HR 1709
112th CONGRESS
1st Session
H. R. 1709
To prevent and end the occurrence of sexual assaults involving members
of the Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
May 4, 2011
Ms. SLAUGHTER introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To prevent and end the occurrence of sexual assaults involving members
of the Armed Forces.
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 `Force Protection and Readiness
Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sexual Assault Victim Advocate, victim service organization, and
health care professional privileges in cases arising under Uniform Code
of Military Justice.
Sec. 3. 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. 4. Codification of required information database on sexual assault
incidents involving members of the Armed Forces.
Sec. 5. Establishment of hotline to improve reporting of sexual assaults
involving members of the Armed Forces.
Sec. 6. Assignment and training of Sexual Assault Victim Advocates.
Sec. 7. Provision of court-martial record to victim of sexual assault involving
a member of the Armed Forces.
Sec. 8. Legal training for judge advocates to improve investigation and
prosecution of sexual assault offenses.
SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERVICE ORGANIZATION, AND
HEALTH CARE PROFESSIONAL PRIVILEGES IN CASES ARISING UNDER UNIFORM CODE OF
MILITARY JUSTICE.
(a) Privileges Established-
(1) IN GENERAL- Subchapter XI of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended by adding at the end
the following new section:
`Sec. 940a. Art. 140a. Privilege for communication with Sexual Assault Victim
Advocate, victim service organization, or health care professional
`(a) Definitions- In this section:
`(1) The term `client' means a person who consults with or is examined or
interviewed by a Sexual Assault Victim Advocate of the Department of Defense,
a victim service organization or any representative of the organization,
or a health care professional or any representative of the professional.
`(2) The term `victim service organization' means an organization (whether
public or private) that provides advice, counseling, or assistance to victims
of domestic violence, family violence, dating violence, stalking, or sexual
assault, or to the families of such victims.
`(3) The term `representative', with respect to an organization or professional,
means a person directed by or assigned to assist that organization or professional,
respectively, in providing advice, counseling, treatment, or assistance.
`(4) The term `confidential communication' means a communication not intended
to be disclosed to third persons other than--
`(A) those persons to whom disclosure is in furtherance of providing advice,
counseling, treatment, or assistance to the client; and
`(B) those persons reasonably necessary for facilitating disclosure under
subparagraph (A).
`(b) General Rule of Privilege- (1) A client has a privilege to refuse to
disclose, and to prevent any other person from disclosing, in a case arising
under this chapter, a confidential communication made between the client and
a person or entity specified in paragraph (2) if such communication was made
for the purpose of securing advice, counseling, treatment, or assistance concerning
the client's mental, physical, or emotional condition caused by a sexual assault
or other offense covered by section 920 of this title (article 120).
`(2) The privilege afforded by paragraph (1) applies to confidential communications
with--
`(A) any operator or recording device of the Department of Defense sexual
assault reporting hotline;
`(B) a Sexual Assault Victim Advocate;
`(C) a victim service organization or any representative of the organization;
and
`(D) a health care professional or any representative of the professional.
`(3) A person referred to in paragraph (2) shall notify clients as soon as
practicable of the existence of the privilege afforded by paragraph (1).
`(c) Emergency Shelter Protection- A client or representative of a client
may not be compelled to provide testimony in a case arising under this chapter
(or other disciplinary or administrative proceeding of an armed force) that
would identify--
`(1) the name, address, location, or telephone number of a safe house, abuse
shelter, or other facility that provided temporary emergency shelter to
the victim of the offense or transaction that is the subject of the proceeding;
or
`(2) the name, address, or telephone number of a victim representative.
`(d) Who May Claim the Privilege- The privilege under subsection (b) or (c)
may be claimed by the client or the guardian or conservator of the client.
A person who may claim the privilege may authorize trial counsel or defense
counsel to claim the privilege on his or her behalf. The Sexual Assault Victim
Advocate, victim service organization, health care professional, or representative
who received the communication may claim the privilege on behalf of the client.
The authority of the Sexual Assault Victim Advocate, organization, professional,
representative, guardian, or conservator to assert the privilege is presumed
in the absence of evidence to the contrary.
`(e) Exceptions- There is no privilege under this section--
`(1) when the client is dead, except for the privilege under subsection
(c);
`(2) to the extent the communication reports child abuse;
`(3) when a Sexual Assault Victim Advocate, victim service organization,
health care professional, or representative believes that a mental or emotional
condition of the client makes the client a danger to any person, including
the client; or
`(4) if the communication clearly contemplated the future commission of
a fraud or crime or if the services of the Sexual Assault Victim Advocate,
victim service organization, or health care professional are sought or obtained
to enable or aid anyone to commit or plan to commit what the client knew
or reasonably should have known to be a crime or fraud.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
`940a. 140a. Privilege for communication with Sexual Assault Victim Advocate,
victim service organization, or health care professional.'.
(b) Applicability- Section 940a of title 10, United States Code (article 140a
of the Uniform Code of Military Justice), as added by subsection (a), applies
to communications made after the date of the enactment of this Act.
SEC. 3. 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
practical, 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. 4. CODIFICATION OF REQUIRED INFORMATION DATABASE ON SEXUAL ASSAULT
INCIDENTS INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Database Required- Chapter 80 of title 10, United States Code, is amended
by inserting after section 1562 the following new section:
`Sec. 1562a. Database on sexual assault incidents
`(a) Database Required- The Secretary of Defense shall maintain a centralized,
case-level database for the collection, in a manner consistent with Department
of Defense regulations for restricted reporting, and maintenance of information
regarding sexual assaults involving a member of the armed forces, including
information, if available, about the nature of the assault, the victim, the
offender, and the outcome of any legal proceedings in connection with the
assault.
`(b) Availability of Database- The database required by subsection (a) shall
be available to personnel of the Sexual Assault Prevention and Response Office
of the Department of Defense.
`(c) Reports- The database required by subsection (a) shall be used to develop
and implement congressional reports, as required by the following
`(1) Sections 4361, 6980, and 9361 of this title.
`(2) Section 1631 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 101-383; 10 U.S.C. 1561 note).'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1562 the following
new item:
`1562a. Database on sexual assault incidents.'.
(c) Repeal of Superseded Requirement- Section 563 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
113 note) and section 1613 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 101-383; 10 U.S.C. 1561 note) are repealed.
(d) Completion- Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall complete implementation of the database
required by the amendment made by subsection (a).
SEC. 5. ESTABLISHMENT OF HOTLINE TO IMPROVE REPORTING OF SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall establish a universal hotline to facilitate the reporting
of a sexual assault--
(1) by a member of the Armed Forces, whether serving in the United States
or overseas, who is a victim of a sexual assault; or
(2) by any other person who is a victim of a sexual assault involving a
member of the Armed Forces.
SEC. 6. ASSIGNMENT AND TRAINING OF 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 Victim Advocates
`(a) Assignment of Victim Advocates- (1) At least one full-time Sexual Assault
Victim Advocate shall be assigned to each battalion or equivalent military
unit. The Secretary concerned may assign additional Victim Advocates as necessary
based on the demographics or needs of the unit. The additional Victim Advocates
may serve on a full-time or part-time basis at the discretion of the Secretary.
`(2) The Secretary concerned shall assign members of the armed forces under
the jurisdiction of the Secretary to serve as a deployable Sexual Assault
Victim Advocate when Victim Advocates assigned to a unit under paragraph (1)
are not deployed with the unit.
`(b) Training and Certification- (1) The Secretary of Defense shall establish
a training and certification program for Sexual Assault Victim Advocates.
In developing the program, the Secretary of Defense shall work with the National
Victim Assistance Academy.
`(2) A member or civilian employee assigned to duty as a Victim Advocate may
obtain certification under the training program.'.
(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 Victim Advocates.'.
SEC. 7. PROVISION OF COURT-MARTIAL RECORD TO VICTIM OF SEXUAL ASSAULT INVOLVING
A MEMBER OF THE ARMED FORCES.
A copy of the prepared record of the proceedings of a court-martial involving
a sexual assault or other sexual offense 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. 8. LEGAL TRAINING FOR JUDGE ADVOCATES TO IMPROVE INVESTIGATION AND
PROSECUTION OF SEXUAL ASSAULT OFFENSES.
Section 806 of title 10, United States Code (article 6 of the Uniform Code
of Military Justice), is amended by adding at the end the following new subsection:
`(e) The Secretary of Defense shall provide for the inclusion of a training
module for judge advocates who serve as trial counsel to improve their ability
to investigate and prosecute cases involving a sexual assault or other offense
covered by section 920 of this title (article 120).'.
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