109 HR 5735 IH: To require the implementation of the Defense U.S. House of Representatives 2006-06-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5735 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.

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.

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.