[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1079 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1079

    To amend the Uniform Code of Military Justice to eliminate the 
    authority of the convening authority to modify the findings and 
    sentence of a court-martial as a matter of command prerogative 
       involving the sole discretion of the convening authority.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2013

Ms. Speier (for herself, Mr. Meehan, Mr. Braley of Iowa, Ms. Pingree of 
  Maine, Ms. Kuster, Ms. Edwards, and Mrs. Carolyn B. Maloney of New 
    York) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To amend the Uniform Code of Military Justice to eliminate the 
    authority of the convening authority to modify the findings and 
    sentence of a court-martial as a matter of command prerogative 
       involving the sole discretion of the convening authority.

    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 ``Military Judicial Reform Act of 
2013''.

SEC. 2. ELIMINATION OF CONVENING AUTHORITY DISCRETION TO MODIFY THE 
              FINDINGS AND SENTENCE OF COURTS-MARTIAL.

    (a) Required Action by Convening Authority Upon Receipt of Court-
Martial Findings and Sentence.--Section 860 of title 10, United States 
Code (article 60 of the Uniform Code of Military Justice) is amended by 
striking subsections (c) through (e) and inserting the following new 
subsection (c):
    ``(c)(1) As soon as practicable after the receipt of the findings 
and sentence of a court-martial by the convening authority, the 
convening authority shall approve of the sentence in whole. Except as 
provided in section 858b(b) of this title (article 58b(b)), the 
convening authority shall have no authority whatsoever to modify the 
findings or sentence of the court-martial.
    ``(2) Under regulations of the Secretary concerned, a commissioned 
officer commanding for the time being, a successor in command, or any 
person exercising general court-martial jurisdiction may act under 
paragraph (1) in place of the convening authority.''.
    (b) Submission of Matters by the Accused; Treatment.--Subsection 
(b) of such section and article is amended to read as follows:
    ``(b)(1) The accused may submit to the convening authority matters 
for inclusion in the final record of trial. Any such submission shall 
be in writing. Except in a summary court-martial case, such a 
submission shall be made within 10 days after the accused has been 
given an authenticated record of trial. In a summary court-martial 
case, such a submission shall be made within seven days after the 
sentence is announced.
    ``(2) If the accused shows that additional time is required for the 
accused to submit such matters, the convening authority or other person 
taking action under this section, for good cause, may extend the 
applicable period under paragraph (1) for not more than an additional 
20 days.
    ``(3) In a summary court-martial case, the accused shall be 
promptly provided a copy of the record of trial for use in preparing a 
submission authorized by paragraph (1).
    ``(4) The accused may waive the right to make a submission under 
paragraph (1). Such a waiver may not be revoked.''.
    (c) Repeal of Other Authority for Convening Authority To Suspend 
Sentence.--Section 871 of such title (article 71 of the Uniform Code of 
Military Justice) is amended by striking subsection (d).
    (d) Conforming Amendments.--
            (1) UCMJ.--Section 856a(b) of such title (article 56a(b) of 
        the Uniform Code of Military Justice) is amended by striking 
        paragraph (1) and inserting the following new paragraph:
            ``(1) the sentence is set aside or otherwise modified as a 
        result of any action authorized to be taken during post-trial 
        procedure and review under subchapter IX;''.
            (2) Transitional compensation for dependents of members 
        separated for dependent abuse.--Section 1059(e) of such title 
        is amended by striking paragraph (3).
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