[Congressional Record Volume 160, Number 142 (Wednesday, November 19, 2014)]
[Senate]
[Pages S6157-S6158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3949. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2410, to authorize appropriations for 
fiscal year 2015 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title V, add the following:

          Subtitle I--Uniform Code of Military Justice Reform

     SEC. 591. SHORT TITLE.

       This subtitle may be cited as the ``Military Justice 
     Improvement Act of 2014''.

     SEC. 592. 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) A conspiracy to commit an offense specified in 
     subparagraph (A) as punishable under section 881 of title 10, 
     United States Code (article 81 of the Uniform Code of 
     Military Justice).
       (C) A solicitation to commit an offense specified in 
     subparagraph (A) as punishable under section 882 of title 10, 
     United States Code (article 82 of the Uniform Code of 
     Military Justice).
       (D) An attempt to commit an offense specified in 
     subparagraphs (A) through (C) 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

[[Page S6158]]

     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. 593. 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 593(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 592(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. 594. 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 592 and 593 
     (and the amendments made by section 593) using personnel, 
     funds, and resources otherwise authorized by law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections 592 and 593 (and the amendments made by 
     section 593) shall not be construed as authorizations for 
     personnel, personnel billets, or funds for the discharge of 
     the requirements in such sections.

     SEC. 595. 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 592 through 594 of the Military Justice Improvement 
     Act of 2014, and the amendments made by such sections.''.

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