[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 967

 To amend title 10, United States Code, to modify various authorities 
  relating to procedures for courts-martial under the Uniform Code of 
               Military Justice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2013

Mrs. Gillibrand (for herself, Mrs. Boxer, Ms. Collins, Mr. Blumenthal, 
   Mr. Begich, Ms. Mikulski, Mr. Franken, Mr. Coons, Ms. Hirono, Mr. 
  Johanns, Mrs. Shaheen, Mr. Pryor, Mr. Schatz, Mr. Rockefeller, Mr. 
Grassley, and Mrs. Feinstein) introduced the following bill; which was 
       read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to modify various authorities 
  relating to procedures for courts-martial 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 
2013''.

SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY 
              COURT-MARTIAL ON CHARGES ON OFFENSES WITH AUTHORIZED 
              MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.

    (a) Modification of Authority.--
            (1) In general.--With respect to charges under chapter 47 
        of title 10, United States Code (the Uniform Code of Military 
        Justice), that allege an offense, other than an offense 
        specified in paragraph (2), 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, 
        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 (3).
            (2) Excluded offenses.--Paragraph (1) does not apply to an 
        offense as follows:
                    (A) An offense under sections 883 through 891 of 
                title 10, United States Code (articles 83 through 91 of 
                the Uniform Code of Military Justice).
                    (B) An offense under sections 893 through 917 of 
                title 10, United States Code (articles 93 through 117 
                of the Uniform Code of Military Justice).
                    (C) An offense under section 933 of title 10, 
                United States Code (article 133 of the Uniform Code of 
                Military Justice).
            (3) 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) 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.
                    (D) 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.
                    (E) 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).
            (4) 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.
            (5) Policies and procedures of the military departments.--
                    (A) In general.--The Secretaries of the military 
                departments shall revise policies and procedures as 
                necessary to comply with this subsection.
                    (B) Uniformity.--The General Counsel of the 
                Department of Defense shall 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 does not render unconstitutional any policy 
                or procedure, as so revised.
            (6) 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) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretaries of the military departments, submit to Congress a 
report on the revisions of policies and procedures necessary to comply 
with subsection (a). The report shall include such recommendations for 
modifications to chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), and the Manual for Courts-Martial as 
the Secretary of Defense considers appropriate for that purpose.
    (c) 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 MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR 
              RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED 
              IN RULE ON INITIAL DISPOSITION OF OFFENSES.

    Not later than 180 days after the date of the enactment of this 
Act, Rule 306 of the Manual for Courts-Martial (relating to policy on 
initial disposition of offenses) shall be amended to strike the 
character and military service of the accused from the factors to be 
considered by the disposition authority in disposing of charges.

SEC. 4. 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 striking paragraphs (5) through (8);
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) the officers in the offices established pursuant to 
        section 4(c) of the Military Justice Improvement Act of 2013 or 
        officers in the rank 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, or the 
        Commandant of the Marine Corps; or''; and
            (3) by redesignating paragraph (9) as paragraph (6).
    (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)(5) may not convene a 
court-martial under this section if the person 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 specified in paragraph (5) 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 (5) of section 
                822(a) of title 10, United States Code (article 22(a) 
                of the Uniform Code of Military Justice), as so 
                amended.
                    (B) To detail under section 826 of title 10, United 
                States Code (article 26 of the Uniform Code of Military 
                Justice), judges of courts-martial convened as 
                described in subparagraph (A).
                    (C) To detail under section 827 of title 10, United 
                States Code (article 26 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 as 
        may be detailed or assigned to the office by the Chief of Staff 
        concerned.

SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GENERAL AND SPECIAL COURTS-
              MARTIAL INTO SESSION.

    In the case of trial by general or special court-martial of charges 
on an offense determined under section 2(a)(1) to be tried by such 
court-martial under 47 of title 10, United States Code (the Uniform 
Code of Military Justice), the military judge shall call the court into 
session pursuant to section 839 of title 10, United States Code 
(article 39 of the Uniform Code of Military Justice), not later than 90 
days after the date on which the authority determines to try such 
charges by court-martial.

SEC. 6. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF CONVENING 
              AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS AND 
              SENTENCES OF COURTS-MARTIAL.

    (a) Inclusion of Written Justification for Certain Actions on 
Sentences.--Paragraph (2) of section 860(c) of title 10, United States 
Code (article 60(c) of the Uniform Code of Military Justice), is 
amended by adding at the end the following new sentence: ``In taking 
such an action (other than an action to approve a sentence), the 
convening authority or other person taking such action shall prepare a 
written justification of such action, which written justification shall 
be made a part of the record of the court-martial.''.
    (b) Prohibition on Dismissal of Finding or Change to Finding of 
Guilty of Lesser Included Offense.--Such section (such article) is 
further amended--
            (1) in paragraph (3), by striking the second sentence; and
            (2) by adding at the end the following new paragraph:
    ``(4) If a convening authority or other person acts on the findings 
of a court-martial, the convening authority or other person may not--
            ``(A) dismiss any charge or specification by setting aside 
        a finding of guilty thereto; or
            ``(B) change a finding of guilty to a charge or 
        specification to a finding of guilty to an offense that is a 
        lesser included offense of the offense stated in the charge or 
        specification.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to findings and sentences of courts-martial reported to 
convening authorities under section 860 of title 10, United States Code 
(article 60 of the Uniform Code of Military Justice), as so amended, on 
or after such effective date.

SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS 
              OF THE ARMED FORCES.

    (a) Immediate Action Required.--A commanding officer who receives a 
report of a sexual-related offense involving a member of the Armed 
Forces in the chain of command of such officer shall act upon the 
report in accordance with subsection (b) immediately after receipt of 
the report by the commanding officer.
    (b) Action Required.--The action required by this subsection with 
respect to a report described in subsection (a) is the referral of the 
report to the criminal investigation office with responsibility for 
investigating that offense of the military department concerned or such 
other investigation service of the military department concerned as the 
Secretary of the military department concerned may specify for purposes 
of this section.

SEC. 8. 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 
        the Military Justice Improvement Act of 2013, and the 
        amendments made by that Act.''.
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