10 U.S.C. § 7381

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 7381 - Fatality reviews

(a) REVIEW OF FATALITIES.-The Secretary of the Army shall conduct a multidisciplinary, impartial review (referred to as a "fatality review") in the case of each fatality known or suspected to have resulted from domestic violence or child abuse against any of the following:

(1) A member of the Army on active duty.

(2) A current or former dependent of a member of the Army on active duty.

(3) A current or former intimate partner who has a child in common or has shared a common domicile with a member of the Army on active duty.

(b) MATTERS TO BE INCLUDED.-The report of a fatality review under subsection (a) shall, at a minimum, include the following:

(1) An executive summary.

(2) Data setting forth victim demographics, injuries, autopsy findings, homicide or suicide methods, weapons, police information, assailant demographics, and household and family information.

(3) Legal disposition.

(4) System intervention and failures, if any, within the Department of Defense.

(5) A discussion of significant findings.

(6) Recommendations for systemic changes, if any, within the Department of the Army and the Department of Defense.

(c) OSD GUIDANCE.-The Secretary of Defense shall prescribe guidance, which shall be uniform for the military departments, for the conduct of reviews by the Secretary under subsection (a).

10 U.S.C. § 7381

Added Pub. L. 108-136, div. A, title V, §576(a)(1), Nov. 24, 2003, 117 Stat. 1486, §4061; renumbered §7381, Pub. L. 115-232, div. A, title VIII, §808(b)(16), Aug. 13, 2018, 132 Stat. 1839.

EDITORIAL NOTES

PRIOR PROVISIONSPrior sections 7391 to 7394 were repealed by Pub. L. 97-295, §1(50)(A), Oct. 12, 1982, 96 Stat. 1299.Section 7391, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87-533, §1(a)(2), 76 Stat. 154, provided for a United States Naval Oceanographic Office attached to the Office of the Chief of Naval Operations which would provide navigational aids, charts, books, and manuals, and was reenacted as former section 2791 of this title. Section 7392, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87-533, §1(a)(3), 76 Stat. 154, provided that the Secretary of the Navy may have the United States Naval Oceanographic Office prepare navigational aids, charts, and books, and that he may publish and distribute such materials and buy copyrights of existing navigational aids, charts, and books, and was reenacted as section 451 of this title. Section 7393, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July 10, 1962, Pub. L. 87-533, §1(a)(4), 76 Stat. 154, directed that certain identifying information be printed on United States Naval Oceanographic pilot charts, and that the Department of Commerce's Weather Bureau provide the Naval Oceanographic Office with data necessary for their preparation, and was reenacted as section 452 of this title.Section 7394, acts Aug. 10, 1956, ch. 1041, 70A Stat. 457; July 10, 1962, Pub. L. 87-533, §1(a)(5), 76 Stat. 154; Aug. 14, 1964, Pub. L. 88-436, §1(a), 78 Stat. 443, directed that publications by the Naval Oceanographic Office be sold under regulations of the Secretary of the Navy, and that proceeds be covered into the Treasury, and was reenacted as section 453 of this title. Prior sections 7395 and 7396 were renumbered sections 8715 and 8716 of this title, respectively.

AMENDMENTS2018- Pub. L. 115-232 renumbered section 4061 of this title as this section.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE Pub. L. 108-136, div. A, title V, §576(d), Nov. 24, 2003, 117 Stat. 1488, provided that: "Sections 4061, 6036, and 9061 [now 7381, 8226, and 9381] of title 10, United States Code, as added by this section, apply with respect to fatalities that occur on or after the date of the enactment of this Act [Nov. 24, 2003]."

active duty

The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

military departments

The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.