HR 1529
112th CONGRESS
1st Session
H. R. 1529
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 HOUSE OF REPRESENTATIVES
April 13, 2011
Ms. TSONGAS (for herself, Mr. TURNER, Mr. HOLT, Mr. CLEAVER, Ms. DELAURO,
Mr. TOWNS, Mr. CONAWAY, Mrs. MCMORRIS RODGERS, Mr. DONNELLY of Indiana, Mr.
RANGEL, Mr. BARTLETT, Mr. MILLER of Florida, Ms. SPEIER, Mr. GRIJALVA, Ms.
WOOLSEY, Mr. FRANKS of Arizona, Mr. BRALEY of Iowa, Mr. RYAN of Ohio, and
Ms. PINGREE of Maine) introduced the following bill; which was 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 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) In developing the curriculum and other components of the program, the
Secretary of Defense shall work with experts outside of the Department of
Defense who are experts in victim advocacy and sexual assault prevention and
response training.
`(3) 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 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. 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.
`(c) Definitions- In this section:
`(1) The term `sexual assault' includes any of the offenses covered by section
920 of this title (article 120).
`(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 1034a the following new section:
`Sec. 1034b. 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.
`(4) Military legal assistance counsel.
`(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) Definitions- In this section:
`(1) The term `sexual assault' includes any of the offenses covered by section
920 of this title (article 120).
`(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:
`1034b. Privilege against disclosure of certain communications for victims
of sexual assault.'.
(c) Applicability- Section 1034b 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 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, investigative, and other
records prepared in connection with sexual assaults
`(a) Permanent Retention of Records- The Secretary of Defense shall establish
a system for tracking and maintaining for not less than 100 years 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 dependents of a member to ensure
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.
`(4) Investigative records prepared in connection with a sexual assault.
`(5) Such other information and reports as the Secretary of Defense considers
appropriate.
`(c) Victim Access- The Secretary of Defense shall ensure that the victim
of the sexual assault for which the records described in subsection (b) are
prepared has permanent access to the records.
`(d) 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 Records 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 Certain Records to Department of Veterans Affairs- (1)
In the case of members described in paragraph (2), the Secretary concerned
shall transmit (subject to the consent of the member) to the Secretary of
Veterans Affairs the following records:
`(A) a copy of the service medical record of the member, including the results
of any Physical Evaluation Board held with regard to the member.
`(B) Any records maintained pursuant to section 993(b) of this title pertaining
to the member.
`(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.'.
(c) Copy of Record of Court-Martial to Victim of Sexual Assault- Section 854
of title 10, United States Code (article 54 of the Uniform Code of Military
Justice), is amended by adding at the end the following new subsection:
`(e) In the case of a general or special court-martial involving a sexual
assault or other offense covered by section 920 of this title (article 120),
a copy of the prepared record of the proceedings of the court-martial shall
be given to the victim of the offence if the victim testified during the proceedings.
The record of the proceedings shall be provided without charge and as soon
as the record is authenticated. The victim shall be notified of the opportunity
to receive the record of the proceedings.'.
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) 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 CURRICULUM- Not later than one year after the date of
the enactment of this Act, the Secretary of each military department shall
develop a curriculum 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. In developing the curriculum, the Secretary shall work with experts
outside of the Department of Defense who are experts sexual assault prevention
and response training.
`(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.'.
END
