[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5257 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5257
To provide for a career military justice litigation track for judge
advocates in the Armed Forces.
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IN THE HOUSE OF REPRESENTATIVES
May 16, 2016
Mr. Zinke (for himself and Mr. DeSantis) introduced the following bill;
which was referred to the Committee on Armed Services
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A BILL
To provide for a career military justice litigation track for judge
advocates in the Armed Forces.
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 ``Justice for Victims of Military
Sexual Assault Act''.
SEC. 2. CAREER MILITARY JUSTICE LITIGATION TRACK FOR JUDGE ADVOCATES.
(a) Career Litigation Track Required.--
(1) In general.--The Secretary of each military department
shall establish a career military justice litigation track for
judge advocates in the Armed Forces under the jurisdiction of
the Secretary.
(2) Consultation.--The Secretary of the Army and the
Secretary of the Air Force shall establish the litigation track
required by this section in consultation with the Judge
Advocate General of the Army and the Judge Advocate General of
the Air Force, respectively. The Secretary of the Navy shall
establish the litigation track in consultation with the Judge
Advocate General of the Navy and the Staff Judge Advocate to
the Commandant of the Marine Corps.
(b) Elements.--Each career litigation track under this section
shall provide for the following:
(1) Assignment and advancement of qualified judge advocates
in and through assignments and billets relating to the practice
of military justice under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
(2) Establishing for each Armed Force the assignments and
billets covered by paragraph (1), which shall include trial
counsel, defense counsel, military trial judge, military
appellate judge, academic instructor, all positions within
criminal law offices or divisions of such Armed Force, Special
Victims Prosecutor, Victims' Legal Counsel, Special Victims'
Counsel, and such other positions as the Secretary of the
military department concerned shall specify.
(3) For judge advocates participating in such litigation
track, mechanisms as follows:
(A) To prohibit a judge advocate from more than a
total of four years of duty or assignments outside such
litigation track.
(B) To prohibit any adverse assessment of a judge
advocate so participating by reason of such
participation in the promotion of officers through
grade O-6 (or such higher grade as the Secretary of the
military department concerned shall specify for
purposes of such litigation track).
(4) Such additional requirements and qualifications for the
litigation track as the Secretary of the military department
concerned considers appropriate, including requirements and
qualifications that take into account the unique personnel
needs and requirement of an Armed Force.
(c) Implementation Deadline.--Each Secretary of a military
department shall implement the career litigation track required by this
section for the Armed Forces under the jurisdiction of such Secretary
by not later than 18 months after the date of the enactment of this
Act.
(d) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress of such Secretary in
implementing the career litigation track required under this section
for the Armed Forces under the jurisdiction of such Secretary.
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