§1781. Office of Military Family Readiness Policy
(a)
(b)
(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and
(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.
(c)
(d)
(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.
(3) A non-medical mental health professional described in this subsection is a person who is-
(A) a currently licensed mental health care provider who holds a license that is-
(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and
(ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services;
(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and
(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).
(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection.
(5) In this subsection, the term "non-medical counseling services" means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.
(Added
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (d)(4), is the date of enactment of
Prior Provisions
Provisions similar to those in this subchapter were contained in
Amendments
2023-Subsec. (d).
2016-
Subsec. (a).
2013-Subsec. (a).
2011-Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Activities To Improve Family Violence Prevention and Response
"(c)
"(1)
"(A)
"(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including-
"(I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and
"(II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (
"(ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.
"(iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.
"(B)
"(i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to-
"(I) eliminate gaps and redundancies in the activities of such organizations;
"(II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and
"(III) otherwise improve the tracking of such incidents and actions across the Department;
"(ii) based on the evaluation under clause (i), clarify or adjust-
"(I) the duties of such organizations and elements; and
"(II) the manner in which such organizations and elements coordinate their activities; and
"(iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code.
"(C)
"(D)
"(i)
"(ii)
"(I) the services offered at the installation are insufficient to meet the victim's needs; or
"(II) such a referral would otherwise benefit the victim.
"(E)
"(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and
"(ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.
"(F)
"(i)
"(ii)
"(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and
"(II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an [sic] consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.
"(G)
"(i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and
"(ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).
"(H)
"(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and
"(ii) establishes minimum qualifications for the personnel responsible for using such tools.
"(I)
"(i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and
"(ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.
"(J)
"(i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to-
"(I) the eligibility of victims for transitional compensation and other benefits; and
"(II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and
"(ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.
"(K)
"(i)
"(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and
"(II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.
"(ii)
"(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;
"(II) establish content requirements and learning objectives for such training; and
"(III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training.
"(iii)
"(2)
"(3)
"(d)
"(1) The Family Advocacy Program of the Armed Force or military department concerned.
"(2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.
"(3) Other applicable victim services.
"(g)
"(1) The term 'appropriate congressional committees' means the Committees on Armed Services of the Senate and the House of Representatives.
"(2) The term 'civilian order of protection' has the meaning given that term in section 1561a of title 10, United States Code.
"(3) The term 'disposition model for domestic violence' means the process to determine-
"(A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and
"(B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.
"(4) The term 'Incident Determination Committee' means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.
"(5) The term 'qualified civilian victim service organization' means an organization outside the Department of Defense that-
"(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and
"(B) is located in a community surrounding a military installation.
"(6) The term 'risk assessment tool' means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur."
Family Readiness: Definitions; Communication Strategy; Review; Report
"(a)
"(b)
"(1) ensure that the Secretary of Defense has carried out section 561 of the National Defense Authorization Act for Fiscal Year 2010 ([
"(2) implement a strategy to use of a variety of modes of communication to ensure the broadest means of communicating with military families; and
"(3) establish a process to measure the effectiveness of the modes of communication described in paragraph (2).
"(c)
"(d)
Time Requirements for Certification of Honorable Service
Counseling for Members of the Armed Forces Who Are Not Citizens of the United States on Naturalization in the United States
"(a)
"(b)
"(1) The term 'covered individual' means a member of the Armed Forces who is not a citizen of the United States.
"(2) The term 'Secretary concerned' has the meaning given that term in section 101(a)(9) of title 10, United States Code."
Pilot Program on Information Sharing Between Department of Defense and Designated Relatives and Friends of Members of the Armed Forces Regarding the Experiences and Challenges of Military Service
"(a)
"(1)
"(A) encourages a member of the Armed Forces, upon the enlistment or appointment of such member, to designate up to 10 persons to whom information regarding the military service of such member shall be disseminated using contact information obtained under paragraph (6); and
"(B) provides such persons, within 30 days after the date on which such persons are designated under subparagraph (A), the option to elect to receive such information regarding military service.
"(2)
"(3)
"(A) aspects of daily life and routine experienced by members of the Armed Forces;
"(B) the challenges and stresses of military service, particularly during and after deployment as part of a contingency operation;
"(C) the services available to members of the Armed Forces and the dependents of such members to cope with the experiences and challenges of military service;
"(D) benefits administered by the Department of Defense for members of the Armed Forces and the dependents of such members;
"(E) a toll-free telephone number through which such persons who elect to receive information under the pilot program may request information regarding the program; and
"(F) such other information as the Secretary determines to be appropriate.
"(4)
"(A) section 552a of title 5, United States Code; and
"(B) the Health Insurance Portability and Accountability Act of 1996 (
"(5)
"(A) ensure that such member is notified of the ability to modify designations made by such member under paragraph (1)(A); and
"(B) upon the request of a member, authorize such member to modify such designations at any time.
"(6)
"(7)
"(A)
"(B)
"(C)
"(b)
"(1)
"(2)
"(A) the results of the survey administered under paragraph (1);
"(B) a determination as to whether the pilot program should be made permanent; and
"(C) recommendations as to modifications necessary to improve the program if made permanent.
"(c)
Expansion of Period of Availability of Military OneSource Program for Retired and Discharged Members of the Armed Forces and Their Immediate Families
"(a)
"(b)
Policy on Response to Juvenile-on-Juvenile Problematic Sexual Behavior Committed on Military Installations
"(a)
"(b)
"(1) Any report or other allegation of juvenile-on-juvenile problematic sexual behavior on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a child development center, a military treatment facility, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation.
"(2) Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles.
"(3) Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents.
"(4) Each review shall be conducted-
"(A) with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and
"(B) to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families.
"(5) The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity.
"(6) There shall be established and maintained a centralized database of information on each incident of problematic sexual behavior that is reviewed by a Family Advocacy Program under the policy established under this section, with-
"(A) the information in such database kept strictly confidential; and
"(B) because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information.
"(7) There shall be entered into the database, for each substantiated or unsubstantiated incident of problematic sexual behavior, appropriate information on the incident, including-
"(A) a description of the allegation;
"(B) whether or not the review is completed;
"(C) whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and
"(D) whether or not action was taken in response to the incident, and the nature of the action, if any, so taken."
Provision of Information on Naturalization Through Military Service
Support for Programs Providing Camp Experience for Children of Military Families
"(a)
"(b)
"(1)
"(2)
"(A) A description of the program for which support is being sought, including the location of the setting or settings under the program, the duration of such setting or settings, any local partners participating in or contributing to the program, and the ratio of counselors, trained volunteers, or both to children at such setting or settings.
"(B) An estimate of the number of children of military families to be supported using the support sought.
"(C) A description of the type of activities that will be conducted using the support sought, including the manner in which activities are particularly supportive to children of military families described in subsection (a).
"(D) A description of the outreach conducted or to be conducted by the organization to military families regarding the program.
"(c)
Establishment of Online Resources To Provide Information About Benefits and Services Available to Members of the Armed Forces and Their Families
"(a)
"(1)
"(2)
"(b)
"(1) Financial compensation, including financial counseling.
"(2) Health care and life insurance programs.
"(3) Death benefits.
"(4) Entitlements and survivor benefits for dependents, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.
"(5) Educational assistance benefits, including limitations on and the transferability of such assistance.
"(6) Housing assistance benefits, including counseling.
"(7) Relocation planning and preparation.
"(8) Maintaining military records.
"(9) Legal assistance.
"(10) Quality of life programs.
"(11) Family and community programs.
"(12) Employment assistance upon separation or retirement of a member or for the spouse of the member.
"(13) Reserve component service for members completing service in a regular component.
"(14) Disability benefits, including offsets in connection with the receipt of such benefits.
"(15) Benefits and services provided under laws administered by the Secretary of Veterans Affairs.
"(16) Such other benefits and services as the Secretary of Defense considers appropriate.
"(c)
"(d)
Education and Treatment Services for Military Dependent Children With Autism
Joint Family Support Assistance Program
"(a)
"(1) Financial and material assistance.
"(2) Mobile support services.
"(3) Sponsorship of volunteers and family support professionals for the delivery of support services.
"(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.
"(5) Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4).
"(6) Such other assistance that the Secretary considers appropriate.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) A description of the actions taken to select the areas in which the program will be conducted.
"(B) A description of the procedures established under subsection (d).
"(C) A review of proposed actions to be taken under the program to improve coordination of family assistance program and activities between and among the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.
"(g)
"(1)
"(2)
"(A) A description of the program, including the areas in which the program is conducted, the procedures established under subsection (d) for operation of the program, and the assistance provided through the program for families of members of the Armed Forces.
"(B) An assessment of the effectiveness of the program in providing assistance to families of members of the Armed Forces.
"(C) An assessment of the advisability of extending the program or making it permanent.
"(h)
Recognition of Military Families
"(a)
"(1) The families of both active and reserve component members of the Armed Forces, through their sacrifices and their dedication to the Nation and its values, contribute immeasurably to the readiness of the Armed Forces.
"(2) Without the continued support of military families, the Nation's ability to sustain a high quality all-volunteer military force would be undermined.
"(3) In the perilous and challenging times of the global war on terrorism, with hundreds of thousands of active and reserve component military personnel deployed overseas in places of combat and other imminent danger, military families are making extraordinary sacrifices and will be required to do so for the foreseeable future.
"(4) Beginning in 1997, military family service and support centers have responded to the encouragement and support of private, non-profit organizations to recognize and honor the American military family during the Thanksgiving period each November.
"(b)
"(c)
"(1) implement and sustain programs, including appropriate ceremonies and activities, to recognize and honor the contributions and sacrifices of the American military family, including families of both active and reserve component military personnel;
"(2) focus the celebration of the American military family during a specific period of each year to give full and proper recognition to those families; and
"(3) seek the assistance and support of appropriate civilian organizations, associations, and other entities (A) in carrying out the annual celebration of the American military family, and (B) in sustaining other, longer-term efforts to support the American military family."
Executive Documents
Supporting New American Service Members, Veterans, and Their Families
Memorandum of President of the United States, Dec. 22, 2016, 81 F.R. 95849, provided:
Memorandum for the Heads of Executive Departments and Agencies
My Administration has maintained a steadfast commitment to honor and serve the brave men and women who have served this country. Like all service members and veterans, foreign-born residents and naturalized citizens serving in the United States Armed Forces are shining examples of the American dream. These brave new Americans have taken the extraordinary step of answering the call to duty, to support and defend our country. Some have made the ultimate sacrifice for our country before becoming American citizens.
New American service members are undoubtedly a critical element of our national security. They risk their lives all over the world in the name of the United States, securing shipping lanes, protecting bases and embassies, providing medical assistance, and conducting humanitarian missions. Tens of thousands of lawful permanent residents and naturalized U.S. citizens currently serve in our Armed Forces. Many more are veterans who have served previously in the Armed Forces. Additionally, many U.S.-born service members have immediate family members who were born abroad.
Over the past decade, the Departments of Defense, Veterans Affairs, and Homeland Security have strengthened partnerships to provide services and opportunities to service members, veterans, and their families interacting with the U.S. immigration system. Indeed, since 2001, more than 110,000 service members have been naturalized and many were assisted in the process through partnerships such as the "Naturalization at Basic Training Initiative," which gives non-citizen enlistees the opportunity to naturalize during basic training. Despite these efforts, service members, veterans, and their families still face barriers to accessing immigration benefits and other assistance for which they may be eligible.
In light of the sacrifices that all of these individuals make and have made for our country, it is critical that executive departments and agencies (agencies) enhance collaboration and streamline processes to ensure that they receive the services and benefits they need and have earned. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and to address the issues facing new American service members, veterans, and their families, I hereby direct as follows:
(a) The Working Group shall consist of representatives from:
(i) the Department of State;
(ii) the Department of Defense;
(iii) the Department of Justice;
(iv) the Department of Labor;
(v) the Department of Veterans Affairs; and
(vi) the Department of Homeland Security.
(b) The Working Group shall consult with additional agencies or offices, as appropriate.
(i) coordinating the sharing of military records and other information relevant to immigration or veterans benefits;
(ii) enhancing awareness of naturalization and immigration benefits to provide timely assistance and information to service members, veterans, and their families;
(iii) coordinating and facilitating the process of adjudicating immigration applications and petitions; and
(iv) other efforts that further support service members, veterans, and their families.
(b) Within 30 days of the date of this memorandum, the Working Group shall develop an initial 3-year strategic action plan that details broad approaches to be taken to enhance access to services and benefits. This initial plan shall be supplemented by a more detailed plan, to be published within 120 days of the date of this memorandum that discusses the steps to be taken in greater detail. The Working Group shall also report periodically on its accomplishments and ongoing initiatives.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or an agency, or the head thereof, or the status of that department or agency within the Federal Government.
(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.