CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES

Title 10 > CHAPTER 80

Sections (27)

§ 1561 Complaints of sexual harassment: independent investigation

(a) Action on Complaints Alleging Sexual Harassment.— A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.

(b) Commencement of Investigation.— To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— forward the formal 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; and advise the complainant of the commencement of the investigation.

(c) Duration of Investigation.— To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.

(d) Report on Investigation.— To the extent practicable, a commanding officer or officer in charge shall— submit a final report on the results of the independent 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 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) Definitions.— In this section: The term “independent investigator” means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who— is outside the immediate chain of command of the complainant and the subject of the investigation; and is trained in the investigation of sexual harassment, as determined by— the Secretary of Defense, in the case of a civilian employee of the Department of Defense; the Secretary of the Army, in the case of a member of the Army; the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or the Secretary of the Air Force, in the case of a member of the Air Force or Space Force. The term “sexual harassment” means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).

“SEC. 1601 DEFINITION OF DEPARTMENT OF DEFENSE SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND OTHER DEFINITIONS.

(“(a) Sexual Assault Prevention and Response Program Defined.— In this title, the term ‘sexual assault prevention and response program’ refers to Department of Defense policies and programs, including policies and programs of a specific military department or Armed Force, that, as modified as required by this title— 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 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 chapter 55 of title 10, United States Code, is the victim.

(“(b) Other Definitions.— In this title: The term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps. The terms ‘covered beneficiary’ and ‘dependent’ have the meanings given those terms in section 1072 of title 10 , United States Code. The term ‘department’ has the meaning given that term in section 101(a)(6) of title 10 , United States Code. The term ‘military installation’ has the meaning given that term by the Secretary concerned. The term ‘Secretary concerned’ means— the Secretary of the Army, with respect to matters concerning the Army; the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and the Secretary of the Air Force, with respect to matters concerning the Air Force. 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 ( Public Law 108–375 ; 10 U.S.C. 113 note) [now set out below], subject to such modifications as the Secretary considers appropriate.

“SEC. 1602 COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

(“(a) Comprehensive Policy Required.— Not later than March 30, 2012 , the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a revised comprehensive policy for the Department of Defense sexual assault prevention and response program that— 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 ( Public Law 108–375 ; 10 U.S.C. 113 note) [now set out below]; incorporates into the sexual assault prevention and response program the new requirements identified by this title; and ensures that the policies and procedures of the military departments regarding sexual assault prevention and response are consistent with the revised comprehensive policy.

(“(b) Consideration of Task Force Findings, Recommendations, and Practices.— In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall take into account the findings and recommendations found in the report of the Defense Task Force on Sexual Assault in the Military Services issued in December 2009.

(“(c) Sexual Assault Prevention and Response Evaluation Plan.— The Secretary of Defense shall develop and implement an evaluation plan for assessing the effectiveness of the comprehensive policy prepared under subsection (a) in achieving its intended outcomes at the department and individual Armed Force levels. As a component of the evaluation plan, the Secretary of each military department shall assess the adequacy of measures undertaken at military installations and by units of the Armed Forces under the jurisdiction of the Secretary to ensure the safest and most secure living and working environments with regard to preventing sexual assault.

(“(d) Progress Report.— Not later than October 1, 2011 , the Secretary of Defense shall submit to the congressional defense committees a report— describing the process by which the comprehensive policy required by subsection (a) is being revised; describing the extent to which revisions of the comprehensive policy and the evaluation plan required by subsection (c) have already been implemented; and containing a determination by the Secretary regarding whether the Secretary will be able to comply with the revision deadline specified in subsection (a).

(“(e) Consistency of Terminology, Position Descriptions, Program Standards, and Organizational Structures.— The Secretary of Defense shall require the use of consistent terminology, position descriptions, minimum program standards, and organizational structures throughout the Armed Forces in implementing the sexual assault prevention and response program. The Secretary of Defense shall establish minimum standards for— the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis; consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note; 125 Stat. 1433 ), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and 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. In complying with this subsection, the Secretary of Defense shall take into account the responsibilities of the Secretary concerned and operational needs of the Armed Force involved.

“SEC. 1611 SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

(“(a) Appointment of Director.— There shall be a Director of the Sexual Assault Prevention and Response Office, who shall be appointed from among general or flag officers of the Armed Forces or employees of the Department of Defense in a comparable Senior Executive Service position. During the development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, the Director shall operate under the oversight of the Advisory Working Group of the Deputy Secretary of Defense.

(“(b) Duties of Director.— The Director of the Sexual Assault Prevention and Response Office shall— oversee implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program; serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program; provide oversight to ensure that the military departments comply with the sexual assault prevention and response program; collect and maintain data of the military departments on sexual assault in accordance with subsection (e); act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response; and oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources.

(“(c) Role of Inspectors General.— The Inspector General of the Department of Defense, the Inspector General of the Army, the Naval Inspector General, and the Inspector General of the Air Force shall treat the sexual assault prevention and response program as an item of special interest when conducting inspections of organizations and activities with responsibilities regarding the prevention and response to sexual assault. The Inspector General inspection teams shall include at least one member with expertise and knowledge of sexual assault prevention and response policies related to a specific Armed Force.

(“(d) Staff.— Not later than 18 months after the date of the enactment of this Act [ Jan. 7, 2011 ], an officer from each of the Armed Forces in the grade of O–4 or above shall be assigned to the Sexual Assault Prevention and Response Office for a minimum tour length of at least 18 months. Notwithstanding paragraph (1), of the four officers assigned to the Sexual Assault Prevention and Response Office under this subsection at any time, one officer shall be in the grade of O–6 or above.

(“(e) Data Collection and Maintenance Metrics.— In carrying out the requirements of subsection (b)(4), the Director of the Sexual Assault Prevention and Response Office shall develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response.

“SEC. 1612 OVERSIGHT AND EVALUATION STANDARDS.

(“(a) Issuance of Standards.— The Secretary of Defense shall issue standards to assess and evaluate the effectiveness of the sexual assault prevention and response program of each Armed Force in reducing the number of sexual assaults involving members of the Armed Forces and in improving the response of the department to reports of sexual assaults involving members of the Armed Forces, whether members of the Armed Forces are the victim, alleged assailant, or both.

(“(b) Sexual Assault Prevention Evaluation Plan.— The Secretary of Defense shall use the sexual assault prevention and response evaluation plan developed under section 1602(c) to ensure that the Armed Forces implement and comply with assessment and evaluation standards issued under subsection (a).

“SEC. 1613 REPORT AND PLAN FOR COMPLETION OF ACQUISITION OF CENTRALIZED DEPARTMENT OF DEFENSE SEXUAL ASSAULT DATABASE.

(“(a) Report and Plan Required.— Not later than April 1, 2011 , the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report— 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 ( Public Law 110–417 ; 122 Stat. 4470 ; 10 U.S.C. 113 note) [now set out below]; containing a revised implementation plan under subsection (c) of such section for completing implementation of the database; and indicating the date by which the database will be operational.

(“(b) Content of Implementation Plan.— The plan referred to in subsection (a)(2) shall address acquisition best practices associated with successfully acquiring and deploying information technology systems related to the centralized sexual assault database, such as economically justifying the proposed system solution and effectively developing and managing requirements.

“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.

“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) Availability of Victim Advocate Services.— A member of the Armed Forces or a dependent, as described in paragraph (2), who is the victim of a sexual assault is entitled to assistance provided by a qualified Sexual Assault Victim Advocate. The assistance described in paragraph (1) is available to a dependent of a member of the Armed Forces who is the victim of a sexual assault and who resides on or in the vicinity of a military installation. The Secretary concerned shall define the term “vicinity” for purposes of this paragraph.

(“(b) Notice of Availability of Assistance; Opt Out.— The member or dependent shall be informed of the availability of assistance under subsection (a) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator. The victim shall also be informed that the services of a Sexual Assault Response Coordinator and Sexual Assault Victim Advocate are optional and that these services may be declined, in whole or in part, at any time.

(“(c) Nature of Reporting Immaterial.— In the case of a member of the Armed Forces, Victim Advocate services are available regardless of whether the member elects unrestricted or restricted (confidential) reporting of the sexual assault.

“SEC. 1631 ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES AND IMPROVEMENT TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.

(“(a) Annual Reports on Sexual Assaults.— Not later than March 1, 2012 , and each March 1 thereafter through March 1, 2026 , the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps.

(“(b) Contents.— The report of a Secretary of a military department for an Armed Force under subsection (a) shall contain the following: 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. 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). 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 section 815 of title 10 , United States Code (article 15 of the Uniform Code of Military Justice), and administrative separations. 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. 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. A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 1561 note), including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment. The number of applications submitted under section 673 of title 10 , United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the Armed Forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied. An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to prevalence of incidents, prosecution of incidents, and avoidance of incidents. An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report. An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults. An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the Armed Force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the Armed Forces, including the numbers of reports identifying offenses that were disposed of by each of the following: Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted. Acquittal of all charges at court-martial. Non-judicial punishment under section 815 of title 10 , United States Code (article 15 of the Uniform Code of Military Justice). Administrative action, including by each type of administrative action imposed. Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred. Information on each claim of retaliation in connection with a report of sexual assault in the Armed Force made by or against a member of such Armed Force as follows: A narrative description of each complaint. The nature of such complaint, including whether the complainant claims professional or social retaliation. The gender of the complainant. The gender of the individual claimed to have committed the retaliation. The nature of the relationship between the complainant and the individual claimed to have committed the retaliation. The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation. The official or office that received the complaint. The organization that investigated or is investigating the complaint. The current status of the investigation. If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant. If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). Information and data collected through formal and informal reports of sexual harassment involving members of the Armed Forces during the year covered by the report, as follows: The number of substantiated and unsubstantiated reports. A synopsis of each substantiated report. The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— conviction and sentence by court-martial; imposition of non-judicial punishment under section 815 of title 10 , United States Code (article 15 of the Uniform Code of Military Justice); or administrative separation or other type of administrative action imposed. Information and data collected during the year covered by the report on each reported incident involving the nonconsensual distribution by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), of a private sexual image of another person, including the following: The number of substantiated and unsubstantiated reports. A synopsis of each substantiated report. The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— conviction and sentence by court-martial; imposition of non-judicial punishment under section 815 of title 10 , United States Code (article 15 of the Uniform Code of Military Justice); or administrative separation or other type of administrative action imposed.

(“(c) Consistent Definition of Substantiated.— Not later than December 31, 2011 , the Secretary of Defense shall establish a consistent definition of ‘substantiated’ for purposes of paragraphs (1), (2), (3), and (5) of subsection (b) and provide synopses for those cases for the preparation of reports under this section.

(“(d) Submission to Congress.— Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and House of Representatives and the Committees on Veterans’ Affairs of the Senate and the House of Representatives, together with— the results of assessments conducted under the evaluation plan required by section 1602(c); an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and such other assessments on the reports as the Secretary of Defense considers appropriate.

(“(e) Repeal of Superseded Reporting Requirement.— The reports required by subsection (f) of section 577 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. 113 note) [now set out below] covering calendar year 2010 are still required to be submitted to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives pursuant to the terms of such subsection, as in effect before the date of the enactment of this Act [ Jan. 7, 2011 ].

(“(f) Additional Details for Case Synopses Portion of Report.— The Secretary of each military department shall include in the case synopses portion of each report described in subsection (b)(3) the following additional information: If charges are dismissed following an investigation conducted under section 832 of title 10 , United States Code (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges. If the case synopsis states that a member of the Armed Forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation. The case synopsis shall indicate whether a member of the Armed Forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the Armed Forces under a moral waiver granted with respect to prior sexual misconduct. The case synopsis shall indicate the branch of the Armed Forces of each member accused of committing a sexual assault and the branch of the Armed Forces of each member who is a victim of a sexual assault. If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment. The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.

(“(g) Coordination of Release Date Between Annual Reports Regarding Sexual Assaults and Family Advocacy Report.— The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 [ Pub. L. 114–328 , 130 Stat. 2141 ].

“SEC. 1632 ADDITIONAL REPORTS.

(“(a) Extension of Sexual Assault Prevention and Response Services to Additional Persons.— The Secretary of Defense shall evaluate the feasibility of extending department sexual assault prevention and response services to Department of Defense civilian employees and employees of defense contractors who— are victims of a sexual assault; and work on or in the vicinity of a military installation or with members of the Armed Forces.

(“(b) Extension of Sexual Assault Prevention and Response Program to Reserve Components.— The Secretary of Defense shall evaluate the application of the sexual assault prevention and response program to members of the reserve components, including, at a minimum, the following: 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. The quality of training provided to Sexual Assault Response Coordinators and Sexual Assault Victim Advocates in the reserve components. The degree to which the services available for regular and reserve members under the sexual assault prevention and response program are integrated. 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) Copy of Record of Court-martial to Victim of Sexual Assault.— The Secretary of Defense shall evaluate the feasibility of requiring that a copy of the prepared record of the proceedings of a general or special court-martial involving a sexual assault be given to the victim in cases in which the victim testified during the proceedings.

(“(d) Access to Legal Assistance.— The Secretary of Defense shall evaluate the feasibility of authorizing members of the Armed Forces who are victims of a sexual assault and dependents of members who are victims of a sexual assault to receive legal assistance provided by a military legal assistance counsel certified as competent to provide legal assistance related to responding to sexual assault.

(“(e) Use of Forensic Medical Examiners.— The Secretary of Defense shall evaluate the feasibility of utilizing, when sexual assaults involving members of the Armed Forces occur in a military environment where civilian resources are limited or unavailable, forensic medical examiners who are specially trained regarding the collection and preservation of evidence in cases involving sexual assault.

(“(f) Submission of Results.— The Secretary of Defense shall submit the results of the evaluations required by this section to the Committees on Armed Services of the Senate and House of Representatives.”

§ 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 protection” has the meaning given the term “protection order” in section 2266(5) of title 18 .

(c) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall be designed to further good order and discipline by members of the armed forces and civilians present on military installations.

§ 1561b Confidential reporting of sexual harassment

(a) Reporting Process.— Notwithstanding section 1561 of this title , the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall prescribe in regulations a process by which a member of an armed force under the jurisdiction of the Secretary of a military department or the Commandant may confidentially allege a complaint of sexual harassment to an individual outside the immediate 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— maintain the confidentiality of the member alleging the complaint; explain to the member alleging the complaint the different avenues of redress available 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: The manner in which to file a complaint concerning alleged sexual harassment with the official or office designated for receipt of such complaint through such avenue of redress. That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety. If the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact— the manner in which to file a confidential report with a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate; and options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program. The services and assistance available to the member in connection with the complaint and the alleged sexual harassment.

(c) Education and Tracking.— The Secretary of Defense or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall— educate members under the jurisdiction of the Secretaries of the military departments or the Commandant departments regarding the process established under this section; and track complaints alleged pursuant to the process.

(d) Reports.— Not later than April 30, 2023 , and April 30 every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing data on the complaints of sexual harassment alleged 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.

(e) Reports for the Coast Guard.— Not later than April 30, 2026 , and April 30 every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous 2 calendar years. Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.

§ 1562 Database on domestic violence incidents

(a) Database on Domestic Violence Incident.— The Secretary of Defense shall establish a central database of information on the incidents of domestic violence involving members of the armed forces.

(b) Reporting of Information for the Database.— The Secretary shall require that the Secretaries 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: 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. 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. The number of those incidents that involve evidence determined insufficient for supporting disciplinary action and for each such case, a description of the allegation.

§ 1562a Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense

(a) Designation of Responsible Component.— The Secretary of Defense shall designate a component 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 required to be documented and tracked as described in subsection (b). The Secretary of the department in which the Coast Guard is operating shall designate the Commandant of the Coast Guard to be responsible for carrying out the requirements of this section with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(b) Tracking of Allegations.— The head of the component designated by the Secretary and the Commandant of the Coast Guard under subsection (a) shall document and track each covered allegation of retaliation, including— that such an allegation has been reported and by whom; the date of the report; the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; the component or other entity responsible for the investigation of or inquiry into the allegation; the entry of findings; referral of such findings to a decisionmaker for review and action, as appropriate; the outcome of final action; and any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard.

(c) Covered Allegation of Retaliation Defined.— In this section, the term “covered allegation of retaliation” means an allegation of retaliation— made by— an alleged victim of sexual assault or sexual harassment; an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; a witness or bystander to an alleged sexual assault or sexual harassment; or any other person associated with an alleged victim of a sexual assault or sexual harassment; and without regard to whether the allegation is reported to or investigated or inquired into by— the Department of Defense Inspector General, the Inspector General of the Department of Homeland Security, or any other inspector general; a military criminal investigative organization; a commander or other person at the direction of the commander; another armed force or civilian law enforcement organization; or any other organization, officer, or employee of the Department of Defense or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard.

§ 1563 Consideration of proposals from Members of Congress for honorary promotions: procedures 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 honorary 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 approving the promotion.

(b) Notice of Results of Review.— Upon making a determination under subsection (a) as to the merits of approving the honorary promotion, 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.— Under regulations 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) following the submittal of the determination of the Secretary concerned under subsection (b) in connection with the proposal for the promotion if the determination is to approve the making of the promotion. 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 connection with the proposal for the promotion under subsection (b), and the detailed rationale supporting the determination as described in that subsection, to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection. The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law. 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 member 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— a Senator; or a Representative in, or a Delegate or Resident Commissioner to, Congress.

§ 1563a Honorary promotions on the initiative of the Department of Defense

(a) In General.— Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may make an honorary promotion, including a posthumous honorary promotion, 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). The honorary grade to which a member described in paragraph (1) is promoted shall be commensurate with such member’s contributions to the armed forces or the national defense. The Secretary of a military department is not authorized to make an honorary promotion under paragraph (1) solely on the basis that a member described in paragraph (1) was recommended for such promotion prior to separating from the armed forces. The Secretary of a military department is only authorized to make an honorary promotion under paragraph (1) upon receipt of a favorable recommendation by a board of at least three independent officers convened specifically for the purpose of reviewing the proposed honorary promotion. For purposes of this paragraph, an officer is an independent officer if— the officer has no relationship with the former member or retired member of the armed forces whose proposed honorary promotion is the subject of review by the board on which such officer will serve under this paragraph; and the officer has no personal interest in the proposed honorary promotion.

(b) Notice to Congress.— The Secretary of a military department may not make an honorary promotion pursuant to subsection (a) until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination.

(c) Notice of Promotion.— Upon making an honorary promotion pursuant to subsection (a), the Secretary of the military department concerned shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion.

(d) Nature of Promotion.— Any promotion pursuant to this section 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 entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member.

§ 1564 Security clearance investigations

(a) Expedited Process.— The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for— Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and any individual who— submits an application for a position as an employee of the Department of Defense for which— the individual is qualified; and a security clearance is required; and is— a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title; the spouse of a member of the armed forces who retires or is separated, after January 7, 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 the spouse of a member of the armed forces who dies, after January 7, 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) Required Features.— The process developed under subsection (a) shall provide for the following: Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel. 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. Prioritization of the processing of background investigations on the basis of the categories of personnel determined under paragraph (2).

(c) Reinvestigation or Readjudication of Certain Individuals.— The Secretary of Defense shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (2), and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3), upon— conviction of that individual by a court of competent jurisdiction for— sexual assault; sexual harassment; fraud against the United States; or any other violation that the Secretary of Defense or the Secretary of Homeland Security, as the case may be, determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or determination by a commanding officer that that individual has committed an offense described in subparagraph (A). An individual described in this paragraph is an individual (other than an individual described in paragraph (3)) who has a security clearance and is— a flag officer; a general officer; or an employee of the Department of Defense in the Senior Executive Service. An individual described in this paragraph is an individual who has a security clearance and is— a flag officer of the Coast Guard; or an employee of the Coast Guard in the Senior Executive Service (career reserved). The Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies. In this subsection: The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice). The term “sexual harassment” has the meaning given that term in section 1561 of this title . The term “fraud against the United States” means a violation of section 932 of this title (article 132 of the Uniform Code of Military Justice).

(d) Annual Review.— The Secretary shall conduct an annual review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions.

(e) Consultation Requirement.— The Secretary shall consult with the Secretaries of the military departments and the heads of Defense Agencies in carrying out this section.

(f) Sensitive Duties.— For the purposes of this section, it is not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered sensitive and critical to the national security.

(g) Use of Appropriated Funds.— The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).

§ 1564a Counterintelligence polygraph program

(a) Authority for Program.— The Secretary of Defense may carry out a program for the administration of counterintelligence polygraph examinations to persons described in subsection (b). The program shall be conducted in accordance with the standards specified in subsection (e).

(b) Persons Covered.— Except as provided in subsection (d), the following persons are subject to this section: With respect to persons whose duties are described in subsection (c)— military and civilian personnel of the Department of Defense; personnel of defense contractors; persons assigned or detailed to the Department of Defense; and applicants for a position in the Department of Defense. A person who is— a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) and also a national of a foreign state; and either— a civilian employee or contractor who requires access to classified information; or a member of the armed forces who requires access to classified information.

(c) Covered Types of Duties.— The Secretary of Defense may provide, under standards established by the Secretary, that a person described in subsection (b)(1) is subject to this section if that person’s duties involve— access to information that— has been classified at the level of top secret; or 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 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— jeopardize human life or safety; result in the loss of unique or uniquely productive intelligence sources or methods vital to United States security; or compromise technologies, operational plans, or security procedures vital to the strategic advantage of the United States and its allies.

(d) Exceptions From Coverage for Certain Intelligence Agencies and Functions.— This section does not apply to the following persons: A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract with the Central Intelligence Agency. A person who is— employed by or assigned or detailed to the National Security Agency; an expert or consultant under contract to the National Security Agency; an employee of a contractor of the National Security Agency; or a person applying for a position in the National Security Agency. A person assigned to a space where sensitive cryptographic information is produced, processed, or stored. 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) Standards.— Polygraph examinations conducted under this section shall comply with all applicable laws and regulations. Such examinations may be authorized for any of the following purposes: 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)(1) and (c). With the consent of, or upon the request of, the examinee, to— resolve serious credible derogatory information developed in connection with a personnel security investigation; or exculpate him- or herself of allegations or evidence arising in the course of a counterintelligence or personnel security investigation. 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. With respect to persons described in subsection (b)(2), to assist in assessing any counterintelligence threats identified in an authorized investigation of foreign preference or foreign influence risks, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations. 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: 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. The examinee shall be advised of the examinee’s right to consult with legal counsel. 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) Oversight.— The Secretary shall establish a process to monitor responsible and effective application of polygraph examinations within the Department of Defense. The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees.

(g) Polygraph Research Program.— The Secretary shall carry out a continuing research program to support the polygraph examination activities of the Department of Defense. The program shall include the following: An on-going evaluation of the validity of polygraph techniques used by the Department. Research on polygraph countermeasures and anti-countermeasures. Developmental research on polygraph techniques, instrumentation, and analytic methods.

§ 1564b Security vetting for foreign nationals

(a) Standards and Process.— The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information. The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent. The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process.

(b) Other Uses.— In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation.

(c) Covered Foreign Individual Defined.— In this section, the term “covered foreign individual” means an individual who meets the following criteria: The individual is— a national of a foreign state; a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) and also a national of a foreign state; or an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). The individual is either— a civilian employee of the Department of Defense or a contractor of the Department; or a member of the armed forces.

§ 1565 DNA identification information: collection from certain offenders; use

(a) Collection of DNA Samples.— The Secretary concerned shall collect a DNA sample from each member of the armed forces under the Secretary’s jurisdiction who is, or has been, convicted of a qualifying military offense (as determined under subsection (d)). 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. 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) Analysis and Use of Samples.— The Secretary concerned shall furnish each DNA sample collected under subsection (a) to the Secretary of Defense. The Secretary of Defense shall— 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 furnish the results of each such analysis to the Director of the Federal Bureau of Investigation for inclusion in CODIS.

(c) Definitions.— In this section: The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.

(d) Qualifying Military Offenses.— The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. 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 ( 42 U.S.C. 14135a(d) )). 1

(e) Expungement.— The Secretary of Defense shall promptly expunge, from the index described in subsection (a) of section 210304 of the Violent Crime Control and Law Enforcement Act of 1994, the DNA analysis of a person included in the index on the basis of a qualifying military offense if the Secretary receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned. For purposes of paragraph (1), the term “qualifying offense” means any of the following offenses: A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000. A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. A qualifying military offense. 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) Regulations.— This section shall be carried out under regulations prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security and the Attorney General. Those regulations shall apply, to the extent practicable, uniformly throughout the armed forces.

§ 1565a DNA samples maintained for identification of human remains: use for law enforcement purposes

(a) Compliance with Court Order.— Subject to paragraph (2), if a valid order of a Federal court (or military judge) so requires, an element of the Department of Defense that maintains a repository of DNA samples for the purpose of identification of human remains shall make available, for the purpose specified in subsection (b), such DNA samples on such terms and conditions as such court (or military judge) directs. 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) Covered Purpose.— The purpose referred to in subsection (a) is the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA information 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 .

§ 1565b Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates

(a) Availability of Legal Assistance and Victim Advocate Services.— 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: Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title. Assistance provided by a Sexual Assault Response Coordinator. Assistance provided by a Sexual Assault Victim Advocate. A member of the armed forces or dependent who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response 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 Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time. Subject to such exceptions for exigent circumstances 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 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 interviews, or requests any statement from, the member or dependent regarding the alleged sexual assault. Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault.

(b) Restricted Reporting.— Under regulations prescribed by the Secretary of Defense, a member of the armed forces, or an adult dependent 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 investigation of the allegations. The individuals specified in this paragraph are the following: A Sexual Assault Response Coordinator. A Sexual Assault Victim Advocate. Healthcare personnel specifically identified in the regulations required by paragraph (1). In the case of information disclosed pursuant to paragraph (1), any State law or regulation that would require an individual specified in paragraph (2) to disclose the personally identifiable 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: The term “sexual assault” includes the offenses of rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as punishable under applicable Federal or State law. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

§ 1566 Voting assistance: compliance assessments; 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 directives issued by the Secretary of Defense in implementing any voting assistance program.

(b) Voting Assistance Programs Defined.— In this section, the term “voting assistance programs” means— 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 any similar program.

(c) Annual Effectiveness and Compliance Reviews.— The Inspector General of each of the Army, Navy, Air Force, Marine Corps, and Space Force shall conduct— an annual review of the effectiveness of voting assistance programs; and an annual review of the compliance with voting assistance programs of that armed force. 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). Not later than March 31 each year, the Inspector General of the Department of Defense shall submit to Congress a report on— the effectiveness during the preceding calendar year of voting assistance programs; and the level of compliance during the preceding 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 Assessments.— The Secretary of each military department shall include in the set of issues and programs to be reviewed during any management effectiveness review or inspection at the installation 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.— Voting assistance officers shall be appointed or assigned under Department of Defense regulations. Commanders at all levels are responsible for ensuring that unit voting officers are trained and equipped to provide information and assistance to members of the armed forces on voting matters. 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 assistance officer. 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) Delivery of Mail From Overseas Preceding Federal Elections.— During the four months preceding a general Federal election month, the Secretary of Defense shall periodically conduct surveys of all overseas locations and vessels at sea with military units responsible for collecting mail for return shipment to the United States and all port facilities in the United States and overseas where military-related mail is collected for shipment to overseas locations or to the United States. The purpose of each survey shall be to determine if voting materials are awaiting shipment at any such location and, if so, the length of time that such materials have been held at that location. During the fourth and third months before a general Federal election month, such surveys shall be conducted biweekly. During the second and first months before a general Federal election month, such surveys shall be conducted weekly. 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. In this section, the term “general Federal election month” means November in an even-numbered year.

(h) Notice of Deadlines and Requirements.— The Secretary of each military department, utilizing the voting assistance officer network established for each military installation, shall, to the maximum extent practicable, provide notice to members of the armed forces stationed at that installation of the last date before a general Federal election for which absentee ballots mailed from a postal facility located at that installation can reasonably be expected to be timely delivered to the appropriate State and local election officials.

(i) Registration and Voting Information for Members and Dependents.— The Secretary of each military department, using a variety of means including both print and electronic media, shall, to the maximum extent practicable, ensure that members of the armed forces and their dependents who are qualified to vote have ready access to information regarding voter registration requirements and deadlines (including voter registration), absentee ballot application requirements and deadlines, and the availability of voting assistance officers to assist members and dependents to understand and comply with these requirements. 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. 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.

§ 1566a Voting assistance: voter assistance offices

(a) Designation of Offices on Military Installations as Voter Assistance Offices.— Under regulations prescribed by the Secretary of Defense under subsection (f), the Secretaries of the military departments shall designate offices on installations under their jurisdiction, or at such installations as the Secretary of the military department concerned shall determine are best located to provide access to voter assistance services for all covered individuals in a particular location, to provide absent uniformed services voters, particularly those individuals described in subsection (b), and their family members with the following: 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 ( 42 U.S.C. 1973ff )). 1 Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an election for Federal office. 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. Information and assistance, if requested, to request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq.). 1

(b) Covered Individuals.— The individuals described in this subsection are absent uniformed services voters who— are undergoing a permanent change of duty station; are deploying overseas for at least six months; are returning from an overseas deployment of at least six months; or otherwise request assistance related to voter registration.

(c) Timing of Provision of Assistance.— The regulations prescribed by the Secretary of Defense under subsection (f) shall ensure, to the maximum extent practicable and consistent with military necessity, that the assistance provided under subsection (a) is provided to a covered individual described in subsection (b)— 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; 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; 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 if described in subsection (b)(4), at the time the covered individual requests such assistance.

(d) Outreach.— The Secretary of each military department, or the Presidential designee, shall take appropriate actions to inform absent uniformed services voters of the assistance available under subsection (a), including— the availability of information and voter registration assistance at offices designated under subsection (a); and the time, location, and manner in which an absent uniformed services voter may utilize such assistance.

(e) Authority To Designate Voting Assistance Offices as Voter Registration Agency on Military Installations.— The Secretary of Defense may authorize the Secretaries of the military departments to designate offices on military installations as voter registration agencies under section 7(a)(2) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5(a)(2) ) 1 for all purposes of such Act. Any office so designated shall discharge the requirements of this section, under the regulations prescribed by the Secretary of Defense under subsection (f).

(f) Regulations.— The Secretary of Defense shall prescribe regulations relating to the administration of the requirements of this section. The regulations shall be prescribed before the regularly scheduled general election for Federal office held in November 2010, and shall be implemented for such general election for Federal office and for each succeeding election for Federal office. The Secretary of a military department shall provide the Committees on Armed Services of the Senate and the House of Representatives with notice of any decision by the Secretary to close a voter assistance office that was designated on an installation before the date of the enactment of this paragraph. The notice shall include the rational for the closure, the timing of the closure, the number of covered individuals supported by the office, and the plan for providing the assistance available under subsection (a) to covered individuals after the closure of the office.

(g) Definitions.— In this section: 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 ( 42 U.S.C. 1973ff–6(1) ). 1 The term “Federal office” has the meaning given that term in section 107(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6(3) ). 1 The term “Presidential designee” means the official designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(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 .)

§ 1567a Mandatory notification of issuance of military protective order to civilian law enforcement

(a) Initial Notification.— In the event a military protective order is issued against a member of the armed forces, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify the appropriate civilian authorities of— the issuance of the protective order; and the individuals involved in the order.

(b) Notification in Event of Transfer.— In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit— not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of— the issuance of the protective order; and the individuals involved in the order; and not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with subsection (a).

(c) Notification of Changes or Termination.— The commander of the unit to which the member is assigned also shall notify the appropriate civilian authorities of— any change made in a protective order covered by subsection (a); and the termination of the protective order.