Restoring Equity For Offenses Related to Marijuana Act or the REFORM Act
This bill limits the maximum punishment for offenses related to the wrongful use or possession of marijuana under the Uniform Code of Military Justice (UCMJ) and includes certain offenses related to controlled substances as ones handled by Special Trial Counsel.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7446 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7446
To amend the Uniform Code of Military Justice to modify the treatment
of certain controlled substance violations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Mr. Brown of Maryland introduced the following bill; which was referred
to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Uniform Code of Military Justice to modify the treatment
of certain controlled substance violations, 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 ``Restoring Equity For Offenses
Related to Marijuana Act'' or the ``REFORM Act''.
SEC. 2. LIMITATION ON MAXIMUM PUNISHMENT FOR CERTAIN OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
Section 856(a) of title 10, United States Code (article 56(a) of
the Uniform Code of Military Justice), is amended--
(1) by striking ``The punishment which'' and inserting the
following:
``(1) The punishment which''; and
(2) by adding at the end the following new paragraphs:
``(2) The President may not prescribe a limit that exceeds
the limits specified in paragraph (3).
``(3) The limits referred to in paragraph (2) are as
follows:
``(A) The limit for wrongful use of marijuana under
subsection (a) of section 912a of this title (article
112a) shall not exceed the limit for drunk on duty
under subsection (a) of section 912 of this title
(article 112).
``(B) The limit for wrongful possession of
marijuana under subsection (a) of section 912a of this
title (article 112a) shall not exceed the limit for
incapacitation for duty from drunkenness or drug use
under subsection (b) of section 912 of this title
(article 112).''.
SEC. 3. INCLUSION OF CERTAIN CONTROLLED SUBSTANCE VIOLATIONS IN
DEFINITION OF COVERED OFFENSE.
(a) In General.--Section 801(17)(A) of title 10, United States Code
(article 1(17)(A) of the Uniform Code of Military Justice), as amended
by section 533 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), is amended--
(1) by striking ``or''; and
(2) by striking ``of this title'' and inserting ``, the
offense of manufacture of a controlled substance punishable
under section 912a (article 112a), the offense of distribution
of a controlled substance punishable under section 912a
(article 112a), or the offense of introduction of a controlled
substance punishable under section 912a (article 112a) of this
title''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 533 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) as provided in section 539C of
that Act.
SEC. 4. ANNUAL REPORT ON CONTROLLED SUBSTANCE TESTING.
(a) Annual Report.--
(1) In general.--Not later than March 1, 2023, and not
later than March 1 of each year thereafter through March 1,
2027, each Secretary of a military department shall submit to
the congressional defense committees a report on the drug
testing and evaluation program in the prior fiscal year.
(2) Elements.--Each report under paragraph (1) shall
include, for the previous ten fiscal years with respect to the
Armed Forces covered by such report, the following:
(A) The number of drug tests administered,
disaggregated by statistical category.
(B) The number of positive drug tests,
disaggregated by statistical category and substance.
(C) The percentage of positive drug tests from
administered drug tests, disaggregated by statistical
category and substance.
(D) The number of each type of punishment imposed,
disaggregated by statistical category and substance.
(E) The percentage of each type of punishment
imposed from the positive drug tests, disaggregated by
statistical category and substance.
(F) The data in subparagraphs (A) through (E)
disaggregated for each of the ten largest military
installations in the United States (based on the number
of active duty personnel assigned to the installation
and family members residing on or in the vicinity of
the installations).
(G) An analysis of any disparities among race,
gender, ethnicity, and military installation during the
year covered by the report.
(3) Personal information exclusion.--The Secretary of a
military department may exclude a military installation from
disaggregation under paragraph (2) if such disaggregation could
be used to uniquely identify a service member.
(4) Statistical category.--In this section, the term
``statistical category'' means the categories of race, gender,
ethnicity, and rank.
(5) Availability of reports and data.--The Secretary of
Defense shall--
(A) make the results of each report under paragraph
(1) available on a publicly accessible website of the
Department of Defense; and
(B) ensure that any data included with the report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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