10 USC Ch. 80: MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
From Title 10—ARMED FORCESSubtitle A—General Military LawPART II—PERSONNEL
CHAPTER 80 —MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
Sec.
1561.
Complaints of sexual harassment: investigation by commanding officers.
1561a.
Civilian orders of protection: force and effect on military installations.
1562.
Database on domestic violence incidents.
1563.
Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review.
1564.
Security clearance investigations.
1564a.
Counterintelligence polygraph program.
1565.
DNA identification information: collection from certain offenders; use.
1565a.
DNA samples maintained for identification of human remains: use for law enforcement purposes.
1566.
Voting assistance: compliance assessments; assistance.
1566a.
Voting assistance: voter assistance offices.
1567.
Duration of military protective orders.
1567a.
Mandatory notification of issuance of military protective order to civilian law enforcement.
Prior Provisions
A prior
Amendments
2009—Pub. L. 111–84, div. A, title V, §583(b)(2), Oct. 28, 2009, 123 Stat. 2330, added item 1566a.
2008—Pub. L. 110–417, [div. A], title V, §§561(b), 562(b), Oct. 14, 2008, 122 Stat. 4470, added items 1567 and 1567a.
2003—Pub. L. 108–136, div. A, title X, §§1031(a)(11)(B), 1041(a)(2), Nov. 24, 2003, 117 Stat. 1597, 1608, struck out "and recommendation" after "review" in item 1563 and added item 1564a.
2002—Pub. L. 107–314, div. A, title X, §1063(b), Dec. 2, 2002, 116 Stat. 2653, added item 1565a.
Pub. L. 107–311, §2(b), Dec. 2, 2002, 116 Stat. 2455, added item 1561a.
2001—Pub. L. 107–107, div. A, title XVI, §1602(a)(2), Dec. 28, 2001, 115 Stat. 1276, added item 1566.
2000—Pub. L. 106–546, §5(a)(2), Dec. 19, 2000, 114 Stat. 2732, added item 1565.
Pub. L. 106–398, §1 [[div. A], title V, §542(b), title X, §1072(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-115, 1654A-277, added items 1563 and 1564.
1999—Pub. L. 106–65, div. A, title V, §594(b), Oct. 5, 1999, 113 Stat. 644, added item 1562.
§1561. Complaints of sexual harassment: investigation by commanding officers
(a)
(b)
(1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial;
(2) commence, or cause the commencement of, an investigation of the complaint; and
(3) advise the complainant of the commencement of the investigation.
(c)
(d)
(1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or
(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.
(e)
(1) Conduct (constituting a form of sex discrimination) that—
(A) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—
(i) submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career;
(ii) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or
(iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment; and
(B) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment as hostile or offensive.
(2) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense.
(3) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature in the workplace by any member of the armed forces or civilian employee of the Department of Defense.
(Added Pub. L. 105–85, div. A, title V, §591(a)(1), Nov. 18, 1997, 111 Stat. 1760.)
Prior Provisions
Prior sections 1571 to 1577, Pub. L. 89–690, §1, Oct. 15, 1966, 80 Stat. 1016, related to creation of Exemplary Rehabilitation Certificates to be issued by the Secretary of Labor to persons discharged or dismissed from the Armed Forces under conditions other than honorable or to persons who had received a general discharge but who had established that they had rehabilitated themselves and established the administrative and other authority in connection therewith, prior to repeal by Pub. L. 90–83, §3(2), Sept. 11, 1967, 81 Stat. 220.
Short Title of 2002 Amendment
Pub. L. 107–311, §1, Dec. 2, 2002, 116 Stat. 2455, provided that: "This Act [enacting
Improved Sexual Assault Prevention and Response in the Armed Forces
Pub. L. 111–383, div. A, title XVI, Jan. 7, 2011, 124 Stat. 4429, provided that:
"SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINITIONS.
"(a)
"(1) are intended to reduce the number of sexual assaults involving members of the Armed Forces, whether members are the victim, alleged assailant, or both; and
"(2) improve the response of the Department of Defense, the military departments, and the Armed Forces to reports of sexual assaults involving members of the Armed Forces, whether members are the victim, alleged assailant, or both, and to reports of sexual assaults when a covered beneficiary under
"(b)
"(1) The term 'Armed Forces' means the Army, Navy, Air Force, and Marine Corps.
"(2) The terms 'covered beneficiary' and 'dependent' have the meanings given those terms in
"(3) The term 'department' has the meaning given that term in
"(4) The term 'military installation' has the meaning given that term by the Secretary concerned.
"(5) The term 'Secretary concerned' means—
"(A) the Secretary of the Army, with respect to matters concerning the Army;
"(B) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and
"(C) the Secretary of the Air Force, with respect to matters concerning the Air Force.
"(6) The term 'sexual assault' has the definition developed for that term by the Secretary of Defense pursuant to subsection (a)(3) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
"SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.
"(a)
"(1) builds upon the comprehensive sexual assault prevention and response policy developed under subsections (a) and (b) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
"(2) incorporates into the sexual assault prevention and response program the new requirements identified by this title; and
"(3) ensures that the policies and procedures of the military departments regarding sexual assault prevention and response are consistent with the revised comprehensive policy.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1) describing the process by which the comprehensive policy required by subsection (a) is being revised;
"(2) describing the extent to which revisions of the comprehensive policy and the evaluation plan required by subsection (c) have already been implemented; and
"(3) containing a determination by the Secretary regarding whether the Secretary will be able to comply with the revision deadline specified in subsection (a).
"(e)
"(1)
"(2)
"(A) the training, qualifications, and status of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates for the Armed Forces; and
"(B) the curricula to be used to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the department to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault.
"(3)
"Subtitle A—Organizational Structure and Application of Sexual Assault Prevention and Response Program Elements
"SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
"(a)
"(b)
"(1) oversee implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program;
"(2) serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program; and
"(3) provide oversight to ensure that the military departments comply with the sexual assault prevention and response program.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS.
"(a)
"(b)
"SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF CENTRALIZED DEPARTMENT OF DEFENSE SEXUAL ASSAULT DATABASE.
"(a)
"(1) describing the status of development and implementation of the centralized Department of Defense sexual assault database required by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (
"(2) containing a revised implementation plan under subsection (c) of such section for completing implementation of the database; and
"(3) indicating the date by which the database will be operational.
"(b)
"SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS.
"The Secretary of Defense shall clarify the limitations on the ability of a member of the Armed Forces to make a restricted report regarding the occurrence of a sexual assault and the circumstances under which information contained in a restricted report may no longer be confidential.
"Subtitle B—Improved and Expanded Availability of Services
"SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MEDICAL CARE FOR VICTIMS OF SEXUAL ASSAULT.
"The Secretary of Defense shall establish comprehensive and consistent protocols for providing and documenting medical care to a member of the Armed Forces or covered beneficiary who is a victim of a sexual assault, including protocols with respect to the appropriate screening, prevention, and mitigation of diseases. In establishing the protocols, the Secretary shall take into consideration the gender of the victim.
"SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE SERVICES.
"(a)
"(1)
"(2)
"(b)
"(c)
"Subtitle C—Reporting Requirements
"SEC. 1631. ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.
"(a)
"(b)
"(1) The number of sexual assaults committed against members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.
"(2) The number of sexual assaults committed by members of the Armed Force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1).
"(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, non-judicial punishments administered by commanding officers pursuant to
"(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the Armed Force concerned.
"(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the Armed Forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.
"(6) A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of such Act [probably means section 596(b) of the National Defense Authorization Act for Fiscal Year 2006,
"(c)
"(d)
"(1) the results of assessments conducted under the evaluation plan required by section 1602(c); and
"(2) such assessments on the reports as the Secretary of Defense considers appropriate.
"(e)
"(1) [Amended section 577 of
"(2)
"SEC. 1632. ADDITIONAL REPORTS.
"(a)
"(1) are victims of a sexual assault; and
"(2) work on or in the vicinity of a military installation or with members of the Armed Forces.
"(b)
"(1) The ability of members of the reserve components to access the services available under the sexual assault prevention and response program, including policies and programs of a specific military department or Armed Force.
"(2) The quality of training provided to Sexual Assault Response Coordinators and Sexual Assault Victim Advocates in the reserve components.
"(3) The degree to which the services available for regular and reserve members under the sexual assault prevention and response program are integrated.
"(4) Such recommendations as the Secretary of Defense considers appropriate on how to improve the services available for reserve members under the sexual assault prevention and response program and their access to the services.
"(c)
"(d)
"(e)
"(f)
Defense Incident-Based Reporting System and Defense Sexual Assault Incident Database
Pub. L. 111–84, div. A, title V, §598, Oct. 28, 2009, 123 Stat. 2345, provided that: "Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2009], and every six months thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the progress of the Secretary with respect to the completion of the following:
"(1) The Defense Incident-Based Reporting System.
"(2) The Defense Sexual Assault Incident Database."
Pub. L. 110–417, [div. A], title V, §563(a)–(d), Oct. 14, 2008, 122 Stat. 4470, 4471, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) a description of the current status of the Defense Incident-Based Reporting System; and
"(B) an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a).
"(3)
"(d)
"(1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
"(2) section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (
"(3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
"(4)
Improvement to Department of Defense Capacity To Respond to Sexual Assault Affecting Members of the Armed Forces
Pub. L. 109–163, div. A, title V, §596(a), (b), Jan. 6, 2006, 119 Stat. 3282, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) A plan for the training of personnel who are considered to be 'first responders' to sexual assaults (including criminal investigators, medical personnel responsible for rape kit evidence collection, and victims advocates), such training to include current techniques on the processing of evidence, including rape kits, and on conducting investigations.
"(B) A plan for ensuring the availability at military hospitals of supplies needed for the treatment of victims of sexual assault who present at a military hospital, including rape kits, equipment for processing rape kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for testing for pregnancy.
"(2)
Department of Defense Policy and Procedures on Prevention and Response to Sexual Assaults Involving Members of the Armed Forces
Pub. L. 111–84, div. A, title V, §567(c), Oct. 28, 2009, 123 Stat. 2314, provided that:
"(1)
"(A)
"(i) whether a military protective order was issued that involved either the victim or alleged perpetrator of a sexual assault; and
"(ii) whether military protective orders involving members of the Armed Forces were violated in the course of substantiated incidents of sexual assaults against members of the Armed Forces.
"(B)
"(2)
Pub. L. 108–375, div. A, title V, §577, Oct. 28, 2004, 118 Stat. 1926, as amended by Pub. L. 109–163, div. A, title V, §596(c), Jan. 6, 2006, 119 Stat. 3283; Pub. L. 109–364, div. A, title V, §583, Oct. 17, 2006, 120 Stat. 2230; Pub. L. 110–417, [div. A], title V, §563(e), Oct. 14, 2008, 122 Stat. 4471; Pub. L. 111–383, div. A, title X, §1075(i)(1), title XVI, §1631(e)(1), Jan. 7, 2011, 124 Stat. 4377, 4435, provided that:
"(a)
"(2) The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate.
"(3) Before developing the comprehensive policy required by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Department of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be developed in consultation with the Secretaries of the military departments and the Secretary of Homeland Security with respect to the Coast Guard.
"(b)
"(1) Prevention measures.
"(2) Education and training on prevention and response.
"(3) Investigation of complaints by command and law enforcement personnel.
"(4) Medical treatment of victims.
"(5) Confidential reporting of incidents.
"(6) Victim advocacy and intervention.
"(7) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault.
"(8) Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault.
"(9) Disposition of members of the Armed Forces accused of sexual assault.
"(10) Liaison and collaboration with civilian agencies on the provision of services to victims of sexual assault.
"(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault.
"(12) Implementation of clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense.
"(c)
"(d)
"(e)
"(A) to conform such policies and procedures to the policy developed under subsection (a); and
"(B) to ensure that such policies and procedures include the elements specified in paragraph (2).
"(2) The elements specified in this paragraph are as follows:
"(A) A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces.
"(B) A program to provide victim advocacy and intervention for members of the Armed Force concerned who are victims of sexual assault, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims.
"(C) Procedures for members of the Armed Force concerned to follow in the case of an incident of sexual assault involving a member of such Armed Force, including—
"(i) specification of the person or persons to whom the alleged offense should be reported;
"(ii) specification of any other person whom the victim should contact;
"(iii) procedures for the preservation of evidence; and
"(iv) procedures for confidential reporting and for contacting victim advocates.
"(D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned.
"(E) Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forcible or nonforcible, by members of the Armed Force concerned.
"(F) Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force.
"(G) Any other matters that the Secretary of Defense considers appropriate."
Reports
Pub. L. 105–85, div. A, title V, §591(b), Nov. 18, 1997, 111 Stat. 1762, required each officer receiving a complaint forwarded in accordance with subsec. (b) of this section during 1997 and 1998 to submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints not later than Jan. 1 of each of 1998 and 1999, required each Secretary receiving a report for a year to submit to the Secretary of Defense a report on all reports received not later than Mar. 1 of each of 1998 and 1999, and required the Secretary of Defense to transmit to Congress all reports received for the year together with the Secretary's assessment of each report not later than Apr. 1 following receipt of a report for a year.
Department of Defense Policies and Procedures on Discrimination and Sexual Harassment
Pub. L. 103–337, div. A, title V, §532, Oct. 5, 1994, 108 Stat. 2759, provided that:
"(a)
"(2) The Secretary shall transmit to Congress the report of the task force not later than October 10, 1994.
"(b)
"(1) review the recommendations for action contained in the report;
"(2) determine which recommendations the Secretary approves for implementation and which recommendations the Secretary disapproves; and
"(3) submit to Congress a report that—
"(A) identifies the approved recommendations and the disapproved recommendations; and
"(B) explains the reasons for each such approval and disapproval.
"(c)
"(2) The Secretary shall issue policy guidance for the implementation of the comprehensive policy and shall require the Secretaries of the military departments to prescribe regulations to implement that policy not later than March 1, 1995.
"(3) The Secretary shall ensure that the policy is implemented uniformly by the military departments insofar as practicable.
"(4) Not later than March 31, 1995, the Secretary of Defense shall submit to Congress a proposal for any legislation necessary to enhance the capability of the Department of Defense to address the issues of unlawful discrimination and sexual harassment.
"(d)
"(2) In revising regulations pursuant to paragraph (1), the Secretary of the Navy and the Secretary of the Air Force may make such additions and modifications as the Secretary of Defense determines appropriate to strengthen those regulations beyond the substantial equivalent of the Army regulations in accordance with—
"(A) the approved recommendations of the Department of Defense Task Force on Discrimination and Sexual Harassment; and
"(B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases.
"(3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2).
"(e)
"(A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim; and
"(B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim.
"(2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report.
"(f)
§1561a. Civilian orders of protection: force and effect on military installations
(a)
(b)
(c)
(Added Pub. L. 107–311, §2(a), Dec. 2, 2002, 116 Stat. 2455.)
§1562. Database on domestic violence incidents
(a)
(b)
(1) Each domestic violence incident reported to a commander, a law enforcement authority of the armed forces, or a family advocacy program of the Department of Defense.
(2) The number of those incidents that involve evidence determined sufficient for supporting disciplinary action and, for each such incident, a description of the substantiated allegation and the action taken by command authorities in the incident.
(3) The number of those incidents that involve evidence determined insufficient for supporting disciplinary action and for each such case, a description of the allegation.
(Added Pub. L. 106–65, div. A, title V, §594(a), Oct. 5, 1999, 113 Stat. 643.)
Improvements to Department of Defense Domestic Violence Programs
Pub. L. 111–383, div. A, title V, §543, Jan. 7, 2011, 124 Stat. 4218, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
Comptroller General Review and Report
Pub. L. 108–136, div. A, title V, §575, Nov. 24, 2003, 117 Stat. 1486, provided that:
"(a)
"(1) the efforts of the Department to ensure confidentiality for victims and accountability and education of commanding officers and chaplains; and
"(2) the resources that the Department of Defense has provided toward such implementation, including personnel, facilities, and other administrative support, in order to ensure that necessary resources are provided to the organization within the Office of the Secretary of Defense with direct responsibility for oversight of implementation by the military departments of recommendations of the Task Force in order for that organization to carry out its duties and responsibilities.
"(b)
Defense Task Force on Domestic Violence
Pub. L. 106–65, div. A, title V, §591, Oct. 5, 1999, 113 Stat. 639, as amended by Pub. L. 107–107, div. A, title V, §575, Dec. 28, 2001, 115 Stat. 1123, directed the Secretary of Defense to establish a Department of Defense Task Force on Domestic Violence; required the task force to submit to the Secretary of Defense a long-term, strategic plan to address matters relating to domestic violence within the military more effectively, to review the victims' safety program under
Incentive Program for Improving Responses to Domestic Violence Involving Members of the Armed Forces and Military Family Members
Pub. L. 106–65, div. A, title V, §592, Oct. 5, 1999, 113 Stat. 642, provided that:
"(a)
"(b)
"(1) To improve coordination between military and civilian law enforcement authorities in policies, training, and responses to, and tracking of, cases involving military domestic violence.
"(2) To develop, implement, and coordinate with appropriate civilian authorities tracking systems (A) for protective orders issued to or on behalf of members of the Armed Forces by civilian courts, and (B) for orders issued by military commanders to members of the Armed Forces ordering them not to have contact with a dependent.
"(3) To strengthen the capacity of attorneys and other legal advocates to respond appropriately to victims of military domestic violence.
"(4) To assist in educating judges, prosecutors, and legal offices in improved handling of military domestic violence cases.
"(5) To develop and implement more effective policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to domestic violence.
"(6) To develop, enlarge, or strengthen victims' services programs, including sexual assault and domestic violence programs, developing or improving delivery of victims' services, and providing confidential access to specialized victims' advocates.
"(7) To develop and implement primary prevention programs.
"(8) To improve the response of health care providers to incidents of domestic violence, including the development and implementation of screening protocols.
"(c)
"(d)
"(e)
Uniform Department of Defense Policies for Responses to Domestic Violence
Pub. L. 106–65, div. A, title V, §593, Oct. 5, 1999, 113 Stat. 643, provided that:
"(a)
"(1) Standard guidelines to be used by the Secretaries of the military departments for negotiating agreements with civilian law enforcement authorities relating to acts of domestic violence involving members of the Armed Forces.
"(2) A requirement (A) that when a commanding officer issues to a member of the Armed Forces under that officer's command an order that the member not have contact with a specified person that a written copy of that order be provided within 24 hours after the issuance of the order to the person with whom the member is ordered not to have contact, and (B) that there be a system of recording and tracking such orders.
"(3) Standard guidelines on the factors for commanders to consider when seeking to substantiate allegations of domestic violence by a person subject to the Uniform Code of Military Justice and when determining appropriate action for such allegations that are so substantiated.
"(4) A standard training program for all commanding officers in the Armed Forces, including a standard curriculum, on the handling of domestic violence cases.
"(b)
§1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review
(a)
(b)
(c)
(1) a Senator; or
(2) a Representative in, or a Delegate or Resident Commissioner to, Congress.
(Added Pub. L. 106–398, §1 [[div. A], title V, §542(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-114; Pub. L. 108–136, div. A, title X, §1031(a)(11), Nov. 24, 2003, 117 Stat. 1597.)
Amendments
2003—
Subsec. (a).
Subsec. (b).
"(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits.
"(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended.
"(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy.
"(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary."
§1564. Security clearance investigations
(a)
(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and
(2) any individual who—
(A) submits an application for a position as an employee of the Department of Defense for which—
(i) the individual is qualified; and
(ii) a security clearance is required; and
(B) is—
(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to
(ii) the spouse of a member of the armed forces who retires or is separated, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or
(iii) the spouse of a member of the armed forces who dies, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).
(b)
(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.
(2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security.
(3) Prioritization of the processing of background investigations on the basis of the categories of personnel determined under paragraph (2).
(c)
(d)
(e)
(f)
(Added Pub. L. 106–398, §1 [[div. A], title X, §1072(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-276; amended Pub. L. 111–383, div. A, title III, §351(a), Jan. 7, 2011, 124 Stat. 4192.)
References in Text
The date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, referred to in subsec. (a)(2)(B)(ii), (iii), is the date of enactment of
Amendments
2011—Subsec. (a).
Subsec. (f).
Effective Date of 2011 Amendment
Pub. L. 111–383, div. A, title III, §351(b), Jan. 7, 2011, 124 Stat. 4193, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to a background investigation conducted after the date of the enactment of this Act [Jan. 7, 2011]."
Deadline for Prescribing Process for Prioritizing Background Investigations for Security Clearances
Pub. L. 106–398, §1 [[div. A], title X, §1072(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-277, provided that: "The process required by
§1564a. Counterintelligence polygraph program
(a)
(b)
(1) Military and civilian personnel of the Department of Defense.
(2) Personnel of defense contractors.
(3) A person assigned or detailed to the Department of Defense.
(4) An applicant for a position in the Department of Defense.
(c)
(1) access to information that—
(A) has been classified at the level of top secret; or
(B) is designated as being within a special access program under section 4.4(a) of Executive Order No. 12958 (or a successor Executive order); or
(2) assistance in an intelligence or military mission in a case in which the unauthorized disclosure or manipulation of information, as determined under standards established by the Secretary of Defense, could reasonably be expected to—
(A) jeopardize human life or safety;
(B) result in the loss of unique or uniquely productive intelligence sources or methods vital to United States security; or
(C) compromise technologies, operational plans, or security procedures vital to the strategic advantage of the United States and its allies.
(d)
(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract with the Central Intelligence Agency.
(2) A person who is—
(A) employed by or assigned or detailed to the National Security Agency;
(B) an expert or consultant under contract to the National Security Agency;
(C) an employee of a contractor of the National Security Agency; or
(D) a person applying for a position in the National Security Agency.
(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored.
(4) A person employed by, or assigned or detailed to, an office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs or a contractor of such an office.
(e)
(2) Such examinations may be authorized for any of the following purposes:
(A) To assist in determining the initial eligibility for duties described in subsection (c) of, and aperiodically thereafter, on a random basis, to assist in determining the continued eligibility of, persons described in subsections (b) and (c).
(B) With the consent of, or upon the request of, the examinee, to—
(i) resolve serious credible derogatory information developed in connection with a personnel security investigation; or
(ii) exculpate him- or herself of allegations or evidence arising in the course of a counterintelligence or personnel security investigation.
(C) To assist, in a limited number of cases when operational exigencies require the immediate use of a person's services before the completion of a personnel security investigation, in determining the interim eligibility for duties described in subsection (c) of the person.
(3) Polygraph examinations conducted under this section shall provide adequate safeguards, prescribed by the Secretary of Defense, for the protection of the rights and privacy of persons subject to this section under subsection (b) who are considered for or administered polygraph examinations under this section. Such safeguards shall include the following:
(A) The examinee shall receive timely notification of the examination and its intended purpose and may only be given the examination with the consent of the examinee.
(B) The examinee shall be advised of the examinee's right to consult with legal counsel.
(C) All questions asked concerning the matter at issue, other than technical questions necessary to the polygraph technique, must have a relevance to the subject of the inquiry.
(f)
(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees.
(g)
(1) An on-going evaluation of the validity of polygraph techniques used by the Department.
(2) Research on polygraph countermeasures and anti-countermeasures.
(3) Developmental research on polygraph techniques, instrumentation, and analytic methods.
(Added Pub. L. 108–136, div. A, title X, §1041(a)(1), Nov. 24, 2003, 117 Stat. 1607; amended Pub. L. 109–163, div. A, title X, §1054(a), Jan. 6, 2006, 119 Stat. 3436.)
References in Text
Executive Order No. 12958, referred to in subsec. (c)(1)(B), which was formerly set out as a note under
Prior Provisions
Provisions similar to those in this section were contained in Pub. L. 100–180, title XI, §1121, Dec. 4, 1987, 101 Stat. 1147, as amended, which was set out as a note under
Amendments
2006—
Effective Date of 2006 Amendment
Pub. L. 109–163, div. A, title X, §1054(b), Jan. 6, 2006, 119 Stat. 3438, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to polygraph examinations administered beginning on the date of the enactment of this Act [Jan. 6, 2006]."
§1565. DNA identification information: collection from certain offenders; use
(a)
(2) For each member described in paragraph (1), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that member, or if a DNA sample has been or is to be collected from that member under section 3(a) of the DNA Analysis Backlog Elimination Act of 2000, the Secretary concerned may (but need not) collect a DNA sample from that member.
(3) The Secretary concerned may enter into agreements with other Federal agencies, units of State or local government, or private entities to provide for the collection of samples described in paragraph (1).
(b)
(1) carry out a DNA analysis on each such DNA sample in a manner that complies with the requirements for inclusion of that analysis in CODIS; and
(2) furnish the results of each such analysis to the Director of the Federal Bureau of Investigation for inclusion in CODIS.
(c)
(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(d)
(1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.
(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (
(e)
(2) For purposes of paragraph (1), the term "qualifying offense" means any of the following offenses:
(A) A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000.
(B) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000.
(C) A qualifying military offense.
(3) For purposes of paragraph (1), a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(f)
(Added Pub. L. 106–546, §5(a)(1), Dec. 19, 2000, 114 Stat. 2731; amended Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–405, title II, §203(c), Oct. 30, 2004, 118 Stat. 2270.)
References in Text
Sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2), are classified to sections 14135a and 14135b, respectively, of Title 42, The Public Health and Welfare.
The Uniform Code of Military Justice, referred to in subsec. (d), is classified to
Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (e)(1), is classified to
Amendments
2004—Subsec. (d).
"(1) Subject to paragraph (2), the Secretary of Defense, in consultation with the Attorney General, shall determine those felony or sexual offenses under the Uniform Code of Military Justice that shall be treated for purposes of this section as qualifying military offenses.
"(2) An offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000), as determined by the Secretary in consultation with the Attorney General, shall be treated for purposes of this section as a qualifying military offense."
2002—Subsec. (f).
Effective Date of 2002 Amendment
Amendment by
Initial Determination of Qualifying Military Offenses
Pub. L. 106–546, §5(b), Dec. 19, 2000, 114 Stat. 2733, provided that: "The initial determination of qualifying military offenses under
Commencement of Collection
Pub. L. 106–546, §5(c), Dec. 19, 2000, 114 Stat. 2733, provided that: "Collection of DNA samples under section 1565(a) of such title, as added by subsection (a)(1), shall, subject to the availability of appropriations, commence not later than the date that is 60 days after the date of the initial determination referred to in subsection (b) [set out above]."
§1565a. DNA samples maintained for identification of human remains: use for law enforcement purposes
(a)
(2) A DNA sample with respect to an individual shall be provided under paragraph (1) in a manner that does not compromise the ability of the Department of Defense to maintain a sample with respect to that individual for the purpose of identification of human remains.
(b)
(c)
(Added Pub. L. 107–314, div. A, title X, §1063(a), Dec. 2, 2002, 116 Stat. 2653.)
§1566. Voting assistance: compliance assessments; assistance
(a)
(b)
(1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (
(2) any similar program.
(c)
(A) an annual review of the effectiveness of voting assistance programs; and
(B) an annual review of the compliance with voting assistance programs of that armed force.
(2) Upon the completion of each annual review under paragraph (1), each Inspector General specified in that paragraph shall submit to the Inspector General of the Department of Defense a report on the results of each such review. Such report shall be submitted in time each year to be reflected in the report of the Inspector General of the Department of Defense under paragraph (3).
(3) Not later than March 31 each year, the Inspector General of the Department of Defense shall submit to Congress a report on—
(A) the effectiveness during the preceding calendar year of voting assistance programs; and
(B) the level of compliance during the preceding calendar year with voting assistance programs of each of the Army, Navy, Air Force, and Marine Corps.
[(d) Repealed. Pub. L. 109–364, div. A, title V, §596(a), Oct. 17, 2006, 120 Stat. 2235.]
(e)
(f)
(2) Under regulations and procedures (including directives) prescribed by the Secretary, a member of the armed forces appointed or assigned to duty as a voting assistance officer shall, to the maximum extent practicable, be given the time and resources needed to perform the member's duties as a voting assistance officer during the period in advance of a general election when members and their dependents are preparing and submitting absentee ballots.
(g)
(2) The Secretary shall ensure that voting materials are transmitted expeditiously by military postal authorities at all times. The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense is responsible for collecting mail for return shipment to the United States. The Secretary shall ensure that the measures implemented under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on which the election for Federal office is held.
(3) In this section, the term "general Federal election month" means November in an even-numbered year.
(h)
(i)
(2) The Secretary of each military department shall make the national voter registration form prepared for purposes of the Uniformed and Overseas Citizens Absentee Voting Act by the Federal Election Commission available so that each person who enlists shall receive such form at the time of the enlistment, or as soon thereafter as practicable.
(3) Where practicable, a special day or days shall be designated at each military installation for the purpose of informing members of the armed forces and their dependents of election timing, registration requirements, and voting procedures.
(Added Pub. L. 107–107, div. A, title XVI, §1602(a)(1), Dec. 28, 2001, 115 Stat. 1274; amended Pub. L. 107–252, title VII, §701, Oct. 29, 2002, 116 Stat. 1722; Pub. L. 108–375, div. A, title X, §1084(d)(13), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–364, div. A, title V, §596(a), (d), Oct. 17, 2006, 120 Stat. 2235, 2236.)
References in Text
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsecs. (b)(1), (e), and (i)(2), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, as amended, which is classified principally to subchapter I–G (§1973ff et seq.) of
Amendments
2006—Subsec. (d).
Subsec. (g)(2).
2004—Subsec. (g)(2).
Subsecs. (h), (i)(1), (3).
2002—Subsec. (f).
Subsec. (g)(2).
Subsec. (h).
Subsec. (i).
Initial Report
Pub. L. 107–107, div. A, title XVI, §1602(b), Dec. 28, 2001, 115 Stat. 1276, directed that the first report under subsec. (c)(3) of this section be submitted not later than Mar. 31, 2003.
§1566a. Voting assistance: voter assistance offices
(a)
(1) Information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (
(2) Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an election for Federal office.
(3) Information and assistance, if requested, including access to the Internet where practicable, to update the individual's voter registration information, including instructions for absent uniformed services voters to change their address by submitting the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act to the appropriate State election official.
(4) Information and assistance, if requested, to request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (
(b)
(1) are undergoing a permanent change of duty station;
(2) are deploying overseas for at least six months;
(3) are returning from an overseas deployment of at least six months; or
(4) otherwise request assistance related to voter registration.
(c)
(1) if described in subsection (b)(1), as part of the administrative in-processing of the covered individual upon arrival at the new duty station of the covered individual;
(2) if described in subsection (b)(2), as part of the administrative out-processing of the covered individual in preparation for deployment from the home duty station of the covered individual;
(3) if described in subsection (b)(3), as part of the administrative in-processing of the covered individual upon return to the home duty station of the covered individual; or
(4) if described in subsection (b)(4), at the time the covered individual requests such assistance.
(d)
(1) the availability of information and voter registration assistance at offices designated under subsection (a); and
(2) the time, location, and manner in which an absent uniformed services voter may utilize such assistance.
(e)
(f)
(g)
(1) The term "absent uniformed services voter" has the meaning given that term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (
(2) The term "Federal office" has the meaning given that term in section 107(3) of the Uniformed and Overseas Citizens Absentee Voting Act (
(3) The term "Presidential designee" means the official designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (
(Added Pub. L. 111–84, div. A, title V, §583(b)(1), Oct. 28, 2009, 123 Stat. 2328; amended Pub. L. 111–383, div. A, title X, §1075(b)(21), Jan. 7, 2011, 124 Stat. 4370.)
References in Text
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (a), is the date of enactment of
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (a)(4), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to subchapter I–G (§1973ff et seq.) of
The National Voter Registration Act of 1993, referred to in subsec. (e), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which is classified principally to subchapter I–H (§1973gg et seq.) of
Amendments
2011—Subsec. (a)(1).
§1567. Duration of military protective orders
A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.
(Added Pub. L. 110–417, [div. A], title V, §561(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, §1073(a)(16), Oct. 28, 2009, 123 Stat. 2473.)
Amendments
2009—
§1567a. Mandatory notification of issuance of military protective order to civilian law enforcement
(a)
(1) the issuance of the protective order; and
(2) the individuals involved in the order.
(b)
(1) any change made in a protective order covered by subsection (a); and
(2) the termination of the protective order.
(Added Pub. L. 110–417, [div. A], title V, §562(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, §1073(a)(17), Oct. 28, 2009, 123 Stat. 2473.)
Amendments
2009—
