Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 1561a"
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description: "Civilian orders of protection: force and effect on military installations"
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||||
chapter_number: "80"
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||||
chapter_name: "MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES"
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||||
section: "1561a"
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citation: "10 U.S.C. § 1561a"
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---
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# 10 U.S.C. § 1561a - Civilian orders of protection: force and effect on military installations
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## Text
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(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.
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(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.
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(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.
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(Added Pub. L. 107–311, § 2(a), Dec. 2, 2002, 116 Stat. 2455.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Policies and Procedures on Registration at Military Installations of Civilian Protective Orders Applicable to Members of the Armed Forces Assigned to Such Installations and Certain Other IndividualsPub. L. 116–92, div. A, title V, § 550A, Dec. 20, 2019, 133 Stat. 1380, provided that: “(a) Policies and Procedures Required.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of installations in the registration process. “(b) Civilian Protective Orders.—A civilian protective order described in this subsection is any civilian protective order as follows:“(1) A civilian protective order against a member of the Armed Forces assigned to the installation concerned. “(2) A civilian protective order against a civilian employee employed at the installation concerned. “(3) A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installation concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. “(c) Particular Elements.—The policies and procedures required by subsection (a) shall include the following:“(1) A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces assigned to such installation, a civilian employee employed at such installation, a civilian spouse or intimate partner of a member assigned to such installation, or a civilian spouse or intimate partner of a civilian employee employed at such installation becomes subject to a civilian protective order. “(2) A statement of policy that failure to register a civilian protective order may not be a justification for the lack of enforcement of such order by military law enforcement and other applicable personnel who have knowledge of such order. “(d) Letter.—As soon as practicable after establishing the policies and procedures required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a letter that includes the following:“(1) A detailed description of the policies and procedures. “(2) A certification by the Secretary that the policies and procedures have been implemented on each military installation.”
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---
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type: "LegalText"
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title: "10 U.S.C. § 1561b"
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description: "Confidential reporting of sexual harassment"
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chapter_number: "80"
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chapter_name: "MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES"
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section: "1561b"
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citation: "10 U.S.C. § 1561b"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1561b - Confidential reporting of sexual harassment
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## Text
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(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.
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(b) Receipt of Complaints.— An individual designated and trained to receive complaints under the process under subsection (a) shall—
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(1) maintain the confidentiality of the member alleging the complaint;
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(2) 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:
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(A) 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.
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(B) That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety.
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(C) If the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact—
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(i) 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
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(ii) options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program.
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(D) The services and assistance available to the member in connection with the complaint and the alleged sexual harassment.
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(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—
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(1) educate members under the jurisdiction of the Secretaries of the military departments or the Commandant departments regarding the process established under this section; and
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(2) track complaints alleged pursuant to the process.
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(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.
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(e) Reports for the Coast Guard.— (1) In general.— 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.
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(2) Personally identifiable information.— Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.
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(Added Pub. L. 116–283, div. A, title V, § 532(a)(1), Jan. 1, 2021, 134 Stat. 3601; amended Pub. L. 119–60, div. G, title LXXV, § 7525, Dec. 18, 2025, 139 Stat. 1816.)
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## Notes
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Editorial Notes
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Amendments2025—Subsec. (a). Pub. L. 119–60, § 7525(1), inserted “and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense” and “or the Commandant” after “Secretary of a military department”. Subsec. (c). Pub. L. 119–60, § 7525(2)(A), inserted “or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense” in introductory provisions. Subsec. (c)(1). Pub. L. 119–60, § 7525(2)(B), inserted “departments or the Commandant” after “Secretaries of the military”. Subsec. (e). Pub. L. 119–60, § 7525(3), added subsec. (e).
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---
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type: "LegalText"
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---
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# 10 U.S.C. § 1562 - Database on domestic violence incidents
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## Text
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(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.
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(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:
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(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.
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(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.
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(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.
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(Added Pub. L. 106–65, div. A, title V, § 594(a), Oct. 5, 1999, 113 Stat. 643.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Improvements to Department of Defense Domestic Violence ProgramsPub. L. 111–383, div. A, title V, § 543, Jan. 7, 2011, 124 Stat. 4218, as amended by Pub. L. 113–291, div. A, title V, § 544(b), Dec. 19, 2014, 128 Stat. 3374, provided that: “(a) Implementation of Outstanding Comptroller General Recommendations.—Consistent with the recommendations contained in the report of the Comptroller General of the United States titled ‘Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence Program’ (GAO–10–577R), the Secretary of Defense shall complete, not later than one year after the date of enactment of this Act [Jan. 7, 2011], implementation of actions to address the following recommendations:“(1) Adequate personnel.—The Secretary of Defense shall develop a plan to ensure that adequate personnel are available to implement recommendations made by the Defense Task Force on Domestic Violence. “(2) Domestic violence training data for chaplains.—The Secretary of Defense shall develop a plan to collect domestic violence training data for chaplains. “(3) Oversight framework.—The Secretary of Defense shall develop an oversight framework for Department of Defense domestic violence programs, to include oversight of implementation of recommendations made by the Defense Task Force on Domestic Violence, including budgeting, communication initiatives, and policy compliance. “(b) Implementation Report.—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] an implementation report within 90 days of the completion of actions outlined in subsection (a).”
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Comptroller General Review and ReportPub. L. 108–136, div. A, title V, § 575, Nov. 24, 2003, 117 Stat. 1486, provided that: “(a) Review.—During the two-year period beginning on the date of the enactment of this Act [Nov. 24, 2003], the Comptroller General shall review and assess the progress of the Department of Defense in implementing the recommendations of the Defense Task Force on Domestic Violence. In reviewing the status of the Department’s efforts, the Comptroller General should specifically focus on—“(1) the efforts of the Department to ensure confidentiality for victims and accountability and education of commanding officers and chaplains; and “(2) the resources that the Department of Defense has provided toward such implementation, including personnel, facilities, and other administrative support, in order to ensure that necessary resources are provided to the organization within the Office of the Secretary of Defense with direct responsibility for oversight of implementation by the military departments of recommendations of the Task Force in order for that organization to carry out its duties and responsibilities. “(b) Report.—The Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of the review and assessment under subsection (a) not later than 30 months after the date of the enactment of this Act [Nov. 24, 2003].”
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Defense Task Force on Domestic ViolencePub. L. 106–65, div. A, title V, § 591, Oct. 5, 1999, 113 Stat. 639, as amended by Pub. L. 107–107, div. A, title V, § 575, Dec. 28, 2001, 115 Stat. 1123, directed the Secretary of Defense to establish a Department of Defense Task Force on Domestic Violence; required the task force to submit to the Secretary of Defense a long-term, strategic plan to address matters relating to domestic violence within the military more effectively, to review the victims’ safety program under Pub. L. 106–65, § 592, set out below, and other matters relating to acts of domestic violence involving members of the Armed Forces, and to submit to the Secretary an annual report on its activities and activities of the military departments; directed the Secretary to submit the report and the Secretary’s evaluation of the report to committees of Congress; and provided for the termination of the task force on Apr. 24, 2003.
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Incentive Program for Improving Responses to Domestic Violence Involving Members of the Armed Forces and Military Family MembersPub. L. 106–65, div. A, title V, § 592, Oct. 5, 1999, 113 Stat. 642, provided that: “(a) Purpose.—The purpose of this section is to 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.”
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Uniform Department of Defense Policies for Responses to Domestic ViolencePub. L. 106–65, div. A, title V, § 593, Oct. 5, 1999, 113 Stat. 643, provided that: “(a) Requirement.—The Secretary of Defense shall prescribe the following:“(1) Standard guidelines to be used by the 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].”
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---
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type: "LegalText"
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|
||||
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|
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|
||||
section: "1562a"
|
||||
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|
||||
---
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||||
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# 10 U.S.C. § 1562a - Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense
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## Text
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||||
(a) Designation of Responsible Component.— (1) In general.— 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).
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(2) Coast guard.— 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.
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(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—
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(1) that such an allegation has been reported and by whom;
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(2) the date of the report;
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(3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation;
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(4) the component or other entity responsible for the investigation of or inquiry into the allegation;
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(5) the entry of findings;
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(6) referral of such findings to a decisionmaker for review and action, as appropriate;
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(7) the outcome of final action; and
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(8) 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.
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(c) Covered Allegation of Retaliation Defined.— In this section, the term “covered allegation of retaliation” means an allegation of retaliation—
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(1) made by—
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(A) an alleged victim of sexual assault or sexual harassment;
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(B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment;
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(C) a witness or bystander to an alleged sexual assault or sexual harassment; or
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(D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and
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(2) without regard to whether the allegation is reported to or investigated or inquired into by—
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(A) the Department of Defense Inspector General, the Inspector General of the Department of Homeland Security, or any other inspector general;
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(B) a military criminal investigative organization;
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(C) a commander or other person at the direction of the commander;
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(D) another armed force or civilian law enforcement organization; or
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|
||||
(E) 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.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title V, § 544(a), Dec. 27, 2021, 135 Stat. 1710; amended Pub. L. 119–60, div. G, title LXXV, § 7521, Dec. 18, 2025, 139 Stat. 1813.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 7521(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (b). Pub. L. 119–60, § 7521(2)(A), inserted “and the Commandant of the Coast Guard” after “Secretary” in introductory provisions. Subsec. (b)(4). Pub. L. 119–60, § 7521(2)(C), struck out “Department of Defense” before “component”. Subsec. (b)(8). Pub. L. 119–60, § 7521(2)(B), inserted “or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard” before period at end. Subsec. (c)(2)(A). Pub. L. 119–60, § 7521(3)(A), inserted “, the Inspector General of the Department of Homeland Security,” before “or any other inspector general”. Subsec. (c)(2)(D). Pub. L. 119–60, § 7521(3)(B), substituted “armed force” for “military”. Subsec. (c)(2)(E). Pub. L. 119–60, § 7521(3)(C), inserted “or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard” after “Department of Defense”.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1563"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1563 - Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion
|
||||
|
||||
## Text
|
||||
|
||||
(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.— (1) 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.
|
||||
|
||||
(2) The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in 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.
|
||||
|
||||
(3) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.
|
||||
|
||||
(4) Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former 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—
|
||||
|
||||
(1) a Senator; or
|
||||
|
||||
(2) a Representative in, or a Delegate or Resident Commissioner to, Congress.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 542(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–114; amended Pub. L. 108–136, div. A, title X, § 1031(a)(11), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 116–283, div. A, title V, § 523(b), Jan. 1, 2021, 134 Stat. 3598; Pub. L. 118–31, div. A, title XVII, § 1741(a)(6), Dec. 22, 2023, 137 Stat. 680.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (c)(1). Pub. L. 118–31 substituted “general or” for “general,” and struck out “, or an equivalent grade in the Space Force” after “rear admiral (upper half)”. 2021—Pub. L. 116–283, § 523(b)(3), substituted “Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion” for “Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review” in section catchline. Subsec. (a). Pub. L. 116–283, § 523(b)(1)(A), substituted, in first sentence, “the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces” for “the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified,” and, in second sentence, “the promotion” for “the posthumous or honorary promotion or appointment”. Subsec. (b). Pub. L. 116–283, § 523(b)(1)(B), substituted “the honorary promotion” for “the posthumous or honorary promotion or appointment”. Subsecs. (c), (d). Pub. L. 116–283, § 523(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d). 2003—Pub. L. 108–136, § 1031(a)(11)(B), struck out “and recommendation” after “review” in section catchline. Subsec. (a). Pub. L. 108–136, § 1031(a)(11)(A)(i), struck out “and the other determinations necessary to comply with subsection (b)” before period at end. Subsec. (b). Pub. L. 108–136, § 1031(a)(11)(A)(ii), substituted “a detailed discussion of the rationale supporting the determination.” for “notice in writing of one of the following: “(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits. “(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended. “(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy. “(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended. A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.”
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1563a"
|
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description: "Honorary promotions on the initiative of the Department of Defense"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1563a - Honorary promotions on the initiative of the Department of Defense
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) 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).
|
||||
|
||||
(2) 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.
|
||||
|
||||
(3) 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.
|
||||
|
||||
(4) (A) 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.
|
||||
|
||||
(B) For purposes of this paragraph, an officer is an independent officer if—
|
||||
|
||||
(i) 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
|
||||
|
||||
(ii) 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.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title V, § 523(a), Jan. 1, 2021, 134 Stat. 3597; amended Pub. L. 118–31, div. A, title XVII, § 1741(a)(6), Dec. 22, 2023, 137 Stat. 680; Pub. L. 119–60, div. A, title V, § 523, Dec. 18, 2025, 139 Stat. 864.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a)(1). Pub. L. 119–60, § 523(1)(A), substituted “the Secretary of a military department may make an honorary promotion, including a posthumous honorary promotion, of a former” for “the Secretary may make an honorary promotion (whether or not posthumous) of a former” and struck out “if the Secretary determines that the promotion is merited” before period at end. Subsec. (a)(2) to (4). Pub. L. 119–60, § 523(1)(B), added pars. (2) to (4) and struck out former par. (2) which read as follows: “The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.” Subsec. (b). Pub. L. 119–60, § 523(2), substituted “The Secretary of a military department” for “The Secretary”. Subsec. (c). Pub. L. 119–60, § 523(3), substituted “the Secretary of the military department concerned” for “the Secretary”. 2023—Subsec. (a)(1). Pub. L. 118–31 substituted “general or” for “general,” and struck out “, or an equivalent grade in the Space Force” after “rear admiral (upper half)”.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,143 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 1564a"
|
||||
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
citation: "10 U.S.C. § 1564a"
|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1564a - Counterintelligence polygraph program
|
||||
|
||||
## Text
|
||||
|
||||
(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:
|
||||
|
||||
(1) With respect to persons whose duties are described in subsection (c)—
|
||||
|
||||
(A) military and civilian personnel of the Department of Defense;
|
||||
|
||||
(B) personnel of defense contractors;
|
||||
|
||||
(C) persons assigned or detailed to the Department of Defense; and
|
||||
|
||||
(D) applicants for a position in the Department of Defense.
|
||||
|
||||
(2) A person who is—
|
||||
|
||||
(A) 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
|
||||
|
||||
(B) either—
|
||||
|
||||
(i) a civilian employee or contractor who requires access to classified information; or
|
||||
|
||||
(ii) 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—
|
||||
|
||||
(1) access to information that—
|
||||
|
||||
(A) has been classified at the level of top secret; or
|
||||
|
||||
(B) 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
|
||||
|
||||
(2) 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—
|
||||
|
||||
(A) jeopardize human life or safety;
|
||||
|
||||
(B) result in the loss of unique or uniquely productive intelligence sources or methods vital to United States security; or
|
||||
|
||||
(C) 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:
|
||||
|
||||
(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract with the Central Intelligence Agency.
|
||||
|
||||
(2) A person who is—
|
||||
|
||||
(A) employed by or assigned or detailed to the National Security Agency;
|
||||
|
||||
(B) an expert or consultant under contract to the National Security Agency;
|
||||
|
||||
(C) an employee of a contractor of the National Security Agency; or
|
||||
|
||||
(D) a person applying for a position in the National Security Agency.
|
||||
|
||||
(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored.
|
||||
|
||||
(4) 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.— (1) Polygraph examinations conducted under this section shall comply with all applicable laws and regulations.
|
||||
|
||||
(2) Such examinations may be authorized for any of the following purposes:
|
||||
|
||||
(A) 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).
|
||||
|
||||
(B) With the consent of, or upon the request of, the examinee, to—
|
||||
|
||||
(i) resolve serious credible derogatory information developed in connection with a personnel security investigation; or
|
||||
|
||||
(ii) exculpate him- or herself of allegations or evidence arising in the course of a counterintelligence or personnel security investigation.
|
||||
|
||||
(C) 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.
|
||||
|
||||
(D) 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.
|
||||
|
||||
(3) 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:
|
||||
|
||||
(A) 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.
|
||||
|
||||
(B) The examinee shall be advised of the examinee’s right to consult with legal counsel.
|
||||
|
||||
(C) 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.— (1) The Secretary shall establish a process to monitor responsible and effective application of polygraph examinations within the Department of Defense.
|
||||
|
||||
(2) 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:
|
||||
|
||||
(1) An on-going evaluation of the validity of polygraph techniques used by the Department.
|
||||
|
||||
(2) Research on polygraph countermeasures and anti-countermeasures.
|
||||
|
||||
(3) Developmental research on polygraph techniques, instrumentation, and analytic methods.
|
||||
|
||||
(Added Pub. L. 108–136, div. A, title X, § 1041(a)(1), Nov. 24, 2003, 117 Stat. 1607; amended Pub. L. 109–163, div. A, title X, § 1054(a), Jan. 6, 2006, 119 Stat. 3436; Pub. L. 115–232, div. A, title XVI, § 1623(a)–(c), Aug. 13, 2018, 132 Stat. 2119.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextExecutive Order No. 12958, referred to in subsec. (c)(1)(B), which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731.
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 100–180, title XI, § 1121, Dec. 4, 1987, 101 Stat. 1147, as amended, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 108–136, div. A, title X, § 1041(b), Nov. 24, 2003, 117 Stat. 1608.
|
||||
|
||||
Amendments2018—Subsec. (b). Pub. L. 115–232, § 1623(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “Except as provided in subsection (d), the following persons, if their duties are described in subsection (c), are subject to this section: “(1) Military and civilian personnel of the Department of Defense. “(2) Personnel of defense contractors. “(3) A person assigned or detailed to the Department of Defense. “(4) An applicant for a position in the Department of Defense.” Subsec. (c). Pub. L. 115–232, § 1623(c)(1), substituted “subsection (b)(1)” for “subsection (b)” in introductory provisions. Subsec. (e)(2)(A). Pub. L. 115–232, § 1623(c)(2), substituted “subsections (b)(1) and (c)” for “subsections (b) and (c)”. Subsec. (e)(2)(D). Pub. L. 115–232, § 1623(b), added subpar. (D). 2006—Pub. L. 109–163 reenacted section catchline without change and amended text generally. Prior to amendment, section related to authority for program for administration of counterintelligence polygraph examinations in subsec. (a), persons covered in subsec. (b), exceptions from coverage for certain intelligence agencies and functions in subsec. (c), oversight in subsec. (d), and polygraph research program in subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–163, div. A, title X, § 1054(b), Jan. 6, 2006, 119 Stat. 3438, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to polygraph examinations administered beginning on the date of the enactment of this Act [Jan. 6, 2006].”
|
||||
|
||||
ConstructionPub. L. 115–232, div. A, title XVI, § 1623(d), Aug. 13, 2018, 132 Stat. 2119, provided that: “Nothing in section 1564a of title 10, United States Code, as amended by this section, shall be construed to prohibit the granting of a security clearance to persons described in subsection (b)(2) of such section absent information relevant to the adjudication process, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.”
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1564b - Security vetting for foreign nationals
|
||||
|
||||
## Text
|
||||
|
||||
(a) Standards and Process.— (1) 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.
|
||||
|
||||
(2) The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent.
|
||||
|
||||
(3) 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:
|
||||
|
||||
(1) The individual is—
|
||||
|
||||
(A) a national of a foreign state;
|
||||
|
||||
(B) 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
|
||||
|
||||
(C) 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)).
|
||||
|
||||
(2) The individual is either—
|
||||
|
||||
(A) a civilian employee of the Department of Defense or a contractor of the Department; or
|
||||
|
||||
(B) a member of the armed forces.
|
||||
|
||||
(Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextExecutive Order 13467, referred to in subsec. (a)(1), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense.
|
||||
@@ -0,0 +1,87 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1565 - DNA identification information: collection from certain offenders; use
|
||||
|
||||
## Text
|
||||
|
||||
(a) Collection of DNA Samples.— (1) 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)).
|
||||
|
||||
(2) 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.
|
||||
|
||||
(3) 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—
|
||||
|
||||
(1) 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
|
||||
|
||||
(2) 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:
|
||||
|
||||
(1) The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
|
||||
|
||||
(2) 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:
|
||||
|
||||
(1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.
|
||||
|
||||
(2) 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))).11 See References in Text note below.
|
||||
|
||||
(e) Expungement.— (1) 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.
|
||||
|
||||
(2) For purposes of paragraph (1), the term “qualifying offense” means any of the following offenses:
|
||||
|
||||
(A) A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000.
|
||||
|
||||
(B) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000.
|
||||
|
||||
(C) A qualifying military offense.
|
||||
|
||||
(3) 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.
|
||||
|
||||
(Added Pub. L. 106–546, § 5(a)(1), Dec. 19, 2000, 114 Stat. 2731; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–405, title II, § 203(c), Oct. 30, 2004, 118 Stat. 2270.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2)(A), is section 3 of Pub. L. 106–546, which was classified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 40702 of Title 34, Crime Control and Law Enforcement. Section 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (e)(2)(B), is section 4 of Pub. L. 106–546, which is classified to section 40703 of Title 34, Crime Control and Law Enforcement. The Uniform Code of Military Justice, referred to in subsec. (d), is classified to chapter 47 (§ 801 et seq.) of this title. Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (e)(1), is classified to section 12592 of Title 34, Crime Control and Law Enforcement.
|
||||
|
||||
Amendments2004—Subsec. (d). Pub. L. 108–405 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “(1) Subject to paragraph (2), the Secretary of Defense, in consultation with the Attorney General, shall determine those felony or sexual offenses under the Uniform Code of Military Justice that shall be treated for purposes of this section as qualifying military offenses. “(2) An 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), as determined by the Secretary in consultation with the Attorney General, shall be treated for purposes of this section as a qualifying military offense.” 2002—Subsec. (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Initial Determination of Qualifying Military OffensesPub. L. 106–546, § 5(b), Dec. 19, 2000, 114 Stat. 2733, provided that: “The initial determination of qualifying military offenses under section 1565(d) of title 10, United States Code, as added by subsection (a)(1), shall be made not later than 120 days after the date of the enactment of this Act [Dec. 19, 2000].”
|
||||
|
||||
Commencement of CollectionPub. L. 106–546, § 5(c), Dec. 19, 2000, 114 Stat. 2733, provided that: “Collection of DNA samples under section 1565(a) of such title, as added by subsection (a)(1), shall, subject to the availability of appropriations, commence not later than the date that is 60 days after the date of the initial determination referred to in subsection (b) [set out above].”
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1565a - DNA samples maintained for identification of human remains: use for law enforcement purposes
|
||||
|
||||
## Text
|
||||
|
||||
(a) Compliance with Court Order.— (1) 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.
|
||||
|
||||
(2) 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.
|
||||
|
||||
(Added Pub. L. 107–314, div. A, title X, § 1063(a), Dec. 2, 2002, 116 Stat. 2653.)
|
||||
@@ -0,0 +1,81 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1565b - Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates
|
||||
|
||||
## Text
|
||||
|
||||
(a) Availability of Legal Assistance and Victim Advocate Services.— (1) 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:
|
||||
|
||||
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title.
|
||||
|
||||
(B) Assistance provided by a Sexual Assault Response Coordinator.
|
||||
|
||||
(C) Assistance provided by a Sexual Assault Victim Advocate.
|
||||
|
||||
(2) 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.
|
||||
|
||||
(3) 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.
|
||||
|
||||
(4) 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.— (1) 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.
|
||||
|
||||
(2) The individuals specified in this paragraph are the following:
|
||||
|
||||
(A) A Sexual Assault Response Coordinator.
|
||||
|
||||
(B) A Sexual Assault Victim Advocate.
|
||||
|
||||
(C) Healthcare personnel specifically identified in the regulations required by paragraph (1).
|
||||
|
||||
(3) 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:
|
||||
|
||||
(1) Sexual assault.— 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.
|
||||
|
||||
(2) State.— 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.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title V, § 581(b)(1), Dec. 31, 2011, 125 Stat. 1431; amended Pub. L. 113–66, div. A, title XVII, § 1716(a)(3)(C), Dec. 26, 2013, 127 Stat. 969; Pub. L. 114–92, div. A, title V, §§ 534(b), 536, Nov. 25, 2015, 129 Stat. 816, 817.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2015—Subsec. (a)(3), (4). Pub. L. 114–92, § 534(b), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 114–92, § 536(b), substituted “an adult dependent” for “a dependent”. Subsec. (b)(3). Pub. L. 114–92, § 536(a), added par. (3). Subsec. (c). Pub. L. 114–92, § 536(c), added subsec. (c). 2013—Subsec. (a)(1)(A). Pub. L. 113–66 substituted “sections 1044 and 1044e” for “section 1044”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Dissemination of Civilian Legal Services InformationPub. L. 117–263, div. A, title V, § 549C, Dec. 23, 2022, 136 Stat. 2591, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense, acting through the head of the Sexual Assault Prevention and Response Office of the Department of Defense, shall ensure that information on the availability of legal resources from civilian legal service organizations is distributed to military-connected sexual assault victims in an organized and consistent manner.”
|
||||
|
||||
Coordination of Support for Survivors of Sexual TraumaPub. L. 116–283, div. A, title V, § 538, Jan. 1, 2021, 134 Stat. 3605, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretaries of Defense and Veterans Affairs shall jointly develop, implement, and maintain a standard of coordinated care for members of the Armed Forces who are survivors of sexual trauma. Such standard shall include the following: “(b) Minimum Elements.—The standard developed and implemented under subsection (a) by the Secretaries of Defense and Veterans Affairs shall include the following:“(1) Information for members of the armed forces.—The Secretary of Defense shall ensure that—“(A) Sexual Assault Response Coordinators and Uniformed Victim Advocates receive annual training on resources of the Department of Veterans Affairs regarding sexual trauma; “(B) information regarding services furnished by the Secretary of Veterans Affairs to survivors of sexual trauma is provided to each such survivor; and “(C) information described in subparagraph (B) is posted in the following areas in each facility of the Department of Defense:“(i) An office of the Family Advocacy Program. “(ii) An office of a mental health care provider. “(iii) Each area in which sexual assault prevention staff normally post notices or information. “(iv) High-traffic areas (including dining facilities). “(2) Coordination between staff of the departments.—The Secretaries shall ensure that a Sexual Assault Response Coordinator or Uniformed Victim Advocate of the Department of Defense who receives a report of an instance of sexual trauma connects the survivor to the Military Sexual Trauma Coordinator of the Department of Veterans Affairs at the facility of that Department nearest to the residence of that survivor if that survivor is a member separating or retiring from the Armed Forces. “(c) Reports.—“(1) Report on residential treatment.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of Defense and Veterans Affairs shall provide a report to the appropriate committees of Congress regarding the availability of residential treatment programs for survivors of sexual trauma, including—“(A) barriers to access for such programs; and “(B) resources required to reduce such barriers. “(2) Initial report.—Upon implementation of the standard under subsection (a), the Secretaries of Defense and Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the standard. “(3) Progress reports.—Not later than 180 days after submitting the initial report under paragraph (2), and on December 1 of each subsequent year, the Secretaries of Defense and Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the progress of the Secretaries in implementing and improving the standard. “(4) Updates.—Whenever the Secretaries of Defense and Veterans Affairs update the standard developed under subsection (a), the Secretaries shall jointly submit to the appropriate committees of Congress a report on such update, including a comprehensive and detailed description of such update and the reasons for such update. “(d) Definitions.—In this section:“(1) The term ‘sexual trauma’ means a condition described in section 1720D(a)(1) of title 38, United States Code. “(2) The term ‘appropriate committees of Congress’ means—“(A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and “(B) the Committees on Armed Services of the House of Representatives and the Senate.”
|
||||
|
||||
Information for Members of the Armed Forces on Availability of Services of the Department of Veterans Affairs Relating to Sexual TraumaPub. L. 116–92, div. A, title V, § 599, Dec. 20, 2019, 133 Stat. 1421, provided that: “(a) In General.—The Secretary of Defense shall inform members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services of the Department of Veterans Affairs relating to sexual trauma. “(b) Information From Sexual Assault Response Coordinators.—The Secretary of Defense shall ensure—“(1) that Sexual Assault Response Coordinators and uniformed victims advocates of the Department of Defense advise members of the Armed Forces who report instances of sexual trauma regarding the eligibility of such members for services at the Department of Veterans Affairs; and “(2) that such information is included in mandatory training materials. “(c) Sexual Trauma Defined.—In this section, the term ‘sexual trauma’ means psychological trauma described in section 1720D(a)(1) of title 38, United States Code.”
|
||||
|
||||
Legal Assistance for Victims of Sexual AssaultPub. L. 112–81, div. A, title V, § 581(a), Dec. 31, 2011, 125 Stat. 1430, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to victims of sexual assault. Such regulations shall require that legal assistance be provided by military or civilian legal assistance counsel pursuant to section 1044 of title 10, United States Code.”
|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 1566 - Voting assistance: compliance assessments; assistance
|
||||
|
||||
## Text
|
||||
|
||||
(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—
|
||||
|
||||
(1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); 11 See References in Text note below. and
|
||||
|
||||
(2) any similar program.
|
||||
|
||||
(c) Annual Effectiveness and Compliance Reviews.— (1) The Inspector General of each of the Army, Navy, Air Force, Marine Corps, and Space Force shall conduct—
|
||||
|
||||
(A) an annual review of the effectiveness of voting assistance programs; and
|
||||
|
||||
(B) an annual review of the compliance with voting assistance programs of that armed force.
|
||||
|
||||
(2) 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).
|
||||
|
||||
(3) Not later than March 31 each year, the Inspector General of the Department of Defense shall submit to Congress a report on—
|
||||
|
||||
(A) the effectiveness during the preceding calendar year of voting assistance programs; and
|
||||
|
||||
(B) 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.— (1) 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.
|
||||
|
||||
(2) 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.— (1) 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.
|
||||
|
||||
(2) 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.
|
||||
|
||||
(3) 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.— (1) 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.
|
||||
|
||||
(2) 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.
|
||||
|
||||
(3) 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.
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title XVI, § 1602(a)(1), Dec. 28, 2001, 115 Stat. 1274; amended Pub. L. 107–252, title VII, § 701, Oct. 29, 2002, 116 Stat. 1722; Pub. L. 108–375, div. A, title X, § 1084(d)(13), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–364, div. A, title V, § 596(a), (d), Oct. 17, 2006, 120 Stat. 2235, 2236; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(M), Jan. 1, 2021, 134 Stat. 3820.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsecs. (b)(1), (e), and (i)(2), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified principally to subchapter I–G (§ 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 203 (§ 20301 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
|
||||
|
||||
Amendments2021—Subsecs. (a), (c)(1), (3)(B). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”. 2006—Subsec. (d). Pub. L. 109–364, § 596(a), struck out subsec. (d), which required the Inspector General of the Department of Defense to periodically conduct unannounced assessments of compliance with requirements of law regarding voting by members of the armed forces at Department of Defense installations. Subsec. (g)(2). Pub. L. 109–364, § 596(d), struck out at end “Not later than April 29, 2003, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.” 2004—Subsec. (g)(2). Pub. L. 108–375, § 1084(d)(13)(A), substituted “April 29, 2003” for “the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002”. Subsecs. (h), (i)(1), (3). Pub. L. 108–375, § 1084(d)(13)(B), substituted “armed forces” for “Armed Forces”. 2002—Subsec. (f). Pub. L. 107–252, § 701(a), designated existing provisions as par. (1) and added par. (2). Subsec. (g)(2). Pub. L. 107–252, § 701(b), inserted at end “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. Not later than the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.” Subsec. (h). Pub. L. 107–252, § 701(c), added subsec. (h). Subsec. (i). Pub. L. 107–252, § 701(d), added subsec. (i).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (c)(3) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
|
||||
|
||||
Information and Opportunities for Registration for Voting and Absentee Ballot Requests for Members of the Armed Forces Undergoing Deployment OverseasPub. L. 116–92, div. A, title V, § 580C, Dec. 20, 2019, 133 Stat. 1409, provided that: “(a) In General.—Not later than 45 days prior to a general election for Federal office, a member of the Armed Forces shall, upon request, be provided with the following:“(1) A Federal write-in absentee ballot prescribed pursuant to section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303), together with instructions on the appropriate use of the ballot with respect to the State in which the member is registered to vote. “(2) In the case of a member intending to vote in a State that does not accept the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections, instructions on, and an opportunity to fill out, the official post card form for absentee voter registration application and absentee ballot application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(b)(2)). “(b) Personnel Responsible of Discharge.—Ballots and instructions pursuant to paragraph (1) of subsection (a), and briefings and forms pursuant to paragraph (2) of such subsection, shall be provided by Voting Assistance Officers or such other personnel as the Secretary of the military department concerned shall designate.”
|
||||
|
||||
Initial ReportPub. L. 107–107, div. A, title XVI, § 1602(b), Dec. 28, 2001, 115 Stat. 1276, directed that the first report under subsec. (c)(3) of this section be submitted not later than Mar. 31, 2003.
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1566a - Voting assistance: voter assistance offices
|
||||
|
||||
## Text
|
||||
|
||||
(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:
|
||||
|
||||
(1) 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)).11 See References in Text note below.
|
||||
|
||||
(2) Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an election for Federal office.
|
||||
|
||||
(3) 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.
|
||||
|
||||
(4) 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—
|
||||
|
||||
(1) are undergoing a permanent change of duty station;
|
||||
|
||||
(2) are deploying overseas for at least six months;
|
||||
|
||||
(3) are returning from an overseas deployment of at least six months; or
|
||||
|
||||
(4) 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)—
|
||||
|
||||
(1) 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;
|
||||
|
||||
(2) 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;
|
||||
|
||||
(3) 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
|
||||
|
||||
(4) 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—
|
||||
|
||||
(1) the availability of information and voter registration assistance at offices designated under subsection (a); and
|
||||
|
||||
(2) 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.— (1) 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.
|
||||
|
||||
(2) 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:
|
||||
|
||||
(1) 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
|
||||
|
||||
(2) 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
|
||||
|
||||
(3) 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
|
||||
|
||||
(Added Pub. L. 111–84, div. A, title V, § 583(b)(1), Oct. 28, 2009, 123 Stat. 2328; amended Pub. L. 111–383, div. A, title X, § 1075(b)(21), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 113–291, div. A, title V, § 592, title X, § 1071(e)(2), Dec. 19, 2014, 128 Stat. 3395, 3509.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Uniformed and Overseas Citizens Absentee Voting Act, referred to in text, is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified principally to subchapter I–G (§ 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 203 (§ 20301 et seq.) of Title 52. Sections 101 and 107 of the Act are now classified to sections 20301 and 20310, respectively, of Title 52. For complete classification of this Act to the Code, see Tables. The National Voter Registration Act of 1993, referred to in subsec. (e), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which was formerly classified principally to subchapter I–H (§ 1973gg et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 205 (§ 20501 et seq.) of Title 52. Section 7 of the Act is now classified to section 20506 of Title 52. For complete classification of this Act to the Code, see Tables.
|
||||
|
||||
Amendments2014—Subsec. (a). Pub. L. 113–291, § 1071(e)(2), which directed substitution of “Under” for “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under” in introductory provisions, could not be executed because of the prior amendment by Pub. L. 113–291, § 592(a)(1). See below. Pub. L. 113–291, § 592(a), in introductory provisions, substituted “Under” for “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under” and inserted “, 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,” after “their jurisdiction”. Subsec. (f). Pub. L. 113–291, § 592(b), designated existing provisions as par. (1) and added par. (2). 2011—Subsec. (a)(1). Pub. L. 111–383 inserted closing parenthesis before period at end.
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1567"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1567"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "d6f6e458b1b937f434cbf71ae5c983c96179bf0cac90866f2438084781f207a9"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "893c653fddac083cca98947b21995aeef8d331a9ef52b786697bf8d739af61cc"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1567 - Duration of military protective orders
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2009—Pub. L. 111–84 made technical amendment to section catchline.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1567a"
|
||||
description: "Mandatory notification of issuance of military protective order to civilian law enforcement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "80"
|
||||
chapter_name: "MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES"
|
||||
section: "1567a"
|
||||
citation: "10 U.S.C. § 1567a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1567a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "99d16d8822a380fbdbad79c06a809572299d02ed1927e74a8348a0706df89877"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "00994973bae8860ce8fc8bc5c481244545d888116e451baeac250c7580d76931"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1567a - Mandatory notification of issuance of military protective order to civilian law enforcement
|
||||
|
||||
## Text
|
||||
|
||||
(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—
|
||||
|
||||
(1) the issuance of the protective order; and
|
||||
|
||||
(2) 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—
|
||||
|
||||
(1) 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—
|
||||
|
||||
(A) the issuance of the protective order; and
|
||||
|
||||
(B) the individuals involved in the order; and
|
||||
|
||||
(2) 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—
|
||||
|
||||
(1) any change made in a protective order covered by subsection (a); and
|
||||
|
||||
(2) the termination of the protective order.
|
||||
|
||||
(Added Pub. L. 110–417, [div. A], title V, § 562(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(17), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 116–92, div. A, title V, § 543(a), Dec. 20, 2019, 133 Stat. 1376.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (a). Pub. L. 116–92, § 543(a)(1), substituted “, 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” for “and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify” in introductory provisions. Subsec. (b). Pub. L. 116–92, § 543(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116–92, § 543(a)(2), (4), redesignated subsec. (b) as (c) and substituted “commander of the unit to which the member is assigned” for “commander of the military installation”. 2009—Pub. L. 111–84 made technical amendment to section catchline.
|
||||
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