,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gghi ,,in ,,the ,,house ,,of ,,representatives ,july #bd1 #bjbj ,ms4 ,speier 7for herself and ,mr4 ,connolly7 introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to authorize military judges and military magistrates to issue military court protective orders1 and to direct the ,secretary of ,defense to establish a military-civilian task force on domestic violence and related information collection activities4 #a4 ,authority of military judges and military magistrates to issue military court protective orders 7a7 ,judge-,issued military court protective orders ,chapter #hj of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section4 #aefg;b4 ,authority of military judges and military magistrates to issue military court protective orders 7a7 ,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 section4 ,a protective order issued in accordance with this section shall be known as a military court protective order4 ,under the regulations prescribed by the ,president1 military judges and military magistrates shall have exclusive jurisdiction over the issuance1 appeal1 renewal1 and termination of military court protective orders and such orders may not be issued1 appealed1 renewed1 or terminated by ,state1 local1 territorial1 or tribal courts4 7b7 ,enforcement by civilian authorities 7#a7 ,in general ,in prescribing regulations for military court protective orders1 the ,president shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by ,state1 local1 territorial1 and tribal civilian law enforcement authorities4 7#b7 ,full faith and credit ,any military court protective order1 should be accorded full faith and credit by the court of a ,state1 local1 territorial1 or tribal jurisdiction 7the enforcing jurisdiction7 and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction4 7#c7 ,reciprocity agreements ,consistent with paragraphs 7#a7 and 7#b71 the ,secretary of ,defense shall seek to enter into reciprocity agreements with ,state1 local1 territorial1 and tribal civilian law enforcement authorities under which-- 7,a7 such authorities agree to enforce military court protective orders2 and 7,b7 the ,secretary agrees to enforce protective orders issued by such authorities that are consistent with section #bbfe7;b7 of title #ah4 7c7 ,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 offense1 or a family member or associate of the victim1 from a person subject to chapter #dg of this title 7the ,uniform ,code of ,military ,justice7 who is alleged to have committed such an offense4 7d7 ,timing and manner of issuance ,a military court protective order may be issued-- 7#a7 by a military magistrate1 before referral of charges and specifications to court-martial for trial1 at the request of-- 7,a7 a victim of an alleged sex or domestic violence offense2 or 7,b7 a ,special ,victims' ,counsel or other qualified counsel acting on behalf of the victim2 or 7#b7 by a military judge1 after referral of charges and specifications to court-martial for trial1 at the request of qualified counsel1 which may include a ,special ,victims' ,counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution4 7e7 ,duration and renewal of protective order 7#a7 ,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 7#b74 7#b7 ,expiration and renewal ,before the expiration of any #cj-;day period during which a military court protective order is in effect1 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 #cj days4 7#c7 ,notice to protected persons ,if a military judge or military magistrate determines under paragraph 7#b7 that a military court protective order will terminate1 the judge or magistrate concerned shall provide to each person protected by the order reasonable1 timely1 and accurate notification of the termination4 7f7 ,review of magistrate-,issued orders 7#a7 ,review ,a military judge1 at the request of the person subject to a military court protective order that was issued by a military magistrate1 may review the order to determine if the order was properly issued by the magistrate4 7#b7 ,standards of review ,a military judge who reviews an order under paragraph 7#a7 shall terminate the order if the judge determines that-- 7,a7 the military magistrate's decision to issue the order was an abuse of discretion1 and there is not sufficient information presented to the military judge to justify the order2 or 7,b7 information not presented to the military magistrate establishes that the military court protective order should be terminated4 7g7 ,due process 7#a7 ,protection of due process ,except as provided in paragraph 7#b71 a protective order authorized under subsection 7a7 may be issued only after reasonable notice and opportunity to be heard1 directly or through counsel1 is given to the person against whom the order is sought sufficient to protect that person's right to due process4 7#b7 ,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 prescribe4 ,in the case of ex parte orders1 notice and opportunity to be heard must be provided within a reasonable time after the order is issued1 sufficient to protect the respondent's due process rights4 7h7 ,rights of victim ,the victim of an alleged sex or domestic violence offense who seeks a military court protective order has1 in addition to any rights provided under section #hjf;b 7article #f;b71 the following rights with respect to any proceeding involving the protective order3 7#a7 ,the right to reasonable1 accurate1 and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding4 7#b7 ,the right to be reasonably heard at the proceeding4 7#c7 ,the right to appear in person1 with or without counsel1 at the proceeding4 7#d7 ,the right be represented by qualified counsel in connection with the proceeding1 which may include a ,special ,victims' ,counsel4 7#e7 ,the reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding1 as applicable4 7#f7 ,the right to submit a written statement1 directly or through counsel1 for consideration by the military judge or military magistrate presiding over the proceeding4 7i7 ,restrictions on access to firearms 7#a7 ,in general ,notwithstanding any other provision of law-- 7,a7 a military court protective order issued on an ex parte basis shall restrain a person from possessing1 receiving1 or otherwise accessing a firearm2 and 7,b7 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 order1 shall restrain such person from possessing1 receiving1 or otherwise accessing a firearm in accordance with section #ibb of title #ah4 7#b7 ,notice to ,attorney ,general ,not later than #gb hours after the issuance of an order described in paragraph 7#a71 the ,secretary of ,defense shall submit to the ,attorney ,general a record of the order4 7j7 ,treatment as lawful order ,a military court protective order shall be treated as a lawful order for purposes of the application of section #hib 7article #ib7 and a violation of such an order shall be punishable under such section 7article74 7k7 ,command matters 7#a7 ,inclusion in personnel file ,any military court protective order against a member shall be placed and retained in the military personnel file of the member4 7#b7 ,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 #aefg;a including for purposes of mandatory notification of issuance to civilian law enforcement as required by that section4 7l7 ,relationship to other authorities ,nothing in this section may be construed as prohibiting-- 7#a7 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 command2 7#b7 pretrial restraint in accordance with ,rule for ,courts-,martial #cjd 7as set forth in the ,manual for ,courts-,martial1 #bjai edition1 or any successor rule72 or 7#c7 pretrial confinement in accordance with ,rule for ,courts-,martial #cje 7as set forth in the ,manual for ,courts-,martial1 #bjai edition1 or any successor rule74 7m7 ,delivery to certain persons ,a physical and electronic copy of any military court protective order shall be provided1 as soon as practicable after issuance1 to the following3 7#a7 ,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 #ah years4 7#b7 ,the person subject to the protective order4 7#c7 ,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 section4 7n7 ,definitions ,in this section3 7#a7 ,contact ,the term contact includes contact in person or through a third party1 or through gifts4 7#b7 ,communication ,the term communication includes communication in person or through a third party1 and by telephone or in writing by letter1 data fax1 or other electronic means4 7#c7 ,covered sex or domestic violence offense ,the term covered sex or domestic violence offense means-- 7,a7 an alleged sex-related offense 7as defined in section #ajdd;e7h772 or 7,b7 an alleged offense of domestic violence under section #ibh;b of this title 7article #abh;b of the ,uniform ,code of ,military ,justice7 or an attempt to commit such an offense that is punishable under section #hhj of this title 7article #hj of the ,uniform ,code of ,military ,justice74 7#d7 ,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 qualified1 by reason of education1 training1 experience1 and judicial temperament1 for duty as a military judge or magistrate by the ,judge ,advocate ,general of the armed force of which the officer is a member4 7#e7 ,protective order ,the term protective order means an order that-- 7,a7 restrains a person from harassing1 stalking1 threatening1 or otherwise contacting or communicating with a victim of an alleged sex or domestic violence offense1 or a family member or associate of the victim1 or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person2 and 7,b7 by its terms1 explicitly prohibits-- 7i7 the use1 attempted use1 or threatened use of physical force by the person against a victim of an alleged sex or domestic violence offense1 or a family member or associate of the victim1 that would reasonably be expected to cause bodily injury2 7ii7 the initiation by the person restrained of any contact or communication with such other person2 or 7iii7 actions described by both clauses 7i7 and 7ii74 7#f7 ,special ,victims' ,counsel ,the term ,special ,victims ,counsel means a ,special ,victims' ,counsel described in section #ajdd;e and includes a ,victims' ,legal ,counsel of the ,navy4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by adding at the end the following new item3 #aefg;b4 ,authority of military judges and military magistrates to issue military court protective orders4 4 7c7 ,implementation ,the ,president shall prescribe regulations implementing section #aefg;b of title #aj1 ,united ,states ,code1 not later than one year after the date of the enactment of this ,act4 #b4 ,military-civilian task force on domestic violence and related information collection activities 7a7 ,military-,civilian task force on domestic violence 7#a7 ,establishment ,the ,secretary of ,defense shall establish a military-civilian task force on domestic violence 7in this section1 referred to as the ,task ,force74 7#b7 ,duties ,the duties of the ,task ,force shall be to analyze and develop recommendations1 for implementation by the ,secretary1 with respect to each of the following3 7,a7 ,the risk of domestic violence at various stages of military service1 including identification of-- 7i7 stages at which there is a higher than average risk of domestic violence2 and 7ii7 stages at which the implementation of domestic violence prevention strategies may have the greatest preventive effect4 7,b7 ,the use and dissemination of domestic violence prevention resources throughout the stages of military service including providing new servicemembers with training in domestic violence prevention4 7,c7 ,how to best target prevention resources to address those with a higher risk of domestic violence4 7,d7 ,the implementation of strategies to prevent domestic violence by training1 educating1 and assigning prevention-related responsibilities to-- 7i7 commanders2 7ii7 medical1 behavioral1 and mental health service providers2 7iii7 family advocacy representatives2 7iv7 ,military ,family ,life ,consultants2 and 7v7 other individuals and entities with responsibilities that may be relevant to addressing domestic violence4 7,e7 ,the efficacy of providing survivors of domestic violence with the option to request expedited transfers1 and the effects of such transfers4 7,f7 ,improvements to procedures for reporting appropriate legal actions to the ,national ,crime ,information ,center and the efficacy of such procedures4 7,g7 ,the effects of domestic violence on-- 7i7 housing for military families2 7ii7 the education of military dependent children2 7iii7 servicemember work assignments and careers2 and 7iv7 the health of servicemembers and their families1 including short-term and long-term health effects and effects on mental health4 7,h7 ,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 partners4 7,i7 ,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 installations4 7,j7 ,whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is-- 7i7 in the grade of #j-f or above2 7ii7 in the chain of command of the accused2 and 7iii7 authorized by chapter #dg of title #aj1 ,united ,states ,code 7the ,uniform ,code of ,military ,justice7 to convene special courts-martial4 7,k7 ,consideration of any other matters that the ,task ,force determines to be relevant to-- 7i7 decreasing the frequency of domestic violence committed by or upon members of the covered ,armed ,forces and their dependents2 and 7ii7 reducing the severity of such violence4 7#c7 ,membership ,the ,task ,force shall be composed of the following members3 7,a7 ,one or more representatives of family advocacy programs of the ,department of ,defense4 7,b7 ,one or more representatives of the ,defense ,advisory ,committee on ,women in the ,services4 7,c7 ,one or more medical personnel of the ,department of ,defense4 7,d7 ,one or more ,judge ,advocates ,general4 7,e7 ,one or more military police or other law enforcement personnel of the covered ,armed ,forces4 7,f7 ,one or more military commanders4 7,g7 ,one or more individuals whose duties include planning1 executing1 and evaluating training of the covered ,armed ,forces4 7,h7 ,civilians who are experts on domestic violence or who provide services relating to domestic violence1 including-- 7i7 not fewer than two representatives from the national domestic violence resource center and the special issue resource centers referred to in section #caj of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdaj72 7ii7 not fewer than two representatives from national domestic violence organizations2 7iii7 not fewer than two representatives from ,state domestic violence and sexual assault coalitions2 and 7iv7 not fewer than two domestic violence service providers who provide services in communities located near military installations4 7,i7 ,one or more representatives who are subject matter experts on-- 7i7 scientific and other research relating to domestic violence2 and 7ii7 science-based strategies for the prevention1 intervention1 and response to domestic violence4 7,j7 ,civilian law enforcement personnel4 7,k7 ,one or more representatives from the ,office on ,violence ,against ,women of the ,department of ,justice4 7,l7 ,one or more representatives of the ,family ,violence ,prevention and ,services ,program of the ,department of ,health and ,human ,services4 7,m7 ,one or more representatives from the ,centers for ,disease ,control and ,prevention4 7#d7 ,appointment by ,secretary of ,defense 7,a7 ,in general ,the ,secretary of ,defense shall appoint the members of the ,task ,force specified in subparagraphs 7,a7 through 7,m7 of paragraph 7#c74 7,b7 ,consultation 7i7 ,consultation with ,attorney ,general ,in appointing members under subparagraph 7,k7 of paragraph #c1 the ,secretary of ,defense shall consult with the ,attorney ,general4 7ii7 ,consultation with ,secretary of ,,hhs ,in appointing members under subparagraphs 7,l7 and 7,m7 of such paragraph1 the ,secretary shall consult with the ,secretary of ,health and ,human ,services4 7,c7 ,inclusion of certain personnel ,the ,secretary shall ensure that the members appointed by the ,secretary under this subparagraph include-- 7i7 representatives of the ,office of the ,secretary of ,defense2 7ii7 general and flag officers2 7iii7 noncommissioned officers2 and 7iv7 other enlisted personnel of the covered ,armed ,forces4 7#e7 ,total number of members ,the total number of members appointed to the ,task ,force shall be not more than #be4 7#f7 ,chairperson 7,a7 ,nominee list ,on an annual basis1 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 ,force4 7,b7 ,selection ,from the list submitted to the ,secretary under subparagraph 7,a7 for each year1 the ,secretary of ,defense shall designate one member of the ,task ,force to serve as the chairperson of the ,task ,force4 7,c7 ,term ,the chairperson designated by the ,secretary under subparagraph 7,b7 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 subparagraph4 7#g7 ,meetings ,the first meeting of the ,task ,force shall convene not later than #ahj days after the date of the enactment of this ,act4 ,thereafter1 the task ,force shall meet in plenary session not less frequently than once annually4 7#h7 ,compensation and travel expenses ,each member of the ,task ,force shall serve without compensation 7other 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 ,states1 as the case may be71 but shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the member's home or regular places of business in the performance of services for the ,task ,force4 7#i7 ,site visits ,in the carrying out the duties described in paragraph 7#b71 members of the ,task ,force shall-- 7,a7 on an annual basis1 visit one or more military installations outside the ,united ,states2 and 7,b7 on a semiannual basis1 visit one or more military installations within the ,united ,states4 7#aj7 ,oversight and administration ,the ,secretary of ,defense shall designate an appropriate organization within the ,office of the ,secretary of ,defense to-- 7,a7 provide oversight of the ,task ,force2 7,b7 provide the ,task ,force with the personnel1 facilities1 and other administrative support that is necessary for the performance of the ,task ,force's duties2 and 7,c7 on a rotating basis1 direct the ,secretary of each military department to-- 7i7 coordinate visits of the ,task ,force to military installations2 and 7ii7 provide administrative1 logistical1 and other support for the meetings of the ,task ,force4 7#aa7 ,reports 7,a7 ,reports to ,secretary 7i7 ,initial report ,not later than one year after the date on which the members of the ,task ,force are appointed under paragraph 7#c71 the ,task ,force shall submit to the ,secretary of ,defense recommendations with respect to each matter described in paragraph 7#b74 7ii7 ,subsequent reports ,after submitting the initial report under subparagraph 7,a71 the ,task ,force shall1 from time to time1 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 violence4 7,b7 ,reports to ,congress ,on an annual basis until the date on which the ,task ,force terminates under paragraph 7#ab71 the ,task ,force shall submit to ,congress a report that includes-- 7i7 a description of any improvements in the response of the covered ,armed ,forces to domestic violence over the preceding year2 7ii7 an explanation of any pending research on domestic violence that may be relevant to domestic violence involving members of the covered ,armed ,forces2 and 7iii7 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 violence4 7#ab7 ,termination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,task ,force shall terminate on the date that is five years after the date of the first meeting of the ,task ,force4 7,b7 ,continuation 7i7 ,in ,general ,subject to clause 7ii71 the ,secretary of ,defense may continue the ,task ,force for a period of up to two years after the termination date applicable under subparagraph 7,a7 if the ,secretary determines that continuation of the ,task ,force is advisable and appropriate4 7ii7 ,notice to ,congress ,if the ,secretary determines to continue the ,task ,force under clause 7i71 not later than #ij days before the termination date applicable under subparagraph 7,a7 and annually thereafter until the new date of the termination of the ,task ,force1 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 date4 7#ac7 ,implementation of recommendations 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than #ahj days after the date on which the ,secretary of ,defense receives the initial report of the ,task ,force under paragraph 7#aa77;,a77i71 the ,secretary shall1 in consultation with the ,task ,force1 implement the recommendations of the ,task ,force with respect to each matter described in paragraph 7#b74 7,b7 ,waiver ,the ,secretary of ,defense may waive the requirement under subparagraph 7,a7 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 recommendation4 7b7 ,information collection and reporting 7#a7 ,information collection 7,a7 ,regular information collection ,using the mechanism developed under subparagraph 7,b71 the ,secretary of ,defense shall regularly collect information to measure the prevalence of domestic violence involving members of the covered ,armed ,forces1 their intimate partners1 and immediate family members4 7,b7 ,mechanism to measure domestic violence ,the ,secretary of ,defense1 in coordination with the ,centers for ,disease ,control and civilian organizations with expertise in conducting informational surveys1 shall develop a mechanism to carry out the information collection required under subparagraph 7,a74 7#b7 ,annual report on domestic violence 7,a7 ,report required ,on an annual basis1 the ,secretary of ,defense shall submit to the congressional defense committees a report on domestic violence in the covered ,armed ,forces4 7,b7 ,elements ,the report required under subparagraph 7,a7 shall include1 with respect to the year covered by the report1 the following3 7i7 ,based on the information collected under paragraph 7#a71 an assessment of the prevalence of domestic violence involving members of the covered ,armed ,forces1 their intimate partners1 and immediate family members4 7ii7 ,the number of convictions under section #ibh;b of title #aj1 ,united ,states ,code 7article #abh;b of the ,uniform ,code of ,military ,justice74 7iii7 ,the recidivism rate for members of the covered ,armed ,forces convicted of domestic violence offenses4 7iv7 ,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 incident4 7v7 ,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 offense4 7vi7 ,of the incidents described in clause 7v71 the number of instances in which the member received a waiver of such prohibition or was otherwise allowed to access firearms for duty purposes4 7vii7 ,an explanation of the status of data sharing between the ,department of ,defense and civilian law enforcement agencies on matters relating to domestic violence4 7c7 ,covered ,armed ,forces defined ,in this section1 the term covered ,armed ,forces means the ,army1 the ,navy1 the ,air ,force1 and the ,marine ,corps4