[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6209 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6209

To improve information collection and reporting on sexual assaults and 
racial and ethnic demographics in the military justice system, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            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

_______________________________________________________________________

                                 A BILL


 
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,

SECTION 1. SHORT TITLE.

    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:
``Sec. 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.''.
    (b) Policy Required.--
            (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.
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