[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1018 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1018

  To amend title 10, United States Code, and the Ike Skelton National 
     Defense Authorization Act for Fiscal Year 2011 to provide for 
implementation of additional recommendations of the Defense Task Force 
              on Sexual Assault in the Military Services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2011

Mr. Kerry (for himself and Ms. Collins) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, and the Ike Skelton National 
     Defense Authorization Act for Fiscal Year 2011 to provide for 
implementation of additional recommendations of the Defense Task Force 
              on Sexual Assault in the Military Services.

    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 ``Defense Sexual 
Trauma Response Oversight and Good Governance Act'' (the ``Defense 
STRONG Act'').
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Director of Sexual Assault Prevention and Response Office.
Sec. 3. Sexual Assault Response Coordinators and Sexual Assault Victim 
                            Advocates.
Sec. 4. Sexual assault victims access to legal counsel and services of 
                            Sexual Assault Response Coordinators and 
                            Sexual Assault Victim Advocates.
Sec. 5. Confidentiality of communications between sexual assault 
                            victims and Sexual Assault Response 
                            Coordinators, Victim Advocates, and certain 
                            other persons.
Sec. 6. Retention of medical and investigative records prepared in 
                            connection with sexual assaults involving 
                            members of the Armed Forces or dependents 
                            of members.
Sec. 7. Expedited consideration and priority for application for 
                            consideration of a permanent change of 
                            station or unit transfer based on 
                            humanitarian conditions for victim of 
                            sexual assault.
Sec. 8. Training and education programs for sexual assault prevention 
                            and response program.

SEC. 2. DIRECTOR OF SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

    Section 1611(a) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is 
amended by adding before the period at the end of the first sentence 
the following: ``, who shall be appointed from among general or flag 
officers of the Armed Forces or employees of the Department of Defense 
in a comparable Senior Executive Service position''.

SEC. 3. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM 
              ADVOCATES.

    (a) Assignment and Training.--Chapter 80 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault 
              Response Coordinators and Victim Advocates
    ``(a) Assignment of Coordinators.--(1) At least one full-time 
Sexual Assault Response Coordinator shall be assigned to each brigade 
or equivalent unit level of the armed forces. The Secretary of the 
military department concerned may assign additional Sexual Assault 
Response Coordinators as necessary based on the demographics or needs 
of the unit. An additional Sexual Assault Response Coordinator may 
serve on a full-time or part-time basis at the discretion of the 
Secretary.
    ``(2) Effective October 1, 2013, only members of the armed forces 
and civilian employees of the Department of Defense may be assigned to 
duty as a Sexual Assault Response Coordinator.
    ``(b) Assignment of Victim Advocates.--(1) At least one full-time 
Sexual Assault Victim Advocate shall be assigned to each brigade or 
equivalent unit level of the armed forces. The Secretary of the 
military department concerned may assign additional Victim Advocates as 
necessary based on the demographics or needs of the unit. An additional 
Victim Advocate may serve on a full-time or part-time basis at the 
discretion of the Secretary.
    ``(2) Effective October 1, 2013, only members of the armed forces 
and civilian employees of the Department of Defense may be assigned to 
duty as a Victim Advocate.
    ``(c) Training and Certification.--(1) As part of the sexual 
assault prevention and response program, the Secretary of Defense shall 
establish a professional and uniform training and certification program 
for Sexual Assault Response Coordinators assigned under subsection (a) 
and Sexual Assault Victim Advocates assigned under subsection (b). The 
program shall be structured and administered in a manner similar to the 
professional training available for Equal Opportunity Advisors through 
the Defense Equal Opportunity Management Institute.
    ``(2) Effective October 1, 2013, before a member or civilian 
employee may be assigned to duty as a Sexual Assault Response 
Coordinator under subsection (a) or Victim Advocate under subsection 
(b), the member or employee must have completed the training program 
required by paragraph (1) and obtained the certification.
    ``(d) Definitions.--In this section:
            ``(1) The term `armed forces' means the Army, Navy, Air 
        Force, and Marine Corps.
            ``(2) The term `sexual assault prevention and response 
        program' has the meaning given such term in section 1601(a) of 
        the Ike Skelton National Defense Authorization Act for Fiscal 
        Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1568. Sexual assault prevention and response: Sexual Assault Response 
                            Coordinators and Victim Advocates.''.

SEC. 4. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND SERVICES OF 
              SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT 
              VICTIM ADVOCATES.

    (a) Access.--Chapter 53 of title 10, United States Code, is amended 
by inserting after section 1044d the following new section:
``Sec. 1044e. Victims of sexual assault: access to legal assistance and 
              services of Sexual Assault Response Coordinators and 
              Sexual Assault Victim Advocates
    ``(a) Availability of Legal Assistance and Victim Advocate 
Services.--
            ``(1) Members.--A member of the armed forces or a dependent 
        of a member of the armed forces who is the victim of a sexual 
        assault is entitled to--
                    ``(A) legal assistance provided by a military legal 
                assistance counsel certified as competent to provide 
                such duties pursuant to section 827(b) of this title 
                (article 27(b) of the Uniform Code of Military 
                Justice);
                    ``(B) assistance provided by a qualified Sexual 
                Assault Response Coordinator; and
                    ``(C) assistance provided by a qualified Sexual 
                Assault Victim Advocate.
            ``(2) Dependents.--To the extent practicable, the Secretary 
        of a military department shall make the assistance described in 
        paragraph (1) available to a dependent of a member of the armed 
        forces who is the victim of a sexual assault and resides on or 
        in the vicinity of a military installation at that military 
        installation. The Secretary concerned shall define the term 
        `vicinity' for purposes of this paragraph.
            ``(3) Notice of availability of assistance; opt out.--The 
        member or dependent shall be informed of the availability of 
        assistance under this subsection as soon as the member or 
        dependent seeks assistance from a Sexual Assault Response 
        Coordinator or any other responsible member of the armed forces 
        or Department of Defense civilian employee. The victim shall 
        also be informed that the legal assistance and services of a 
        Sexual Assault Response Coordinator and Sexual Assault Victim 
        Advocate are optional and these services may be declined, in 
        whole or in part, at any time.
            ``(4) Nature of reporting immaterial.--In the case of a 
        member of the armed forces, access to legal assistance and the 
        services of Sexual Assault Response Coordinators and Sexual 
        Assault Victim Advocates are available regardless of whether 
        the member elects unrestricted or restricted (confidential) 
        reporting of the sexual assault.
    ``(b) Restricted Reporting Option.--
            ``(1) Availability of restricted reporting.--A member of 
        the armed forces who is the victim of a sexual assault may 
        confidentially disclose the details of the assault to an 
        individual specified in paragraph (2) and receive medical 
        treatment, legal assistance, or counseling, without triggering 
        an official investigation of the allegations.
            ``(2) Persons covered by restricted reporting.--Individuals 
        covered by paragraph (1) are the following:
                    ``(A) Military legal assistance counsel.
                    ``(B) Sexual Assault Response Coordinator.
                    ``(C) Sexual Assault Victim Advocate.
                    ``(D) Personnel staffing the DOD Safe Helpline or 
                successor operation.
                    ``(E) Healthcare personnel.
                    ``(F) Chaplain.
    ``(c) Definitions.--In this section:
            ``(1) The term `sexual assault' includes any of the 
        offenses covered by section 920 of this title (article 120 of 
        the Uniform Code of Military Justice).
            ``(2) The term `military legal assistance counsel' means--
                    ``(A) a judge advocate (as defined in section 
                801(13) of this title (article 1(13) of the Uniform 
                Code of Military Justice)); or
                    ``(B) a civilian attorney serving as a legal 
                assistance officer under the provisions of section 1044 
                of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1044d the following new item:

``1044e. Victims of sexual assault: access to legal assistance and 
                            services of Sexual Assault Response 
                            Coordinators and Sexual Assault Victim 
                            Advocates.''.
    (c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections 
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through 
1044e''.

SEC. 5. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT 
              VICTIMS AND SEXUAL ASSAULT RESPONSE COORDINATORS, VICTIM 
              ADVOCATES, AND CERTAIN OTHER PERSONS.

    (a) Access.--Chapter 53 of title 10, United States Code, is amended 
by inserting after section 1034 the following new section:
``Sec. 1034a. Privilege against disclosure of certain communications 
              for victims of sexual assault
    ``(a) Privileged Communications.--Communications between a member 
of the armed forces or a dependent of a member of the armed forces who 
is the victim of a sexual assault and a person specified in subsection 
(b), and records of such communications created by or for the 
Department of Defense, are confidential and privileged.
    ``(b) Communications Covered by Privilege.--The privilege granted 
by subsection (a) applies to communications between a member of the 
armed forces or a dependent of a member of the armed forces who is the 
victim of a sexual assault and any of the following persons:
            ``(1) Sexual Assault Response Coordinator.
            ``(2) Sexual Assault Victim Advocate.
            ``(3) Personnel staffing the DOD Safe Helpline or successor 
        operation.
    ``(c) Consent Exception.--Without the consent of the member or 
dependent involved, any communication or record referred to in 
subsection (a) may not be--
            ``(1) subject to discovery or admitted into evidence in any 
        judicial or administrative proceeding; or
            ``(2) disclosed to any person or entity.
    ``(d) Relation to Other Privileges Against Disclosure.--The 
privilege granted by subsection (a) is in addition to any other 
privilege against disclosure that may exist with regard to 
communications between a victim of a sexual assault and another person.
    ``(e) Sexual Assault Defined.--In this section, the term `sexual 
assault' includes any of the offenses covered by section 920 of this 
title (article 120 of the Uniform Code of Military Justice).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1034 the following new item:

``1034a. Privilege against disclosure of certain communications for 
                            victims of sexual assault.''.
    (c) Applicability.--Section 1034a of title 10, United States Code, 
as added by subsection (a), applies to communications described in such 
section whether made before, on, or after the date of the enactment of 
this Act.

SEC. 6. RETENTION OF MEDICAL AND INVESTIGATIVE RECORDS PREPARED IN 
              CONNECTION WITH SEXUAL ASSAULTS INVOLVING MEMBERS OF THE 
              ARMED FORCES OR DEPENDENTS OF MEMBERS.

    (a) Retention and Confidentiality of Sexual Assault Records.--
            (1) In general.--Chapter 50 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 993. Recordkeeping requirement: medical and investigative 
              records prepared in connection with sexual assaults
    ``(a) Permanent Retention of Records.--The Secretary of Defense 
shall establish a system for tracking and permanently maintaining the 
records described in subsection (b) that are prepared by personnel of 
the Department of Defense or obtained by the Department in connection 
with a sexual assault involving a member of the armed forces or a 
dependent of a member to guarantee future access to the records.
    ``(b) Covered Records.--The recordkeeping requirement imposed by 
subsection (a) applies to the following:
            ``(1) Department of Defense Form 2910, regarding the victim 
        reporting preference statement, or any successor document.
            ``(2) Department of Defense Form 2911, regarding the 
        forensic medical report prepared in the case of a sexual 
        assault examination, or any successor document.
            ``(3) Medical records.
            ``(4) Investigative records prepared in connection with a 
        sexual assault.
            ``(5) Such other information and reports as the Secretary 
        of Defense considers appropriate.
    ``(c) Protection of Restricted Reporting Option.--The Secretary of 
Defense shall ensure that the recordkeeping system established pursuant 
to this section does not jeopardize the confidentiality of the 
restricted reporting option available under section 1044e(b) of this 
title to a victim of a sexual assault.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``993. Recordkeeping requirement: medical and investigative records 
                            prepared in connection with sexual 
                            assaults.''.
    (b) Transmittal of Medical Information to Department of Veterans 
Affairs.--Subsection (c) of section 1142 of title 10, United States 
Code, is amended to read as follows:
    ``(c) Transmittal of Medical Information to Department of Veterans 
Affairs.--(1) In the case of a member described in paragraph (2), the 
Secretary concerned shall transmit (subject to the consent of the 
member) a copy of the service medical record of the member, including 
the results of any Physical Evaluation Board held with regard to the 
member, to the Secretary of Veterans Affairs.
    ``(2) Paragraph (1) applies with respect to the following members:
            ``(A) A member being medically separated or retired under 
        chapter 61 of this title.
            ``(B) A member who was the victim of a sexual assault.
    ``(3) The copy of the service medical record shall be transmitted 
within 60 days of the separation or retirement of the member.
    ``(4) In the case of the transmittal of medical records of a member 
described in paragraph (2)(B), the Secretary concerned shall include 
such other information as may be necessary to assist the member 
establishing a claim for a service-connected disability.''.

SEC. 7. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR 
              CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT 
              TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF 
              SEXUAL ASSAULT.

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

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

SEC. 8. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION 
              AND RESPONSE PROGRAM.

    Subtitle A of title XVI of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 
1561 note) is amended by adding at the end the following new section:

``SEC. 1615. IMPROVED TRAINING AND EDUCATION PROGRAMS.

    ``(a) Sexual Assault Prevention and Response Training and 
Education.--
            ``(1) Development of curricula.--Not later than one year 
        after the date of the enactment of this section, the Secretary 
        of each military department shall develop curricula to provide 
        sexual assault prevention and response training and education 
        for members of the Armed Forces under the jurisdiction of the 
        Secretary and civilian employees of the military department to 
        strengthen individual knowledge, skills, and capacity to 
        prevent and respond to sexual assault.
            ``(2) Scope of training and education.--The sexual assault 
        prevention and response training and education shall encompass 
        initial entry and accession programs, annual refresher 
        training, professional military education, peer education, and 
        specialized leadership training. Training shall be tailored for 
        specific leadership levels and local area requirements.
            ``(3) Consistent training.--The Secretary of Defense shall 
        ensure that the sexual assault prevention and response training 
        provided to members of the Armed Forces and Department of 
        Defense civilian employees is consistent throughout the 
        military departments.
    ``(b) Inclusion in Professional Military Education.--The Secretary 
of Defense shall provide for the inclusion of a sexual assault 
prevention and response training module at each level of professional 
military education. The training shall be tailored to the new 
responsibilities and leadership requirements of members of the Armed 
Forces as they are promoted.
    ``(c) Inclusion in First Responder Training.--
            ``(1) In general.--The Secretary of Defense shall direct 
        that managers of specialty skills associated with first 
        responders described in paragraph (2) integrate sexual assault 
        response training in initial and recurring training courses.
            ``(2) Covered first responders.--First responders referred 
        to in paragraph (1) include firefighters, emergency medical 
        technicians, law enforcement officers, military criminal 
        investigators, healthcare personnel, judge advocates, and 
        chaplains.''.
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