S.Amdt. 5542

1. Adds SEC. 587. REPORT ON 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. REPORT ON POLICIES AND PRACTICES OF THE ARMED FORCES REGARDING PREVENTION AND RESPONSE TO SEXUAL ASSAULT AND RAPE.

   Inserted: (a) Views on Establishment of Certain Requirements Relating to Prevention and Response to Sexual Assault and Rape.--

   Inserted: (1) Reports to secretary of defense.--Not later than June 1, 2009, each Secretary of a military department shall submit to the Secretary of Defense a report providing views on the establishment for each Armed Force under the jurisdiction of such Secretary of a military department of the following:

   Inserted: (A) A requirement that military commanders report on the outcomes of cases of sexual assault and rape in units under their command, including--

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

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

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

   Inserted: (B) A requirement that military protective orders be classified as standing military orders, with such orders to be overturned only after an investigation has occurred and appropriate command authorities have completely adjudicated allegations.

   Inserted: (C) A requirement for 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: (D) A requirement 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.

   Inserted: (2) Transmittal to congress.--The Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives the reports submitted to the Secretary under paragraph (1). In transmitting such reports, the Secretary shall include an analysis by the Secretary of the information contained in such reports.

   Inserted: (b) Reports on Policies To Increase and Encourage the Prevention, Investigation, and Prosecution of Sexual Assault and Rape.--

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   Inserted: (1) Reports to secretary of defense.--Not later than six months after the date of the enactment of this Act, each Secretary of a military department shall submit to the Secretary of Defense a report on the policies of the Armed Force or Armed Forces under the jurisdiction of such Secretary of a military department to increase and encourage the prevention, investigation, and prosecution of cases of sexual assault and rape in the Armed Forces.

   Inserted: (2) Elements.--Each report required by paragraph (1) shall include 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 advocates.

   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) The feasability of 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.

   Inserted: (G) Any initiatives for improved oversight of existing programs of the Armed Forces on prevention and response to sexual assault and rape, including--

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

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

   Inserted: (H) Plans 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: (I) Recommendations for--

   Inserted: (i) 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; and

   Inserted: (ii) means of eliminating the barriers identified under that paragraph; and

   Inserted: (iii) such other matters as the Secretary of the military department concerned considers appropriate.

   Inserted: (3) Transmittal to congress.--The Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives the reports submitted to the Secretary under paragraph (1). In transmitting such reports, the Secretary shall include an analysis by the Secretary of the information contained in such reports.

   Original wording

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

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As printed