[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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