S.Amdt. 5399

1. Adds SEC. 587. IMPROVEMENT OF POLICIES AND PRACTICES OF THE ARMED FORCES REGARDING PREVENTION AND RESPONSE TO SEXUAL ASSAULT AND RAPE at the end of subtitle G of title V

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   "(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.".

   Inserted: SEC. 587. IMPROVEMENT OF POLICIES AND PRACTICES OF THE ARMED FORCES REGARDING PREVENTION AND RESPONSE TO SEXUAL ASSAULT AND RAPE.

   Inserted: (a) Strategy to Encourage Investigation and Prosecution of Cases.--

   Inserted: (1) In general.--Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall develop a comprehensive strategy to increase and encourage the prevention, investigation, and prosecution of cases of sexual assault and rape in the Armed Forces.

   Inserted: (2) Basis for strategy.--The strategy required by paragraph (1) shall be based on the following:

   Inserted: (A) An analysis of trends in the prevention and reporting of cases of sexual assaults and rape in the Armed Forces.

   Inserted: (B) A review of current training methods for all personnel involved in military investigations of cases of sexual assault and rape in the Armed Forces, including judge advocate general staff.

   Inserted: (C) A review of the capacity of the legal infrastructure of the Armed Forces to investigate and prosecute effectively cases of sexual assault in the Armed Forces.

   Inserted: (D) An identification and analysis of any additional barriers, such as the availability of staff and the adequacy of resources, on military installations and facilities in the United States and abroad, and in theaters of operations, to conduct effective investigations of cases of sexual assault and rape in the Armed Forces.

   Inserted: (E) A review of the disposition of cases of sexual assault and rape in the Armed Forces.

   Inserted: (F) Such other matters as the Secretary considers appropriate.

   Inserted: (3) Elements.--The strategy required by paragraph (1) shall include the following:

   Inserted: (A) Guidelines for expanding, enhancing, and developing programs for the Armed Forces on prevention and response to sexual assault and rape that use proven best-practice methods, support victims of sexual assault or rape, and focus on creating a culture with zero tolerance for sexual assault and rape.

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   Inserted: (B) A plan for increased oversight of existing programs of the Armed Forces on prevention and response to sexual assault and rape, including the establishment of--

   Inserted: (i) performance metrics to evaluate the effectiveness of such programs; and

   Inserted: (ii) a timeline for the implementation of such metrics.

   Inserted: (C) In light of the review under paragraph (2)(B), recommendations for improvements to training described in that paragraph, and a timeline for the implementation of new training methods as a result of such review.

   Inserted: (D) A plan for increased communication and data sharing between the Sexual Assault Prevention and Response Office and other components of the Armed Forces, on the one hand, and the Department of Defense, on the other, to enhance coordination and oversight of cases of sexual assault and rape in the Armed Forces as such cases move through the legal process.

   Inserted: (E) In light of the review under paragraph (2)(C), recommendations for improvements to the legal infrastructure of the Armed Forces to ensure that the capacity of such infrastructure is adequate to meet the needs of victims of sexual assault in the Armed Forces.

   Inserted: (F) In light of the review under paragraph (2)(D), recommendations for ways to eliminate the barriers identified under that paragraph.

   Inserted: (G) Such other matters as the Secretary considers appropriate.

   Inserted: (b) Policies Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe policies for the Armed Forces as follows:

   Inserted: (1) To require military commanders to report on the outcomes of cases of sexual assault and rape in units under their command, including--

   Inserted: (A) a description of the actions taken to punish assailants;

   Inserted: (B) a description of any retaliatory measures experienced by victims; and

   Inserted: (C) a detailed justification for disposing of such cases through nonjudicial punishment or other administrative actions.

   Inserted: (2) To classify a military protective order as a standing military order, with such order to be overturned only after an investigation has occurred and appropriate command authorities have completely adjudicated allegations.

   Inserted: (3) To require notification to appropriate local civilian law enforcement agencies on any military protective order issued at a military installation to provide continuity of protection to victims of sexual assault or rape in the Armed Forces.

   Inserted: (4) To require that each member of the Armed Forces who has notified the member's command that the member has been sexually assaulted or raped is afforded an opportunity to be transferred to another unit if a military protective order is issued.

   Original wording

   At the end of subtitle G of title V, add the following:

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As printed