[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1520
To reform the disposition of charges and convening of courts-martial
for certain offenses under the Uniform Code of Military Justice and
increase the prevention of sexual assaults and other crimes in the
military.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2021
Mrs. Gillibrand (for herself, Mr. Grassley, Ms. Ernst, Mr. Blumenthal,
Mr. Cruz, Mrs. Shaheen, Ms. Baldwin, Mr. Van Hollen, Mr. King, Mr.
Braun, Mr. Durbin, Ms. Duckworth, Mr. Bennet, Mr. Paul, Mr. Coons, Mr.
Kelly, Mrs. Feinstein, Ms. Hirono, Ms. Klobuchar, Mr. Leahy, Ms.
Warren, Mr. Wyden, Mr. Padilla, Mr. Menendez, Ms. Hassan, Ms. Lummis,
Mr. Peters, Mr. Casey, Mrs. Capito, Mr. Warnock, Mr. Kaine, Mr.
Tuberville, Ms. Smith, Mr. Heinrich, Ms. Cortez Masto, Mr. Brown, Mr.
Hickenlooper, Mr. Warner, Ms. Collins, Mr. Booker, Mr. Tester, Mr.
Merkley, and Mr. Ossoff) introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To reform the disposition of charges and convening of courts-martial
for certain offenses under the Uniform Code of Military Justice and
increase the prevention of sexual assaults and other crimes in the
military.
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 Improvement and
Increasing Prevention Act of 2021''.
SEC. 2. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF CHARGES FOR
CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM
SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.
(a) Improvement of Determinations.--
(1) Military departments.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), that allege an offense specified in
subsection (b) and not excluded under subsection (c), the
Secretary of Defense shall require the Secretaries of the
military departments to provide as described in subsection (d)
for the determinations as follows:
(A) Determinations under section 830 of such
chapter (article 30 of the Uniform Code of Military
Justice) on the preferral of charges.
(B) Determinations under section 830 of such
chapter (article 30 of the Uniform Code of Military
Justice) on the disposition of charges.
(C) Determinations under section 834 of such
chapter (article 34 of the Uniform Code of Military
Justice) on the referral of charges.
(2) Homeland security.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), that allege an offense specified in
subsection (b) and not excluded under subsection (c) against a
member of the Coast Guard (when it is not operating as a
service in the Navy), the Secretary of Homeland Security shall
provide as described in subsection (d) for the determinations
as follows:
(A) Determinations under section 830 of such
chapter (article 30 of the Uniform Code of Military
Justice) on the preferral of charges.
(B) Determinations under section 830 of such
chapter (article 30 of the Uniform Code of Military
Justice) on the disposition of charges.
(C) Determinations under section 834 of such
chapter (article 34 of the Uniform Code of Military
Justice) on the referral of charges.
(3) Rule of construction.--This section shall not be
construed to terminate or otherwise alter the authorities
enumerated in any articles of the Uniform Code of Military
Justice other than articles 30 and 34 (10 U.S.C. 830, 834).
(b) Covered Offenses.--An offense specified in this subsection is
an offense as follows:
(1)(A) Offenses under the following sections of chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), for which the maximum punishment authorized under
that chapter includes confinement for more than one year:
sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b,
920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927,
928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d,
931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a,
119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a,
124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 1230, 131,
131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132,
respectively, of the Uniform Code of Military Justice).
(B) The offenses of child pornography, negligent homicide,
indecent conduct, indecent language communicated to any child
under the age of 16 years, and pandering and prostitution, as
punishable under the general punitive article in 934 of such
title (article 134 of the Uniform Code of Military Justice).
(2) A conspiracy to commit an offense specified in
paragraph (1) as punishable under section 881 of title 10,
United States Code (article 81 of the Uniform Code of Military
Justice).
(3) A solicitation to commit an offense specified in
paragraph (1) as punishable under section 882 of title 10,
United States Code (article 82 of the Uniform Code of Military
Justice).
(4) An attempt to commit an offense specified in paragraph
(1) as punishable under section 880 of title 10, United States
Code (article 80 of the Uniform Code of Military Justice).
(c) Excluded Offenses.--Subsection (a) does not apply to an offense
as follows:
(1) An offense under sections 883 through 917 of title 10,
United States Code (articles 83 through 117 of the Uniform Code
of Military Justice), but not an offense under section 893a of
such title (article 93a of the Uniform Code of Military
Justice).
(2) An offense under section 922a, 923, 923a, or 928(a) of
title 10, United States Code (articles 122a, 123, 123a, and
128(a) of the Uniform Code of Military Justice).
(3) An offense under section 933 or 934 of title 10, United
States Code (articles 133 and 134 of the Uniform Code of
Military Justice), but not the offense of child pornography,
negligent homicide, indecent conduct, indecent language
communicated to any child under the age of 16 years, or
pandering and prostitution as punishable under the general
punitive article in section 934 of such title (article 134 of
the Uniform Code of Military Justice).
(4) A conspiracy to commit an offense specified in
paragraphs (1) through (3) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform Code of
Military Justice).
(5) A solicitation to commit an offense specified in
paragraphs (1) through (3) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform Code of
Military Justice).
(6) An attempt to commit an offense specified in paragraphs
(1) through (3) as punishable under section 880 of title 10,
United States Code (article 80 of the Uniform Code of Military
Justice).
(d) Requirements and Limitations.--The disposition of charges
covered by subsection (a) shall be subject to the following:
(1) The determination whether to cause charges to be
preferred or refer such charges to a court-martial for trial,
as applicable, shall be made by a commissioned officer of the
Armed Forces designated as a court-martial convening authority
in accordance with regulations prescribed for purposes of this
subsection from among commissioned officers of the Armed Forces
in grade O-6 or higher who--
(A) are available for detail as trial counsel under
section 827 of title 10, United States Code (article 27
of the Uniform Code of Military Justice);
(B) have significant experience in trials by
general or special court-martial; and
(C) are outside the chain of command of the member
subject to such charges.
(2) Upon a determination under paragraph (1) to refer
charges to a court-martial for trial, the officer making that
determination shall determine whether to refer such charges for
trial by a general court-martial convened under section 822 of
title 10, United States Code (article 22 of the Uniform Code of
Military Justice), or a special court-martial convened under
section 823 of title 10, United States Code (article 23 of the
Uniform Code of Military Justice).
(3) A determination under paragraph (1) to cause charges to
be preferred or refer charges to a court-martial for trial, as
applicable, shall cover all known offenses, including lesser
included offenses.
(4) The determination to cause charges to be preferred or
refer charges to a court-martial for trial, as applicable,
under paragraph (1), and the type of court-martial to which to
refer under paragraph (2), shall be binding on any applicable
convening authority for the referral of such charges.
(5) The actions of an officer described in paragraph (1) in
determining under that paragraph whether or not to cause
charges to be preferred or refer charges to a court-martial for
trial, as applicable, shall be free of unlawful or unauthorized
influence or coercion.
(6) The determination under paragraph (1) not to refer
charges to a general or special court-martial for trial shall
not operate to terminate or otherwise alter the authority of
commanding officers to refer charges for trial by special
court-martial under section 823 of title 10, United States Code
(article 23 of the Uniform Code of Military Justice) or summary
court-martial convened under section 824 of title 10, United
States Code (article 24 of the Uniform Code of Military
Justice), or to impose non-judicial punishment in connection
with the conduct covered by such charges as authorized by
section 815 of title 10, United States Code (article 15 of the
Uniform Code of Military Justice).
(7) The determination under paragraph (1) to refer charges
to a general or special court-martial shall not be subject to
section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), provided that the officer
making the determination determines that--
(A) the specification alleges an offense under the
Uniform Code of Military Justice;
(B) there is probable cause to believe that the
accused committed the offense charged; and
(C) a court-martial would have jurisdiction over
the accused and the offense.
(e) Construction With Charges on Other Offenses.--Nothing in this
section shall be construed to alter or affect the preferral,
disposition, or referral authority of charges under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice), that
allege an offense for which the maximum punishment authorized under
that chapter includes confinement for one year or less, except for the
offenses of child pornography, negligent homicide, indecent conduct,
indecent language communicated to any child under the age of 16 years,
and pandering and prostitution as punishable under the general punitive
article in section 934 of such title (article 134 of the Uniform Code
of Military Justice).
(f) Policies and Procedures.--
(1) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall revise policies and procedures as
necessary to comply with this section.
(2) Uniformity.--The General Counsel of the Department of
Defense and the General Counsel of the Department of Homeland
Security shall jointly review the policies and procedures
revised under this subsection in order to ensure that any lack
of uniformity in policies and procedures, as so revised, among
the military departments and the Department of Homeland
Security does not render unconstitutional any policy or
procedure, as so revised.
(g) Manual for Courts-Martial.--The Secretary of Defense shall
recommend such changes to the Manual for Courts-Martial as are
necessary to ensure compliance with this section.
(h) Improved Specialization of Criminal Investigators.--The
Secretary of Defense shall revise policies and procedures as necessary
to improve specialization of criminal investigators to help increase
the efficiency and effectiveness of sexual assault and domestic
violence investigations.
SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND
SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ
WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE
THAN ONE YEAR.
(a) In General.--Subsection (a) of section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) with respect to offenses to which section 2(a) of the
Military Justice Improvement and Increasing Prevention Act of
2021 applies, the officers in the offices established pursuant
to section 3(c) of that Act or officers in the grade of O-6 or
higher who are assigned such responsibility by the Chief of
Staff of the Army, the Chief of Naval Operations, the Chief of
Staff of the Air Force, the Commandant of the Marine Corps, or
the Commandant of the Coast Guard;''.
(b) No Exercise by Officers in Chain of Command of Accused or
Victim.--Such section (article) is further amended by adding at the end
the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a
court-martial under this section if the officer is in the chain of
command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial
under sections 822 and 823 of title 10, United States
Code (articles 22 and 23 of the Uniform Code of
Military Justice), pursuant to paragraph (8) of section
822(a) of title 10, United States Code (article 22(a)
of the Uniform Code of Military Justice), as so
amended, with respect to offenses to which section 2(a)
applies.
(B) To detail under section 825 of title 10, United
States Code (article 25 of the Uniform Code of Military
Justice), members of courts-martial convened as
described in subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the Armed
Forces and civilian personnel of the Department of Defense, or
such members of the Coast Guard or civilian personnel of the
Department of Homeland Security, as may be detailed or assigned
to the office by the Chief of Staff or Commandant concerned.
The members and personnel so detailed or assigned, as the case
may be, shall be detailed or assigned from personnel billets in
existence as of the effective date for this Act specified in
section 10.
SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES.
(a) In General.--The Secretaries of the military departments and
the Secretary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall carry out
sections 2 and 3 using personnel, funds, and resources otherwise
authorized by law.
(b) No Authorization of Additional Personnel or Resources.--
Sections 2 and 3 shall not be construed as authorizations for
personnel, personnel billets, or funds for the discharge of the
requirements in such sections.
SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES BY
DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, PROSECUTION,
AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561
note) is amended--
(1) in paragraph (1)--
(A) by striking ``on the investigation'' and
inserting ``on the following:
``(A) The investigation''; and
(B) by adding at the end the following new
subparagraph:
``(B) The implementation and efficacy of sections 2
through 4 of the Military Justice Improvement and
Increasing Prevention Act of 2021 and the amendments
made by such sections.''; and
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)''.
SEC. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING
PROCEDURES.
(a) In General.--The Secretary of Defense may not amend section 4
of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02,
relating to Sexual Assault Prevention and Response (SAPR) Program
Procedures, or otherwise prescribe any regulations or guidance relating
to the treatment and handling of unrestricted and restricted reports of
sexual assault, until 30 days after notifying the congressional defense
committees of the proposed amendment or modification.
(b) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given the
term in section 101(a) of title 10, United States Code.
SEC. 7. PROFESSIONALIZATION OF MILITARY PROSECUTORS.
(a) In General.--The Secretary of Defense shall increase enhanced
and specialized training to certain prosecutors on the proper conduct,
presentation, and handling of sexual assault and domestic violence
cases.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the program implemented
under subsection (a).
SEC. 8. INCREASED TRAINING AND EDUCATION ON MILITARY SEXUAL ASSAULT.
(a) Uniformed Officers and Senior Enlisted Leaders.--
(1) Uniformed officers.--All uniformed officers of the
military services shall be required within 2 years of the date
of the enactment of this Act to complete training on military
sexual assault prevention equivalent to that provided to Sexual
Assault Prevention and Response Victim Advocates before those
officers may be considered for promotion to a grade at or above
O-5. A portion of this training shall be in-person, facilitated
training.
(2) Enlisted leaders.--All senior enlisted leaders of the
military services will be required within 2 years of the date
of the enactment of this Act to complete a training on military
sexual assault prevention equivalent to that provided to the
Sexual Assault Prevention and Response Victim Advocates before
enlisted service members may be considered for promotion to a
grade at or above E-9. A portion of this training shall be in-
person, facilitated training.
(b) Officer Candidates and ROTC.--
(1) In general.--The United States Army Cadet Command, the
Naval Education and Training Command, the Air Education and
Training Command, and the Coast Guard Recruiting Command shall
carry out a program for increasing training on the prevention
of military sexual assault within cadet ranks. A portion of
this training shall be in-person, facilitated training.
(2) Report on development of plan.--Not later than 180 days
after the date of the enactment of this Act, the United States
Army Cadet Command, the Naval Education and Training Command,
the Air Education and Training Command, and the Coast Guard
Recruiting Command shall submit to the congressional defense
committees a report on the development of the program required
under paragraph (1) and a plan for execution.
(3) Report on implementation.--Not later than 2 years after
the date of the enactment of this Act, the United States Army
Cadet Command, the Naval Education and Training Command, the
Air Education and Training Command, and the Coast Guard
Recruiting Command shall submit to the congressional defense
committees a report on the implementation of the program
required under paragraph (1).
(c) Military Service Academies.--
(1) In general.--The Superintendents of the military
service academies shall carry out additional military sexual
assault prevent training and education at the academies. A
portion of this training shall be in-person, facilitated
training.
(2) Report.--The Secretary of Defense, in consultation with
the Superintendents of the military service academies, shall
submit a report to the congressional defense committees
describing the additional training and education implemented
pursuant to paragraph (1).
SEC. 9. INCREASING THE PHYSICAL SECURITY OF MILITARY INSTALLATIONS.
(a) Survey.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a survey
of all lodging and living spaces on military installations to identify,
replace, or repair locking mechanisms on points of entry, identify
areas of installation of closed-circuit television (CCTV) security
cameras, and other passive security measures as necessary to increase
the prevention of crimes, including sexual assault, on military
installations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the survey
conducted under subsection (a).
(c) Program.--Based on the results of the survey conducted under
subsection (a), the Secretary of Defense shall carry out a program for
increasing the security of all lodging and living spaces on military
installations, including replacing or repairing locking mechanisms on
points of entry, installation of CCTV security cameras, and other
passive security measures as necessary to increase the prevention of
crimes, including sexual assault, on military installations.
SEC. 10. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date and Applicability.--This Act and the amendments
made by this Act shall take effect 180 days after the date of the
enactment of this Act, and shall apply with respect to any allegation
of charges of an offense specified in subsection (b) of section 2, and
not excluded under subsection (c) of section 2, which offense occurs on
or after such effective date.
(b) Revisions of Policies and Procedures.--Any revision of policies
and procedures required of the military departments or the Department
of Homeland Security as a result of this part and the amendments made
by this part shall be completed so as to come into effect together with
the coming into effect of this Act and the amendments made by this Act
in accordance with subsection (a).
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