Brown, Strickland, Jones Introduce Bill To Improve Racial Disparity Reporting In Military Justice System

Statement

Congressman Anthony G. Brown (MD-04), Congresswoman Marilyn Strickland (WA-10), and Congressman Mondaire Jones (NY-17) introduced legislation to improve demographic reporting within the military justice system. Provisions from this legislation were included in the FY22 National Defense Authorization Act.

Racial disparities in the military justice system are longstanding. Black and Hispanic service members are more likely than white service members to be the subject of investigation for serious crimes and to be tried in general and special courts-martial. A 2020 evaluation on racial disparities conducted by the Department of Defense found their assessment of the causes of racial disparities limited by inadequate data collection, an issue identified more than a decade ago. These new reporting requirements would give lawmakers and commanders the foundational data needed to guarantee a more equitable military justice system.

"Our military justice system is not upholding our higher values of equal justice and fairness. The impact of these disparities is disproportionately felt by Black and brown servicemembers," said Congressman Anthony Brown, a former JAG officer. "This legislation is an important step forward to ensuring accountability in our military justice system and is how we begin ensuring true justice for all who serve, no matter their race or background."

"With 43 percent of our active-duty force represented by people of color, we must take immediate action to eliminate racial disparities from our military justice system," said Congresswoman Marilyn Strickland. "I thank my friends and colleagues, Representatives Brown and Jones, for their extraordinary leadership and partnership in advancing fairness, justice, and accountability for all servicemembers, regardless of their race or background. As provisions from our bill become law, the final Defense Budget brings us one step closer to building a more equitable military justice system."

"Our nation was built on the principle of equal justice under the law," said Congressman Mondaire Jones. "But all too often, 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."

This legislation would require detailed, quantitative annual demographic reporting on action taken with alleged offenses at multiple steps in the judicial process including; reported offenses, investigations, administrative action, punishment, and courts-martial.

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