[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1966
To amend title 10, United States Code, to increase transparency and
reporting on sexual violence in the Junior Reserve Officers' Training
Corps Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2023
Ms. Warren (for herself, Mr. Sanders, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to increase transparency and
reporting on sexual violence in the Junior Reserve Officers' Training
Corps Program, 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 ``Junior Reserve Officers' Training
Corps Safety Act of 2023''.
SEC. 2. JROTC PROGRAM CERTIFICATION.
Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i)(1) The Secretary of Defense shall permanently suspend any
Junior Reserve Officers' Training Corps unit that fails to notify the
Department of Defense and the Department of Education of allegations
that an instructor sexually harassed or assaulted a student
participating in the Junior Reserve Officers' Training Corps within 48
hours after the institution is notified of the allegation.
``(2) The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives an annual report including information on
units suspended pursuant to this subsection and a justification for the
reinstatement of any such unit.''.
SEC. 3. DEPARTMENT OF DEFENSE CLIMATE SURVEYS.
Section 481 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``four surveys''
and inserting ``five surveys''; and
(B) in paragraph (2)--
(i) by striking ``four surveys'' and
inserting ``five surveys''; and
(ii) by adding at the end the following new
subparagraphs:
``(E) To identify and assess gender issues and
discrimination among members of the Junior Reserve Officers'
Training Corps and the Senior Reserve Officers' Training Corps.
``(F) To identify and assess disability issues and
discrimination among members of the Armed Forces serving on
active duty.
``(G) To identify and assess disability issues and
discrimination among members of the Armed Forces serving in the
reserve components.
``(H) To identify and assess racial and ethnic issues and
discrimination among members of the Junior Reserve Officers'
Training Corps and the Senior Reserve Officers' Training Corps.
``(I) To identify and assess disability issues and
discrimination among members of the Junior Reserve Officers'
Training Corps and the Senior Reserve Officers' Training
Corps.''; and
(2) in subsection (e), by inserting ``and publish on a
publicly accessible website of the Department'' after ``the
Secretary shall submit to Congress''.
SEC. 4. PROGRAM INSPECTIONS.
Section 2031(b) of title 10, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (5) as paragraph (8); and
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) the institution has been inspected and approved by
the military department concerned in the previous 18 months;
``(6) the military department concerned certifies that--
``(A) the institution--
``(i) has created a process for students to
report violations of their rights under title
IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.),
and section 504 of the Rehabilitation Act (29
U.S.C. 794), including the rights of students
to not be subject to discrimination or subject
to retaliation for reporting a violation of
those laws; and
``(ii) has notified the students and
instructors of those rights and the process for
reporting violations of those rights, including
information on available reporting options,
including mandatory reporters, and available
supportive measures to ensure students have
access to any accommodations needed in the
aftermath of experiencing discrimination; and
``(B) the unit includes biannual training to inform
students of methods to prevent, respond to, and report
sexual assault and harassment;
``(7) the institution agrees to report all allegations of
violations described under paragraph (6)(A) to the military
department concerned and the Department of Education's Office
for Civil Rights not less than annually; and''.
SEC. 5. ANNUAL REPORT ON ALLEGATIONS OF DISCRIMINATION AND SEX-BASED
HARASSMENT IN JROTC PROGRAMS.
Section 2031 of title 10, United States Code, as amended by section
2 of this Act, is further amended by adding at the end the following
new subsection:
``(j)(1) Not later than March 31 each year, the Secretary of
Defense and the Secretary of Education shall submit to the appropriate
congressional committees a report on allegations of sex-based
harassment (including sexual harassment, sexual assault, domestic
violence, dating violence, and stalking) and discriminatory harassment
based on disability, race, color, national origin, and other sex-based
harassment, including sexual orientation, gender identity, transgender
status, pregnancy, and related medical conditions in all JROTC programs
during the preceding year.
``(2) Each report required under paragraph (1) shall set forth the
following:
``(A) The number of reported allegations of a possible
violation under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) in school-affiliated JROTC programs,
including--
``(i) the number of such reported allegations that
were investigated;
``(ii) the outcome of those investigations;
``(iii) the number of allegations the Department of
Defense, military services, or Department of Education
received directly from students or third parties,
including whether the individual making the report
raised concerns that the institution had not properly
investigated the incident or reported it to proper
authorities within and outside of the school on any
initial allegation that was reported to the
institution; and
``(iv) the number of such reported allegations by
State, including the District of Columbia, Puerto Rico,
American Samoa, Guam, Northern Mariana Islands, and
United States Virgin Islands, in which these reports
occurred.
``(B) The number of reports that the Department of Defense,
military services, or Department of Education have received
during the reporting period involving allegations of sex-based
harassment (including sexual harassment, sexual assault,
domestic violence, dating violence, and stalking), harassment
based on disability, race, color, national origin, and other
sex-based harassment, including sexual orientation, gender
identity, transgender status, pregnancy and related medical
conditions, by instructors against students in the JROTC
program, including--
``(i) the type of incident;
``(ii) the military service;
``(iii) the number of instructors and number of
allegations they each received;
``(iv) the number of reports of sex-based
harassment (including sexual harassment, sexual
assault, domestic violence, dating violence, and
stalking), harassment based on disability, race, color,
national origin, and other sex-based harassment,
including sexual orientation, gender identity,
transgender status, pregnancy and related medical
conditions, that have been investigated;
``(v) the number of reports or investigations that
have led to the removal of instructors from JROTC
programs;
``(vi) the number of allegations the Department of
Defense received directly from students or third
parties, including whether the individual making the
report raised concerns the institution had not properly
investigated the incident or reported it to proper
authorities within and outside of the school on any
initial allegation that was reported to the
institution; and
``(vii) the number of such reported allegations by
State, including the District of Columbia, in which
these reports occurred.
``(C) The number of reports that the Department of Defense,
military services, or Department of Education have received
during the reporting period involving allegations of sex-based
harassment (including sexual harassment, sexual assault,
domestic violence, dating violence, and stalking), harassment
based on disability, race, color, national origin, and other
sex-based harassment, including sexual orientation, gender
identity, transgender status, pregnancy, and related medical
conditions, by students against students in the JROTC program,
including--
``(i) the type of incident;
``(ii) the military service;
``(iii) the number of students who were alleged to
have committed such acts and the number of allegations
that each student received;
``(iv) the number of reports of sex-based
harassment (including sexual harassment, sexual
assault, domestic violence, dating violence, and
stalking), harassment based on disability, race, color,
national origin, and other sex-based harassment,
including sexual orientation, gender identity,
transgender status, pregnancy and related medical
conditions, that have been investigated;
``(v) the number of reports or investigations that
have led to the removal of students who were alleged to
have committed such acts or students who were alleged
victims of those acts from the JROTC program;
``(vi) the number of allegations the Department of
Defense or Department of Education received directly
from students or third parties, including whether the
individual making the report raised concerns the
institution had not properly investigated the incident
or reported it to proper authorities within and outside
of the school on any initial allegation that was
reported to the institution; and
``(vii) the number of such reported allegations by
State, including the District of Columbia, Puerto Rico,
American Samoa, Guam, Northern Mariana Islands, and
United States Virgin Islands in which these reports
occurred.
``(D) Any steps the Department of Defense and the
Department of Education have taken to mitigate sex-based
harassment (including sexual harassment, sexual assault,
domestic violence, dating violence, and stalking) in JROTC
programs during the preceding year.
``(3) Each report required under paragraph (1) shall be submitted
in unclassified form and may not be marked as controlled unclassified
information.
``(4) Each secondary school (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7081))
participating in the JROTC program under this chapter that receives
funding under title I of the Elementary and Secondary Education Act of
1965 shall develop and submit to the Secretary of Defense and the
Secretary of Education for inclusion in the report required under
paragraph (1) a statement of policy regarding--
``(A) the secondary school's programs to prevent sex-based
harassment (including sexual harassment, sexual assault,
domestic violence, dating violence, and stalking), harassment
based on disability, race, color, national origin, and other
sex-based harassment, including sexual orientation, gender
identity, transgender status, pregnancy and related medical
conditions;
``(B) the JROTC program's provision of evidence-based
training to JROTC recruits, in coordination with school-based
mental health services providers as defined in section 4102(6)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7012(6)), if applicable, regarding--
``(i) the mental health resources and services made
available to them;
``(ii) mental health education; and
``(iii) methods that students can use to seek help
for themselves and others, including for sex-based
harassment (including sexual harassment, sexual
assault, domestic violence, dating violence, and
stalking), harassment based on disability, race, color,
national origin, and other sex-based harassment,
including sexual orientation, gender identity,
transgender status, pregnancy and related medical
conditions; and
``(C) the procedures that the secondary school will follow
once an allegation of sex-based harassment (including sexual
harassment, sexual assault, domestic violence, dating violence,
and stalking), harassment based on disability, race, color,
national origin, or other sex-based harassment, including
sexual orientation, gender identity, transgender status,
pregnancy and related medical conditions, has been reported,
including a statement of the standard of evidence that will be
used during any school conduct proceeding arising from the
report.
``(5) The Secretary of Defense and the Secretary of Education shall
annually report to the authorizing committees regarding compliance with
this subsection by the JROTC program, including an up-to-date report on
the Secretary's monitoring of such compliance.
``(6)(A) The Secretary of Defense and the Secretary of Education
shall seek the advice and counsel of the Attorney General concerning
the development and dissemination to the JROTC program of best
practices information about campus safety and emergencies related to
sexual misconduct.
``(B) The Secretary of Defense and the Secretary of Education shall
seek the advice and counsel of the Attorney General and the Secretary
of Health and Human Services concerning the development and
dissemination to the JROTC program of best practices information about
preventing and responding to incidents of sex-based harassment
(including sexual harassment, sexual assault, domestic violence, dating
violence, and stalking), harassment based on disability, race, color,
national origin, and other sex-based harassment, including sexual
orientation, gender identity, transgender status, pregnancy and related
medical conditions, including elements of institutional policies that
have proven successful based on evidence-based outcome measurements.
``(7)(A) No officer, employee, or agent of an institution
participating in any program under this chapter shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.
``(B) Each report required under paragraph (1) shall include all
reported incidents of retaliation against reporters of the key
prohibitions outlined in paragraph (2).
``(C) Each individual who exercised their rights or
responsibilities to report under any provision in this subsection shall
be offered mental health assistance from a school-based mental health
services provider as defined in section 4102(6) of the Elementary and
Secondary Education Act of 1965.
``(8) In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Education and the Workforce of the House of Representatives.''.
SEC. 6. INFORMED CONSENT.
(a) Informed Consent Requirement.--Section 2031 of title 10, United
States Code, as amended by section 5 of this Act, is further amended by
inserting after subsection (j) the following new subsection:
``(k)(1) No student shall be enrolled in the Junior Reserve
Officers' Training Corps without the full and informed consent of both
the student and the student's legal guardian. Students and legal
guardians shall be notified of the voluntary nature of the program,
process for disenrolling from the program, and the program's
requirements, including academic and physical expectations for
students.
``(2) The Secretary of Defense shall suspend any Junior Reserve
Officers' Training Corps unit found to have violated the full and
informed consent requirement under paragraph (1).''.
(b) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretary of Education, develop and implement a plan to collect
affirmative, informed consent from students and their legal guardians
before enrollment in the Junior Reserve Officers' Training Corps, as
required by subsection (k) of section 2031 of title 10, United States
Code, as added by subsection (a).
SEC. 7. COMPTROLLER GENERAL REVIEW.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
efforts to increase transparency and reporting on sexual violence in
the Junior Reserve Officers' Training Corps Program.
(b) Elements.--The report required under subsection (a) shall
include a description of the following:
(1) The implementation of section 2031 of title 10, United
States Code, as amended by sections 2, 4, 5, and 6 of this Act,
and subparagraph (E) of section 481(a)(2) of title 10, United
States Code, as added by section 3 of this Act.
(2) The adequacy of the Department of Defense's vetting
process for Junior Reserve Officers' Training Corps instructors
in preventing individuals who engage in harassment from
becoming JROTC instructors and an analysis of whether any
additional needed components of the vetting process.
(3) The Department of Defense and the Department of
Education's oversight of compliance of units with respect to
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), and section 504 of the Rehabilitation Act (29
U.S.C. 701 et seq.).
(4) Any changes in the number of incidents of sex-based
harassment (including sexual harassment, sexual assault,
domestic violence, dating violence, and stalking), harassment
based on disability, race, color, national origin, and other
sex-based harassment, including sexual orientation, gender
identity, transgender status, pregnancy and related medical
conditions, reported to institutions or law enforcement
agencies or reported in the climate surveys pursuant to
subparagraph (E) of section 481(a)(2) of title 10, United
States Code, as added by section 3 of this Act.
(5) The sufficiency of military department unit
inspections.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
(2) the Committee on Armed Services and the Committee on
Education and the Workforce of the House of Representatives.
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