[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7789 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7789

To amend title 10, United States Code, to authorize military judges and 
military magistrates to issue military court protective orders, and to 
 direct the Secretary of Defense to establish a military-civilian task 
     force on domestic violence and related information collection 
                              activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2020

  Ms. Speier (for herself and Mr. Connolly) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to authorize military judges and 
military magistrates to issue military court protective orders, and to 
 direct the Secretary of Defense to establish a military-civilian task 
     force on domestic violence and related information collection 
                              activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY OF MILITARY JUDGES AND MILITARY MAGISTRATES TO 
              ISSUE MILITARY COURT PROTECTIVE ORDERS.

    (a) Judge-Issued Military Court Protective Orders.--Chapter 80 of 
title 10, United States Code, is amended by adding at the end the 
following new section.
``Sec. 1567b. Authority of military judges and military magistrates to 
              issue military court protective orders
    ``(a) Authority To Issue Military Court Protective Orders.--The 
President shall prescribe regulations authorizing military judges and 
military magistrates to issue protective orders in accordance with this 
section. A protective order issued in accordance with this section 
shall be known as a `military court protective order'. Under the 
regulations prescribed by the President, military judges and military 
magistrates shall have exclusive jurisdiction over the issuance, 
appeal, renewal, and termination of military court protective orders 
and such orders may not be issued, appealed, renewed, or terminated by 
State, local, territorial, or tribal courts.
    ``(b) Enforcement by Civilian Authorities.--
            ``(1) In general.--In prescribing regulations for military 
        court protective orders, the President shall seek to ensure 
        that the protective orders are issued in a form and manner that 
        is enforceable by State, local, territorial, and tribal 
        civilian law enforcement authorities.
            ``(2) Full faith and credit.--Any military court protective 
        order, should be accorded full faith and credit by the court of 
        a State, local, territorial, or tribal jurisdiction (the 
        enforcing jurisdiction) and enforced by the court and law 
        enforcement personnel of that jurisdiction as if it were the 
        order of the enforcing jurisdiction.
            ``(3) Reciprocity agreements.--Consistent with paragraphs 
        (1) and (2), the Secretary of Defense shall seek to enter into 
        reciprocity agreements with State, local, territorial, and 
        tribal civilian law enforcement authorities under which--
                    ``(A) such authorities agree to enforce military 
                court protective orders; and
                    ``(B) the Secretary agrees to enforce protective 
                orders issued by such authorities that are consistent 
                with section 2265(b) of title 18.
    ``(c) Purpose and Form of Issuance.--A military court protective 
order may be issued for the purpose of protecting a victim of an 
alleged sex or domestic violence offense, or a family member or 
associate of the victim, from a person subject to chapter 47 of this 
title (the Uniform Code of Military Justice) who is alleged to have 
committed such an offense.
    ``(d) Timing and Manner of Issuance.--A military court protective 
order may be issued--
            ``(1) by a military magistrate, before referral of charges 
        and specifications to court-martial for trial, at the request 
        of--
                    ``(A) a victim of an alleged sex or domestic 
                violence offense; or
                    ``(B) a Special Victims' Counsel or other qualified 
                counsel acting on behalf of the victim; or
            ``(2) by a military judge, after referral of charges and 
        specifications to court-martial for trial, at the request of 
        qualified counsel, which may include a Special Victims' Counsel 
        acting on behalf of the victim or trial counsel acting on 
        behalf of the prosecution.
    ``(e) Duration and Renewal of Protective Order.--
            ``(1) Duration.--A military court protective order shall be 
        issued for an initial period of thirty days and may be reissued 
        for one or more additional periods of thirty days in accordance 
        with paragraph (2).
            ``(2) Expiration and renewal.--Before the expiration of any 
        30-day period during which a military court protective order is 
        in effect, a military judge or military magistrate shall review 
        the order to determine whether the order will terminate at the 
        expiration of such period or be reissued for an additional 
        period of 30 days.
            ``(3) Notice to protected persons.--If a military judge or 
        military magistrate determines under paragraph (2) that a 
        military court protective order will terminate, the judge or 
        magistrate concerned shall provide to each person protected by 
        the order reasonable, timely, and accurate notification of the 
        termination.
    ``(f) Review of Magistrate-Issued Orders.--
            ``(1) Review.--A military judge, at the request of the 
        person subject to a military court protective order that was 
        issued by a military magistrate, may review the order to 
        determine if the order was properly issued by the magistrate.
            ``(2) Standards of review.--A military judge who reviews an 
        order under paragraph (1) shall terminate the order if the 
        judge determines that--
                    ``(A) the military magistrate's decision to issue 
                the order was an abuse of discretion, and there is not 
                sufficient information presented to the military judge 
                to justify the order; or
                    ``(B) information not presented to the military 
                magistrate establishes that the military court 
                protective order should be terminated.
    ``(g) Due Process.--
            ``(1) Protection of due process.--Except as provided in 
        paragraph (2), a protective order authorized under subsection 
        (a) may be issued only after reasonable notice and opportunity 
        to be heard, directly or through counsel, is given to the 
        person against whom the order is sought sufficient to protect 
        that person's right to due process.
            ``(2) Emergency orders.--A protective order on an emergency 
        basis may be issued on an ex parte basis under such rules and 
        limitations as the President shall prescribe. In the case of ex 
        parte orders, notice and opportunity to be heard must be 
        provided within a reasonable time after the order is issued, 
        sufficient to protect the respondent's due process rights.
    ``(h) Rights of Victim.--The victim of an alleged sex or domestic 
violence offense who seeks a military court protective order has, in 
addition to any rights provided under section 806b (article 6b), the 
following rights with respect to any proceeding involving the 
protective order:
            ``(1) The right to reasonable, accurate, and timely notice 
        of the proceeding and of any change in the status of the 
        protective order resulting from the proceeding.
            ``(2) The right to be reasonably heard at the proceeding.
            ``(3) The right to appear in person, with or without 
        counsel, at the proceeding.
            ``(4) The right be represented by qualified counsel in 
        connection with the proceeding, which may include a Special 
        Victims' Counsel.
            ``(5) The reasonable right to confer with a representative 
        of the command of the accused and counsel representing the 
        government at the proceeding, as applicable.
            ``(6) The right to submit a written statement, directly or 
        through counsel, for consideration by the military judge or 
        military magistrate presiding over the proceeding.
    ``(i) Restrictions on Access to Firearms.--
            ``(1) In general.--Notwithstanding any other provision of 
        law--
                    ``(A) a military court protective order issued on 
                an ex parte basis shall restrain a person from 
                possessing, receiving, or otherwise accessing a 
                firearm; and
                    ``(B) a military court protective order issued 
                after the person to be subject to the order has 
                received notice and opportunity to be heard on the 
                order, shall restrain such person from possessing, 
                receiving, or otherwise accessing a firearm in 
                accordance with section 922 of title 18.
            ``(2) Notice to attorney general.--Not later than 72 hours 
        after the issuance of an order described in paragraph (1), the 
        Secretary of Defense shall submit to the Attorney General a 
        record of the order.
    ``(j) Treatment as Lawful Order.--A military court protective order 
shall be treated as a lawful order for purposes of the application of 
section 892 (article 92) and a violation of such an order shall be 
punishable under such section (article).
    ``(k) Command Matters.--
            ``(1) Inclusion in personnel file.--Any military court 
        protective order against a member shall be placed and retained 
        in the military personnel file of the member.
            ``(2) Notice to civilian law enforcement of issuance.--Any 
        military court protective order against a member shall be 
        treated as a military protective order for purposes of section 
        1567a including for purposes of mandatory notification of 
        issuance to civilian law enforcement as required by that 
        section.
    ``(l) Relationship to Other Authorities.--Nothing in this section 
may be construed as prohibiting--
            ``(1) a commanding officer from issuing or enforcing any 
        otherwise lawful order in the nature of a protective order to 
        or against members of the officer's command;
            ``(2) pretrial restraint in accordance with Rule for 
        Courts-Martial 304 (as set forth in the Manual for Courts-
        Martial, 2019 edition, or any successor rule); or
            ``(3) pretrial confinement in accordance with Rule for 
        Courts-Martial 305 (as set forth in the Manual for Courts-
        Martial, 2019 edition, or any successor rule).
    ``(m) Delivery to Certain Persons.--A physical and electronic copy 
of any military court protective order shall be provided, as soon as 
practicable after issuance, to the following:
            ``(1) The person or persons protected by the protective 
        order or to the guardian of such a person if such person is 
        under the age of 18 years.
            ``(2) The person subject to the protective order.
            ``(3) To such commanding officer in the chain of command of 
        the person subject to the protective order as the President 
        shall prescribe for purposes of this section.
    ``(n) Definitions.--In this section:
            ``(1) Contact.--The term `contact' includes contact in 
        person or through a third party, or through gifts.
            ``(2) Communication.--The term `communication' includes 
        communication in person or through a third party, and by 
        telephone or in writing by letter, data fax, or other 
        electronic means.
            ``(3) Covered sex or domestic violence offense.--The term 
        `covered sex or domestic violence offense' means--
                    ``(A) an alleged sex-related offense (as defined in 
                section 1044e(h)); or
                    ``(B) an alleged offense of domestic violence under 
                section 928b of this title (article 128b of the Uniform 
                Code of Military Justice) or an attempt to commit such 
                an offense that is punishable under section 880 of this 
                title (article 80 of the Uniform Code of Military 
                Justice).
            ``(4) Military judge and military magistrate.--The terms 
        `military judge' and `military magistrate' mean a commissioned 
        officer of the armed forces who is a member of the bar of a 
        Federal court or a member of the bar of the highest court of a 
        State and who is certified to be qualified, by reason of 
        education, training, experience, and judicial temperament, for 
        duty as a military judge or magistrate by the Judge Advocate 
        General of the armed force of which the officer is a member.
            ``(5) Protective order.--The term `protective order' means 
        an order that--
                    ``(A) restrains a person from harassing, stalking, 
                threatening, or otherwise contacting or communicating 
                with a victim of an alleged sex or domestic violence 
                offense, or a family member or associate of the victim, 
                or engaging in other conduct that would place such 
                other person in reasonable fear of bodily injury to any 
                such other person; and
                    ``(B) by its terms, explicitly prohibits--
                            ``(i) the use, attempted use, or threatened 
                        use of physical force by the person against a 
                        victim of an alleged sex or domestic violence 
                        offense, or a family member or associate of the 
                        victim, that would reasonably be expected to 
                        cause bodily injury;
                            ``(ii) the initiation by the person 
                        restrained of any contact or communication with 
                        such other person; or
                            ``(iii) actions described by both clauses 
                        (i) and (ii).
            ``(6) Special victims' counsel.--The term `Special Victims 
        Counsel' means a Special Victims' Counsel described in section 
        1044e and includes a Victims' Legal Counsel of the Navy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1567b. Authority of military judges and military magistrates to issue 
                            military court protective orders.''.
    (c) Implementation.--The President shall prescribe regulations 
implementing section 1567b of title 10, United States Code, not later 
than one year after the date of the enactment of this Act.

SEC. 2. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE AND RELATED 
              INFORMATION COLLECTION ACTIVITIES.

    (a) Military-Civilian Task Force on Domestic Violence.--
            (1) Establishment.--The Secretary of Defense shall 
        establish a military-civilian task force on domestic violence 
        (in this section, referred to as the ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to 
        analyze and develop recommendations, for implementation by the 
        Secretary, with respect to each of the following:
                    (A) The risk of domestic violence at various stages 
                of military service, including identification of--
                            (i) stages at which there is a higher than 
                        average risk of domestic violence; and
                            (ii) stages at which the implementation of 
                        domestic violence prevention strategies may 
                        have the greatest preventive effect.
                    (B) The use and dissemination of domestic violence 
                prevention resources throughout the stages of military 
                service including providing new servicemembers with 
                training in domestic violence prevention.
                    (C) How to best target prevention resources to 
                address those with a higher risk of domestic violence.
                    (D) The implementation of strategies to prevent 
                domestic violence by training, educating, and assigning 
                prevention-related responsibilities to--
                            (i) commanders;
                            (ii) medical, behavioral, and mental health 
                        service providers;
                            (iii) family advocacy representatives;
                            (iv) Military Family Life Consultants; and
                            (v) other individuals and entities with 
                        responsibilities that may be relevant to 
                        addressing domestic violence.
                    (E) The efficacy of providing survivors of domestic 
                violence with the option to request expedited 
                transfers, and the effects of such transfers.
                    (F) Improvements to procedures for reporting 
                appropriate legal actions to the National Crime 
                Information Center and the efficacy of such procedures.
                    (G) The effects of domestic violence on--
                            (i) housing for military families;
                            (ii) the education of military dependent 
                        children;
                            (iii) servicemember work assignments and 
                        careers; and
                            (iv) the health of servicemembers and their 
                        families, including short-term and long-term 
                        health effects and effects on mental health.
                    (H) Age-appropriate training and education programs 
                for students attending schools operated by the 
                Department of Defense Education Activity that are 
                designed to assist such students in learning positive 
                relationship behaviors in families and with intimate 
                partners.
                    (I) The potential effects of requiring military 
                protective orders to be issued by a military judge and 
                whether such a requirement would increase the 
                enforcement of military protective orders by civilian 
                law enforcement agencies outside the boundaries of 
                military installations.
                    (J) Whether prevention of domestic violence would 
                be enhanced by raising the disposition authority for 
                offenses of domestic violence to an officer who is--
                            (i) in the grade of 0-6 or above;
                            (ii) in the chain of command of the 
                        accused; and
                            (iii) authorized by chapter 47 of title 10, 
                        United States Code (the Uniform Code of 
                        Military Justice) to convene special courts-
                        martial.
                    (K) Consideration of any other matters that the 
                Task Force determines to be relevant to--
                            (i) decreasing the frequency of domestic 
                        violence committed by or upon members of the 
                        covered Armed Forces and their dependents; and
                            (ii) reducing the severity of such 
                        violence.
            (3) Membership.--The Task Force shall be composed of the 
        following members:
                    (A) One or more representatives of family advocacy 
                programs of the Department of Defense.
                    (B) One or more representatives of the Defense 
                Advisory Committee on Women in the Services.
                    (C) One or more medical personnel of the Department 
                of Defense.
                    (D) One or more Judge Advocates General.
                    (E) One or more military police or other law 
                enforcement personnel of the covered Armed Forces.
                    (F) One or more military commanders.
                    (G) One or more individuals whose duties include 
                planning, executing, and evaluating training of the 
                covered Armed Forces.
                    (H) Civilians who are experts on domestic violence 
                or who provide services relating to domestic violence, 
                including--
                            (i) not fewer than two representatives from 
                        the national domestic violence resource center 
                        and the special issue resource centers referred 
                        to in section 310 of the Family Violence 
                        Prevention and Services Act (42 U.S.C. 10410);
                            (ii) not fewer than two representatives 
                        from national domestic violence organizations;
                            (iii) not fewer than two representatives 
                        from State domestic violence and sexual assault 
                        coalitions; and
                            (iv) not fewer than two domestic violence 
                        service providers who provide services in 
                        communities located near military 
                        installations.
                    (I) One or more representatives who are subject 
                matter experts on--
                            (i) scientific and other research relating 
                        to domestic violence; and
                            (ii) science-based strategies for the 
                        prevention, intervention, and response to 
                        domestic violence.
                    (J) Civilian law enforcement personnel.
                    (K) One or more representatives from the Office on 
                Violence Against Women of the Department of Justice.
                    (L) One or more representatives of the Family 
                Violence Prevention and Services Program of the 
                Department of Health and Human Services.
                    (M) One or more representatives from the Centers 
                for Disease Control and Prevention.
            (4) Appointment by secretary of defense.--
                    (A) In general.--The Secretary of Defense shall 
                appoint the members of the Task Force specified in 
                subparagraphs (A) through (M) of paragraph (3).
                    (B) Consultation.--
                            (i) Consultation with attorney general.--In 
                        appointing members under subparagraph (K) of 
                        paragraph 3, the Secretary of Defense shall 
                        consult with the Attorney General.
                            (ii) Consultation with secretary of hhs.--
                        In appointing members under subparagraphs (L) 
                        and (M) of such paragraph, the Secretary shall 
                        consult with the Secretary of Health and Human 
                        Services.
                    (C) Inclusion of certain personnel.--The Secretary 
                shall ensure that the members appointed by the 
                Secretary under this subparagraph include--
                            (i) representatives of the Office of the 
                        Secretary of Defense;
                            (ii) general and flag officers;
                            (iii) noncommissioned officers; and
                            (iv) other enlisted personnel of the 
                        covered Armed Forces.
            (5) Total number of members.--The total number of members 
        appointed to the Task Force shall be not more than 25.
            (6) Chairperson.--
                    (A) Nominee list.--On an annual basis, the Task 
                Force shall submit to the Secretary a list of members 
                of the Task Force who may be considered for the 
                position of chairperson of the Task Force.
                    (B) Selection.--From the list submitted to the 
                Secretary under subparagraph (A) for each year, the 
                Secretary of Defense shall designate one member of the 
                Task Force to serve as the chairperson of the Task 
                Force.
                    (C) Term.--The chairperson designated by the 
                Secretary under subparagraph (B) shall serve for a term 
                of one year and may serve for additional terms of one 
                year if redesignated as the chairperson by the 
                Secretary under such subparagraph.
            (7) Meetings.--The first meeting of the Task Force shall 
        convene not later than 180 days after the date of the enactment 
        of this Act. Thereafter, the task Force shall meet in plenary 
        session not less frequently than once annually.
            (8) Compensation and travel expenses.--Each member of the 
        Task Force shall serve without compensation (other than the 
        compensation to which such member may be entitled as a member 
        of the covered Armed Forces or an officer or employee of the 
        United States, as the case may be), but shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code, while away from the 
        member's home or regular places of business in the performance 
        of services for the Task Force.
            (9) Site visits.--In the carrying out the duties described 
        in paragraph (2), members of the Task Force shall--
                    (A) on an annual basis, visit one or more military 
                installations outside the United States; and
                    (B) on a semiannual basis, visit one or more 
                military installations within the United States.
            (10) Oversight and administration.--The Secretary of 
        Defense shall designate an appropriate organization within the 
        Office of the Secretary of Defense to--
                    (A) provide oversight of the Task Force;
                    (B) provide the Task Force with the personnel, 
                facilities, and other administrative support that is 
                necessary for the performance of the Task Force's 
                duties; and
                    (C) on a rotating basis, direct the Secretary of 
                each military department to--
                            (i) coordinate visits of the Task Force to 
                        military installations; and
                            (ii) provide administrative, logistical, 
                        and other support for the meetings of the Task 
                        Force.
            (11) Reports.--
                    (A) Reports to secretary.--
                            (i) Initial report.--Not later than one 
                        year after the date on which the members of the 
                        Task Force are appointed under paragraph (3), 
                        the Task Force shall submit to the Secretary of 
                        Defense recommendations with respect to each 
                        matter described in paragraph (2).
                            (ii) Subsequent reports.--After submitting 
                        the initial report under subparagraph (A), the 
                        Task Force shall, from time to time, submit to 
                        the Secretary of Defense such analyses and 
                        recommendations as the Task Force considers 
                        appropriate to improve the effectiveness of the 
                        covered Armed Forces in responding to and 
                        preventing domestic violence.
                    (B) Reports to congress.--On an annual basis until 
                the date on which the Task Force terminates under 
                paragraph (12), the Task Force shall submit to Congress 
                a report that includes--
                            (i) a description of any improvements in 
                        the response of the covered Armed Forces to 
                        domestic violence over the preceding year;
                            (ii) an explanation of any pending research 
                        on domestic violence that may be relevant to 
                        domestic violence involving members of the 
                        covered Armed Forces; and
                            (iii) such analyses and recommendations as 
                        the Task Force considers appropriate to improve 
                        the effectiveness of the covered Armed Forces 
                        in responding to and preventing domestic 
                        violence.
            (12) Termination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Task Force shall terminate on the date that is 
                five years after the date of the first meeting of the 
                Task Force.
                    (B) Continuation.--
                            (i) In general.--Subject to clause (ii), 
                        the Secretary of Defense may continue the Task 
                        Force for a period of up to two years after the 
                        termination date applicable under subparagraph 
                        (A) if the Secretary determines that 
                        continuation of the Task Force is advisable and 
                        appropriate.
                            (ii) Notice to congress.--If the Secretary 
                        determines to continue the Task Force under 
                        clause (i), not later than 90 days before the 
                        termination date applicable under subparagraph 
                        (A) and annually thereafter until the new date 
                        of the termination of the Task Force, the 
                        Secretary shall submit to the Committees on 
                        Armed Services of the Senate and the House of 
                        Representatives a notice describing the reasons 
                        for the continuation and confirming the new 
                        termination date.
            (13) Implementation of recommendations.--
                    (A) In general.--Except as provided in subparagraph 
                (B), not later than 180 days after the date on which 
                the Secretary of Defense receives the initial report of 
                the Task Force under paragraph (11)(A)(i), the 
                Secretary shall, in consultation with the Task Force, 
                implement the recommendations of the Task Force with 
                respect to each matter described in paragraph (2).
                    (B) Waiver.--The Secretary of Defense may waive the 
                requirement under subparagraph (A) with respect to a 
                recommendation of the Task force by submitting to the 
                Committees on Armed Services of the Senate and the 
                House of Representatives a written notification setting 
                forth the reasons for the Secretary's decision not to 
                implement the recommendation.
    (b) Information Collection and Reporting.--
            (1) Information collection.--
                    (A) Regular information collection.--Using the 
                mechanism developed under subparagraph (B), the 
                Secretary of Defense shall regularly collect 
                information to measure the prevalence of domestic 
                violence involving members of the covered Armed Forces, 
                their intimate partners, and immediate family members.
                    (B) Mechanism to measure domestic violence.--The 
                Secretary of Defense, in coordination with the Centers 
                for Disease Control and civilian organizations with 
                expertise in conducting informational surveys, shall 
                develop a mechanism to carry out the information 
                collection required under subparagraph (A).
            (2) Annual report on domestic violence.--
                    (A) Report required.--On an annual basis, the 
                Secretary of Defense shall submit to the congressional 
                defense committees a report on domestic violence in the 
                covered Armed Forces.
                    (B) Elements.--The report required under 
                subparagraph (A) shall include, with respect to the 
                year covered by the report, the following:
                            (i) Based on the information collected 
                        under paragraph (1), an assessment of the 
                        prevalence of domestic violence involving 
                        members of the covered Armed Forces, their 
                        intimate partners, and immediate family 
                        members.
                            (ii) The number of convictions under 
                        section 928b of title 10, United States Code 
                        (article 128b of the Uniform Code of Military 
                        Justice).
                            (iii) The recidivism rate for members of 
                        the covered Armed Forces convicted of domestic 
                        violence offenses.
                            (iv) The number of instances in which a 
                        member of the covered Armed Forces received an 
                        administrative discharge as a result of the 
                        member's involvement in a domestic violence 
                        incident.
                            (v) The number of instances in which a 
                        member of the covered Armed Forces was 
                        prohibited from possessing firearms as a result 
                        of the member's conviction for a domestic 
                        violence offense.
                            (vi) Of the incidents described in clause 
                        (v), the number of instances in which the 
                        member received a waiver of such prohibition or 
                        was otherwise allowed to access firearms for 
                        duty purposes.
                            (vii) An explanation of the status of data 
                        sharing between the Department of Defense and 
                        civilian law enforcement agencies on matters 
                        relating to domestic violence.
    (c) Covered Armed Forces Defined.--In this section, the term 
``covered Armed Forces'' means the Army, the Navy, the Air Force, and 
the Marine Corps.
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