[Congressional Record Volume 167, Number 177 (Thursday, October 7, 2021)]
[Senate]
[Page S7010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3856. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 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 appropriate place in title V, insert the following:

     SEC. __. RANDOMIZING SELECTION OF COURT-MARTIAL PANEL 
                   MEMBERS.

       (a) Detail of Panel Members.--Section 825(e)(2) of title 
     10, United States Code (article 25(e)(2) of the Uniform Code 
     of Military Justice) is amended to read as follows:
       ``(2) When convening a court-martial, the convening 
     authority shall use a randomized selection process to detail 
     as members thereof such members of the armed forces as are 
     qualified for duty by reason of availability. No member of an 
     armed force is eligible to serve as a member of a general or 
     special court-martial when the member is the accuser or a 
     witness for the prosecution or has acted as preliminary 
     hearing officer or as counsel in the same case.''.
       (b) Randomized Selection Process.--
       (1) Randomized selection process.--The Secretary of Defense 
     shall promulgate policy and guidance that develops and 
     implements a system for the randomized selection of qualified 
     personnel available to the convening authority for detail to 
     court-martial panels.
       (2) Elements.--The randomized selection process developed 
     and implemented under paragraph (1) may include parameter 
     controls that--
       (A) allow for exclusions based on scheduling availability; 
     and
       (B) allow for controls based on military rank.
       (3) Qualified personnel defined.--In this subsection, the 
     term ``qualified personnel'' means a person eligible to serve 
     as a court-martial panel member in accordance with 
     subsections (a) through (c) of section 825 of title 10, 
     United States Code (article 25 of the Uniform Code of 
     Military Justice).
       (c) 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 section.
       (d) Effective Date.--The President shall prescribe 
     regulations implementing this section not later than one year 
     after the date of the enactment of this Act.
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