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 processThe 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)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)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)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).
2.Requirements and
limitations regarding Sexual Assault Response Coordinators and Victim
Advocates
(a)Limitation on
personnel discharging SARC functions
(1)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 personnelA 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)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 SARCsThe 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)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)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).
3.Requirements for
the Sexual Assault Prevention and Response Program
(a)SES position
for Director of SAPROThe 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 programThe 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.
4.Sexual assault
prevention and response training in professional military
educationThe 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.
5.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).