(a) In general
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy with respect the Coast Guard, shall establish standardized policies and processes to ensure the timely review, documentation, and resolution of requests for military protective orders submitted to commanding officers of the Armed Forces.
(b) Purposes
The purposes of this section are—
to ensure prompt, consistent, and transparent decision making regarding requests for military protective orders;
to enhance the safety of individuals affected by such orders; and
to improve accountability in command actions related to such orders.
(c) Requirements
In establishing the policies and processes under subsection (a), the Secretary of Defense shall—
require that any commanding officer of the Armed Forces who receives a request for a military protective order from an individual who is eligible to request such order—
make a determination as to whether to issue such order not later than three calendar days after receipt of the request, unless the officer certifies to the Secretary that extraordinary circumstances prevent the officer from meeting that deadline;
before making such determination, seek counsel and legal review from a Staff Judge Advocate or other qualified judge advocate to inform the decision-making process; and
in the event the commander denies the request for a military protective order, provide written notification of such denial to the individual who requested the order not later than two calendar days after making the denial decision;
update Department of Defense Form 2873 (or any successor form) to reflect enhanced documentation requirements for approved and denied military protective order requests; and
require that such form be completed, maintained, and retained in accordance with applicable records management and privacy policies of the Department of Defense.
(d) Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to the Coast Guard, a report that includes—
a summary of the standardized policies and processes established under subsection (a);
a plan for the implementation of such policies and processes; and
a description of—
any revisions to Department of Defense Form 2873 and other changes to documentation procedures made as result of such policies and process; and
measures that will be implemented to ensure compliance with decision-making timelines and legal guidance requirements specified in subsection (c).
(e) Oversight and reporting
Not later than two years after the date of the enactment of this Act, and annually thereafter for seven years, the Secretary of Defense shall submit to the congressional defense committees, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to the Coast Guard, a report that includes, with respect to the year preceding the date of the report—
the number of military protective order requests received by commanding officers of the Armed Forces;
the number of military protective order requests that were approved and denied;
the average processing times for such approvals and denials; and
a description of any barriers to the timely review, documentation, and resolution of requests for military protective orders.