10 U.S.C. § 1565b — Victims of sexual assault: access to legal

Page 1492 TITLE 10—ARMED FORCES § 1565a (f) REGULATIONS.—This section shall be carried out under regulations prescribed by the Sec- retary of Defense, in consultation with the Sec- retary of Homeland Security and the Attorney General. Those regulations shall apply, to the extent practicable, uniformly throughout the armed forces. (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.) Editorial Notes REFERENCES IN TEXT Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2)(A), is section 3 of Pub. L. 106–546, which was clas- sified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial reclassification as sec- tion 40702 of Title 34, Crime Control and Law Enforce- ment. Section 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (e)(2)(B), is section 4 of Pub. L. 106–546, which is classified to section 40703 of Title 34, Crime Control and Law Enforcement. The Uniform Code of Military Justice, referred to in subsec. (d), is classified to chapter 47 (§ 801 et seq.) of this title. Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (e)(1), is classified to section 12592 of Title 34, Crime Control and Law Enforcement. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) Subject to paragraph (2), the Secretary of De- fense, 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 of- fenses. ‘‘(2) An offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal of- fense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000), as deter- mined by the Secretary in consultation with the Attor- ney General, shall be treated for purposes of this sec- tion as a qualifying military offense.’’ 2002—Subsec. (f). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. INITIAL DETERMINATION OF QUALIFYING MILITARY OFFENSES Pub. L. 106–546, § 5(b), Dec. 19, 2000, 114 Stat. 2733, pro- vided that: ‘‘The initial determination of qualifying military offenses under section 1565(d) of title 10, United States Code, as added by subsection (a)(1), shall be made not later than 120 days after the date of the en- actment of this Act [Dec. 19, 2000].’’ COMMENCEMENT OF COLLECTION Pub. L. 106–546, § 5(c), Dec. 19, 2000, 114 Stat. 2733, pro- vided 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 identifica- tion of human remains: use for law enforce- ment purposes (a) COMPLIANCE WITH COURT ORDER.—(1) Sub- ject to paragraph (2), if a valid order of a Fed- eral court (or military judge) so requires, an ele- ment of the Department of Defense that main- tains a repository of DNA samples for the pur- pose of identification of human remains shall make available, for the purpose specified in sub- section (b), such DNA samples on such terms and conditions as such court (or military judge) directs. (2) A DNA sample with respect to an indi- vidual 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) COVERED PURPOSE.—The purpose referred to in subsection (a) is the purpose of an inves- tigation or prosecution of a felony, or any sex- ual offense, for which no other source of DNA in- formation is reasonably available. (c) DEFINITION.—In this section, the term ‘‘DNA sample’’ has the meaning given such term in section 1565(c) of this title. (Added Pub. L. 107–314, div. A, title X, § 1063(a), Dec. 2, 2002, 116 Stat. 2653.) § 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Re- sponse Coordinators and Sexual Assault Vic- tim Advocates (a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM ADVOCATE SERVICES.—(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following: (A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title. (B) Assistance provided by a Sexual Assault Response Coordinator. (C) Assistance provided by a Sexual Assault Victim Advocate. (2) A member of the armed forces or dependent who is the victim of sexual assault shall be in- formed of the availability of assistance under paragraph (1) as soon as the member or depend- ent seeks assistance from a Sexual Assault Re- sponse Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sex- ual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time. (3) Subject to such exceptions for exigent cir- cumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under Page 1493 TITLE 10—ARMED FORCES § 1565b section 1044e of this title shall be provided to a member of the armed forces or dependent who is the victim of sexual assault before any military criminal investigator or trial counsel inter- views, or requests any statement from, the member or dependent regarding the alleged sex- ual assault. (4) Legal assistance and the services of Sexual Assault Response Coordinators and Sexual As- sault Victim Advocates under paragraph (1) shall be available to a member or dependent re- gardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault. (b) RESTRICTED REPORTING.—(1) Under regula- tions prescribed by the Secretary of Defense, a member of the armed forces, or an adult depend- ent of a member, who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, without initiating an official in- vestigation of the allegations. (2) The individuals specified in this paragraph are the following: (A) A Sexual Assault Response Coordinator. (B) A Sexual Assault Victim Advocate. (C) Healthcare personnel specifically identi- fied in the regulations required by paragraph (1). (3) In the case of information disclosed pursu- ant to paragraph (1), any State law or regulation that would require an individual specified in paragraph (2) to disclose the personally identifi- able information of the adult victim or alleged perpetrator of the sexual assault to a State or local law enforcement agency shall not apply, except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual. (c) DEFINITIONS.—In this section: (1) SEXUAL ASSAULT.—The term ‘‘sexual as- sault’’ includes the offenses of rape, sexual as- sault, forcible sodomy, aggravated sexual con- tact, abusive sexual contact, and attempts to commit such offenses, as punishable under ap- plicable Federal or State law. (2) STATE.—The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, and any territory or pos- session of the United States. (Added Pub. L. 112–81, div. A, title V, § 581(b)(1), Dec. 31, 2011, 125 Stat. 1431; amended Pub. L. 113–66, div. A, title XVII, § 1716(a)(3)(C), Dec. 26, 2013, 127 Stat. 969; Pub. L. 114–92, div. A, title V, §§ 534(b), 536, Nov. 25, 2015, 129 Stat. 816, 817.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(3), (4). Pub. L. 114–92, § 534(b), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 114–92, § 536(b), substituted ‘‘an adult dependent’’ for ‘‘a dependent’’. Subsec. (b)(3). Pub. L. 114–92, § 536(a), added par. (3). Subsec. (c). Pub. L. 114–92, § 536(c), added subsec. (c). 2013—Subsec. (a)(1)(A). Pub. L. 113–66 substituted ‘‘sections 1044 and 1044e’’ for ‘‘section 1044’’. Statutory Notes and Related Subsidiaries DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION Pub. L. 117–263, div. A, title V, § 549C, Dec. 23, 2022, 136 Stat. 2591, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense, acting through the head of the Sexual Assault Prevention and Response Office of the Department of Defense, shall ensure that information on the availability of legal resources from civilian legal service organizations is distributed to military-con- nected sexual assault victims in an organized and con- sistent manner.’’ COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA Pub. L. 116–283, div. A, title V, § 538, Jan. 1, 2021, 134 Stat. 3605, provided that: ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Sec- retaries of Defense and Veterans Affairs shall jointly develop, implement, and maintain a standard of coordi- nated care for members of the Armed Forces who are survivors of sexual trauma. Such standard shall include the following: ‘‘(b) MINIMUM ELEMENTS.—The standard developed and implemented under subsection (a) by the Secre- taries of Defense and Veterans Affairs shall include the following: ‘‘(1) INFORMATION FOR MEMBERS OF THE ARMED FORCES.—The Secretary of Defense shall ensure that— ‘‘(A) Sexual Assault Response Coordinators and Uniformed Victim Advocates receive annual train- ing on resources of the Department of Veterans Af- fairs regarding sexual trauma; ‘‘(B) information regarding services furnished by the Secretary of Veterans Affairs to survivors of sexual trauma is provided to each such survivor; and ‘‘(C) information described in subparagraph (B) is posted in the following areas in each facility of the Department of Defense: ‘‘(i) An office of the Family Advocacy Program. ‘‘(ii) An office of a mental health care provider. ‘‘(iii) Each area in which sexual assault preven- tion staff normally post notices or information. ‘‘(iv) High-traffic areas (including dining facili- ties). ‘‘(2) COORDINATION BETWEEN STAFF OF THE DEPART- MENTS.—The Secretaries shall ensure that a Sexual Assault Response Coordinator or Uniformed Victim Advocate of the Department of Defense who receives a report of an instance of sexual trauma connects the survivor to the Military Sexual Trauma Coordinator of the Department of Veterans Affairs at the facility of that Department nearest to the residence of that survivor if that survivor is a member separating or retiring from the Armed Forces. ‘‘(c) REPORTS.— ‘‘(1) REPORT ON RESIDENTIAL TREATMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of Defense and Veterans Affairs shall provide a report to the appropriate committees of Congress regarding the availability of residential treatment programs for survivors of sexual trauma, including— ‘‘(A) barriers to access for such programs; and ‘‘(B) resources required to reduce such barriers. ‘‘(2) INITIAL REPORT.—Upon implementation of the standard under subsection (a), the Secretaries of De- fense and Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the standard. ‘‘(3) PROGRESS REPORTS.—Not later than 180 days after submitting the initial report under paragraph (2), and on December 1 of each subsequent year, the Secretaries of Defense and Veterans Affairs shall Page 1494 TITLE 10—ARMED FORCES § 1566 1 See References in Text note below. jointly submit to the appropriate committees of Con- gress a report on the progress of the Secretaries in implementing and improving the standard. ‘‘(4) UPDATES.—Whenever the Secretaries of Defense and Veterans Affairs update the standard developed under subsection (a), the Secretaries shall jointly submit to the appropriate committees of Congress a report on such update, including a comprehensive and detailed description of such update and the reasons for such update. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘sexual trauma’ means a condition described in section 1720D(a)(1) of title 38, United States Code. ‘‘(2) The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and ‘‘(B) the Committees on Armed Services of the House of Representatives and the Senate.’’ INFORMATION FOR MEMBERS OF THE ARMED FORCES ON AVAILABILITY OF SERVICES OF THE DEPARTMENT OF VETERANS AFFAIRS RELATING TO SEXUAL TRAUMA Pub. L. 116–92, div. A, title V, § 599, Dec. 20, 2019, 133 Stat. 1421, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall in- form members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services of the Department of Veterans Af- fairs relating to sexual trauma. ‘‘(b) INFORMATION FROM SEXUAL ASSAULT RESPONSE COORDINATORS.—The Secretary of Defense shall en- sure— ‘‘(1) that Sexual Assault Response Coordinators and uniformed victims advocates of the Department of Defense advise members of the Armed Forces who re- port instances of sexual trauma regarding the eligi- bility of such members for services at the Depart- ment of Veterans Affairs; and ‘‘(2) that such information is included in mandatory training materials. ‘‘(c) SEXUAL TRAUMA DEFINED.—In this section, the term ‘sexual trauma’ means psychological trauma de- scribed in section 1720D(a)(1) of title 38, United States Code.’’ LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT Pub. L. 112–81, div. A, title V, § 581(a), Dec. 31, 2011, 125 Stat. 1430, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to vic- tims of sexual assault. Such regulations shall require that legal assistance be provided by military or civilian legal assistance counsel pursuant to section 1044 of title 10, United States Code.’’ § 1566. Voting assistance: compliance assess- ments; assistance (a) REGULATIONS.—The Secretary of Defense shall prescribe regulations to require that the Army, Navy, Air Force, Marine Corps, and Space Force ensure their compliance with any direc- tives issued by the Secretary of Defense in im- plementing any voting assistance program. (b) VOTING ASSISTANCE PROGRAMS DEFINED.— In this section, the term ‘‘voting assistance pro- grams’’ means— (1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); 1 and (2) any similar program. (c) ANNUAL EFFECTIVENESS AND COMPLIANCE REVIEWS.—(1) The Inspector General of each of the Army, Navy, Air Force, Marine Corps, and Space Force shall conduct— (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 Gen- eral of the Department of Defense under para- graph (3). (3) Not later than March 31 each year, the In- spector 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 pre- ceding calendar year with voting assistance programs of each of the Army, Navy, Air Force, Marine Corps, and Space Force. [(d) Repealed. Pub. L. 109–364, div. A, title V, § 596(a), Oct. 17, 2006, 120 Stat. 2235.] (e) REGULAR MILITARY DEPARTMENT ASSESS- MENTS.—The Secretary of each military depart- ment shall include in the set of issues and pro- grams to be reviewed during any management effectiveness review or inspection at the instal- lation level an assessment of compliance with the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 1 and with Department of Defense regulations regarding the Federal Voting Assistance Program. (f) VOTING ASSISTANCE OFFICERS.—(1) Voting assistance officers shall be appointed or assigned under Department of Defense regulations. Com- manders at all levels are responsible for ensur- ing that unit voting officers are trained and equipped to provide information and assistance to members of the armed forces on voting mat- ters. Performance evaluation reports pertaining to a member who has been assigned to serve as a voting assistance officer shall comment on the performance of the member as a voting assist- ance officer. (2) Under regulations and procedures (includ- ing directives) prescribed by the Secretary, a member of the armed forces appointed or as- signed 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 offi- cer during the period in advance of a general election when members and their dependents are preparing and submitting absentee ballots. (g) DELIVERY OF MAIL FROM OVERSEAS PRE- CEDING FEDERAL ELECTIONS.—(1) During the four months preceding a general Federal election month, the Secretary of Defense shall periodi- cally conduct surveys of all overseas locations and vessels at sea with military units respon- sible for collecting mail for return shipment to the United States and all port facilities in the