[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5197 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5197

   To implement recommendations of the Defense Task Force on Sexual 
                   Assault in the Military Services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2010

 Ms. Tsongas (for herself, Mr. Turner, Ms. Shea-Porter, Mrs. McMorris 
Rodgers, Ms. Giffords, Ms. DeLauro, Ms. Harman, Mr. Walz, Mr. McGovern, 
 Mrs. Capps, and Mr. Cleaver) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To implement recommendations of the Defense Task Force on Sexual 
                   Assault in the Military Services.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Sexual Trauma Response 
Oversight and Good Governance Act'' (the ``Defense STRONG Act'').

SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

    (a) Appointment of Director; Duties.--Chapter 3 of title 10, United 
States Code, is amended by inserting after section 136a the following 
new section:
``Sec. 136b. Director of Sexual Assault Prevention and Response Office
    ``(a) Appointment.--There is a Director of the Sexual Assault 
Prevention and Response Office who shall be a general or flag officer 
or an employee of the Department of Defense in a comparable Senior 
Executive Service position.
    ``(b) Duties.--The Director of the Sexual Assault Prevention and 
Response Office serves as the Department's single point of authority, 
accountability, and oversight for Department policy regarding 
prevention and response to sexual assault and provides oversight to 
ensure that the sexual assault programs of the military departments 
comply with Department policy.
    ``(c) Standardization.--The Secretary of Defense shall require the 
use of consistent sexual assault prevention and response terminology, 
position descriptions, minimum program standards, and organizational 
structures throughout the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
136a the following new item:

``136b. Director of Sexual Assault Prevention and Response Office.''.

SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM 
              ADVOCATES.

    (a) Assignment and Training.--Chapter 80 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault 
              Response Coordinators and Victim Advocates
    ``(a) Assignment of Coordinators.--(1) At least one full-time 
Sexual Assault Response Coordinator shall be assigned at the brigade or 
equivalent or higher unit level. The Secretary concerned may assign 
additional Sexual Assault Response Coordinators as necessary based on 
the demographics or needs of the unit. Any additional Sexual Assault 
Response Coordinator for a unit shall also serve on a full-time basis.
    ``(2) To ensure access to members of the Armed Forces in response 
to a report of a sexual assault involving a member, only members of the 
Armed Forces and civilian employees of the Department of Defense may be 
assigned to duty as a Sexual Assault Response Coordinator. Contractor 
employees may not serve as a Sexual Assault Response Coordinator, 
except on a temporary, emergency basis.
    ``(b) Assignment of Victim Advocates.--(1) At least one full-time 
Sexual Assault Victim Advocate shall be assigned to each battalion or 
equivalent unit. The Secretary concerned may assign additional Victim 
Advocates as necessary based on the demographics or needs of the unit. 
The additional Victim Advocates may serve on a full-time or part-time 
basis at the discretion of the Secretary.
    ``(2) Only members of the armed forces and civilian employees of 
the Department of Defense may be assigned to duty as a Victim Advocate. 
Contractor employees may not serve as a Victim Advocate, except on a 
temporary, emergency basis.
    ``(c) Training and Certification.--(1) The Secretary of Defense 
shall establish a professional and uniform training and certification 
program for Sexual Assault Response Coordinators and Victim Advocates. 
In developing the program, the Secretary of Defense shall work with the 
National Organization for Victim Advocates. The program shall be 
structured and administered in a manner similar to the professional 
training available for Equal Opportunity Advisors through the Defense 
Equal Opportunity Management Institute.
    ``(2) Effective beginning one year after the date of the enactment 
of this section, before a member or civilian employee may be assigned 
to duty as a Sexual Assault Response Coordinator, the member or 
employee must have completed the training program required by paragraph 
(1) and obtained the certification.
    ``(3) A member or civilian employee assigned to duty as a Victim 
Advocate may obtain certification under the training program required 
by paragraph (1). At a minimum, the Sexual Assault Response Coordinator 
to whom a Victim Advocate reports shall train the Victim Advocate using 
the same training materials used to train the Sexual Assault Response 
Coordinator under the program.
    ``(d) Performance Evaluations.--Performance evaluation reports 
pertaining to a member of the Armed Forces assigned to serve as a 
Sexual Assault Response Coordinator or Victim Advocate shall comment on 
the performance of the member in the position.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1568. Sexual assault prevention and response: Sexual Assault Response 
                            Coordinators and Victim Advocates.''.

SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM 
              ADVOCATE SERVICES.

    (a) Access.--Chapter 53 of title 10, United States Code, is amended 
by inserting after section 1044d the following new section:
``Sec. 1044e. Access to legal assistance and Victim Advocate services 
              for victims of sexual assault
    ``(a) Access.--A member of the Armed Forces or a dependent of a 
member of the Armed Forces who is the victim of a sexual assault is 
entitled to legal assistance provided by a military legal assistance 
counsel and Victim Advocate services, regardless of whether the member 
or dependent elects unrestricted or restricted (confidential) reporting 
of the sexual assault.
    ``(b) Restricted Reporting Option.--(1) A member or dependent 
referred to in subsection (a) may confidentially disclose the details 
of the assault to an individual specified in paragraph (2) and receive 
medical treatment, legal assistance, or counseling, without triggering 
an official investigation of the allegations.
    ``(2) Individuals covered by paragraph (1) are the following:
            ``(A) Military legal assistance counsel.
            ``(B) Sexual Assault Response Coordinator.
            ``(C) Victim Advocate.
            ``(D) Healthcare personnel.
            ``(E) Chaplain.
    ``(c) Privileged Communications.--(1) Communications between a 
member or dependent referred to in subsection (a) and a Victim 
Advocate, and records of such communications created by or for the 
Department of Defense, are confidential and privileged. Such 
communications and records may not be disclosed to any person or entity 
without the consent of the member or dependent involved.
    ``(2) No part of any communication or record referred to in 
paragraph (1) may be subject to discovery or admitted into evidence in 
any judicial or administrative proceeding without the consent of the 
member or dependent involved.
    ``(d) Definitions.--In this section:
            ``(1) The term `sexual assault' means any of the offenses 
        covered by section 920 of this title (article 120).
            ``(2) The term `military legal assistance counsel' means--
                    ``(A) a judge advocate (as defined in section 
                801(13) of this title); or
                    ``(B) a civilian attorney serving as a legal 
                assistance officer under the provisions of section 1044 
                of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1044d the following new item:

``1044e. Access to legal assistance and Victim Advocate services for 
                            victims of sexual assault.''.
    (c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections 
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through 
1044e''.

SEC. 5. INCLUSION OF SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING 
              MODULE AT EACH LEVEL OF PROFESSIONAL MILITARY EDUCATION.

    The Secretary of Defense shall provide for the inclusion of a 
sexual assault prevention and response training module at each level of 
professional military education. The training shall be tailored to the 
new responsibilities and leadership requirements of members of the 
Armed Forces as they are promoted.
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