CHAPTER 80-MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES

        

Editorial Notes

Prior Provisions

A prior chapter 80, comprised of sections 1571 to 1577, relating to Exemplary Rehabilitation Certificates, was repealed by Pub. L. 90–83, §3(2), Sept. 11, 1967, 81 Stat. 220 .

Amendments

2021- Pub. L. 117–81, div. A, title V, §§543(b), 544(b), Dec. 27, 2021, 135 Stat. 1710 , 1711, added items 1561 and 1562a and struck out former item 1561 "Complaints of sexual harassment: investigation by commanding officers".

Pub. L. 116–283, div. A, title V, §§523(c), 532(a)(2), Jan. 1, 2021, 134 Stat. 3599 , 3602, added items 1561b, 1563, and 1563a and struck out former item 1563 "Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review". Item 1561b was added after item 1561a to reflect the probable intent of Congress, notwithstanding directory language adding it after item 1561b.

2018- Pub. L. 115–232, div. A, title XVI, §1622(b), Aug. 13, 2018, 132 Stat. 2118 , added item 1564b.

2011- Pub. L. 112–81, div. A, title V, §581(b)(2), Dec. 31, 2011, 125 Stat. 1431 , added item 1565b.

2009- Pub. L. 111–84, div. A, title V, §583(b)(2), Oct. 28, 2009, 123 Stat. 2330 , added item 1566a.

2008- Pub. L. 110–417, [div. A], title V, §§561(b), 562(b), Oct. 14, 2008, 122 Stat. 4470 , added items 1567 and 1567a.

2003- Pub. L. 108–136, div. A, title X, §§1031(a)(11)(B), 1041(a)(2), Nov. 24, 2003, 117 Stat. 1597 , 1608, struck out "and recommendation" after "review" in item 1563 and added item 1564a.

2002- Pub. L. 107–314, div. A, title X, §1063(b), Dec. 2, 2002, 116 Stat. 2653 , added item 1565a.

Pub. L. 107–311, §2(b), Dec. 2, 2002, 116 Stat. 2455 , added item 1561a.

2001- Pub. L. 107–107, div. A, title XVI, §1602(a)(2), Dec. 28, 2001, 115 Stat. 1276 , added item 1566.

2000- Pub. L. 106–546, §5(a)(2), Dec. 19, 2000, 114 Stat. 2732 , added item 1565.

Pub. L. 106–398, §1 [[div. A], title V, §542(b), title X, §1072(b)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-115, 1654A-277, added items 1563 and 1564.

1999- Pub. L. 106–65, div. A, title V, §594(b), Oct. 5, 1999, 113 Stat. 644 , added item 1562.

Statutory Notes and Related Subsidiaries

Establishment of Procedure of the Department of Defense To Determine Certain Complaints or Requests Regarding Public Displays or Public Expressions of Religion on Property of the Department

Pub. L. 118–31, div. A, title X, §1049, Dec. 22, 2023, 137 Stat. 393 , provided that:

"(a) Establishment.-Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall prescribe regulations that establish the procedure for the timely determination of a covered complaint or request regarding a public display or public expression of religion on property of the Department of Defense. Such regulations shall ensure that-

"(1) the officer or official of the Department who receives such complaint or request forwards the covered complaint or request-

"(A) to the individual authorized to make a determination under subsection (b); and

"(B) not later than 10 days after such receipt; and

"(2) such individual-

"(A) makes such determination not later than 30 days after such individual receives such forwarded covered complaint or request; and

"(B) timely notifies the individual or entity who made such covered complaint or request, and the officer or official of the Department who received such covered complaint or request, of such determination.

"(b) Determinations.-A determination under regulations prescribed under subsection (a) shall be made-

"(1) by-

"(A) the Secretary of the military department concerned; or

"(B) the head of the Defense Agency or Department of Defense Field Activity concerned; and

"(2) after consultation with-

"(A)(i) in the case of a determination made by the Secretary of the military department concerned, the Chief of Chaplains of the military department concerned; or

"(ii) in the case of a determination made by the head of the Defense Agency or Department of Defense Field Activity concerned, the Armed Forces Chaplains Board; and

"(B)(i) a civilian attorney under the jurisdiction the Secretary of the military department concerned or the head of the Defense Agency or Department of Defense Field Activity concerned; or

"(ii) an officer of the Judge Advocate General's Corps.

"(c) Covered Complaint or Request Defined.-In this section, the term 'covered complaint or request' means a complaint or request-

"(1) regarding a public display or public expression of religion on property of the Department of Defense; and

"(2) made by an individual or entity other than-

"(A) a member of the Armed Forces;

"(B) a civilian employee of the Department of Defense; or

"(C) a contractor of the Department of Defense."

Annual Primary Prevention Research Agenda

Pub. L. 117–81, div. A, title V, §549A, Dec. 27, 2021, 135 Stat. 1721 , as amended by Pub. L. 117–263, div. A, title V, §547(a), Dec. 23, 2022, 136 Stat. 2585 , provided that:

"(a) In General.-Beginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse.

"(b) Elements.-Each annual primary prevention research agenda published under subsection (a) shall-

"(1) identify research priorities for that fiscal year;

"(2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate;

"(3) allocate or direct the allocation of appropriate resourcing for each such project and task; and

"(4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to-

"(A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task;

"(B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and

"(C) any other matter determined by the Secretary of Defense.

"(c) Guiding Principles.-The primary prevention research agenda should, as determined by the Secretary of Defense-

"(1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense;

"(2) include a focus on whether and to what extent sub-populations of the military community may be targeted for interpersonal violence more than others;

"(3) seek to identify factors that influence the prevention, perpetration, and victimization of interpersonal and self-directed violence;

"(4) seek to improve the collection and dissemination of data on hazing and bullying related to interpersonal and self-directed violence;

"(5) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence;

"(6) incorporate collaboration with other Federal departments and agencies, including the Department of Health and Human Services and the Centers for Disease Control and Prevention, State governments, academia, industry, federally funded research and development centers, nonprofit organizations, and other organizations outside of the Department of Defense, including civilian institutions that conduct similar data-driven studies, collection, and analysis; and

"(7) minimize unnecessary duplication of effort.

"(d) Budgeting.-The Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda."

Multidisciplinary Board To Evaluate Suicide Events

Pub. L. 116–283, div. A, title V, §549A, Jan. 1, 2021, 134 Stat. 3620 , provided that:

"(a) Guidance Required.-The Secretary of Defense shall issue guidance that requires each suicide event involving of a member of a covered Armed Force to be reviewed by a multidisciplinary board established at the command or installation level, or by the Chief of the covered Armed Force. Such guidance shall require that, for each suicide event reviewed by such a board, the board shall-

"(1) clearly define the objective, purpose, and outcome of the review;

"(2) take a multidisciplinary approach to the review and include, as part of the review process, leaders of military units, medical and mental health professionals, and representatives of military criminal investigative organizations; and

"(3) take appropriate steps to protect and share information obtained from ongoing investigations into the event (such as medical and law enforcement reports).

"(b) Implementation by Covered Armed Forces.-Not later than 90 days after the date on which the guidance is issued under subsection (a), the Chiefs of the covered Armed Forces shall implement the guidance.

"(c) Progress Report.-Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the progress of the Secretary in implementing the guidance required under subsection (a).

"(d) Covered Armed Forces Defined.-In this section, the term 'covered Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Space Force."

Increase in Number of Digital Forensic Examiners for Certain Military Criminal Investigative Organizations

Pub. L. 116–92, div. A, title V, §539, Dec. 20, 2019, 133 Stat. 1364 , provided that:

"(a) In General.-Each Secretary of a military department shall take appropriate actions to increase the number of digital forensic examiners in each military criminal investigative organization specified in subsection (b) under the jurisdiction of such Secretary by not fewer than 10 from the authorized number of such examiners for such organization as of September 30, 2019.

"(b) Military Criminal Investigative Organizations.-The military criminal investigative organizations specified in this subsection are the following:

"(1) The Army Criminal Investigation Command.

"(2) The Naval Criminal Investigative Service.

"(3) The Air Force Office of Special Investigations.

"(c) Funding.-Funds for additional digital forensic examiners as required by subsection (a) for fiscal year 2020, including for compensation, initial training, and equipment, shall be derived from amounts authorized to be appropriated for that fiscal year for the Armed Force concerned for operation and maintenance."

Increase in Investigative Personnel and Victim Witness Assistance Program Liaisons

Pub. L. 116–92, div. A, title V, §540, Dec. 20, 2019, 133 Stat. 1364 , provided that:

"(a) Military Criminal Investigative Services.-Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of each military department shall increase the number of personnel assigned to the military criminal investigative services of the department with the goal of ensuring, to the extent practicable, that the investigation of any sex-related offense is completed not later than six months after the date on which the investigation is initiated. An investigation shall be considered completed for purposes of the preceding sentence when the active phase of the investigation is sufficiently complete to enable the appropriate authority to reach a decision with respect to the disposition of charges for the sex-related offense.

"(b) Victim Witness Assistance Program Liaisons.-Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel serving as Victim Witness Assistance Program liaisons to address personnel shortages in the Victim Witness Assistance Program.

"(c) Rule of Construction.-Nothing in this section shall be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person."

Enhancing the Capability of Military Criminal Investigative Organizations To Prevent and Combat Child Sexual Exploitation

Pub. L. 116–92, div. A, title V, §550D, Dec. 20, 2019, 133 Stat. 1383 , as amended by Pub. L. 118–31, div. A, title V, §534, Dec. 22, 2023, 137 Stat. 262 , provided that:

"(a) In General.-Beginning not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall establish and carry out an initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation.

"(b) Activities.-In establishing and carrying out the initiative under subsection (a), the Secretary of Defense may-

"(1) work with internal and external functional experts to train the personnel of military criminal investigative organizations across the Department regarding-

"(A) technologies, tools, and techniques, including digital forensics, to enhance the investigation of child sexual exploitation; and

"(B) evidence-based forensic interviewing of child victims, and the referral of child victims for trauma-informed mental and medical health care, and other treatment and support services;

"(2) to the extent authorized by law, collaborate with Federal, State, local, and other civilian law enforcement agencies on issues relating to child sexual exploitation, including by-

"(A) participating in task forces established by such agencies for the purpose of preventing and combating child sexual exploitation;

"(B) establishing cooperative agreements to facilitate co-training and collaboration with such agencies; and

"(C) ensuring that streamlined processes for the referral of child sexual exploitation cases to other agencies and jurisdictions, as appropriate, are fully operational;

"(3) as appropriate, assist in educating the military community on the prevention and response to child sexual exploitation; and

"(4) carry out such other activities as the Secretary determines to be relevant.

"(c) Additional Requirements.-As part of the initiative under subsection (a), the Secretary of Defense shall carry out the following activities:

"(1) Annual report.-Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 [Dec. 22, 2023], an on an annual basis thereafter through 2029, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the initiative, which shall include a description of specific actions that have been taken, or that are planned to be taken, to detect, combat, and stop the use of the Department of Defense information technology network to further online child sexual exploitation.

"(2) Partnerships.-The Secretary shall seek to enter into partnerships and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate, and prosecute individuals engaged in online child sexual exploitation.

"(3) Mandatory training.-The Secretary shall establish mandatory training for criminal investigative organizations of the Department of Defense and other appropriate personnel at military installations to ensure that the capability and capacity to investigate child sexual exploitation is continuously maintained regardless of staff turnover and relocations."

Multidisciplinary Teams for Military Installations on Child Abuse and Other Domestic Violence

Pub. L. 115–232, div. A, title V, §577, Aug. 13, 2018, 132 Stat. 1781 , provided that:

"(a) Multidisciplinary Teams Required.-

"(1) In general.-Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisciplinary teams on child abuse and other domestic violence for the purposes specified in subsection (b).

"(2) Single team for proximate installations.-A single multidisciplinary team described in paragraph (1) may be established and maintained under this subsection for two or more military installations in proximity with one another if the Secretary concerned determines, in consultation with the Secretary of Defense, that a single team for such installations suffices to carry out the purposes of such teams under subsection (b) for such installations.

"(b) Purposes.-The purposes of each multidisciplinary team maintained pursuant to subsection (a) shall be as follows:

"(1) To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installations.

"(2) To provide for and enhance collaborative efforts among such team and other appropriate personnel of the installation or installations regarding investigations into and resolutions of such incidents.

"(3) To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents.

"(4) To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appropriate for such purposes.

"(c) Personnel.-

"(1) In general.-Each multidisciplinary team maintained pursuant to subsection (a) shall be composed of the following:

"(A) One or more judge advocates.

"(B) Appropriate personnel of one or more military criminal investigation services.

"(C) Appropriate mental health professionals.

"(D) Appropriate medical personnel.

"(E) Family advocacy case workers.

"(F) Such other personnel as the Secretary or Secretaries concerned consider appropriate.

"(2) Expertise and training.-Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims' crimes, including child abuse and other domestic violence.

"(d) Coordination and Collaboration With Non-military Resources.-

"(1) Use of community resources serving installations.-In providing under this section for a multidisciplinary team for a military installation or installations that benefit from services or resources on child abuse or other domestic violence that are provided by civilian entities in the vicinity of the installation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in providing for the composition and duties of the team.

"(2) Best practices.-The Secretaries concerned shall take appropriate actions to ensure that multidisciplinary teams maintained pursuant to subsection (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents.

"(3) Collaboration.-In providing for the enhancement of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with appropriate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families.

"(e) Annual Reports.-Not later than March 1 of each year from 2020 through 2022, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the jurisdiction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following:

"(1) A summary description of the activities of the multidisciplinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achievements of such teams.

"(2) A description of any impediments to the effectiveness of such teams.

"(3) Such recommendations for legislative or administrative action as such Secretary considers appropriate in order to improve the effectiveness of such teams.

"(4) Such other matters with respect to such teams as such Secretary considers appropriate.

"(f) Secretary Concerned.-

"(1) Definition.-In this section, the term 'Secretary concerned' has the meaning given that term in section 101(a)(9) of title 10, United States Code.

"(2) Usage with respect to multiple installations.-For purposes of this section, any reference to 'Secretary concerned' with respect to a single multidisciplinary team established and maintained pursuant to subsection (a) for two or more military installations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly."