Sec. 550B. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT
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## SEC. 550B DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** ###
(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 one year 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 adverse behaviors, including the prevention of suicide and the prevention of substance abuse. #####
(C)Expertise in the change of culture of large organizations. #####
(D)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, including the United States Coast Guard 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)Efforts among private employers to prevent sexual assault and sexual harassment among their employees. #####
(D)Evidence-based studies on the prevention of sexual assault and sexual harassment in the Armed Forces, institutions of higher education, and the private sector. #####
(E)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)Advisory Duties on Coast Guard Academy In providing advice under subsection (c)(1)(B), the Advisory Committee shall also advise the Secretary of the Department in which the Coast Guard is operating in accordance with this section on policies, programs, and practices of the United States Coast Guard Academy. ###
(e)Annual Report Not later than March 30 each year, the Advisory Committee shall submit to the Secretary and the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year. The report in 2021 shall also include the following: ####
(1)A description and assessment of the extent and effectiveness of the inclusion by the Armed Forces of sexual assault prevention and response training in leader professional military education (PME), especially in such education for personnel in junior noncommissioned officer grades. ####
(2)An assessment of the feasibility of— #####
(A)the screening before entry into military service of recruits who may have been the subject or perpetrator of prior incidents of sexual assault and harassment, including through background checks; and #####
(B)the administration of screening tests to recruits to assess recruit views and beliefs on equal opportunity, and whether such views and beliefs are compatible with military service. ####
(3)An assessment of the feasibility of conducting exit interviews of members of the Armed Forces upon their discharge release from the Armed Forces in order to determine whether they experienced or witnessed sexual assault or harassment during military service and did not report it, and an assessment of the feasibility of combining such exit interviews with the Catch a Serial Offender (CATCH) Program of the Department of Defense. ####
(4)An assessment whether the sexual assault reporting databases of the Department are sufficiently anonymized to ensure privacy while still providing military leaders with the information as follows: #####
(A)The approximate length of time the victim and the assailant had been at the duty station at which the sexual assault occurred. #####
(B)The percentage of sexual assaults occurring while the victim or assailant were on temporary duty, leave, or otherwise away from their permanent duty station. #####
(C)The number of sexual assaults that involve an abuse of power by a commander or supervisor. ###
(f)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. ###
(g)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 Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives9. 9Section 535(4) of Public Law 116–283 amended subsection (g)(2) (as redesignated) by striking “the Committees on Armed Services of the Senate and the House of Representatives” and inserting “the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives”. The phrase “the Committees on Armed Services...” probably should have been made to “the Committees on [the] Armed Services...” in the matter being struck, however, such amendment was executed above in order to effectuate the probable intent of Congress.
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Sec. 550B
DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL MISCONDUCT
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