[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1517

To amend titles 10 and 28, United States Code, to provide for military 
  sexual assault and domestic violence accountability, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2011

 Mr. Braley of Iowa (for himself, Mr. Poe of Texas, Ms. Slaughter, Mr. 
Filner, Ms. Pingree of Maine, and Ms. Speier) introduced the following 
  bill; which was referred to the Committee on Armed Services, and in 
    addition to the Committee on the Judiciary, 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 amend titles 10 and 28, United States Code, to provide for military 
  sexual assault and domestic violence accountability, 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.

    This Act may be cited as the ``Holley Lynn James Act''.

SEC. 2. DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT AND DOMESTIC 
              VIOLENCE.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 130e. Policy on sexual assault and domestic violence
    ``(a) Office of the Deputy Inspector General for Policy and 
Oversight.--The Deputy Inspector General for Policy and Oversight of 
the Department of Defense shall develop and maintain a Department-wide 
sexual assault prevention and response policy and domestic violence 
policy and shall provide oversight within the Department with respect 
to such policies. The Deputy Inspector General shall--
            ``(1) develop overall policy and provide guidance for the 
        Sexual Assault Prevention and Response Program of the 
        Department;
            ``(2) develop overall policy and provide guidance for 
        domestic violence prevention and response within the 
        Department;
            ``(3) provide guidance and technical assistance to the 
        heads of the military departments in addressing matters 
        concerning sexual assault and domestic violence prevention and 
        response;
            ``(4) develop strategic program guidance, joint planning 
        objectives, and identify legislative changes needed to ensure 
        the future availability of resources in support of Department 
        sexual assault and domestic violence prevention and response 
        policies;
            ``(5) maintain sexual assault and domestic violence data 
        collected from each of the military departments;
            ``(6) acquire the quarterly and annual sexual assault 
        prevention and response data from each of the military 
        departments and assemble the annual reports involving members 
        of the Armed Forces;
            ``(7) ensure that the annual report required to be 
        submitted under section 577(f) of the Ronald W. Reagan National 
        Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 10 U.S.C. 116 note) includes information on the commands 
        of the victim and accused in any sexual assault or domestic 
        violence case;
            ``(8) develop metrics to measure compliance and the 
        effectiveness of sexual assault and domestic violence 
        prevention and response training and awareness objectives;
            ``(9) review and analyze data collected by the head of each 
        of the military departments;
            ``(10) establish reporting categories and monitor specific 
        goals for use in producing the Secretary's annual assessment of 
        each military department required under section 577(f)(3) of 
        such Act;
            ``(11) collaborate with appropriate Federal and State 
        agencies that address sexual assault and domestic violence 
        prevention and response issues and serve as liaison to the 
        committees and advisory groups of such agencies, as 
        appropriate; and
            ``(12) ensure the maintenance of documents relating to--
                    ``(A) complaints of sexual assault and domestic 
                violence;
                    ``(B) trials of members of the Armed Forces for 
                sexual assault and domestic violence; and
                    ``(C) any medical treatment received by an alleged 
                victim of sexual assault or domestic violence for 
                complete reporting in the service records of the 
                victim.
    ``(b) Responsibilities of the Secretary of Defense.--The Secretary 
of Defense shall--
            ``(1) cooperate with the oversight, investigations, and 
        policy advice of the Deputy Inspector General for Policy and 
        Oversight in accordance with the Inspector General Act of 1978 
        (Public Law 95-452; 5 U.S.C. App.); and
            ``(2) acting through the General Counsel of the Department 
        of Defense, provide advice and assistance to the Deputy 
        Inspector General for Policy and Oversight on all legal 
        matters, including the review and coordination of all proposed 
        policies, regulations, directives, instructions, and proposed 
        exceptions to policy and the review of all legislative 
        proposals affecting the responsibilities of the Deputy 
        Inspector General under subsection (a).
    ``(c) Reporting Requirements.--The Deputy Inspector General for 
Policy and Oversight shall determine the feasibility of establishing a 
database that would be known as the `Military Sexual Predator 
Database'. Such a database would include--
            ``(1) the capability to report and register sex offenders 
        who are members of the Armed Forces; and
            ``(2) the capability to effectively coordinate with the 
        National Sex Offender Registry established under section 119 of 
        the Adam Walsh Child Protection and Safety Act of 2006 (42 
        U.S.C. 16919).
    ``(d) Authorization for Additional Personnel.--For the purposes of 
completing the functions of this section, the Deputy Inspector General 
may select, appoint, and employ such officers and employees as may be 
necessary for carrying out the duties of the Inspector General, subject 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``130e. Policy on sexual assault and domestic violence.''.

SEC. 3. DISPOSITION OF RAPE, SEXUAL ASSAULT OR SEXUAL HARASSMENT AND 
              DOMESTIC VIOLENCE CASES WITHIN THE UNIFORM CODE OF 
              MILITARY JUSTICE.

    (a) Amendment to Title 10.--Subchapter XI of chapter 47 of title 
10, United States Code, is amended by adding at the end the following 
new section:
``Sec. 940A. Art. 140A. Disposition of rape, sexual assault, sexual 
              harassment, and domestic violence cases
    ``(a) Special Disposition.--Notwithstanding any other provision of 
law, there shall be special disposition for charges stemming from a 
sexual-related offense and charges involving an allegation of domestic 
violence committed by a member of the Armed Forces as follows:
            ``(1) A case involving such charges shall automatically be 
        referred to a general court-martial convening authority, as 
        described in section 818 of this title (article 18).
            ``(2) The staff judge advocate shall provide detailed 
        billets for prosecutors in cases involving allegations of rape 
        or sexual assault, to be filled by a field-grade officer of the 
        Judge Advocate General's Corps with a rank of O-4 or higher.
            ``(3) In a case involving an accusation of rape, sexual 
        assault, harassment, or domestic violence, the facts of the 
        case shall be given precedence over the value to the service of 
        the accused.
            ``(4) In a case involving an accusation of rape, sexual 
        assault, or harassment, the accused will not be eligible for 
        non-judicial punishment or administrative punishment if found 
        guilty.
    ``(b) Victim's Rights.--A victim in a case involving allegations of 
rape, sexual assault, harassment, or domestic violence shall have 
rights as follows:
            ``(1) The Secretary concerned shall provide counsel for the 
        victim, in the same manner as counsel is provided for an 
        accused under section 827(b) of this title (article 27), for 
        any investigation or courts-martial proceeding relating to the 
        case.
            ``(2) All communications between a victim and a victim's 
        advocates or the victim's counsel shall be considered 
        privileged communications for purposes of the case and any 
        proceedings relating to the case.
            ``(3) A victim may appeal the decision of a general court 
        martial in the case to the appropriate Court of Criminal 
        Appeals under section 866 of this title (article 66).
    ``(c) Revision of Manual for Courts-Martial.--The Joint Service 
Committee on Military Justice shall amend the Manual for Courts-Martial 
to reflect this section, with especially section 306 of such manual 
concerning disposition.
    ``(d) Purpose.--The purpose of this section is to assure proper 
treatment of sexual assault cases in military judicial system, remove 
cases from chain of command that may contain both victim and accused, 
prevent non-judicial punishment and determination being decided in case 
by unqualified personnel without legal experience, considers the rights 
of the victim.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
such chapter is amended by adding at the end of the items relating to 
subchapter XI the following new item:

``940A. Art. 140A. Disposition of rape, sexual assault, sexual 
                            harassment, and domestic violence cases.''.

SEC. 4. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE 
              UNITED STATES FOR CERTAIN INJURIES RELATING TO OR ARISING 
              OUT OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE.

    (a) In General.--Chapter 171 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2681. Certain claims by members of the Armed Forces of the 
              United States
    ``(a) Notwithstanding section 2680, a claim may be brought against 
the United States under this chapter for damages or other appropriate 
relief for any act or omission related to or arising out of covered 
assaultive conduct or failure to prevent or properly investigate or 
prosecute covered assaultive conduct.
    ``(b) In this section, the term `covered assaultive conduct' means 
sexual assault or harassment, domestic violence, assault and battery, 
intentional infliction of emotional distress, false imprisonment, or 
discrimination or negligent hiring, supervision, promotion, or 
retention.
    ``(c) For purposes of claims brought under this section, in the 
case of an act or omission occurring outside the United States--
            ``(1) the law that applies to the act or omission shall be 
        the law of the place where the claimant is domiciled within the 
        United States, or, if there is no place where the claimant is 
        so domiciled, the law of the place the claimant has identified 
        as the claimant's home of record for military purposes; and
            ``(2) any choice-of-law rules which would require the 
        application of foreign or international law shall be 
        disregarded.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 171 of title 28, United States Code, is amended by adding at 
the end the following:

``2681. Certain claims by members of the Armed Forces of the United 
                            States.''.
                                 <all>