I 

114TH CONGRESS 

2D SESSION H. R. 5257 

To provide for a career military justice litigation track for judge advocates 

in the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2016 

Mr. ZINKE (for himself and Mr. DESANTIS) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To provide for a career military justice litigation track for 

judge advocates in the Armed Forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Victims 

5 of Military Sexual Assault Act’’. 

6 SEC. 2. CAREER MILITARY JUSTICE LITIGATION TRACK 

7 FOR JUDGE ADVOCATES. 

8 (a) CAREER LITIGATION TRACK REQUIRED.— 

9 (1) IN GENERAL.—The Secretary of each mili10 tary department shall establish a career military jusVerDate Sep 11 2014 00:13 May 18, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5257.IH H5257

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1 tice litigation track for judge advocates in the 

2 Armed Forces under the jurisdiction of the Sec3 retary. 

4 (2) CONSULTATION.—The Secretary of the 

5 Army and the Secretary of the Air Force shall estab6 lish the litigation track required by this section in 

7 consultation with the Judge Advocate General of the 

8 Army and the Judge Advocate General of the Air 

9 Force, respectively. The Secretary of the Navy shall 

10 establish the litigation track in consultation with the 

11 Judge Advocate General of the Navy and the Staff 

12 Judge Advocate to the Commandant of the Marine 

13 Corps. 

14 (b) ELEMENTS.—Each career litigation track under 

15 this section shall provide for the following: 

16 (1) Assignment and advancement of qualified 

17 judge advocates in and through assignments and bil18 lets relating to the practice of military justice under 

19 chapter 47 of title 10, United States Code (the Uni20 form Code of Military Justice). 

21 (2) Establishing for each Armed Force the as22 signments and billets covered by paragraph (1), 

23 which shall include trial counsel, defense counsel, 

24 military trial judge, military appellate judge, aca25 demic instructor, all positions within criminal law ofVerDate Sep 11 2014 00:13 May 18, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5257.IH H5257

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1 fices or divisions of such Armed Force, Special Vic2 tims Prosecutor, Victims’ Legal Counsel, Special 

3 Victims’ Counsel, and such other positions as the 

4 Secretary of the military department concerned shall 

5 specify. 

6 (3) For judge advocates participating in such 

7 litigation track, mechanisms as follows: 

8 (A) To prohibit a judge advocate from 

9 more than a total of four years of duty or as10 signments outside such litigation track. 

11 (B) To prohibit any adverse assessment of 

12 a judge advocate so participating by reason of 

13 such participation in the promotion of officers 

14 through grade O–6 (or such higher grade as the 

15 Secretary of the military department concerned 

16 shall specify for purposes of such litigation 

17 track). 

18 (4) Such additional requirements and qualifica19 tions for the litigation track as the Secretary of the 

20 military department concerned considers appro21 priate, including requirements and qualifications 

22 that take into account the unique personnel needs 

23 and requirement of an Armed Force. 

24 (c) IMPLEMENTATION DEADLINE.—Each Secretary 

25 of a military department shall implement the career litigaVerDate Sep 11 2014 00:13 May 18, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5257.IH H5257

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1 tion track required by this section for the Armed Forces 

2 under the jurisdiction of such Secretary by not later than 

3 18 months after the date of the enactment of this Act. 

4 (d) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, each Secretary of a military 

6 department shall submit to the Committees on Armed 

7 Services of the Senate and the House of Representatives 

8 a report on the progress of such Secretary in imple9 menting the career litigation track required under this sec10 tion for the Armed Forces under the jurisdiction of such 

11 Secretary. 

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