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Senate Bill 1408
115th Congress(2017-2018)
A bill to enhance effective prosecution and defense in courts-martial, and for other purposes.
Introduced
Introduced
Introduced in Senate on Jun 22, 2017
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Introduced in Senate 
Jun 22, 2017
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Introduced in Senate(Jun 22, 2017)
Jun 22, 2017
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
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S. 1408 (Introduced-in-Senate)


115th CONGRESS
1st Session
S. 1408


To enhance effective prosecution and defense in courts-martial, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 22, 2017

Mrs. Ernst (for herself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To enhance effective prosecution and defense in courts-martial, 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. Enhancement of effective prosecution and defense in courts-martial and related matters.

(a) Additional element in program for effective prosecution and defense.—Subsection (a)(1) of section 542 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–329; 130 Stat. 2126; 10 U.S.C. 827 note) is amended by inserting before the semicolon the following: “or there is adequate supervision and oversight of trial counsel and defense counsel so detailed to ensure effective prosecution and defense in the court-martial”.

(b) Assignment of civilian employees To supervise less experienced judge advocates in prosecution and defense.—Such section is further amended—

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Assignment of civilian employees To supervise less experienced judge advocates in prosecution and defense.—

“(1) ASSIGNMENT AUTHORIZED.—The Secretary concerned may assign the function of supervising and overseeing prosecution or defense in courts-martial by less experienced judge advocates to civilian employees of the military department concerned or the Department of Homeland Security, as applicable, who have extensive litigation expertise.

“(2) STATUS AS SUPERVISOR.—A civilian employee assigned to supervise and oversee the prosecution or defense in a court-martial pursuant to this subsection is not required to be detailed to the case, but must be reasonably available for consultation during court-martial proceedings.”.

(c) Pilot programs on professional developmental process for judge advocates.—Subsection (d) of such section, as redesignated by subsection (b)(1) of this section, is amended—

(1) in paragraph (1), striking “establishing” and all that follows and inserting “a military justice career track for judge advocates under the jurisdiction of the Secretary.”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) ELEMENTS.—Each pilot program shall include the following:

“(A) A military justice career track for judge advocates that leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy, to prosecute and defend complex cases in military courts-martial.

“(B) The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters.

“(C) Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot program have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

“(D) Such other matters as the Secretary concerned considers appropriate.”.