[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3216 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3216

 To enhance efforts to prevent sexual assault in the Armed Forces, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2019

Mrs. Trahan (for herself, Mr. Turner, and Mr. Cisneros) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To enhance efforts to prevent sexual assault in the Armed Forces, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Sexual Assault in the 
Armed Forces Act''.

SEC. 2. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL 
              MISCONDUCT.

    (a) Establishment Required.--
            (1) In general.--The Secretary of Defense shall establish 
        and maintain within the Department of Defense an advisory 
        committee to be known as the ``Defense Advisory Committee for 
        the Prevention of Sexual Misconduct'' (in this section referred 
        to as the ``Advisory Committee'').
            (2) Deadline for establishment.--The Secretary shall 
        establish the Advisory Committee not later than 180 days after 
        the date of the enactment of this Act.
    (b) Membership.--
            (1) In general.--The Advisory Committee shall consist of 
        not more than 20 members, appointed by the Secretary from among 
        individuals who have an expertise appropriate for the work of 
        the Advisory Committee, including at least one individual with 
        each expertise as follows:
                    (A) Expertise in the prevention of sexual assault 
                and behaviors on the sexual assault continuum of harm.
                    (B) Expertise in the prevention of suicide.
                    (C) Expertise in trauma and trauma symptoms.
                    (D) Expertise in the change of culture of large 
                organizations.
                    (E) Expertise in implementation science.
            (2) Background of individuals.--Individuals appointed to 
        the Advisory Committee may include individuals with expertise 
        in sexual assault prevention efforts of institutions of higher 
        education, public health officials, and such other individuals 
        as the Secretary considers appropriate.
            (3) Prohibition on membership of members of armed forces on 
        active duty.--A member of the Armed Forces serving on active 
        duty may not serve as a member of the Advisory Committee.
    (c) Duties.--
            (1) In general.--The Advisory Committee shall advise the 
        Secretary on the following:
                    (A) The prevention of sexual assault (including 
                rape, forcible sodomy, other sexual assault, and other 
                sexual misconduct (including behaviors on the sexual 
                assault continuum of harm)) involving members of the 
                Armed Forces.
                    (B) The policies, programs, and practices of each 
                military department, each Armed Force, and each 
                military service academy for the prevention of sexual 
                assault as described in subparagraph (A).
            (2) Basis for provision of advice.--For purposes of 
        providing advice to the Secretary pursuant to this subsection, 
        the Advisory Committee shall review, on an ongoing basis, the 
        following:
                    (A) Closed cases involving allegations of sexual 
                assault described in paragraph (1).
                    (B) Efforts of institutions of higher education to 
                prevent sexual assault among students.
                    (C) Any other information or matters that the 
                Advisory Committee or the Secretary considers 
                appropriate.
            (3) Coordination of efforts.--In addition to the reviews 
        required by paragraph (2), for purposes of providing advice to 
        the Secretary, the Advisory Committee shall also consult and 
        coordinate with the Defense Advisory Committee on 
        Investigation, Prosecution, and Defense of Sexual Assault in 
        the Armed Forces (DAC-IPAD) on matters of joint interest to the 
        two Advisory Committees.
    (d) Annual Report.--Not later than March 30 each year, the Advisory 
Committee shall submit to the Secretary and the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
activities of the Advisory Committee pursuant to this section during 
the preceding year.
    (e) Sexual Assault Continuum of Harm.--In this section, the term 
``sexual assault continuum of harm'' includes--
            (1) inappropriate actions (such as sexist jokes), sexual 
        harassment, gender discrimination, hazing, cyber bullying, or 
        other behavior that contributes to a culture that is tolerant 
        of, or increases risk for, sexual assault; and
            (2) maltreatment or ostracism of a victim for a report of 
        sexual misconduct.
    (f) Termination.--
            (1) In general.--Except as provided in paragraph (2), the 
        Advisory Committee shall terminate on the date that is five 
        years after the date of the establishment of the Advisory 
        Committee pursuant to subsection (a).
            (2) Continuation.--The Secretary of Defense may continue 
        the Advisory Committee after the termination date applicable 
        under paragraph (1) if the Secretary determines that 
        continuation of the Advisory Committee after that date is 
        advisable and appropriate. If the Secretary determines to 
        continue the Advisory Committee after that date, the Secretary 
        shall notify the Committees on the Armed Services of the Senate 
        and House of Representatives.

SEC. 3. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PENDENCY OF 
              FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION 
              NOT TO REFER TO TRIAL BY COURT-MARTIAL.

    Under regulations prescribed by the Secretary of Defense, upon a 
determination not to refer a case of alleged sexual assault for trial 
by court-martial under chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), the commander making such 
determination shall periodically notify the victim of the status of a 
final determination on further action on such case, whether non-
judicial punishment under section 815 of such title (article 15 of the 
Uniform Code of Military Justice), other administrative action, or no 
further action. Such notifications shall continue not less frequently 
than monthly until such final determination.

SEC. 4. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE ARMED 
              FORCES AS STUDENTS AT LAW SCHOOLS.

    (a) In General.--Chapter 101 of title 10, United States Code, is 
amended--
            (1) by redesignating sections 2004a and 2004b as sections 
        2004b and 2004c, respectively; and
            (2) by inserting after section 2004 the following new 
        section:
``Sec. 2004a. Detail as students at law schools: certain enlisted 
              members
    ``(a) In General.--The Secretary of each military department may, 
under regulations prescribed by the Secretary of Defense, detail 
enlisted members of the armed forces as students at accredited law 
schools, located in the United States, for a period of training leading 
to the degree of bachelor of laws or juris doctor. No more than twenty-
five officers from each military department may commence such training 
in any single fiscal year.
    ``(b) Eligibility for Detail.--To be eligible for detail under 
subsection (a), a member must be a citizen of the United States and 
must--
            ``(1) as of the time training is to begin--
                    ``(A) have served on active duty for a period of 
                not less than four years nor more than eight years;
                    ``(B) be in pay grade E-5 or E-6; and
                    ``(C) meet all requirements for acceptance of a 
                commission as a commissioned officer in the armed 
                forces; and
            ``(2) sign an agreement that, unless sooner separated, the 
        member will--
                    ``(A) complete the educational course of legal 
                training;
                    ``(B) upon completion of the educational course of 
                legal training--
                            ``(i) accept a commission as a commissioned 
                        officer in the armed forces; and
                            ``(ii) accept transfer or detail as a judge 
                        advocate or law specialist within the 
                        department concerned; and
                    ``(C) agree to serve on active duty following 
                completion or other termination of the educational 
                course of legal training for a period of two years for 
                each year or part thereof of such training.
    ``(c) Selection.--Members detailed for legal training under 
subsection (a) shall be selected on a competitive basis by the 
Secretary of the military department concerned, under the regulations 
required by subsection (a).
    ``(d) Service and Service Obligations.--(1) Except as provided in 
paragraph (2), any service obligation incurred by a member under an 
agreement entered into under subsection (b) shall be in addition to any 
service obligation incurred by the member under any other provision of 
law or agreement.
    ``(2)(A) A member who does not successfully complete a course of 
legal training to which detailed pursuant to this section shall cease 
such detail and return to the armed force concerned as an enlisted 
member.
    ``(B) Any time of a member described by subparagraph (A) in a 
course of legal training described in that subparagraph shall not count 
toward satisfaction of any period of service required under the current 
contract or agreement of the member for enlistment in the armed forces.
    ``(e) Limitation on Number Detailable.--The aggregate number of 
enlisted members detailed under this section and commissioned officers 
detailed under section 2004 of this title in any fiscal year by a 
Secretary of a military department may not exceed 25.
    ``(f) Other Administrative Matters.--Subsections (d) and (f) of 
section 2004 of this title shall apply to the detail of members under 
this section, except that any reference in such section to an `officer' 
shall be deemed to be a reference to an `enlisted member' for such 
purposes.''.
    (b) Conforming Amendments.--
            (1) In general.--Section 2004 of such title is amended--
                    (A) in subsection (a), by striking the second 
                sentence; and
                    (B) in subsection (f)--
                            (i) by inserting ``(1)'' after ``(f)''; and
                            (ii) by adding at the end the following new 
                        paragraph:
    ``(2) The aggregate number of commissioned officers detailed under 
this section and enlisted members detailed under section 2004a of this 
title in any fiscal year by a Secretary of a military department may 
not exceed 25.''.
            (2) Heading amendment.--The heading of section 2004 of such 
        title is amended to read as follows:
``Sec. 2004. Detail as students at law schools: commissioned 
              officers''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 101 of such title is amended by striking the item relating to 
section 2004 and inserting the following new items:

``2004. Detail as students at law schools: commissioned officers.
``2004a. Detail as students at law schools: certain enlisted members.
``2004b. Detail of commissioned officers as students at medical 
                            schools.
``2004c. Detail of commissioned officers as students at schools of 
                            psychology.''.
                                 <all>