S.Amdt. 4629

1. Adds TITLE XVI--PREVENTION AND RESPONSE TO SEXUAL OFFENSES IN THE ARMED FORCES at the end of division A

   Adds a title

   In S. 3454 · Placed on Calendar Senate

   It is the sense of Congress that the Secretary of Defense should, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, continue to support integrated civilian-military training for civilians deploying to serve in Afghanistan, including through the allocation of military and civilian personnel, trainers, and other resources for that purpose.

   Inserted: TITLE XVI--PREVENTION AND RESPONSE TO SEXUAL OFFENSES IN THE ARMED FORCES

   Inserted: SEC. 1601. ENHANCEMENT OF PROCEDURES FOR COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES REGARDING ALLEGATIONS OF SEXUAL ASSAULT AND OTHER SEXUAL OFFENSES.

   Inserted: (a) Judge Advocates To Be Recipients of Restricted Reporting of Allegations Without Triggering Official Investigative Process.--The officials who are authorized to receive a restricted reporting by a member of the Armed Forces of an allegation of a sexual offense without resulting in the initiation of an official investigative process with respect to the allegation shall include judge advocates.

   Inserted: (b) Privileged Nature of Communications Between Members and Victim Advocates.--

   Inserted: (1) In general.--The Secretary of Defense shall modify the Military Rules of Evidence to provide that a member of the Armed Forces who alleges a sexual offense shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the member and a Victim Advocate (VA), in a case arising under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), or chapter 47A of title 10, United States Code (relating to military commissions), if the communication was made for the purpose of facilitating victim advocacy for the member with respect to the allegation. The privilege shall be similar in scope and exceptions, and the privilege shall be administered in a manner similar, to the psychotherapist-patient privilege under Rule 513 of the Military Rules of Evidence.

   Inserted: (2) Confidential defined.--In this subsection, the term "confidential", in the case of a communication, means not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of victim advocacy or those reasonably necessary for the transmission of the communication.

   Inserted: (c) Other Definitions.--In this section, the terms "official investigative process", "restricted reporting", and "unrestricted reporting" have the meaning given such terms in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended).

   Inserted: SEC. 1602. PROVISION TO VICTIMS OF RECORDS OF PROCEEDINGS OF COURT-MARTIAL INVOLVING SEXUAL ASSAULT OR OTHER SEXUAL OFFENSES.

   Inserted: (a) Provision on Request.--A member of the Armed Forces who testifies as a victim thereof in a court-martial involving a sexual offense shall, upon request, be provided a copy of the prepared record of proceedings of the court-martial as soon as is practicable after the authentication of such record. The record shall be provided the member without charge to the member.

   Inserted: (b) Notice of Opportunity To Request Record.--Each member who testifies as a victim in a court-martial described in subsection (a) shall be informed, in writing, of the opportunity to request a record of proceedings of the court-martial pursuant to that subsection.

   Inserted: SEC. 1603. EXPEDITED CONSIDERATION OF APPLICATION FOR PERMANENT CHANGE OF STATION OR UNIT TRANSFER FOR VICTIMS OF SEXUAL ASSAULT OR OTHER SEXUAL OFFENSES.

   Inserted: (a) In General.--Under such regulations as the Secretary of the military department concerned shall prescribe, such Secretary shall, to the maximum extent practicable, ensure the expedited consideration of an application of a member of the Armed Forces described in subsection (b) for a permanent change or station or unit transfer.

   Show 47 more inserted paragraphsShow less

   Inserted: (b) Covered Members.--A member described in this subsection is a member of the Armed Forces on active duty who is the victim of a sexual offense committed by another member of the Armed Forces.

   Inserted: SEC. 1604. REQUIREMENTS AND LIMITATIONS REGARDING SEXUAL ASSAULT RESPONSE COORDINATORS AND VICTIM ADVOCATES.

   Inserted: (a) Personnel Discharging SARC Functions.--

   Inserted: (1) In general.--Each Sexual Assault Response Coordinator (SARC) shall be a member of the Armed Forces on active duty or a full-time civilian employee of the Department of Defense.

   Inserted: (2) Prohibition on discharge by contractor personnel.--A contractor or employee of a contractor of the Federal Government may not serve or act as, or discharge the functions of, a Sexual Assault Response Coordinator.

   Inserted: (b) Personnel Discharging VA Functions.--Each Victim Advocate (VA) shall be a member of the Armed Forces on active duty or a full-time civilian employee of the Department of Defense.

   Inserted: (c) Minimum Number of SARCs and VAs.--Each brigade or similar unit of the Armed Forces shall be assigned the following:

   Inserted: (1) At least one Sexual Assault Response Coordinator.

   Inserted: (2) At least one Victim Advocate.

   Inserted: (d) Training and Certification.--

   Inserted: (1) In general.--The Secretary of Defense shall, in consultation with the Office for Victims of Crime of the Department of Justice, carry out a program as follows:

   Inserted: (A) To provide uniform training for all individuals who will serve as Sexual Assault Response Coordinators on matters relating to sexual assault in the Armed Forces.

   Inserted: (B) To provide uniform training for all individuals who will serve as Victim Advocates on matters relating to sexual assault in the Armed Forces

   Inserted: (C) To certify individuals who successfully complete training provided pursuant to subparagraph (A) or (B) as qualified for the discharge of the functions of Sexual Assault Response Coordinator or Victim Advocate, as the case may be.

   Inserted: (2) Commencement of training and certification requirements.--Commencing one year after the date of the enactment of this Act, an individual may not serve as a Sexual Assault Response Coordinator or Victim Advocate unless the individual has undergone training provided under subparagraph (A) or (B), as applicable, of paragraph (1) and been certified under subparagraph (C) of that paragraph.

   Inserted: (e) Definitions.--In this section, the term "Sexual Assault Response Coordinator" and "Victim Advocate" have the meaning given such terms in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended).

   Inserted: SEC. 1605. REQUIREMENTS FOR THE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

   Inserted: (a) SES Position for Director of SAPRO.--The position of Director of the Sexual Assault Prevention and Response Office (SAPRO) of the Department of Defense shall be a position in the Senior Executive Service (SES).

   Inserted: (b) Standardization of Program.--The Secretary of Defense shall take appropriate actions to standardize and update programs and activities relating to sexual assault prevention and response across the Armed Forces and the military departments. Such actions shall include the following:

   Inserted: (1) The establishment of common organizational structures for organizations in the Armed Forces and the military departments responsible for sexual assault prevention and

   Inserted: response activities in order to achieve commonality in the structure of such organizations and their discharge of their functions.

   Inserted: (2) The standardization of terminology on sexual assault prevention and response to be utilized by the organizations described in paragraph (1), the Armed Forces, and the military departments.

   Inserted: (3) The establishment of position descriptions for positions in the Armed Forces and the military departments charged with sexual assault prevention and response duties, and the specification of the responsibilities of such positions.

   Inserted: (4) The establishment of minimum standards for programs and activities of the Armed Forces and the military departments relating to sexual assault prevention and response.

   Inserted: (5) Such other actions as the Secretary considers appropriate.

   Inserted: SEC. 1606. DATABASE ON SEXUAL ASSAULT INCIDENTS.

   Inserted: (a) Database Required.--

   Inserted: (1) In general.--Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section:

   Inserted: "Sec. 1562a. Database on sexual assault incidents

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1562 the following new item:

   Inserted: "1562a. Database on sexual assault incidents.".

   Inserted: (b) Completion of Implementation.--The Secretary of Defense shall complete implementation of the database required by section 1562a of title 10, United States Code (as added by subsection (a)), not later than one year after the date of the enactment of this Act.

   Inserted: SEC. 1607. DEDICATED TELEPHONE LINE FOR REPORTING OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.

   Inserted: (a) Telephone Line Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a toll-free telephone number (commonly referred to as an "800 number"), staffed by appropriately trained personnel, through which reports may be made of allegations of a sexual offense as follows:

   Inserted: (1) Allegations by a member of the Armed Forces, regardless of where serving, of being a victim of sexual assault, whether or not committed by another member of the Armed Forces.

   Inserted: (2) Allegations by any person of being a victim of a sexual offense committed by a member of the Armed Forces.

   Inserted: (b) Outreach.--The Secretary shall conduct appropriate outreach to inform members of the Armed Forces and the public of the toll-free telephone number required by subsection (a).

   Inserted: SEC. 1608. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING IN PROFESSIONAL MILITARY EDUCATION.

   Inserted: The Secretary of Defense shall, in consultation with the Secretaries of the military departments, ensure that training on sexual assault prevention and response is provided to members of the Armed Forces at each level of professional military education (PME) for members of the Armed Forces. Such training shall, to the extent practicable, be uniform across the Armed Forces.

   Inserted: SEC. 1609. ENHANCED TRAINING FOR JUDGE ADVOCATES ON INVESTIGATION AND PROSECUTION OF SEXUAL ASSAULT AND OTHER SEXUAL OFFENSES.

   Inserted: The Secretary of Defense shall provide appropriate enhancements in the training of judge advocates who serve as trial counsel in order to improve the capabilities of such judge advocates in the investigation and prosecution of cases involving a sexual offense.

   Inserted: SEC. 1610. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) The term "sexual assault" has the meaning given that term in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended).

   Inserted: (2) The term "sexual offense" means an offense under section 920, 920b, or 920c of title 10, United States Code (article 120, 120b, or 120c of the Uniform Code of Military Justice), as amended by section 561 of this Act.

   Original wording

   At the end of division A, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed