[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5347 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5347

To prevent and end the occurrence of sexual assaults involving members 
                          of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2010

  Ms. Slaughter (for herself and Ms. Harman) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To prevent and end the occurrence of sexual assaults involving members 
                          of the Armed Forces.

    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 ``Force Protection 
and Readiness Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sexual Assault Victim Advocate, victim service organization, 
                            and health care professional privileges in 
                            cases arising under Uniform Code of 
                            Military Justice.
Sec. 3. Expedited consideration and priority for application for 
                            consideration of a permanent change of 
                            station or unit transfer based on 
                            humanitarian conditions for victim of 
                            sexual assault.
Sec. 4. Codification of required information database on sexual assault 
                            incidents involving members of the Armed 
                            Forces.
Sec. 5. Establishment of hotline to improve reporting of sexual 
                            assaults involving members of the Armed 
                            Forces.
Sec. 6. Assignment and training of Sexual Assault Victim Advocates.
Sec. 7. Provision of court-martial record to victim of sexual assault 
                            involving a member of the Armed Forces.
Sec. 8. Legal training for judge advocates to improve investigation and 
                            prosecution of sexual assault offenses.

SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERVICE ORGANIZATION, 
              AND HEALTH CARE PROFESSIONAL PRIVILEGES IN CASES ARISING 
              UNDER UNIFORM CODE OF MILITARY JUSTICE.

    (a) Privileges Established.--
            (1) 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:
``Sec. 940a. Art. 140a. Privilege for communication with Sexual Assault 
              Victim Advocate, victim service organization, or health 
              care professional
    ``(a) Definitions.--In this section:
            ``(1) The term `client' means a person who consults with or 
        is examined or interviewed by a Sexual Assault Victim Advocate 
        of the Department of Defense, a victim service organization or 
        any representative of the organization, or a health care 
        professional or any representative of the professional.
            ``(2) The term `victim service organization' means an 
        organization (whether public or private) that provides advice, 
        counseling, or assistance to victims of domestic violence, 
        family violence, dating violence, stalking, or sexual assault, 
        or to the families of such victims.
            ``(3) The term `representative', with respect to an 
        organization or professional, means a person directed by or 
        assigned to assist that organization or professional, 
        respectively, in providing advice, counseling, treatment, or 
        assistance.
            ``(4) The term `confidential communication' means a 
        communication not intended to be disclosed to third persons 
        other than--
                    ``(A) those persons to whom disclosure is in 
                furtherance of providing advice, counseling, treatment, 
                or assistance to the client; and
                    ``(B) those persons reasonably necessary for 
                facilitating disclosure under subparagraph (A).
    ``(b) General Rule of Privilege.--(1) A client has a privilege to 
refuse to disclose, and to prevent any other person from disclosing, in 
a case arising under this chapter, a confidential communication made 
between the client and a person or entity specified in paragraph (2) if 
such communication was made for the purpose of securing advice, 
counseling, treatment, or assistance concerning the client's mental, 
physical, or emotional condition caused by a sexual assault or other 
offense covered by section 920 of this title (article 120).
    ``(2) The privilege afforded by paragraph (1) applies to 
confidential communications with--
            ``(A) any operator or recording device of the Department of 
        Defense sexual assault reporting hotline;
            ``(B) a Sexual Assault Victim Advocate;
            ``(C) a victim service organization or any representative 
        of the organization; and
            ``(D) a health care professional or any representative of 
        the professional.
    ``(3) A person referred to in paragraph (2) shall notify clients as 
soon as practicable of the existence of the privilege afforded by 
paragraph (1).
    ``(c) Emergency Shelter Protection.--A client or representative of 
a client may not be compelled to provide testimony in a case arising 
under this chapter (or other disciplinary or administrative proceeding 
of an armed force) 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) Who May Claim the Privilege.--The privilege under subsection 
(b) or (c) may be claimed by the client or the guardian or conservator 
of the client. A person who may claim the privilege may authorize trial 
counsel or defense counsel to claim the privilege on his or her behalf. 
The Sexual Assault Victim Advocate, victim service organization, health 
care professional, or representative who received the communication may 
claim the privilege on behalf of the client. The authority of the 
Sexual Assault Victim Advocate, organization, professional, 
representative, guardian, or conservator to assert the privilege is 
presumed in the absence of evidence to the contrary.
    ``(e) Exceptions.--There is no privilege under this section--
            ``(1) when the client is dead, except for the privilege 
        under subsection (c);
            ``(2) to the extent the communication reports child abuse;
            ``(3) when a Sexual Assault Victim Advocate, victim service 
        organization, health care professional, or representative 
        believes that a mental or emotional condition of the client 
        makes the client a danger to any person, including the client; 
        or
            ``(4) if the communication clearly contemplated the future 
        commission of a fraud or crime or if the services of the Sexual 
        Assault Victim Advocate, victim service organization, or health 
        care professional are sought or obtained to enable or aid 
        anyone to commit or plan to commit what the client knew or 
        reasonably should have known to be a crime or fraud.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``940a. 140a. Privilege for communication with Sexual Assault Victim 
                            Advocate, victim service organization, or 
                            health care professional.''.
    (b) Applicability.--Section 940a of title 10, United States Code 
(article 140a of the Uniform Code of Military Justice), as added by 
subsection (a), applies to communications made after the date of the 
enactment of this Act.

SEC. 3. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR 
              CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT 
              TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF 
              SEXUAL ASSAULT.

    (a) In General.--Chapter 39 of title 10, United States Code, is 
amended by inserting after section 672 the following new section:
``Sec. 673. Consideration of application for permanent change of 
              station or unit transfer for members on active duty who 
              are the victim of a sexual assault
    ``(a) Expedited Consideration and Priority for Approval.--To the 
maximum extent practical, the Secretary concerned shall provide for the 
expedited consideration and approval of an application for 
consideration of a permanent change of station or unit transfer 
submitted by a member of the armed forces serving on active duty who 
was a victim of a sexual assault or other offense covered by section 
920 of this title (article 120) so as to reduce the possibility of 
retaliation against the member for reporting the sexual assault.
    ``(b) Regulations.--The Secretaries of the military departments 
shall issue regulations to carry out this section, within guidelines 
provided by the Secretary of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
672 the following new item:

``673. Consideration of application for permanent change of station or 
                            unit transfer for members on active duty 
                            who are the victim of a sexual assault.''.

SEC. 4. CODIFICATION OF REQUIRED INFORMATION DATABASE ON SEXUAL ASSAULT 
              INCIDENTS INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Database Required.--Chapter 80 of title 10, United States Code, 
is amended by inserting after section 1562 the following new section:
``Sec. 1562a. Database on sexual assault incidents
    ``(a) Database Required.--The Secretary of Defense shall maintain a 
centralized, case-level database for the collection, in a manner 
consistent with Department of Defense regulations for restricted 
reporting, and maintenance of information regarding sexual assaults 
involving a member of the armed forces, including information, if 
available, about the nature of the assault, the victim, the offender, 
and the outcome of any legal proceedings in connection with the 
assault.
    ``(b) Availability of Database.--The database required by 
subsection (a) shall be available to personnel of the Sexual Assault 
Prevention and Response Office of the Department of Defense.
    ``(c) Reports.--The database required by subsection (a) shall be 
used to develop and implement congressional reports, as required by the 
following
            ``(1) Sections 4361, 6980, and 9361 of this title.
            ``(2) Section 577(f) of the Ronald W. Reagan National 
        Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 10 U.S.C. 113 note).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1562 the following new item:

``1562a. Database on sexual assault incidents.''.
    (c) Repeal of Superseded Requirement.--Section 563 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4470) is repealed.
    (d) Completion.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall complete 
implementation of the database required by subsection (a).

SEC. 5. ESTABLISHMENT OF HOTLINE TO IMPROVE REPORTING OF SEXUAL 
              ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall establish a universal hotline to 
facilitate the reporting of a sexual assault--
            (1) by a member of the Armed Forces, whether serving in the 
        United States or overseas, who is a victim of a sexual assault; 
        or
            (2) by any other person who is a victim of a sexual assault 
        involving a member of the Armed Forces.

SEC. 6. ASSIGNMENT AND TRAINING OF 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 Victim Advocates
    ``(a) Assignment of Victim Advocates.--(1) At least one full-time 
Sexual Assault Victim Advocate shall be assigned to each battalion or 
equivalent military 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) The Secretary concerned shall assign members of the armed 
forces under the jurisdiction of the Secretary to serve as a deployable 
Sexual Assault Victim Advocate when Victim Advocates assigned to a unit 
under paragraph (1) are not deployed with the unit.
    ``(b) Training and Certification.--(1) The Secretary of Defense 
shall establish a training and certification program for Sexual Assault 
Victim Advocates. In developing the program, the Secretary of Defense 
shall work with the National Victim Assistance Academy.
    ``(2) A member or civilian employee assigned to duty as a Victim 
Advocate may obtain certification under the training program.''.
    (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 Victim Advocates.''.

SEC. 7. PROVISION OF COURT-MARTIAL RECORD TO VICTIM OF SEXUAL ASSAULT 
              INVOLVING A MEMBER OF THE ARMED FORCES.

    A copy of the prepared record of the proceedings of a court-martial 
involving a sexual assault or other sexual offense shall be given to 
the victim of the offence if the victim testified during the 
proceedings. The record of the proceedings shall be provided without 
charge and as soon as the record is authenticated. The victim shall be 
notified of the opportunity to receive the record of the proceedings.

SEC. 8. LEGAL TRAINING FOR JUDGE ADVOCATES TO IMPROVE INVESTIGATION AND 
              PROSECUTION OF SEXUAL ASSAULT OFFENSES.

    Section 806 of title 10, United States Code (article 6 of the 
Uniform Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(e) The Secretary of Defense shall provide for the inclusion of a 
training module for judge advocates who serve as trial counsel to 
improve their ability to investigate and prosecute cases involving a 
sexual assault or other offense covered by section 920 of this title 
(article 120).''.
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