[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3435
To amend title 10, United States Code, to improve the prevention of and
response to sexual assault in the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2011
Ms. Speier (for herself, Ms. Bass of California, Mr. Blumenauer, Mr.
Braley of Iowa, Mr. Butterfield, Ms. Clarke of New York, Mr. Clay, Mr.
Cleaver, Mr. Davis of Illinois, Ms. DeLauro, Ms. Edwards, Mr. Ellison,
Ms. Eshoo, Mr. Filner, Mr. Grijalva, Ms. Hahn, Mr. Jackson of Illinois,
Ms. Lee of California, Ms. Matsui, Mr. George Miller of California, Ms.
Norton, Ms. Pingree of Maine, Mr. Rangel, Ms. Richardson, Ms. Roybal-
Allard, Ms. Linda T. Sanchez of California, Ms. Schakowsky, Ms. Sutton,
Mr. Thompson of California, Mr. Towns, Mr. Walz of Minnesota, Ms.
Woolsey, Mr. Honda, Mr. Heinrich, Mr. Scott of Virginia, Ms. Waters,
Mrs. Maloney, Mrs. Lowey, Ms. Moore, Mr. Gutierrez, Mr. Baca, Mr.
Kucinich, Ms. DeGette, and Mr. Andrews) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve the prevention of and
response to sexual assault in the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Training Oversight
and Prevention Act'' or the ``STOP Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Defense conducted a survey of members
of the Armed Forces serving on active duty that revealed that
only 13.5 percent of such members reported incidents of sexual
assault, which means that more than 19,000 incidents of sexual
assault of members of the Armed Forces actually occurred in
2010 alone.
(2) Despite modest attempts, the Department of Defense has
failed to address the chronic under reporting of incidents of
sexual assault and harassment, as by the Department's own
estimates, 86 percent of sexual assaults went unreported in
2010.
(3) The military adjudication system itself lacks
independence, as military judges depend on command, and members
of the Armed Forces have only limited access to civilian courts
to address their grievances.
(4) The Cox Commission, sponsored by the National Institute
of Military Justice, as well as several other actors, have
consistently observed that the United States has fallen behind
countries such as Canada and the United Kingdom in terms of its
military justice system.
(5) The military atmosphere is not conducive to resolving
issues of sexual assault and harassment, and sexual violence
continues to infect the Armed Forces.
(6) The culture of the United States Armed Forces is based
on the chain of command. In a case of sexual assault, a
commander may be responsible for both the victim and the
offender, or both of their units, or the entire base or ship
where the offense occurred. Command discretion empowers a
commander to decide if the case goes forward to court martial.
The great deference afforded command discretion raises serious
concerns about conflicts of interest and the potential for
abuse of power.
SEC. 3. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE
COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 188. Sexual Assault Oversight and Response Council
``(a) Establishment; Membership.--There is a Sexual Assault
Oversight and Response Council (hereinafter in this section referred to
as the `Council'). Composed of a majority of civilians this Council
shall be independent from the chain of command within the Department of
Defense.
``(b) Membership.--(1) The membership of the Council is comprised
of individuals selected by the President and the Secretary of Defense
who are governmental and nongovernmental experts and professionals in
the judicial and sexual assault fields as follows:
``(A) Two members shall be appointed by the Secretary of
the Defense from among the Department of Defense personnel who
have previously served as military judges in courts-martial
cases relating to sexual assault.
``(B) One member shall be appointed by the President from
among the Department of Justice personnel with expertise in
prosecuting cases of sexual assault.
``(C) One member shall be appointed by the President who
shall have extensive experience advocating for the rights of
those sexually assaulted while serving in the Armed Forces.
``(D) One member shall be appointed by the President who
shall have extensive expertise adjudicating civilian cases of
sexual assault.
``(2) Members shall be appointed for a term of three years, except
that a member of the Council appointed to fill a vacancy occurring
before the end of the term for which the member's predecessor was
appointed shall only serve until the end of such term. A member may
serve after the end of the member's term until the member's successor
takes office.
``(c) Chairman; Meetings.--(1) The Council shall elect a chair from
among its members.
``(2) The Council shall meet not less often than once every year.
``(d) Administrative Provisions.--(1) Each member of the Council
who is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for Executive Schedule Level IV under section
5315 of title 5, for each day (including travel time) during which such
member is engaged in the performance of the duties of the Council.
Members of the Council who are officers or employees of the United
States shall serve without compensation in addition to that received
for their services as officers or employees of the United States.
``(2) The members of the Council shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
while away from their homes or regular places of business in the
performance of services for the board.
``(e) Responsibilities.--The Council shall be responsible for the
following matters:
``(1) Appointing certain personnel to the Sexual Assault
Oversight and Response Office and advising the Sexual Assault
Oversight and Response Office.
``(2) Appointing, in consultation with the Secretary of
Defense, the Director of Military Prosecutions.
``(3) Appointing, in consultation with the President and
the Secretary of Defense, the Executive Director of the Sexual
Assault Oversight and Response Office.
``(4) Reviewing each request of the Director of Military
Prosecutions with respect to a case stemming from a sexual-
related offense that has been referred to an appellate court
within the military or that has been referred to the Department
of Justice.
``(5) Submitting to the Secretary of Defense, Congress, and
the Attorney General a report on each request by the Director
of Military Prosecutions for a referral to a higher court.
``(6) Advising the Sexual Assault Oversight and Response
Office on--
``(A) the development of sexual assault reporting
protocols;
``(B) the development of sexual assault risk-
reduction and response training;
``(C) the development of sexual assault policy; and
``(D) the effectiveness of the Director of Military
Prosecution.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``188. Sexual Assault Oversight and Response Council.''.
SEC. 4. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE
OFFICE.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 145. Sexual Assault Oversight and Response Office
``(a) Establishment.--There is in the Department a Sexual Assault
Oversight and Response Office (hereinafter in this section referred to
as the `Office'). The head of the Office is the Executive Director of
the Sexual Assault Oversight and Response Office, who shall be
appointed by the Secretary of Defense, in consultation with the
President.
``(b) Responsibilities.--The Office shall be responsible for the
following:
``(1) Coordination with appropriate military criminal
investigative organizations to carry out investigations of
accusations of sexual assault.
``(2) Coordination and oversight of the provision of the
three fundamental rights of victims of sexual assault, safety,
security, and a place to communicate and to be validated.
``(3) Determining whether alleged victims or alleged
perpetrators of sexual assault should be temporarily reassigned
to be separated from the alleged assailant.
``(4) Establishing protocols to ensure that all reports of
sexual assault are taken out of the chain of command and
reported directly to the Office.
``(5) Providing instruction in referring alleged victims of
sexual assault to the Office to the following personnel:
``(A) Sexual assault coordinators.
``(B) Sexual assault prevention and response victim
advocates.
``(C) Health care personnel.
``(D) Chaplains.
``(E) Unit commanders.
``(F) Investigators and law enforcement personnel.
``(G) Judge advocates.
``(6) Maintaining the Military Sexual Registry under
section 563 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417).
``(c) Coordination of Training.--The Executive Director shall
coordinate the training efforts of the Office with each of the military
departments to ensure that all members of the Armed Forces receive--
``(1) the contact information for the Sexual Assault
Oversight and Response Office for purposes of reporting
violations of sexual-related offenses; and
``(2) clear, written guidelines regarding who on the Sexual
Assault Oversight and Response Office to contact, including the
direct telephone number for a victims' advocate, and what steps
to take in the event of a sexual assault.
``(d) Personnel.--For the purposes of carrying out the
responsibilities of the Office, the Executive Director of the Sexual
Assault Oversight and Response Office, in consultation with the Sexual
Assault Response Council established under section 188 of this title,
may select, appoint, and employ such officers and employees as may be
necessary, subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title, relating
to classification and General Schedule pay rates.
``(f) Inspector General Reviews.--The Inspector General shall
conduct case reviews of a statistically significant number of cases
involving allegations of sexual assault on a quarterly basis to
determine if proper procedures were followed in accordance with the
sexual assault protocols and guidelines within the Sexual Assault
Oversight and Response Office.
``(g) Report to Congress.--The Executive Director shall submit to
Congress an annual report on sexual assault in the Armed Forces.
``(h) Definition of Military Criminal Investigative Organization.--
In this section, the term `military criminal investigative
organization' means the Army Criminal Investigation Command, the Naval
Criminal Investigative Service, and the Air Force Office of Special
Investigations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``145. Sexual Assault Oversight and Response Office.''.
(c) Transfer of Function.--All functions and personnel of the
Sexual Assault Prevention and Response Office of the Department of
Defense, as of the date of the enactment of this Act, shall be
transferred to the Sexual Assault Oversight and Response Office
established by section 145 of title 10, United States Code, as added by
subsection (a).
SEC. 5. DIRECTOR OF MILITARY PROSECUTIONS.
(a) In General.--Chapter 47 of title 10, United States Code, is
amended by inserting after section 940 the following new section:
``Sec. 940A. Art. 140A. Director of Military Prosecutions
``(a) Appointment.--There is a Director of Military Prosecutions
who shall be appointed by the Sexual Assault Oversight and Response
Council established under section 188 of this title.
``(b) Responsibilities.--Notwithstanding any other provision of
this chapter, the Director of Military Prosecutions shall have
independent and final authority to oversee the prosecution of all
sexual-related offenses committed by a member of the Armed Forces and
shall refer cases to be tried by courts-martial. The Director may, at
any time prior to the judge rendering a verdict, request that the
sexual-related offense be referred to a military appellate court or
referred to the Department of Justice. The Director shall be the
convening authority for all sexual-related offenses and shall determine
the type of court-martial to which each such case will be referred.
Members of a court-martial shall be selected by a court-martial
administrator at the request of the Director.
``(c) Sexual-Related Offense.--In this section, the term `sexual-
related offense' means--
``(1) rape;
``(2) aggravated sexual assault;
``(3) abusive sexual contact;
``(4) indecent assault;
``(5) nonconsensual sodomy;
``(6) an attempt to commit an offense described in any of
paragraphs (1) through (5); and
``(7) any other sexual offense the Secretary determines is
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
940 the following new item:
``940A. Art. 140A. Director of Military Prosecutions.''.
SEC. 6. INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED
FORCES.
Section 563 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417) is amended by striking
subsections (a) and (b) and inserting the following new subsections:
``(a) Military Sexual Registry.--
``(1) Database required.--The Secretary of Defense shall
implement a centralized, case-level database, to be known as
the `Military Sexual Registry', 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. The Secretary shall
consult with the Attorney General to ensure that the Military
Sexual Registry is designed to facilitate the reporting of
relevant information about individuals included in the database
to the Department of Justice for inclusion in the National Sex
Offender Registry established under section 119 of the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C.
16919).
``(2) Information required.--The Military Sexual Registry
shall include the following information about each individual
who is a member of the Armed Forces who is convicted of
committing a sexual assault:
``(A) The name of the individual, including any
alias used by the individual.
``(B) All relevant aspects of the case against the
individual.
``(C) The Social Security number of the individual.
``(D) The address of each residence where the
individual resides or plans to reside.
``(E) The license plate number and a description of
any vehicle owned or operated by the individual.
``(F) A criminal history of the individual,
including the date of all sexual offenses committed by
the individual, the date of any conviction of the
individual for a sexual offense, and the status of the
individual's parole, probation, or supervised release.
``(G) A DNA sample of the individual.
``(H) A current photograph of the individual.
``(I) Any other information required by the
Secretary.
``(b) Location of Database.--The Military Sexual Registry shall be
housed at and maintained by the Sexual Assault Oversight and Response
Office of the Department of Defense under section 145 of title 10,
United States Code.''.
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