[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 840 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 840

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

                            February 3, 2009

 Ms. Slaughter (for herself, Mr. Brady of Pennsylvania, Mr. Braley of 
Iowa, Mrs. Capps, Mr. Costa, Mr. Cummings, Ms. Edwards of Maryland, Ms. 
DeLauro, Mr. Farr, Mr. Grijalva, Mr. Holt, Ms. Lee of California, Mrs. 
  Maloney, Ms. Matsui, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. 
  Michaud, Ms. Loretta Sanchez of California, Ms. Schakowsky, and Mr. 
    Stark) 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 ``Military Domestic 
and Sexual Violence Response Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--VICTIMS' ADVOCATE PROGRAMS IN THE DEPARTMENT OF DEFENSE

                        Subtitle A--Definitions

Sec. 101. Definitions relating to sexual assault, domestic violence, 
                            etc., in the military.
   Subtitle B--Office of Victims' Advocate and Department of Defense 
                       Interdisciplinary Council

Sec. 111. Office of the Victims' Advocate.
Sec. 112. Department of Defense Interdisciplinary Council.
Subtitle C--National and International Hotlines Awareness, Prevention, 
                       and Intervention Campaign

Sec. 121. Awareness, prevention, and intervention campaign.
            Subtitle D--Prevention and Intervention Training

Sec. 131. Prevention and intervention training contracts.
Subtitle E--Biennial Conference on Sexual Assault and Domestic Violence

Sec. 141. Sexual Assault and Domestic Violence Conference.
   Subtitle F--Memorandums of Understanding With Civil Organizations

Sec. 151. Agreements with civilian organizations.
   TITLE II--RIGHTS, RESTITUTION, TREATMENT, AND SERVICES FOR VICTIMS

Subtitle A--Protection of Persons Reporting Sexual Assault or Domestic 
                                Violence

Sec. 201. Protection of communications between victims and advocates.
Sec. 202. Victim service organization privilege and health care 
                            professional privilege in cases arising 
                            under Uniform Code of Military Justice.
   Subtitle B--Medical Care and Treatment for Victims of Sexual and 
                           Domestic Violence

Sec. 211. Enhanced Department of Defense treatment capacity.
Sec. 212. Community level program.
Sec. 213. Transition to veterans health care for victims or 
                            perpetrators of domestic violence, sexual 
                            assault, family violence, or stalking.
             Subtitle C--Military-Civilian Shelter Programs

Sec. 221. Enhanced capacity of the Department of Defense for shelter 
                            programs and services.
              Subtitle D--Victim's Rights and Restitution

Sec. 231. Military law enforcement and victims' rights.
Sec. 232. Availability of incident reports.
Sec. 233. Victim advocates and victims' rights.
Sec. 234. Restitution.
Sec. 235. Records of military justice actions.
Sec. 236. Travel and transportation of household effects or motor 
                            vehicle in response to dependent abuse.
Sec. 237. Technical amendments relating to fatality review panels.
    TITLE III--REPORTING, PROSECUTION, AND TREATMENT OF PERPETRATORS

    Subtitle A--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. Investigation of sexual and domestic violence cases involving 
                            Department of Defense personnel.
   Subtitle B--Crimes Related to Sexual Assault and Domestic Violence

                    Chapter 1--Federal Criminal Code

Sec. 311. Assimilative crimes.
Sec. 312. Jurisdiction for sexual assault and domestic violence 
                            offenses committed outside the United 
                            States.
              Chapter 2--Uniform Code of Military Justice

Sec. 316. Domestic violence and family violence.
Sec. 317. Protective orders.
            Subtitle C--Treatment Services for Perpetrators

Sec. 321. Enhanced capacity of the Department of Defense for treatment 
                            services for perpetrators.
Sec. 322. Sex offender treatment program.
 TITLE IV--COUNSELING AND TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS 
                                AFFAIRS

Sec. 401. Research on best practices to overcome stigma related to 
                            military sexual trauma.
Sec. 402. Training for Department of Veterans Affairs primary care 
                            providers.
Sec. 403. Pilot program on ways to identify veterans who are victims of 
                            military sexual trauma.
Sec. 404. Pilot program on treatment of active-duty military personnel 
                            through facilities of the Department of 
                            Veterans Affairs.
                         TITLE V--OTHER MATTERS

                   Subtitle A--Administration Matters

Sec. 501. Performance evaluations and benefits.
Sec. 502. Closure of article 32 investigations in cases of sexual 
                            assault or domestic violence.
       Subtitle B--Enhancement of Servicemembers Civil Relief Act

Sec. 511. Amendments to Servicemembers Civil Relief Act.
  Subtitle C--Research on Prevalence, Needs Assessment, Services, and 
                             Accountability

Sec. 521. Research on sexual assault, domestic violence, and family 
                            violence in the Armed Forces.
Sec. 522. Research on institutional procedures for reporting sexual 
                            assault, domestic violence, and family 
                            violence in the Armed Forces.
Sec. 523. Research on dating violence associated with the Armed Forces.
Sec. 524. Research on child maltreatment, abuse, and homicide in the 
                            Armed Forces.

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

                        Subtitle A--Definitions

SEC. 101. DEFINITIONS RELATING TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, 
              ETC., IN THE MILITARY.

    (a) In General.--Chapter 1 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 102. Definitions relating to sexual assault, domestic violence, 
              etc.
    ``(a) Definitions Relating to Conduct.--The following definitions 
apply in this title:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim.
            ``(2) Domestic violence.--The term `domestic violence' has 
        the meaning given that term in section 40002(a)(6) of the 
        Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(6)).
            ``(3) Family violence.--The term `family violence' has the 
        meaning given that term in section 320(1) of the Family 
        Violence Prevention and Services Act (42 U.S.C. 10421(1)).
            ``(4) Sexual assault.--The term `sexual assault' has the 
        meaning given that term in section 40002(a)(23) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)(23)).
            ``(5) Sexual harassment.--The term `sexual harassment' 
        means any conduct involving sexual harassment that--
                    ``(A) 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 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
                    ``(B) 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.
            ``(6) Sexual violence.--The term `sexual violence' means 
        any of the following:
                    ``(A) Sexual abuse.
                    ``(B) Sexual assault.
                    ``(C) Sexual battery.
                    ``(D) Rape.
            ``(7) Stalking.--The term `stalking' has the meaning given 
        that term in section 40002(a)(24) of the Violence Against Women 
        Act of 1994 (42 U.S.C. 13925(a)(24)).
    ``(b) Definitions Relating to Victims.--The following definitions 
apply in this title:
            ``(1) Victim.--The term `victim' means a person who is a 
        victim of sexual assault, domestic violence, family violence, 
        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.
            ``(2) Representative of the victim.--The term 
        `representative of the victim' means, with respect to a victim 
        who is deceased, the person who is listed first among the 
        following (other than a person who is considered a perpetrator 
        with respect to the victim):
                    ``(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.
            ``(3) 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.
                    ``(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.
    ``(c) Definitions Relating to Programs and Organizations.--The 
following definitions apply in this title:
            ``(1) Victims' advocates program.--The term `victims' 
        advocates program' means a program established within a 
        military department pursuant to section 1814(a) of this title.
            ``(2) 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.
            ``(3) Victim services organization.--The term `victim 
        services 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.
    ``(d) Other.--The following definitions apply in this title:
            ``(1) Personally identifying information.--The term 
        `personally identifying information' has the meaning given that 
        term in section 1816(b) of this title.
            ``(2) Electronic communication.--The term `electronic 
        communication' has the meaning given that term in section 
        2510(12) of title 18.
            ``(3) Transitional housing.--The term `transitional 
        housing' has the meaning given that term in section 424(b) of 
        the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11384(b)), except that the term includes short-term housing.
            ``(4) Complaint.--The term `complaint', with respect to an 
        allegation of family violence, sexual assault, stalking, or 
        domestic violence, includes a report of such allegation.
            ``(5) 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 chapter 47 of this title (the Uniform Code 
        of Military Justice) or to trial thereunder.
    ``(e) Proof of Relationship.--For purposes of applying the 
definitions in subsection (a)(1) (relating to dating violence) and 
subsection (b)(3) (relating to partner), the existence of a 
relationship as described in that subsection shall be determined based 
on a consideration of--
            ``(1) the length of the relationship;
            ``(2) the type of relationship; and
            ``(3) the frequency of interaction between the persons 
        involved in the relationship.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``Sec. 102. Definitions relating to sexual assault, domestic violence, 
                            etc.''.

   Subtitle B--Office of Victims' Advocate and Department of Defense 
                       Interdisciplinary Council

SEC. 111. 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

``Sec. 1811. Office of the Victims' Advocate: establishment; Director.
``Sec. 1812. Office of the Victims' Advocate: responsibilities.
``Sec. 1813. Office of the Victims' Advocate: comprehensive policy on 
                            prevention of and response to domestic 
                            violence, family violence, sexual assault 
                            and stalking involving members of the Armed 
                            Forces and their families and partners.
``Sec. 1814. Victims' advocates programs in the military departments.
``Sec. 1815. Office of the Victims' Advocate: access.
``Sec. 1816. Office of the Victims' Advocate: confidentiality.
``Sec. 1817. Office of the Victims' Advocate: victim protection 
                            actions.
``Sec. 1818. Office of the Victims' Advocate: victims advocates 
                            whistleblower protections.
``Sec. 1819. Office of the Victims' Advocate: annual assessment.
``Sec. 1820. Office of the Victims' Advocate: annual report.
``Sec. 1821. Requirements on use of funds.
``Sec. 1811. Office of the Victims' Advocate: establishment; Director
    ``(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) Director.--(1) The head of the Office is a Director, who 
shall be a person with knowledge of victims' rights, advocacy, social 
services, and Federal, State, and military systems. The Director shall 
oversee the victims' advocate programs and the family advocacy programs 
of the Department of Defense.
    ``(2) The Director shall be a person who is qualified by training 
and expertise to perform the responsibilities of the Director and who 
has a significant level of experience in advocacy for victims of sexual 
assault, domestic violence, family violence, and stalking.
    ``(3) 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.
    ``(4) The Secretary of Defense shall consult with the 
interdisciplinary council established under section 185 of this title 
in the appointment of the Director.
    ``(c) Victims' Advocates.--(1) Victims' advocates shall be assigned 
to, employed by, or contracted for by the Director and shall be 
assigned to the Director.
    ``(2) Victim advocates shall be qualified by training, expertise, 
and certification to perform the responsibilities of the position and 
possessing a significant level of knowledge relative to the armed 
forces and experience in advocacy for victims of sexual assault, 
domestic violence, family violence, and stalking.
    ``(3) The victim advocates report to the Director or to the 
Director's designee within the Office.
``Sec. 1812. Office of the Victims' Advocate: responsibilities
    ``(a) General Functions.--(1) The Office shall facilitate access to 
services for victims of domestic violence, family violence, sexual 
assault, and stalking.
    ``(2) The Office shall provide for victim advocates in the 
Department of Defense for purposes of victims' advocates programs of 
the Department. Victims' advocates may be Department of Defense 
employees or contractor employees. The Director shall ensure that 
victim advocates receive or have received specialized training in the 
counseling and support of victims.
    ``(b) Qualifications of Victim Advocates.--In order to be employed 
as a victim advocate by the Department of Defense or under a contract 
with the Department of Defense, an individual--
            ``(1) must have a degree in counseling or a related field 
        or have one year of counseling experience, at least six months 
        of which must have been in the counseling of sexual assault or 
        domestic violence victims; and
            ``(2) must have had at least 60 hours of training as 
        specified by regulations prescribed by the Director, including 
        training in the following areas:
                    ``(A) History of domestic violence and sexual 
                assault.
                    ``(B) Civil, criminal, and military law as it 
                relates to domestic violence and sexual assault.
                    ``(C) Societal attitudes.
                    ``(D) Peer counseling techniques.
                    ``(E) Housing.
                    ``(F) Public and private assistance available to 
                victims.
                    ``(G) Financial resources for victims.
                    ``(H) Safety and protection resources for victims.
                    ``(I) Victim and transitional compensation.
                    ``(J) Benefits.
                    ``(K) Referral services available to victims.
                    ``(L) Military culture and an understanding of how 
                to operate within a military chain of command.
    ``(c) Health Care Assistance.--Upon request of a victim of domestic 
violence, family violence, sexual assault, or stalking, the Director 
shall assist the victim in obtaining 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 of injuries 
resulting from the domestic violence, family violence, sexual assault, 
or stalking, as otherwise authorized by law, including--
    ``(1) rape evidence kits;
    ``(2) DNA testing;
    ``(3) sexually transmitted diseases screening and treatment, 
including Hepatitis B and Hepatitis C screening and treatment;
    ``(4) HIV screening and treatment;
    ``(5) pregnancy testing;
    ``(6) methods of pregnancy prevention approved by the Food and Drug 
Administration;
    ``(7) reproductive health services; and
    ``(8) other mental and physiological results of the domestic 
violence, sexual assault, or stalking.
    ``(d) General Coordination Functions.--The Director 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.
    ``(e) 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 services and treatment 
        referred to in subsection (e), 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 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 information from an individual (and of any 
        investigation resulting from the submission of such 
        information) indicating that a victim may be in need of, or 
        would benefit from, assistance from a victim advocate.
    ``(f) Education and Training Responsibilities.--(1) The Director 
shall conduct, or provide for the conduct of, training and shall 
provide technical assistance related to domestic violence, family 
violence, sexual assault, and stalking within the military departments. 
Such training shall be mandatory, as prescribed by the Director, except 
to the extent necessary due to military exigencies.
    ``(2) The Director shall 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.
    ``(3) The Director shall conduct education and outreach programs. 
Such programs shall include 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: comprehensive policy on 
              prevention of and response to domestic violence, family 
              violence, sexual assault and stalking involving members 
              of the Armed Forces and their families and partners
    ``(a) Responsibility.--The Secretary of Defense, acting through the 
Director of the Office, shall implement the comprehensive policy 
developed pursuant to subsection (c), subject to such modifications as 
the Secretary considers advisable.
    ``(b) Application of Comprehensive Policy to Military 
Departments.--The Secretary shall ensure that, to the maximum extent 
practicable, the policy implemented pursuant to subsection (a) is 
implemented uniformly by the Secretaries of the military departments.
    ``(c) Policy.--(1) The Director shall recommend to the Secretary of 
Defense a comprehensive policy on prevention of and response to 
domestic violence, family violence, sexual assault and stalking 
involving members of the armed forces and their families and partners. 
The comprehensive policy should be as uniform as practicable throughout 
the Department of Defenses and shall, to the extent feasible, 
incorporate and strengthen policies previously in existence.
    ``(2) To the extent feasible, the comprehensive policy shall set 
forth policies and procedures with respect to each of domestic 
violence, family violence, sexual assault, and stalking in each of the 
following areas:
            ``(A) Prevention measures.
            ``(B) Education and training on prevention and response.
            ``(C) Investigation of complaints by command and law 
        enforcement personnel.
            ``(D) Medical treatment of victims.
            ``(E) Confidential reporting of incidents.
            ``(F) Victim advocacy and response.
            ``(G) Oversight by commanders of administrative and 
        disciplinary actions in response to substantiated incidents.
            ``(H) Disposition of victims, including review by 
        appropriate authority of administrative separation actions 
        involving victims.
            ``(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.
            ``(K) Uniform collection of data on the incidence of 
        complaints of domestic violence, family violence, sexual 
        assault, and stalking and on disciplinary actions taken in 
        those cases, with such data to be disaggregated by service and 
        by major installation.
    ``(3) The comprehensive policy shall include for each of the 
military departments the following:
            ``(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 who are victims of domestic 
        violence, family violence, sexual assault, and stalking, which 
        program shall make available, at military installations and in 
        deployed locations, victims 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 matter that the Secretary of Defense, in 
        consultation with the Director of the Office of the Victims' 
        Advocate, considers appropriate.
    ``(d) Recommendations.--The Director shall from time to time 
recommend to the Secretary of Defense revisions to Department of 
Defense policies, personnel, and procedures for dealing with domestic 
violence, family violence, sexual assault, and stalking based on 
evaluations carried out under section 1818(b) of this title and as the 
Director considers appropriate.
    ``(e) Procedures To Protect Confidential Communications.--The 
Director shall establish procedures to implement the protection of 
confidential communications provided under section 1816 of this title.
``Sec. 1814. Victims' advocates programs in the military departments
    ``(a) Establishment.--(1) The Secretary of Defense, acting through 
the Director of the Office, shall require that policies and regulations 
of the Department of Defense with respect to the programs of the 
Department of Defense specified in paragraph (2) provide within each of 
the military departments a victims' advocates program.
    ``(2) Programs referred to in paragraph (1) are the following:
            ``(A) Victim and witness assistance programs.
            ``(B) Family advocacy programs.
            ``(C) Equal opportunity programs.
    ``(3) In the case of the Department of the Navy, separate victims' 
advocates programs shall be established for the Navy and for the Marine 
Corps.
    ``(b) Purpose.--A victims' advocates program established pursuant 
to subsection (a) shall provide assistance described in subsection (d) 
to members of the armed forces and their family members and partners 
who are victims of any of the following:
            ``(1) Crime.
            ``(2) Sexual, physical, or emotional abuse.
            ``(3) Discrimination or harassment based on race, gender, 
        ethnic background, national origin, or religion.
    ``(c) Assistance.--(1) Under a victims' advocates program 
established under subsection (a), individuals working in the program 
shall principally serve the interests of a victim by initiating action 
to 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 the services referred to in 
        subparagraph (D), 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 members 
        of the armed forces and their 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 specified 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.
    ``(2) Under a victims' advocates program established under 
subsection (a), an individual working in the program as a victim 
advocate shall carry out the following functions:
            ``(A) Serve as a voting member of the case review committee 
        of the Department of Defense for any case to which the victim 
        advocate is assigned.
            ``(B) Serve as a liaison with civilian community-based 
        service providers.
            ``(C) Provide for confidential handling of all documents or 
        conversations relative to victim care, services, benefits, and 
        treatment.
            ``(D) Provide advocacy for the expressed interest and 
        safety of a victim during testimony in a court-martial or 
        civilian judicial system.
            ``(E) Provide 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.
            ``(F) Provide other appropriate assistance.
    ``(3) Services under such a program in the case of an individual 
who is a victim of family violence (including sexual, physical, and 
emotional abuse) shall be provided principally through the Office.
    ``(d) Staffing.--The Secretary of Defense, acting through the 
Director of the Office, shall provide for the assignment of personnel 
(military or civilian) 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.
``Sec. 1815. Office of the Victims' Advocate: access
    ``(a) Access to Senior Officials.--The Director of the Office shall 
have direct and prompt access to any of the following when necessary 
for any purpose pertaining to the performance of the Director's duties:
            ``(1) The Judge Advocate General of the Army, Navy, or Air 
        Force or the Staff Judge Advocate to the Commandant of the 
        Marine Corps.
            ``(2) The Surgeon General of the Army, Navy, or the Air 
        Force.
            ``(3) The Chief of Chaplains of the Army, Navy, or the Air 
        Force.
            ``(4) The senior general or flag officer of one of the 
        Armed Forces with responsibility specifically for personnel.
    ``(b) Access to Information.--The Director shall have direct and 
prompt access to the following:
            ``(1) The name and location of a victim receiving services, 
        treatment, or other assistance under the jurisdiction of a 
        military department.
            ``(2) Any written report of sexual assault, sexual 
        misconduct, domestic violence, family violence, or stalking 
        prepared by a military department.
            ``(3) Victim case files, subject to the informed, written, 
        and time-sensitive authorization of the victim, in 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) Failure To Provide Authorization.--The failure of a victim to 
provide authorization under subsection (b)(3) shall not interfere with 
a case moving forward.
    ``(d) Confidentiality.--To the extent that any information covered 
by subsection (b) provides the name and address of an individual who is 
the subject of a confidential proceeding, that name and address (and 
related information that has the effect of identifying that individual) 
may not be released to the public without the informed written consent 
of such individual.
``Sec. 1816. Office of the Victims' Advocate: confidentiality
    ``(a) 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 Director shall protect the confidentiality and privacy of 
persons receiving services. The Director may not disclose any 
personally identifying information or individual information collected 
in connection with services requested, used, or denied through its 
programs. The Director 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.
    ``(2) If release of information referred to in paragraph (1) is 
compelled by law or by court order, the Director 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 Director shall take steps necessary to protect the 
privacy and safety of the persons affected by the release of the 
information.
    ``(3) The Director may share nonpersonally identifying data in the 
aggregate regarding services to victims and nonpersonally identifying 
demographic information in order to comply with reporting, evaluation, 
or data collection requirements of the armed forces or of Federal, 
State, or local or tribal government or the government of the District 
of Columbia or any territory or commonwealth.
    ``(4) The Director may share court-generated information contained 
in secure, governmental registries for purposes of enforcement of 
protection orders.
    ``(b) Personally Identifying Information.--In this section, the 
term `personally identifying information' means the following 
information about an individual:
            ``(1) A first and last name.
            ``(2) A home or other physical address, including street 
        name and name of city or town.
            ``(3) An email address or other online contact information, 
        such as an instant messaging user identifier or a screen name, 
        that reveals the individual's email address.
            ``(4) A telephone number.
            ``(5) A Social Security number.
            ``(6) An Internet Protocol (IP) address or host name that 
        identifies an individual.
            ``(7) 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.
            ``(8) If the individual is a member or former member of the 
        armed forces--
                    ``(A) the status of the individual as a member of 
                an active component or reserve component or as a 
                veteran;
                    ``(B) the individual's current or most recent 
                grade, rate, or rank;
                    ``(C) the individual's current or most recent duty 
                station or deployment status; and
                    ``(D) the individual's current or most recent unit 
                at a level below regiment (or the equivalent), numbered 
                air force (or the equivalent), or numbered fleet (or 
                the equivalent).
            ``(9) Any other 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.
``Sec. 1817. Office of the Victims' Advocate: victim protection actions
    ``(a) Orders of Protection.--The Director of the Office of the 
Victims' Advocate, when authorized by a victim of sexual misconduct, 
sexual assault, family violence, domestic violence, or stalking, shall 
assist the victim in obtaining from any military command a military 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.--If the Director determines 
that it is appropriate to do so in order to ensure the safety of a 
victim, the Director may request from the appropriate commanding 
officer an order for the relocation or reassignment of an alleged 
offender who is a member of the armed forces during an investigation, 
disciplinary action, or court-martial in order to ensure the safety of 
a victim.
``Sec. 1818. 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 a military law enforcement 
        officer or official, a military criminal investigator, a judge 
        advocate, or an officer in the chain of 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 unfavorable 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 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.
    ``(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. 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 this 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. 1819. Office of the Victims' Advocate: annual assessment
    ``(a) Data Compliance and Reporting.--The Director of the Office of 
the Victims' Advocate shall annually compile data collected during the 
preceding year by the military departments relating to incidents of 
domestic violence, family violence, sexual assault, and stalking. The 
data shall be compiled pursuant to policies set forth by the Director.
    ``(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 of and 
response to 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.
    ``(c) Personnel Analysis.--The annual assessment under subsection 
(b) 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, and stalking. The assessment shall include a review of 
personnel assigned to deployed units, along with recommendations to 
enhance availability, accessibility, and training for such personnel.
    ``(d) Assessment of Statutes and Directives.--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, the annual assessment under subsection (b) shall include a 
review of--
            ``(1) chapter 47 of this title (the Uniform Code of 
        Military Justice), the provisions of law in force at the time 
        of the assessment that were originally enacted by the Victims' 
        Rights and Restitution Act or the Violence Against Women Act, 
        and other Federal statutes applicable to domestic violence, 
        sexual assault, family violence, and stalking;
            ``(2) directives of the military departments; and
            ``(3) regulations of the military departments considered 
        appropriate by the Director.
``Sec. 1820. Office of the Victims' Advocate: annual report
    ``(a) Annual Report.--(1) Not later than January 15 of each year, 
the Director shall submit to the Secretary of Defense a report on 
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 most recent compilation of data under section 
        1819(a) of this title; together with a comparison of that data 
        (or subsets of that data) with comparable data from the 
        civilian sector.
            ``(B) The results of the most recent assessment under 
        section 1819(b) of this title.
            ``(C) 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 the report and the number 
        of the cases so reported that were substantiated.
            ``(D) A summary of the types of cases and the disciplinary 
        action taken in each type of case.
            ``(E) The policies, procedures, and processes implemented 
        by the military departments during the year covered by the 
        report in response to incidents of domestic violence, family 
        violence, sexual assault, and stalking involving members of the 
        armed forces.
            ``(F) A plan for the actions that are to be taken in the 
        fiscal year following the fiscal year covered by the report on 
        the prevention of and response to domestic violence, family 
        violence, sexual assault, and stalking involving members of the 
        armed forces.
    ``(b) Transmission of Report to Congressional Committees.--The 
Secretary of Defense shall transmit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House of 
Representatives each annual report submitted to the Secretary under 
subsection (a), together with the comments of the Secretary on such 
report. The Secretary shall transmit the report for any year not later 
than March 15 of the following year.
``Sec. 1821. Requirements on use of funds
    ``(a) Requirements.--Of the amounts appropriated to carry out the 
functions of the Office for any fiscal year, the Secretary--
            ``(1) 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
            ``(2) 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.
    ``(b) Technical Assistance and Training.--Technical assistance and 
training under subsection (a)(2) 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.''
    (b) Transition Provisions.--
            (1) Comprehensive policy.--The policy required by section 
        1812(a) of title 10, United States Code, as added by subsection 
        (a), shall be prescribed by the Secretary of Defense not later 
        than the end of the 120-day period beginning on the date of the 
        enactment of this Act.
            (2) Whistleblower protection regulations.--The regulations 
        required by section 1817(e) of title 10, United States Code, as 
        added by subsection (a), shall be prescribed by the Secretary 
        of Defense not later than 120 days after the date of the 
        enactment of this Act.
            (3) First annual report.--The first report under subsection 
        (a) of section 1819(a) of such title, as added by subsection 
        (a)--
                    (A) shall be submitted to the Secretary of Defense 
                not later than April 1 of the year after the year in 
                which this Act is enacted (notwithstanding the date 
                specified in that subsection); and
                    (B) shall be transmitted by the Secretary to the 
                Committee on Armed Services of the Senate and Committee 
                on Armed Services of the House of Representatives 
                pursuant to subsection (b) of that section not later 
                than May 1 of that year (notwithstanding the date 
                specified in that subsection).
    (c) Clerical Amendments.--The tables of chapters at the beginning 
of subtitle A, and at the beginning of part II of subtitle A, of title 
10, United States Code, are amended by inserting after the item 
relating to chapter 88 the following new item:

``90. Office of the Victims' Advocate.......................    1811''.

SEC. 112. DEPARTMENT OF DEFENSE INTERDISCIPLINARY COUNCIL.

    (a) Codification and Revision of Council Established Under Public 
Law 103-337.--
            (1) In general.--Chapter 7 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 188. 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 and to oversee the efforts of the 
Department of Defense to prevent and respond to violence against women 
and men.
    ``(b) Composition.--(1) The Council shall consist of 12 members, 
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 and persons from outside the Department of Defense. The six 
members appointed as personnel of the Department of Defense may include 
retired members of the Armed Forces.
    ``(2) The six 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, but may not 
be members of the Armed Forces in a retired status.
    ``(3) The Secretary shall ensure that membership includes at least 
one judge advocate.
    ``(4) Each member of the Interdisciplinary Council appointed from 
outside the Department of Defense--
            ``(A) shall be an individual who has demonstrated expertise 
        and experience in the fields of sexual assault, domestic 
        violence, family violence, or stalking, as well as expertise 
        and experience in civilian-military cooperation; or
            ``(B) shall be appointed from one of the following:
                    ``(i) The Centers for Disease Control and 
                Prevention of the Department of Health and Human 
                Services.
                    ``(ii) Civilian law enforcement.
                    ``(iii) A judicial policy organization.
                    ``(iv) A national crime victim organization.
                    ``(v) A victim service organization.
                    ``(vi) A survivor of domestic violence, sexual 
                assault, family violence, or stalking in which the 
                perpetrator was a member of the Armed Forces.
    ``(5) Members of the Interdisciplinary Council shall serve for a 
period of three years. The membership of the Interdisciplinary Council 
shall be rotated by composition and appointments as defined in 
paragraphs (1), (2), and (4) every three 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.--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) Compensation.--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(d) of title 5, but shall 
serve without pay.
    ``(f) Military Department Liaisons.--The Secretary of each military 
department shall select a representative of that department to serve as 
a liaison between the Interdisciplinary Council and that military 
department. Each such representative shall be responsible for 
ensuring--
            ``(1) that communications made at the Interdisciplinary 
        Council are transmitted to military personnel; and
            ``(2) that the Interdisciplinary Council is aware of 
        problems in the military departments related to domestic 
        violence, family violence, sexual assault, and stalking.
    ``(g) Installation Visits.--The Director of the Office of the 
Victims' Advocate shall coordinate with the Secretaries of the military 
departments to provide for visits by members of the Interdisciplinary 
Council to military installations.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``188. Department of Defense Interdisciplinary Council.''.
    (b) Deadline for Initial Appointments.--Members of the 
Interdisciplinary Council under section 188 of title 10, United States 
Code, as added by subsection (a), shall be appointed not later than 90 
days after the date of the enactment of this Act.
    (c) Report.--Not later than 18 months after the date on which all 
members of the Interdisciplinary Council under section 188 of title 10, 
United States Code, as added by subsection (a), have been appointed, 
the Interdisciplinary Council shall submit to the Secretary of Defense 
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 members of the Armed Forces. 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.
    (d) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to subsection (c).
    (e) Conforming Repeal.--Section 534 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 
113 note) is repealed.

Subtitle C--National and International Hotlines Awareness, Prevention, 
                       and Intervention Campaign

SEC. 121. AWARENESS, PREVENTION, AND INTERVENTION CAMPAIGN.

    (a) Contracts Authorized.--The Secretary of Defense, acting through 
the Director of the Office of the Victims' Advocate, may enter into 
contracts with appropriate entities 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) Purpose of Contract.--A contract under subsection (a) shall 
provide for the entity awarded the contract to perform the following 
functions, to the extent provided in the contract:
            (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 to the Office of the Victims' 
                Advocate and other Department of Defense entities for 
                distribution and posting at appropriate facilities 
                within the Department of Defense; and
                    (C) is made available through appropriate public 
                information services.
            (3) Provide free and confidential support services for 
        members of the Armed Forces and their families and partners for 
        the purpose of developing and strengthening prevention and 
        intervention policies for assistance to members of the Armed 
        Forces and their family members or partners experiencing 
        domestic violence, family violence, sexual assault, and 
        stalking.
            (4) Develop and implement policies regarding appropriate, 
        safe responses and referral procedures for members of the Armed 
        Forces and their family members or partners experiencing 
        domestic violence, family violence, sexual assault, and 
        stalking.
            (5) Provide linguistically and culturally appropriate 
        services, or linkages to existing services in the community, as 
        needed to address the needs of victims and survivors associated 
        with the Armed Forces.
            (6) Provide the necessary staffing for responding to the 
        needs of members of the Armed Forces and their 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.
    (c) Applications.--
            (1) In general.--An 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) Qualifications.--To be awarded such a contract, an 
        entity must demonstrate in its application under paragraph (1) 
        that it has a history or experience that is relevant to the 
        purposes of the contract.
    (d) Considerations.--
            (1) Training.--In providing information on services, 
        resources, counseling, and advocacy available to members of the 
        Armed Forces and their 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) Confidentiality.--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 
        service.
            (3) Immediate access.--The Secretary shall ensure that the 
        telephone assistance service provides immediate access to a 
        trained counselor. The Secretary may not utilize call-back 
        services or answering services.
            (4) Dissemination of information.--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.
    (e) Duration of Contract.--The Secretary shall enter into any 
contract under this section for a period of one year. The contract may 
be renewed.
    (f) Confidentiality.--The Secretary shall include in a contract 
under this section confidentiality provisions based on the provisions 
of section 1816(a) of title 10, United States Code, as added by section 
111.
    (g) 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.
    (h) No Matching Funds.--For the purposes of this section, a 
nonprofit, nongovernmental victim services program receiving funds 
under this section may not be required as a condition of receiving an 
award of a contract under this section to provide matching funds.
    (i) Reports.--An entity receiving funds under this section shall 
submit to the Secretary every six months a report that describes--
            (1) how the funds were used, including the extent to which 
        members of the Armed Forces and their family members and 
        partners were provided services and a description of the 
        services provided, including the number of cases responded to;
            (2) the adequacy of staff training and services to meet the 
        needs of members of the Armed Forces and their family members 
        and partners for services under the contract; and
            (3) the existence of barriers faced by the entity to 
        address the needs of members of the Armed Forces and their 
        family members and partners.
    (j) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

            Subtitle D--Prevention and Intervention Training

SEC. 131. PREVENTION AND INTERVENTION TRAINING CONTRACTS.

    (a) Awards Authorized.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Office of the Victims' Advocate, shall 
        enter into contracts under this section with 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 entity 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 members of the Armed Forces and 
                their 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 members of the Armed 
        Forces and their 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 members of the Armed Forces and their 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 members of 
                the Armed Forces and their family members or 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) Duration of Contracts.--The Secretary shall enter into a 
contract under this section for a period of one year. Such a contract 
may be renewed.
    (e) Reports.--An entity receiving funds under this section shall 
submit to the Secretary every six months 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 members of the Armed Forces and their family 
        members or partners are met; and
            (3) the existence of barriers the entity faces to more 
        fully addressing the needs of members of the Armed Forces and 
        their family members or partners.
    (f) Requirement.--
            (1) Set-aside.--Of the amounts appropriated to carry out 
        this section for any fiscal year, the Secretary--
                    (A) 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
                    (B) 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, sexual assault, and stalking.
            (2) Technical assistance and training.--Technical 
        assistance and training under paragraph (1)(B) 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.
    (g) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

Subtitle E--Biennial Conference on Sexual Assault and Domestic Violence

SEC. 141. SEXUAL ASSAULT AND DOMESTIC VIOLENCE CONFERENCE.

    (a) Conference Required.--Not later than one year after the date of 
the enactment of this Act, and every two years thereafter, 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 review current policies for prevention of, and 
response to, domestic violence, sexual assault, family violence, and 
stalking (as those terms are defined in section 102 of title 10, United 
States Code) involving members of the Armed Forces and to make 
recommendations for changes, as warranted, to those policies.
    (b) Conference Activities.--The conferences shall provide a forum 
for the civilian leadership of the Department of Defense, military 
commanders, family advocacy personnel, military criminal investigators, 
military law enforcement personnel, and security forces to consider 
problems, policies, and recommendations relating to domestic violence, 
sexual assault, family violence, and stalking involving members of the 
Armed Forces.
    (c) First Conference.--
            (1) Consideration of prior reports.--Activities of the 
        first conference under this subtitle shall include 
        consideration of the reports and recommendations of the 
        following:
                    (A) The Department of Defense Task Force on the 
                Care of Sexual Assault Victims.
                    (B) The Department of Defense Task Force on 
                Domestic Violence.
                    (C) The Department of Defense Task Force of Sexual 
                Harassment and Misconduct at the Military Academies.
            (2) Strategic plan.--Activities of the first conference 
        under this subtitle shall include a discussion of, and 
        compiling of recommendations and strategy for, a strategic plan 
        that seeks to--
                    (A) involve more civilian leaders of the Department 
                of Defense, military commanders, and members of the 
                Armed Forces in prevention and other activities 
                designed to end domestic violence, sexual assault, 
                family violence, and stalking in the Armed Forces; and
                    (B) facilitate the Secretaries of the military 
                departments implementation of policies on domestic 
                violence, sexual assault, family violence, and stalking 
                in the Armed Forces.
    (d) Conference Participants.--The Secretary shall provide for 
participants in conferences under this section 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 
        government agencies.
            (3) Representatives of law enforcement organizations.
            (4) Criminal justice professionals, including prosecutors, 
        investigators, attorneys, and advocates.
            (5) Representatives of nonprofit, private, or 
        nongovernmental service providers and of public and private 
        organizations working in the field of domestic violence, sexual 
        assault, family violence, and stalking.
            (6) Individuals with demonstrated expertise in addressing 
        the intersection between domestic violence, sexual assault, 
        family violence, and stalking.
            (7) Individuals with demonstrated expertise in addressing 
        the issues confronting the Armed Forces relative to domestic 
        violence, sexual assault, family violence, and stalking.
            (8) Victims of domestic violence, sexual assault, family 
        violence, and stalking.
            (9) Representatives of academic and research, facilities 
        with demonstrated expertise in domestic violence, sexual 
        assault, family violence, and stalking.
            (10) Representatives of the Department of Veterans Affairs.
            (11) Advocates, counselors, and therapists engaged in 
        providing services to victims associated with the Armed Forces.

   Subtitle F--Memorandums of Understanding With Civil Organizations

SEC. 151. AGREEMENTS WITH CIVILIAN ORGANIZATIONS.

    (a) Memorandums of Understanding.--Congress expects and encourages 
the Secretary of Defense to enter into memorandums of understanding 
with civilian organizations to provide services to victims of sexual 
assault, domestic violence, family violence, and stalking (as those 
terms are defined in section 102 of title 10, United States Code).
    (b) Confidentiality.--When entering into a memorandum of 
understanding with a civilian organization as described in subsection 
(a), the Secretary of Defense should not enter into, and may not 
enforce, any provision in the memorandum that would be in direct 
violation of any law protecting confidential information and personal 
identifying information.

   TITLE II--RIGHTS, RESTITUTION, TREATMENT, AND SERVICES FOR VICTIMS

Subtitle A--Protection of Persons Reporting Sexual Assault or Domestic 
                                Violence

SEC. 201. PROTECTION OF COMMUNICATIONS BETWEEN VICTIMS AND ADVOCATES.

    (a) Restricting Communication Prohibited.--Subsection (a) of 
section 1034 of title 10, United States Code, is amended--
            (1) by striking ``Congress or'' and inserting 
        ``Congress,''; and
            (2) 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 (B)--
                    (A) by redesignating clauses (iii), (iv), and (v) 
                as clauses (iv), (v), and (vi), 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)(A) of such 
section is amended by inserting ``, sexual assault, domestic violence, 
family violence, stalking,'' after ``sexual harassment''.

SEC. 202. VICTIM SERVICE ORGANIZATION PRIVILEGE AND HEALTH CARE 
              PROFESSIONAL PRIVILEGE 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 victim service 
              organization or health care professional
    ``(a) General Rule of Privilege.--A client has a privilege to 
refuse to disclose, and to prevent any other person from disclosing, a 
confidential communication made between the client and a victim service 
organization or any representative of the organization, or between the 
client and a health care professional or any representative of the 
professional, in a case arising under this chapter, 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 domestic violence, family violence, 
dating violence, stalking, or sexual assault.
    ``(b) Definitions.--In this section:
            ``(1) The term `client' means a person who consults with or 
        is examined or interviewed by a victim service organization or 
        any representative of the organization, or by 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 to whom disclosure is in furtherance of 
                providing advice, counseling, treatment, or assistance 
                to the client; and
                    ``(B) those reasonably necessary for disclosing 
                under subparagraph (A).
    ``(c) Emergency Shelter Protection.--A client or representative of 
a client 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) Who May Claim the Privilege.--The privilege under subsection 
(a) 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 victim service organization, health care professional, or 
representative who received the communication may claim the privilege 
on behalf of the client. The authority of such an organization, 
professional, representative, guardian, or conservator to so 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 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 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 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.

   Subtitle B--Medical Care and Treatment for Victims of Sexual and 
                           Domestic Violence

SEC. 211. ENHANCED DEPARTMENT OF DEFENSE TREATMENT CAPACITY.

    To the extent funds are available for such purpose, funds available 
to the Department of Defense shall be used to employ at least one 
medical professional trained as a sexual assault nurse examiner and at 
least one psychiatrist, and a complimentary clinical team, at each 
military treatment facility operated by the Department of Defense.

SEC. 212. COMMUNITY LEVEL PROGRAM.

    (a) Program.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Health Affairs, shall carry out a 
program at the community level for 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 (as 
those terms are defined in section 102 of title 10, United States 
Code).
    (b) Program Sites.--The program shall be carried out through 
facilities of the Department of Defense.
    (c) Program Content.--In conducting the 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 
victims cope with trauma. Through the program, the Secretary should--
            (1) emphasize early identification of victims experiencing 
        post-traumatic stress disorder resulting from domestic 
        violence, sexual assault, family violence, or stalking;
            (2) include group-oriented, peer-to-peer settings for 
        treatment; and
            (3) acknowledge that the causal factors of domestic 
        violence, sexual assault, family violence, and stalking include 
        power and control.
    (d) Outreach.--The Secretary shall provide that health information 
packets given to members of the Armed Forces and their family members 
include information about how to obtain timely and confidential post-
sexual assault medical care.
    (e) Program Models.--The Secretary shall establish and carry out 
the program under this section following a comprehensive review of 
other relevant 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. 213. 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 (as those terms are defined in section 102 of 
title 10, United States Code).

             Subtitle C--Military-Civilian Shelter Programs

SEC. 221. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR SHELTER 
              PROGRAMS AND SERVICES.

    (a) Contracts Authorized.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Office of the Victims' Advocate, may enter 
        into contracts with eligible entities to provide shelter 
        services for members of the Armed Forces and their family 
        members and 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 entity 
        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 
                members of the Armed Forces and their family members or 
                partners;
                    (B) a nonprofit nongovernmental entity providing 
                services primarily to members of the Armed Forces and 
                their 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 members of the 
                Armed Forces and their families.
    (b) Uses of Funds.--A contract under this section shall provide 
that--
            (1) whenever possible, the entity awarded the contract 
        shall collaborate with existing shelter services in the 
        civilian community to provide appropriate victim services;
            (2) when appropriate shelter services are not available in 
        the civilian community or are not accessible to members of the 
        Armed Forces or their family members or partners, the entity 
        awarded the contract may provide or create shelter services in 
        collaboration with a community-based organization;
            (3) the entity awarded the contract shall provide referral 
        services to a Department of Defense victims advocate aid, 
        including legal, medical, or psychological counseling, to 
        members of the Armed Forces and their family members and 
        partners who are experiencing domestic violence, family 
        violence, sexual assault, or stalking; and
            (4) if needed, the entity awarded the contract will have 
        staff with fluency in languages other then English or access to 
        translators.
    (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) Consideration of best practices.--In considering 
        applications submitted pursuant to paragraph (1), the Secretary 
        shall consult with existing providers of shelter services to 
        determine best practices.
    (d) 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.
    (e) Confidentiality.--The Secretary shall include in a contract 
under this section confidentiality provisions based on the provisions 
of section 1816(a) of title 10, United States Code, as added by section 
111.
    (f) Reports.--An entity awarded a contract under this section shall 
submit to the Secretary every six months a report that describes, at a 
minimum--
            (1) how the funds under the contract were used;
            (2) the extent to which military personnel, families, and 
        partners were served; and
            (3) the adequacy of staff training and services to ensure 
        that needs of members of the Armed Forces and their family 
        members and partners.
    (g) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

              Subtitle D--Victim's Rights and Restitution

SEC. 231. MILITARY LAW ENFORCEMENT AND VICTIMS' RIGHTS.

    (a) Victims' Rights.--After an allegation of a domestic violence, 
sexual assault, family violence, or stalking offense that is reported 
to, or investigated by military law enforcement agency, the victim (or 
alleged victim) shall have the following rights:
            (1) Victims' rights set out under section 502(b) of the 
        Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
        10606(b)).
            (2) The right to be informed of 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.
            (3) The right to be informed of legal procedures and 
        resources available for the protection of the victim, including 
        military no contact orders and protection orders, civilian 
        orders of protection referred to in section 1561a of title 10, 
        United States Code, and the full faith and credit given to 
        protection orders pursuant to section 2265 of title 18, United 
        States Code.
            (4) The right to be informed of 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.
            (5) The right to be informed of the military law 
        enforcement agency report number for the case, 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.''.
            (6) The right to be notified by military law enforcement 
        authorities of the arrest of the suspect, if the suspect is 
        arrested, regardless of whether the suspect is an adult or a 
        juvenile.
            (7) The right to be to informed, in a case in which the 
        suspect is an adult and has been arrested, of the suspect's 
        release, of the scheduled time, place, and date for initial 
        court appearances of the suspect, and of the victim's right to 
        be heard.
    (b) Notice of Rights To Be Provided.--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)).
                    (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 legal procedures and resources available 
                for the protection of the victim, including military no 
                contact orders and protection orders, civilian orders 
                of protection referred to in section 1561a of title 10, 
                United States Code, and the full faith and credit given 
                to protection orders pursuant to 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 military law enforcement agency report 
                number for the case, 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 authorities of the 
                arrest of the suspect, if the suspect is arrested.
                    (G) If the suspect is an adult and has been 
                arrested, a statement that the victim will be informed 
                of the suspect's release, of the scheduled time, place, 
                and date for initial court appearances of the suspect 
                and of the victim's right to be heard, and that to 
                exercise those rights, the victim may contact the 
                custodial agency regarding the suspect's status or 
                contact the command regarding any changes.
    (c) Effect of Emotional Status of Victim.--If at the time of 
contact with a military law enforcement agency representative under 
subsection (a), a victim is emotionally unable to request or to waive 
applicable rights, the military law enforcement agency representative 
shall so designate that on the multicopy form and any entity that is 
subsequently involved in the case 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.
    (d) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

SEC. 232. AVAILABILITY OF INCIDENT REPORTS.

    (a) Applicability.--A military law enforcement agency shall 
provide, without charge, to a victim of domestic violence, sexual 
assault, family violence, or stalking (or to the representative of such 
a victim, if the victim is deceased) a copy of the incident report in 
the case, a copy of the incident report summary (referred to as a 
``face sheet''), or both, in accordance with subsection (b).
    (b) Time for Availability.--
            (1) Summaries.--A copy of an incident report summary 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 the summary is not available, 
        in which case the summary shall be made available to the victim 
        or representative no later than five working days after the 
        request is made.
            (2) 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 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.
    (c) Identification.--An incident report and a summary of an 
incident report may be provided to any person under this section only 
upon presentation of identification satisfactory to the Secretary 
concerned.
    (d) Time Duration.--This section applies to requests for copies of 
incident reports and summaries of incident reports made within five 
years from the date of completion of the incident report.
    (e) Victim's Representative Defined.--
            (1) For purposes of this section, the term ``victim's 
        representative'' means, with respect to a victim who is 
        deceased, the person who is listed first among 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 law or 
        any person identified in the incident report as a suspect.
    (f) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

SEC. 233. VICTIM ADVOCATES AND VICTIMS' RIGHTS.

    (a) In General.--Any victim making an allegation of sexual assault, 
domestic violence, family violence, or stalking (as those terms are 
defined in section 102 of title 10, United States Code) may have a 
victim advocate present at any interview of the victim conducted by any 
military law enforcement official.
    (b) Support During Proceedings.--In a military justice proceeding, 
a victim advocate, upon the request of the victim, shall be allowed to 
accompany the victim during the proceedings. The victim advocate shall 
be allowed to confer orally and in writing with the victim in a 
reasonable manner.

SEC. 234. RESTITUTION.

    (a) In General.--Chapter 80 of title 10, is amended by inserting 
after section 1561b, as added by section 301, the following new 
section:
``Sec. 1561c. Restitution
    ``(a) Restitution Required.--In addition to any other civil, 
disciplinary, or criminal penalty authorized by law, the convening 
authority in a court-martial shall order restitution for any offense 
specified in section 920, 892(a)(4), or 1561a of this title.
    ``(b) Scope and Nature of Order.--
            ``(1) Directions.--An order of restitution under this 
        section shall direct the person convicted 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 person 
                convicted; 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 
1561b, as added by section 301, the following new item:

``1561c. Restitution.''.

SEC. 235. 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 
inserting after section 940a, as added by section 202, the following 
new section (article):
``Sec. 940b. Art. 140b. 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 against the 
member involving sexual misconduct during the period of the member's 
service in the Armed Forces that is taken 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 
such subchapter is amended by inserting after the item relating to 
section 940a the following new item:

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

SEC. 236. TRAVEL AND TRANSPORTATION OF HOUSEHOLD EFFECTS OR MOTOR 
              VEHICLE IN RESPONSE TO DEPENDENT ABUSE.

    Section 406(h)(4)(D) of title 37, United States Code, is amended by 
striking ``only if a written agreement of the member, or an order of a 
court of competent jurisdiction,'' and inserting ``if an order of a 
court of competent jurisdiction''.

SEC. 237. 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 ``, acting 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''.

    TITLE III--REPORTING, PROSECUTION, AND TREATMENT OF PERPETRATORS

    Subtitle A--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 inserting after section 1561a the following new section:
``Sec. 1561b. Complaints of sexual assault, domestic violence, family 
              violence, or stalking: investigation by commanding 
              officers
    ``(a) Action on Complaints.--(1) 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 a qualifying complaint shall carry 
out an investigation of the matter in accordance with this section.
    ``(2) In this section, the term `qualifying complaint' means a 
complaint--
            ``(A) that is 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; and
            ``(B) that alleges sexual assault, domestic violence, 
        family violence, or stalking by a member of the Armed Forces or 
        a civilian employee of the Department of Defense
    ``(b) Commencement of Investigation.--To the extent practicable, a 
commanding officer or officer in charge receiving a qualifying 
complaint shall, within 72 hours after receipt of the complaint--
            ``(1) forward the complaint, or a detailed description of 
        the allegation in the complaint, to the next superior officer 
        in that officer's 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 complainant of the commencement of the 
        investigation.
    ``(c) Duration of Investigation.--A commanding officer or officer 
in charge receiving a qualifying complaint shall ensure that the 
investigation of the complaint is completed within 90 days of the date 
on which the investigation is commenced or such longer period as may be 
approved by the Director of the Office of Victim Advocate.
    ``(d) Judge Advocate Report.--To the extent practicable, a 
commanding officer or officer in charge receiving a qualifying 
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 a qualifying 
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) Annual Reports to Service Secretaries.--Not later than 
January 1 of each year, each officer receiving a qualifying complaint 
forwarded in accordance with this section shall submit to the Secretary 
of the military department concerned a report on all such complaints 
received during the preceding year and the investigations of those 
complaints (including the results of the investigations, in cases of 
investigations completed during the preceding year).
    ``(g) Annual Report to Secretary of Defense and Congress.--(1) Not 
later than January 15 of each year, each Secretary of a military 
department receiving a report under subsection (g) 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 Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
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 any year not 
later than March 15 of the next year.''.
    (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 item:

``1561b. 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 at the end the following new sections:
``Sec. 1567. Domestic violence: responsibilities of military law 
              enforcement officers
    ``(a) Circumstances Requiring Arrest.--A military law enforcement 
officer shall arrest and take into custody a person subject to arrest 
or apprehension by the officer 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.
    ``(b) Domestic Violence.--In this section, 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:
            ``(1) Infliction of physical pain, bodily injury, or 
        illness or damage to property.
            ``(2) Intentional impairment of physical condition.
            ``(3) A threat of conduct that would cause bodily injury or 
        damage to property.
    ``(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, and 
        any history of domestic violence between those 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 charged for a domestic 
        violence offense because the victim used reasonable force in 
        self defense against domestic violence by an attacker.
            ``(C) The decision of a military law enforcement officer as 
        to whether or not to make an 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 decision of 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 shall consult with law enforcement agencies and 
organizations with expertise in the recognition of domestic violence 
incidents.
    ``(e) Domestic Violence Incident Reports.--(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 commander of the suspect and of the 
installation.
    ``(4) The domestic violence incident report shall be on a form set 
forth in regulations prescribed by the Secretary of Defense. The form 
shall include provision 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 a protective order 
        involving the parties.
            ``(K) The number of arrests involving the parties for a 
        violation of a civilian protective order or details of 
        disciplinary action taken for the violation of a military 
        protective 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 by the 
victim, 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 commanders, to contact the 
        alleged victim.
    ``(2) Unless there is a waiver by the victim under paragraph (1), 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 acknowledgment 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 acknowledgment 
under subsection (f)(2).
``Sec. 1568. Domestic violence: prosecution policies
    ``The Secretary of Defense shall develop and implement written 
policies encouraging the prosecution of domestic violence offenses 
under the military justice system. Those policies shall include the 
following:
            ``(1) A policy that a recommendation of a judge advocate 
        that a domestic violence incident not be prosecuted 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 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.
``Sec. 1569. 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 during any year 
shall submit to the Secretary of the military department concerned a 
report of all such allegations received during the year, 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 paragraphs (1) and (2) shall include 
        categories by statutory reference of offenses under chapter 47 
        of this title (the Uniform Code of Military Justice) and 
        include totals for all categories.
    ``(b) Reports to the Secretary of Defense.--Not later than January 
1 of each year, the Secretaries of the military departments shall 
submit to the Secretary of Defense a 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 January 15 of each year, 
the Secretary of Defense shall submit to Congress a 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 at the end the following new items:

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

SEC. 303. INVESTIGATION 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. 145. 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 persons 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.
    ``(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) Direct Investigations.--The Director shall review an 
investigation of an allegation of sexual misconduct, sexual assault, 
family violence, stalking, or domestic violence--
            ``(1) if requested--
                    ``(A) by the director of the Office of Veterans 
                Affairs;
                    ``(B) by an investigative organization of the 
                Department of Defense or one of the military 
                departments; or
                            ``(i) 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) in any case that the Secretary directs the Director 
        to investigate.
    ``(e) Oversight and Quality Control of Other Investigations.--(1) 
The Director shall review the status of an investigation that is 
referred under subsection (d).
    ``(2) In carrying out paragraph (1), the Director may review the 
records of the investigation and observe the conduct of the 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, an evaluation of each investigator and the 
investigative organization involved in the investigation, and a 
recommendation for the future conduct of the investigation.
    ``(f) 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 review of an investigation.
            ``(5) To administer to or take from any person an oath, 
        affirmation, or affidavit whenever necessary in the review of 
        an investigation.
            ``(6) To obtain for the victim in the case under review in 
        the investigation from any military command a military 
        protection order or from a court of appropriate jurisdiction an 
        order of protection, respectively, to safeguard the victim.
            ``(7) To refer to a victim advocate for assistance in 
        obtaining services for any victim in the case under review.
            ``(8) To request the appropriate commander to take action 
        to relocate the victim during an investigation in order to 
        ensure the safety of a victim.
    ``(g) 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 an appropriate 
commander 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.
    ``(h) Staff.--The Director shall have access to--
            ``(1) investigators who have extensive experience in 
        criminal investigations and demonstrated expertise in domestic 
        violence, family violence, sexual assault, or stalking;
            ``(2) 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; and
            ``(3) such other staff as is necessary for the performance 
        of the Director's duties.''.
    (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:

``145. Director of Special Investigations.''.

   Subtitle B--Crimes Related to Sexual Assault and Domestic Violence

                    CHAPTER 1--FEDERAL CRIMINAL CODE

SEC. 311. ASSIMILATIVE CRIMES.

    Section 13 of title 18, United States Code, is amended by adding at 
the end the following:
    ``(d) For purposes of subsection (a) of this section, 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 law 
of that jurisdiction.''.

SEC. 312. 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 misconduct, 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 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.''.

              CHAPTER 2--UNIFORM CODE OF MILITARY JUSTICE

SEC. 316. 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.

SEC. 317. 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.

            Subtitle C--Treatment Services for Perpetrators

SEC. 321. ENHANCED CAPACITY OF THE DEPARTMENT OF DEFENSE FOR TREATMENT 
              SERVICES FOR PERPETRATORS.

    (a) Contracts Authorized.--
            (1) In general.--The Secretary of Defense, acting through 
        the Undersecretary of Defense for Personnel and Readiness, may 
        enter into contracts with eligible entities for the provision 
        of treatment services, including a batterers program, for 
        members of the Armed Forces who have been assessed to have 
        committed domestic violence, family 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 entity the primary purpose of which is 
                to provide treatment services to perpetrators of 
                domestic violence, family violence, sexual assault, or 
                stalking.
                    (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 and the goal of 
                which is to help perpetrators end abusive behaviors.
    (b) Terms of Contract.--A contract awarded under this section shall 
provide that the entity awarded the contract--
            (1) may provide for collaboration with existing services in 
        the civilian community for the provision of appropriate 
        treatment services;
            (2) when appropriate treatment services are not available 
        in the civilian community or are not accessible, may provide 
        such services on military installations;
            (3) shall not, under the contract, provide couple 
        counseling or mediation, but may provide referrals for such 
        counseling or mediation upon successful completion of a 
        certified batterers program and at the request of the victim.
    (c) Terms of Batterers Program.--The Secretary shall ensure that 
the batterers program shall have policies regarding--
            (1) referrals for those for whom a batterers program is not 
        appropriate;
            (2) suicide and homicide threats by clients; and
            (3) confidentiality, in accordance with standards 
        prescribed by the Secretary.
    (d) Application.--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.
    (e) Treatment Standards.--The treatment program under the batterers 
program must meet the following standards:
            (1) All treatment shall be based upon a full, complete 
        clinical assessment, including--
                    (A) current and past violence history relating to 
                domestic violence, family violence, sexual assault, or 
                stalking;
                    (B) a complete diagnostic evaluation;
                    (C) a substance abuse assessment; and
                    (D) criminal history.
            (2) All treatment shall be based on a treatment plan that 
        adequately and appropriately addresses treatment needs of the 
        individual.
            (3) The program shall require the perpetrator to review the 
        following notices:
                    (A) A notice that the program will inform the 
                victim and victims' advocate that the perpetrator is in 
                treatment.
                    (B) A notice that prior and current treatment 
                agencies will provide information on the perpetrator to 
                the program.
                    (C) A notice that the program will provide relevant 
                information on the perpetrator to relevant legal and 
                military entities.
            (4) Treatment of a perpetrator must be for a minimum 
        treatment period established by the Secretary by regulation.
            (5) Satisfactory completion of treatment must be contingent 
        upon the perpetrator meeting specific criteria, defined by the 
        Secretary, and not just upon the end of a certain period of 
        time or attendance of the perpetrator at a certain number of 
        sessions.
            (6) The program shall have a policy and procedures for 
        dealing with recidivism.
            (7) The program shall have a policy and procedures for 
        dealing with noncompliance.
            (8) All evaluation and treatment services shall be provided 
        by, and under the supervision of, qualified personnel.
    (f) Duration of Contracts.--A contract awarded under this section 
shall be for a period of three fiscal years. Such a contract may be 
renewed.
    (g) Reports.--An entity awarded a contract under this section shall 
submit to the Secretary every six months a report that describes, at a 
minimum--
            (1) how the funds under the contract were used;
            (2) the extent to which military personnel were served;
            (3) the adequacy of staff training and services;
            (4) the existence of barriers to the provision of services;
            (5) pertinent and appropriate factors concerning 
        perpetrators in the program, including age, education, income, 
        marital status, number of children and their ages, any 
        substance abuse, and personal history of family violence;
            (6) the total number of persons referred to the program, 
        and the referral source;
            (7) total number of persons determined to be inappropriate 
        for services and reasons therefor; and
            (8) the number of persons participating in the program, the 
        number completing the program, the number failing to complete 
        the program, and reasons therefor.
    (h) Applicability of Certain Definitions.--The definitions in 
section 102 of title 10, United States Code, as added by section 
101(a), apply to this section.

SEC. 322. SEX OFFENDER TREATMENT PROGRAM.

    (a) Definition.--In this section, the term ``sex offender treatment 
program'' means a program approved or certified by a State that is 
operated by a public or nonprofit organization for the purpose of 
providing treatment services for sex offenders.
    (b) Terms of Contract.--A contract awarded under this section shall 
provide that the sex offender treatment program awarded the contract--
            (1) may provide for collaboration with existing services in 
        the civilian community for the provision of appropriate 
        treatment services;
            (2) when appropriate treatment services are not available 
        in the civilian community or are not accessible, may provide 
        such services on military installations.
    (c) Qualified Treatment Providers.--The Secretary of Defense, 
acting through the Under Secretary of Defense for Personnel and 
Readiness shall ensure that the providers of sex offender treatment in 
the contracted program meet the licensing or certification standards of 
the State in which services are provided. The treatment providers 
shall--
            (1) have education, training and experience in the 
        evaluation, treatment and management of individuals who 
        sexually offend;
            (2) possess a graduate degree and possess a minimum of 2000 
        hours of clinical assessment and treatment of sexual abusers 
        and obtain annual continuing education in the field of sexual 
        abuse; and
            (3) adhere to the professional conduct code of their 
        clinical profession.
    (d) Treatment Standards.--The sex offender treatment program for 
contracted sex offender treatment shall--
            (1) utilize psychosexual evaluations--
                    (A) to determine an offender's risk to reoffend;
                    (B) to identify dynamic risk factors; and
                    (C) to develop appropriate treatment and 
                supervision plans;
            (2) provide interventions that are--
                    (A) designed to assist the offender to manage 
                thoughts, feelings, attitudes, and behaviors associated 
                with their risk to reoffend;
                    (B) utilize recognized treatment modalities that 
                are considered most effective in reducing rates of 
                reoffense; and
                    (C) manage offenders in the community utilizing a 
                risk management team approach.

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

SEC. 401. RESEARCH ON BEST PRACTICES TO OVERCOME STIGMA RELATED TO 
              MILITARY SEXUAL TRAUMA.

    It is the sense of Congress that the Secretary of Veterans Affairs, 
in cooperation with Secretary of Defense, should conduct research into 
best practices that allow veterans who have been victims of sexual 
assault while in the Armed Forces to overcome stigma in order to report 
the crime, seek treatment, and recover.

SEC. 402. TRAINING FOR DEPARTMENT OF VETERANS AFFAIRS PRIMARY CARE 
              PROVIDERS.

    (a) Training Required.--The Secretary of Veterans Affairs shall 
ensure that all primary care providers who are employed by the 
Department of Veterans Affairs (or who treat veterans for the 
Department on a fee or contract basis) receive training in--
            (1) effective screening methods for identifying veterans 
        who have suffered from military sexual trauma; and
            (2) the process for referring for appropriate treatment and 
        services veterans who are so identified.
    (b) Current Providers.--For those primary care providers referred 
to in subsection (a) who are employed as of the date of the enactment 
of this Act and who have not previously received the training described 
in such subsection, such training shall be completed not later than the 
end of the one-year period beginning on the date of the enactment of 
this Act.
    (c) Elements of Training.--The training under subsection (a) shall 
require that all primary care providers to be able to do the following:
            (1) Describe the Department of Veterans Affairs mandate and 
        the prevalence of military sexual trauma.
            (2) Describe the relevance of military sexual trauma to 
        Department of Veterans Affairs clinicians.
            (3) Identify the health correlates of sexual trauma.
            (4) Explain the effective screening methods for military 
        sexual trauma.
            (5) List the steps to be taken by a clinician when 
        responding to disclosure of military sexual trauma.
            (6) Explain the referral process of a patient who 
        experienced military sexual trauma to mental health and social 
        services.
            (7) Describe the mental health treatment for military 
        sexual trauma.
            (8) Describe the documentation requirements for military 
        sexual trauma treatment and compensation.
            (9) Explain the compensation issues associated with 
        military sexual trauma.
            (10) Describe the complex patient-provider relationship 
        issues associated with military sexual trauma.
            (11) Identify the risk factors that could cause post-
        traumatic stress disorder flares in military sexual trauma 
        survivors.
            (12) Define revictimization.
            (13) Assess intimate partner violence.
            (14) Describe treatment of acute sexual trauma victims.
            (15) Recognize how clinicians can care for themselves and 
        avoid burnout.

SEC. 403. PILOT PROGRAM ON WAYS TO IDENTIFY VETERANS WHO ARE VICTIMS OF 
              MILITARY SEXUAL TRAUMA.

    (a) Pilot Program.--The Secretary of Veterans Affairs shall conduct 
a pilot program to identify effective ways of screening and referral 
processes for primary care providers to identify veterans who are 
victims of military sexual trauma.
    (b) Duration.--The pilot program under this section shall be 
commenced not later than six months after the date of the enactment of 
this Act and shall be conducted for a period of three years.
    (c) Report.--Not later than one year after the date of the 
completion of the pilot program under this section, the Secretary shall 
submit to the Committees on Armed Services and on Veterans' Affairs of 
the Senate and House of Representatives a report on the Secretary's 
evaluation of the pilot program.

SEC. 404. PILOT PROGRAM ON TREATMENT OF ACTIVE-DUTY MILITARY PERSONNEL 
              THROUGH FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Pilot Program.--The Secretary of Veterans Affairs shall conduct 
a pilot program with the Secretary of Defense under which active-duty 
military personnel who are victims of military sexual trauma may be 
provided confidential treatment for such trauma through facilities of 
the Department of Veterans Affairs. The pilot program shall be carried 
out pursuant to a memorandum of agreement between the two Secretaries.
    (b) Duration.--The pilot program under this section shall be 
commenced not later than six months after the date of the enactment of 
this Act and shall be conducted for a period of three years.
    (c) Report.--Not later than one year after the date of the 
completion of the pilot program under this section, the Secretary of 
Veterans Affairs shall submit to the Committees on Armed Services and 
on Veterans' Affairs of the Senate and House of Representatives a 
report on the Secretary's evaluation of the pilot program.

                         TITLE V--OTHER MATTERS

                   Subtitle A--Administration Matters

SEC. 501. PERFORMANCE EVALUATIONS AND BENEFITS.

    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, and may not approve 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, or stalking 
        (as those terms are defined in section 102 of title 10, United 
        States Code); or
            (2) has received any other disciplinary action or adverse 
        personnel action on the basis of having engaged in domestic 
        violence, family violence, sexual assault, or stalking.

SEC. 502. CLOSURE OF ARTICLE 32 INVESTIGATIONS IN CASES OF SEXUAL 
              ASSAULT OR DOMESTIC VIOLENCE.

    Section 832 of title 10, United States Code (article 32 of the 
Uniform Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(f) In an investigation under this article that includes a charge 
or specification (or an uncharged offense included in the investigation 
pursuant to subsection (d)) of sexual assault or domestic violence, the 
investigating officer shall give particular consideration to closing 
the investigation to the public.''.

       Subtitle B--Enhancement of Servicemembers Civil Relief Act

SEC. 511. AMENDMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) Exception to Authority To Order Stays in Civil Proceedings.--
Section 202(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 522(b)(1)) is amended by inserting ``, except in the case of an 
order of protection or restraining order,'' after ``proceeding''.
    (b) Change in References From ``Dependents'' to ``Family 
Members''.--
            (1) Section 101(4) of such Act (50 U.S.C. App. 511(4)) is 
        amended--
                    (A) in the heading, by striking ``Dependent'' and 
                inserting ``Family Member''; and
                    (B) by striking ``dependent'' and inserting 
                ``family member''.
            (2) Such Act is further amended by striking ``dependent'' 
        and ``dependents'' each place they appear and inserting 
        ``family member'' and ``family members'', respectively.
            (3)(A) The heading for section 308 of such Act (50 U.S.C. 
        App. 538) is amended to read as follows:
``Sec. 308. Extension of protections to family members.''.
            (B) The item relating to such section in the table of 
        contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is 
        amended to conform to the amendment made by subparagraph (A).

  Subtitle C--Research on Prevalence, Needs Assessment, Services, and 
                             Accountability

SEC. 521. RESEARCH ON SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND FAMILY 
              VIOLENCE IN THE ARMED FORCES.

    (a) In General.--The Secretary of Defense, in conjunction with the 
Attorney General, shall carry out a comprehensive research study on the 
prevalence and nature of sexual assault, domestic violence, and family 
violence in the Armed Forces. To the extent that incidents of sexual 
assault are also incidents of domestic violence or family violence, 
research activities for the purpose of the study under this section can 
be conducted simultaneously and in collaboration. The research study 
shall include the identification of--
            (1) the common characteristics (if any) of victims of 
        sexual assault, domestic violence, and family violence;
            (2) the common characteristics (if any) of perpetrators of 
        sexual assault, domestic violence, and family violence;
            (3) the situations and environments in which sexual 
        assault, domestic violence, and family violence occur; and
            (4) the affect of deployments, duty stations, combat 
        service, and veteran and active duty status on sexual assault, 
        domestic violence, and family violence.
    (b) Categorization of Data.--The research study under this section 
shall be conducted with statistically significant random samples of men 
and women who are actively serving in each of the Armed Forces. The 
selection shall include enough men and women so that the data 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.
    (c) Protection of Human Subjects.--The Secretary shall ensure the 
confidentiality of each survey participant.
    (d) Data Analysis and Reporting.--Once data have been collected, 
the Secretary shall conduct appropriate analyses to determine the 
extent and nature of sexual assault, family violence, and domestic 
violence within the Armed Forces.
    (e) Report.--Not later than 36 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
providing the results of the study under this section. The report shall 
include the following:
            (1) The incidence and prevalence of sexual assault, family 
        violence, and domestic violence involving members of the Armed 
        Forces.
            (2) The number of legal, judicial, nonjudicial, and 
        rehabilitative responses to sexual assault and domestic 
        violence, disaggregated by service.
            (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 and accessibility of the 
        prevention and intervention programs available to members of 
        the Armed Forces and their families and partners and the 
        effectiveness of those programs at increasing victim safety.
            (5) Recommendations for improvements to Department of 
        Defense procedures and programs to prevent and intervene in 
        cases of sexual assault, family violence, and domestic violence 
        involving members of the Armed Forces.

SEC. 522. RESEARCH ON INSTITUTIONAL PROCEDURES FOR REPORTING SEXUAL 
              ASSAULT, DOMESTIC VIOLENCE, AND FAMILY VIOLENCE IN THE 
              ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall provide for a 
study to examine procedures undertaken after a military official 
receives a report of an incident of sexual assault, domestic violence, 
or family violence. The study shall be undertaken in consultation with 
the Attorney General.
    (b) Matters To Be Included.--The study under subsection (a) shall 
include an analysis of the following:
            (1) The adequacy of the publication of the definition 
        applicable to the Armed Forces of each of the following terms: 
        sexual assault, domestic violence, and family violence.
            (2) The publication of the Armed Forces policy for sexual 
        assault, domestic violence, and family violence.
            (3) The individuals to whom reports of sexual assault, 
        domestic violence, and family 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 presented to persons as 
        available to them if the become a victim of sexual assault, 
        domestic violence, and family violence, both as to--
                    (A) reporting and procedure options on military 
                installation; and
                    (B) reporting and procedure options outside of 
                military installations.
            (5) The resources available for victims' safety, support, 
        medical health, and confidentiality.
            (6) Policies and practices that may prevent or discourage 
        the report of sexual assaults, domestic violence, and family 
        violence to local crime authorities or that may otherwise 
        obstruct justice or interfere with the prosecution of 
        perpetrators of sexual assault, domestic violence, and family 
        violence.
            (7) Policies and procedures found successful in aiding the 
        report, and any ensuing investigation or prosecution, of sexual 
        assault, domestic violence, or family violence.
    (c) Report to Congress.--The Secretary shall submit to Congress a 
report on the study required by subsection (a) not later than one year 
after the date of the enactment of this Act.

SEC. 523. RESEARCH ON DATING VIOLENCE ASSOCIATED WITH THE ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall carry out a 
comprehensive research study on the prevalence and nature of intimate 
partner violence in the Armed Forces, including dating violence and 
violence among former spouses or partners who are cohabiting with or 
have cohabited with members of the Armed Forces. The study shall be 
carried out in cooperation with the Attorney General.
    (b) Matters To Be Included.--The study under subsection (a) shall 
include the identification of the common characteristics of--
            (1) both victims of intimate partner violence 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, and veteran, reserve or active duty, or combat status.
    (c) Categorization of Data.--The study under subsection (a) shall 
be conducted with statistically significant random 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 length of service in the Armed 
Forces.
    (d) Confidentiality of Subjects.--The Secretary shall ensure the 
confidentiality of each survey participant.
    (e) Data Analysis and Reporting.--Once data have been collected, 
the Secretary shall conduct appropriate analyses to determine the 
extent and nature of intimate violence within the Armed Forces, 
prevention, intervention and response, and needs of victims of intimate 
partner violence.
    (f) Report.--Not later than 36 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
providing the results of the study under this section. The report shall 
include 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 and accessibility of the 
        prevention and intervention programs available to victims who 
        are members on active duty and victims who are civilians and 
        the effectiveness of those programs at increasing victim 
        safety.
            (6) Recommendations for improvements to Department of 
        Defense procedures and programs to prevent and intervene in 
        cases of intimate partner violence.

SEC. 524. RESEARCH ON CHILD MALTREATMENT, ABUSE, AND HOMICIDE IN THE 
              ARMED FORCES.

    (a) Study Required.--The Secretary of Defense shall carry out a 
comprehensive research study on the prevalence and nature of child 
maltreatment, abuse, suicide, and homicide in the Armed Forces. The 
study shall be carried out in cooperation with the Secretary of Health 
and Human Services. The 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, suicide, or homicide occurs.
    (b) Sampling Techniques.--The research study under subsection (a) 
shall be conducted with statistically significant random samples. The 
selection shall include data collected across several broad subgroup 
categories, such as age, race, status, and rank in the Armed Forces.
    (c) Confidentiality.--The Secretary shall ensure the 
confidentiality of each survey participant.
    (d) Data Analysis and Reporting.--Once data have been collected, 
the Secretary shall conduct appropriate analyses to determine the 
extent and nature of child maltreatment, abuse, suicide, and homicide 
within the Armed Forces.
    (e) Report.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
providing the results of the study under this section. The report shall 
include the following:
            (1) The incidence and prevalence of child maltreatment, 
        abuse, suicide, and homicide involving members of the Armed 
        Forces.
            (2) A discussion of the legal, judicial, nonjudicial, and 
        rehabilitative responses to child maltreatment, abuse, suicide, 
        and homicide 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 victims of 
        child maltreatment, abuse, suicide, and homicide within the 
        Armed Forces.
            (5) Recommendations for a comprehensive strategy for 
        prevention and intervention in cases of child maltreatment, 
        abuse, suicide, and homicide.
                                 <all>