US (United States) Code. Title 10. Subtitle A. Part II. Chapter 80: Miscelloneous investigation requirements

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 80 - MISCELLANEOUS INVESTIGATION

REQUIREMENTS AND OTHER DUTIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

.

-HEAD-

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-MISC1-

Sec.

1561. Complaints of sexual harassment: investigation by commanding

officers.

1561a. Civilian orders of protection: force and effect on military

installations.

1562. Database on domestic violence incidents.

1563. Consideration of proposals for posthumous and honorary

promotions and appointments: procedures for review and

recommendation.

1564. Security clearance investigations.

1565. DNA identification information: collection from certain

offenders; use.

1565a. DNA samples maintained for identification of human remains:

use for law enforcement purposes.

1566. Voting assistance: compliance assessments; assistance.

PRIOR PROVISIONS

A prior chapter 80, comprised of sections 1571 to 1577, relating

to Exemplary Rehabilitation Certificates, was repealed by Pub. L.

90-83, Sec. 3(2), Sept. 11, 1967, 81 Stat. 220.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1063(b), Dec. 2,

2002, 116 Stat. 2653, added item 1565a.

Pub. L. 107-311, Sec. 2(b), Dec. 2, 2002, 116 Stat. 2455, added

item 1561a.

2001 - Pub. L. 107-107, div. A, title XVI, Sec. 1602(a)(2), Dec.

28, 2001, 115 Stat. 1276, added item 1566.

2000 - Pub. L. 106-546, Sec. 5(a)(2), Dec. 19, 2000, 114 Stat.

2732, added item 1565.

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 542(b), title X,

Sec. 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, Sec. 594(b), Oct. 5,

1999, 113 Stat. 644, added item 1562.

-CITE-

10 USC Sec. 1561 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1561. Complaints of sexual harassment: investigation by

commanding officers

-STATUTE-

(a) Action on Complaints Alleging Sexual Harassment. - A

commanding officer or officer in charge of a unit, vessel,

facility, or area of the Army, Navy, Air Force, or Marine Corps who

receives from a member of the command or a civilian employee under

the supervision of the officer a complaint alleging sexual

harassment by a member of the armed forces or a civilian employee

of the Department of Defense shall carry out an investigation of

the matter in accordance with this section.

(b) Commencement of Investigation. - To the extent practicable, a

commanding officer or officer in charge receiving such a complaint

shall, within 72 hours after receipt of the complaint -

(1) forward the complaint or a detailed description of the

allegation to the next superior officer in the chain of command

who is authorized to convene a general court-martial;

(2) commence, or cause the commencement of, an investigation of

the complaint; and

(3) advise the complainant of the commencement of the

investigation.

(c) Duration of Investigation. - To the extent practicable, a

commanding officer or officer in charge receiving such a complaint

shall ensure that the investigation of the complaint is completed

not later than 14 days after the date on which the investigation is

commenced.

(d) Report on Investigation. - To the extent practicable, a

commanding officer or officer in charge receiving such a complaint

shall -

(1) submit a final report on the results of the investigation,

including any action taken as a result of the investigation, to

the next superior officer referred to in subsection (b)(1) within

20 days after the date on which the investigation is commenced;

or

(2) submit a report on the progress made in completing the

investigation to the next superior officer referred to in

subsection (b)(1) within 20 days after the date on which the

investigation is commenced and every 14 days thereafter until the

investigation is completed and, upon completion of the

investigation, then submit a final report on the results of the

investigation, including any action taken as a result of the

investigation, to that next superior officer.

(e) Sexual Harassment Defined. - In this section, the term

''sexual harassment'' means any of the following:

(1) Conduct (constituting a form of sex discrimination) that -

(A) involves unwelcome sexual advances, requests for sexual

favors, and deliberate or repeated offensive comments or

gestures of a sexual nature when -

(i) submission to such conduct is made either explicitly or

implicitly a term or condition of a person's job, pay, or

career;

(ii) submission to or rejection of such conduct by a person

is used as a basis for career or employment decisions

affecting that person; or

(iii) such conduct has the purpose or effect of

unreasonably interfering with an individual's work

performance or creates an intimidating, hostile, or offensive

working environment; and

(B) is so severe or pervasive that a reasonable person would

perceive, and the victim does perceive, the work environment as

hostile or offensive.

(2) Any use or condonation, by any person in a supervisory or

command position, of any form of sexual behavior to control,

influence, or affect the career, pay, or job of a member of the

armed forces or a civilian employee of the Department of Defense.

(3) Any deliberate or repeated unwelcome verbal comment or

gesture of a sexual nature in the workplace by any member of the

armed forces or civilian employee of the Department of Defense.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 591(a)(1), Nov. 18,

1997, 111 Stat. 1760.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1571 to 1577, Pub. L. 89-690, Sec. 1, Oct. 15,

1966, 80 Stat. 1016, related to creation of Exemplary

Rehabilitation Certificates to be issued by the Secretary of Labor

to persons discharged or dismissed from the Armed Forces under

conditions other than honorable or to persons who had received a

general discharge but who had established that they had

rehabilitated themselves and established the administrative and

other authority in connection therewith, prior to repeal by Pub. L.

90-83, Sec. 3(2), Sept. 11, 1967, 81 Stat. 220.

SHORT TITLE

Pub. L. 107-311, Sec. 1, Dec. 2, 2002, 116 Stat. 2455, provided

that: ''This Act (enacting section 1561a of this title) may be

cited as the 'Armed Forces Domestic Security Act'.''

REPORTS

Section 591(b) of Pub. L. 105-85 provided that:

''(1) Not later than January 1 of each of 1998 and 1999, each

officer receiving a complaint forwarded in accordance with section

1561(b) of title 10, United States Code, as added by subsection

(a), during the preceding year shall submit to the Secretary of the

military department concerned a report on all such complaints and

the investigations of such complaints (including the results of the

investigations, in cases of investigations completed during such

preceding year).

''(2)(A) Not later than March 1 of each of 1998 and 1999, each

Secretary receiving a report under paragraph (1) for a year shall

submit to the Secretary of Defense a report on all such reports so

received.

''(B) Not later than April 1 following receipt of a report for a

year under subparagraph (A), the Secretary of Defense shall

transmit to Congress all such reports received for the year under

subparagraph (A) together with the Secretary's assessment of each

such report.''

-CITE-

10 USC Sec. 1561a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1561a. Civilian orders of protection: force and effect on

military installations

-STATUTE-

(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.

(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.

(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.

-SOURCE-

(Added Pub. L. 107-311, Sec. 2(a), Dec. 2, 2002, 116 Stat. 2455.)

-CITE-

10 USC Sec. 1562 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1562. Database on domestic violence incidents

-STATUTE-

(a) Database on Domestic Violence Incident. - The Secretary of

Defense shall establish a central database of information on the

incidents of domestic violence involving members of the armed

forces.

(b) Reporting of Information for the Database. - The Secretary

shall require that the Secretaries of the military departments

maintain and report annually to the administrator of the database

established under subsection (a) any information received on the

following matters:

(1) Each domestic violence incident reported to a commander, a

law enforcement authority of the armed forces, or a family

advocacy program of the Department of Defense.

(2) The number of those incidents that involve evidence

determined sufficient for supporting disciplinary action and, for

each such incident, a description of the substantiated allegation

and the action taken by command authorities in the incident.

(3) The number of those incidents that involve evidence

determined insufficient for supporting disciplinary action and

for each such case, a description of the allegation.

-SOURCE-

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

113 Stat. 643.)

-MISC1-

DEFENSE TASK FORCE ON DOMESTIC VIOLENCE

Pub. L. 106-65, div. A, title V, Sec. 591, Oct. 5, 1999, 113

Stat. 639, as amended by Pub. L. 107-107, div. A, title V, Sec.

575, Dec. 28, 2001, 115 Stat. 1123, provided that:

''(a) Establishment. - The Secretary of Defense shall establish a

Department of Defense task force to be known as the Defense Task

Force on Domestic Violence.

''(b) Strategic Plan. - Not later than 12 months after the date

on which all members of the task force have been appointed, the

task force shall submit to the Secretary of Defense a long-term

plan (referred to as a 'strategic plan') for means by which the

Department of Defense may address matters relating to domestic

violence within the military more effectively. The plan shall

include an assessment of, and recommendations for measures to

improve, the following:

''(1) Ongoing victims' safety programs.

''(2) Offender accountability.

''(3) The climate for effective prevention of domestic

violence.

''(4) Coordination and collaboration among all military

organizations with responsibility or jurisdiction with respect to

domestic violence.

''(5) Coordination between military and civilian communities

with respect to domestic violence.

''(6) Research priorities.

''(7) Data collection and case management and tracking.

''(8) Curricula and training for military commanders.

''(9) Prevention and responses to domestic violence at overseas

military installations.

''(10) Other issues identified by the task force relating to

domestic violence within the military.

''(c) Review of Victims' Safety Program. - The task force shall

review the efforts of the Secretary of Defense to establish a

program for improving responses to domestic violence under section

592 (set out as a note below) and shall include in its report under

subsection (e) a description of that program, including best

practices identified on installations, lessons learned, and

resulting policy recommendations.

''(d) Other Task Force Reviews. - The task force shall review and

make recommendations regarding the following:

''(1) Standard guidelines to be used by the Secretaries of the

military departments in negotiating agreements with civilian law

enforcement authorities relating to acts of domestic violence

involving members of the Armed Forces.

''(2) A requirement (A) that when a commanding officer issues

to a member of the Armed Forces under that officer's command an

order that the member not have contact with a specified person

that a written copy of that order be provided within 24 hours

after the issuance of the order to the person with whom the

member is ordered not to have contact, and (B) that there be a

system of recording and tracking such orders.

''(3) Standard guidelines on the factors for commanders to

consider when seeking to substantiate allegations of domestic

violence by a person subject to the Uniform Code of Military

Justice and when determining appropriate action for such

allegations that are so substantiated.

''(4) A standard training program for all commanding officers

in the Armed Forces, including a standard curriculum, on the

handling of domestic violence cases.

''(e) Annual Report. - (1) The task force shall submit to the

Secretary an annual report on its activities and on the activities

of the military departments to respond to domestic violence in the

military.

''(2) The first such report shall be submitted not later than the

date specified in subsection (b) and shall be submitted with the

strategic plan submitted under that subsection. The task force

shall include in that report the following:

''(A) Analysis and oversight of the efforts of the military

departments to respond to domestic violence in the military and a

description of barriers to implementation of improvements in

those efforts.

''(B) A description of the activities and achievements of the

task force.

''(C) A description of successful and unsuccessful programs.

''(D) A description of pending, completed, and recommended

Department of Defense research relating to domestic violence.

''(E) Such recommendations for policy and statutory changes as

the task force considers appropriate.

''(3) Each subsequent annual report shall include the following:

''(A) A detailed discussion of the achievements in responses to

domestic violence in the Armed Forces.

''(B) Pending research on domestic violence.

''(C) Any recommendations for actions to improve the responses

of the Armed Forces to domestic violence in the Armed Forces that

the task force considers appropriate.

''(4) Within 90 days of receipt of a report under paragraph (2)

or (3), the Secretary shall submit the report and the Secretary's

evaluation of the report to the Committees on Armed Services of the

Senate and House of Representatives. The Secretary shall include

with the report the information collected pursuant to section

1562(b) of title 10, United States Code, as added by section 594.

''(f) Membership. - (1) The task force shall consist of not more

than 24 members, to be appointed by the Secretary of Defense.

Members shall be appointed from each of the Army, Navy, Air Force,

and Marine Corps and shall include an equal number of Department of

Defense personnel (military or civilian) and persons from outside

the Department of Defense. Members appointed from outside the

Department of Defense may be appointed from other Federal

departments and agencies, from State and local agencies, or from

the private sector.

''(2) The Secretary shall ensure that the membership of the task

force includes a judge advocate representative from each of the

Army, Navy, Air Force, and Marine Corps.

''(3)(A) In consultation with the Attorney General, the Secretary

shall appoint to the task force a representative or representatives

from the Office of Justice Programs of the Department of Justice.

''(B) In consultation with the Secretary of Health and Human

Services, the Secretary shall appoint to the task force a

representative from the Family Violence Prevention and Services

office of the Department of Health and Human Services.

''(4) Each member of the task force appointed from outside the

Department of Defense shall be an individual who has demonstrated

expertise in the area of domestic violence or shall be appointed

from one of the following:

''(A) A national domestic violence resource center established

under section 308 of the Family Violence Prevention and Services

Act (42 U.S.C. 10407).

''(B) A national sexual assault and domestic violence policy

and advocacy organization.

''(C) A State domestic violence and sexual assault coalition.

''(D) A civilian law enforcement agency.

''(E) A national judicial policy organization.

''(F) A State judicial authority.

''(G) A national crime victim policy organization.

''(5) The members of the task force shall be appointed not later

than 90 days after the date of the enactment of this Act (Oct. 5,

1999).

''(g) Co-Chairs of the Task Force. - There shall be two co-chairs

of the task force. One of the co-chairs shall be designated by the

Secretary of Defense at the time of appointment from among the

Department of Defense personnel on the task force. The other

co-chair shall be selected from among the members appointed from

outside the Department of Defense by those members.

''(h) Administrative Support. - (1) Each member of the task force

who is a member of the Armed Forces or civilian officer or employee

of the United States shall serve without compensation (other than

the compensation to which entitled as a member of the Armed Forces

or an officer or employee of the United States, as the case may

be). Other members of the task force shall be appointed in

accordance with, and subject to, section 3161 of title 5, United

States Code.

''(2) The Assistant Secretary of Defense for Force Management

Policy, under the direction of the Under Secretary of Defense for

Personnel and Readiness, shall provide oversight of the task

force. The Washington Headquarters Service shall provide the task

force with the personnel, facilities, and other administrative

support that is necessary for the performance of the task force's

duties.

''(3) The Assistant Secretary shall coordinate with the

Secretaries of the military departments to provide visits of the

task force to military installations.

''(i) Federal Advisory Committee Act. - The Federal Advisory

Committee Act (5 U.S.C. App) shall not apply to the task force.

''(j) Termination. - The task force shall terminate on April 24,

2003.''

INCENTIVE PROGRAM FOR IMPROVING RESPONSES TO DOMESTIC VIOLENCE

INVOLVING MEMBERS OF THE ARMED FORCES AND MILITARY FAMILY MEMBERS

Pub. L. 106-65, div. A, title V, Sec. 592, Oct. 5, 1999, 113

Stat. 642, provided that:

''(a) Purpose. - The purpose of this section is to provide a

program for the establishment on military installations of

collaborative projects involving appropriate elements of the Armed

Forces and the civilian community to improve, strengthen, or

coordinate prevention and response efforts to domestic violence

involving members of the Armed Forces, military family members, and

others.

''(b) Program. - The Secretary of Defense shall establish a

program to provide funds and other incentives to commanders of

military installations for the following purposes:

''(1) To improve coordination between military and civilian law

enforcement authorities in policies, training, and responses to,

and tracking of, cases involving military domestic violence.

''(2) To develop, implement, and coordinate with appropriate

civilian authorities tracking systems (A) for protective orders

issued to or on behalf of members of the Armed Forces by civilian

courts, and (B) for orders issued by military commanders to

members of the Armed Forces ordering them not to have contact

with a dependent.

''(3) To strengthen the capacity of attorneys and other legal

advocates to respond appropriately to victims of military

domestic violence.

''(4) To assist in educating judges, prosecutors, and legal

offices in improved handling of military domestic violence cases.

''(5) To develop and implement more effective policies,

protocols, orders, and services specifically devoted to

preventing, identifying, and responding to domestic violence.

''(6) To develop, enlarge, or strengthen victims' services

programs, including sexual assault and domestic violence

programs, developing or improving delivery of victims' services,

and providing confidential access to specialized victims'

advocates.

''(7) To develop and implement primary prevention programs.

''(8) To improve the response of health care providers to

incidents of domestic violence, including the development and

implementation of screening protocols.

''(c) Priority. - The Secretary shall give priority in providing

funds and other incentives under the program to installations at

which the local program will emphasize building or strengthening

partnerships and collaboration among military organizations such as

family advocacy program, military police or provost marshal

organizations, judge advocate organizations, legal offices, health

affairs offices, and other installation-level military commands

between those organizations and appropriate civilian organizations,

including civilian law enforcement, domestic violence advocacy

organizations, and domestic violence shelters.

''(d) Applications. - The Secretary shall establish guidelines

for applications for an award of funds under the program to carry

out the program at an installation.

''(e) Awards. - The Secretary shall determine the award of funds

and incentives under this section. In making a determination of

the installations to which funds or other incentives are to be

provided under the program, the Secretary shall consult with an

award review committee consisting of representatives from the Armed

Forces, the Department of Justice, the Department of Health and

Human Services, and organizations with a demonstrated expertise in

the areas of domestic violence and victims' safety.''

UNIFORM DEPARTMENT OF DEFENSE POLICIES FOR RESPONSES TO DOMESTIC

VIOLENCE

Pub. L. 106-65, div. A, title V, Sec. 593, Oct. 5, 1999, 113

Stat. 643, provided that:

''(a) Requirement. - The Secretary of Defense shall prescribe the

following:

''(1) Standard guidelines to be used by the Secretaries of the

military departments for negotiating agreements with civilian law

enforcement authorities relating to acts of domestic violence

involving members of the Armed Forces.

''(2) A requirement (A) that when a commanding officer issues

to a member of the Armed Forces under that officer's command an

order that the member not have contact with a specified person

that a written copy of that order be provided within 24 hours

after the issuance of the order to the person with whom the

member is ordered not to have contact, and (B) that there be a

system of recording and tracking such orders.

''(3) Standard guidelines on the factors for commanders to

consider when seeking to substantiate allegations of domestic

violence by a person subject to the Uniform Code of Military

Justice and when determining appropriate action for such

allegations that are so substantiated.

''(4) A standard training program for all commanding officers

in the Armed Forces, including a standard curriculum, on the

handling of domestic violence cases.

''(b) Deadline. - The Secretary of Defense shall carry out

subsection (a) not later than six months after the date on which

the Secretary receives the first report of the Defense Task Force

on Domestic Violence under section 591(e) (set out as a note

above).''

-CITE-

10 USC Sec. 1563 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1563. Consideration of proposals for posthumous and honorary

promotions and appointments: procedures for review and

recommendation

-STATUTE-

(a) Review by Secretary Concerned. - Upon request of a Member of

Congress, the Secretary concerned shall review a proposal for the

posthumous or honorary promotion or appointment of a member or

former member of the armed forces, or any other person considered

qualified, that is not otherwise authorized by law. Based upon

such review, the Secretary shall make a determination as to the

merits of approving the posthumous or honorary promotion or

appointment and the other determinations necessary to comply with

subsection (b).

(b) Notice of Results of Review. - Upon making a determination

under subsection (a) as to the merits of approving the posthumous

or honorary promotion or appointment, 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 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.

(c) 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.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 542(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-114.)

-CITE-

10 USC Sec. 1564 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1564. Security clearance investigations

-STATUTE-

(a) Expedited Process. - The Secretary of Defense shall prescribe

a process for expediting the completion of the background

investigations necessary for granting security clearances for

Department of Defense personnel and Department of Defense

contractor personnel who are engaged in sensitive duties that are

critical to the national security.

(b) Required Features. - The process developed under subsection

(a) shall provide for the following:

(1) Quantification of the requirements for background

investigations necessary for grants of security clearances for

Department of Defense personnel and Department of Defense

contractor personnel.

(2) Categorization of personnel on the basis of the degree of

sensitivity of their duties and the extent to which those duties

are critical to the national security.

(3) Prioritization of the processing of background

investigations on the basis of the categories of personnel

determined under paragraph (2).

(c) Annual Review. - The Secretary shall conduct an annual review

of the process prescribed under subsection (a) and shall revise

that process as determined necessary in relation to ongoing

Department of Defense missions.

(d) Consultation Requirement. - The Secretary shall consult with

the Secretaries of the military departments and the heads of

Defense Agencies in carrying out this section.

(e) Sensitive Duties. - For the purposes of this section, it is

not necessary for the performance of duties to involve classified

activities or classified matters in order for the duties to be

considered sensitive and critical to the national security.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1072(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-276.)

-MISC1-

DEADLINE FOR PRESCRIBING PROCESS FOR PRIORITIZING BACKGROUND

INVESTIGATIONS FOR SECURITY CLEARANCES

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1072(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-277, provided that: ''The process

required by section 1564(a) of title 10, United States Code, as

added by subsection (a), for expediting the completion of the

background investigations necessary for granting security

clearances for certain persons shall be prescribed not later than

January 1, 2001.''

-CITE-

10 USC Sec. 1565 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1565. DNA identification information: collection from certain

offenders; use

-STATUTE-

(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. - (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.

(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.

-SOURCE-

(Added Pub. L. 106-546, Sec. 5(a)(1), Dec. 19, 2000, 114 Stat.

2731; amended Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov.

25, 2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3 and 4 of the DNA Analysis Backlog Elimination Act of

2000, referred to in subsecs. (a)(2), (d)(2), and (e)(2), are

classified to sections 14135a and 14135b, respectively, of Title

42, The Public Health and Welfare.

The Uniform Code of Military Justice, referred to in subsec. (d),

is classified to chapter 47 (Sec. 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 14132 of Title 42.

-MISC2-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 OFFENSES

Pub. L. 106-546, Sec. 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 COLLECTION

Pub. L. 106-546, Sec. 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1565a of this title; title

18 section 4209; title 42 sections 14132, 14135a, 14135c.

-CITE-

10 USC Sec. 1565a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1565a. DNA samples maintained for identification of human

remains: use for law enforcement purposes

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1063(a), Dec. 2,

2002, 116 Stat. 2653.)

-CITE-

10 USC Sec. 1566 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 80 - MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER

DUTIES

-HEAD-

Sec. 1566. Voting assistance: compliance assessments; assistance

-STATUTE-

(a) Regulations. - The Secretary of Defense shall prescribe

regulations to require that the Army, Navy, Air Force, and Marine

Corps 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.); and

(2) any similar program.

(c) Annual Effectiveness and Compliance Reviews. - (1) The

Inspector General of each of the Army, Navy, Air Force, and Marine

Corps 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, and Marine Corps.

(d) Inspector General Assessments. - (1) The Inspector General of

the Department of Defense shall periodically conduct at Department

of Defense installations unannounced assessments of the compliance

at those installations with -

(A) the requirements of the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff et seq.);

(B) Department of Defense regulations regarding that Act and

the Federal Voting Assistance Program carried out under that Act;

and

(C) other requirements of law regarding voting by members of

the armed forces.

(2) The Inspector General shall conduct an assessment under

paragraph (1) at not less than 10 Department of Defense

installations each calendar year.

(3) Each assessment under paragraph (1) shall include a review of

such compliance -

(A) within units to which are assigned, in the aggregate, not

less than 20 percent of the personnel assigned to duty at that

installation;

(B) within a representative survey of members of the armed

forces assigned to that installation and their dependents; and

(C) within unit voting assistance officers to measure program

effectiveness.

(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.) 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. 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.

(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.

-SOURCE-

(Added Pub. L. 107-107, div. A, title XVI, Sec. 1602(a)(1), Dec.

28, 2001, 115 Stat. 1274; amended Pub. L. 107-252, title VII, Sec.

701, Oct. 29, 2002, 116 Stat. 1722.)

-REFTEXT-

REFERENCES IN TEXT

The Uniformed and Overseas Citizens Absentee Voting Act, referred

to in subsecs. (b)(1), (d)(1)(A), (B), (e), and (i)(2), is Pub. L.

99-410, Aug. 28, 1986, 100 Stat. 924, as amended, which is

classified principally to subchapter I-G (Sec. 1973ff et seq.) of

chapter 20 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title of 1986

Amendment note set out under section 1971 of Title 42 and Tables.

The date of the enactment of the Help America Vote Act of 2002,

referred to in subsec. (g)(2), is the date of enactment of Pub. L.

107-252, which was approved Oct. 29, 2002.

-MISC2-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-252, Sec. 701(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (g)(2). Pub. L. 107-252, Sec. 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, Sec. 701(c), added subsec. (h).

Subsec. (i). Pub. L. 107-252, Sec. 701(d), added subsec. (i).

INITIAL REPORT

Pub. L. 107-107, div. A, title XVI, Sec. 1602(b), Dec. 28, 2001,

115 Stat. 1276, provided that: ''The first report under section

1566(c)(3) of title 10, United States Code, as added by subsection

(a), shall be submitted not later than March 31, 2003.''

-CITE-