[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2992 Placed on Calendar Senate (PCS)]
Calendar No. 644
113th CONGRESS
2d Session
S. 2992
To amend title 10, United States Code, to reform procedures for
determinations to proceed to trial by court-martial for certain
offenses under the Uniform Code of Military Justice, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2014
Mrs. Gillibrand introduced the following bill; which was read the first
time
December 10, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to reform procedures for
determinations to proceed to trial by court-martial for certain
offenses under the Uniform Code of Military Justice, and for other
purposes.
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 Justice Improvement Act of
2014''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES ON CERTAIN OFFENSES WITH
AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN
ONE YEAR.
(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3), the Secretary of Defense shall
require the Secretaries of the military departments to
provide for the determination under section 830(b) of
such chapter (article 30(b) of the Uniform Code of
Military Justice) on whether to try such charges by
court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3) against a member of the Coast Guard
(when it is not operating as a service in the Navy),
the Secretary of Homeland Security shall provide for
the determination under section 830(b) of such chapter
(article 30(b) of the Uniform Code of Military Justice)
on whether to try such charges by court-martial as
provided in paragraph (4).
(2) Covered offenses.--An offense specified in this
paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice),
that is triable by court-martial under that chapter for
which the maximum punishment authorized under that
chapter includes confinement for more than one year.
(B) An offense of retaliation for reporting a crime
under section 893 of title 10, United States Code
(article 93 of the Uniform Code of Military Justice),
as amended by section 6 of this Act, regardless of the
maximum punishment authorized under that chapter for
such offense.
(C) An offense under section 907a of title 10,
United States Code (article 107a of the Uniform Code of
Military Justice), as added by section 7 of this Act,
regardless of the maximum punishment authorized under
that chapter for such offense.
(D) A conspiracy to commit an offense specified in
subparagraph (A) through (C) as punishable under
section 881 of title 10, United States Code (article 81
of the Uniform Code of Military Justice).
(E) A solicitation to commit an offense specified
in subparagraph (A) through (C) as punishable under
section 882 of title 10, United States Code (article 82
of the Uniform Code of Military Justice).
(F) An attempt to commit an offense specified in
subparagraphs (A) through (E) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 917 of
title 10, United States Code (articles 83 through 117
of the Uniform Code of Military Justice).
(B) An offense under section 933 or 934 of title
10, United States Code (articles 133 and 134 of the
Uniform Code of Military Justice).
(C) A conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881
of title 10, United States Code (article 81 of the
Uniform Code of Military Justice).
(D) A solicitation to commit an offense specified
in subparagraph (A) or (B) as punishable under section
882 of title 10, United States Code (article 82 of the
Uniform Code of Military Justice).
(E) An attempt to commit an offense specified in
subparagraph (A) through (D) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(4) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) The determination whether to try such charges
by court-martial shall be made by a commissioned
officer of the Armed Forces designated in accordance
with regulations prescribed for purposes of this
subsection from among commissioned officers of the
Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial
counsel under section 827 of title 10, United
States Code (article 27 of the Uniform Code of
Military Justice);
(ii) have significant experience in trials
by general or special court-martial; and
(iii) are outside the chain of command of
the member subject to such charges.
(B) Upon a determination under subparagraph (A) to
try such charges by court-martial, the officer making
that determination shall determine whether to try such
charges by a general court-martial convened under
section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice), or a special
court-martial convened under section 823 of title 10,
United States Code (article 23 of the Uniform Code of
Military Justice).
(C) A determination under subparagraph (A) to try
charges by court-martial shall include a determination
to try all known offenses, including lesser included
offenses.
(D) The determination to try such charges by court-
martial under subparagraph (A), and by type of court-
martial under subparagraph (B), shall be binding on any
applicable convening authority for a trial by court-
martial on such charges.
(E) The actions of an officer described in
subparagraph (A) in determining under that subparagraph
whether or not to try charges by court-martial shall be
free of unlawful or unauthorized influence or coercion.
(F) The determination under subparagraph (A) not to
proceed to trial of such charges by general or special
court-martial shall not operate to terminate or
otherwise alter the authority of commanding officers to
refer such charges for trial by summary court-martial
convened under section 824 of title 10, United States
Code (article 24 of the Uniform Code of Military
Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military
Justice).
(5) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that allege
an offense triable by court-martial under that chapter for
which the maximum punishment authorized under that chapter
includes confinement for one year or less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security
(with respect to the Coast Guard when it is not
operating as a service in the Navy) shall revise
policies and procedures as necessary to comply with
this subsection.
(B) Uniformity.--The General Counsel of the
Department of Defense and the General Counsel of the
Department of Homeland Security shall jointly review
the policies and procedures revised under this
paragraph in order to ensure that any lack of
uniformity in policies and procedures, as so revised,
among the military departments and the Department of
Homeland Security does not render unconstitutional any
policy or procedure, as so revised.
(7) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this subsection.
(b) Effective Date and Applicability.--Subsection (a), and the
revisions required by that subsection, shall take effect on the date
that is 180 days after the date of the enactment of this Act, and shall
apply with respect to charges preferred under section 830 of title 10,
United States Code (article 30 of the Uniform Code of Military
Justice), on or after such effective date.
SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND
SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) the officers in the offices established pursuant to
section 3(c) of the Military Justice Improvement Act of 2014 or
officers in the grade of O-6 or higher who are assigned such
responsibility by the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, or the Commandant of the Coast
Guard, but only with respect to offenses to which section
2(a)(1) of the Military Justice Improvement Act of 2014
applies;''.
(b) No Exercise by Officers in Chain of Command of Accused or
Victim.--Such section (article) is further amended by adding at the end
the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a
court-martial under this section if the officer is in the chain of
command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial
under sections 822 and 823 of title 10, United States
Code (articles 22 and 23 of the Uniform Code of
Military Justice), pursuant to paragraph (8) of section
822(a) of title 10, United States Code (article 22(a)
of the Uniform Code of Military Justice), as so
amended, with respect to offenses to which section
592(a)(1) applies.
(B) To detail under section 825 of title 10, United
States Code (article 25 of the Uniform Code of Military
Justice), members of courts-martial convened as
described in subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the Armed
Forces and civilian personnel of the Department of Defense, or
such members of the Coast Guard or civilian personnel of the
Department of Homeland Security, as may be detailed or assigned
to the office by the Chief of Staff or Commandant concerned.
The members and personnel so detailed or assigned, as the case
may be, shall be detailed or assigned from personnel billets in
existence on the date of the enactment of this Act.
SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES.
(a) In General.--The Secretaries of the military departments and
the Secretary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall carry out
sections 2 and 3 (and the amendments made by section 3) using
personnel, funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or Resources.--
Sections 2 and 3 (and the amendments made by section 3) shall not be
construed as authorizations for personnel, personnel billets, or funds
for the discharge of the requirements in such sections.
SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON
COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND
ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 576(d)(2) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
sections 2 through 4 of the Military Justice Improvement Act of
2014, and the amendments made by such sections.''.
SEC. 6. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING A CRIME AS
AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) In General.--Section 893 of title 10, United States Code
(article 93 of the Uniform Code of Military Justice), is amended by
inserting ``, or retaliating against any person subject to his orders
for reporting a criminal offense,'' after ``any person subject to his
orders''.
(b) Conforming Amendments.--
(1) Section (article) heading.--The heading of such section
(article) is amended to read as follows:
``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation for
reporting a crime''.
(2) Table of sections (articles).--The table of sections at
the beginning of subchapter X of chapter 47 of such title is
amended by striking the item relating to section 893 (article
93) and inserting the following new item:
``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a
crime.''.
(c) Repeal of Superseded Prohibition.--Section 1709 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 962; 10 U.S.C. 113 note) is repealed.
SEC. 7. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A SEPARATE OFFENCE
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Punitive Article.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is amended
by inserting after section 907 (article 107) the following new section
(article):
``Sec. 907a. Art. 107a. Obstruction of justice
``Any person subject to this chapter who wrongfully does a certain
act with the intent to influence, impede, or otherwise obstruct the due
administration of justice shall be punished as a court-martial may
direct. except that the maximum punishment authorized for such offense
may not exceed dishonorable discharge, forfeiture of all pay and
allowances, and confinement for not more than five years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of such title, as amended by section 6(b)(2)
of this Act, is further amended by inserting after the item relating to
section 907 (article 107) the following new item:
``907a. Art. 107a. Obstruction of justice.''.
Calendar No. 644
113th CONGRESS
2d Session
S. 2992
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to reform procedures for
determinations to proceed to trial by court-martial for certain
offenses under the Uniform Code of Military Justice, and for other
purposes.
_______________________________________________________________________
December 10, 2014
Read the second time and placed on the calendar