (6) Coordination between military and civilian communities 
        including service organizations and law enforcement with 
        respect to sexual assault, domestic violence, family violence 
        and stalking.
            (7) Adaptation of best professional practices within the 
        civilian communities with respect to sexual assault, domestic 
        violence, family violence and stalking.
            (8) Data collection, case management, and tracking.
            (9) Curricula and training including standardized training 
        for Armed Forces personnel and community-based advocates, 
        organizations, and service providers.
            (10) Standardization of guidelines, directives, and 
        statutes.
            (11) Other issues identified by the Interdisciplinary 
        Council.
    (g) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out the functions of the Interdisciplinary 
Council in the Department of Defense $2,000,000 for each of fiscal 
years 2005 through 2009.

SEC. 202. MILITARY DEPARTMENT COUNCILS.

    (a) Establishment.--The Secretary of each military department, in 
consultation with the Director of the Office of the Victims' Advocate, 
shall establish interdisciplinary councils within that military 
department as appropriate to ensure the fullest coordination and 
effectiveness of the victims' advocates program of the military 
department.
    (b) Composition, Etc.--The composition, administrative support, 
organization, coordination, and oversight within the interdisciplinary 
councils appointed by the Secretaries of the military departments shall 
be similar to the Interdisciplinary Council established within the 
Department of Defense pursuant to section 201.
    (c) Interdisciplinary Councils at Installations.--The victim 
advocate, in consultation with the command at each military 
installation, shall establish a council. The composition, 
administrative support, coordination and oversight within the 
interdisciplinary councils at installations shall be similar to the 
Interdisciplinary Council established within the Department of Defense.

SEC. 203. CONFORMING REPEAL.

    Section 534 of the National Defense Authorization Act for Fiscal 
Year 1995 (10 U.S.C. 113 note) is amended by striking subsection (c).

TITLE III--REPORTING OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND STALKING 
                    WITHIN THE DEPARTMENT OF DEFENSE

SEC. 301. COMPLAINTS OF SEXUAL ASSAULT AND DOMESTIC VIOLENCE.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1566. Complaints of sexual assault, domestic violence, family 
              violence, or stalking: investigation by commanding 
              officers
    ``(a) Action on Complaints Alleging Sexual Assault, Domestic 
Violence, Family Violence or Stalking.--A commanding officer or officer 
in charge of a unit, vessel, facility, or area of the Army, Navy, Air 
Force, or Marine Corps who receives from a victim, or from a member of 
the command, or a civilian employee under the supervision of the 
officer or a victim advocate of the Department of Defense a complaint 
alleging sexual assault, domestic violence, family violence, or 
stalking by a member of the armed forces or a civilian employee of the 
Department of Defense shall carry out an investigation of the matter in 
accordance with this section.
    ``(b) Commencement of Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall, within 72 hours after receipt of the complaint--
            ``(1) forward the complaint or a detailed description of 
        the allegation to the next superior officer in the chain of 
        command who is authorized to convene a general court-martial;
            ``(2) commence, or cause the commencement of, an 
        investigation of the complaint, including engaging law 
        enforcement, criminal investigators, judge advocates, victim 
        advocates, and victim witness liaisons; and
            ``(3) advise the complaint of the commencement of the 
        investigation.
    ``(c) Duration of Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall ensure that the investigation of the complaint is completed not 
later than 14 days after the date on which the investigation is 
commenced.
    ``(d) Judge Advocate Report.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall require a report of the judge advocate, including the results of 
the investigation, application of the disciplinary or punitive articles 
under the Uniform Code of Military Justice, and any recommendations for 
actions to be taken as a result of the investigation, within 20 days 
after the date on which the investigation is commenced.
    ``(e) Report on Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving such a complaint 
shall--
            ``(1) submit a final report on the results of the 
        investigation, including any action taken as a result of the 
        investigation, to the next superior officer referred to in 
        subsection (b)(1) within 30 days after the date on which the 
        investigation is commenced; or
            ``(2) submit a report on the progress made in completing 
        the investigation to the next superior officer referred to in 
        subsection (b)(1) within 30 days after the date on which the 
        investigation is commenced and every 14 days thereafter until 
        the investigation is completed and, upon completion of the 
        investigation, then submit a final report on the results of the 
        investigation, including any action taken as a result of the 
        investigation, to that next superior officer.
    ``(f) Definitions.--In this section:
            ``(1) Domestic violence.--The term `domestic violence' has 
        the meaning given that term in section 2003 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2).
            ``(2) Family violence.--The term `family violence' has the 
        meaning given that term in section 308 of the Family Violence 
        Prevention and Services Act (42 U.S.C. 10408).
            ``(3) Sexual assault.--The term `sexual assault' has the 
        meaning given that term in section 2003(6) of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2(6)).
            ``(4) Sexual misconduct.--The term `sexual misconduct' 
        includes the following:
                    ``(A) Sexual harassment, entailing any conduct 
                involving sexual harassment that--
                            ``(i) in the case of conduct of a person 
                        who is subject to the provisions of chapter 47 
                        of this (the Uniform Code of Military Justice), 
                        comprises a violation of a provision of 
                        subchapter X of such chapter (relating to 
                        punitive articles of such Code) or an 
                        applicable regulation, directive, or guideline 
                        regarding sexual harassment that is prescribed 
                        by the Secretary of Defense or the Secretary of 
                        a military department; and
                            ``(ii) in the case of an employee of the 
                        Department of Defense or a family member 
                        subject to the jurisdiction of the Secretary of 
                        Defense or of the Secretary of a military 
                        department, comprises a violation of a 
                        regulation, directive, or guideline that is 
                        applicable to such employee or family member.
                    ``(B) Sexual abuse.
                    ``(C) Sexual assault.
                    ``(D) Sexual battery.
                    ``(E) Rape.
            ``(5) Stalking.--The term `stalking' means engaging in a 
        course of conduct as proscribed in chapter 109A of title 18, as 
        directed at a specific person that would cause a reasonable 
        person to fear death, sexual assault, or bodily injury to 
        himself or herself or a member of his or her immediate family 
        when--
                    ``(A) the person engaging in such conduct has 
                knowledge or should have knowledge that the specific 
                person will be placed in reasonable fear of death, 
                sexual assault, or bodily injury to himself or herself 
                or a member of his or her immediate family; and
                    ``(B) the conduct induces fear in the specific 
                person of death, sexual assault, or bodily injury to 
                himself or herself or a member of his or her immediate 
                family.
            ``(6) Victim.--The term `victim' means a person who is a 
        victim of domestic violence, family violence, sexual assault, 
        stalking, or sexual misconduct committed--
                    ``(A) by or upon a member of the armed forces;
                    ``(B) by or upon a family member of a member of the 
                armed forces;
                    ``(C) by or upon a person who shares a child in 
                common with a member of the armed forces;
                    ``(D) by or upon a person who is cohabiting with or 
                has cohabited as a spouse with a member of the armed 
                forces;
                    ``(E) by or upon a person similarly situated to a 
                spouse of a member of the armed forces; or
                    ``(F) by or upon any other person who is protected 
                from the acts of a member of the armed forces or an 
                officer or employee of the Department of Defense in the 
                official capacity of that member, officer, or employee.
            ``(7) Complaint.--The term `complaint,' with respect to an 
        allegation of sexual misconduct, family violence, sexual 
        assault, stalking, or domestic violence, includes a report of 
        such allegation.
    ``(g) Annual Reports to Service Secretaries.--Not later than March 
15, 2005, and January 1 of each year thereafter each officer receiving 
a complaint forwarded in accordance with this section shall submit to 
the Secretary of the military department concerned a report on all such 
complaints and the investigations of such complaints (including the 
results of the investigations, in cases of investigations completed 
during the preceding year).
    ``(h) Annual Report to Secretary of Defense and Congress.--(1) Not 
later than April 1, 2005, and January 15 of each year thereafter, each 
Secretary of a military department receiving a report under subsection 
(f) shall submit to the Secretary of Defense a report on the complaints 
and investigations of sexual assault, domestic violence, family 
violence, and stalking.
    ``(2) The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives each report 
submitted to the Secretary under this paragraph (1), together with the 
comments of the Secretary on each such report. The Secretary shall 
transmit the report for 2004 not later than May 1, 2005, and shall 
transmit the report for any year thereafter not later than March 15 of 
the year following such year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1566. Complaints of sexual assault, domestic violence, family 
                            violence, or stalking: investigation by 
                            commanding officers.''.

SEC. 302. RESPONSE OF MILITARY LAW ENFORCEMENT OFFICIALS TO DOMESTIC 
              VIOLENCE INCIDENTS.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by adding after section 1566, as added by section 301, the 
following new sections:
``Sec. 1567. Domestic violence: responsibilities of military law 
              enforcement officials
    ``(a) Definitions.--In this section:
            ``(1) Military law enforcement official.--The term 
        `military law enforcement official' means a person authorized 
        under regulations governing the armed forces to apprehend 
        persons subject to the Uniform Code of Military Justice 
        (chapter 47 of this title) or to trial thereunder.
            ``(2) Domestic violence.--The term `domestic violence' 
        means any of the following engaged in by a person against the 
        person's spouse or former spouse or against a person with whom 
        the person resides or formerly resided or against an individual 
        with whom the person has a child in common:
                    ``(A) Infliction of physical pain, bodily injury, 
                or illness or damage to property.
                    ``(B) Intentional impairment of physical condition.
                    ``(C) A threat of conduct that would cause bodily 
                injury or damage to property.
    ``(b) Circumstances Requiring Arrest.--A military law enforcement 
officer shall arrest and take into custody a person if--
            ``(1) the officer has reasonable grounds to believe that 
        the person has committed domestic violence and that the 
        person's actions are the commission of a crime; and
            ``(2) any of the following circumstances is present:
                    ``(A) The officer has reasonable basis for 
                believing that continued domestic violence against the 
                alleged victim is likely.
                    ``(B) There is evidence of physical injury to the 
                alleged victim.
                    ``(C) The use of a deadly weapon or dangerous 
                instrument is evident.
    ``(c) Arresting Officer's Report.--An officer who makes an arrest 
under subsection (b) shall submit a full written report of the alleged 
domestic violence incident to the officer's supervisor and to the judge 
advocate within 10 days of the arrest. Such a report shall include--
            ``(1) a description of physical injuries observed, if any;
            ``(2) whenever possible, a statement from the victim and 
        witnesses concerning the alleged domestic violence; and
            ``(3) a statement that a copy of legal rights and notices 
        was given to the victim.
    ``(d) Law Enforcement Policies.--(1) The Secretary of Defense shall 
prescribe regulations to implement written policies regarding arrest 
procedures for domestic violence incidents. Those policies shall 
include the following:
            ``(A) In most circumstances, a military law enforcement 
        officer should arrest and take a person into custody if the 
        officer has reasonable grounds to believe that the person is 
        committing or has committed domestic violence and that the 
        actions constitute the commission of a crime.
            ``(B) When the officer has reasonable grounds to believe 
        that the spouses or former spouses or other persons who reside 
        together or resided together or share a child in common are 
        committing or have committed domestic violence against each 
        other, the officer does not have to arrest both parties but 
        should arrest the person whom the officer believes to be the 
        primary physical aggressor. In determining who is the primary 
        physical aggressor, an officer should consider the intent of 
        this section to protect victims of domestic violence, the 
        relative injury or fear inflicted on the persons involved, or 
        any history of domestic violence between these persons, if that 
        history can be ascertained by the officer, or response of a 
        person who acts in a reasonable manner to protect oneself or 
        another family or household member from domestic violence. No 
        victim shall be denied relief or arrested or charged for a 
        domestic violence offense because the victim used reasonable 
        force in self defense against domestic violence by an attacker.
            ``(C) A military law enforcement officer's decision as to 
        whether or not to arrest under this section may not be based on 
        the consent of the victim or any subsequent prosecution or on 
        the relationship or the rank of the persons involved in the 
        incident.
            ``(D) A military law enforcement officer's decision not to 
        arrest under this section may not be based solely upon the 
        absence of visible injury or impairment.
    ``(2) The policies under paragraph (1) shall include a procedure 
applicable to the report and referral required under subsection (c). 
Such procedures shall require that the military law enforcement agency 
shall, without charge, send a copy of the initial report and any 
subsequent, supplemental, or related report, which excludes the 
victim's statement or other materials that are part of an active 
criminal investigation and are exempt from disclosure, to the command 
and Family Advocacy Program exercising responsibility over the area in 
which the incident took place, to the victim advocate within the 
Department of Defense assigned to the installation and the nearest 
local domestic violence center within 24 hours of the agency's receipt 
of the report. The report furnished to the Family Advocacy Program, 
victim advocate, and local domestic violence center shall include a 
narrative description of the domestic violence incident.
    ``(3) The policies under paragraph (1) shall include a procedure 
for notifying the alleged victim of the incident of domestic violence 
services from which the victim may receive assistance. The military law 
enforcement officer shall provide the victim immediate notice of the 
legal rights and remedies available to the victim. Such notice shall be 
in a standard form developed and distributed by the Secretary of 
Defense. As necessary, the Secretary shall revise the victims rights 
brochure to include a summary of this section using simple English and 
shall distribute the notice as a model form to be used by all military 
law enforcement agencies. The notice shall include the following:
            ``(A) The resources available for the area in which 
        domestic violence services are sought, including military 
        resources (victim advocates, Family Advocacy Program, judge 
        advocates, medical personnel, and command) and civilian 
        agencies (shelter, victim advocates, counseling, county or 
        state attorney offices and centers).
            ``(B) A copy of the following statement: `If you are a 
        victim of domestic violence, you may ask the county or state 
        attorney or judge advocate or Director of Special 
        Investigations or command to file a complaint. You also have 
        the right to go to court and file a petition requesting a 
        protective order from domestic violence to include provisions 
        which restrain the alleged perpetrator from further acts of 
        abuse; direct the abuser to leave your house; prevent the 
        abuser from entering your residence, school, business or place 
        of employment; award you custody of your minor child or 
        children; and direct the abuser to pay support to you and the 
        minor children if he/she has a legal obligation to do so. You 
        also have the right to request a military no contact order 
        containing the above provisions.'.
    ``(4) The policies under paragraph (1) shall include a procedure 
for notifying the alleged victim of the incident, a description of the 
procedure for releasing the arrested person, and the likelihood and 
probable time of the arrested person's release.
    ``(5) In the development of policies under this subsection, the 
Secretary and military law enforcement shall consult with law 
enforcement agencies and organizations with expertise in the 
recognition of domestic violence incidents.
    ``(6) This section does not limit the authority of military law 
enforcement to establish policies that require arrests under 
circumstances other than those set forth in this section.
    ``(e) Report Requirements of Military Law Enforcement.--(1) A 
military law enforcement officer who responds to a domestic violence 
incident shall prepare a domestic violence incident report.
    ``(2) If a military law enforcement officer has reasonable grounds 
to arrest a person who is committing or has committed domestic violence 
and that person's actions constitute the commission of a crime, the 
officer shall prepare a written statement detailing why the person was 
not arrested. The report shall be sent to the judge advocate for the 
command of the suspect where the acts took place, immediately upon the 
completion of the investigation of the incident. The judge advocate 
shall review the report to determine whether the person involved in the 
incident should be charged with the commission of a crime.
    ``(3) All information contained in the domestic violence incident 
report shall be forwarded to the appropriate military criminal 
investigative unit, to the judge advocate with responsibility for the 
jurisdiction, and to the command of the suspect and installation.
    ``(4) The domestic violence incident report shall be on a form set 
forth in regulations prescribed by the Secretary of Defense in 
consultation with the Director of Special Investigations. The form 
shall include provisions for the following information:
            ``(A) The relationship of the parties.
            ``(B) The sex of the parties.
            ``(C) The time and date of the incident.
            ``(D) The number of domestic violence calls investigated.
            ``(E) Whether children were involved, or whether the 
        alleged act of domestic violence had been committed in the 
        presence of children.
            ``(F) The type and extent of the abuse.
            ``(G) The number and type of weapons involved.
            ``(H) The action taken by the law enforcement officer.
            ``(I) The existence of any prior court or military orders 
        issued to the parties.
            ``(J) The number of domestic violence calls alleging a 
        violation of a military no contact order or civilian protective 
        order.
            ``(K) The number of arrests for a violation of a civilian 
        protective order or details of disciplinary action taken for 
        the violation of a military no contact order.
            ``(L) Any other data that may be necessary for a complete 
        analysis of all circumstances leading to the alleged incident 
        of domestic violence.
    ``(f) Contact Prohibitions.--(1) Unless there is a waiver, during 
the 72 hours immediately following an arrest for a domestic violence 
incident, the person arrested--
            ``(A) shall avoid the residence of the alleged victim of 
        the domestic violence incident and, if applicable, any premises 
        temporarily occupied by the alleged victim; and
            ``(B) shall avoid contacting or causing any person, other 
        than law enforcement officers or military criminal 
        investigators, judge advocates, or command, to contact the 
        alleged victim.
    ``(2) Unless there is a waiver, a law enforcement officer who 
releases a person arrested for domestic violence from custody less than 
72 hours after the arrest shall inform the arrested person orally and 
in writing of the requirements of this section and the consequences of 
violating this section. The arrested person shall sign an 
acknowledgement on the written notice that the person has had notice 
of, and understands the requirements, the consequences and the 
provisions of this section. If the arrested person refuses to sign the 
notice, the person may not be released from custody.
    ``(3) If there is a waiver under paragraph (1) and the person is 
arrested under this section, the law enforcement officer who releases 
the arrested person shall inform the arrested person orally and in 
writing of the waiver.
    ``(4) Failure to comply with the notice requirement under paragraph 
(2) regarding a person who is lawfully released from custody does not 
affect the prosecution for a crime of domestic violence.
    ``(g) Conditional Release.--A person arrested and taken into 
custody for a domestic violence incident is eligible for conditional 
release. Unless there is a waiver under section (f), as part of the 
conditions of any such release that occurs within 72 hours immediately 
following such an arrest, the person shall be made to comply with the 
requirements under subsection (f)(1) and to sign the acknowledgement 
under subsection (f)(2).
``Sec. 1568. Domestic violence: prosecution policies
    ``The staff judge advocate within the Office of the Secretary of 
Defense shall develop and implement written policies encouraging the 
prosecution of domestic violence offenses. Those policies shall include 
the following:
            ``(1) A policy indicating that a judge advocate's 
        recommendation not to prosecute a domestic violence incident 
        should not be based--
                    ``(A) solely upon the absence of visible 
                indications of injury;
                    ``(B) consent of the victim;
                    ``(C) consideration of the relationship of the 
                parties; or
                    ``(D) the character, rank, rate, or quality of 
                service of members of the armed forces, officers or 
                employees.
            ``(2) A policy indicating that when a domestic violence 
        incident is not prosecuted by the judge advocates, including a 
        report made under this section, the decision by the judge 
        advocates should be made not later than 28 days after the date 
        on which the judge advocate general has received notice of the 
        incident.
            ``(3) Whether or not the command, in consultation with the 
        judge advocate, decides to prosecute the member of the armed 
        forces, officer, or employee, the judge advocates shall provide 
        a written report that is complete and clearly indicates the 
        reasons for any disciplinary action, punitive or 
        administrative, against a armed forces member of the armed 
        forces or officer or employee of the Department of Defense.
``Sec. 1569. Domestic violence: education and training
    ``Any education and training for military law enforcement, military 
criminal investigators, or judge advocates relating to the handling of 
domestic violence shall include enforcement of criminal laws in 
domestic violence incidents and protection of the alleged victim. Law 
enforcement agencies and organizations with expertise in the 
recognition and handling of domestic violence incidents shall conduct 
training on a competitive basis.
``Sec. 1570. Domestic violence: annual reports
    ``(a) Reports to Secretaries of the Military Departments.--Each 
judge advocate for a command who in the official capacity of that judge 
advocate receives an allegation of domestic violence shall submit to 
the Secretary of the military department concerned notification of that 
allegation, together with such information as the Secretary may 
require, including the following:
            ``(1) The number of arrests for domestic violence incidents 
        in that judge advocate's command, compiled and furnished by 
        military law enforcement and military criminal investigators.
            ``(2) The number of subsequent prosecutions and convictions 
        of those arrested for domestic violence incidents.
            ``(3) A listing of the number of arrests, prosecutions, and 
        convictions under paragraph (1) and (2) shall include 
        categories by statutory reference of offenses under the Uniform 
        Code of Military Justice (chapter 47 of this title) and include 
        totals for all categories.
    ``(b) Reports to the Secretary of Defense.--Not later than March 
15, 2005, and January 1 of each year thereafter, the Secretaries of the 
military departments shall submit to the Secretary of Defense an annual 
report on the number of arrests, disposition of cases, subsequent 
prosecutions or disciplinary actions, and convictions for domestic 
violence involving members of the armed forces and officers and 
employees of the Department of Defense under their jurisdiction during 
the preceding year.
    ``(c) Reports to Congress.--Not later than April 1, 2005, and 
January 15 of each year thereafter, the Secretary of Defense shall 
submit to Congress an annual report on the number of arrests, 
disposition of cases, subsequent prosecutions or disciplinary actions, 
and convictions for domestic violence involving members of the armed 
forces and officers and employees of the Department of Defense during 
the preceding year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
1566, as added by section 301, the following new items:

``1567. Domestic violence: responsibilities of military law enforcement 
                            officials.
``1568. Domestic violence: prosecution policies.
``1569. Domestic violence: education and training.
``1570. Domestic violence: annual reports.''.
    (c) Deadline.--The Secretary of Defense shall prescribe in 
regulations the procedures to carry out sections 1567 through 1570 of 
title 10, United States Code, as added by subsection (a) of this 
section, not later than 90 days after the date of the enactment of this 
Act.
    (d) Conforming Repeal.--(1) Section 1058 of title 10, United States 
Code, is repealed.
    (2) The table of sections at the beginning of chapter 53 is amended 
by striking the item relating to section 1058.

SEC. 303. INVESTIGATIONS OF SEXUAL AND DOMESTIC VIOLENCE CASES 
              INVOLVING DEPARTMENT OF DEFENSE PERSONNEL.

    (a) Establishment.--Chapter 4 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 144. Director of Special Investigations
    ``(a) Appointment.--There is a Director of Special Investigations 
in the Department of Defense. The Director is appointed by the 
Secretary of Defense from among civilians who have a significant level 
of experience in criminal investigations and possess a significant 
level of training and expertise in domestic violence, family violence, 
sexual assault, or stalking. The Director reports directly to the 
Secretary of Defense.
    ``(b) Senior Executive Service Position.--The position of Director 
of Special Investigations is a Senior Executive Service position. The 
Secretary shall designate the position as a career reserved position 
under section 3132(b) of title 5.
    ``(c) Duties.--Subject to the authority, direction, and control of 
the Secretary of Defense, the Director of Special Investigations shall 
perform the duties set forth in this section and such other related 
duties as the Secretary may prescribe.
    ``(d) Data Compliance and Reporting.--(1) The Director shall 
obtain, compile, store, monitor, and (in accordance with this section) 
report information on each allegation of domestic violence, family 
violence, sexual assault, sexual misconduct, or stalking of a member of 
the armed forces or of a family member of a member of the armed forces 
against a member of the armed forces, against a family member of a 
member of the armed forces, or against a civilian not a family member 
of a member of the armed forces that is received by a member of the 
armed forces or an officer or employee of the Department of Defense in 
the official capacity of that member, officer, or employee.
    ``(2) The information compiled pursuant to paragraph (1) shall 
include the following:
            ``(A) The number of complaints containing an allegation 
        referred to in paragraph (1) that are received as described in 
        that paragraph.
            ``(B) The number of such complaints that are investigated.
            ``(C) In the case of each complaint--
                    ``(i) the organization that investigated the 
                complaint (if investigated);
                    ``(ii) the disposition of the complaint upon 
                completion or other termination of the investigation; 
                and
                    ``(iii) the status of results of any judicial 
                action, nonjudicial disciplinary action, or other 
                action taken.
            ``(D) The number of complaints that were disposed of by 
        formal adjudication in a judicial proceeding, including--
                    ``(i) the number disposed of in a court-martial;
                    ``(ii) the number disposed of in a court of the 
                United States;
                    ``(iii) the number disposed of in a court of a 
                State or territory of the United States or in a court 
                of a political subdivision of a State or territory of 
                the United States;
                    ``(iv) the number disposed of by a plea of guilty;
                    ``(v) the number disposed of by a trial on a 
                contested basis; and
                    ``(vi) the number disposed of on any other basis.
            ``(E) The number of complaints that were disposed of by 
        formal adjudication in an administrative proceeding.
    ``(3) The Director shall make the information obtained and compiled 
under this subsection available to the Secretary of Defense, the 
Secretaries of the military departments, the Committees on Armed 
Services and the Committees on the Judiciary of the Senate and House of 
Representatives, any law enforcement agency concerned, and any court 
concerned. The information obtained, compiled, and transmitted to 
Congress shall be made available via an Internet website maintained by 
the Department of Defense.
    ``(e) Direct Investigations.--The Director shall investigate each 
allegation of sexual misconduct, sexual assault, family violence, 
stalking, or domestic violence referred to in subsection (d)(1)--
            ``(1) that is made directly to, or that is referred to, the 
        Director, including such an allegation that is made or referred 
        to the Director--
                    ``(A) by a victim of the alleged sexual misconduct, 
                domestic violence, family violence, sexual assault, or 
                stalking who is a member of the armed forces or a 
                family member of a member of the armed forces; or
                    ``(B) by an investigative organization of the 
                Department of Defense or one of the military 
                departments; or
                    ``(C) by a commander of a member of the armed 
                forces alleged to have engaged in sexual misconduct, 
                sexual assault, domestic violence, family violence, or 
                stalking or to have been the victim of sexual 
                misconduct, sexual assault, domestic violence, family 
                violence, or stalking; or
            ``(2) that the Secretary directs the Director to 
        investigate.
    ``(f) Oversight and Quality Control of Other Investigations.--(1) 
The Director shall monitor the conduct of investigations by units, 
offices, agencies, and other organizations within the Department of 
Defense regarding allegations of sexual misconduct, sexual assault, 
domestic violence, family violence and stalking.
    ``(2) In carrying out paragraph (1), the Director shall inspect any 
investigation conducted or being conducted by any other organization 
within the Department of Defense, review the records of an 
investigation, and observe the conduct of an ongoing investigation.
    ``(3) The Director shall report to the Secretary on any 
investigation monitored pursuant to paragraph (1). The report may 
include the status of the investigation, an evaluation of the conduct 
of the investigation, and an evaluation of each investigator and the 
investigative organization involved in the investigation.
    ``(4) The Director shall conduct training within units, offices, 
agencies, and other organizations within the Department of Defense. The 
training shall include the report entitled `Adapting Military Sex 
Crimes Investigations to Changing Times'. The training shall be 
conducted in collaboration with--
            ``(A) individuals or organizations with demonstrated 
        experience and expertise in the organization and management of 
        investigative agencies, including the Federal Law Enforcement 
        Training Center; and
            ``(B) individuals and organizations with demonstrated 
        experience and expertise in the dynamics of trauma for victims 
        of domestic violence, sexual assault, family violence, and 
        stalking, including the National Crime Victims Center, the 
        National Crime Victims Law Institute, the Sidran Foundation, 
        and the National Center on Post-Traumatic Stress Disorder.
    ``(g) Powers.--In the performance of the duties set forth or 
authorized in this section, the Director shall have the following 
powers:
            ``(1) To have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other material 
        available in the Department of Defense which relate to the 
        duties of the Director.
            ``(2) To request such information or assistance as may be 
        necessary for carrying out the Director's duties from any 
        Federal, State, or local governmental agency or unit thereof.
            ``(3) To require by subpoena the production of all 
        information, documents, reports, answers, records, accounts, 
        papers, and other data and documentary evidence necessary in 
        the performance of the Director's duties, which subpoena, in 
        the case of contumacy or refusal to obey, shall be enforceable 
        by order of any appropriate United States district court.
            ``(4) To serve subpoenas, summons, and any judicial process 
        related to the performance of any of the Director's duties.
            ``(5) To administer to or take from any person an oath, 
        affirmation, or affidavit whenever necessary in the performance 
        of the Director's duties, which oath, affirmation, or 
        affidavit, when administered or taken by or before an employee 
        designated by the Director, shall have the same force and 
        effect as if administered or taken by or before an officer 
        having a seal.
            ``(6) To have direct and prompt access to the Secretary of 
        Defense, the Secretary of a military department, and any 
        commander when necessary for any purpose pertaining to the 
        performance of the Director's duties.
            ``(7) To obtain for any victim of sexual misconduct, sexual 
        assault, family violence, domestic violence, or stalking from 
        any military command a no contact order or from a court of 
        appropriate jurisdiction an order of protection, respectively, 
        to safeguard the victim.
            ``(8) To obtain for any victim of sexual misconduct, sexual 
        assault, family violence, domestic violence or stalking from 
        any facility of the uniformed services or any other health care 
        facility of the Federal Government or, by contract, from any 
        other source, medical services and counseling and other mental 
        health services for treating or investigating including--
                    ``(A) injuries resulting from the sexual 
                misconduct, sexual assault, domestic violence, family 
                violence, or stalking;
                    ``(B) rape evidence kits;
                    ``(C) DNA collection and processing;
                    ``(D) photographs of injuries; and
                    ``(E) other mental and physiological results of the 
                sexual misconduct or domestic violence.
            ``(9) To relocate any alleged offender during an 
        investigation in order to ensure the safety of a victim.
    ``(h) Referrals for Prosecution.--(1) The Director may refer any 
case of sexual misconduct, domestic violence, family violence, sexual 
assault, or stalking described in subsection (d)(1) to--
            ``(A) a United States Attorney, or another appropriate 
        official in the Department of Justice, for prosecution; or
            ``(B) to an appropriate commander within the armed forces 
        for action under chapter 47 of this title (the Uniform Code of 
        Military Justice) or other appropriate action.
    ``(2) The Director shall report each such referral to the Secretary 
of Defense.
    ``(i) Staff.--(1) The Director shall have--
            ``(A) a staff of investigators who have extensive 
        experience in criminal investigations and demonstrated 
        expertise in domestic violence, family violence, sexual 
        assault, or stalking;
            ``(B) a staff of attorneys sufficient to provide the 
        Director, the criminal investigators, and the Director's other 
        staff personnel with legal counsel necessary for the 
        performance of the duties of the Director;
            ``(C) a staff of counseling referral specialists; and
            ``(D) such other staff as is necessary for the performance 
        of the Director's duties.
    ``(2) To the maximum extent practicable, the staff of the Director 
shall be generally representative of the population of the United 
States with regard to race, gender, and cultural diversity. The staff 
shall also reflect the race, gender, and cultural diversity of the 
victims filing complaints within the military departments.
    ``(j) Reports to Director.--Each member of the armed forces and 
each officer or employee of the Department of Defense who, in the 
official capacity of that member, officer, or employee, receives an 
allegation of sexual misconduct, sexual assault, domestic violence, 
family violence, or stalking shall submit to the Director notification 
of that allegation, together with such information as the Director may 
require for the purpose of carrying out the Director's duties.
    ``(k) Annual Report on Sexual Misconduct and Domestic Violence.--
Not later than April 1, 2005, and January 15 of each year thereafter, 
the Secretary of Defense shall submit to Congress a report on the 
number and disposition of cases of sexual misconduct, sexual assault, 
family violence, stalking, and domestic violence by or involving 
members of the armed forces and officers and employees of the 
Department of Defense during the preceding year.
    ``(l) Definitions.--In this section:
            ``(1) The term `sexual misconduct' includes the following:
                    ``(A) Sexual harassment, including any conduct 
                involving sexual harassment that--
                            ``(i) in the case of conduct of a person 
                        who is subject to the provisions of chapter 47 
                        of this title (the Uniform Code of Military 
                        Justice), comprises a violation of a provision 
                        of subchapter X of such chapter (relating to 
                        the punitive articles of such Code) or an 
                        applicable regulation, directive, or guideline 
                        regarding sexual harassment that is prescribed 
                        by the Secretary of Defense or the Secretary of 
                        a military department; and
                            ``(ii) in the case of an employee of the 
                        Department of Defense or a family member 
                        subject to the jurisdiction of the Secretary of 
                        Defense or of the Secretary of a military 
                        department, comprises a violation of a 
                        regulation, directive, or guideline referred to 
                        in clause (i) that is applicable to such 
                        employee or family member.
                    ``(B) Sexual abuse.
                    ``(C) Sexual assault.
                    ``(D) Sexual battery.
                    ``(E) Rape.
            ``(2) The term `domestic violence' includes the following:
                    ``(A) Domestic violence.
                    ``(B) Spouse abuse.
                    ``(C) Intimate partner violence.
                    ``(D) Stalking.
                    ``(E) Child abuse, neglect, and maltreatment.
            ``(3) The term `complaint,' with respect to an allegation 
        of sexual misconduct, family violence, sexual assault, 
        stalking, or domestic violence, includes a report of such 
        allegation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 4 of such title is amended by adding at the end the following 
new item:

``144. Director of Special Investigations.''.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for each of fiscal years 2005 through 2009 for Operation 
and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out 
the functions of the Director of Special Investigations in the 
Department of Defense. Funds available under this section shall remain 
available until expended. Of the amounts appropriated to carry out this 
section for any fiscal year, the Secretary--
            (1) may not use more than 3 percent for evaluation, 
        monitoring, site visits, conferences, and other administrative 
        costs associated with conducting activities under this section; 
        and
            (2) shall use not less than 5 percent for technical 
        assistance and training to be provided by organizations having 
        demonstrated expertise in developing law enforcement, criminal 
        justice, and investigative protocols and procedures in response 
        to domestic violence, family violence, sexual assault, and 
        stalking, including the Federal Law Enforcement Training 
        Center, the American Prosecutors Research Institute, and the 
        National District Attorneys Association.
Technical assistance and training under paragraph (2) may be offered to 
elements of the Armed Forces, installations, or commands in the process 
of developing investigative procedures, whether they are receiving 
funds under this section or not.

 TITLE IV--PROTECTION OF PERSONS REPORTING SEXUAL ASSAULT OR DOMESTIC 
                                VIOLENCE

SEC. 401. PROTECTION OF COMMUNICATIONS BETWEEN VICTIMS AND ADVOCATES.

    (a) Restricting Communication Prohibited.--Subsection (a) of 
section 1034 of title 10, United States Code, is amended by inserting 
before the period at the end the following: ``or the Office of the 
Victims' Advocate or a Victims' Advocate within the Department of 
Defense''.
    (b) Prohibition of Retaliatory Personnel Actions.--Subsection 
(b)(1) of such section is amended--
            (1) in subparagraph (A), by striking ``or an Inspector 
        General'' and inserting ``, an Inspector General, or the Office 
        of the Victims' Advocate or a Victims' Advocate''; and
            (2) in subparagraph (A)--
                    (A) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively; and
                    (B) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) The Office of the Victims' Advocate 
                        or a Victims' Advocate.''.
    (c) Inspector General Investigations.--Subsection (c)(2) of such 
subsection is amended by inserting ``, sexual assault, domestic 
violence, family violence, stalking,'' in subparagraph (A) after 
``sexual harassment''.

SEC. 402. WHISTLEBLOWER PROTECTIONS FOR VICTIM ADVOCATES.

    (a) Restricting Communications With Victims and Survivors 
Prohibited.--(1) No person may restrict a victim advocate within the 
Department of Defense in communicating with a victim or survivor of 
domestic violence, sexual assault, family violence, intimate partner 
violence, or stalking.
    (2) Paragraph (1) does not apply to a communication that is 
unlawful.
    (b) Prohibition of Retaliatory Personnel Actions.--(1) No person 
may take or threaten to take an unfavorable personnel action, or 
withhold or threaten to withhold a favorable personnel action, against 
a victim advocate as a reprisal for--
            (A) providing services to victims and survivors of domestic 
        violence, sexual assault, family violence, intimate partner 
        violence, or stalking;
            (B) a communication to a Member of Congress or an Inspector 
        General;
            (C) a communication with military law enforcement, military 
        criminal investigators, judge advocates, or command;
            (D) a communication with civilian law enforcement, county, 
        State, or United States attorneys, court officials, probation 
        officers, or victim service providers; or
            (E) a communication with any other person or organization, 
        including any person or organization in the chain of command, 
        in the course of providing services to a victim or survivor.
    (2) Any action prohibited by paragraph (1), including the threat to 
take any action and the withholding or threat to withhold any favorable 
action, shall be considered for the purposes of this section to be a 
personnel action prohibited by this subsection.
    (c) Investigation of Allegations of Prohibited Personnel Actions.--
(1) If a victim advocate submits to an Inspector General an allegation 
that a personnel action prohibited by subsection (b) has been taken or 
threatened against the victim advocate with respect to communication 
described in paragraph (2), the Inspector General shall take the action 
required under paragraph (3).
    (2) A communication described in this paragraph is a communication 
which a victim advocate reasonably believes constitutes evidence of any 
of the following:
            (A) A violation of law or regulation, including a law or 
        regulation prohibiting domestic violence, sexual assault, or 
        stalking.
            (B) Gross mismanagement, an abuse of authority, or a 
        substantial danger to community safety or public health.
    (3)(A) If the Inspector General receiving an allegation as 
described in paragraph (1) is an Inspector General within a military 
department, that Inspector General shall promptly notify the Inspector 
General of the Department of Defense of the allegation. Such 
notification shall be made in accordance with regulations prescribed 
under subsection (f).
    (B) An Inspector General receiving such an allegation shall 
expeditiously determine, in accordance with regulations prescribed 
under subsection (f), whether there is sufficient evidence to warrant 
an investigation of the allegation.
    (C) Upon determining that an investigation of an allegation under 
paragraph (1) is warranted, the Inspector General making the 
determination shall expeditiously investigate the allegation.
    (D) The Inspector General of the Department of Defense shall ensure 
that the Inspector General conducting the investigation of an 
allegation under this subsection is outside the immediate chain of 
command of both the victim advocate submitting the allegation and the 
individual or individuals alleged to have taken the retaliatory action.
    (d) Investigation of Underlying Allegations.--Upon receiving an 
allegation under subsection (c), the Inspector General receiving the 
allegation shall conduct a separate investigation of the information 
that the victim advocate making the allegation believes constitutes 
evidence of wrongdoing as described in subparagraph (A) or (B) of 
subsection (c)(2) if there previously has not been such an 
investigation or if the Inspector General determines that the original 
investigation was biased or otherwise inadequate.
    (e) Reports on Investigations.--(1) After completion of an 
investigation under subsection (c) or (d), the Inspector General 
conducting the investigation shall submit a report on the results of 
the investigation to the Secretary of Defense and Director of the 
Office of the Victims' Advocate and shall transmit a copy of the report 
on the results of the investigation to the victim advocate who made the 
allegation investigated. The report shall be transmitted to the 
Secretary of Defense and the Director of the Office of the Victims' 
Advocate, and the copy of the report shall be transmitted to the victim 
advocate, not later than 30 days after the completion of the 
investigation.
    (2) In the copy of the report transmitted to the victim advocate, 
the Inspector General shall ensure that the maximum disclosure of 
information possible, with the exception of information that is not 
required to be disclosed under section 552 of title 5, United States 
Code. However, the copy need not include summaries of interviews 
conducted, nor any document acquired, during the course of the 
investigation. Such items shall be transmitted to the victim advocate, 
if the victim advocate requests the items, with the copy of the report 
or after the transmittal to the victim advocate of the copy of the 
report, regardless of whether the request for those items is made 
before or after the copy of the report is transmitted to the victim 
advocate.
    (3) If, in the course of an investigation of an allegation under 
this section, the Inspector General determines that it is not possible 
to submit the report required by paragraph (1) within 180 days after 
the date of receipt of the allegation being investigated, the Inspector 
General shall provide to the Secretary of Defense and to the victim 
advocate making the allegation a notice--
            (A) of that determination, including the reasons why the 
        report may not be submitted within that time; and
            (B) of the time when the report will be submitted.
    (4) The report on the results of the investigation shall contain a 
thorough review of the facts and circumstances relevant to the 
allegation and the complaint or disclosure and shall include documents 
acquired during the course of the investigation, including summaries of 
interviews conducted. The report may include a recommendation as to the 
disposition of the complaint.
    (f) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section. In prescribing such regulations 
the Secretary of Defense shall provide for appropriate procedural 
protections for the subject of any investigation carried out under this 
section, including a process of appeal and review of investigative 
findings.
    (2) The Secretary shall provide in such regulations that a 
violation of the prohibition in this section by a person subject to 
chapter 47 of title 10, United States Code (the Uniform Code of 
Military Justice), is punishable as a violation of section 892 of that 
title.
    (3) Such regulations shall be prescribed not later than 120 days 
after the date of the enactment of this Act.

SEC. 403. PROHIBITION OF COMPULSORY DISCLOSURE OF CERTAIN 
              COMMUNICATIONS AND INFORMATION.

    (a) Prohibition.--A victim representative may not be compelled, 
without appropriate consent, to give testimony or to produce records 
concerning confidential communications for any purpose in a criminal, 
disciplinary, civil, legislative, or administrative proceeding.
    (b) Definitions.--For purposes of this section:
            (1) Appropriate consent.--The term ``appropriate consent'' 
        means--
                    (A) the consent of the victim, with respect to 
                testimony of--
                            (i) an adult victim; or
                            (ii) a victim representative, if the victim 
                        is an adult; and
                    (B) the consent of the victim's parent, legal 
                guardian, or guardian ad litem, with respect to the 
                testimony of--
                            (i) a victim who is a minor or incompetent 
                        to testify; or
                            (ii) a victim representative if the victim 
                        is a minor or incompetent to testify.
            (2) Victim representative.--The term ``victim 
        representative'' means a victim advocate, victim witness 
        liaison, victim support liaison, or victim counselor.
    (c) Emergency Shelter Protection.--A victim or victim 
representative may not be compelled to provide testimony in a civil, 
criminal, legislative, disciplinary, or administrative proceeding that 
would identify--
            (1) the name, address, location, or telephone number of a 
        safe house, abuse shelter, or other facility that provided 
        temporary emergency shelter to the victim of the offense or 
        transaction that is the subject of the proceeding; or
            (2) the name, address, or telephone number of a victim 
        representative.
    (d) Waiver by Minor.--A minor may waive the privilege provided 
under subsection (a) and testify, or give consent for a victim 
representative to testify, if the court or hearing officer determines 
that the minor is capable of knowingly waiving the privilege.
    (e) Exception to Waiver Authority.--Notwithstanding subsection (a), 
a parent or legal guardian may not, on behalf of a minor, waive the 
privilege provided under subsection (a) with respect to the minor's 
testimony or the testimony of a victim representative if--
            (1) the parent or legal guardian has been charged with a 
        crime against the minor;
            (2) a protective order, no contact order or restraining 
        order has been entered against the parent or legal guardian on 
        request of or behalf of the minor; or
            (3) the parent or legal guardian otherwise has an interest 
        adverse to that of the minor with respect to the waiver of 
        privilege.

               TITLE V--PERSONNEL ADMINISTRATION MATTERS

SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS.

    (a) Requirement.--The Secretary of Defense shall prescribe in 
regulations a requirement that, in the case of any member of the Army, 
Navy, Air Force, or Marine Corps and any officer or employee of the 
Department of Defense, the commitment of the member, or the officer or 
employee, to the elimination of sexual harassment, sexual misconduct, 
sexual assault, domestic violence, family violence, and stalking in the 
place of work or duty of the member, or the officer or employee, and at 
installations and other facilities of the Department of Defense shall 
be one of the factors considered in--
            (1) the evaluation of the performance of work or duties of 
        the member or the officer or employee;
            (2) the determination of the appropriateness of a promotion 
        of the member or the officer or employee; and
            (3) the determination of the appropriateness of selecting 
        the member or the officer or employee to receive a financial 
        award for performance of work or duties.
    (b) Annual Report to Congress.--The Secretary shall submit to 
Congress an annual report on the implementation of the regulations 
required by subsection (a). The report shall contain an assessment of 
the effects of the implementation of such regulations on the number, 
extent, and seriousness of the cases of domestic violence, sexual 
misconduct, sexual assault, family violence, and stalking in the 
Department of Defense. The annual report under this subsection shall be 
separate from the annual report required by section 144(k) of title 10, 
United States Code.
    (c) Eligibility for Promotion and Awards.--The Secretary of Defense 
and the Secretary of the military department concerned may not approve 
for presentation of a financial award for performance of work or duties 
or for promotion an officer or employee of the Department of Defense or 
a member of the Armed Forces who--
            (1) has been convicted of a criminal offense involving 
        domestic violence, family violence, sexual assault, sexual 
        misconduct, or stalking; or
            (2) has received any other disciplinary action or adverse 
        personnel action on the basis of having engaged in domestic 
        violence, sexual assault, sexual misconduct, family violence, 
        or stalking.

 TITLE VI--NATIONAL AND INTERNATIONAL HOTLINES AWARENESS, PREVENTION, 
                       AND INTERVENTION CAMPAIGN

SEC. 601. AWARENESS, PREVENTION, AND INTERVENTION CAMPAIGN.

    (a) Awards Authorized.--The Secretary of Defense (in this section 
referred to as the ``Secretary''), acting through the Director of the 
Office of the Victims' Advocate, is authorized to award contracts to 
any eligible entity to support the crisis intervention services of the 
Department of Defense for victims of domestic violence, sexual assault, 
family violence, and stalking in the Department of Defense.
    (b) Eligible Entities.--In this section, the term ``eligible 
entity'' means any of the following:
            (1) The National Domestic Violence Hotline.
            (2) The National Sexual Assault Hotline.
            (3) The American Women Overseas Hotline.
    (c) Purpose of Contract.--An entity awarded a contract under 
subsection (a) shall--
            (1) include in the services provided under the contract the 
        availability of a toll-free telephone number (commonly referred 
        to as an ``800'' number);
            (2) ensure that information about services and resources 
        available to military personnel, families, and partners--
                    (A) is revised and updated as appropriate;
                    (B) is made available and visibly posted at 
                appropriate facilities within the Department of 
                Defense; and
                    (C) is made available through appropriate public 
                information services;
            (3) provide for coordination with the Secretary of Defense, 
        acting through the Director of the Office of the Victims' 
        Advocate, to ensure that individuals are provided appropriate 
        information about programs, requirements, and procedures for 
        military and civilian resources, services, counseling, and 
        treatment;
            (4) provide support services for military personnel, 
        families, and partners for the purpose of developing and 
        strengthening effective prevention and intervention strategies 
        with response to servicemembers, family members, and partners 
        experiencing domestic violence, family violence, sexual 
        assault, and stalking;
            (5) develop and implement policies regarding appropriate, 
        safe responses, and identification and referral procedures for 
        servicemembers, family members, and partners experiencing 
        domestic violence, family violence, sexual assault, and 
        stalking;
            (6) provide linguistically and culturally appropriate 
        services, or linkages to existing services in the community, 
        tailored to the needs of victims and survivors associated with 
        the Armed Forces; and
            (7) provide the necessary human resources to respond to the 
        needs of servicemembers, family members, and partners who are 
        experiencing domestic violence, family violence, sexual 
        assault, or stalking, such as a resource person or liaison who 
        is either on-site or on-call and who possesses demonstrated 
        experience as a service provider to victims associated with the 
        Armed Forces.
    (d) Applications.--
            (1) In general.--An eligible entity that desires to receive 
        a contract under this section shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require, consistent with the 
        requirements in this section.
            (2) Contents.--An application under paragraph (1) shall--
                    (A) outline and describe the activities to be 
                undertaken to promote prevention, interventions and 
                collaboration;
                    (B) identify the members of the entity submitting 
                the application who will be responsible for carrying 
                out the activities described in subparagraph (A);
                    (C) ensure that communities or agencies affected by 
                the activities described in subparagraph (A) are 
                adequately represented in the development of the 
                application, resources, training, and follow on 
                activities to be undertaken, and that they have a 
                significant role in evaluating the success of the 
                project;
                    (D) include documentation of any history of 
                training between military entities, domestic violence, 
                sexual assault, or stalking service providers, courts, 
                law enforcement agencies, community-based programs, and 
                other needs of victims of domestic violence, sexual 
                assault, family violence, and stalking;
                    (E) provide assurances that training and other 
                activities will be provided to all types of staff, will 
                address appropriate practices for dissemination of 
                information, referrals, follow-up, screening, intake, 
                assessment, and provision of services addressing the 
                safety needs of victims of domestic violence, sexual 
                assault, family violence, or stalking;
                    (F) describe how the training and collaboration 
                activities will enhance or ensure the safety and 
                security of Armed Forces personnel, family members, and 
                partners where domestic violence, sexual assault, 
                family violence, or stalking occurs by providing 
                appropriate resources, protection, and support to 
                victims;
                    (G) outline the services to be provided, including 
                information and referrals to both military and civilian 
                resources;
                    (H) outline methods and means participating 
                entities will use to ensure that all services are 
                provided in a linguistically and culturally competent 
                manner and will use community-based support and 
                resources; and
                    (I) outline the protocols, policies, and procedures 
                participating entities will develop and adopt to ensure 
                the confidentiality of victims.
    (e) Considerations.--(1) In providing information on services, 
resources, counseling, and advocacy available to Armed Forces 
personnel, family members, and partners, the Secretary shall ensure 
that the personnel who provide assistance under this section are 
trained to provide to persons who have experienced sexual assault, 
domestic violence, family violence, and stalking information about the 
services, care, and treatment relating to domestic violence, family 
violence, sexual assault, and stalking available in the communities in 
which the victim resides, including care and services available under 
programs of the Department of Defense and the Department of Veterans 
Affairs and from non-military and non-veteran agencies and 
organizations.
    (2) The Secretary shall ensure that the telephone assistance 
service shall be operated in a manner that protects the confidentiality 
of persons who place a call to the system.
    (3) The Secretary shall ensure that information about the 
availability of the telephone assistance service is visibly posted in 
medical facilities, commissary and exchange facilities, and Family 
Advocacy Program and Victims' Advocate Program facilities of the 
Department and is advertised through public service announcements and 
pamphlets, and by other means.
    (f) Duration of Awards.--The Secretary shall make the awards under 
this section for a period of one year. The awards may be renewed.
    (g) Award Amounts.--Each award under this section shall be in an 
amount of not more than $500,000 per year.
    (h) Confidentiality.--(1) In order to ensure the safety of victims 
of domestic violence, sexual assault, family violence, or stalking and 
their families, the hotline service provider shall protect the 
confidentiality and privacy of persons receiving services. The hotline 
service provider shall not disclose any personally identifying 
information or individual information collected in connection with 
services requested, used, or denied through its programs. The hotline 
service provider shall not reveal individual client information without 
the informed, written, reasonably time-limited consent of the person 
(or in the case of an unemancipated minor, the minor and the parent or 
guardian) about whom information is sought, whether for the victim 
service provider or any other Armed Forces, Tribal, Federal, State, or 
Territorial program. If release of such information is compelled by 
statutory or court mandate, the hotline services provider shall make 
reasonable attempts to provide notice to victims affected by the 
disclosure of information. If such personally identifying information 
is or will be revealed, the hotline service provider shall take steps 
necessary to protect the privacy and safety of the persons affected by 
the release of the information. The hotline service provider may share 
nonpersonally identifying data in the aggregate regarding services to 
their clients and nonpersonally identifying demographic information in 
order to comply with Armed Forces, Tribal, Federal, State, or 
Territorial reporting, evaluation, or data collection requirements.
    (2) In this subsection, the term ``personally identifying 
information'' has the meaning given that term in section 1815(c) of 
title 10, United States Code, as added by section 101.
    (i) Nonsupplantation.--Any Federal funds received under this 
section shall be used to supplement, and not to supplant, non-Federal 
funds that would otherwise be available for activities funded under 
this section.
    (j) Matching Funds.--For the purposes of this section, a nonprofit, 
nongovernmental victim services program receiving funds under this 
section may not be required to provide matching funds as a condition of 
receiving an award under this section.
    (k) Reports.--An entity receiving funds under this section shall 
submit to the Secretary a report that describes, at a minimum--
            (1) how the funds under the program were used and the 
        extent to which Armed Forces personnel, family members, or 
        partners were served;
            (2) the adequacy of staff training and services to ensure 
        that the needs of Armed Forces members, family members, or 
        partners were met; and
            (3) the existence of continuing barriers the entity faces 
        to more fully addressing the needs of Armed Forces members, 
        family members, or partners.
    (l) Authorization of Appropriation.--There is authorized to be 
appropriated for each of fiscal years 2005 through 2009 for Operation 
and Maintenance, Defense-Wide, the amount of $500,000 to carry out this 
section.
    (m) Availability.--Funds available under this section shall remain 
available until expended. Of the amounts appropriated to carry out this 
section for each fiscal year, the Secretary--
            (1) may not use more than 3 percent for evaluation, 
        monitoring, site visits, conferences, and other administrative 
        costs associated with conducting activities under this section; 
        and
            (2) shall use not less than 5 percent for technical 
        assistance and training to be provided by organizations having 
        demonstrated expertise in developing system responses to 
        domestic violence, family violence, sexual assault and 
        stalking.
Technical assistance and training under paragraph (2) may be offered to 
elements of the Armed Forces, installations, and commands in the 
process of developing community responses, whether they are receiving 
funds under this section or not.

    TITLE VII--MEDICAL CARE AND TREATMENT FOR VICTIMS OF SEXUAL AND 
                           DOMESTIC VIOLENCE

SEC. 701. FINDINGS.

    Congress makes the following findings:
            (1) A study published in the New England Journal of 
        Medicine reported that one in six soldiers of the Iraq War 
        displays symptoms of post-traumatic stress disorder (PTSD).
            (2) Clinical experts are anticipating an increase in the 
        number of post-traumatic stress disorder cases among members of 
        the Armed Forces in light of the increasing duration of 
        military deployments.
            (3) Studies conducted by the Department of Defense indicate 
        an increase in domestic violence cases following deployments.
            (4) Victims of domestic violence, family violence, sexual 
        assault, and stalking display symptoms of post-traumatic stress 
        disorder and other psychosocial symptoms following the onset of 
        violence.
            (5) Sixty-six percent of victims of sexual assault display 
        symptoms of post-traumatic stress disorder referred to as rape 
        trauma or military sexual trauma. Ninety percent of sexual 
        assault victims experience the onset of post-traumatic stress 
        disorder within one month of the assault. Fifty percent of 
        sexual assault victims display symptoms of post-traumatic 
        stress disorder up to six months following the assault. One-
        third of victims of sexual assault display symptoms of post-
        traumatic stress disorder more than six months later.
            (6) The Secretary of Defense is required to ensure, in 
        accordance with Federal law, that the Department of Defense 
        maintains its capacity to provide treatment and rehabilitative 
        needs of active duty personnel and military families within 
        programs or facilities of the Department.

SEC. 702. ENHANCED DEPARTMENT OF DEFENSE TREATMENT CAPACITY.

    (a) Additional Personnel Authorized.--The Secretary of Defense, 
acting through the Assistant Secretary of Defense for Health Affairs, 
may award contracts for additional personnel, including sexual assault 
nurse examiners, social workers, psychiatrists, and other mental health 
services specialists in medical centers and outpatient facilities 
specializing in the diagnosis and treatment of post-traumatic stress 
disorder, rape trauma, military sexual trauma, domestic violence, 
family violence, stalking, sex offender behavior, or batterer 
intervention.
    (b) Use of Funds.--Funds made available pursuant to the 
authorization of appropriations in subsection (c) shall, to the extent 
funds are available for such purpose, be used to employ at least one 
sexual assault nurse examiner and psychiatrist, and a complimentary 
clinical team at each medical facility operated by the Department of 
Defense in order to conduct a specialized program at that facility for 
the diagnosis and treatment of post-traumatic stress disorder, rape 
trauma, and military sexual trauma.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2005 through 2009.

SEC. 703. OUTREACH PROGRAM AT THE COMMUNITY LEVEL.

    (a) Program.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Health Affairs, shall carry out a 
program to provide outreach at the community level to members of the 
Armed Forces on active duty and family members of such members who are 
victims of domestic violence, sexual assault, family violence, or 
stalking.
    (b) Program Sites.--The outreach program shall be carried out on a 
nation-wide basis through facilities of the Department of Defense.
    (c) Program Content.--In conducting the outreach program, the 
Secretary shall provide for individualized case management to be 
conducted on a one-to-one basis, counseling, education, and group 
therapy to help participants cope with trauma. Through the program, the 
Secretary shall--
            (1) emphasize early identification of victims experiencing 
        post-traumatic stress disorder, rape trauma, military sexual 
        trauma, domestic violence, family violence, or stalking;
            (2) include group-oriented, peer-to-peer settings for 
        treatment;
            (3) acknowledge that the causal factors of domestic 
        violence, sexual assault, family violence, and stalking include 
        power and control;
            (4) provide victims of sexual assault with timely and 
        confidential access to the necessary standard of post-sexual 
        assault medical care, including rape evidence kits, sexually 
        transmitted disease screening and treatment, HIV screening and 
        treatment, FDA-approved methods of pregnancy prevention, 
        including emergency contraception and reproductive services, 
        including all services as authorized by section 1093 of title 
        10, United States Code; and
            (5) provide that health information packets given to 
        members of the Armed Forces and their family members include 
        information about how to access timely and confidential post-
        sexual assault medical care, including rape evidence kits, 
        sexually transmitted disease screening and treatment, HIV 
        screening and treatment, and FDA-approved methods of pregnancy 
        prevention, including emergency contraception.
    (d) Program Models.--The Secretary shall establish and carry out 
the program following a comprehensive review of programs, including 
programs of the Department of Veterans Affairs, of State, and local 
governments, and of private, nonprofit, or nongovernmental 
organizations specializing in the treatment of victims of domestic 
violence, sexual assault, family violence, or stalking.

SEC. 704. EQUAL TREATMENT AND SERVICES.

    The Secretary of Defense shall develop and adopt policies to 
prohibit the disparate treatment of females in placement and treatment, 
and establishing gender specific services to ensure that females have 
access to the full range of health and mental health services, 
treatment for physical and sexual assault and abuse, education in 
parenting, education in general, and other training and vocational 
services.

SEC. 705. EVALUATION OF SERVICES AND TREATMENT WITHIN DEPLOYED UNITS.

    (a) Assessment of Deployed Units.--The Secretary of Defense shall 
assess the availability and accessibility within deployed units of rape 
evidence kits, testing supplies for sexually transmitted infections and 
diseases (STIs), for HIV, and for pregnancy, emergency contraception, 
transportation, resources, and medication. The assessment shall include 
an inventory of supplies, trained personnel, and transportation 
resources assigned or deployed. The assessment shall be completed no 
later than 30 days after the date of the enactment of this Act.
    (b) Action Plan for Deployed Units.--The Secretary shall develop a 
plan to enhance accessibility and availability of supplies, trained 
personnel, and transportation resources in response to sexual assaults 
occurring in deployed units.
    (c) Reports.--(1) The Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report as 
to the supply inventory, location, accessibility, and availability of 
supplies, trained personnel, and transportation resources, and the 
strategic plan developed under subsection (b) to enhance the same in 
response to sexual assault in deployed units, within 45 days of the 
enactment of this Act.
    (2) The Secretary shall submit to those committees a report on 
implementation of that strategic plan within 90 days of the enactment 
of this Act.

SEC. 706. EMERGENCY MEDICAL LEAVE.

    Section 709 of title 10, United States Code, is amended--
            (1) in subsection (b)(3), by inserting before the period at 
        the end the following: ``except that in a case of sexual 
        assault, domestic violence, family violence, or stalking, the 
        period of such an emergency leave of absence may exceed 14 days 
        but may not extend for a period of more than 30 days''; and
            (2) in subsection (c)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
                    ``(B) sexual assault, domestic violence, family 
                violence, or stalking; or''.

SEC. 707. REPORTS.

    The Secretary of Defense shall submit to Congress a report setting 
forth the results of such review not later than 90 days after the date 
of the enactment of this Act. The Secretary shall submit every 18 
months thereafter a report that describes--
            (1) the extent to which military personnel and family 
        members were served;
            (2) the adequacy of staff training and services to ensure 
        that needs of Armed Forces members and family members, 
        including transportation and location; and
            (3) the existence of continuing barriers to more fully 
        addressing the needs of members of the Armed Forces and their 
        family members.

SEC. 708. TRANSITION TO VETERANS HEALTH CARE FOR VICTIMS OR 
              PERPETRATORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, FAMILY 
              VIOLENCE, OR STALKING.

    The Secretary of each military department shall take special care 
in providing for a seamless transition from Department of Defense 
health care services to Department of Veterans Affairs health care 
services in the case of any member of the Armed Forces who is being 
discharged or separated from active duty and who has been identified as 
a victim or perpetrator of domestic violence, sexual assault, family 
violence, or stalking.

SEC. 709. PRIVACY SAFEGUARDS.

    (a) In General.--In order to ensure the safety of victims of 
domestic violence, family violence, sexual assault or stalking and 
their families, the health care provider shall protect the 
confidentiality and privacy of persons receiving services. The health 
care provider may not disclose any personally identifying information 
or individual information collected in connection with services 
requested, used, or denied through its programs. The health care 
provider shall not reveal individual client information without the 
informed, written, reasonably time-limited consent of the person (or in 
the case of an unemancipated minor, the minor and the parent or 
guardian) about whom information is sought, whether for the victim 
service provider or any other Armed Forces, Veterans, Tribal, Federal, 
State, or Territorial program. If release of such information is 
compelled by statutory or court mandate, the health care provider shall 
make reasonable attempts to provide notice to victims affected by the 
disclosure of information. If such personally identifying information 
is or will be revealed, the health care provider shall take steps 
necessary to protect the privacy and safety of the persons affected by 
the release of the information. The health care provider may share 
nonpersonally identifying data in the aggregate regarding services to 
their clients and nonpersonally identifying demographic information in 
order to comply with Armed Forces, Veterans, Tribal, Federal, State, or 
Territorial reporting, evaluation, or data collection requirements. The 
health care provider may share court-generated information contained in 
secure, governmental registries.
    (b) Personally Identifying Information.--In this section, the term 
``personally identifying information'' has the meaning given that term 
in section 1815(c) of title 10, United States Code, as added by section 
101.

             TITLE VIII--MILITARY-CIVILIAN SHELTER PROGRAMS

SEC. 801. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR SHELTER 
              PROGRAMS AND SERVICES.

    (a) Awards Authorized.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Office of the Victims' Advocate, may award 
        contracts to eligible entities to enable the design, 
        replication, and implementation of shelter services for 
        servicemembers, family members, or partners who experience 
        domestic violence, family violence, sexual assault, or 
        stalking.
            (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 shelter services to victims of domestic violence, 
        family violence, sexual assault, or stalking. The entity may 
        be--
                    (A) a community-based organization specializing in 
                intervention or violence prevention services for 
                military 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, 
                family violence, sexual assault, or stalking;
                    (C) a nonprofit, nongovernmental entity providing 
                services for veterans;
                    (D) a nonprofit, nongovernmental entity providing 
                services to homeless individuals; or
                    (E) a governmental program serving servicemembers 
                and family members.
    (b) Uses of Funds.--An entity awarded a contract under subsection 
(a) shall--
            (1) whenever possible, collaborate with existing shelter 
        services in the civilian community to provide appropriate 
        victim services;
            (2) provide, when appropriate shelter services are not 
        available in the civilian community or are not accessible to 
        Armed Forces personnel, 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 identification and referral procedures 
        and safe response for Armed Forces personnel, family members, 
        and partners who are experiencing domestic violence, family 
        violence, sexual assault or stalking, including procedures for 
        handling the requirements of protective orders (military or 
        civilian) that ensure the safety of the victim and hold the 
        perpetrator accountable;
            (4) provide aid, including legal, medical, or psychological 
        counseling, to Armed Forces members, family members, or 
        partners, who are experiencing domestic violence, family 
        violence, sexual assault, 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 Armed Forces members, family members or partners who 
        are victims of domestic violence, family violence, sexual 
        assault, or stalking;
            (7) provide the necessary human resources to respond to the 
        needs of Armed Forces members, family members, or partners who 
        are experiencing domestic violence, family violence, sexual 
        assault, or stalking, such as a resource person or liaison who 
        is either on-site or on-call, and who possesses demonstrated 
        experience as a service provider to victims associated with the 
        Armed Forces;
            (8) provide direct counseling and advocacy for Armed Forces 
        members, family members, or partners who have experienced 
        domestic violence, family violence, sexual assault, 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;
            (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, family violence, sexual assault, rape, or 
        stalking; and
            (12) use 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.
    (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 of this section.
            (2) Contents.--An application submitted pursuant to 
        paragraph (1) shall include--
                    (A) an outline and description of the services to 
                be provide to ensure the health and safety of victims 
                of domestic violence, sexual assault, family violence, 
                and stalking;
                    (B) identification of the members of the 
                organization who will be responsible for carrying out 
                services;
                    (C) assurances 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) documentation of any services or advocacy 
                between military entities, domestic violence, sexual 
                assault, family violence, or stalking service 
                providers, courts, law enforcement agencies, community-
                based programs, and other entities;
                    (E) assurances that services and activities will be 
                provided to all types of staff, will address 
                appropriate practices for prevention, intervention, 
                response, safety, follow-up, screening, intake, 
                assessment, and provision of services addressing the 
                safety needs of victims of domestic violence, family 
                violence, sexual assault or stalking;
                    (F) a description of how the services and 
                activities will enhance or ensure the safety and 
                security of personnel, families and partners where 
                domestic violence, family violence, sexual assault or 
                stalking occurs by providing appropriate resources, 
                protection, and support to victims;
                    (G) an outline of 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) an outline of the protocols, policies, 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--
                            (i) support servicemembers, family members, 
                        and partners who are victims of domestic 
                        violence, sexual assault, family violence, or 
                        stalking; and
                            (ii) provide legal assistance and advocacy 
                        for victims of domestic violence, family 
                        violence, sexual assault or stalking, 
                        including, where appropriate, assistance in 
                        obtaining and entering orders of protection;
                    (B) provides support 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) will identify, assess, and respond 
                appropriately to domestic violence, family violence, 
                sexual assault, or stalking against servicemembers, 
                family members, or partners;
                    (D) provides appropriate resources in family court 
                matters to respond to domestic violence, family 
                violence, sexual assault, or stalking;
                    (E) assures that necessary services dealing with 
                physical and mental health of victims are available; 
                and
                    (F) the military installation commander must submit 
                proof of collaboration with any existing nonprofit 
                nongovernmental service provider for victims of 
                domestic violence, family violence, sexual assault, or 
                stalking located in the region.
    (d) Contracting 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.
    (e) Duration of Awards.--A contract awarded under this section 
shall be awarded for a period of three fiscal years. Such a contract 
may be renewed.
    (f) Amount.--A contract awarded under this section shall be in an 
amount of not less than $5,000 per year and not more than $300,000 per 
year.
    (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, the 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. The victim 
        services provider shall not reveal individual client 
        information without the informed, written, reasonably time-
        limited consent of the person (or in the case of an 
        unemancipated minor, the minor and the parent or guardian) 
        about whom information is sought, whether for the victim 
        service provider or any other Armed Forces, Tribal, Federal, 
        State, or Territorial program. If release of such information 
        is compelled by statutory or court mandate, the victim services 
        provider shall make reasonable attempts to provide notice to 
        victims affected by the disclosure of information. 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 
        nonpersonally identifying data in the aggregate regarding 
        services to their clients and nonpersonally identifying 
        demographic information in order to comply with Armed Forces, 
        Tribal, Federal, State, or Territorial reporting, evaluation, 
        or data collection requirements. The victim services provider 
        may share court-generated information contained in secure, 
        governmental registries for protection order enforcement 
        purposes.
            (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.
    (i) Matching Funds.--Nonprofit, nongovernmental victim services 
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, 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 any continuing barriers the entity 
        faces to more fully addressing the needs of servicemembers, 
        family members, and partners.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal years 2005 through 2009 for Operation and 
Maintenance, Defense-Wide, $5,000,000 to carry out this section.
    (l) Availability.--Funds available under this section shall remain 
available until expended. Of the amounts appropriated to carry out this 
section for each 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.

      TITLE IX--ENHANCEMENT OF ARMED FORCES DOMESTIC SECURITY ACT

SEC. 901. AMENDMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT.

    The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is 
amended--
            (1) in section 101(4) (50 U.S.C. App. 511(4))--
                    (A) in the heading, by striking ``Dependent'' and 
                inserting ``Family Member''; and
                    (B) by striking ``dependent'' and inserting 
                ``family member''; and
            (2) in section 202(b)(1) (50 U.S.C. App. 522(b)(1)), by 
        inserting ``, except in the case of an order of protection or 
        restraining order,'' after ``proceeding''.

    TITLE X--CRIMES RELATED TO SEXUAL ASSAULT AND DOMESTIC VIOLENCE

                   Subtitle A--Federal Criminal Code

SEC. 1001. ASSIMILATIVE CRIMES.

    Section 13 of title 18, United States Code, is amended by adding at 
the end the following:
    ``(d) That which may or shall be imposed through judicial or 
administrative action under the law of a State, territory, possession, 
or district for conduct that constitutes a sexual assault, sexual 
abuse, sexual battery, rape, stalking, domestic violence, or family 
violence offense of the jurisdiction shall be considered to be 
punishment provided by the jurisdiction.''.

SEC. 1002. JURISDICTION FOR SEXUAL ASSAULT AND DOMESTIC VIOLENCE 
              OFFENSES COMMITTED OUTSIDE THE UNITED STATES.

    (a) Extraterritorial Jurisdiction.--Section 3261(a) of title 18, 
United States Code, is amended by inserting ``or constitutes a sexual 
assault, sexual abuse, sexual battery, rape, domestic violence, 
stalking, or family violence offense'' after ``year''.
    (b) Definitions.--Section 3267 of such title is amended by adding 
at the end the following new paragraphs:
            ``(5) The term `domestic violence' has the meaning given 
        such term in section 2007(1) of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1)).
            ``(6) The term `sexual assault' has the meaning given such 
        term in section 2007(6) of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2(6)).
            ``(7) The term `sexual misconduct' includes--
                    ``(A) sexual harassment, entailing any conduct 
                involving sexual harassment that--
                            ``(i) in the case of conduct of a person 
                        who is subject to the provisions of chapter 47 
                        of title 10 (the Uniform Code of Military 
                        Justice), comprises a violation of--
                                    ``(I) a provision of subchapter X 
                                of such chapter (relating to punitive 
                                articles of such Code); or
                                    ``(II) an applicable regulation, 
                                directive, or guideline regarding 
                                sexual harassment that is prescribed by 
                                the Secretary of Defense or the 
                                Secretary of a military department; and
                            ``(ii) in the case of an employee of the 
                        Department of Defense or a family member 
                        subject to the jurisdiction of the Secretary of 
                        Defense or of the Secretary of a military 
                        department, comprises a violation of a 
                        regulation, directive, or guideline that is 
                        applicable to such employee or family member;
                    ``(B) sexual abuse;
                    ``(C) sexual assault;
                    ``(D) sexual battery; and
                    ``(E) rape.
            ``(8) Stalking.--The term `stalking' means engaging in a 
        course of conduct as proscribed in chapter 110A directed at a 
        specific person that would cause a reasonable person to fear 
        death, sexual assault, or bodily injury to himself or herself 
        or a member of his or her immediate family, when--
                    ``(A) the person engaging in such conduct has 
                knowledge or should have knowledge that the specific 
                person will be placed in reasonable fear of death, 
                sexual assault, or bodily injury to himself or herself 
                or a member of his or her immediate family; and
                    ``(B) the conduct induces fear in the specific 
                person of death, sexual assault, or bodily injury to 
                himself or herself or a member of his or her immediate 
                family.''.

SEC. 1003. TECHNICAL AMENDMENTS.

    (a) Interstate Domestic Violence.--Section 2261(a) of title 18, 
United States Code, is amended in each of paragraphs (1) and (2) by 
inserting after ``foreign commerce'' the following: ``or in the special 
maritime and territorial jurisdiction of the United States''.
    (b) Protective Orders.--Section 2262(a) of such title is amended in 
each of paragraphs (1) and (2) by inserting after ``foreign commerce'' 
the following: ``or in the special maritime and territorial 
jurisdiction of the United States''.
    (c) Full Faith and Credit for Protective Orders.--Section 2265(a) 
of such title is amended by inserting after ``the court of another 
State or Indian tribe'' the following: ``or of a jurisdiction in the 
special maritime and territorial jurisdiction of the United States''.

SEC. 1004. TRAVEL AND TRANSPORTATION.

    Section 406(h) of title 37, United States Code, is amended by 
striking ``only if a written agreement of the member,''.

              Subtitle B--Uniform Code of Military Justice

SEC. 1011. MILITARY SEXUAL ASSAULT.

    (a) Sexual Assault.--Section 920 of title 10, United States Code 
(article 120 of the Uniform Code of Military Justice), is amended to 
read as follows:
``Sec. 920. Art. 120. Sexual assault
    ``(a) Any person subject to this chapter who knowingly causes 
another person to engage in a sexual act--
            ``(1) by displaying, threatening to use, or using a 
        dangerous weapon, or any object fashioned or utilized in such a 
        manner as to lead a victim under the circumstances to 
        reasonably believe the object to be a dangerous weapon;
            ``(2) by force or threat of force against that other 
        person;
            ``(3) by threatening or placing that other person in fear 
        that any person will be subjected to death, grievous bodily 
        harm, or kidnapping;
            ``(4) by rendering that other person unconscious and 
        thereby engaging in a sexual act with that other person;
            ``(5)(A) by administering to that other person by 
        injection, inhalation, ingestion, transfusion, possession or 
        any other means, without his or her knowledge or by threat or 
        deception, a drug, intoxicant, or other similar substance; or
            ``(B) with the knowledge that another person so 
        administered such drug, intoxicant, or other similar substance;
            ``(6) during the course of or commission of or attempted 
        commission of any other criminal act;
            ``(7) if the sexual act is nonconsensual and the other 
        person has attained the age of 60 years;
            ``(8) if the sexual act is nonconsensual and the other 
        person is a physically or mentally challenged person;
            ``(9) if the sexual act is nonconsensual and the accused is 
        joined or assisted by another person (other than the accused or 
        the other person) in the sexual act or in physically 
        restraining, assaulting, or sexually assaulting the other 
        person;
            ``(10) if the sexual act is nonconsensual and the other 
        person is also caused by any person to engage in another 
        nonconsensual sexual act as part of the same occurrence; or
            ``(11) if the sexual act is nonconsensual and the accused 
        has previously been convicted of another offense (whether under 
        this chapter or under any other Federal or State law) that 
        would constitute sexual assault or aggravated sexual assault;
 is guilty of aggravated sexual assault and shall be punished as a 
court-martial may direct.
    ``(b) Any person subject to this chapter who knowingly--
            ``(1) causes another person to engage in a sexual act by 
        threatening or placing that other person in fear (other than by 
        threatening or placing that other person in fear that any 
        person will be subjected to death, grievous bodily harm, or 
        kidnapping);
            ``(2) engages in a sexual act with another person without 
        the consent, knowledge, or permission of that other person; or
            ``(3) engages in a sexual act with another person if that 
        other person is--
                    ``(A) incapable of consent;
                    ``(B) incapable of appraising the nature of the 
                conduct; or
                    ``(C) physically incapable of declining 
                participation in, or communicating unwillingness to 
                engage in, that sexual act;
is guilty of sexual assault and shall be punished as a court-martial 
may direct.
    ``(c)(1) Any person subject to this chapter who knowingly engages 
in a sexual act with another person who--
            ``(A) has attained the age of twelve years but has not 
        attained the age of sixteen years; or
            ``(B) is under the custodial, supervisory, or disciplinary 
        authority of the person so engaging;
 is guilty of sexual assault of a minor and shall be punished as a 
court-martial may direct.
    ``(2) In a prosecution under this subsection, it need not be proven 
that the accused knew the age of the other person engaging in the 
sexual act.
    ``(3) In a prosecution under this subsection, it is a defense, that 
must be established by a preponderance of the evidence, that the 
accused reasonably believed that the other person had attained the age 
of sixteen years.
    ``(4) In a prosecution under this section, it is a defense, which 
the accused must establish by a preponderance of the evidence, that the 
persons engaging in the sexual act were at that time married to each 
other. The fact that the accuser and the other person engaging in the 
sexual act were at any other time married to each other is not a 
defense.
    ``(d) Any person subject to this chapter who knowingly engages in a 
sexual act with another person who is--
            ``(1) in official detention or confinement; or
            ``(2) under the custodial, supervisory, or disciplinary 
        authority of the person so engaging;
is guilty of sexual assault of a prisoner and shall be punished as a 
court-martial may direct.
    ``(e) In this section, the term `sexual act' means--
            ``(1) contact between the penis and the vulva or the penis 
        and the anus, and for purposes of this subparagraph contact 
        involving the penis, however slight;
            ``(2) contact between the mouth and the penis, the mouth 
        and the vulva, or the mouth and the anus;
            ``(3) penetration, however slight, of the anal or genital 
        opening of another by a hand or finger or by any object, with 
        an intent to abuse, humiliate, harass, degrade, or arouse or 
        gratify the sexual desire of any person;
            ``(4) the intentional touching of the external genitalia, 
        perineum, anus, or pubes of another person or the breast of a 
        female person with an intent to abuse, humiliate, harass, 
        degrade, or arouse or gratify the sexual desire of any person; 
        or
            ``(5) the intentional touching of the clothing covering the 
        immediate area of another person's genitalia, perineum, anus, 
        or pubes of another person or the breast of a female person 
        with an intent to abuse, humiliate, harass, degrade, or arouse 
        or gratify the sexual desire of any person.''.
    (b) Conforming Amendment.--Paragraph (4) of section 918 of title 
10, United States Code (article 118 of the Uniform Code of Military 
Justice), is amended by striking ``rape,'' and inserting ``aggravated 
sexual assault, sexual assault of a minor,''.
    (c) Clerical Amendment.--The item relating to section 920 (article 
120) in the table of sections at the beginning of subchapter X of 
chapter 47 of title 10, United States Code, is amended to read as 
follows:

``920. 120. Sexual assault.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to offenses committed after the date of the 
enactment of this Act.
    (e) Interim Maximum Punishments.--Until the President otherwise 
provides pursuant to section 856 of title 10, United States Code 
(article 56 of the Uniform Code of Military Justice), the punishment 
which a court-martial may direct for an offense under section 920 of 
such title (article 920 of the Uniform Code of Military Justice) may 
not exceed the following limits:
            (1) For aggravated sexual assault, such punishment may not 
        exceed dishonorable discharge, forfeiture of pay and 
        allowances, and confinement for life without eligibility for 
        parole.
            (2) For sexual assault of a minor, such punishment may not 
        exceed dishonorable discharge, forfeiture of all pay and 
        allowances, and confinement for 30 years.
            (3) For sexual assault, such punishment may not exceed 
        dishonorable discharge, forfeiture of all pay and allowances, 
        and confinement for 20 years.
            (4) For sexual assault of a prisoner, such punishment may 
        not exceed bad-conduct discharge, forfeiture of all pay and 
        allowances, and confinement for 15 years.
    (f) No Preemption.--The prosecution or punishment of an accused for 
an offense under section 920 of title 10, United States Code (article 
120 of the Uniform Code of Military Justice), does not preclude the 
prosecution or punishment of that accused for any other offense.

SEC. 1012. STALKING.

    (a) Stalking.--Subchapter X of chapter 47 of title 10, United 
States Code, is amended by inserting after section 928 (article 128 of 
the Uniform Code of Military Justice) the following:
``Sec. 928a. Art. 128a. Stalking
    ``(a) Any person subject to this chapter who knowingly--
            ``(1) travels with the intent to kill, injure, harass, or 
        intimidate another person, and in the course of, or as a result 
        of, such travel places that other person in reasonable fear of 
        the death of, or serious bodily injury to, that other person, a 
        member of the immediate family of that other person, or the 
        spouse or intimate partner of that other person; or
            ``(2) with the intent to kill or injure a person or to 
        place a person in reasonable fear of the death of, or serious 
        bodily injury to, that other person, a member of the immediate 
        family of that other person, or a spouse or intimate partner of 
        that other person, uses mail, telephone or cellular telephone, 
        electronic communication, or any facility of interstate or 
        foreign commerce to engage in a course of conduct that places 
        that person in reasonable fear of such a death or serious 
        bodily injury,
is guilty of stalking and shall be punished as a court-martial may 
direct.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of title 10, United States Code, is amended 
by inserting after the item relating to section 928 (article 128 of the 
Uniform Code of Military Justice) the following new item:

``928a. 128a. Stalking.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to offenses committed after the date of the 
enactment of this Act.
    (d) Interim Maximum Punishments.--Until the President otherwise 
provides pursuant to section 856 of title 10, United States Code 
(article 56 of the Uniform Code of Military Justice), the punishment 
which a court-martial may direct for an offense under section 928a of 
such title (article 128a of the Uniform Code of Military Justice) may 
not exceed the following limits:
            (1) For a stalking if the death of the victim results, such 
        punishment may not exceed dishonorable discharge, forfeiture of 
        pay and allowances, and confinement for life without 
        eligibility for parole.
            (2) For a stalking if permanent disfigurement or life 
        threatening bodily injury to the victim results, such 
        punishment may be twice that as provided including dishonorable 
        discharge, forfeiture of pay and allowances, and confinement 
        for 30 years.
            (3) For a stalking if serious bodily injury to the victim 
        results or if the accused uses a dangerous weapon, such 
        punishment may not exceed dishonorable discharge, forfeiture of 
        all pay and allowances and confinement for 20 years.
            (4) For a stalking that involves an assault involving 
        domestic violence or family violence under section 928 of title 
        10, United States Code (article 128 of the Uniform Code of 
        Military Justice), such punishment may not exceed dishonorable 
        discharge, forfeiture of all pay and allowances and confinement 
        for 10 years.
    (e) No Preemption.--The prosecution or punishment of an accused for 
an offense under section 928a of title 10, United States Code (article 
128 of the Uniform Code of Military Justice), does not preclude the 
prosecution or punishment of that accused for any other offense.

SEC. 1013. DOMESTIC VIOLENCE AND FAMILY VIOLENCE.

    (a) Assault.--Section 928(b) of title 10, United States Code 
(article 128(b) of the Uniform Code of Military Justice), is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by inserting ``or'' at the end of paragraph (2); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) commits an assault involving domestic violence or 
        family violence;''.
    (b) Assault Involving Domestic Violence or Family Violence 
Defined.--Such section is further amended by adding at the end the 
following new subsection:
    ``(c) In this section, the term `assault involving domestic 
violence or family violence' means--
            ``(1) an assault--
                    ``(A) with the intent to kill, injure, harass, or 
                intimidate a spouse, intimate partner, or family 
                member, or any other person related by consanguinity or 
                affinity;
                    ``(B) in which the accused intentionally inflicts 
                bodily harm with or without a weapon upon a spouse, 
                former spouse, intimate partner, or family member, or 
                any other person related by consanguinity or affinity; 
                or
                    ``(C) in which the accused places a person in 
                reasonable fear of imminent bodily injury to that 
                person or to another person;
            ``(2) a sexual assault; or
            ``(3) any conduct in which the accused--
                    ``(A) places a person in reasonable fear of 
                imminent bodily injury to that person or to another;
                    ``(B) harasses or intimidates a spouse, intimate 
                partner, or family member or person related by 
                consanguinity or affinity, in the course of or as a 
                result of which the accused commits a crime of violence 
                against the spouse, intimate partner, or family member 
                or person related by consanguinity or affinity; or
                    ``(C) uses force, coercion, duress, or fraud to 
                facilitate, commit, or attempt to commit a crime of 
                violence against a spouse, former spouse, intimate 
                partner, or family member.''.
    (c) Effective Date.-- The amendments made by this section shall 
apply with respect to offenses committed after the date of the 
enactment of this Act.
    (d) Interim Maximum Punishments.--Until the President otherwise 
provides pursuant to section 856 of title 10, United States Code 
(article 56 of the Uniform Code of Military Justice), the punishment 
which a court-martial may direct for an offense under subsection (b)(3) 
of section 928 of such title (article 128 of the Uniform Code of 
Military Justice) may not exceed the following limits:
            (1) For an assault involving domestic violence or family 
        violence if the death of the victim results, such punishment 
        may not exceed dishonorable discharge, forfeiture of pay and 
        allowances, and confinement for life without eligibility for 
        parole.
            (2) For an assault involving domestic violence or family 
        violence if permanent disfigurement or life threatening bodily 
        injury to the victim results, such punishment may be twice that 
        as provided including dishonorable discharge, forfeiture of pay 
        and allowances, and confinement for 30 years.
            (3) For an assault involving domestic violence or family 
        violence if serious bodily injury to the victim results or if 
        the accused uses a dangerous weapon, such punishment may not 
        exceed dishonorable discharge, forfeiture of all pay and 
        allowances, and confinement for 20 years.
            (4) For an assault involving domestic violence or family 
        violence, such punishment may not exceed dishonorable 
        discharge, forfeiture of all pay and allowances, and 
        confinement for 10 years.
    (e) No Preemption.--The prosecution or punishment of an accused for 
an offense under subsection (b)(3) of section 928 of title 10, United 
States Code (article 128 of the Uniform Code of Military Justice), does 
not preclude the prosecution or punishment of that accused for any 
other offense.

SEC. 1014. PROTECTIVE ORDERS.

    (a) Enforcement of Protective Orders.--Section 892 of title 10, 
United States Code (article 92 of the Uniform Code of Military 
Justice), is amended--
            (1) by inserting ``(a)'' before ``Any person'';
            (2) by striking ``or'' at the end of paragraph (2);
            (3) by inserting ``or'' at the end of paragraph (3);
            (4) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) violates or fails to obey a no contact order or 
        protective order;''; and
            (5) by adding at the end of such section the following new 
        subsection:
    ``(b) In this section, the term `no contact order or protective 
order' includes--
            ``(1) a no contact order issued by a command or supervisor 
        to a member to safeguard a spouse, former spouse, intimate 
        partner, or family member of a member;
            ``(2) a protection order as defined in section 2266(5) of 
        title 18; and
            ``(3) a protective order as defined in section 1561a of 
        this title.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to offenses committed after the date of the 
enactment of this Act.
    (c) No Preemption.--The prosecution or punishment of an accused for 
an offense under subsection (a)(4) of section 892 of title 10, United 
States Code (article 92 of the Uniform Code of Military Justice), does 
not preclude the prosecution or punishment of that accused for any 
other offense.

               TITLE XI--VICTIM'S RIGHTS AND RESTITUTION

SEC. 1101. MILITARY LAW ENFORCEMENT AND VICTIMS' RIGHTS.

    (a) In General.--As soon after an allegation of a domestic 
violence, sexual assault, family violence, or stalking offense as 
possible without interfering with an investigation or arrest, a 
representative of the military law enforcement agency that has 
responsibility for investigating the offense shall provide the victim 
with a multicopy form that includes the following:
            (1) A form for the victim to request or waive applicable 
        rights to information to which the victim is entitled, on 
        request, under this section;
            (2) A means for the victim to designate a lawful 
        representative selected by the victim.
            (3) Notice to the victim of the following:
                    (A) Victims' rights under section 502(b) of the 
                Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
                10606(b)), to be treated with fairness, respect and 
                dignity and to be free of intimidation, harassment, or 
                abuse during the judicial process.
                    (B) The availability of crisis intervention 
                services and resources and medical services and, when 
                applicable, that medical services arising out of the 
                need to secure evidence may be reimbursed.
                    (C) The procedures and resources available for the 
                protection of the victim, including military no contact 
                orders or civilian protection orders, Armed Forces 
                Domestic Security Act as defined by Public Law 107-311, 
                and Full Faith and Credit Provisions of the Violence 
                Against Women Act as defined by section 2265 of title 
                18, United States Code.
                    (D) The names and telephone numbers of public and 
                private assistance programs, including victim 
                compensation programs, transitional compensation 
                programs, and programs that provide counseling, 
                treatment, shelter and support services.
                    (E) The police report number, if available, other 
                identifying information, and the following statement: 
                ``If within 30 days you are not notified of an arrest 
                in your case, you may call (the military law 
                enforcement agency's telephone number) for information 
                on the status of your case.''.
                    (F) Regardless of whether the suspect is an adult 
                or a juvenile, a statement that the victim will be 
                notified by military law enforcement of the arrest of 
                the suspect.
                    (G) If the suspect is an adult and has been 
                arrested, the victim will be informed of the suspect's 
                release, of the scheduled time, place, and date for 
                initial appearances and of the victim's right to be 
                heard, and to exercise these rights, the victim may 
                contact the custodial agency regarding the suspect's 
                status or contact the command regarding any changes.
    (b) Effect of Emotional Status of Victim.--If at the time of 
contact with a military law enforcement agency the victim is 
emotionally unable to request or waive applicable rights, the military 
law enforcement agency shall designate this on the multicopy form and 
the entities that are subsequently affected shall presume that the 
victim invoked the applicable rights to which the victim is entitled, 
and, on request, the victim may later waive those rights.

SEC. 1102. INCIDENT REPORTS.

    (a) In General.--Military law enforcement agencies shall provide, 
without charging a fee, a copy of all incident report face sheets, 
reports, or both, to a victim of domestic violence, sexual assault, 
family violence, or stalking, or to the victim's representative if the 
victim is deceased.
    (b) Time for Availability of Face Sheets.--A copy of an incident 
report face sheet shall be made available during regular business hours 
to a victim or the victim's representative no later than 48 hours after 
being requested by the victim or the victim's representative, unless 
the military law enforcement agency informs the victim or 
representative of the reasons why, for good cause, the face sheet is 
not available, in which case the face sheet shall be made available to 
the victim or representative no later than five working days after the 
request is made.
    (c) Time for Availability of Incident Reports.--A copy of the 
incident report shall be made available during regular business hours 
to a victim or the victim's representative no later than five working 
days after being requested by a victim or representative, unless the 
military law enforcement agency informs the victim or representative of 
the reasons why, for good cause, the incident report is not available, 
in which case the incident report shall be made available to the victim 
or representative no later than 10 working days after the request is 
made.
    (d) Identification.--A person requesting copies under this section 
shall present military law enforcement with the person's 
identification, such as a current, valid military identification card, 
driver's license, State-issued identification card, or passport and, if 
the person is the victim's representative, a certified copy of the 
death certificate or other satisfactory evidence of the death of the 
victim, at the time a request is made. An incident report may not be 
provided to a victim's representative unless the representative 
presents such identification.
    (e) Time Duration.--This section applies to requests for face 
sheets or reports made within five years from the date of completion of 
the incident report.
    (f) Victim's Representative Defined.--
            (1) For purposes of this section, the term ``victim's 
        representative'' means any of the following:
                    (A) The surviving spouse.
                    (B) A surviving child of the decedent who has 
                attained 18 years of age.
                    (C) A surviving parent of the decedent.
                    (D) A surviving adult relative.
                    (E) The public administrator appointed by a probate 
                court, if one has been appointed.
            (2) A victim's representative does not include any person 
        who has been convicted of murder under State or Federal 
        criminal statutes or the Uniform Code of Military Justice, or 
        any person identified in the incident report as a suspect.

SEC. 1103. VICTIM ADVOCATES AND VICTIMS' RIGHTS.

    (a) In General.--Any victim making an allegation of sexual assault, 
domestic violence, family violence, or stalking may have a victim 
advocate, victim support liaison, victim counselor, or victim witness 
liaison present at any interview with the victim.
    (b) Support During Proceedings.--In all military justice 
proceedings, a victim advocate or victim support liaison, victim 
counselor, or victim witness liaison, upon the request of the victim, 
shall be allowed to accompany the victim during the proceedings to 
provide moral and emotional support. The victim advocate, victim 
counselor, victim support liaison, or victim witness liaison shall be 
allowed to confer orally and in writing with the victim in a reasonable 
manner. However, the victim advocate shall not provide legal advice or 
legal counsel to the victim.

SEC. 1104. RESTITUTION.

    (a) In General.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1561a the following new section:
``Sec. 1561b. Restitution
    ``(a) In addition to any other civil, disciplinary, or criminal 
penalty authorized by law, the convening authority shall order 
restitution for any offense specified in section 920, 892(4), or 1561a 
of this title.
    ``(b) Scope and Nature of Order.--
            ``(1) Directions.--The order of restitution under this 
        section shall direct the servicemember to pay the victim the 
        full amount of the victim's losses as determined by the 
        convening authority pursuant to paragraph (2).
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 of title 18 in the same manner as an order under section 
        3663A of that title.
    ``(c) Mandatory Order.--
            ``(1) The issuance of a restitution order under this 
        section is mandatory.
            ``(2) The convening authority may not decline to issue an 
        order under this section because of--
                    ``(A) the economic circumstances of the accused; or
                    ``(B) the fact that a victim has received, or is 
                entitled to receive, compensation for the victim's 
                injuries from the proceeds of insurance, transitional 
                compensation, veterans benefits, or any other source.
    ``(d) Definitions.--In this section:
            ``(1) Full amount of the victim's losses.--The term `full 
        amount of the victim's losses' includes any costs incurred by 
        the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(D) lost income;
                    ``(E) attorney's fees, plus any costs incurred in 
                obtaining a civil protective order; and
                    ``(F) any other loss suffered by the victim as a 
                proximate result of the offense or offenses.
            ``(2) Victim.--The term `victim' means a person harmed as a 
        result of a commission of a crime under this title, including, 
        in the case of a victim who is under 18 years of age, 
        incompetent, incapacitated, or deceased, the legal guardian of 
        the victim or representative of the victim's estate, another 
        family member, or any other person appointed as suitable by a 
        court, but in no event shall the accused be named as such a 
        representative or guardian.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1561a the following new section:

``1561b. Restitution.''.

SEC. 1105. RECORDS OF MILITARY JUSTICE ACTIONS .

    (a) In General.--Subchapter XI of chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), is amended by 
adding at the end the following new section (article):
``Sec. 940a. Art. 140a. Military justice information: transmission to 
              Director of Federal Bureau of Investigation
    ``Whenever a member of the armed forces is discharged or dismissed 
from the armed forces or is released from active duty, the Secretary 
concerned shall transmit to the Director of the Federal Bureau of 
Investigation a copy of records of any disciplinary action taken 
against the member during that period under this chapter, including any 
nonjudicial punishment imposed under section 815 of this title (article 
15).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter IX of chapter 47 of title 10, United States Code, is amended 
by adding at the end the following new item:

``940. 140a. Military justice information: transmission to Director of 
                            Federal Bureau of Investigation.''.

SEC. 1106. TECHNICAL AMENDMENTS RELATING TO FATALITY REVIEW PANELS.

    (a) Army.--Section 4061 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by inserting ``, through the Office 
        of the Victims' Advocate,'' after ``Secretary of the Army''; 
        and
            (2) in subsection (c), by inserting ``, in consultation 
        with the Office of the Victims' Advocate,'' after ``Secretary 
        of Defense''.
    (b) Navy.--Section 6036 of such title is amended--
            (1) in subsection (a), by inserting ``, through the Office 
        of the Victims' Advocate,'' after ``Secretary of the Navy''; 
        and
            (2) in subsection (c), by inserting ``, in consultation 
        with the Office of the Victims' Advocate,'' after ``Secretary 
        of Defense''.
    (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''.

SEC. 1107. 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.
            (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. 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, 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, 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, 
        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;
            (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.
    (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;
                    (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, 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, 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;
                    (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.
        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.
    (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.
    (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. 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. 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.
            (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.
    (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.
    (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. 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.

TITLE XII--COUNSELING AND TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS 
                                AFFAIRS

SEC. 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, 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.''.

SEC. 1202. 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''.

SEC. 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 ``$15,000,000'' 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, 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 $10,000,000 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.
    ``(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.''.

SEC. 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''; 
                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''.
    (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.''.

     TITLE XIII--ENHANCEMENT OF TREATMENT SERVICES FOR PERPETRATORS

SEC. 1301. 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.
            (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. 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. 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.
                    (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, 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;
            (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, 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.
    (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;
                    (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;
                    (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, 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.
    (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.
            (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.
                    (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.
            (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.
    (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.
    (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;
            (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, 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. 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.

 TITLE XIV--PREVENTION AND INTERVENTION TRAINING IN THE DEPARTMENT OF 
                                DEFENSE

SEC. 1401. 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.
            (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, 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; 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;
                    (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, 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, 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.
    (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.
    (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.
    (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.
    (k) 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 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.
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.

   TITLE XV--RESEARCH ON PREVALENCE, NEEDS ASSESSMENT, SERVICES, AND 
                             ACCOUNTABILITY

SEC. 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. 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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
            (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.
    (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.

SEC. 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.
    (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; 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;
            (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.
    (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.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2005.

SEC. 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. 
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.
    (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.
    (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.
            (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.
    (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. 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.
    (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.
            (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.
    (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.

SEC. 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.
    (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;
            (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;
            (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, 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.
    (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.

SEC. 1505. 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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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. 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.
            (5) A review of the availability, accessibility, and 
        effectiveness at increasing victim safety within the existing 
        prevention and intervention programs available to victim/active 
        duty member or victim/civilian.
            (6) Recommendations for a comprehensive Department of 
        Defense strategy to prevent and intervene in cases of intimate 
        partner violence, to include recommendations on improvements in 
        administrative, criminal, health care, and social service 
        responses to intimate partner violence and recommendations for 
        the improvement of data collection, reporting, professional 
        training, and judicial outcomes to intimate partner violence.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $300,000 to conduct the research study commencing in 
fiscal year 2005.

SEC. 1506. RESEARCH ON SEXUAL VIOLENCE PERPETRATED UPON CIVILIANS.

    (a) Study Required.--The Bureau of Justice Statistics of the 
Department of Justice (referred to in this section as the ``Bureau'') 
shall carry out a comprehensive, 24-month research study that involves 
the collection and analysis of data on the prevalence and nature of 
sexual assault in the Armed Forces. The research study shall include 
the identification of the common characteristics of--
            (1) both civilian victims and perpetrators of sexual 
        assault; and
            (2) the situations and environments in which sexual assault 
        occurs.
    (b) Considerations.--In carrying out subsection (a), the Bureau 
shall consider--
            (1) a definition of sexual assault which encompasses 
        behavioral based patterns for the purposes of the research 
        study;
            (2) how the Bureau should collect information about sexual 
        assault;
            (3) how the Bureau should collect information beyond self-
        reports of sexual assault;
            (4) how the Bureau 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.
    (c) Solicitation of Views.--In carrying out subsection (a), the 
Bureau shall solicit views from representatives of the following:
            (1) Th National Institute of Justice.
            (2) The Office of Violence Against Women.
            (3) The Centers for Disease Control and Prevention and the 
        Women's Health Office, Department of Health and Human Services.
            (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.
    (d) Sampling Techniques.--The research study under subsection (a) 
shall be conducted with random samples, or other scientifically 
appropriate samples, of men and women. The selection shall include 
enough men and women so the data that are collected are representative 
of men and women and comparisons can be made across several broad 
subgroup categories, such as age, race, status and rank.
    (e) Surveys.--In carrying out the research study under subsection 
(a), the Bureau shall, in addition to such other methods as the Bureau 
considers appropriate, use surveys of the general population. In 
addition to the samples of civilians associated with 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 
nonmilitary 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 Bureau shall ensure the 
confidentiality of each survey participant. The Bureau shall adopt 
protocols for the protection of human subjects.
    (g) Participation in Survey.--All military installations that 
receive a request from the Bureau shall participate in the survey and 
provide access to any military personnel or civilians serving on the 
installation.
    (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 involving civilian 
        victims and how they vary across the services.
            (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 civilian 
        victims of sexual assault perpetrated by members of the Armed 
        Forces.
            (5) Recommendations for a comprehensive 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.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 to conduct the research study commencing in 
fiscal year 2005 and ending fiscal year 2006.

SEC. 1507. RESEARCH ON CHILD MALTREATMENT, ABUSE, AND HOMICIDE IN THE 
              ARMED FORCES.

    (a) Study Required.--The Secretary of Health and Human Services, 
acting through the Administration for Families and Children 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 child maltreatment, 
abuse, and homicide in the Armed Forces. The research study shall 
include the identification of the common characteristics of--
            (1) both victims and perpetrators of child maltreatment, 
        abuse, or homicide associated with the Armed Forces; and
            (2) the situations and environments in which child 
        maltreatment, abuse, or homicide occurs.
    (b) Considerations.--In carrying out subsection (a), the Secretary 
shall consider--
            (1) a definition of child maltreatment, abuse and homicide 
        which encompasses the definition provided in section 3(1) of 
        the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102);
            (2) how the Secretary should collect information about 
        child maltreatment, abuse, and homicide;
            (3) how the Secretary should collect information beyond 
        self-reports of child maltreatment, abuse, and homicide;
            (4) a review of the data collected by the States;
            (5) 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
            (6) the categorization of branches, installations, and 
        units.
    (c) Solicitation of Views.--In carrying out subsection (a), the 
Secretary shall solicit views from representatives of the following:
            (1) The Department of Defense.
            (2) The National Institute of Justice.
            (3) The Centers for Disease Control and Prevention.
            (4) The Army, the Navy, the Air Force, the Marine Corps, 
        and the Coast Guard.
            (5) Retired military personnel.
            (6) Victim advocates.
            (7) Child maltreatment and prevention specialists.
            (8) Researchers.
            (9) Other experts in the area of child abuse and homicide.
    (d) Sampling Techniques.--The research study under subsection (a) 
shall be conducted with random samples, or other scientifically 
appropriate samples. The selection shall include data collected across 
several broad subgroup categories, such as age, race, status, and rank 
in the Armed Forces.
    (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 the general population. 
In addition to the samples of civilians associated with 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 
nonmilitary 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 Secretary shall adopt 
protocols for the protection of human subjects.
    (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 or civilians serving on 
the installation.
    (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 child maltreatment, abuse and homicide within the Armed 
Forces, prevention strategies, and needs of the victims of child 
maltreatment, abuse, and homicide. The report shall include the 
following:
            (1) The incidence and prevalence of child maltreatment, 
        abuse, and homicide involving members of the Armed Forces.
            (2) A discussion of the legal, judicial, nonjudicial, and 
        rehabilitative responses to child maltreatment, abuse, and 
        homicide and how they vary across the services.
            (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 victims of 
        child maltreatment, abuse, and homicide within the Armed 
        Forces.
            (5) Recommendations for a comprehensive strategy to prevent 
        and intervene in cases of child maltreatment, abuse, and 
        homicide, to include recommendations on improvements in 
        administrative, criminal, health care, and social service 
        responses to child maltreatment, abuse, and homicide and 
        recommendations for the improvement of data collection, 
        reporting, professional training, and judicial outcomes to 
        child maltreatment, abuse, and homicide.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated $2,000,000 to conduct the research study under this 
section beginning in fiscal year 2005 and ending in fiscal year 2007.

       TITLE XVI--SUMMIT ON SEXUAL ASSAULT AND DOMESTIC VIOLENCE

SEC. 1601. PURPOSES.

    It is the purpose of this title to--
            (1) recognize that military leadership, servicemembers, 
        family members and partners possess an important opportunity to 
        demonstrate the core values of the military institutions, 
        including honor, duty, courage, self-respect and respect for 
        others, tolerance, nondiscrimination, gender equality, and non-
        violence;
            (2) convene an Armed Forces summit of leadership, command, 
        servicemembers, service providers, advocates, survivors, 
        political community, criminal justice professionals, 
        counselors, and educators to develop a strategic plan to deter 
        acts of domestic violence, sexual assault and stalking 
        committed by or against servicemembers, family members and 
        partners in the Armed Forces;
            (3) find ways that the military community can contribute to 
        a campaign to prevent domestic violence, sexual assault, and 
        stalking; and
            (4) create a military-civilian partnership to accomplish 
        the goals of this title.

SEC. 1602. ESTABLISHMENT.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense, acting through the Director of the 
Office of the Victims' Advocate of the Department of Defense, shall 
convene a summit dealing with issues of domestic violence, sexual 
assault, and stalking associated with the Armed Forces.

SEC. 1603. ELIGIBLE PARTICIPANTS.

    The Secretary shall provide for participants in the summit under 
this title to include the following:
            (1) Representatives from a broad cross-section of military 
        authorities, including leadership, commands, services, 
        departments, and programs.
            (2) Representatives of Federal, State, national, and local 
        governments, including the Department of Justice, the Violence 
        Against Women Office, the National Institute of Justice, the 
        Department of Health and Human Services, the Administration on 
        Children, Youth and Families, and Indian tribes or tribal 
        organizations.
            (3) Members of Congress.
            (4) Representatives of national, State, and local law 
        enforcement organizations.
            (5) Criminal justice professionals, including prosecutors, 
        investigators, attorneys, and advocates.
            (6) Representatives of national and State coalitions 
        dedicated to policy and social change to address domestic 
        violence, sexual assault, and stalking.
            (7) Representatives of nonprofit, private or 
        nongovernmental service providers.
            (8) Public and private organizations working in the field 
        of domestic violence, sexual assault, and stalking.
            (9) Individuals with demonstrated expertise and experience 
        in addressing the intersection between domestic violence, 
        sexual assault, and stalking.
            (10) Individuals with demonstrated expertise and experience 
        in addressing the issues confronting the Armed Forces relative 
        to domestic violence, sexual assault, and stalking.
            (11) Survivors of domestic violence, sexual assault, or 
        stalking, including members of the Armed Forces on active duty, 
        family members of such members, veterans, and family members of 
        veterans.
            (12) Representatives of academic, research, and education 
        facilities with demonstrated expertise and experience in 
        domestic violence, sexual assault, and stalking.
            (13) Representatives of the Department of Veterans Affairs 
        including counselors, social workers, psychologists and 
        therapists assigned to the Sexual Trauma Counseling Centers or 
        Women's Wellness Programs.
            (14) Advocates, counselors, and therapists engaged in 
        providing services to victims associated with the Armed Forces.

SEC. 1604. SUMMIT ACTIVITIES.

    The summit activities shall include a discussion of, and compiling 
of recommendations and strategy for, a strategic plan that seeks to--
            (1) involve more leadership, command, and servicemembers in 
        prevention and other activities designed to end domestic 
        violence, sexual assault, and stalking;
            (2) encourage the military departments to implement 
        adequate policies for intervening in incidents of domestic 
        violence, sexual assault, and stalking;
            (3) encourage the military departments to develop policies, 
        directives, and statutes to hold perpetrators accountable; and
            (4) encourage the military departments to enhance the care 
        and support of victims, including confidentiality of 
        communications and privacy.

SEC. 1605. AUTHORIZATION OF APPROPRIATIONS.

    For the purposes of carrying out this title, there are authorized 
to be appropriated $200,000. The Secretary of Defense is encouraged to 
seek financial support from the Department of Justice and the 
Department of Health and Human Services to assist in carrying out the 
goals of this title.

     TITLE XVII--CONFERENCE ON SEXUAL ASSAULT AND DOMESTIC VIOLENCE

SEC. 1701. ESTABLISHMENT.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense, acting through the Director of the 
Office of the Victims' Advocate of the Department of Defense, shall 
convene a national conference to present the results and 
recommendations of the following:
            (1) The Department of Defense Task Force on the Care of 
        Sexual Assault Victims.
            (2) The Department of Defense Task Force on Domestic 
        Violence.
            (3) The Department of Defense Task Force of Sexual 
        Harassment and Misconduct at the Military Academies.

SEC. 1702. CONFERENCE PARTICIPANTS.

    The Secretary shall provide for participants in the conference 
under this title to include the following:
            (1) Representatives from a broad cross-section of military 
        authorities including leadership, commands, services, 
        departments and programs.
            (2) Representatives of Federal, State, national and local 
        governments including the Department of Justice, the Violence 
        Against Women Office, the National Institute of Justice, the 
        Department of Health and Human Services, the Administration on 
        Children, Youth and Families, and Indian tribes or tribal 
        organizations.
            (3) Representatives of national, State, and local law 
        enforcement.
            (4) Criminal justice professionals, including prosecutors, 
        investigators, attorneys, and advocates.
            (5) Representatives of national and State coalitions 
        dedicated to policy and social change to address domestic 
        violence, sexual assault, and stalking.
            (6) Representatives of nonprofit, private, or 
        nongovernmental service providers.
            (7) Public and private organizations working in the field 
        of domestic violence, sexual assault, and stalking.
            (8) Individuals with demonstrated expertise and experience 
        in addressing the intersection between domestic violence, 
        sexual assault, and stalking.
            (9) Individuals with demonstrated expertise and experience 
        in addressing the issues confronting the Armed Forces relative 
        to domestic violence, sexual assault, and stalking.
            (10) Survivors of domestic violence, sexual assault, and 
        stalking, including members of the Armed Forces on active duty, 
        family members of such members, veterans, and family members of 
        veterans.
            (11) Representatives of academic, research, and education 
        facilities with demonstrated expertise and experience in 
        domestic violence, sexual assault, and stalking.
            (12) Representatives of the Department of Veterans Affairs, 
        including counselors, social workers, psychologists, and 
        therapists assigned to the Sexual Trauma Counseling Centers or 
        Women's Wellness Programs.
            (13) Advocates, counselors, and therapists engaged in 
        providing services to victims associated with the Armed Forces.

SEC. 1703. CONFERENCE ACTIVITIES.

    The conference shall--
            (1) provide leadership, command, family advocacy, military 
        criminal investigators, law enforcement, and security forces 
        with the tools they need to begin implementing programs that 
        directly address domestic violence, sexual assault, and 
        stalking;
            (2) implement statutory and regulatory directives; and
            (3) foster a zero tolerance policy within the military 
        departments.

SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.

    For the purposes of carrying out this title, there is authorized to 
be appropriated $700,000 to the Department of Defense. The Secretary of 
Defense is encouraged to seek financial support from the Department of 
Justice and the Department of Health and Human Services to assist in 
carrying out the goals of this title.
                                 <all>