S.Amdt. 3744
What it does: Rewrites section 544
Sen. Amy Klobuchar (D-MN)What it changes
1 change to S. 2410 · shown in the bill's text
Rewrites section 544
ReplacesIn S. 2410 · Placed on Calendar Senate
Struck: SEC. 544. ELIGIBILITY OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES FOR ASSISTANCE OF SPECIAL VICTIMS' COUNSEL.
Inserted: SEC. 544. ACCESS TO SPECIAL VICTIMS' COUNSEL.
[struck: Section 1044e][inserted: (a) In General.--Subsection ]([struck: f][inserted: a]) of [inserted: section 1044e of ]title 10, United States Code, is amended[struck: by adding at the end the following new paragraph][inserted: to read as follows]:Struck: "(3) A member of a reserve component who is the victim of an alleged sex-related offense and who is not otherwise eligible for military legal assistance under section 1044 of this title shall be deemed to be eligible for the assistance of a Special Victims' Counsel under this section.".
Inserted: "(a) Designation; Purposes.--(1) The Secretary concerned shall designate legal counsel (to be known as 'Special Victims' Counsel') for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
Inserted: "(2) An individual described in this paragraph is any of the following:
Inserted: "(A) An individual eligible for military legal assistance under section 1044 of this title.
Inserted: "(B) An individual who is--
Inserted: "(i) not covered under subparagraph (A);
Inserted: "(ii) a member of a reserve component of the armed forces; and
Inserted: "(iii) a victim of an alleged sex-related offense as described in paragraph (1)--
Inserted: "(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
Inserted: "(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.".
Inserted: (b) Conforming Amendment.--Subsection (f) of such section is amended by striking "eligible for military legal assistance under section 1044 of this title" each place it appears and inserting "described in subsection (a)(2)".
Original wording
Strike section 544 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3744. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 544 and insert the following:
SEC. 544. ACCESS TO SPECIAL VICTIMS' COUNSEL.
(a) In General.--Subsection (a) of section 1044e of title 10, United States Code, is amended to read as follows:
“(a) Designation; Purposes.--(1) The Secretary concerned shall designate legal counsel (to be known as ‘Special Victims' Counsel') for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
“(2) An individual described in this paragraph is any of the following:
“(A) An individual eligible for military legal assistance under section 1044 of this title.
“(B) An individual who is--
“(i) not covered under subparagraph (A);
“(ii) a member of a reserve component of the armed forces; and
“(iii) a victim of an alleged sex-related offense as described in paragraph (1)--
“(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
“(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.”.
(b) Conforming Amendment.--Subsection (f) of such section is amended by striking “eligible for military legal assistance under section 1044 of this title” each place it appears and inserting “described in subsection (a)(2)”.
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Senate amendment submitted
July 31, 2014