II
111th CONGRESS
2d Session
S. 3311
IN THE SENATE OF THE UNITED STATES
May 5, 2010
Mr. Kerry introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To improve and enhance the capabilities of the Department of Defense to prevent and respond to sexual assault in the Armed Forces, and for other purposes.
Enhancement of procedures for communications by members of the Armed Forces regarding allegations of sexual assault
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 sexual assault without resulting in the initiation of an official investigative process with respect to the allegation shall include judge advocates.
Privileged nature of communications between members and Victim Advocates
In general
The Secretary of Defense shall modify the Military Rules of Evidence to provide that a member of the Armed Forces who alleges sexual assault 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.
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.
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).
Requirements and limitations regarding Sexual Assault Response Coordinators and Victim Advocates
Limitation on personnel discharging SARC functions
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.
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.
Minimum number of VAs
Each battalion of the Armed Forces shall be assigned not less than one Victim Advocate (VA) who is a member of the Armed Forces on active duty or a full-time civilian employee of the Department of Defense.
Training and certification
Training and certification for SARCs
The Secretary of Defense shall, in consultation with the National Organization of Victim Advocates (NOVA), carry out a program as follows:
To provide standardized training for all individuals who will serve as Sexual Assault Response Coordinators on matters relating to sexual assault in the Armed Forces.
To certify individuals who successfully complete training provided pursuant to subparagraph (A) as qualified for the discharge of the functions of Sexual Assault Response Coordinator.
Participation of VAs
The Secretary shall permit individuals who will serve as a Victim Advocate to participate in training provided pursuant to paragraph (1)(A) if such training is not otherwise provided or available to such individuals through individuals certified as Sexual Assault Response Coordinators under paragraph (1)(B).
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).
Requirements for the Sexual Assault Prevention and Response Program
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).
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:
The establishment of common organizational structures for organizations in the Armed Forces and the military departments responsible for sexual assault prevention and response activities in order to achieve commonality in the structure of such organizations and their discharge of their functions.
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.
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.
The establishment of minimum standards for programs and activities of the Armed Forces and the military departments relating to sexual assault prevention and response.
Such other actions as the Secretary considers appropriate.
Sexual assault prevention and response training in professional military education
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.
Sexual assault defined
In this Act, the term sexual assault has the meaning given that term in Department of Defense Directive 6495.01, dated October 6, 2005 (as amended).