Military Justice Oversight and Refinement Act of 2020
This bill requires requires the Department of Defense to prescribe a policy to minimize any association between a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and the accused while both parties complete their studies at the academy. The bill also requires each military branch to brief Congress on the effectiveness of the overhaul of its military justice system and the status of its Special Victims' Counsel program.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7060 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7060
To improve the military justice system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2020
Mr. Turner (for himself and Mrs. Davis of California) introduced the
following bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To improve the military justice system, 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 ``Military Justice Oversight and
Refinement Act of 2020''.
SEC. 2. BRIEFING ON THE EFFECTIVENESS OF MILITARY JUSTICE REFORM.
Not later than 180 days after the date of the enactment of this
Act, the Judge Advocates General of the Army, the Navy, the Air Force,
and the Coast Guard, and the Staff Judge Advocate to the Commandant of
the Marine Corps shall each provide to the Committee on Armed Services
of the House of Representatives a briefing on the results on the review
and assessment conducted under section 946(f)(1) of title 10, United
States Code (article 146(f)(1) of the Uniform Code of Military
Justice). Each briefing shall include recommendations for improvements
to the Uniform Code of Military Justice based on the results of such
review and assessment.
SEC. 3. BRIEFING SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Judge Advocates General of the Army, the
Navy, the Air Force, and the Coast Guard, and the Staff Judge Advocate
to the Commandant of the Marine Corps shall each provide to the
congressional defense committees a briefing on the status of the
Special Victims' Counsel program of the Armed Force concerned.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the Special Victims' Counsel program of the Armed Force
concerned, the following:
(1) An assessment of whether the Armed Force is in
compliance with the provisions of the National Defense
Authorization Act for Fiscal Year 2020 relating to the Special
Victims' Counsel program and, if not, what steps have been
taken to achieve compliance with such provisions.
(2) An estimate of the average caseload of each Special
Victims' Counsel.
(3) A description of any staffing shortfalls in the Special
Victims' Counsel program or other programs of the Armed Force
resulting from the additional responsibilities required of the
Special Victims' Counsel program under the National Defense
Authorization Act for Fiscal Year 2020.
(4) An explanation of the ability of Special Victims'
Counsel to adhere to requirement that a counsel respond to a
request for services within 72 hours of receiving such request.
(5) An assessment of the feasibility of providing cross-
service Special Victims' Counsel representation in instances
where a Special Victims' Counsel from a different Armed Force
is co-located with a victim at a remote base.
SEC. 4. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT MILITARY SERVICE
ACADEMIES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments and the Superintendent
of each military service academy, prescribe in regulations a policy
under which association between a cadet or midshipman of a military
service academy who is the alleged victim of a sexual assault and the
accused is minimized while both parties complete their course of study
at the academy.
(b) Elements.--The Secretary of Defense shall ensure that the
policy developed under subsection (a)--
(1) is fair to the both the alleged victim and the accused;
and
(2) provides for the confidentiality of the parties
involved.
(c) Military Service Academy Defined.--The term ``military service
academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
SEC. 5. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS OF
SEXUAL OFFENSES.
Section 547 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``accused of'' and
inserting ``suspected of''; and
(ii) by striking ``assault'' and inserting
``offense'';
(B) in paragraph (2), by striking ``accused of''
and inserting ``suspected of''; and
(C) in paragraph (3)--
(i) by striking ``assaults'' and inserting
``offenses''; and
(ii) by striking ``an accusation'' and
inserting ``suspicion of'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (b) the following new
subsection:
``(b) Guidance Required.--The Secretary of Defense shall issue
guidance to ensure the uniformity of the data collected by each Armed
Force for purposes of subsection (a). At a minimum, such guidance shall
establish--
``(1) standardized methods for the collection of the data
required to be reported under such subsection; and
``(2) standardized definitions for the terms `sexual
offense', `collateral misconduct', and `adverse action'.''; and
(4) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Definitions.--In this section:
``(1) The term `covered individual' means an individual who
is identified in the case files of a military criminal
investigative organization as a victim of a sexual offense that
occurred while that individual was serving on active duty as a
member of the Armed Forces.
``(2) The term `suspected of', when used with respect to a
covered individual suspected of collateral misconduct or crimes
as described in subsection (a), means that an investigation by
a military criminal investigative organization reveals facts
and circumstances that would lead a reasonable person to
believe that the individual committed an offense under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice).''.
SEC. 6. GUARDIAN AD LITEM PROGRAM FOR MINOR DEPENDENTS OF MEMBERS OF
THE ARMED FORCES.
Section 540L(b)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1373) is amended by
adding before the period at the end the following: ``, including an
assessment of the feasibility and advisability of establishing a
guardian ad litem program for military dependents living outside the
United States''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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