Sec. 532. Policies with respect to special victim prosecutors
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Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish and carry out relating to the activities of special victim prosecutors, including expected milestones for the Secretaries to fully implement such mechanisms and procedures. The policies shall include the following:
Provide for the establishment of a dedicated office in the Secretariat of each military department from which office the activities of the special victim prosecutors of the military services concerned shall be supervised and overseen. Direct each Secretary of a military department to appoint one lead special victim prosecutor for each military service under the authority, direction, and control of the Secretary concerned, which lead special prosecutor shall be a judge advocate of that service in a grade no lower than O–6, with significant experience in military justice, who shall be responsible for the overall supervision and oversight of the activities of the special victim prosecutors of that service.
Direct each Secretary of a military department to designate one of the lead special victim prosecutors appointed pursuant to paragraph
(2)to lead the office required to be established pursuant to paragraph (1). Ensure that the office created pursuant to paragraph (1), the lead special victim prosecutors and other personnel assigned or detailed to the office, and the special victim prosecutors of the military services concerned— are independent of the military chains of command of both the victims and those accused of special victim offenses and any other offenses over which a special victim prosecutor at any time exercises authority in accordance with section 824a of this title (article 24a of the Uniform Code of Military Justice); and conduct assigned activities free from unlawful or unauthorized influence or coercion. Provide that special victim prosecutors and assistant special victim prosecutors shall be well-trained, experienced, highly skilled, and competent in handling special victim cases. Provide that commanders of the victim and the accused in a special victim case shall have the opportunity to provide their candid input to the special victim prosecutor regarding case disposition, but that the input is not binding on the special victim prosecutor. The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection
(a)does not render unconstitutional any such policy, mechanism, or procedure. Not later than 270 days after the date of the enactment of this section, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the policies proposed to be established pursuant to subsection
(a)and the expected roadmap and milestones for the implementation of such policies and the mechanisms and procedures to which they apply. Not later than January 1, 2023, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to subsection
(a)and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by subsection (a). . The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Department of Defense policies with respect to special victim prosecutors. .