[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5735 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5735

 To require the implementation of the Defense Incident-Based Reporting 
                                System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2006

Mrs. Maloney (for herself and Mr. Van Hollen) introduced the following 
  bill; which was referred to the Committee on Armed Services, and in 
    addition to the Committee on the Judiciary, 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 require the implementation of the Defense Incident-Based Reporting 
                                System.

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

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Subsection (c)(2) of the Uniform Federal Crime 
        Reporting Act of 1988 (28 U.S.C. 534 note) provides that ``all 
        departments and agencies within the Federal government 
        (including the Department of Defense) . . . shall report 
        details about crime within their respective jurisdiction to the 
        Attorney General . . .''.
            (2) The Department of Defense is required to collect crime 
        data under the Victims' Rights and Restitution Act of 1990 
        (Public Law 101-647, 104 Stat 4820) and the Brady Handgun 
        Violence Prevention Act (Public Law 103-159, 107 Stat. 1536).
            (3) Department of Defense Directive 7730.47, dated October 
        15, 1996, establishes the guidelines for the Defense Incident-
        Based Reporting System (hereinafter in this section referred to 
        as ``DIBRS'').
            (4) Department of Defense Manual 7730.47-M, dated July 25, 
        2003, establishes the procedures for DIBRS data submission.
            (5) When fully implemented, DIBRS will report to the 
        National Incident-Based Reporting System, which collects data 
        on certain reported crime incidents and is maintained by the 
        Department of Justice.
            (6) The Department of Defense indicated that the target 
        deadline for full implementation of DIBRS was June 2005; 
        however, DIBRS is now expected to be fully implemented by June 
        2007.

SEC. 2. DEFENSE INCIDENT-BASED REPORTING SYSTEM IMPLEMENTATION.

    (a) Including Certain Crimes and Incidents.--In implementing the 
DIBRS system, the Secretary of Defense (hereinafter in this section 
referred to as the ``Secretary'') shall require submission and 
compilation of information on any occurrence of rape, assault with the 
intent to rape, domestic violence, sexual harassment, kidnapping, 
murder, or arson involving a member of the Armed Forces. Nothing in 
this section shall limit the type of information required to be 
collected or reported under any other provision of law.
    (b) Implementation and Certification.--
            (1) Implementation.--The Secretary shall fully implement 
        the DIBRS system before January 1, 2007.
            (2) Certification.--The Secretary shall certify in writing 
        when the DIBRS system is fully implemented. The Attorney 
        General shall certify in writing when the DIBRS system starts 
        reporting to the National Incident-Based Reporting System. The 
        Secretary and the Attorney General shall each submit a 
        certification under this paragraph to--
                    (A) the Speaker of the House of Representatives;
                    (B) the minority leader of the House of 
                Representatives;
                    (C) the majority leader of the Senate;
                    (D) the minority leader of the Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives; and
                    (F) the Committee on Armed Services of the Senate.
            (3) Failure to certify.--The annual rate of basic pay for 
        the Secretary for fiscal year 2007 shall be reduced by $1,000, 
        but not below zero, for each day after December 31, 2006, that 
        the Secretary or the Attorney General has not submitted the 
        certification specified in paragraph (2).
            (4) DIBRS.--In this section, the term ``DIBRS system'' 
        means the system used by the Department of Defense to comply 
        with subsection (a), the Uniform Federal Crime Reporting Act of 
        1988, the Victims' Rights and Restitution Act of 1990, and the 
        Brady Handgun Violence Prevention Act of 1994.
                                 <all>