S.Amdt. 5856

SA 5856. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 552. REVIEW AND REPORT ON THE DEFINITION OF CONSENT FOR PURPOSES OF THE OFFENSES OF RAPE AND SEXUAL ASSAULT UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) Evaluation and Review.--Not later than 30 days after the date of the enactment of this Act, the Joint Service Committee on Military Justice shall commission a comprehensive evaluation and review of the definition of consent, as set forth in section 920(g)(7) of title 10, United States Code (article 120(g)(7) of the Uniform Code of Military Justice).

(b) Elements.--The review and evaluation conducted under subsection (a) shall assess how the definition of consent set forth in section 920(g)(7) of title 10, United States Code (article 120(g)(7) of the Uniform Code of Military Justice) can be--

(1) expanded to require knowledgeable and informed agreement, freely entered into, without any malicious factors or influences such as force, coercion, fear, fraud or false identity, or exploitation of a person's incapacity;

(2) enhanced through consultation with other recognized standards for the definition of such term; and

(3) clarified to state clearly that--

(A) the circumstances surrounding an incident of sexual contact are irrelevant when malicious factors induced compliance;

(B) consent for a sexual act does not constitute consent for all sexual acts; and

(C) consent is revocable by either party during sexual conduct.

(c) Report.--Not later than 180 days after the commencement of the evaluation and review under subsection (a), the Joint Service Committee on Military Justice shall submit to the congressional defense committees a report on the results of the evaluation and review.