Sec. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND RESPONSE
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## SEC. 549 ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND RESPONSE ###
(a)Delegation of Authority to Authorize Exceptional Eligibility for Certain Benefits Paragraph
(4)of section 1059(m) of title 10, United States Code, is amended to read as follows: > > #### “(4) > > > #####
(A)> > Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph
(1)may not be delegated. > > > ##### “(B) > > During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph
(1)may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.” > . ###
(b)Extension of Requirement for Annual Family Advocacy Program Report Regarding Child Abuse and Domestic Violence Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2141) is amended by striking “April 30, 2021” and inserting “April 30, 2026”. ###
(c)Implementation of Comptroller General Recommendations **[**[10 U.S.C. 1781 note](/us/usc/t10/s1781)**]** ####
(1)In general Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO-21-289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs
(A)through (K). #####
(A)Domestic abuse data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following: ######
(i)Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including— ######
(I)data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and ######
(II)data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2141). ######
(ii)Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse. ######
(iii)Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse. #####
(B)Domestic violence and command action data Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall— ######
(i)evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to— ######
(I)eliminate gaps and redundancies in the activities of such organizations; ######
(II)ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and ######
(III)otherwise improve the tracking of such incidents and actions across the Department; ######
(ii)based on the evaluation under clause (i), clarify or adjust— ######
(I)the duties of such organizations and elements; and ######
(II)the manner in which such organizations and elements coordinate their activities; and ######
(iii)issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code. #####
(C)Regulations for violation of civilian orders of protection The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). #####
(D)Agreements with civilian victim service organizations ######
(i)Guidance required The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). ######
(ii)Contents of agreement A memorandum of understanding entered into under clause
(i)shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that— ######
(I)the services offered at the installation are insufficient to meet the victim’s needs; or ######
(II)such a referral would otherwise benefit the victim. #####
(E)Screening and reporting of initial allegations The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process— ######
(i)to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and ######
(ii)to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees. #####
(F)Implementation and oversight of incident determination committees ######
(i)Implementation The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force. ######
(ii)Oversight and monitoring The Secretary of Defense shall— ######
(I)direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and ######
(II)establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces. #####
(G)Reasonable suspicion standard for incident reporting Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations— ######
(i)under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and ######
(ii)that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i). #####
(H)Guidance for victim risk assessment The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that— ######
(i)identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and ######
(ii)establishes minimum qualifications for the personnel responsible for using such tools. #####
(I)Improving family advocacy program awareness campaigns The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement— ######
(i)a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and ######
(ii)metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns. #####
(J)Assessment of the disposition model for domestic violence As part of the independent analysis required by section 549C of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) the Secretary of Defense shall include an assessment of— ######
(i)the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to— ######
(I)the eligibility of victims for transitional compensation and other benefits; and ######
(II)the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and ######
(ii)the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model. #####
(K)Family advocacy program training ######
(i)Training for commanders and senior enlisted advisors The Secretary of Defense, in consultation with the Secretaries of the military departments, shall— ######
(I)ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and ######
(II)shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training. ######
(ii)Training for chaplains The Secretary of Defense shall— ######
(I)require that chaplains of the Armed Forces receive Family Advocacy Program training; ######
(II)establish content requirements and learning objectives for such training; and ######
(III)provide such additional guidance and sample training materials as may be necessary to effectively implement such training. ######
(iii)Training completion data The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training. ####
(2)General implementation date Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act. ####
(3)Quarterly status briefing Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph
(1)have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities. ###
(d)Information on Services for Military Families Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following: ####
(1)The Family Advocacy Program of the Armed Force or military department concerned. ####
(2)Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect. ####
(3)Other applicable victim services. ###
(e)Reports on Staffing Levels for Family Advocacy Programs ####
(1)In general Not later than 180 days after the date on which the staffing tool described in paragraph
(2)becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: #####
(A)Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report. #####
(B)Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool. ####
(2)Staffing tool described The staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs. ####
(3)Comptroller general review #####
(A)In general Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces. #####
(B)Elements The review conducted under subparagraph
(A)shall include an assessment of each of the following: ######
(i)The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions. ######
(ii)The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services. ######
(iii)The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements. ######
(iv)The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2). #####
(C)Briefing and report ######
(i)Briefing Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A). ######
(ii)Report Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A). ###
(f)Study and Briefing on Initial Entry Points ####
(1)Study The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of— #####
(A)points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and #####
(B)other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones. ####
(2)Briefing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1). ###
(g)Definitions **[**[10 U.S.C. 1781 note](/us/usc/t10/s1781)**]** In this section: ####
(1)The term “appropriate congressional committees” means the Committees on Armed Services of the Senate and the House of Representatives. ####
(2)The term “civilian order of protection” has the meaning given that term in section 1561a of title 10, United States Code. ####
(3)The term “disposition model for domestic violence” means the process to determine— #####
(A)the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and #####
(B)consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense. ####
(4)The term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense. ####
(5)The term “qualified civilian victim service organization” means an organization outside the Department of Defense that— #####
(A)is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and #####
(B)is located in a community surrounding a military installation. ####
(6)The term “risk assessment tool” means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.
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- 130 Stat. 2141
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Sec. 549
ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND RESPONSE
Stat.130 Stat. 2141
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