,,ii  #aahth ,,congress  #ast ,session  
,s4 #aiff  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ad1     
#bjbc,ms4 ,warren 7for herself1 ,mr4    
,sanders1 and ,ms4 ,hirono7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,armed ,services  ,a ,,bill  ,to amend  
title #aj1 ,united ,states ,code1 to    
increase transparency and reporting on  
sexual violence in the ,junior ,reserve 
,officers' ,training ,corps ,program1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,junior ,reserve ,officers' ,training   
,corps ,safety ,act of #bjbc4  #b4      
,,jrotc program certification ,section  
#bjca of title #aj1 ,united ,states     
,code1 is amended by adding at the end  
the following new subsection3  7i7 7#a7 
,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 #dh hours after the       
institution is notified of the          
allegation4  7#b7 ,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 unit4  4  #c4 
,department of ,defense climate surveys 
,section #dha of title #aj1 ,united     
,states ,code1 is amended-- 7#a7 in     
subsection 7a7-- 7,a7 in paragraph 7#a71
 by striking four surveys and inserting 
five surveys2 and  7,b7 in paragraph    
7#b7-- 7i7 by striking four surveys and 
inserting five surveys2 and  7ii7 by    
adding at the end the following new     
subparagraphs3  7,e7 ,to identify and   

assess gender issues and discrimination 
among members of the ,junior ,reserve   
,officers' ,training ,corps and the     
,senior ,reserve ,officers' ,training   
,corps4  7,f7 ,to identify and assess   
disability issues and discrimination    
among members of the ,armed ,forces     
serving on active duty4  7,g7 ,to       
identify and assess disability issues   
and discrimination among members of the 
,armed ,forces serving in the reserve   
components4  7,h7 ,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 ,corps4  7,i7 ,to  
identify and assess disability issues   
and discrimination among members of the 
,junior ,reserve ,officers' ,training   
,corps and the ,senior ,reserve         
,officers' ,training ,corps4  2 and     
7#b7 in subsection 7e71 by inserting and
 publish on a publicly accessible       
website of the ,department after the    

,secretary shall submit to ,congress4   
#d4 ,program inspections ,section       
#bjca7;b7 of title #aj1 ,united ,states 
,code1 is amended-- 7#a7 in paragraph   
7#d71 by striking 2 and and inserting a 
semicolon2  7#b7 by redesignating       
paragraph 7#e7 as paragraph 7#h72 and   
7#c7 by inserting after paragraph 7#d7  
the following new paragraphs3  7#e7 the 
institution has been inspected and      
approved by the military department     
concerned in the previous #ah months2   
7#f7 the military department concerned  
certifies that-- 7,a7 the institution-- 
7i7 has created a process for students  
to report violations of their rights    
under title ,,ix of the ,education      
,amendments of #aigb 7#bj ,u4,s4,c4     
#afha et seq471 title ,,vi of the ,civil
 ,rights ,act of #aifd 7#db ,u4,s4,c4   
#bjjj;d et seq471 and section #ejd of   
the ,rehabilitation ,act 7#bi ,u4,s4,c4 
#gid71 including the rights of students 
to not be subject to discrimination or  
subject to retaliation for reporting a  

violation of those laws2 and  7ii7 has  
notified the students and instructors of
 those rights and the process for       
reporting violations of those rights1   
including information on available      
reporting options1 including mandatory  
reporters1 and available supportive     
measures to ensure students have access 
to any accommodations needed in the     
aftermath of experiencing               
discrimination2 and  7,b7 the unit      
includes biannual training to inform    
students of methods to prevent1 respond 
to1 and report sexual assault and       
harassment2  7#g7 the institution agrees
 to report all allegations of violations
 described under paragraph 7#f77;,a7 to 
the military department concerned and   
the ,department of ,education's ,office 
for ,civil ,rights not less than        
annually2 and  4  #e4 ,annual report on 
allegations of discrimination and       
sex-based harassment in ,,jrotc programs
 ,section #bjca of title #aj1 ,united   
,states ,code1 as amended by section #b 

of this ,act1 is further amended by     
adding at the end the following new     
subsection3  7j7 7#a7 ,not later than   
,march #ca each year1 the ,secretary of 
,defense and the ,secretary of          
,education shall submit to the          
appropriate congressional committees a  
report on allegations of sex-based      
harassment 7including sexual harassment1
 sexual assault1 domestic violence1     
dating violence1 and stalking7 and      
discriminatory harassment based on      
disability1 race1 color1 national       
origin1 and other sex-based harassment1 
including sexual orientation1 gender    
identity1 transgender status1 pregnancy1
 and related medical conditions in all  
,,jrotc programs during the preceding   
year4  7#b7 ,each report required under 
paragraph 7#a7 shall set forth the      
following3 7,a7 ,the number of reported 
allegations of a possible violation     
under title ,,ix of the ,education      
,amendments of #aigb 7#bj ,u4,s4,c4     
#afha et seq47 in school-affiliated     

,,jrotc programs1 including-- 7i7 the   
number of such reported allegations that
 were investigated2  7ii7 the outcome of
 those investigations2  7iii7 the number
 of allegations the ,department of      
,defense1 military services1 or         
,department of ,education received      
directly from students or third parties1
 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     
institution2 and  7iv7 the number of    
such reported allegations by ,state1    
including the ,district of ,columbia1   
,puerto ,rico1 ,american ,samoa1 ,guam1 
,northern ,mariana ,islands1 and ,united
 ,states ,virgin ,islands1 in which     
these reports occurred4  7,b7 ,the      
number of reports that the ,department  
of ,defense1 military services1 or      
,department of ,education have received 

during the reporting period involving   
allegations of sex-based harassment     
7including sexual harassment1 sexual    
assault1 domestic violence1 dating      
violence1 and stalking71 harassment     
based on disability1 race1 color1       
national origin1 and other sex-based    
harassment1 including sexual            
orientation1 gender identity1           
transgender status1 pregnancy and       
related medical conditions1 by          
instructors against students in the     
,,jrotc program1 including-- 7i7 the    
type of incident2  7ii7 the military    
service2  7iii7 the number of           
instructors and number of allegations   
they each received2  7iv7 the number of 
reports of sex-based harassment         
7including sexual harassment1 sexual    
assault1 domestic violence1 dating      
violence1 and stalking71 harassment     
based on disability1 race1 color1       
national origin1 and other sex-based    
harassment1 including sexual            
orientation1 gender identity1           

transgender status1 pregnancy and       
related medical conditions1 that have   
been investigated2  7v7 the number of   
reports or investigations that have led 
to the removal of instructors from      
,,jrotc programs2  7vi7 the number of   
allegations the ,department of ,defense 
received directly from students or third
 parties1 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 institution2 and  7vii7 the number  
of such reported allegations by ,state1 
including the ,district of ,columbia1 in
 which these reports occurred4  7,c7    
,the number of reports that the         
,department of ,defense1 military       
services1 or ,department of ,education  
have received during the reporting      
period involving allegations of         
sex-based harassment 7including sexual  

harassment1 sexual assault1 domestic    
violence1 dating violence1 and          
stalking71 harassment based on          
disability1 race1 color1 national       
origin1 and other sex-based harassment1 
including sexual orientation1 gender    
identity1 transgender status1 pregnancy1
 and related medical conditions1 by     
students against students in the ,,jrotc
 program1 including-- 7i7 the type of   
incident2  7ii7 the military service2   
7iii7 the number of students who were   
alleged to have committed such acts and 
the number of allegations that each     
student received2  7iv7 the number of   
reports of sex-based harassment         
7including sexual harassment1 sexual    
assault1 domestic violence1 dating      
violence1 and stalking71 harassment     
based on disability1 race1 color1       
national origin1 and other sex-based    
harassment1 including sexual            
orientation1 gender identity1           
transgender status1 pregnancy and       
related medical conditions1 that have   

been investigated2  7v7 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 program2    
7vi7 the number of allegations the      
,department of ,defense or ,department  
of ,education received directly from    
students or third parties1 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 institution2 and  7vii7 the number  
of such reported allegations by ,state1 
including the ,district of ,columbia1   
,puerto ,rico1 ,american ,samoa1 ,guam1 
,northern ,mariana ,islands1 and ,united
 ,states ,virgin ,islands in which these
 reports occurred4  7,d7 ,any steps the 
,department of ,defense and the         
,department of ,education have taken to 

mitigate sex-based harassment 7including
 sexual harassment1 sexual assault1     
domestic violence1 dating violence1 and 
stalking7 in ,,jrotc programs during the
 preceding year4  7#c7 ,each report     
required under paragraph 7#a7 shall be  
submitted in unclassified form and may  
not be marked as controlled unclassified
 information4  7#d7 ,each secondary     
school 7as defined in section #haja of  
the ,elementary and ,secondary          
,education ,act of #aife 7#bj ,u4,s4,c4 
#gjha77 participating in the ,,jrotc    
program under this chapter that receives
 funding under title ,i of the          
,elementary and ,secondary ,education   
,act of #aife shall develop and submit  
to the ,secretary of ,defense and the   
,secretary of ,education for inclusion  
in the report required under paragraph  
7#a7 a statement of policy regarding--  
7,a7 the secondary school's programs to 
prevent sex-based harassment 7including 
sexual harassment1 sexual assault1      
domestic violence1 dating violence1 and 

stalking71 harassment based on          
disability1 race1 color1 national       
origin1 and other sex-based harassment1 
including sexual orientation1 gender    
identity1 transgender status1 pregnancy 
and related medical conditions2  7,b7   
the ,,jrotc program's provision of      
evidence-based training to ,,jrotc      
recruits1 in coordination with          
school-based mental health services     
providers as defined in section #dajb7f7
 of the ,elementary and ,secondary      
,education ,act of #aife 7#bj ,u4,s4,c4 
#gjab7f771 if applicable1 regarding--   
7i7 the mental health resources and     
services made available to them2  7ii7  
mental health education2 and  7iii7     
methods that students can use to seek   
help for themselves and others1         
including for sex-based harassment      
7including sexual harassment1 sexual    
assault1 domestic violence1 dating      
violence1 and stalking71 harassment     
based on disability1 race1 color1       
national origin1 and other sex-based    

harassment1 including sexual            
orientation1 gender identity1           
transgender status1 pregnancy and       
related medical conditions2 and  7,c7   
the procedures that the secondary school
 will follow once an allegation of      
sex-based harassment 7including sexual  
harassment1 sexual assault1 domestic    
violence1 dating violence1 and          
stalking71 harassment based on          
disability1 race1 color1 national       
origin1 or other sex-based harassment1  
including sexual orientation1 gender    
identity1 transgender status1 pregnancy 
and related medical conditions1 has been
 reported1 including a statement of the 
standard of evidence that will be used  
during any school conduct proceeding    
arising from the report4  7#e7 ,the     
,secretary of ,defense and the          
,secretary of ,education shall annually 
report to the authorizing committees    
regarding compliance with this          
subsection by the ,,jrotc program1      
including an up-to-date report on the   

,secretary's monitoring of such         
compliance4  7#f7 7,a7 ,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
 misconduct4  7,b7 ,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 7including      
sexual harassment1 sexual assault1      
domestic violence1 dating violence1 and 
stalking71 harassment based on          
disability1 race1 color1 national       
origin1 and other sex-based harassment1 
including sexual orientation1 gender    

identity1 transgender status1 pregnancy 
and related medical conditions1         
including elements of institutional     
policies that have proven successful    
based on evidence-based outcome         
measurements4  7#g7 7,a7 ,no officer1   
employee1 or agent of an institution    
participating in any program under this 
chapter shall retaliate1 intimidate1    
threaten1 coerce1 or otherwise          
discriminate against any individual for 
exercising their rights or              
responsibilities under any provision of 
this subsection4  7,b7 ,each report     
required under paragraph 7#a7 shall     
include all reported incidents of       
retaliation against reporters of the key
 prohibitions outlined in paragraph     
7#b74  7,c7 ,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 #dajb7f7 

of the ,elementary and ,secondary       
,education ,act of #aife4  7#h7 ,in this
 subsection1 the term appropriate       
congressional committees means-- 7,a7   
the ,committee on ,armed ,services and  
the ,committee on ,health1 ,education1  
,labor1 and ,pensions of the ,senate2   
and  7,b7 the ,committee on ,armed      
,services and the ,committee on         
,education and the ,workforce of the    
,house of ,representatives4  4  #f4     
,informed consent  7a7 ,informed consent
 requirement ,section #bjca of title    
#aj1 ,united ,states ,code1 as amended  
by section #e of this ,act1 is further  
amended by inserting after subsection   
7j7 the following new subsection3  7k7  
7#a7 ,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 guardian4 ,students
 and legal guardians shall be notified  
of the voluntary nature of the program1 
process for disenrolling from the       

program1 and the program's requirements1
 including academic and physical        
expectations for students4  7#b7 ,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 7#a74  4  7b7 ,plan ,not
 later than #ahj days after the date of 
the enactment of this ,act1 the         
,secretary of ,defense shall1 in        
consultation with the ,secretary of     
,education1 develop and implement a plan
 to collect affirmative1 informed       
consent from students and their legal   
guardians before enrollment in the      
,junior ,reserve ,officers' ,training   
,corps1 as required by subsection 7k7 of
 section #bjca of title #aj1 ,united    
,states ,code1 as added by subsection   
7a74  #g4 ,comptroller ,general review  
7a7 ,in general ,not later than one year
 after the date of the enactment of this
 ,act1 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 ,program4   
7b7 ,elements ,the report required under
 subsection 7a7 shall include a         
description of the following3 7#a7 ,the 
implementation of section #bjca of title
 #aj1 ,united ,states ,code1 as amended 
by sections #b1 #d1 #e1 and #f of this  
,act1 and subparagraph 7,e7 of section  
#dha7;a77#b7 of title #aj1 ,united      
,states ,code1 as added by section #c of
 this ,act4  7#b7 ,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 process4  7#c7 ,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 #aigb 7#bj    
,u4,s4,c4 #afha et seq471 title ,,vi of 
the ,civil ,rights ,act of #aifd 7#db   
,u4,s4,c4 #bjjj;d et seq471 and section 
#ejd of the ,rehabilitation ,act 7#bi   
,u4,s4,c4 #gja et seq474  7#d7 ,any     
changes in the number of incidents of   
sex-based harassment 7including sexual  
harassment1 sexual assault1 domestic    
violence1 dating violence1 and          
stalking71 harassment based on          
disability1 race1 color1 national       
origin1 and other sex-based harassment1 
including sexual orientation1 gender    
identity1 transgender status1 pregnancy 
and related medical conditions1 reported
 to institutions or law enforcement     
agencies or reported in the climate     
surveys pursuant to subparagraph 7,e7 of
 section #dha7;a77#b7 of title #aj1     
,united ,states ,code1 as added by      
section #c of this ,act4  7#e7 ,the     
sufficiency of military department unit 
inspections4  7c7 ,appropriate          

congressional committees defined ,in    
this section1 the term appropriate      
congressional committees means-- 7#a7   
the ,committee on ,armed ,services and  
the ,committee on ,health1 ,education1  
,labor1 and ,pensions of the ,senate2   
and  7#b7 the ,committee on ,armed      
,services and the ,committee on         
,education and the ,workforce of the    
,house of ,representatives4