
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 575]
[CITE: 10USC1562]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
  CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
 
Sec. 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:
        (1) 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.
        (2) 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.
        (3) The number of those incidents that involve evidence 
    determined insufficient for supporting disciplinary action and for 
    each such case, a description of the allegation.

(Added Pub. L. 106-65, div. A, title V, Sec. 594(a), Oct. 5, 1999, 113 
Stat. 643.)


                 Defense Task Force on Domestic Violence

    Pub. L. 106-65, div. A, title V, Sec. 591, Oct. 5, 1999, 113 Stat. 
639, provided that:
    ``(a) Establishment.--The Secretary of Defense shall establish a 
Department of Defense task force to be known as the Defense Task Force 
on Domestic Violence.
    ``(b) Strategic Plan.--Not later than 12 months after the date on 
which all members of the task force have been appointed, the task force 
shall submit to the Secretary of Defense a long-term plan (referred to 
as a `strategic plan') for means by which the Department of Defense may 
address matters relating to domestic violence within the military more 
effectively. The plan shall include an assessment of, and 
recommendations for measures to improve, the following:
        ``(1) Ongoing victims' safety programs.
        ``(2) Offender accountability.
        ``(3) The climate for effective prevention of domestic violence.
        ``(4) Coordination and collaboration among all military 
    organizations with responsibility or jurisdiction with respect to 
    domestic violence.
        ``(5) Coordination between military and civilian communities 
    with respect to domestic violence.
        ``(6) Research priorities.
        ``(7) Data collection and case management and tracking.
        ``(8) Curricula and training for military commanders.
        ``(9) Prevention and responses to domestic violence at overseas 
    military installations.
        ``(10) Other issues identified by the task force relating to 
    domestic violence within the military.
    ``(c) Review of Victims' Safety Program.--The task force shall 
review the efforts of the Secretary of Defense to establish a program 
for improving responses to domestic violence under section 592 [set out 
as a note below] and shall include in its report under subsection (e) a 
description of that program, including best practices identified on 
installations, lessons learned, and resulting policy recommendations.
    ``(d) Other Task Force Reviews.--The task force shall review and 
make recommendations regarding the following:
        ``(1) Standard guidelines to be used by the Secretaries of the 
    military departments in negotiating agreements with civilian law 
    enforcement authorities relating to acts of domestic violence 
    involving members of the Armed Forces.
        ``(2) A requirement (A) that when a commanding officer 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 orders.
        ``(3) Standard guidelines on the factors for commanders to 
    consider when seeking to substantiate allegations of domestic 
    violence by a person subject to the Uniform Code of Military Justice 
    and when determining appropriate action for such allegations that 
    are so substantiated.
        ``(4) A standard training program for all commanding officers in 
    the Armed Forces, including a standard curriculum, on the handling 
    of domestic violence cases.
    ``(e) Annual Report.--(1) The task force shall submit to the 
Secretary an annual report on its activities and on the activities of 
the military departments to respond to domestic violence in the 
military.
    ``(2) The first such report shall be submitted not later than the 
date specified in subsection (b) and shall be submitted with the 
strategic plan submitted under that subsection. The task force shall 
include in that report the following:
        ``(A) Analysis and oversight of the efforts of the military 
    departments to respond to domestic violence in the military and a 
    description of barriers to implementation of improvements in those 
    efforts.
        ``(B) A description of the activities and achievements of the 
    task force.
        ``(C) A description of successful and unsuccessful programs.
        ``(D) A description of pending, completed, and recommended 
    Department of Defense research relating to domestic violence.
        ``(E) Such recommendations for policy and statutory changes as 
    the task force considers appropriate.
    ``(3) Each subsequent annual report shall include the following:
        ``(A) A detailed discussion of the achievements in responses to 
    domestic violence in the Armed Forces.
        ``(B) Pending research on domestic violence.
        ``(C) Any recommendations for actions to improve the responses 
    of the Armed Forces to domestic violence in the Armed Forces that 
    the task force considers appropriate.
    ``(4) Within 90 days of receipt of a report under paragraph (2) or 
(3), the Secretary shall submit the report and the Secretary's 
evaluation of the report to the Committees on Armed Services of the 
Senate and House of Representatives. The Secretary shall include with 
the report the information collected pursuant to section 1562(b) of 
title 10, United States Code, as added by section 594.
    ``(f) Membership.--(1) The task force shall consist of not more than 
24 members, to be appointed by the Secretary of Defense. Members shall 
be appointed from each of the Army, Navy, Air Force, and Marine Corps 
and shall include an equal number of Department of Defense personnel 
(military or civilian) and persons from outside the Department of 
Defense. Members appointed from outside the Department of Defense may be 
appointed from other Federal departments and agencies, from State and 
local agencies, or from the private sector.
    ``(2) The Secretary shall ensure that the membership of the task 
force includes a judge advocate representative from each of the Army, 
Navy, Air Force, and Marine Corps.
    ``(3)(A) In consultation with the Attorney General, the Secretary 
shall appoint to the task force a representative or representatives from 
the Office of Justice Programs of the Department of Justice.
    ``(B) In consultation with the Secretary of Health and Human 
Services, the Secretary shall appoint to the task force a representative 
from the Family Violence Prevention and Services office of the 
Department of Health and Human Services.
    ``(4) Each member of the task force appointed from outside the 
Department of Defense shall be an individual who has demonstrated 
expertise in the area of domestic violence or shall be appointed from 
one of the following:
        ``(A) A national domestic violence resource center established 
    under section 308 of the Family Violence Prevention and Services Act 
    (42 U.S.C. 10407).
        ``(B) A national sexual assault and domestic violence policy and 
    advocacy organization.
        ``(C) A State domestic violence and sexual assault coalition.
        ``(D) A civilian law enforcement agency.
        ``(E) A national judicial policy organization.
        ``(F) A State judicial authority.
        ``(G) A national crime victim policy organization.
    ``(5) The members of the task force shall be appointed not later 
than 90 days after the date of the enactment of this Act [Oct. 5, 1999].
    ``(g) Co-Chairs of the Task Force.--There shall be two co-chairs of 
the task force. One of the co-chairs shall be designated by the 
Secretary of Defense at the time of appointment from among the 
Department of Defense personnel on the task force. The other co-chair 
shall be selected from among the members appointed from outside the 
Department of Defense by those members.
    ``(h) Administrative Support.--(1) Each member of the task force 
shall serve without compensation (other than the compensation to which 
entitled as a member of the Armed Forces or an officer or employee of 
the United States, as the case may be), but shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member's home or regular places 
of business in the performance of services for the task force.
    ``(2) The Assistant Secretary of Defense for Force Management 
Policy, under the direction of the Under Secretary of Defense for 
Personnel and Readiness, shall provide oversight of the task force. The 
Washington Headquarters Service shall provide the task force with the 
personnel, facilities, and other administrative support that is 
necessary for the performance of the task force's duties.
    ``(3) The Assistant Secretary shall coordinate with the Secretaries 
of the military departments to provide visits of the task force to 
military installations.
    ``(i) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App) shall not apply to the task force.
    ``(j) Termination.--The task force shall terminate three years after 
the date of the enactment of this Act [Oct. 5, 1999].''


Incentive Program for Improving Responses to Domestic Violence Involving 
         Members of the Armed Forces and Military Family Members

    Pub. L. 106-65, div. A, title V, Sec. 592, Oct. 5, 1999, 113 Stat. 
642, provided that:
    ``(a) Purpose.--The purpose of this section is to provide a program 
for the establishment on military installations of collaborative 
projects involving appropriate elements of the Armed Forces and the 
civilian community to improve, strengthen, or coordinate prevention and 
response efforts to domestic violence involving members of the Armed 
Forces, military family members, and others.
    ``(b) Program.--The Secretary of Defense shall establish 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 involving 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 members of the Armed Forces by civilian 
    courts, and (B) for orders issued by military commanders to members 
    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 victims of military domestic 
    violence.
        ``(4) To assist in educating judges, prosecutors, and legal 
    offices in improved handling of military domestic violence cases.
        ``(5) To develop and implement more effective policies, 
    protocols, orders, and services specifically devoted to preventing, 
    identifying, and responding to domestic violence.
        ``(6) To develop, enlarge, or strengthen victims' services 
    programs, including sexual assault and domestic violence programs, 
    developing or improving delivery of victims' services, and providing 
    confidential access to specialized victims' advocates.
        ``(7) To develop and implement primary prevention programs.
        ``(8) To improve the response of health care providers 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 emphasize building or strengthening partnerships 
and collaboration among military organizations such as family advocacy 
program, military police or provost marshal organizations, judge 
advocate organizations, legal offices, health affairs offices, and other 
installation-level military commands between those organizations and 
appropriate civilian organizations, including civilian law enforcement, 
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 installation.
    ``(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 review 
committee consisting of representatives from the Armed Forces, the 
Department of Justice, the Department 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, Sec. 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 Secretaries of the 
    military departments for negotiating agreements with civilian law 
    enforcement authorities relating to acts of domestic violence 
    involving members of the Armed Forces.
        ``(2) A requirement (A) that when a commanding officer 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 orders.
        ``(3) Standard guidelines on the factors for commanders to 
    consider when seeking to substantiate allegations of domestic 
    violence by a person subject to the Uniform Code of Military Justice 
    and when determining appropriate action for such allegations that 
    are so substantiated.
        ``(4) A standard training program for all commanding officers in 
    the Armed Forces, including a standard curriculum, on the handling 
    of domestic violence 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].''
