Title: A bill to enhance effective prosecution and defense in courts-martial, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill amends the National Defense Authorization Act for Fiscal Year 2017 to require of detailed trial and defense counsel in a court-martial that there be adequate supervision and oversight to ensure effective prosecution and defense in the court-martial.
The military department concerned may assign the function of supervising and overseeing prosecution or defense in courts-martial by less experienced judge advocates to civilian employees of the department or the Department of Homeland Security, as applicable, who have extensive litigation experience.
The bill revises requirements concerning pilot programs on the professional development process for judge advocates to direct the military department concerned to assess the feasibility and advisability of a military justice career track for judge advocates under the department's jurisdiction.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1408 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1408

To enhance effective prosecution and defense in courts-martial, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2017

 Mrs. Ernst (for herself and Mrs. Gillibrand) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To enhance effective prosecution and defense in courts-martial, 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. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-
              MARTIAL AND RELATED MATTERS.

    (a) Additional Element in Program for Effective Prosecution and 
Defense.--Subsection (a)(1) of section 542 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-329; 130 Stat. 
2126; 10 U.S.C. 827 note) is amended by inserting before the semicolon 
the following: ``or there is adequate supervision and oversight of 
trial counsel and defense counsel so detailed to ensure effective 
prosecution and defense in the court-martial''.
    (b) Assignment of Civilian Employees To Supervise Less Experienced 
Judge Advocates in Prosecution and Defense.--Such section is further 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Assignment of Civilian Employees To Supervise Less 
Experienced Judge Advocates in Prosecution and Defense.--
            ``(1) Assignment authorized.--The Secretary concerned may 
        assign the function of supervising and overseeing prosecution 
        or defense in courts-martial by less experienced judge 
        advocates to civilian employees of the military department 
        concerned or the Department of Homeland Security, as 
        applicable, who have extensive litigation expertise.
            ``(2) Status as supervisor.--A civilian employee assigned 
        to supervise and oversee the prosecution or defense in a court-
        martial pursuant to this subsection is not required to be 
        detailed to the case, but must be reasonably available for 
        consultation during court-martial proceedings.''.
    (c) Pilot Programs on Professional Developmental Process for Judge 
Advocates.--Subsection (d) of such section, as redesignated by 
subsection (b)(1) of this section, is amended--
            (1) in paragraph (1), striking ``establishing'' and all 
        that follows and inserting ``a military justice career track 
        for judge advocates under the jurisdiction of the Secretary.'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) Elements.--Each pilot program shall include the 
        following:
                    ``(A) A military justice career track for judge 
                advocates that leads to judge advocates with military 
                justice expertise in the grade of colonel, or in the 
                grade of captain in the case of judge advocates of the 
                Navy, to prosecute and defend complex cases in military 
                courts-martial.
                    ``(B) The use of skill identifiers to identify 
                judge advocates for participation in the pilot program 
                from among judge advocates having appropriate skill and 
                experience in military justice matters.
                    ``(C) Guidance for promotion boards considering the 
                selection for promotion of officers participating in 
                the pilot program in order to ensure that judge 
                advocates who are participating in the pilot program 
                have the same opportunity for promotion as all other 
                judge advocate officers being considered for promotion 
                by such boards.
                    ``(D) Such other matters as the Secretary concerned 
                considers appropriate.''.
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