10 U.S.C. § 1561a — Civilian orders of protection: force and

Page 1473 TITLE 10—ARMED FORCES § 1561a ‘‘(2) The Secretary shall transmit to Congress the re- port of the task force not later than October 10, 1994. ‘‘(b) SECRETARIAL REVIEW.—Not later than 45 days after receiving the report under subsection (a), the Sec- retary shall— ‘‘(1) review the recommendations for action con- tained in the report; ‘‘(2) determine which recommendations the Sec- retary approves for implementation and which rec- ommendations 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) COMPREHENSIVE DOD POLICY.—(1) Based on the approved recommendations of the task force and such other factors as the Secretary considers appropriate, the Secretary shall develop a comprehensive Depart- ment of Defense policy for processing complaints of sexual harassment and discrimination involving mem- bers of the Armed Forces under the jurisdiction of the Secretary. ‘‘(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 im- plemented uniformly by the military departments inso- far 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 unlaw- ful discrimination and sexual harassment. ‘‘(d) MILITARY DEPARTMENT POLICIES.—(1) The Sec- retary of the Navy and the Secretary of the Air Force shall review and revise the regulations of the Depart- ment of the Navy and the Department of the Air Force, respectively, relating to equal opportunity policy and procedures in that Department for the making of, and responding to, complaints of unlawful discrimination and sexual harassment in order to ensure that those regulations are substantially equivalent to the regula- tions of the Department of the Army on such matters. ‘‘(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 Depart- ment 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 regu- lations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense con- siders appropriate to strengthen the regulations in ac- cordance with the recommendations and experience de- scribed in subparagraphs (A) and (B) of paragraph (2). ‘‘(e) REPORT OF ADVISORY BOARD.—(1) The Secretary of Defense shall direct the Advisory Board on the Inves- tigative Capability of the Department of Defense, es- tablished by the Secretary of Defense in November 1993, to include in its report to the Secretary (scheduled to be transmitted to the Secretary during December 1994)— ‘‘(A) the recommendations of the Advisory Board as to whether the current Department of Defense orga- nizational structure is adequate to oversee all inves- tigative 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 harass- ment, and other misconduct related to the gender of the victim. ‘‘(2) The Secretary shall transmit to Congress the re- port of the Advisory Board not later than 15 days after receiving the report. ‘‘(f) PERFORMANCE EVALUATION STANDARDS FOR MEM- BERS OF THE ARMED FORCES.—The Secretary of Defense shall ensure that Department of Defense regulations governing consideration of equal opportunity matters in evaluations of the performance of members of the Armed Forces include provisions requiring as a factor in such evaluations consideration of a member’s com- mitment to elimination of unlawful discrimination or of sexual harassment in the Armed Forces.’’ § 1561a. Civilian orders of protection: force and effect on military installations (a) FORCE AND EFFECT.—A civilian order of protection shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order. (b) CIVILIAN ORDER OF PROTECTION DEFINED.— In this section, the term ‘‘civilian order of pro- tection’’ has the meaning given the term ‘‘pro- tection order’’ in section 2266(5) of title 18. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. The regulations shall be designed to fur- ther good order and discipline by members of the armed forces and civilians present on mili- tary installations. (Added Pub. L. 107–311, § 2(a), Dec. 2, 2002, 116 Stat. 2455.) Statutory Notes and Related Subsidiaries POLICIES AND PROCEDURES ON REGISTRATION AT MILI- TARY INSTALLATIONS OF CIVILIAN PROTECTIVE OR- DERS APPLICABLE TO MEMBERS OF THE ARMED FORCES ASSIGNED TO SUCH INSTALLATIONS AND CER- TAIN OTHER INDIVIDUALS Pub. L. 116–92, div. A, title V, § 550A, Dec. 20, 2019, 133 Stat. 1380, provided that: ‘‘(a) POLICIES AND PROCEDURES REQUIRED.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall, in consultation with the Secretaries of the military de- partments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of instal- lations in the registration process. ‘‘(b) CIVILIAN PROTECTIVE ORDERS.—A civilian protec- tive order described in this subsection is any civilian protective order as follows: ‘‘(1) A civilian protective order against a member of the Armed Forces assigned to the installation con- cerned. ‘‘(2) A civilian protective order against a civilian employee employed at the installation concerned. ‘‘(3) A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installa- tion concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. ‘‘(c) PARTICULAR ELEMENTS.—The policies and proce- dures required by subsection (a) shall include the fol- lowing: ‘‘(1) A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces as- Page 1474 TITLE 10—ARMED FORCES § 1561b signed to such installation, a civilian employee em- ployed at such installation, a civilian spouse or inti- mate partner of a member assigned to such installa- tion, or a civilian spouse or intimate partner of a ci- vilian employee employed at such installation be- comes subject to a civilian protective order. ‘‘(2) A statement of policy that failure to register a civilian protective order may not be a justification for the lack of enforcement of such order by military law enforcement and other applicable personnel who have knowledge of such order. ‘‘(d) LETTER.—As soon as practicable after estab- lishing the policies and procedures required by sub- section (a), the Secretary shall submit to the Commit- tees on Armed Services of the Senate and the House of Representatives a letter that includes the following: ‘‘(1) A detailed description of the policies and proce- dures. ‘‘(2) A certification by the Secretary that the poli- cies and procedures have been implemented on each military installation.’’ § 1561b. Confidential reporting of sexual harass- ment (a) REPORTING PROCESS.—Notwithstanding sec- tion 1561 of this title, the Secretary of Defense shall prescribe in regulations a process by which a member of an armed force under the jurisdic- tion of the Secretary of a military department may confidentially allege a complaint of sexual harassment to an individual outside the imme- diate chain of command of the member. (b) RECEIPT OF COMPLAINTS.—An individual designated and trained to receive complaints under the process under subsection (a) shall— (1) maintain the confidentiality of the mem- ber alleging the complaint; (2) explain to the member alleging the com- plaint the different avenues of redress avail- able to resolve the complaint and the different consequences of each avenue on the manner in which the complaint will be investigated (if at all), including an explanation of the following: (A) The manner in which to file a com- plaint concerning alleged sexual harassment with the official or office designated for re- ceipt of such complaint through such avenue of redress. (B) That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety. (C) If the alleged sexual harassment also involves an allegation of sexual assault, in- cluding sexual contact— (i) the manner in which to file a con- fidential report with a Sexual Assault Re- sponse Coordinator or a Sexual Assault Prevention and Response Victim Advo- cate; and (ii) options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program. (D) The services and assistance available to the member in connection with the com- plaint and the alleged sexual harassment. (c) EDUCATION AND TRACKING.—The Secretary of Defense shall— (1) educate members under the jurisdiction of the Secretaries of the military departments regarding the process established under this section; and (2) track complaints alleged pursuant to the process. (d) REPORTS.—Not later than April 30, 2023, and April 30 every two years thereafter, the Sec- retary of Defense shall submit to the Commit- tees on Armed Services of the Senate and the House of Representatives a report containing data on the complaints of sexual harassment al- leged pursuant to the process under subsection (a) during the previous two calendar years. Any data on such complaints shall not contain any personally identifiable information. (Added Pub. L. 116–283, div. A, title V, § 532(a)(1), Jan. 1, 2021, 134 Stat. 3601.) § 1562. Database on domestic violence incidents (a) DATABASE ON DOMESTIC VIOLENCE INCI- DENT.—The Secretary of Defense shall establish a central database of information on the inci- dents of domestic violence involving members of the armed forces. (b) REPORTING OF INFORMATION FOR THE DATA- BASE.—The Secretary shall require that the Sec- retaries of the military departments maintain and report annually to the administrator of the database established under subsection (a) any information received on the following matters: (1) Each domestic violence incident reported to a commander, a law enforcement authority of the armed forces, or a family advocacy pro- gram of the Department of Defense. (2) The number of those incidents that in- volve evidence determined sufficient for sup- porting disciplinary action and, for each such incident, a description of the substantiated al- legation and the action taken by command au- thorities in the incident. (3) The number of those incidents that in- volve evidence determined insufficient for sup- porting 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.) Statutory Notes and Related Subsidiaries IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC VIOLENCE PROGRAMS Pub. L. 111–383, div. A, title V, § 543, Jan. 7, 2011, 124 Stat. 4218, as amended by Pub. L. 113–291, div. A, title V, § 544(b), Dec. 19, 2014, 128 Stat. 3374, provided that: ‘‘(a) IMPLEMENTATION OF OUTSTANDING COMPTROLLER GENERAL RECOMMENDATIONS.—Consistent with the rec- ommendations contained in the report of the Comp- troller General of the United States titled ‘Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence Program’ (GAO–10–577R), the Secretary of Defense shall com- plete, not later than one year after the date of enact- ment of this Act [Jan. 7, 2011], implementation of ac- tions to address the following recommendations: ‘‘(1) ADEQUATE PERSONNEL.—The Secretary of De- fense shall develop a plan to ensure that adequate personnel are available to implement recommenda- tions made by the Defense Task Force on Domestic Violence. ‘‘(2) DOMESTIC VIOLENCE TRAINING DATA FOR CHAP- LAINS.—The Secretary of Defense shall develop a plan to collect domestic violence training data for chap- lains. ‘‘(3) OVERSIGHT FRAMEWORK.—The Secretary of De- fense shall develop an oversight framework for De-