REFORM Act
Bill: H.R.7446 | Sponsor: Rep. Brown, Anthony G. (D-MD)
Policy area: Armed Forces and National Security

Summary:
Restoring Equity For Offenses Related to Marijuana Act or the REFORM Act
This bill limits the maximum punishment for offenses related to the wrongful use or possession of marijuana under the Uniform Code of Military Justice (UCMJ) and includes certain offenses related to controlled substances as ones handled by Special Trial Counsel.

To amend the Uniform Code of Military Justice to modify the treatment 
  of certain controlled substance violations, 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 ``Restoring Equity For Offenses 
Related to Marijuana Act'' or the ``REFORM Act''.

SEC. 2. LIMITATION ON MAXIMUM PUNISHMENT FOR CERTAIN OFFENSES UNDER THE 
              UNIFORM CODE OF MILITARY JUSTICE.

    Section 856(a) of title 10, United States Code (article 56(a) of 
the Uniform Code of Military Justice), is amended--
            (1) by striking ``The punishment which'' and inserting the 
        following:
            ``(1) The punishment which''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) The President may not prescribe a limit that exceeds 
        the limits specified in paragraph (3).
            ``(3) The limits referred to in paragraph (2) are as 
        follows:
                    ``(A) The limit for wrongful use of marijuana under 
                subsection (a) of section 912a of this title (article 
                112a) shall not exceed the limit for drunk on duty 
                under subsection (a) of section 912 of this title 
                (article 112).
                    ``(B) The limit for wrongful possession of 
                marijuana under subsection (a) of section 912a of this 
                title (article 112a) shall not exceed the limit for 
                incapacitation for duty from drunkenness or drug use 
                under subsection (b) of section 912 of this title 
                (article 112).''.

SEC. 3. INCLUSION OF CERTAIN CONTROLLED SUBSTANCE VIOLATIONS IN 
              DEFINITION OF COVERED OFFENSE.

    (a) In General.--Section 801(17)(A) of title 10, United States Code 
(article 1(17)(A) of the Uniform Code of Military Justice), as amended 
by section 533 of the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117-81), is amended--
            (1) by striking ``or''; and
            (2) by striking ``of this title'' and inserting ``, the 
        offense of manufacture of a controlled substance punishable 
        under section 912a (article 112a), the offense of distribution 
        of a controlled substance punishable under section 912a 
        (article 112a), or the offense of introduction of a controlled 
        substance punishable under section 912a (article 112a) of this 
        title''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect immediately after the coming into effect of the amendments 
made by section 533 of the National Defense Authorization Act for 
Fiscal Year 2022 (Public Law 117-81) as provided in section 539C of 
that Act.

SEC. 4. ANNUAL REPORT ON CONTROLLED SUBSTANCE TESTING.

    (a) Annual Report.--
            (1) In general.--Not later than March 1, 2023, and not 
        later than March 1 of each year thereafter through March 1, 
        2027, each Secretary of a military department shall submit to 
        the congressional defense committees a report on the drug 
        testing and evaluation program in the prior fiscal year.
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the previous ten fiscal years with respect to the 
        Armed Forces covered by such report, the following:
                    (A) The number of drug tests administered, 
                disaggregated by statistical category.
                    (B) The number of positive drug tests, 
                disaggregated by statistical category and substance.
                    (C) The percentage of positive drug tests from 
                administered drug tests, disaggregated by statistical 
                category and substance.
                    (D) The number of each type of punishment imposed, 
                disaggregated by statistical category and substance.
                    (E) The percentage of each type of punishment 
                imposed from the positive drug tests, disaggregated by 
                statistical category and substance.
                    (F) The data in subparagraphs (A) through (E) 
                disaggregated for each of the ten largest military 
                installations in the United States (based on the number 
                of active duty personnel assigned to the installation 
                and family members residing on or in the vicinity of 
                the installations).
                    (G) An analysis of any disparities among race, 
                gender, ethnicity, and military installation during the 
                year covered by the report.
            (3) Personal information exclusion.--The Secretary of a 
        military department may exclude a military installation from 
        disaggregation under paragraph (2) if such disaggregation could 
        be used to uniquely identify a service member.
            (4) Statistical category.--In this section, the term 
        ``statistical category'' means the categories of race, gender, 
        ethnicity, and rank.
            (5) Availability of reports and data.--The Secretary of 
        Defense shall--
                    (A) make the results of each report under paragraph 
                (1) available on a publicly accessible website of the 
                Department of Defense; and
                    (B) ensure that any data included with the report 
                is made available in a machine-readable format that is 
                downloadable, searchable, and sortable.
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