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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 11272

Sec. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS

879 words·~4 min read·/statute-compilations/comps-17475/sec-11272

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## SEC. 11272 ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS ###
(a)In General Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: > > ## “SEC. 564 Administration of sexual assault forensic examination kits > > **[**[14 U.S.C. 564](/us/usc/t14/s564)**]** > > > ### “(a) Sexual Assault Forensic Exam Procedure > > > #### “(1) In general > > Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination— > > > ##### “(A) > > as soon as possible after the victim requests an examination; and > > > ##### “(B) > > that is treated with the same level of urgency as emergency medical care. > > > #### “(2) Requirements > > The written operating procedure required by paragraph (1), shall, at a minimum, account for— > > > ##### “(A) > > the health, safety, and privacy of a victim of sexual assault; > > > ##### “(B) > > the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10); > > > ##### “(C) > > the availability of aeromedical evacuation; > > > ##### “(D) > > the operational capabilities of the vessel concerned; > > > ##### “(E) > > the qualifications of medical personnel onboard; > > > ##### “(F) > > coordination with law enforcement and the preservation of evidence; > > > ##### “(G) > > the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; > > > ##### “(H) > > the availability of nonprescription pregnancy prophylactics; and > > > ##### “(I) > > other unique military considerations.” > . ###
(b)Clerical Amendment The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 563 the following:" “564. Administration of sexual assault forensic examination kits.” ". ###
(c)Study ####
(1)In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study to assess challenges and prospective solutions associated with sexual assault at sea, to include the provision of survivor care, forensic examination of the victim, and evidence collection. ####
(2)Contents The study under paragraph
(1)shall, at a minimum, address the feasibility of crisis response services and physical evaluation through telemedicine and other options concerning immediate access to care whether onboard the vessel or at the nearest shore side facility, including best practices for administering sexual assault forensic examinations. ####
(3)Elements The study under paragraph
(1)shall— #####
(A)take into account— ######
(i)the safety and security of the alleged victim of sexual assault; ######
(ii)the ability to properly identify, document, and preserve any evidence relevant to the allegation of sexual assault; ######
(iii)the applicable criminal procedural laws relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating to evidentiary admissibility; and ######
(iv)best practices of conducting sexual assault forensic examinations, as such term is defined in section 40723 of title 34, United States Code; #####
(B)provide any appropriate recommendation for changes to existing laws, regulations, or employer policies; #####
(C)solicit public stakeholder input from individuals and organizations with relevant expertise in sexual assault response including healthcare, advocacy services, law enforcement, and prosecution; #####
(D)evaluate the operational capabilities of the Coast Guard since 2013 in providing alleged victims of sexual assault immediate access to care onboard a vessel undertaking a prescheduled voyage that, at any point during such voyage, would require the vessel to travel 3 consecutive days or longer to reach a land-based or afloat medical facility, including— ######
(i)the average of and range in the reported hours taken to evacuate an individual with any medical emergency to a land-based or afloat medical facility; and ######
(ii)the number of alleged victims, subjects, and total incidents of sexual assault and sexual harassment occurring while underway reported annually; and #####
(E)summarize the financial cost, required operational adjustments, and potential benefits to the Coast Guard to provide sexual assault forensic examination kits onboard Coast Guard vessels undertaking a prescheduled voyage that, at any point during such voyage, would require the vessel to travel 3 consecutive days or longer to reach a land-based or afloat medical facility. ####
(4)Report Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary a report on the findings of the study. ####
(5)Savings clause In collecting the information required under paragraphs
(2)and (3), the Commandant shall collect such information in a manner which protects the privacy rights of individuals who are subjects of such information.
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Sec. 11272
ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS
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