10 U.S.C. § 1562 — Database on domestic violence incidents

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- Page 1475 TITLE 10—ARMED FORCES § 1562 partment of Defense domestic violence programs, to include oversight of implementation of recommenda- tions made by the Defense Task Force on Domestic Violence, including budgeting, communication initia- tives, and policy compliance. ‘‘(b) IMPLEMENTATION REPORT.—The Secretary of De- fense shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] an implementation report within 90 days of the completion of actions outlined in subsection (a).’’ COMPTROLLER GENERAL REVIEW AND REPORT Pub. L. 108–136, div. A, title V, § 575, Nov. 24, 2003, 117 Stat. 1486, provided that: ‘‘(a) REVIEW.—During the two-year period beginning on the date of the enactment of this Act [Nov. 24, 2003], the Comptroller General shall review and assess the progress of the Department of Defense in implementing the recommendations of the Defense Task Force on Do- mestic Violence. In reviewing the status of the Depart- ment’s efforts, the Comptroller General should specifi- cally focus on— ‘‘(1) the efforts of the Department to ensure con- fidentiality for victims and accountability and edu- cation 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 sup- port, 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 depart- ments of recommendations of the Task Force in order for that organization to carry out its duties and re- sponsibilities. ‘‘(b) REPORT.—The Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Rep- resentatives a report on the results of the review and assessment under subsection (a) not later than 30 months after the date of the enactment of this Act [Nov. 24, 2003].’’ 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, stra- tegic plan to address matters relating to domestic vio- lence within the military more effectively, to review the victims’ safety program under Pub. L. 106–65, § 592, set out below, and other matters relating to acts of do- mestic violence involving members of the Armed Forces, and to submit to the Secretary an annual re- port on its activities and activities of the military de- partments; directed the Secretary to submit the report and the Secretary’s evaluation of the report to commit- tees of Congress; and provided for the termination of the task force on Apr. 24, 2003. INCENTIVE PROGRAM FOR IMPROVING RESPONSES TO DO- MESTIC 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) PURPOSE.—The purpose of this section is to pro- vide a program for the establishment on military in- stallations of collaborative projects involving appro- priate elements of the Armed Forces and the civilian community to improve, strengthen, or coordinate pre- vention and response efforts to domestic violence in- volving members of the Armed Forces, military family members, and others. ‘‘(b) PROGRAM.—The Secretary of Defense shall estab- lish a program to provide funds and other incentives to commanders of military installations for the following purposes: ‘‘(1) To improve coordination between military and civilian law enforcement authorities in policies, training, and responses to, and tracking of, cases in- volving 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 mem- bers of the Armed Forces by civilian courts, and (B) for orders issued by military commanders to mem- bers 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 vic- tims of military domestic violence. ‘‘(4) To assist in educating judges, prosecutors, and legal offices in improved handling of military domes- tic violence cases. ‘‘(5) To develop and implement more effective poli- cies, protocols, orders, and services specifically de- voted to preventing, identifying, and responding to domestic violence. ‘‘(6) To develop, enlarge, or strengthen victims’ services programs, including sexual assault and do- mestic violence programs, developing or improving delivery of victims’ services, and providing confiden- tial access to specialized victims’ advocates. ‘‘(7) To develop and implement primary prevention programs. ‘‘(8) To improve the response of health care pro- viders to incidents of domestic violence, including the development and implementation of screening protocols. ‘‘(c) PRIORITY.—The Secretary shall give priority in providing funds and other incentives under the program to installations at which the local program will empha- size building or strengthening partnerships and collabo- ration among military organizations such as family ad- vocacy program, military police or provost marshal or- ganizations, judge advocate organizations, legal offices, health affairs offices, and other installation-level mili- tary commands between those organizations and appro- priate civilian organizations, including civilian law en- forcement, domestic violence advocacy organizations, and domestic violence shelters. ‘‘(d) APPLICATIONS.—The Secretary shall establish guidelines for applications for an award of funds under the program to carry out the program at an installa- tion. ‘‘(e) AWARDS.—The Secretary shall determine the award of funds and incentives under this section. In making a determination of the installations to which funds or other incentives are to be provided under the program, the Secretary shall consult with an award re- view committee consisting of representatives from the Armed Forces, the Department of Justice, the Depart- ment of Health and Human Services, and organizations with a demonstrated expertise in the areas of domestic violence and victims’ safety.’’ 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) REQUIREMENT.—The Secretary of Defense shall prescribe the following: ‘‘(1) Standard guidelines to be used by the Secre- taries of the military departments for negotiating agreements with civilian law enforcement authorities relating to acts of domestic violence involving mem- bers of the Armed Forces. ‘‘(2) A requirement (A) that when a commanding of- ficer 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 or- ders. ‘‘(3) Standard guidelines on the factors for com- manders to consider when seeking to substantiate al- Page 1476 TITLE 10—ARMED FORCES § 1562a legations of domestic violence by a person subject to the Uniform Code of Military Justice and when deter- mining appropriate action for such allegations that are so substantiated. ‘‘(4) A standard training program for all com- manding officers in the Armed Forces, including a standard curriculum, on the handling of domestic vi- olence cases. ‘‘(b) DEADLINE.—The Secretary of Defense shall carry out subsection (a) not later than six months after the date on which the Secretary receives the first report of the Defense Task Force on Domestic Violence under section 591(e) [set out as a note above].’’ § 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and re- lated persons: tracking by Department of De- fense (a) DESIGNATION OF RESPONSIBLE COMPONENT.— The Secretary of Defense shall designate a com- ponent of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information re- quired to be documented and tracked as de- scribed in subsection (b). (b) TRACKING OF ALLEGATIONS.—The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, includ- ing— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have en- gaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decision- maker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information per- taining to the allegation determined appro- priate by the Secretary or the head of the component designated by the Secretary. (c) COVERED ALLEGATION OF RETALIATION DE- FINED.—In this section, the term ‘‘covered alle- gation of retaliation’’ means an allegation of re- taliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an al- leged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative orga- nization; (C) a commander or other person at the di- rection of the commander; (D) another military or civilian law en- forcement organization; or (E) any other organization, officer, or em- ployee of the Department of Defense. (Added Pub. L. 117–81, div. A, title V, § 544(a), Dec. 27, 2021, 135 Stat. 1710.) § 1563. Consideration of proposals from Members of Congress for honorary promotions: proce- dures for review and promotion (a) REVIEW BY SECRETARY CONCERNED.—Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the hon- orary promotion (whether or not posthumous) of a former member or retired member of the armed forces that is not otherwise authorized by law. Based upon such review, the Secretary shall make a determination as to the merits of ap- proving the promotion. (b) NOTICE OF RESULTS OF REVIEW.—Upon mak- ing a determination under subsection (a) as to the merits of approving the honorary pro- motion, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed discussion of the rationale supporting the determination. (c) AUTHORITY TO MAKE.—(1) Under regula- tions prescribed by the Secretary of Defense, the Secretary of Defense may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general or rear admiral (upper half) fol- lowing the submittal of the determination of the Secretary concerned under subsection (b) in con- nection with the proposal for the promotion if the determination is to approve the making of the promotion. (2) The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connec- tion with the proposal for the promotion under subsection (b), and the detailed rationale sup- porting the determination as described in that subsection, to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives and the requesting Member in accordance with that subsection. (3) The authority to make an honorary pro- motion under this subsection shall apply not- withstanding that the promotion is not other- wise authorized by law. (4) Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former mem- ber or retired member, nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member. (d) DEFINITION.—In this section, the term ‘‘Member of Congress’’ means— (1) a Senator; or