Prevention of Sexual Assault in the Armed Forces Act
This bill addresses sexual assault in the armed forces. It directs the Department of Defense to establish a Defense Advisory Committee for the Prevention of Sexual Misconduct.
Upon a determination not to refer a case of alleged sexual assault for trial by court-martial, the commander making such determination shall notify the victim, at least monthly, of the status of further action.
The bill also allows each military department to detail certain enlisted members meeting requirements for acceptance of a commission as commissioned officers as students at accredited U.S. law schools for a period of legal training leading to a law degree. A service member agreeing to such training will, upon completion, accept a commission as a judge advocate or law specialist. Selections shall be on a competitive basis for active duty for a two-year period (in addition to any other service obligation).
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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