117th CONGRESS 1st Session |
To improve information collection and reporting on sexual assaults and racial and ethnic demographics in the military justice system, and for other purposes.
December 9, 2021
Mr. Brown of Maryland (for himself, Ms. Strickland, and Mr. Jones) introduced the following bill; which was referred to the Committee on Armed Services
To improve information collection and reporting on sexual assaults and racial and ethnic demographics 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,
This Act may be cited as the “Military Justice Reporting Improvement Act”.
SEC. 2. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system.
(a) Annual reports on racial and ethnic demographics in the military justice system.—
(1) IN GENERAL.—Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section:
Ҥ 486. Annual reports on racial and ethnic demographics in the military justice system
“(a) In general.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.
“(b) Contents.—The report of a Secretary of a military department for an Armed Force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including—
“(1) the number of offenses in the Armed Force that were reported to military officials, disaggregated by—
“(A) statistical category as related to the victim; and
“(B) statistical category as related to the principal;
“(2) the number of offenses in the Armed Forces that were investigated, disaggregated by statistical category as related to the principal;
“(3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed;
“(4) the number of offenses in which nonjudicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal;
“(5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;
“(6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;
“(7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and
“(8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial.
“(c) Submission to congress.—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives.
“(d) Definitions.—In this section:
“(1) The term ‘statistical category’ means each of the following categories:
“(A) Race.
“(B) Sex.
“(C) Ethnicity.
“(D) Rank.
“(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).
“(2) The term ‘principal’ has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item:
“486. Annual reports on racial and ethnic demographics in the military justice system.”.
(1) REQUIREMENT.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).
(2) EXCLUSION.—The policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary.
(3) PUBLICLY AVAILABLE.—The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2).
(4) SUNSET.—The requirements of this subsection shall terminate on May 1, 2028.