Title: Military Justice Oversight and Refinement Act of 2020
Policy area: Armed Forces and National Security

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7060 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7060

    To improve the military justice system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2020

 Mr. Turner (for himself and Mrs. Davis of California) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To improve the military justice system, 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 ``Military Justice Oversight and 
Refinement Act of 2020''.

SEC. 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.

SEC. 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.

SEC. 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'' means the following:
            (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.

SEC. 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 note) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``accused of'' and 
                        inserting ``suspected of''; and
                            (ii) by striking ``assault'' and inserting 
                        ``offense'';
                    (B) in paragraph (2), by striking ``accused of'' 
                and inserting ``suspected of''; and
                    (C) in paragraph (3)--
                            (i) by striking ``assaults'' and inserting 
                        ``offenses''; and
                            (ii) by striking ``an accusation'' and 
                        inserting ``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', and `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' means an individual who 
        is identified in the case files of a military criminal 
        investigative organization as a victim of a sexual offense that 
        occurred while that individual was serving on active duty as a 
        member of the Armed Forces.
            ``(2) The term `suspected of', when used with respect to a 
        covered individual suspected of collateral misconduct or crimes 
        as described in subsection (a), means that an investigation by 
        a military criminal investigative organization reveals facts 
        and circumstances that would lead a reasonable person to 
        believe that the individual committed an offense under chapter 
        47 of title 10, United States Code (the Uniform Code of 
        Military Justice).''.

SEC. 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; 133 Stat. 1373) is amended by 
adding before the period at the end the following: ``, including an 
assessment of the feasibility and advisability of establishing a 
guardian ad litem program for military dependents living outside the 
United States''.
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