1.Short title; table of
contents
(a)This Act may be cited
as the Defense Sexual Trauma Response
Oversight and Good Governance Act
(the
Defense STRONG
Act
).
(b)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.
2.Director of
Sexual Assault Prevention and Response OfficeSection 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
.
3.Sexual Assault
Response Coordinators and Sexual Assault Victim Advocates
(a)Chapter 80 of title
10, United States Code, is amended by adding at the end the following new
section:
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)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)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.
.
4.Sexual assault victims
access to legal counsel and services of Sexual Assault Response Coordinators
and Sexual Assault Victim Advocates
(a)Chapter 53 of title 10, United States Code,
is amended by inserting after section 1044d the following new section:
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)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)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 outThe 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 immaterialIn 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 reportingA 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 reportingIndividuals 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)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)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 counselSection
1044(d)(3)(B) of such title is amended by striking sections 1044a,
1044b, 1044c, and 1044d
and inserting sections 1044a through
1044e
.
5.Confidentiality of
communications between sexual assault victims and Sexual Assault Response
Coordinators, Victim Advocates, and certain other persons
(a)Chapter 53 of title 10, United States Code,
is amended by inserting after section 1034 the following new section:
1034a.Privilege
against disclosure of certain communications for victims of sexual
assault
(a)Privileged
communicationsCommunications
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 privilegeThe
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)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 disclosureThe 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)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)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)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.
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)Chapter 50 of title
10, United States Code, is amended by adding at the end the following new
section:
993.Recordkeeping
requirement: medical and investigative records prepared in connection with
sexual assaults
(a)Permanent
retention of recordsThe
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)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 optionThe 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)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 affairsSubsection (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.
.
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)Chapter 39 of title
10, United States Code, is amended by inserting after section 672 the following
new section:
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 approvalTo 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)The
Secretaries of the military departments shall issue regulations to carry out
this section, within guidelines provided by the Secretary of
Defense.
.
(b)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.
.
8.Training and education
programs for sexual assault prevention and response programSubtitle 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:
1615.Improved
training and education programs
(a)Sexual assault
prevention and response training and education
(1)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 educationThe
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)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 educationThe 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)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)First responders referred to in paragraph (1) include
firefighters, emergency medical technicians, law enforcement officers, military
criminal investigators, healthcare personnel, judge advocates, and
chaplains.
.