Sec. 577. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES
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## SEC. 577 DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** ###
(a)Comprehensive Policy on Prevention and Response to Sexual Assaults ####
(1)Not later than January 1, 2005, the Secretary of Defense shall develop a comprehensive policy for the Department of Defense on the prevention of and response to sexual assaults involving members of the Armed Forces. ####
(2)The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate. ####
(3)Before developing the comprehensive policy required by paragraph (1), the Secretary of Defense shall develop a definition of sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph
(1)and otherwise within the Department of Defense and Coast Guard in matters involving members of the Armed Forces. The definition shall be uniform for all the Armed Forces and shall be developed in consultation with the Secretaries of the military departments and the Secretary of Homeland Security with respect to the Coast Guard. ###
(b)Elements of Comprehensive Policy The comprehensive policy developed under subsection
(a)shall, at a minimum, address the following matters: ####
(1)Prevention measures. ####
(2)Education and training on prevention and response. ####
(3)Investigation of complaints by command and law enforcement personnel. ####
(4)Medical treatment of victims. ####
(5)Confidential reporting of incidents. ####
(6)Victim advocacy and intervention. ####
(7)Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault. ####
(8)Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault. ####
(9)Disposition of members of the Armed Forces accused of sexual assault. ####
(10)Liaison and collaboration with civilian agencies on the provision of services to victims of sexual assault. ####
(11)Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. ####
(12)Implementation of clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense. ###
(c)Report on Improvement of Capability To Respond to Sexual Assaults Not later than March 1, 2005, the Secretary of Defense shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to sexual assaults involving members of the Armed Forces. ###
(d)Application of Comprehensive Policy To Military Departments The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection
(a)is implemented uniformly by the military departments. ###
(e)Policies and Procedures of Military Departments ####
(1)Not later than March 1, 2005, the Secretaries of the military departments shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to sexual assaults involving members of the Armed Forces in order— #####
(A)to conform such policies and procedures to the policy developed under subsection (a); and #####
(B)to ensure that such policies and procedures include the elements specified in paragraph (2). ####
(2)The elements specified in this paragraph are as follows: #####
(A)A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces. #####
(B)A program to provide victim advocacy and intervention for members of the Armed Force concerned who are victims of sexual assault, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. #####
(C)Procedures for members of the Armed Force concerned to follow in the case of an incident of sexual assault involving a member of such Armed Force, including— ######
(i)specification of the person or persons to whom the alleged offense should be reported; ######
(ii)specification of any other person whom the victim should contact; ######
(iii)procedures for the preservation of evidence; and ######
(iv)procedures for confidential reporting and for contacting victim advocates. #####
(D)Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned. #####
(E)Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forcible or nonforcible, by members of the Armed Force concerned. #####
(F)Training on the policies and procedures for all members of the Armed Force concerned, including specific training for members of the Armed Force concerned who process allegations of sexual assault against members of such Armed Force. #####
(G)Any other matters that the Secretary of Defense considers appropriate. * * * * * * * ## Subtitle M Other Matters * * * * * * *
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Sec. 577
DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES
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