(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 of Defense shall establish the Advisory Committee not later than 90 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, appointed by the Secretary of Defense 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:
Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm.
Expertise in adverse behaviors, including the prevention of suicide and the prevention of substance abuse.
Expertise in the change of culture of large organizations.
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 of Defense 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 of Defense on the following:
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.
The policies, programs, and practices of each military department, each Armed Force, and each military service 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 of Defense pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following:
Closed cases involving allegations of sexual assault described in paragraph (1).
Efforts of institutions of higher education to prevent sexual assault among students.
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 of Defense 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 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 of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year.
(e) Sexual assault continuum of harm defined
In this section, the term sexual assault continuum of harm includes—
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
maltreatment or ostracism of a victim for a report of sexual misconduct.
(f) 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 the Armed Services of the Senate and House of Representatives.
(g) Conforming repeal
Section 550B of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1561 note) is repealed.