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Reps. Escobar and Jones Introduce Legislation to Increase Transparency in Military Justice Process

"As Congress and the Biden administration work to reform the military justice system, it is critical for the Department of Defense to collect and publicly report data on racial and ethnic demographics to better understand possible disparities and bias in military justice cases."

Congresswoman Veronica Escobar (TX-16), Vice Chair of the House Armed Services Subcommittee on Military Personnel, and Congressman Mondaire Jones (NY-17) announced the introduction of H.R. 5139, the Military Justice Transparency Act, legislation to require the Department of Defense (DoD) to collect and publicly report demographic data on individuals sentenced under the Uniform Code of Military Justice (UCMJ). Currently, the military is not required to collect or report such data, making it near impossible to identify or address racial, ethnic, and gender disparities in the military justice system.

“As Congress and the Biden administration work to reform the military justice system, it is critical for the Department of Defense to collect and publicly report data on racial and ethnic demographics to better understand possible disparities and bias in military justice cases,” said Congresswoman Escobar. “I am honored to co-lead the introduction of the Military Justice Transparency Act – which is key to delivering a system of justice worthy of our brave men and women in uniform.”

“Our nation was built on the principle of equal justice under the law,” said Congressman Jones. “But today, our military fails to live up to this basic promise. The startling lack of data collected or reported in proceedings under the Uniform Code of Military Justice means that we currently have no way of understanding where disparities exist in our military justice system or how bad they are. I’m proud that our bill will change that. By requiring the military to collect and publicly report this critical demographic data, we are taking a vital first step to ensuring the institution designed to uphold justice in our armed forces actually does so.”

Specifically, H.R. 5139 the Military Justice Transparency Act will:

  1. Require the Secretaries of the Army, Navy, Air Force, and Homeland Security (with respect to matters of the Coast Guard) to:
    1. Record the race, ethnicity, and gender of victims and the accused for investigations under the UCMJ.
    2. Record the race, ethnicity, and gender of individuals who received non-judicial punishment under article 15 of the UCMJ.
    3. Record the race, ethnicity, and gender of individuals convicted in a court-martial.
    4. Publish the recorded data in the annual military justice reports of the Armed Forces.

2. Require the Secretary of Defense to provide briefings to the House and Senate Armed Services Committees.

3. Require a report from the Government Accountability Office on their findings regarding racial disparities in the military justice system.

To read the full bill text click here.

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