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Title II — Support of Victims of Sexual Assault in the Armed Forces

H.R. 3015 · 116th Congress · May 23, 2019 · Lineage

II Support of Victims of Sexual Assault in the Armed Forces

Sec. 201 Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces

(a)
Notification of victims of events in military justice process—
(1)
Notification required— The commander of a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces shall provide notification to such alleged victim of every key or other significant event in the military justice process in connection with the investigation, prosecution, and confinement of such other member for sexual assault.
(2)
Documentation— Each commander described in paragraph (1) shall create and maintain appropriate documentation on any notification provided as described in that paragraph.
(b)
Documentation of victim's preference on jurisdiction in prosecution— In the case of a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces who is subject to prosecution for such offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under State law, the commander of such alleged victim shall create and maintain appropriate documentation of the expressed preference, if any, of such alleged victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule 306(e) of the Rules for Court-Martial.
(c)
Regulations— The Secretary of Defense shall prescribe in regulations the requirements applicable to each of the following:
(1)
Notifications under subsection (a)(1).
(2)
Documentation under subsection (a)(2).
(3)
Documentation under subsection (b).

Sec. 202 Availability of Special Victims' Counsel and Special Victim Prosecutors at military installations

(a)
Deadline for availability—
(1)
In general— If an individual specified in paragraph (2) is not available at a military installation for access by a member of the Armed Forces who requests access to such an individual, such an individual shall be made available at such installation for access by such member by not later than 48 hours after such request.
(2)
Individuals— The individuals specified in this paragraph are the following:
(A)
Special Victims' Counsel (SVC).
(B)
Special Victim Prosecutor (SVP).
(b)
Report on civilian support of SVCs— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the assessment of such Secretary of the feasibility and advisability of establishing and maintaining at each installation under the jurisdiction of such Secretary with a Special Victims' Counsel one or more civilian positions for the purpose of—
(1)
providing support to such Special Victims' Counsel; and
(2)
ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as Special Victims' Counsel at such installation.

Sec. 203 Preservation of recourse to Restricted Report on sexual assault for victims of sexual assault being investigated following certain victim or third-party communications

(a)
In general— A member of the Armed Forces who is the victim of a sexual assault that is or may be investigated as a result of a communication described in subsection (b) may elect to have the member's reporting on such sexual assault be treated as a Restricted Report without regard to the party initiating or receiving such communication.
(b)
Communication— A communication described in this subsection is a communication on a sexual assault as follows:
(1)
By the member concerned to a member of the Armed Forces in the chain of command of such member, whether a commissioned officer or a noncommissioned officer.
(2)
By the member concerned to military law enforcement personnel or personnel of a military criminal investigation organization (MCIO).
(3)
By any individual other than the member concerned.

Sec. 204 Treatment of information in Catch a Serial Offender Program for certain purposes

(a)
Exclusion from FOIA— Section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), shall not apply to any report for purposes of the Catch a Serial Offender (CATCH) Program.
(b)
Preservation of Restricted Report— The transmittal or receipt in connection with the Catch a Serial Offender Program of a report on a sexual assault that is treated as a Restricted Report shall not operate to terminate its treatment or status as a Restricted Report.

Sec. 205 Report on expansion of Air Force safe to report policy across the Armed Forces

(a)
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of expanding the applicability of the safe to report policy described in subsection (b) so that the policy applies across the Armed Forces.
(b)
Safe To report policy— The safe to report policy described in this subsection is the policy, currently applicable in the Air Force alone, under which a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct at or about such time is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct.