SASC markup of FY23 NDAA

The executive summary of the FY23 National Defense Authorization Act as approved by the Senate Armed Services Committee can be found here. The actual language of the bill has not yet been released, but the "Strengthening Military Justice" section (pp. 17-18) recites that the measure:

• Makes various additional modifications to military justice reforms enacted in last year’s bill, including adding additional covered offenses to those over which the Office of Special Trial Counsel will exercise authority, requiring the President to amend the Manual for Courts-Martial to ensure that residual prosecutorial and judicial duties with respect to covered offenses are transferred to an appropriate entity, and requiring comprehensive reporting from the Department regarding implementation of last year’s reforms.
• Makes a number of technical corrections to article 24a of the Uniform Code of Military Justice (UCMJ) (10 U.[S].C. 824a) concerning the creation of the Office of Special Trial Counsel, enacted in last year's UCMJ reform.
• Amends Article 66 of the UCMJ to authorize judicial review of any conviction by court-martial, regardless of the sentence imposed; amends Article 69 of the UCMJ to clarify the scope of review in general and special court-martial cases reviewed by a Judge Advocate General.
• Amends Article 25 of the UCMJ to require the randomized selection of personnel for service as panel members on courts-martial under regulations prescribed by the President.
• Requires the Secretary of Defense, through the Sexual Assault Prevention and Response Office, to provide for the coordinated distribution and referral of information on the availability of resources provided by civilian legal services organizations to military-connected sexual assault victims.
• Authorizes civilian employees of the DOD to make restricted reports of sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.
• Expands on last year’s creation of a primary prevention research agenda by including specific research topics regarding interpersonal and self-directed violence.
• Requires the Department’s Primary Prevention Workforce authorized in the FY22 NDAA to incorporate findings and conclusions from the primary prevention research agenda.