I 
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 Representa-
tives 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 PREVEN-
TION OF SEXUAL MISCONDUCT. 
(a) ESTABLISHMENT REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish and maintain within the Department 
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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, ap-
pointed by the Secretary from among individuals 
who have an expertise appropriate for the work of 
the Advisory Committee, including at least one indi-
vidual with each expertise as follows: 
(A) Expertise in the prevention of sexual 
assault and behaviors on the sexual assault con-
tinuum of harm. 
(B) Expertise in the prevention of suicide. 
(C) Expertise in trauma and trauma symp-
toms. 
(D) Expertise in the change of culture of 
large organizations. 
(E) Expertise in implementation science. 
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(2) BACKGROUND
OF
INDIVIDUALS.—Individ-
uals appointed to the Advisory Committee may in-
clude 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
MEM-
BERS
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 Com-
mittee. 
(c) DUTIES.— 
(1) IN
GENERAL.—The Advisory Committee 
shall advise the Secretary on the following: 
(A) The prevention of sexual assault (in-
cluding rape, forcible sodomy, other sexual as-
sault, 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 pre-
vention of sexual assault as described in sub-
paragraph (A). 
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(2) BASIS
FOR
PROVISION
OF
ADVICE.—For 
purposes of providing advice to the Secretary pursu-
ant 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 edu-
cation to prevent sexual assault among stu-
dents. 
(C) Any other information or matters that 
the Advisory Committee or the Secretary con-
siders appropriate. 
(3) COORDINATION OF EFFORTS.—In addition 
to the reviews required by paragraph (2), for pur-
poses of providing advice to the Secretary, the Advi-
sory Committee shall also consult and coordinate 
with the Defense Advisory Committee on Investiga-
tion, 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 
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activities of the Advisory Committee pursuant to this sec-
tion 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 para-
graph (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 ter-
mination date applicable under paragraph (1) if the 
Secretary determines that continuation of the Advi-
sory Committee after that date is advisable and ap-
propriate. If the Secretary determines to continue 
the Advisory Committee after that date, the Sec-
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retary shall notify the Committees on the Armed 
Services of the Senate and House of Representa-
tives. 
SEC. 3. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT 
OF PENDENCY OF FURTHER ADMINISTRA-
TIVE ACTION FOLLOWING A DETERMINATION 
NOT TO REFER TO TRIAL BY COURT-MAR-
TIAL. 
Under regulations prescribed by the Secretary of De-
fense, 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 Mili-
tary 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 notifica-
tions 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 STU-
DENTS AT LAW SCHOOLS. 
(a) IN GENERAL.—Chapter 101 of title 10, United 
States Code, is amended— 
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(1) by redesignating sections 2004a and 2004b 
as sections 2004b and 2004c, respectively; and 
(2) by inserting after section 2004 the following 
new section: 
‘‘§ 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 Sec-
retary 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 de-
gree 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 pe-
riod 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 
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‘‘(2) sign an agreement that, unless sooner sep-
arated, 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 commis-
sioned 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 fol-
lowing 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 train-
ing under subsection (a) shall be selected on a competitive 
basis by the Secretary of the military department con-
cerned, under the regulations required by subsection (a). 
‘‘(d) SERVICE AND SERVICE OBLIGATIONS.—(1) Ex-
cept 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 
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obligation incurred by the member under any other provi-
sion of law or agreement. 
‘‘(2)(A) A member who does not successfully com-
plete 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 subpara-
graph (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.—Sub-
sections (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.— 
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(1) IN GENERAL.—Section 2004 of such title is 
amended— 
(A) in subsection (a), by striking the sec-
ond 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 fol-
lows: 
‘‘§ 2004. Detail as students at law schools: commis-
sioned 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.’’. 
Æ 
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