Sec. 538. Military-civilian task force on domestic violence and related information collection activities
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The Secretary of Defense shall establish a military-civilian task force on domestic violence (in this section, referred to as the Task Force ). The duties of the Task Force shall be to analyze and develop recommendations, for implementation by the Secretary, with respect to each of the following: The risk of domestic violence at various stages of military service, including identification of— stages at which there is a higher than average risk of domestic violence; and stages at which the implementation of domestic violence prevention strategies may have the greatest preventive effect.
The use and dissemination of domestic violence prevention resources throughout the stages of military service including providing new service members with training in domestic violence prevention. How to best target prevention resources to address those with a higher risk of domestic violence. The implementation of strategies to prevent domestic violence by training, educating, and assigning prevention-related responsibilities to— commanders; medical, behavioral, and mental health service providers; family advocacy representatives;
Military Family Life Consultants; and other individuals and entities with responsibilities that may be relevant to addressing domestic violence. The efficacy of providing survivors of domestic violence with the option to request expedited transfers, and the effects of such transfers. Improvements to procedures for reporting appropriate legal actions to the National Crime Information Center and the efficacy of such procedures. The effects of domestic violence on— housing for military families; the education of military dependent children; servicemember work assignments and careers; and the health of servicemembers and their families, including short-term and long-term health effects and effects on mental health.
Age-appropriate training and education programs for students attending schools operated by the Department of Defense Education Activity that are designed to assist such students in learning positive relationship behaviors in families and with intimate partners. The potential effects of requiring military protective orders to be issued by a military judge and whether such a requirement would increase the enforcement of military protective orders by civilian law enforcement agencies outside the boundaries of military installations.
Whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is— in the grade of 0–6 or above; in the chain of command of the accused; and authorized by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to convene special courts martial. How to improve access to resources for survivors of domestic violence throughout the stages of military service. Consideration of any other matters that the Task Force determines to be relevant to— decreasing the frequency of domestic violence committed by or upon members of the covered Armed Forces and their dependents; and reducing the severity of such violence.
The Task Force shall be composed of the following members: One or more representatives of family advocacy programs of the Department of Defense. One or more representatives of the Defense Advisory Committee on Women in the Services. One or more medical personnel of the Department of Defense. One or more Judge Advocates General. One or more military police or other law enforcement personnel of the covered Armed Forces. One or more military commanders. One or more individuals whose duties include planning, executing, and evaluating training of the covered Armed Forces.
Civilians who are experts on domestic violence or who provide services relating to domestic violence, including— not fewer than two representatives from the national domestic violence resource center and the special issue resource centers referred to in section 310 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10410 ); not fewer than two representatives from national domestic violence organizations; not fewer than two representatives from State domestic violence and sexual assault coalitions; and not fewer than two domestic violence service providers who provide services in communities located near military installations.
One or more representatives who are subject matter experts on— scientific and other research relating to domestic violence; and science-based strategies for the prevention, intervention, and response to domestic violence. Civilian law enforcement personnel. One or more representatives from the Office on Violence Against Women of the Department of Justice. One or more representatives of the Family Violence Prevention and Services Program of the Department of Health and Human Services.
One or more representatives from the Centers for Disease Control and Prevention. The Secretary of Defense shall appoint the members of the Task Force specified in subparagraphs
(A)through
(M)of paragraph (3). In appointing members under subparagraph
(K)of paragraph 3, the Secretary of Defense shall consult with the Attorney General. In appointing members under subparagraphs
(L)and
(M)of such paragraph, the Secretary shall consult with the Secretary of Health and Human Services. The Secretary shall ensure that the members appointed by the Secretary under this subparagraph include— representatives of the Office of the Secretary of Defense; general and flag officers; noncommissioned officers; and other enlisted personnel of the covered Armed Forces. The total number of members appointed to the Task Force shall be not more than 25. On an annual basis, the Task Force shall submit to the Secretary a list of members of the Task Force who may be considered for the position of chairperson of the Task Force. From the list submitted to the Secretary under subparagraph
(A)for each year, the Secretary of Defense shall designate one member of the Task Force to serve as the chairperson of the Task Force. The chairperson designated by the Secretary under subparagraph
(B)shall serve for a term of 1 year and may serve for additional terms of 1 year if redesignated as the chairperson by the Secretary under such subparagraph. The first meeting of the Task Force shall convene not later than 180 days after the date of the enactment of this Act. Thereafter, the task Force shall meet in plenary session not less frequently than once annually. Each member of the Task Force shall serve without compensation (other than the compensation to which such member may be entitled as a member of the covered 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. In the carrying out the duties described in paragraph (2), members of the Task Force shall— on an annual basis, visit one or more military installations outside the United States; and on a semiannual basis, visit one or more military installations within the United States. The Secretary of Defense shall designate an appropriate organization within the Office of the Secretary of Defense to— provide oversight of the Task Force; provide the Task Force with the personnel, facilities, and other administrative support that is necessary for the performance of the Task Force’s duties; and on a rotating basis, direct the Secretary of each military department to— coordinate visits of the Task Force to military installations; and provide administrative, logistical, and other support for the meetings of the Task Force. Not later than 1 year after the date on which the members of the Task Force are appointed under paragraph (3), the Task Force shall submit to the Secretary of Defense recommendations with respect to each matter described in paragraph (2). After submitting the initial report under subparagraph (A), the Task Force shall, from time to time, submit to the Secretary of Defense such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence. On an annual basis until the date on which the Task Force terminates under paragraph (12), the Task Force shall submit to Congress a report that includes— a description of any improvements in the response of the covered Armed Forces to domestic violence over the preceding year; an explanation of any pending research on domestic violence that may be relevant to domestic violence involving members of the covered Armed Forces; and such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence. Except as provided in subparagraph (B), the Task Force shall terminate on the date that is 5 years after the date of the first meeting of the Task Force. Subject to clause (ii), the Secretary of Defense may continue the Task Force for a period of up to 2 years after the termination date applicable under subparagraph
(A)if the Secretary determines that continuation of the Task Force is advisable and appropriate. If the Secretary determines to continue the Task Force under clause (i), not later than 90 days before the termination date applicable under subparagraph
(A)and annually thereafter until the new date of the termination of the Task Force, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice describing the reasons for the continuation and confirming the new termination date. Except as provided in subparagraph (B), not later than 180 days after the date on which the Secretary of Defense receives the initial report of the Task Force under paragraph (11)(A)(i), the Secretary shall, in consultation with the Task Force, implement the recommendations of the Task Force with respect to each matter described in paragraph (2). The Secretary of Defense may waive the requirement under subparagraph
(A)with respect to a recommendation of the Task force by submitting to the Committees on Armed Services of the Senate and the House of Representatives a written notification setting forth the reasons for the Secretary’s decision not to implement the recommendation. Using the mechanism developed under subparagraph (B), the Secretary of Defense shall regularly collect information to measure the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members. The Secretary of Defense, in coordination with the Centers for Disease Control and civilian organizations with expertise in conducting informational surveys, shall develop a mechanism to carry out the information collection required under subparagraph (A). On an annual basis, the Secretary of Defense shall submit to the congressional defense committees a report on domestic violence in the covered Armed Forces. The report required under subparagraph
(A)shall include, with respect to the year covered by the report, the following: Based on the information collected under paragraph (1), an assessment of the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members. The number of convictions under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice). The recidivism rate for members of the covered Armed Forces convicted of domestic violence offenses. The number instances in which a member of the covered Armed Forces received an administrative discharge as a result of the member’s involvement in a domestic violence incident. The number of instances in which a member of the covered Armed Forces was prohibited from possessing firearms as a result of the member’s conviction for a domestic violence offense. Of the incidents described in clause (v), the number of instances in which the member received a waiver of such prohibition or was otherwise allowed to access firearms for duty purposes. An explanation of the status of data sharing between the Department of Defense and civilian law enforcement agencies on matters relating to domestic violence. In this section, the term covered Armed Forces means the Army, the Navy, the Air Force, and the Marine Corps.
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Sec. 538
Military-civilian task force on domestic violence and related information collection activities
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