Sec. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES

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## SEC. 576 INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES ###

(a)Independent Reviews and Assessments Required ####

(1)Response systems to adult sexual assault crimes The Secretary of Defense shall establish a panel to conduct an independent review and assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), for the purpose of developing recommendations regarding how to improve the effectiveness of such systems. ####

(2)Judicial proceedings since fiscal year 2012 amendments The Secretary of Defense shall establish a panel to conduct an independent review and assessment of judicial proceedings conducted under the Uniform Code of Military Justice involving adult sexual assault and related offenses since the amendments made to the Uniform Code of Military Justice by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1404) for the purpose of developing recommendations for improvements to such proceedings. ###

(b)Establishment of Independent Review Panels ####

(1)Composition #####

(A)Response systems panel The panel required by subsection (a)(1) shall be composed of nine members, five of whom are appointed by the Secretary of Defense and one member each appointed by the chairman and ranking member of the Committees on Armed Services of the Senate and the House of Representatives. #####

(B)Judicial proceedings panel The panel required by subsection (a)(2) shall be appointed by the Secretary of Defense and consist of five members, two of whom must have also served on the panel established under subsection (a)(1). ####

(2)Qualifications The members of each panel shall be selected from among private United States citizens who collectively possess expertise in military law, civilian law, the investigation, prosecution, and adjudication of sexual assaults in State and Federal criminal courts, victim advocacy, treatment for victims, military justice, the organization and missions of the Armed Forces, and offenses relating to rape, sexual assault, and other adult sexual assault crimes. ####

(3)Chair The chair of each panel shall be appointed by the Secretary of Defense from among the members of the panel. ####

(4)Period of appointment; vacancies Members shall be appointed for the life of the panel. Any vacancy in a panel shall be filled in the same manner as the original appointment. ####

(5)Deadline for appointments #####

(A)Response systems panel All original appointments to the panel required by subsection (a)(1) shall be made not later than 120 days after the date of the enactment of this Act. #####

(B)Judicial proceedings panel All original appointments to the panel required by subsection (a)(2) shall be made before the termination date of the panel established under subsection (a)(1), but no later than 30 days before the termination date. ####

(6)Meetings A panel shall meet at the call of the chair. ####

(7)First meeting The chair shall call the first meeting of a panel not later than 60 days after the date of the appointment of all the members of the panel. ###

(c)Reports and Duration ####

(1)Response systems panel The panel established under subsection (a)(1) shall terminate upon the earlier of the following: #####

(A)Thirty days after the panel has submitted a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. #####

(B)Twelve months after the first meeting of the panel, by which date the panel is expected to have made its report. ####

(2)Judicial proceedings panel #####

(A)First report The panel established under subsection (a)(2) shall submit a first report, including any proposals for legislative or administrative changes the panel considers appropriate, to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives not later than 180 days after the first meeting of the panel. #####

(B)Subsequent reports The panel established under subsection (a)(2) shall submit subsequent reports annually thereafter during fiscal years 2014 through 2017. #####

(C)Termination The panel established under subsection (a)(2) shall terminate on September 30, 2017. ###

(d)Duties of Panels ####

(1)Response systems panel In conducting a systemic review and assessment, the panel required by subsection (a)(1) shall provide recommendations on how to improve the effectiveness of the investigation, prosecution, and adjudication of crimes involving adult sexual assault and related offenses under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). The review shall include the following: #####

(A)Using criteria the panel considers appropriate, an assessment of the strengths and weaknesses of the systems, including the administration of the Uniform Code of the Military Justice, and the investigation, prosecution, and adjudication, of adult sexual assault crimes during the period 2007 through 2011. #####

(B)A comparison of military and civilian systems for the investigation, prosecution, and adjudication of adult sexual assault crimes. This comparison shall include an assessment of differences in providing support and protection to victims and the identification of civilian best practices that may be incorporated into any phase of the military system. #####

(C)An assessment of advisory sentencing guidelines used in civilian courts in adult sexual assault cases and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial. #####

(D)An assessment of the training level of military defense and trial counsel, including their experience in defending or prosecuting adult sexual assault crimes and related offenses, as compared to prosecution and defense counsel for similar cases in the Federal and State court systems. #####

(E)An assessment and comparison of military court-martial conviction rates with those in the Federal and State courts and the reasons for any differences. #####

(F)An assessment of the roles and effectiveness of commanders at all levels in preventing sexual assaults and responding to reports of sexual assault. #####

(G)An assessment of the strengths and weakness of proposed legislative initiatives to modify the current role of commanders in the administration of military justice and the investigation, prosecution, and adjudication of adult sexual assault crimes. #####

(H)An assessment of the adequacy of the systems and procedures to support and protect victims in all phases of the investigation, prosecution, and adjudication of adult sexual assault crimes, including whether victims are provided the rights afforded by section 3771 of title 18, United States Code, Department of Defense Directive 1030.1, and Department of Defense Instruction 1030.2. #####

(I)Such other matters and materials the panel considers appropriate. ####

(2)Judicial proceedings panel The panel required by subsection (a)(2) shall perform the following duties: #####

(A)Assess and make recommendations for improvements in the implementation of the reforms to the offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice that were enacted by section 541 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1404). #####

(B)Review and evaluate current trends in response to sexual assault crimes whether by courts-martial proceedings, non-judicial punishment and administrative actions, including the number of punishments by type, and the consistency and appropriateness of the decisions, punishments, and administrative actions based on the facts of individual cases. #####

(C)Identify any trends in punishments rendered by military courts, including general, special, and summary courts-martial, in response to sexual assault, including the number of punishments by type, and the consistency of the punishments, based on the facts of each case compared with the punishments rendered by Federal and State criminal courts. #####

(D)Review and evaluate court-martial convictions for sexual assault in the year covered by the most-recent report required by subsection (c)(2) and the number and description of instances when punishments were reduced or set aside upon appeal and the instances in which the defendant appealed following a plea agreement, if such information is available. #####

(E)Review and assess those instances in which prior sexual conduct of the alleged victim was considered in a proceeding under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), and any instances in which prior sexual conduct was determined to be inadmissible. #####

(F)Review and assess those instances in which evidence of prior sexual conduct of the alleged victim was introduced by the defense in a court-martial and what impact that evidence had on the case. #####

(G)Building on the data compiled as a result of paragraph (1)(D), assess the trends in the training and experience levels of military defense and trial counsel in adult sexual assault cases and the impact of those trends in the prosecution and adjudication of such cases. #####

(H)Monitor trends in the development, utilization and effectiveness of the special victims capabilities required by section 573 of this Act. #####

(I)Monitor the implementation of the April 20, 2012, Secretary of Defense policy memorandum regarding withholding initial disposition authority under the Uniform Code of Military Justice in certain sexual assault cases. #####

(J)Consider such other matters and materials as the panel considers appropriate for purposes of the reports. ####

(3)Utilization of other studies In conducting reviews and assessments and preparing reports, a panel may review, and incorporate as appropriate, the data and findings of applicable ongoing and completed studies. ###

(e)Authority of Panels ####

(1)Hearings A panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section. ####

(2)Information from federal agencies Upon request by the chair of a panel, a department or agency of the Federal Government shall provide information that the panel considers necessary to carry out its duties under this section. ###

(f)Personnel Matters ####

(1)Pay of members Members of a panel shall serve without pay by reason of their work on the panel. ####

(2)Travel expenses The members of a panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel. ####

(3)Staffing and resources The Secretary of Defense shall provide staffing and resources to support the panels, except that the Secretary may not assign primary responsibility for such staffing and resources to the Sexual Assault Prevention and Response Office.

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Pub. L. 112-81
125 Stat. 1404

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Sec. 576

INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF SEXUAL ASSAULT CASES

Pub. L.Pub. L. 112-81

Stat.125 Stat. 1404

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