10 U.S.C. § 8226 — Fatality reviews

Page 3201 TITLE 10—ARMED FORCES § 8226 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8222. Indebtedness to Marine Corps Exchanges: payment from appropriated funds in certain cases Under regulations prescribed by the Secretary of the Navy, appropriations for the pay of the Marine Corps are available to pay any indebted- ness to Marine Corps Exchanges of members of the Marine Corps who are discharged, who desert, or who are sentenced to prison. (Aug. 10, 1956, ch. 1041, 70A Stat. 378, § 6032; re- numbered § 8222, Pub. L. 115–232, div. A, title VIII, § 807(b)(7), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6032 ......... 34 U.S.C. 725. Aug. 2, 1946, ch. 756, § 28, 60 Stat. 857. The words ‘‘while in debt to the United States’’ are omitted as surplusage and to avoid the erroneous inter- pretation that the provision authorizes the payment, out of appropriations, of debts other than to Marine Corps Exchanges. Editorial Notes PRIOR PROVISIONS Prior sections 8222 to 8224 were repealed by Pub. L. 103–337, div. A, title XVI, § 1662(a)(3), Oct. 5, 1994, 108 Stat. 2988. Section 8222, acts Aug. 10, 1956, ch. 1041, 70A Stat. 502; Dec. 12, 1980, Pub. L. 96–513, title V, § 504(9), 94 Stat. 2916, related to authorized strength of Air Force Re- serve, exclusive of members on active duty. See section 12002(a) of this title. Section 8223, act Aug. 10, 1956, ch. 1041, 70A Stat. 502, related to authorized strength of Air Force Reserve in warrant officers. See section 12008 of this title. Section 8224, act Aug. 10, 1956. ch. 1041, 70A Stat. 502, related to authorized strength of Air National Guard of United States. See section 12001 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6032 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8225. Female members: congressional review period for assignment to duty on submarines or for reconfiguration of submarines (a) No change in the Department of the Navy policy limiting service on submarines to males, as in effect on May 10, 2000, may take effect until— (1) the Secretary of Defense submits to Con- gress written notice of the proposed change; and (2) a period of 30 days of continuous session of Congress (excluding any day on which ei- ther House of Congress is not in session) ex- pires following the date on which the notice is received. (b) No funds available to the Department of the Navy may be expended to reconfigure any existing submarine, or to design any new sub- marine, to accommodate female crew members until— (1) the Secretary of Defense submits to Con- gress written notice of the proposed reconfig- uration or design; and (2) a period of 30 days of continuous session of Congress (excluding any day on which ei- ther House of Congress is not in session) ex- pires following the date on which the notice is received. (c) For purposes of this section, the continuity of a session of Congress is broken only by an ad- journment of the Congress sine die. (Added Pub. L. 106–398, § 1 [[div. A], title V, § 573(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–136, § 6035; renumbered § 8225, Pub. L. 115–232, div. A, title VIII, § 807(b)(7), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS A prior section 8225, acts Aug. 10, 1956, ch. 1041, 70A Stat. 503; Dec. 12, 1980, Pub. L. 96–513, title V, § 504(9), 94 Stat. 2916; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, § 1234(a)(1), 102 Stat. 2059, related to authorized strength of Air National Guard and Air National Guard of United States, exclusive of members on active duty, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(a)(3), Oct. 5, 1994, 108 Stat. 2988. See section 12002 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6035 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8226. Fatality reviews (a) REVIEW OF FATALITIES.—The Secretary of the Navy shall conduct a multidisciplinary, im- partial review (referred to as a ‘‘fatality re- view’’) in the case of each fatality known or sus- pected to have resulted from domestic violence or child abuse against any of the following. (1) A member of the naval service on active duty. (2) A current or former dependent of a mem- ber of the naval service on active duty. (3) A current or former intimate partner who has a child in common or has shared a com- mon domicile with a member of the naval service on active duty. (b) MATTERS TO BE INCLUDED.—The report of a fatality review under subsection (a) shall, at a minimum, include the following: (1) An executive summary. Page 3202 TITLE 10—ARMED FORCES § 8227 (2) Data setting forth victim demographics, injuries, autopsy findings, homicide or suicide methods, weapons, police information, assail- ant demographics, and household and family information. (3) Legal disposition. (4) System intervention and failures, if any, within the Department of Defense. (5) A discussion of significant findings. (6) Recommendations for systemic changes, if any, within the Department of the Navy and the Department of Defense. (c) OSD GUIDANCE.—The Secretary of Defense shall prescribe guidance, which shall be uniform for the military departments, for the conduct of reviews by the Secretary under subsection (a). (Added Pub. L. 108–136, div. A, title V, § 576(b)(1), Nov. 24, 2003, 117 Stat. 1487, § 6036; renumbered § 8226, Pub. L. 115–232, div. A, title VIII, § 807(b)(7), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes PRIOR PROVISIONS A prior section 8230, added Pub. L. 85–861, § 1(164)(B), Sept. 2, 1958, 72 Stat. 1515, provided that members of Air Force who are detailed for any duty with agencies of United States outside the Department of Defense on a reimbursable basis not be counted in computing strengths under any law, prior to repeal by Pub. L. 96–513, title II, § 232, Dec. 12, 1980, 94 Stat. 2886, effective Sept. 15, 1981. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6036 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section applicable to fatalities that occur on or after Nov. 24, 2003, see section 576(d) of Pub. L. 108–136, set out as a note under section 7381 of this title. § 8227. Notifications on manning of afloat naval forces (a) IN GENERAL.—The Secretary of the Navy shall notify the congressional defense commit- tees, in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as fol- lows: (1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter. (2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter. (b) ELEMENTS.—The notification required by subsection (a) shall include, with respect to a covered ship, the following: (1) The name and hull number of the ship. (2) The homeport location of the ship. (3) The current manning fit and fill of the ship. (4) If the lowest level of manning fit or man- ning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred. (5) If the lowest level of manning fit or man- ning fill for the ship is projected to occur after the fiscal year quarter concerned, the pro- jected level and the date on which such level is projected to occur. (6) If not achieved as of the date of the noti- fication the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship. (7) If not achieved as of the date of the noti- fication, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship. (8) A description of the reasons the Navy has not achieved, or will not achieve, as applica- ble, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, in- cluding a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages. (9) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship. (c) SPECIAL RULE.—For purposes of deter- mining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade. (d) CREWING OF A SURFACE COMBATANT VESSEL: PROHIBITION; EXCEPTION.—(1) Beginning on Octo- ber 1, 2025, the Secretary of the Navy may not assign more than one crew to a covered ship that is a surface combatant vessel if any surface combatant vessel was included in a notification under subsection (a) during the 12 months pre- ceding such assignment. (2) The prohibition under paragraph (1) shall not apply to a littoral combat ship configured to conduct mine countermeasures if the Secretary of the Navy submits to the congressional de- fense committees a certification and detailed explanation that such ship is unable to meet operational requirements regarding mine coun- termeasures, determined by the commander of a combatant command concerned, with only one crew. (e) DEFINITIONS.—In this section: (1) The term ‘‘covered ship’’ means a com- missioned battle force ship that is included in the battle force count of the Naval Vessel Reg- ister. (2) The term ‘‘manning fill’’, in the case of a ship, means the total number of military per- sonnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating. (3) The term ‘‘manning fit’’, in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experi- ence (paygrade) for the ship when compared with the ship manpower document require- ment and billets authorized for such skills and experience.