[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2772 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2772
To amend title 10, United States Code, to provide for the investigation
of suicides committed by members of the Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2008
Mr. Lieberman (for himself and Mrs. Boxer) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for the investigation
of suicides committed by members of the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INVESTIGATIONS OF SUICIDES COMMITTED BY MEMBERS OF THE ARMED
FORCES.
(a) Investigations Required.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1567. Investigations of suicides committed by members of the
Armed Forces
``(a) In General.--In the event of a suicide by a member of the
Armed Forces on active duty, the Secretary concerned shall provide for
the conduct of an investigation into the suicide in accordance with
this section.
``(b) Suicide Investigation Board.--(1) Each investigation into a
suicide under this section shall be conducted by a board (to be known
as a `suicide investigation board') established by the Secretary
concerned for purposes of the investigation.
``(2) The head of a suicide investigation board under this
subsection shall be a commissioned officer of the Armed Forces
concerned on active duty in the grade of brigadier general or higher,
or rear admiral (lower half) or higher in the case of the Navy, who is
assigned for that purpose by the Secretary concerned.
``(3) Each suicide investigation board under this subsection shall
consist of four additional commissioned officers on active duty, who
are outside the chain of command of the member of the Armed Forces who
committed suicide, who are assigned for that purpose by the Secretary
concerned.
``(c) Investigations.--(1) The suicide investigation board
established under subsection (b) shall conduct a thorough investigation
of the causes contributing to the suicide, including an examination and
assessment of actions that could have been taken to prevent the
suicide.
``(2)(A) Each investigation under this subsection shall be
conducted in accordance with such procedures as the Secretary concerned
shall prescribe in regulations. The Secretary of Defense shall ensure,
to the extent practicable, that the procedures prescribed for purposes
of this paragraph are uniform across the military departments.
``(B) The procedures under subparagraph (A) shall include
mechanisms to preserve and protect the privacy and confidentiality of
individuals concerned with or participating in investigations under
this section, and shall be separate from any criminal investigation.
``(C) The Secretary concerned shall take appropriate actions to
ensure that members of the Armed Forces assigned to a board under this
section are proficient with the procedures applicable to the board
under this paragraph before their participation in a suicide
investigation board.
``(3)(A) No person or authority may censure, reprimand, or admonish
a board conducting an investigation under this section, or the head or
any member of the board, with respect to the actions of the board in
conducting the investigation or with the findings or recommendations of
the board as a result of the investigation.
``(B) No person or authority may attempt to coerce, or by any
unauthorized means, influence the action of a board conducting an
investigation under this section, or the head or any member of the
board, in reaching the findings or recommendations of the board as a
result of the investigation.
``(4) A board's investigation of a suicide under this section
shall, to the extent practicable, be completed not later than 30 days
after the date of the suicide.
``(d) Construction With Other Investigations.--The investigation of
a suicide under this section is in addition to any other investigation,
including any investigation for criminal purposes, otherwise authorized
or required by law.
``(e) Reports on Investigations.--(1) Each board conducting an
investigation under this section into the suicide of a member of the
Armed Forces shall submit to the Secretary concerned reports as
follows:
``(A) An interim report, not later than 30 days after the
date of the suicide of the member, setting forth the
preliminary findings of the board as a result of the
investigation as of the date of such report.
``(B) A final report, not later than 60 days after the date
of the suicide of the member, setting forth the final findings
and recommendations of the board as a result of the
investigation.
``(2) The recommendations of a board under paragraph (1)(B) may
include such recommendations as the board considers appropriate for
actions to be taken in order to reduce the incidence of suicide in
members of the Armed Forces.
``(3) A board conducting an investigation may at any time submit to
the Secretary concerned such other findings or recommendations as the
board considers appropriate in order to reduce the incidence of suicide
in members of the Armed Forces.
``(4) A report under this subsection may not be treated as a public
document and, except as provided in subsection (f), may not be released
to the public.
``(f) Public Summaries of Reports on Investigations.--(1) Not later
than 60 days after the receipt of a final report of a board under
subsection (e)(1)(B) on an investigation under this section, the
Secretary concerned shall make available to the public a summary of the
report, including the findings and recommendation of the board as a
result of the investigation. The summary shall, upon the request of any
individual concerned with or participating in the investigation, redact
any personal information of the individual, and shall redact such other
personal and other information as the Secretary concerned considers
appropriate to preserve the privacy, confidentiality, and integrity of
the proceedings of the investigation and of investigations generally
under this section.
``(2) The Secretary concerned shall permit public comment on each
summary made public under paragraph (1) during the 45-day period
beginning on the date such summary is made public.
``(3) The Secretary concerned shall provide for the review of any
public comments received on a summary under paragraph (2) by such
independent party as the Secretary shall select for purposes of the
review.
``(g) Department of Defense-Wide Actions.--(1) The Secretary
concerned shall transmit each report submitted to such Secretary under
subsection (e)(1)(B), and any report submitted to such Secretary under
subsection (e)(3), to the Assistant Secretary of Defense for Health
Affairs.
``(2) The Assistant Secretary shall take appropriate actions to
ensure the dissemination throughout the Department of Defense of any
findings and recommendations in the reports submitted to the Assistant
Secretary under paragraph (1) that the Assistant Secretary considers
appropriate to reduce the incidence of suicide in members of the Armed
Forces.
``(3) The Assistant Secretary shall take appropriate actions to
ensure the implementation of the findings and recommendations
disseminated under paragraph (2). Such actions shall include the
following:
``(A) The establishment and maintenance of an electronic
database for monitoring the implementation of such findings and
recommendations.
``(B) A requirement that all officials responsible for
implementing such recommendations update the Assistant
Secretary, not less often than once every six months, on the
current status of the implementation of such recommendations.
``(4) Not less often than once every six months, each Secretary
concerned shall, in coordination with the Assistant Secretary, update
any programs and activities of the department concerned relating to the
prevention of suicide in members of the Armed Forces in order to ensure
that such programs and activities incorporate the recommendations of
investigations conducted under this section and such other matters as
are appropriate to reduce the incidence of suicide in members of the
Armed Forces.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by adding at
the end the following new item:
``1567. Investigations of suicides committed by members of the Armed
Forces.''.
(b) Regulations.--The regulations required under section 1567 of
title 10, United States Code (as added by subsection (a)), shall be
prescribed not later than 90 days after the date of the enactment of
this Act.
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