II 

116TH CONGRESS 

1ST SESSION S. 1526 

To enhance efforts to prevent sexual assault in the Armed Forces, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2019 

Ms. SINEMA (for herself and Ms. ERNST) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To enhance efforts to prevent sexual assault in the Armed 

Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention of Sexual 

5 Assault in the Armed Forces Act’’. 

6 SEC. 2. DEFENSE ADVISORY COMMITTEE FOR THE PREVEN7 TION OF SEXUAL MISCONDUCT. 

8 (a) ESTABLISHMENT REQUIRED.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall establish and maintain within the Department 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1526 IS

1 of Defense an advisory committee to be known as 

2 the ‘‘Defense Advisory Committee for the Prevention 

3 of Sexual Misconduct’’ (in this section referred to as 

4 the ‘‘Advisory Committee’’). 

5 (2) DEADLINE FOR ESTABLISHMENT.—The 

6 Secretary shall establish the Advisory Committee not 

7 later than 180 days after the date of the enactment 

8 of this Act. 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Advisory Committee 

11 shall consist of not more than 20 members, ap12 pointed by the Secretary from among individuals 

13 who have an expertise appropriate for the work of 

14 the Advisory Committee, including at least one indi15 vidual with each expertise as follows: 

16 (A) Expertise in the prevention of sexual 

17 assault and behaviors on the sexual assault con18 tinuum of harm. 

19 (B) Expertise in the prevention of suicide. 

20 (C) Expertise in the change of culture of 

21 large organizations. 

22 (D) Expertise in implementation science. 

23 (2) BACKGROUND OF INDIVIDUALS.—Individ24 uals appointed to the Advisory Committee may in25 clude individuals with expertise in sexual assault 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1526 IS

1 prevention efforts of institutions of higher education, 

2 public health officials, and such other individuals as 

3 the Secretary considers appropriate. 

4 (3) PROHIBITION ON MEMBERSHIP OF MEM5 BERS OF ARMED FORCES ON ACTIVE DUTY.—A 

6 member of the Armed Forces serving on active duty 

7 may not serve as a member of the Advisory Com8 mittee. 

9 (c) DUTIES.— 

10 (1) IN GENERAL.—The Advisory Committee 

11 shall advise the Secretary on the following: 

12 (A) The prevention of sexual assault (in13 cluding rape, forcible sodomy, other sexual as14 sault, and other sexual misconduct (including 

15 behaviors on the sexual assault continuum of 

16 harm)) involving members of the Armed Forces. 

17 (B) The policies, programs, and practices 

18 of each military department, each Armed Force, 

19 and each military service academy for the pre20 vention of sexual assault as described in sub21 paragraph (A). 

22 (2) BASIS FOR PROVISION OF ADVICE.—For 

23 purposes of providing advice to the Secretary pursu24 ant to this subsection, the Advisory Committee shall 

25 review, on an ongoing basis, the following: 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1526 IS

1 (A) Cases involving allegations of sexual 

2 assault described in paragraph (1). 

3 (B) Efforts of institutions of higher edu4 cation to prevent sexual assault among stu5 dents. 

6 (C) Any other information or matters that 

7 the Advisory Committee or the Secretary con8 siders appropriate. 

9 (3) COORDINATION OF EFFORTS.—In addition 

10 to the reviews required by paragraph (2), for pur11 poses of providing advice to the Secretary the Advi12 sory Committee shall also consult and coordinate 

13 with the Defense Advisory Committee on Investiga14 tion, Prosecution, and Defense of Sexual Assault in 

15 the Armed Forces (DAC–IPAD) on matters of joint 

16 interest to the two Advisory Committees. 

17 (d) ANNUAL REPORT.—Not later than March 30 

18 each year, the Advisory Committee shall submit to the 

19 Secretary and the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 activities of the Advisory Committee pursuant to this sec22 tion during the preceding year. 

23 (e) SEXUAL ASSAULT CONTINUUM OF HARM.—In 

24 this section, the term ‘‘sexual assault continuum of harm’’ 

25 includes— 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1526 IS

1 (1) inappropriate actions (such as sexist jokes), 

2 sexual harassment, gender discrimination, hazing, 

3 cyber bullying, or other behavior that contributes to 

4 a culture that is tolerant of, or increases risk for, 

5 sexual assault; and 

6 (2) maltreatment or ostracism of a victim for a 

7 report of sexual misconduct. 

8 SEC. 3. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT 

9 OF PENDENCY OF FURTHER ADMINISTRA10 TIVE ACTION FOLLOWING A DETERMINATION 

11 NOT TO REFER TO TRIAL BY COURT-MAR12 TIAL. 

13 Under regulations prescribed by the Secretary of De14 fense, upon a determination not to refer a case of alleged 

15 sexual assault for trial by court-martial under chapter 47 

16 of title 10, United States Code (the Uniform Code of Mili17 tary Justice), the commander making such determination 

18 shall periodically notify the victim of the status of a final 

19 determination on further action on such case, whether 

20 non-judicial punishment under section 815 of such title 

21 (article 15 of the Uniform Code of Military Justice), other 

22 administrative action, or no further action. Such notifica23 tions shall continue not less frequently than monthly until 

24 such final determination. 


kjohnson on DSK79L0C42 with BILLS
6 

•S 1526 IS

1 SEC. 4. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED 

2 MEMBERS OF THE ARMED FORCES AS STU3 DENTS AT LAW SCHOOLS. 

4 (a) IN GENERAL.—Chapter 101 of title 10, United 

5 States Code, is amended by inserting after section 2004 

6 the following new section: 

7 ‘‘§ 2004a. Detail as students at law schools: certain 

8 enlisted members 

9 ‘‘(a) IN GENERAL.—The Secretary of each military 

10 department may, under regulations prescribed by the Sec11 retary of Defense, detail enlisted members of the armed 

12 forces as students at accredited law schools, located in the 

13 United States, for a period of training leading to the de14 gree of bachelor of laws or juris doctor. No more than 

15 twenty-five officers from each military department may 

16 commence such training in any single fiscal year. 

17 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for 

18 detail under subsection (a), a member must be a citizen 

19 of the United States and must— 

20 ‘‘(1) as of the time training is to begin— 

21 ‘‘(A) have served on active duty for a pe22 riod of not less than four years nor more than 

23 eight years; 

24 ‘‘(B) be in pay grade E–5 or E–6; and 


kjohnson on DSK79L0C42 with BILLS
7 

•S 1526 IS

1 ‘‘(C) meet all requirements for acceptance 

2 of a commission as a commissioned officer in 

3 the armed forces; and 

4 ‘‘(2) sign an agreement that, unless sooner sep5 arated, the member will— 

6 ‘‘(A) complete the educational course of 

7 legal training; 

8 ‘‘(B) upon completion of the educational 

9 course of legal training— 

10 ‘‘(i) accept a commission as a commis11 sioned officer in the armed forces; and 

12 ‘‘(ii) accept transfer or detail as a 

13 judge advocate or law specialist within the 

14 department concerned; and 

15 ‘‘(C) agree to serve on active duty fol16 lowing completion or other termination of the 

17 educational course of legal training for a period 

18 of two years for each year or part thereof of 

19 such training. 

20 ‘‘(c) SELECTION.—Members detailed for legal train21 ing under subsection (a) shall be selected on a competitive 

22 basis by the Secretary of the military department con23 cerned, under the regulations required by subsection (a). 

24 ‘‘(d) SERVICE AND SERVICE OBLIGATIONS.—(1) Ex25 cept as provided in paragraph (2), any service obligation 


kjohnson on DSK79L0C42 with BILLS
8 

•S 1526 IS

1 incurred by a member under an agreement entered into 

2 under subsection (b) shall be in addition to any service 

3 obligation incurred by the member under any other provi4 sion of law or agreement. 

5 ‘‘(2)(A) A member who does not successfully com6 plete a course of legal training to which detailed pursuant 

7 to this section shall cease such detail and return to the 

8 armed force concerned as an enlisted member. 

9 ‘‘(B) Any time of a member described by subpara10 graph (A) in a course of legal training described in that 

11 subparagraph shall not count toward satisfaction of any 

12 period of service required under the current contract or 

13 agreement of the member for enlistment in the armed 

14 forces. 

15 ‘‘(e) LIMITATION ON NUMBER DETAILABLE.—The 

16 aggregate number of enlisted members detailed under this 

17 section and commissioned officers detailed under section 

18 2004 of this title in any fiscal year by a Secretary of a 

19 military department may not exceed 25. 

20 ‘‘(f) OTHER ADMINISTRATIVE MATTERS.—Sub21 sections (d) and (f) of section 2004 of this title shall apply 

22 to the detail of members under this section, except that 

23 any reference in such section to an ‘officer’ shall be 

24 deemed to be a reference to an ‘enlisted member’ for such 

25 purposes.’’. 


kjohnson on DSK79L0C42 with BILLS
9 

•S 1526 IS

1 (b) CONFORMING AMENDMENTS.— 

2 (1) IN GENERAL.—Section 2004 of such title is 

3 amended— 

4 (A) in subsection (a), by striking the sec5 ond sentence; and 

6 (B) in subsection (f)— 

7 (i) by inserting ‘‘(1)’’ after ‘‘(f)’’; and 

8 (ii) by adding at the end the following 

9 new paragraph: 

10 ‘‘(2) The aggregate number of commissioned officers 

11 detailed under this section and enlisted members detailed 

12 under section 2004s of this title in any fiscal year by a 

13 Secretary of a military department may not exceed 25.’’. 

14 (2) HEADING AMENDMENT.—The heading of 

15 section 2004 of such title is amended to read as fol16 lows: 

17 ‘‘§ 2004. Detail as students at law schools: commis18 sioned officers’’. 

19 (c) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 101 of such title is amended 

21 by striking the item relating to section 2004 and inserting 

22 the following new items: 

‘‘2004. Detail as students at law schools: commissioned officers. 

‘‘2004a. Detail as students at law schools: certain enlisted members.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS