Authority

122 STAT. 4470

PUBLIC LAW 110–417—OCT. 14, 2008

Subtitle G—Military Justice
SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

(a) IN GENERAL.—Chapter 80 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.

‘‘A military protective order issued by a military commander
shall remain in effect until such time as the military commander
terminates the order or issues a replacement order.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘1567. Duration of military protective orders.’’.
SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.

(a) IN GENERAL.—Chapter 80 of title 10, United States Code,
is amended by inserting after section 1567, as added by section
561, the following new section:
‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.

‘‘(a) INITIAL NOTIFICATION.—In the event a military protective
order is issued against a member of the armed forces and any
individual involved in the order does not reside on a military
installation at any time during the duration of the military protective order, the commander of the military installation shall notify
the appropriate civilian authorities of—
‘‘(1) the issuance of the protective order; and
‘‘(2) the individuals involved in the order.
‘‘(b) NOTIFICATION OF CHANGES OR TERMINATION.—The commander of the military installation also shall notify the appropriate
civilian authorities of—
‘‘(1) any change made in a protective order covered by
subsection (a); and
‘‘(2) the termination of the protective order.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 1567 the following new item:
‘‘1567a. Mandatory notification of issuance of military protective order to civilian
law enforcement.’’.

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SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL
ASSAULT INCIDENTS IN THE ARMED FORCES.

(a) DATABASE REQUIRED.—The Secretary of Defense shall implement a centralized, case-level database for the collection, in a
manner consistent with Department of Defense regulations for
restricted reporting, and maintenance of information regarding
sexual assaults involving a member of the Armed Forces, including
information, if available, about the nature of the assault, the victim,
the offender, and the outcome of any legal proceedings in connection
with the assault.
(b) AVAILABILITY OF DATABASE.—The database required by subsection (a) shall be available to personnel of the Sexual Assault
Prevention and Response Office of the Department of Defense.

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PUBLIC LAW 110–417—OCT. 14, 2008

122 STAT. 4471

(c) IMPLEMENTATION.—
(1) PLAN FOR IMPLEMENTATION.—Not later than 90 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a plan to provide for the implementation of the database
required by subsection (a).
(2) RELATION TO DEFENSE INCIDENT-BASED REPORTING
SYSTEM.—Not later than 180 days after the date of enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing—
(A) a description of the current status of the Defense
Incident-Based Reporting System; and
(B) an explanation of how the Defense Incident-Based
Reporting System will relate to the database required by
subsection (a).
(3) COMPLETION.—Not later than 15 months after the date
of enactment of this Act, the Secretary shall complete
implementation of the database required by subsection (a).
(d) REPORTS.—The database required by subsection (a) shall
be used to develop and implement congressional reports, as required
by—
(1) section 577(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375);
(2) section 596(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163);
(3) section 532 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364);
and
(4) sections 4361, 6980, and 9361 of title 10, United States
Code.
(e) TERMINOLOGY.—Section 577(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375) is amended by adding at the end the following
new paragraph:
‘‘(12) The Secretary shall implement clear, consistent, and
streamlined sexual assault terminology for use throughout the
Department of Defense.’’.

Deadlines.

10 USC 113 note.

Subtitle H—Decorations, Awards, and
Honorary Promotions
SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

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(a) REPLACEMENT REQUIRED.—Chapter 57 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 1135. Replacement of military decorations
‘‘(a) REPLACEMENT.—In addition to other authorities available
to the Secretary concerned to replace a military decoration, the
Secretary concerned shall replace, on a one-time basis and without
charge, a military decoration upon the request of the recipient
of the military decoration or the immediate next of kin of a deceased
recipient.
‘‘(b) MILITARY DECORATION DEFINED.—In this section, the term
‘decoration’ means any decoration or award (other than the medal

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