Military Justice Oversight and Refinement Act of 2020

To improve the military justice system, and for other purposes. 1. Short title This Act may be cited as the Military Justice Oversight and Refinement Act of 2020 2. Briefing on the effectiveness of military justice reform Not later than 180 days after the date of the enactment of this Act, the Judge Advocates General of the Army, the Navy, the Air Force, and the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps shall each provide to the Committee on Armed Services of the House of Representatives a briefing on the results on the review and assessment conducted under section 946(f)(1) of title 10, United States Code (article 146(f)(1) of the Uniform Code of Military Justice). Each briefing shall include recommendations for improvements to the Uniform Code of Military Justice based on the results of such review and assessment. 3. Briefing Special Victims’ Counsel program (a) Briefing required Not later than 180 days after the date of the enactment of this Act, the Judge Advocates General of the Army, the Navy, the Air Force, and the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps shall each provide to the congressional defense committees a briefing on the status of the Special Victims’ Counsel program of the Armed Force concerned. (b) Elements Each briefing under subsection (a) shall include, with respect to the Special Victims’ Counsel program of the Armed Force concerned, the following: (1) An assessment of whether the Armed Force is in compliance with the provisions of the National Defense Authorization Act for Fiscal Year 2020 relating to the Special Victims’ Counsel program and, if not, what steps have been taken to achieve compliance with such provisions. (2) An estimate of the average caseload of each Special Victims’ Counsel. (3) A description of any staffing shortfalls in the Special Victims’ Counsel program or other programs of the Armed Force resulting from the additional responsibilities required of the Special Victims’ Counsel program under the National Defense Authorization Act for Fiscal Year 2020. (4) An explanation of the ability of Special Victims’ Counsel to adhere to requirement that a counsel respond to a request for services within 72 hours of receiving such request. (5) An assessment of the feasibility of providing cross-service Special Victims’ Counsel representation in instances where a Special Victims’ Counsel from a different Armed Force is co-located with a victim at a remote base. 4. Policy on separation of victim and accused at military service academies (a) In general The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which association between a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and the accused is minimized while both parties complete their course of study at the academy. (b) Elements The Secretary of Defense shall ensure that the policy developed under subsection (a)— (1) is fair to the both the alleged victim and the accused; and (2) provides for the confidentiality of the parties involved. (c) Military service academy defined The term military service academy (1) The United States Military Academy. (2) The United States Naval Academy. (3) The United States Air Force Academy. (4) The United States Coast Guard Academy. 5. Modification of reporting and data collection on victims of sexual offenses Section 547 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 10 U.S.C. 1561 (1) in subsection (a)— (A) in paragraph (1)— (i) by striking accused of suspected of (ii) by striking assault offense (B) in paragraph (2), by striking accused of suspected of (C) in paragraph (3)— (i) by striking assaults offenses (ii) by striking an accusation suspicion of (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (b) the following new subsection: (b) Guidance required The Secretary of Defense shall issue guidance to ensure the uniformity of the data collected by each Armed Force for purposes of subsection (a). At a minimum, such guidance shall establish— (1) standardized methods for the collection of the data required to be reported under such subsection; and (2) standardized definitions for the terms sexual offense collateral misconduct adverse action ; and (4) by amending subsection (c), as so redesignated, to read as follows: (c) Definitions In this section: (1) The term covered individual (2) The term suspected of chapter 47 . 6. Guardian ad litem program for minor dependents of members of the Armed Forces Section 540L(b)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 , including an assessment of the feasibility and advisability of establishing a guardian ad litem program for military dependents living outside the United States

Summary: Military Justice Oversight and Refinement Act of 2020 This bill requires requires the Department of Defense to prescribe a policy to minimize any association between a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and the accused while both parties complete their studies at the academy. The bill also requires each military branch to brief Congress on the effectiveness of the overhaul of its military justice system and the status of its Special Victims' Counsel program.