[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3311 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3311

To improve and enhance the capabilities of the Department of Defense to 
  prevent and respond to sexual assault in the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2010

   Mr. Kerry introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To improve and enhance the capabilities of the Department of Defense to 
  prevent and respond to sexual assault in the Armed Forces, 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. ENHANCEMENT OF PROCEDURES FOR COMMUNICATIONS BY MEMBERS OF 
              THE ARMED FORCES REGARDING ALLEGATIONS OF SEXUAL ASSAULT.

    (a) Judge Advocates To Be Recipients of Restricted Reporting of 
Allegations Without Triggering Official Investigative Process.--The 
officials who are authorized to receive a restricted reporting by a 
member of the Armed Forces of an allegation of sexual assault without 
resulting in the initiation of an official investigative process with 
respect to the allegation shall include judge advocates.
    (b) Privileged Nature of Communications Between Members and Victim 
Advocates.--
            (1) In general.--The Secretary of Defense shall modify the 
        Military Rules of Evidence to provide that a member of the 
        Armed Forces who alleges sexual assault shall have the 
        privilege to refuse to disclose, and to prevent any other 
        person from disclosing, a confidential communication made 
        between the member and a Victim Advocate (VA), in a case 
        arising under chapter 47 of title 10, United States Code (the 
        Uniform Code of Military Justice), or chapter 47A of title 10, 
        United States Code (relating to military commissions), if the 
        communication was made for the purpose of facilitating victim 
        advocacy for the member with respect to the allegation. The 
        privilege shall be similar in scope and exceptions, and the 
        privilege shall be administered in a manner similar, to the 
        psychotherapist-patient privilege under Rule 513 of the 
        Military Rules of Evidence.
            (2) Confidential defined.--In this subsection, the term 
        ``confidential'', in the case of a communication, means not 
        intended to be disclosed to third persons other than those to 
        whom disclosure is in furtherance of victim advocacy or those 
        reasonably necessary for the transmission of the communication.
    (c) Other Definitions.--In this section, the terms ``official 
investigative process'', ``restricted reporting'', and ``unrestricted 
reporting'' have the meaning given such terms in Department of Defense 
Directive 6495.01, dated October 6, 2005 (as amended).

SEC. 2. REQUIREMENTS AND LIMITATIONS REGARDING SEXUAL ASSAULT RESPONSE 
              COORDINATORS AND VICTIM ADVOCATES.

    (a) Limitation on Personnel Discharging SARC Functions.--
            (1) In general.--Each Sexual Assault Response Coordinator 
        (SARC) shall be a member of the Armed Forces on active duty or 
        a full-time civilian employee of the Department of Defense.
            (2) Prohibition on discharge by contractor personnel.--A 
        contractor or employee of a contractor of the Federal 
        Government may not serve or act as, or discharge the functions 
        of, a Sexual Assault Response Coordinator.
    (b) Minimum Number of VAs.--Each battalion of the Armed Forces 
shall be assigned not less than one Victim Advocate (VA) who is a 
member of the Armed Forces on active duty or a full-time civilian 
employee of the Department of Defense.
    (c) Training and Certification.--
            (1) Training and certification for sarcs.--The Secretary of 
        Defense shall, in consultation with the National Organization 
        of Victim Advocates (NOVA), carry out a program as follows:
                    (A) To provide standardized training for all 
                individuals who will serve as Sexual Assault Response 
                Coordinators on matters relating to sexual assault in 
                the Armed Forces.
                    (B) To certify individuals who successfully 
                complete training provided pursuant to subparagraph (A) 
                as qualified for the discharge of the functions of 
                Sexual Assault Response Coordinator.
            (2) Participation of vas.--The Secretary shall permit 
        individuals who will serve as a Victim Advocate to participate 
        in training provided pursuant to paragraph (1)(A) if such 
        training is not otherwise provided or available to such 
        individuals through individuals certified as Sexual Assault 
        Response Coordinators under paragraph (1)(B).
    (d) Definitions.--In this section, the term ``Sexual Assault 
Response Coordinator'' and ``Victim Advocate'' have the meaning given 
such terms in Department of Defense Directive 6495.01, dated October 6, 
2005 (as amended).

SEC. 3. REQUIREMENTS FOR THE SEXUAL ASSAULT PREVENTION AND RESPONSE 
              PROGRAM.

    (a) SES Position for Director of SAPRO.--The position of Director 
of the Sexual Assault Prevention and Response Office (SAPRO) of the 
Department of Defense shall be a position in the Senior Executive 
Service (SES).
    (b) Standardization of Program.--The Secretary of Defense shall 
take appropriate actions to standardize and update programs and 
activities relating to sexual assault prevention and response across 
the Armed Forces and the military departments. Such actions shall 
include the following:
            (1) The establishment of common organizational structures 
        for organizations in the Armed Forces and the military 
        departments responsible for sexual assault prevention and 
        response activities in order to achieve commonality in the 
        structure of such organizations and their discharge of their 
        functions.
            (2) The standardization of terminology on sexual assault 
        prevention and response to be utilized by the organizations 
        described in paragraph (1), the Armed Forces, and the military 
        departments.
            (3) The establishment of position descriptions for 
        positions in the Armed Forces and the military departments 
        charged with sexual assault prevention and response duties, and 
        the specification of the responsibilities of such positions.
            (4) The establishment of minimum standards for programs and 
        activities of the Armed Forces and the military departments 
        relating to sexual assault prevention and response.
            (5) Such other actions as the Secretary considers 
        appropriate.

SEC. 4. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING IN PROFESSIONAL 
              MILITARY EDUCATION.

    The Secretary of Defense shall, in consultation with the 
Secretaries of the military departments, ensure that training on sexual 
assault prevention and response is provided to members of the Armed 
Forces at each level of professional military education (PME) for 
members of the Armed Forces. Such training shall, to the extent 
practicable, be uniform across the Armed Forces.

SEC. 5. SEXUAL ASSAULT DEFINED.

    In this Act, the term ``sexual assault'' has the meaning given that 
term in Department of Defense Directive 6495.01, dated October 6, 2005 
(as amended).
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