10 U.S.C. § 1044e — Special Victims’ Counsel for victims of

Page 932 TITLE 10—ARMED FORCES § 1044e (B) That the signatory had the represented status and title at the time of the execution of the will. (C) That the signature was executed in com- pliance with the procedures required under the regulations prescribed under subsection (f). (2) A document setting forth a military testa- mentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following: (A) A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument. (B) An affidavit, executed by each witness signing the testamentary instrument, that at- tests to the circumstances under which the testamentary instrument was executed. (C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath. (e) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a). (2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph. (f) REGULATIONS.—Regulations for the pur- poses of this section shall be prescribed jointly by the Secretary of Defense and by the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Department of the Navy. (g) DEFINITIONS.—In this section: (1) The term ‘‘person eligible for military legal assistance’’ means a person who is eligi- ble for legal assistance under section 1044 of this title. (2) The term ‘‘military legal assistance counsel’’ means— (A) a judge advocate (as defined in section 801(13) of this title); or (B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title. (3) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States. (Added Pub. L. 106–398, § 1 [[div. A], title V, § 551(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–123; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114–328, div. A, title V, § 523(a), Dec. 23, 2016, 130 Stat. 2116.) Editorial Notes AMENDMENTS 2016—Subsec. (c)(2). Pub. L. 114–328, § 523(a)(1), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;’’. Subsec. (c)(3). Pub. L. 114–328, § 523(a)(2), substituted ‘‘person notarizing the instrument in accordance with paragraph (2)’’ for ‘‘presiding attorney’’. 2002—Subsec. (f). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 1044e. Special Victims’ Counsel for victims of sex-related offenses (a) DESIGNATION; PURPOSES.—(1) The Secretary concerned shall designate legal counsel (to be known as ‘‘Special Victims’ Counsel’’) for the purpose of providing legal assistance to an indi- vidual described in paragraph (2) who is the vic- tim of an alleged sex-related offense, regardless of whether the report of that offense is re- stricted or unrestricted. (2) An individual described in this paragraph is any of the following: (A) An individual eligible for military legal assistance under section 1044 of this title. (B) An individual who is— (i) not covered under subparagraph (A); (ii) a member of a reserve component of the armed forces; and (iii) a victim of an alleged sex-related of- fense as described in paragraph (1)— (I) during a period in which the indi- vidual served on active duty, full-time Na- tional Guard duty, or inactive-duty train- ing; or (II) during any period, regardless of the duty status of the individual, if the cir- cumstances of the alleged sex-related of- fense have a nexus to the military service of the victim, as determined under regula- tions prescribed by the Secretary of De- fense. (C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department con- cerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee. (b) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— The types of legal assistance authorized by sub- section (a) include the following: (1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances sur- rounding the alleged sex-related offense and the victim’s right to seek military defense services. (2) Legal consultation regarding the Victim Witness Assistance Program, including— (A) the rights and benefits afforded the victim; (B) the role of the Victim Witness Assist- ance Program liaison and what privileges do or do not exist between the victim and the liaison; and (C) the nature of communication made to the liaison in comparison to communication Page 933 TITLE 10—ARMED FORCES § 1044e made to a Special Victims’ Counsel or a legal assistance attorney under section 1044 of this title. (3) Legal consultation regarding the respon- sibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Ad- vocate, or domestic abuse advocate, to include any privileges that may exist regarding com- munications between those persons and the victim. (4) Legal consultation regarding the poten- tial for civil litigation against other parties (other than the United States). (5) Legal consultation regarding the mili- tary justice system, including (but not limited to)— (A) the roles and responsibilities of the trial counsel, the defense counsel, and inves- tigators; (B) any proceedings of the military justice process in which the victim may observe; (C) the Government’s authority to compel cooperation and testimony; and (D) the victim’s responsibility to testify, and other duties to the court. (6) Representing the victim at any pro- ceedings in connection with the reporting, military investigation, and military prosecu- tion of the alleged sex-related offense. (7) Legal consultation regarding eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other med- ical services; (8) Legal consultation and assistance— (A) in personal civil legal matters in ac- cordance with section 1044 of this title; (B) in any proceedings of the military jus- tice process in which a victim can partici- pate as a witness or other party; (C) in understanding the availability of, and obtaining any protections offered by, ci- vilian and military protecting or restraining orders; and (D) in understanding the eligibility and re- quirements for, and obtaining, any available military and veteran benefits, such as tran- sitional compensation benefits found in sec- tion 1059 of this title, section 1408(h) of this title, and other State and Federal victims’ compensation programs. (9) Legal consultation and assistance in con- nection with— (A) any complaint against the Govern- ment, including an allegation under review by an inspector general and a complaint re- garding equal employment opportunities; (B) any request to the Government for in- formation, including a request under section 552a of title 5 (commonly referred to as a ‘‘Freedom of Information Act request’’); and (C) any correspondence or other commu- nications with Congress. (10) Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal pro- ceedings, including— (A) in understanding the rights and protec- tions afforded to victims of retaliation; (B) in the filing of complaints; and (C) in any resulting military justice pro- ceedings. (11) Such other legal assistance as the Sec- retary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may au- thorize in the regulations prescribed under subsection (i). (c) NATURE OF RELATIONSHIP.—The relation- ship between a Special Victims’ Counsel and a victim in the provision of legal advice and as- sistance shall be the relationship between an at- torney and client. (d) QUALIFICATIONS.—(1) An individual may not be designated as a Special Victims’ Counsel under this section unless the individual— (A) meets the qualifications specified in sec- tion 1044(d)(2) of this title; and (B) is certified as competent to be des- ignated as a Special Victims’ Counsel by the Judge Advocate General of the armed force in which the judge advocate is a member or by which the civilian attorney is employed, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps. (2) The Secretary of Defense shall— (A) develop a policy to standardize the time period within which a Special Victims’ Coun- sel receives training; and (B) establish the baseline training require- ments for a Special Victims’ Counsel. (e) ADMINISTRATIVE RESPONSIBILITY.—(1) Con- sistent with the regulations prescribed under subsection (i), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary concerned, and within the Marine Corps the Staff Judge Advo- cate to the Commandant of the Marine Corps, is responsible for the establishment and super- vision of individuals designated as Special Vic- tims’ Counsel. (2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Depart- ment in which the Coast Guard is operating) shall conduct a periodic evaluation of the Spe- cial Victims’ Counsel programs operated under this section. (3) The Secretary of Defense, in collaboration with the Secretaries of the military depart- ments and the Secretary of the Department in which the Coast Guard is operating, shall estab- lish— (A) guiding principles for the Special Vic- tims’ Counsel program, to include ensuring that— (i) Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face communication between counsel and clients; and (ii) effective means of communication are available to permit counsel and client inter- actions when face-to-face communication is not feasible; (B) performance measures and standards to measure the effectiveness of the Special Vic- Page 934 TITLE 10—ARMED FORCES § 1044e tims’ Counsel program and client satisfaction with the program; and (C) processes by which the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is oper- ating will evaluate and monitor the Special Victims’ Counsel program using such guiding principles and performance measures and standards. (f) AVAILABILITY OF SPECIAL VICTIMS’ COUN- SEL.—(1) An individual described in subsection (a)(2) who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Special Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investi- gator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel des- ignated by the Secretary concerned for purposes of this subsection. (2) Subject to such exceptions for exigent cir- cumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel shall be provided to an individual described in sub- section (a)(2) before any military criminal inves- tigator or trial counsel interviews, or requests any statement from, the individual regarding the alleged sex-related offense. (3) The assistance of a Special Victims’ Coun- sel under this subsection shall be available to an individual described in subsection (a)(2) regard- less of whether the individual elects unre- stricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Special Vic- tims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently re- questing the assistance of a Special Victims’ Counsel. (4)(A) Subject to subparagraph (B), if a Special Victims’ Counsel is not available at a military installation for access by a member of the armed forces who requests access to a Special Victims’ Counsel, a Special Victims’ Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request. (B) If the Secretary concerned determines that, due to exigent circumstances related to military activities, a Special Victims’ Counsel cannot be made available to a member of the armed forces within the time period required by subparagraph (A), the Secretary concerned shall ensure that a Special Victims’ Counsel is made available to such member as soon as is practical under such circumstances. (g) STAFFING CASELOAD LEVELS.—Commencing not later than four years after the date of the enactment of the National Defense Authoriza- tion Act for Fiscal Year 2020, each Secretary concerned shall ensure that the number of Spe- cial Victims’ Counsels serving in each military department (and with respect to the Coast Guard) is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed, to the extent practicable, 25 cases any given time. (h) ALLEGED SEX-RELATED OFFENSE DEFINED.— In this section, the term ‘‘alleged sex-related of- fense’’ means any allegation of— (1) a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense speci- fied in a paragraph (1) as punishable under sec- tion 880 of this title (article 80 of the Uniform Code of Military Justice). (i) REGULATIONS.—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe reg- ulations to carry out this section. (Added Pub. L. 113–66, div. A, title XVII, § 1716(a)(1), Dec. 26, 2013, 127 Stat. 966; amended Pub. L. 113–291, div. A, title V, §§ 531(c), 533, 534(a), Dec. 19, 2014, 128 Stat. 3364, 3366, 3367; Pub. L. 114–92, div. A, title V, §§ 532–534(a), 535(a), (b), Nov. 25, 2015, 129 Stat. 815, 816; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(D), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 116–92, div. A, title V, §§ 541, 542(a), Dec. 20, 2019, 133 Stat. 1374, 1375; Pub. L. 116–283, div. A, title X, § 1081(a)(22), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 117–81, div. A, title X, § 1081(a)(15), Dec. 27, 2021, 135 Stat. 1920.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (g), is the date of enactment of Pub. L. 116–92 which was approved Dec. 20, 2019. AMENDMENTS 2021—Subsecs. (b)(11), (e). Pub. L. 116–283 substituted ‘‘subsection (i)’’ for ‘‘subsection (h)’’. Subsec. (g). Pub. L. 117–81 substituted ‘‘number of Special Victims’ Counsels’’ for ‘‘number of Special Vic- tims’ Counsel’’. 2019—Subsec. (b)(8)(D). Pub. L. 116–92, § 541(a), sub- stituted ‘‘, section 1408(h) of this title, and other’’ for ‘‘and other’’. Subsec. (b)(10), (11). Pub. L. 116–92, § 541(b), added par. (10) and redesignated former par. (10) as (11). Subsec. (f)(4). Pub. L. 116–92, § 542(a), added par. (4). Subsecs. (g) to (i). Pub. L. 116–92, § 541(c), added sub- sec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 2017—Subsec. (g)(1). Pub. L. 115–91 substituted ‘‘920b, 920c, or 930’’ for ‘‘920a, 920b, 920c, or 925’’ and ‘‘120b, 120c, or 130’’ for ‘‘120a, 120b, 120c, or 125’’. 2015—Subsec. (a)(2)(C). Pub. L. 114–92, § 532, added sub- par. (C). Subsec. (b)(9), (10). Pub. L. 114–92, § 533, added par. (9) and redesignated former par. (9) as (10). Subsec. (d). Pub. L. 114–92, § 535(a), designated exist- ing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (e)(3). Pub. L. 114–92, § 535(b), added par. (3). Subsec. (f)(2), (3). Pub. L. 114–92, § 534(a), added par. (2) and redesignated former par. (2) as (3). 2014—Subsec. (a). Pub. L. 113–291, § 533(a), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary concerned shall designate legal counsel (to be known as ‘Special Victims’ Counsel’) for the purpose of providing legal assistance to an indi- vidual eligible for military legal assistance under sec- tion 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.’’ Subsec. (b)(4). Pub. L. 113–291, § 531(c)(1), substituted ‘‘the United States’’ for ‘‘the Department of Defense’’. Page 935 TITLE 10—ARMED FORCES § 1044e Subsec. (b)(6). Pub. L. 113–291, § 534(a), substituted ‘‘Representing the victim’’ for ‘‘Accompanying the vic- tim’’. Subsec. (d)(2). Pub. L. 113–291, § 531(c)(2), inserted ‘‘, and within the Marine Corps, by the Staff Judge Ad- vocate to the Commandant of the Marine Corps’’ before period at end. Subsec. (e)(1). Pub. L. 113–291, § 531(c)(3), inserted ‘‘concerned’’ after ‘‘jurisdiction of the Secretary’’. Subsec. (f). Pub. L. 113–291, § 533(b), substituted ‘‘de- scribed in subsection (a)(2)’’ for ‘‘eligible for military legal assistance under section 1044 of this title’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS’ COUNSEL Pub. L. 117–81, div. A, title V, § 546, Dec. 27, 2021, 135 Stat. 1712, provided that: ‘‘(a) CIVILIAN SUPPORT POSITIONS.—Each Secretary of a military department may establish one or more civil- ian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. ‘‘(b) DUTIES.—The duties of each position under sub- section (a) shall be— ‘‘(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative sup- port; and ‘‘(2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to of- fices of the Special Victims’ Counsel. ‘‘(c) SPECIAL VICTIMS’ COUNSEL DEFINED.—In this sec- tion, the term ‘Special Victims’ Counsel’ means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as ‘Victims’ Legal Counsel’.’’ NOTIFICATION OF SIGNIFICANT EVENTS AND DOCUMENTA- TION OF PREFERENCE FOR PROSECUTION JURISDICTION FOR VICTIMS OF SEXUAL ASSAULT Pub. L. 116–92, div. A, title V, § 538, Dec. 20, 2019, 133 Stat. 1363, provided that: ‘‘(a) NOTIFICATION TO VICTIMS OF EVENTS IN MILITARY JUSTICE PROCESS.— ‘‘(1) NOTIFICATION REQUIRED.—A member of the Armed Forces who is the victim of an alleged sexual assault by another member of the Armed Forces shall receive notification of each significant event in the military justice process that relates to the investiga- tion, prosecution, and confinement of such other member for such assault. ‘‘(2) DOCUMENTATION.—Appropriate documentation of each notification made pursuant to paragraph (1) shall be created and maintained in an appropriate system of records of the military department con- cerned. ‘‘(b) DOCUMENTATION OF VICTIM’S PREFERENCE FOR PROSECUTION JURISDICTION.—In the case of a member of the Armed Forces who is the victim of an alleged sex- ual assault committed by another member of the Armed Forces who is subject to prosecution for such of- fense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Jus- tice), and by a civilian court under Federal or State law, appropriate documentation of the preference, if any, of such victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule for Courts-Martial 306(e) (as set forth in the Man- ual for Courts-Martial, 2019 edition, or any successor rule), shall be created and maintained in an appro- priate system of records of the military department concerned. ‘‘(c) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall prescribe regulations imple- menting this section.’’ TRAINING FOR SPECIAL VICTIMS’ COUNSEL ON CIVILIAN CRIMINAL JUSTICE MATTERS IN THE STATES OF THE MILITARY INSTALLATIONS TO WHICH ASSIGNED Pub. L. 116–92, div. A, title V, § 550C, Dec. 20, 2019, 133 Stat. 1382, provided that: ‘‘(a) TRAINING.— ‘‘(1) IN GENERAL.—Except as provided in subsection (c), upon the assignment of a Special Victims’ Coun- sel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed de- cision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted. ‘‘(2) CRIMINAL JUSTICE MATTERS.—The criminal jus- tice matters specified in this paragraph, with respect to a State, are the following: ‘‘(A) Victim rights. ‘‘(B) Prosecution of criminal offenses. ‘‘(C) Sentencing for conviction of criminal of- fenses. ‘‘(D) Protective orders. ‘‘(b) ALLEGED SEX-RELATED OFFENSE DEFINED.—In this section, the term ‘alleged sex-related offense’ means any allegation of— ‘‘(1) a violation of section 920, 920b, 920c, or 930 of title 10, United States Code (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or ‘‘(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ‘‘(c) EXCEPTION.—The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.’’ SPECIAL VICTIMS’ COUNSEL TRAINING REGARDING THE UNIQUE CHALLENGES OFTEN FACED BY MALE VICTIMS OF SEXUAL ASSAULT Pub. L. 115–91, div. A, title V, § 536, Dec. 12, 2017, 131 Stat. 1392, provided that: ‘‘The baseline Special Vic- tims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.’’ ENHANCEMENT OF VICTIMS’ RIGHTS IN CONNECTION WITH PROSECUTION OF CERTAIN SEX-RELATED OF- FENSES Pub. L. 113–291, div. A, title V, § 534(b)–(e), Dec. 19, 2014, 128 Stat. 3367, 3368, provided that: ‘‘(b) CONSULTATION REGARDING VICTIM’S PREFERENCE IN PROSECUTION VENUE.— ‘‘(1) CONSULTATION PROCESS REQUIRED.—The Sec- retary of Defense shall establish a process to ensure consultation with the victim of an alleged sex-related offense that occurs in the United States to solicit the victim’s preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense. ‘‘(2) CONVENING AUTHORITY CONSIDERATION OF PREF- ERENCE.—The preference expressed by the victim of Page 936 TITLE 10—ARMED FORCES § 1044f an alleged sex-related offense under paragraph (1) re- garding the prosecution of the offense, while not binding, should be considered by the convening au- thority in making the determination regarding whether to refer the charge or specification for the offense to a court-martial for trial. ‘‘(3) NOTICE TO APPROPRIATE JURISDICTION OF VIC- TIM’S PREFERENCE FOR CIVILIAN PROSECUTION.—If the victim of an alleged sex-related offense expresses a preference under paragraph (1) for prosecution of the offense in a civilian court, the convening authority described in paragraph (2) shall ensure that the civil- ian authority with jurisdiction over the offense is no- tified of the victim’s preference for civilian prosecu- tion. ‘‘(4) NOTICE TO VICTIM OF STATUS OF CIVILIAN PROS- ECUTION WHEN VICTIM EXPRESSES PREFERENCE FOR CI- VILIAN PROSECUTION.—Following notification of the civilian authority with jurisdiction over an alleged sex-related offense of the preference of the victim of the offense for prosecution of the offense in a civilian court, the convening authority shall be responsible for notifying the victim if the convening authority learns of any decision by the civilian authority to prosecute or not prosecute the offence in a civilian court. ‘‘(c) MODIFICATION OF MANUAL FOR COURTS-MARTIAL.— Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], Part III of the Manual for Courts-Martial shall be modified to provide that when a victim of an alleged sex-related offense has a right to be heard in connection with the prosecution of the al- leged sex-related such offense, the victim may exercise that right through counsel, including through a Special Victims’ Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)). ‘‘(d) NOTICE TO COUNSEL ON SCHEDULING OF PRO- CEEDINGS.—The Secretary concerned shall establish policies and procedures designed to ensure that any counsel of the victim of an alleged sex-related offense, including a Special Victims’ Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)), is provided prompt and adequate notice of the scheduling of any hearing, trial, or other pro- ceeding in connection with the prosecution of such of- fense in order to permit such counsel the opportunity to prepare for such proceeding. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘alleged sex-related offense’ has the meaning given that term in section 1044e(g) [now 1044e(h)] of title 10, United States Code. ‘‘(2) The term ‘Secretary concerned’ has the mean- ing given that term in section 101(a)(9) of such title.’’ IMPLEMENTATION Pub. L. 113–66, div. A, title XVII, § 1716(a)(4), Dec. 26, 2013, 127 Stat. 969, provided that: ‘‘Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within 180 days after the date of the enactment of this Act [Dec. 26, 2013].’’ ENHANCED TRAINING REQUIREMENT Pub. L. 113–66, div. A, title XVII, § 1716(b), Dec. 26, 2013, 127 Stat. 969, provided that: ‘‘The Secretary of each military department, and the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys pro- viding legal assistance under section 1044 or 1044e of such title to support victims of alleged sex-related of- fenses.’’ § 1044f. Policies with respect to special trial counsel (a) POLICIES REQUIRED.—The Secretary of De- fense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of spe- cial trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. Subject to sub- section (c), the policies shall— (1) provide for the establishment of a dedi- cated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; (2) provide for the appointment of one lead special trial counsel, who shall— (A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; (B) be responsible for the overall super- vision and oversight of the activities of the special trial counsel of that service; and (C) report directly to the Secretary con- cerned, without intervening authority; (3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or de- tailed to the office— (A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other of- fenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and (B) conduct assigned activities free from unlawful or unauthorized influence or coer- cion; (4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and (5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. (b) UNIFORMITY.—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. (c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE AIR FORCE.—In establishing policies under subsection (a), the Secretary of Defense shall— (1) in lieu of providing for separate offices for the Air Force and Space Force under sub- section (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be super- vised and overseen; and (2) in lieu of providing for separate lead spe- cial trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall super- vision and oversight of the activities of the special trial counsel of the Department of the Air Force.