Military Justice Transparency Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5139 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5139

 To direct the Secretary of Defense to carry out activities to detect 
  and address racial, ethnic, and gender disparities in the military 
                justice system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 31, 2021

Mr. Jones (for himself and Ms. Escobar) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to carry out activities to detect 
  and address racial, ethnic, and gender disparities in 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 Transparency Act''.

SEC. 2. IMPROVEMENTS RELATING TO RACIAL, ETHNIC, AND GENDER DISPARITIES 
              IN THE MILITARY JUSTICE SYSTEM.

    (a) In General.--In addition to the activities required under 
section 540I of the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116-92; 10 U.S.C. 801 note), the Secretary of Defense 
shall carry out the activities described in subsection (b) to further 
detect and address racial, ethnic, and gender disparities in the 
military justice system.
    (b) Data Recording.--Beginning not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, the 
Secretary of Defense shall require each Secretary concerned to--
            (1) record the race, ethnicity, and gender of the victim 
        and the accused for each investigation of an offense under 
        chapter 47 of title 10, United States Code (the Uniform Code of 
        Military Justice) conducted after the date of the enactment of 
        this Act by an Armed Force under the jurisdiction of such 
        Secretary;
            (2)(A) record the race, ethnicity, and gender of each 
        individual against whom non-judicial punishment is imposed 
        under section 815 of such chapter (article 15 of the Uniform 
        Code of Military Justice) after the date of the enactment of 
        this Act by an Armed Force under the jurisdiction of such 
        Secretary; and
            (B) set forth such information separately for each type of 
        non-judicial punishment imposed;
            (3)(A) record the race, ethnicity, and gender of each 
        individual convicted in a court-martial conducted after the 
        date of the enactment of this Act by an Armed Force under the 
        jurisdiction of such Secretary; and
            (B) set forth such information separately by the type of 
        court-martial, the offense involved, and the case outcome; and
            (4) publish the data described in subparagraphs (A) through 
        (C) in the annual military justice reports of the Armed Forces 
        under the jurisdiction of such Secretary.
    (c) Briefing.--Not later than 30 days after the date on which the 
annual military justice reports of the Armed Forces for fiscal year 
2022 have been submitted to Congress, the Secretary of Defense shall 
provide to the Committees on Armed Services of the Senate and the House 
of Representatives a briefing on the strategy of the Secretary to 
detect and address racial, ethnic, and gender disparities in the 
military justice system.
    (d) Comptroller General Report.--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 Committees on Armed Services of the 
Senate and the House of Representatives a report detailing--
            (1) the findings of the Government Accountability Office 
        regarding racial disparities in the military justice system;
            (2) any steps being taken by the Secretary of Defense to 
        address racial disparities in the military justice system; and
            (3) the status of implementation by each Secretary 
        concerned of the recommendations set forth in the report of the 
        Government Accountability Office titled ``Military Justice: DOD 
        and the Coast Guard Need to Improve Their Capabilities to 
        Assess Racial and Gender Disparities'' (GAO-19-344), dated May 
        2019.
    (e) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' has the meaning given that term in section 
101(a)(9) of title 10, United States Code.
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