Sec. 591. Modification to annual reports on racial and ethnic demographics in the military justice system
734 words·~3 min read·
/bill/118/hr/8070/rds/section-591·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 486 of title 10, United States Code, is amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection: In addition to the information described in subsection (b), the report of a Secretary of a military department for an armed force under subsection
(a)shall contain statistics and other information on administrative separations and other administrative sanctions issued during the year covered by the report, including— the number of administrative separations and other administrative sanctions issued, disaggregated by— statistical category as related to the individual subject to separation or sanction; the active and reserve components; and the category of conduct that gave rise to the separation or sanction; of the separations and sanctions included under paragraph (1), the number of cases in which the individual subject to separation or sanction made a claim against the Department of Defense (including any claims of sexual harassment or sexual assault) before the separation or other sanction was imposed; identification of each administrative case that extended beyond 90 days and an explanation for the delay; and based on all sources of information available to the Secretary, including any information available from inspectors general or equal opportunity offices, the number of complaints filed by individuals who were subjects of an administrative investigation, disaggregated by statistical category. . The Comptroller General of the United States shall conduct a review of all reports submitted under section 486 of title 10, United States Code. In conducting such review, the Comptroller General shall— evaluate the sufficiency of the information contained in the reports; analyze trends based on such information; analyze the effects of disparities and other challenges revealed in such reports, including effects on— recruiting and retention; readiness; and the national security of the United States; and evaluate the progress of the Armed Forces in addressing such disparities and challenges. Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the review conducted under paragraph (1). Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a training program to ensure that personnel of the Department of Defense responsible for conducting administrative investigations have the knowledge necessary to properly conduct such investigations and to ensure the fair treatment of complainants and individuals subject to investigation. The training program under paragraph
(1)shall incorporate objective testing to measure the knowledge and abilities of personnel who receive the training. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the training program under paragraph (1), which shall include— a description of the training program; and an evaluation of the results achieved by the training program as of the date of the briefing. The Secretary of Defense shall issue regulations establishing due process protections for members of the Armed Forces subject to administrative investigations and related disciplinary proceedings. In issuing such regulations, the Secretary shall— establish a standard of proof that must be met before administrative discipline may be imposed on a member; ensure that a member has the opportunity to respond during each phase of an administrative investigation and disciplinary proceeding; and ensure that a member serving on a part-time basis will be placed in an appropriate duty status and fully compensated for any time spent participating or responding to the investigative or disciplinary process. On an annual basis, the head of each board for correction of military records (as described in section 1552 of title 10 United States Code) and discharge review board (as described in section 1553 of such title) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes, with respect to to the year covered by the report— the number of cases considered by the board, disaggregated by race, sex, ethnicity, and rank as related to the member of the Armed Forces subject to the review of the board; of such cases, the number that resulted in an adverse determination against a member, disaggregated as described in paragraph (1); the reasons for such adverse determinations.