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The Pentagon disclosed Thursday that there has been a surge in reports of sexual assault this year 鈥� an increase of nearly 50 percent compared with the same time period last year.

This could be either good news or very bad news for the Pentagon, depending on how US lawmakers interpret the upswing.

Military officials who have long been grappling with the problem of sexual assault within the ranks 鈥� and promising Congress they will do better 鈥� no doubt hope that lawmakers see it as a sign of victims鈥� increased confidence in a system that is encouraging them to come forward.

A number of Pentagon officials have cautioned that such a spike in reports is just what they expect to see as they take steps to protect US troops who say they鈥檝e been raped from what such troops often describe as a brutal military justice process.

But lawmakers say they鈥檙e losing patience with the Pentagon, and they may be less inclined to view the spike in reports charitably.

Earlier this week, a bipartisan group of senators gathered to call for a change in the way the US military prosecutes sexual assault. They鈥檙e proposing legislation mandating that instead of commanders deciding whether a rape charge has merit and should move forward, an independent judiciary will.

Such a change to the military鈥檚 chain of command would be unprecedented. The Pentagon opposes it, saying that taking any authority away from commanders would undermine good order and discipline.

Lawmakers and retired military officers who gathered at a press conference Wednesday on Capitol Hill to announce the Military Justice Improvement Act said they were unimpressed by this argument.

鈥淐ommanders hold all the cards as to whether a case will move forward or not,鈥� said Sen. Kirsten Gillibrand (D) of New York, who is sponsoring the legislation. 鈥淲ith 26,000 cases of sexual assaults, rapes, and unwanted sexual contact last year alone, we don鈥檛 have the good order and discipline that our military needs.鈥�

The proposed bill does, however, make some concessions to commanders鈥� concerns. It does not remove from the chain of command 37 crimes that are unique to the military 鈥� such as insubordination or going absent without leave (AWOL). It also doesn鈥檛 remove all crimes that are punishable by less than one year of confinement.

The legislation is necessary because military commanders have not kept the promises they have made to Congress, says Sen. Lisa Murkowski (R) of Alaska.

鈥淚 have heard it, and I think my colleagues have heard it, from every single general that has chosen to visit within the past six months 鈥� that 'we鈥檝e had our eyes wide open.' Well, they鈥檝e had their eyes wide open now for 20 years,鈥� she said. The Defense Department鈥檚 鈥渢ime to solve the problem on its own has expired.鈥�

Sen. Rand Paul (R) of Kentucky, who was also at the press conference, said it was an easy decision for him to support the bill. 鈥淭o me, it鈥檚 as simple as this: Should you have to report to your boss when you鈥檝e been abused or when you鈥檝e been a victim of a crime? Nowhere in America would you report that to your boss.鈥�

Senators pointed, too, to comments made by the current nominee to be undersecretary of the Navy, Jo Ann Rooney. In written testimony ahead of her confirmation hearing last month, she addressed the potential changes to reporting sexual assaults.

On Wednesday, Sen. Barbara Boxer (D) of California cited the comments, quoting Ms. Rooney. 鈥淗ere鈥檚 what she said:... 鈥楢 judge advocate outside the chain of command鈥� 鈥� that鈥檚 what we call for 鈥� 鈥榳ill be looking at a case through a different lens than a military commander.鈥� And she goes on, 鈥業 believe the impact would be decisions based on evidence rather than the interest in preserving good order and discipline,鈥� 鈥� Senator Boxer read.

鈥淵ou know, every once in a while, someone without trying to says something that鈥檚 absolutely true,鈥� said Boxer, who called Rooney鈥檚 comments 鈥渟hocking.鈥�

Some lawmakers say they will not support the legislation, including Sen. Carl Levin (D) of Michigan, chairman of the Senate Armed Services Committee. Sen. Lindsey Graham (R) of South Carolina told Politico that he would do 鈥渨hatever it takes鈥� to block it.

This includes a filibuster, which would mean the bill would require 60 votes to pass, instead of a simple majority of 51. The legislation currently has 45 supporters.

鈥淚鈥檓 dead set against taking this out of the chain of command,鈥� Senator Graham said. 鈥淵ou can鈥檛 fix any problem in the military where you exclude the commander.鈥�

Graham instead announced Tuesday that he is cosponsoring legislation, which also has the support of Boxer and others, to overhaul a key pretrial process in the military justice system known as Article 32.

An Article 32 hearing is akin to a mini-trial, in which an officer listens to the prosecution and defense to determine whether a case should proceed.

The problem is that there are few restrictions on how military lawyers conduct themselves, Boxer said. 鈥淩ight now there鈥檚 no restrictions.... You can go on a fishing expedition and you can do whatever you want, and there鈥檚 no boundaries.鈥�

The new bill would allow victims to file sworn statements, instead of being required to appear in the preliminary trial process.

This would be a helpful development, Eleanor Smeal, president of Feminist Majority, told Politico. 鈥淭hese pretrial hearings are pretty disgraceful,鈥� she said. 鈥淚t鈥檚 another way of wearing down the victim 鈥� and basically denying her even a trial if she reports.鈥�

The key, lawmakers and others stress, will be changing attitudes still pervasive in the military.

During the Capitol Hill press conference Wednesday, Ben Klay, a former officer in the Marine Corps, recalled that when he was deployed to Iraq, he was focused on fighting and considered legal issues raised by those under his command a 鈥渄ivisive鈥� distraction that 鈥渢ore up units.鈥�

Then his wife and fellow officer Ariana Klay volunteered for a deployment to Afghanistan to avoid the climate of harassment that she says she felt on the job at the Marine Barracks in Washington, D.C.

Her request to go to war was denied, because her commanders deemed her too crucial to the command. Six months later, she says, she was assaulted.

鈥淲hen Ariana reported her assault, I learned how this denial works,鈥� Mr. Klay told reporters. 鈥淚 read her commander鈥檚 conclusions in writing that she deserved ill-treatment for wearing running shorts and makeup.鈥�

The assault trial 鈥減ut Ariana through over 15 hours of degrading testimony after a year of retaliation and intimidation,鈥� he said, recalling the prosecution鈥檚 closing statement, which included the Marine officer reading aloud the definitions of words like 鈥渨hore鈥� and 鈥渟lut鈥� and implying that his wife fit the descriptions.

That鈥檚 when his attitude changed. Before, legal issues 鈥渕ade me resent those who brought them to my attention,鈥� he said. 鈥淚 used to feel a commander鈥檚 disinterest in the law, too.鈥�