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1 1 (May 25, 2021)

handle is hein.crs/govedkp0001 and id is 1 raw text is: Congressional SResearch Service Sexual Assault, the Military Justice System and Commanders' Authority: Recent Developments May 25, 2021 Over the past two decades, Congress has taken legislative action to address sexual misconduct in the military and to improve prevention, response, and accountability through the military justice system. Despite legislative changes and Department of Defense (DOD) initiatives, sexual assault reporting and prevalence data indicate continued risk factors and room for improvement across several metrics. Arecent independent review at Fort Hood which found ineffective implementation of the Army's sexual harassment and assault prevention program, has raised additional congressional concerns. Bills introduced the 116th and 117th Congress would require certain changes to the military justice system with respect to sexual harassment and assault. One proposed change applies to military commanders' statutory authority, under the Uniform Code of Military Justice (UCMJ; Chapter 47, Title 10 United States Code), to dispose of certain sex-related cases. Members of Congress, victim advocacy groups, DOD officials, legal scholars, and other stakeholders continue to debate proposals to transfer this authority from commanders to career prosecutors. In a February 26, 2021, memorandum, Secretary of Defense Lloyd J. Austin III ordered the creation of a 90-day Independent Review Commission (IRC) to address sexual assault in the military. According to DOD reporting, the IRC has four lines of effort: 1) accountability, 2) prevention, 3) climate and culture, and 4) victim care and support. The commission began work on March 24, 2021, and has provided some initial recommendations to Secretary Austin, including those related to the commander's authority. While some officials have argued against transferring authority from commanders to career prosecutors, a few senior military leaders recently expressed openness to changing military justice processes. Current Law and Practice: the Commander's Disposition Authority Military servicemembers are subject to punishment under the Uniform Code of Military Justice (UCMJ, Chapter 47, Title 10 United States Code). Military criminal investigative organizations (MCIOs) have Congressional Research Service https://crsreports.congress.gov IN11680 CRS INSIGHT Prepared for Membersand Committeesof Congress

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