[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3971. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, 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. [DAV21M33]. SELECTION PROCESS FOR MEMBERS TO SERVE ON 
                   COURTS-MARTIAL.

       Section 825(e) of title 10, United States Code (article 
     25(e) of the Uniform Code of Military Justice), is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (3), (4), and (5), respectively;
       (2) by inserting after ``(e)'', the following: ``(1) When 
     convening a court-martial, the convening authority shall 
     detail as members thereof members of the armed forces under 
     such regulations as the President may prescribe for the 
     randomized selection of qualified personnel available to the 
     convening authority for detail.
       ``(2) The randomized selection process developed and 
     implemented under paragraph (1) may include parameter 
     controls that--
       ``(A) allow for exclusions based on scheduling 
     availability;
       ``(B) allow for controls based on military rank; and
       ``(C) allow for controls to promote gender, racial, and 
     ethnic diversity and inclusion.''; and
       (3) in paragraph (4), as redesignated by paragraph (1), 
     by--
       (A) striking the first sentence; and
       (B) striking ``when he is'' and inserting ``when the member 
     is''.
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