I 

113TH CONGRESS 

1ST SESSION H. R. 1867 

To amend title 10, United States Code, to make certain improvements in 

the Uniform Code of Military Justice related to sex-related offenses 

committed by members of the Armed Forces, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2013 

Mr. TURNER (for himself and Ms. TSONGAS) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to make certain 

improvements in the Uniform Code of Military Justice 

related to sex-related offenses committed by members 

of the Armed Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Better Enforcement for Sexual Assault Free Environ6 ments Act of 2013’’ or ‘‘BE SAFE Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Limitations on convening authority discretion regarding court-martial 

findings and sentence. 

Sec. 3. Mandatory discharge or dismissal for certain sex-related offenses under 

the Uniform Code of Military Justice and trial of such offenses 

by general courts-martial. 

Sec. 4. Elimination of five-year statute of limitations on trial by court-martial 

for additional offenses involving sex-related crimes. 

Sec. 5. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active 

duty who is accused of committing a sexual assault or related 

offense. 

Sec. 6. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions. 

Sec. 7. Secretary of Defense report on sentencing reform. 

Sec. 8. Secretary of Defense report on role of commanders in military justice 

process. 

1 SEC. 2. LIMITATIONS ON CONVENING AUTHORITY DISCRE2 TION REGARDING COURT-MARTIAL FINDINGS 

3 AND SENTENCE. 

4 (a) ELIMINATION OF UNLIMITED COMMAND PRE5 ROGATIVE AND DISCRETION.—Paragraph (1) of section 

6 860(c) of title 10, United States Code (article 60(c) of 

7 the Uniform Code of Military Justice) is amended by 

8 striking the first sentence. 

9 (b) LIMITATIONS ON DISCRETION REGARDING

10 COURT-MARTIAL FINDINGS.—Paragraph (3) of section 

11 860(c) of title 10, United States Code (article 60(c) of 

12 the Uniform Code of Military Justice) is amended to read 

13 as follows: 

14 ‘‘(3)(A) Action on the findings of a court-martial by 

15 the convening authority or by another person authorized 

16 to act under this section is not required. 


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1 ‘‘(B) If a convening authority or other person acts 

2 on the findings of a court-martial, the convening authority 

3 or other person may not— 

4 ‘‘(i) dismiss any charge or specification, other 

5 than a charge or specification for a minor offense, 

6 by setting aside a finding of guilty thereto; or 

7 ‘‘(ii) change a finding of guilty to a charge or 

8 specification, other than a charge or specification for 

9 a minor offense, to a finding of guilty to an offense 

10 that is a lesser included offense of the offense stated 

11 in the charge or specification. 

12 ‘‘(C) If a convening authority or other person acts 

13 on the findings to dismiss or change any charge or speci14 fication for a minor offense, the convening authority or 

15 other person shall prepare a written explanation of such 

16 action. Such written explanation shall be immediately pro17 vided and made a part of the record of the court-martial 

18 at the time the action is taken and becomes effective. 

19 ‘‘(D) For purposes of this paragraph, the convening 

20 authority or other person may treat an offense as a minor 

21 offense only if the sentence adjudged by a court-martial 

22 for an offense, or combination of offenses, is not more se23 vere than confinement for 30 days, forfeiture of two-thirds 

24 pay per month for one month, or reduction to the lowest 

25 pay grade, or some combination thereof. However, a 


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1 charge or specification of murder, rape, sexual assault, 

2 rape or sexual assault of a child, or any other offense pun3 ishable by death may not, under any circumstances, be 

4 considered a minor offense for purposes of this paragraph, 

5 regardless of the adjudged sentence.’’. 

6 (c) LIMITATIONS OF DISCRETION TO MODIFY AN AD7 JUDGED SENTENCE TO LESS THAN MANDATORY MIN8 IMUM SENTENCE.—Section 860(c) of title 10, United 

9 States Code (article 60(c) of the Uniform Code of Military 

10 Justice) is amended— 

11 (1) in paragraph (2), by striking ‘‘The con12 vening authority’’ and inserting the following: 

13 ‘‘(B) Except as provided in paragraph (4), the con14 vening authority’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) If a mandatory minimum sentence exists for a 

18 charge, the convening authority or another person author19 ized to act under this section may not modify an adjudged 

20 sentence to reduce the sentence to less than the mandatory 

21 minimum sentence, except that, upon the recommendation 

22 of the trial counsel, the convening authority or other per23 son shall have the authority to impose a sentence below 

24 a level established by statute as a minimum sentence so 

25 as to reflect the substantial assistance by the accused in 


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1 the investigation or prosecution of another person who has 

2 committed an offense.’’. 

3 (d) EXPLANATION FOR ANY DECISION DIS4 APPROVING, COMMUTING, OR SUSPENDING COURT-MAR5 TIAL SENTENCE.—Section 860(c)(2) of title 10, United 

6 States Code (article 60(c)(2) of the Uniform Code of Mili7 tary Justice), as amended by subsection (c)(1), is further 

8 amended— 

9 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(C) If the convening authority or other person 

13 makes a decision to disapprove, commute, or suspend the 

14 sentence in whole or in part, the convening authority or 

15 such person shall prepare a detailed written explanation 

16 of such action. Such written explanation shall be imme17 diately provided and made a part of the record of the 

18 court-martial at the time the action is taken and becomes 

19 effective.’’. 

20 (e) CONFORMING AMENDMENT TO OTHER AUTHOR21 ITY FOR CONVENING AUTHORITY TO SUSPEND SEN22 TENCE.—Section 871(d) of such title (article 71(d) of the 

23 Uniform Code of Military Justice) is amended by adding 

24 at the end the following new sentence: ‘‘Paragraphs (2) 

25 and (4) of subsection (c) of section 860 of this title (article 


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1 60) shall apply to any decision by the convening authority 

2 or such person to suspend the execution of any sentence 

3 or part thereof under this subsection.’’. 

4 (f) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect 180 days after the date of 

6 the enactment of this Act and shall apply with respect to 

7 findings and sentences of courts-martial reported to con8 vening authorities under section 860 of title 10, United 

9 States Code (article 60 of the Uniform Code of Military 

10 Justice), as amended by this section, on or after that ef11 fective date. 

12 SEC. 3. MANDATORY DISCHARGE OR DISMISSAL FOR CER13 TAIN SEX-RELATED OFFENSES UNDER THE 

14 UNIFORM CODE OF MILITARY JUSTICE AND 

15 TRIAL OF SUCH OFFENSES BY GENERAL 

16 COURTS-MARTIAL. 

17 (a) MANDATORY DISCHARGE OR DISMISSAL RE18 QUIRED.— 

19 (1) IMPOSITION.—Section 856 of title 10, 

20 United States Code (article 56 of the Uniform Code 

21 of Military Justice) is amended— 

22 (A) by inserting ‘‘(a)’’ before ‘‘The punish23 ment’’; and 

24 (B) by adding at the end the following new 

25 subsection: 


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1 ‘‘(b)(1) While a person subject to this chapter who 

2 is found guilty of an offense specified in paragraph (2) 

3 shall be punished as a general court-martial may direct, 

4 such punishment must include, at a minimum, dismissal 

5 or dishonorable discharge. 

6 ‘‘(2) Paragraph (1) applies to the following offenses: 

7 ‘‘(A) An offense in violation of subsection (a) or 

8 (b) of section 920 (article 120(a) or (b)). 

9 ‘‘(B) Forcible sodomy under section 925 of this 

10 title (article 125). 

11 ‘‘(C) An attempt to commit an offense specified 

12 in subparagraph (A) or (B) that is punishable under 

13 section 880 of this title (article 80).’’. 

14 (2) CLERICAL AMENDMENTS.— 

15 (A) SECTION HEADING.—The heading of 

16 such section is amended to read as follows: 

17 ‘‘§ 856. Art. 56. Maximum and minimum limits’’. 

18 (B) TABLE OF SECTIONS.—The table of 

19 sections at the beginning of subchapter VIII of 

20 chapter 47 of such title is amended by striking 

21 the item relating to section 856 and inserting 

22 the following new item: 

‘‘856. Art 56. Maximum and minimum limits.’’. 

23 (b) JURISDICTION LIMITED TO GENERAL COURTS24 MARTIAL.—Section 818 of such title (article 18 of the 

25 Uniform Code of Military Justice) is amended— 


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1 (1) by inserting ‘‘(a)’’ before the first sentence; 

2 (2) in the third sentence, by striking ‘‘However, 

3 a general court-martial’’ and inserting the following: 

4 ‘‘(b) A general court-martial’’; and 

5 (3) by adding at the end the following new sub6 section: 

7 ‘‘(c) Consistent with sections 819, 820, and 856(b) 

8 of this title (articles 19, 20, and 56(b)), only general 

9 courts-martial have jurisdiction over an offense specified 

10 in section 856(b)(2) of this title (article 56(b)(2)).’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect 180 days after the date of 

13 the enactment of this Act. 

14 SEC. 4. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA15 TIONS ON TRIAL BY COURT-MARTIAL FOR AD16 DITIONAL OFFENSES INVOLVING SEX-RE17 LATED CRIMES. 

18 (a) INCLUSION OF ADDITIONAL OFFENSES.—Section 

19 843(a) of title 10, United States Code (article 43(a) of 

20 the Uniform Code of Military Justice) is amended by 

21 striking ‘‘rape, or rape of a child’’ and inserting ‘‘rape 

22 or sexual assault, or rape or sexual assault of a child’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 843(b)(2)(B)(i) of title 10, United States Code (article 

25 43(b)(2)(B)(i) of the Uniform Code of Military Justice) 


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1 is amended by inserting before the period at the end the 

2 following: ‘‘, unless the offense is covered by subsection 

3 (a)’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act, and shall apply with respect to an offense cov7 ered by section 920(b) or 920b(b) of title 10, United 

8 States Code (article 120(b) or 120b(b) of the Uniform 

9 Code of Military Justice) that is committed on or after 

10 that date. 

11 SEC. 5. CONSIDERATION OF NEED FOR, AND AUTHORITY 

12 TO PROVIDE FOR, TEMPORARY ADMINISTRA13 TIVE REASSIGNMENT OR REMOVAL OF A 

14 MEMBER ON ACTIVE DUTY WHO IS ACCUSED 

15 OF COMMITTING A SEXUAL ASSAULT OR RE16 LATED OFFENSE. 

17 (a) IN GENERAL.—Chapter 39 of title 10, United 

18 States Code, is amended by inserting after section 673 the 

19 following new section: 

20 ‘‘§ 674. Temporary administrative reassignment or re21 moval of a member on active duty ac22 cused of committing a sexual assault or 

23 related offense 

24 ‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND

25 ACTION.—The Secretary concerned may provide guidance, 


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1 within guidelines provided by the Secretary of Defense, for 

2 commanders regarding their authority to make a timely 

3 determination, and to take action, regarding whether a 

4 member of the armed forces serving on active duty who 

5 is alleged to have committed a sexual assault or other sex6 related offense covered by section 920, 920a, 920b, or 

7 920c of this title (article 120, 120a, 120b, or 120c of the 

8 Uniform Code of Military Justice) should be temporarily 

9 reassigned or removed from a position of authority or as10 signment, not as a punitive measure, but solely for the 

11 purpose of maintaining good order and discipline within 

12 the member’s unit. 

13 ‘‘(b) TIME FOR DETERMINATIONS.—A determination 

14 described in subsection (a) may be made at any time after 

15 receipt of notification of an unrestricted report of a sexual 

16 assault or other sex-related offense that identifies the 

17 member as an alleged perpetrator.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 673 the following new 

21 item: 

‘‘674. Temporary administrative reassignment or removal of a member on active 

duty accused of committing a sexual assault or related offense.’’. 

22 (c) ADDITIONAL TRAINING REQUIREMENT FOR COM23 MANDERS.—The Secretary of Defense shall provide for in24 clusion of information and discussion regarding the availVerDate Mar 15 2010 02:03 May 10, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1867.IH H1867

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1 ability and use of the authority provided by section 674 

2 of title 10, United States Code, as added by subsection 

3 (a), as part of the training for new and prospective com4 manders at all levels of command required by section 

5 585(b) of the National Defense Authorization Act for Fis6 cal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 

7 SEC. 6. VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED 

8 OFFENSES COMMITTED BY MEMBERS OF THE 

9 ARMED FORCES AND RELATED PROVISIONS. 

10 (a) DESIGNATION AND DUTIES.— 

11 (1) IN GENERAL.—Chapter 53 of title 10, 

12 United States Code, is amended by inserting after 

13 section 1044d the following new section: 

14 ‘‘§ 1044e. Victims’ Counsel for victims of sex-related 

15 offenses committed by members of the 

16 armed forces 

17 ‘‘(a) DESIGNATION; PURPOSES.—Under regulations 

18 prescribed by the Secretary of Defense, the Secretary con19 cerned shall designate legal counsel (to be known as ‘Vic20 tims’ Counsel’) for the purpose of providing legal assist21 ance to any member of the armed forces, any dependent 

22 of a member, or any other individual eligible for military 

23 legal assistance under section 1044 of this title, who is 

24 the victim of a sex-related offense, regardless of whether 

25 the allegation is restricted or unrestricted. 


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1 ‘‘(b) TYPES OF LEGAL ASSISTANCE.—The types of 

2 legal assistance contemplated by this subsection may in3 clude the following: 

4 ‘‘(1) Legal consultation regarding potential 

5 criminal liability of the victim stemming from or in 

6 relation to the circumstances surrounding the al7 leged sex-related offense and the victim’s right to 

8 seek military defense services. 

9 ‘‘(2) Legal consultation regarding the Victim 

10 Witness Assistance Program (VWAP), including— 

11 ‘‘(A) the rights and benefits afforded the 

12 victim; 

13 ‘‘(B) the role of the Victim/Witness Advo14 cate or Liaison and what privileges do or do not 

15 exist between the victim and the Advocate or 

16 Liaison; and 

17 ‘‘(C) the nature of communication made to 

18 the Victim/Witness Advocate or Liaison as op19 posed to communication made to the Legal As20 sistance Attorney. 

21 ‘‘(3) Legal consultation regarding the potential 

22 for civil litigation against other parties (other than 

23 the Department of Defense). 


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1 ‘‘(4) Legal consultation regarding any pro2 ceedings of the military justice process that the vic3 tim may observe. 

4 ‘‘(5) Legal consultation regarding the military 

5 justice system, including— 

6 ‘‘(A) the roles and responsibilities of the 

7 trial counsel, the defense counsel, and investiga8 tors; 

9 ‘‘(B) any proceedings of the military jus10 tice process in which the victim may observe or 

11 participate as a witness or other party; 

12 ‘‘(C) the Government’s authority to compel 

13 cooperation and testimony; and 

14 ‘‘(D) the victim’s responsibility to testify, 

15 and other duties to the court. 

16 ‘‘(6) Accompanying the victim at any pro17 ceedings in connection with the reporting, military 

18 investigation, and military prosecution of the alleged 

19 sex-related offense. 

20 ‘‘(7) Legal consultation regarding— 

21 ‘‘(A) services available from appropriate 

22 agencies or offices for emotional and mental 

23 health counseling and other medical services; 

24 ‘‘(B) eligibility for and requirements for 

25 obtaining any available military and veteran 


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1 benefits, such as transitional compensation ben2 efits found in section 1059 of this title and 

3 other State and Federal victims’ compensation 

4 programs; and 

5 ‘‘(C) the availability of, and any protec6 tions offered by, civilian and military restrain7 ing orders. 

8 ‘‘(8) Legal consultation and assistance in per9 sonal civil legal matters in accordance with section 

10 1044 of this title. 

11 ‘‘(9) Such other legal assistance as the Sec12 retary concerned may specify under this subsection. 

13 ‘‘(c) QUALIFICATIONS.—An individual may not be 

14 designated as a Victims’ Counsel under this section unless 

15 the individual is— 

16 ‘‘(1) a judge advocate or a civilian attorney 

17 serving as a legal assistance attorney who is a grad18 uate of an accredited law school and is a member of 

19 the bar of a Federal court or of the highest court 

20 of a State; and 

21 ‘‘(2) is certified as competent to be designated 

22 as a Victims’ Counsel by the Judge Advocate Gen23 eral of the Armed Force of which the individual is 

24 a member. 


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1 ‘‘(d) ADMINISTRATIVE RESPONSIBILITY.—Under 

2 such regulations as may be prescribed by the Secretary 

3 concerned, the Judge Advocate General (as defined in sec4 tion 801(1) of this title) under the jurisdiction of the Sec5 retary, and within the Marine Corps the Staff Judge Ad6 vocate to the Commandant of the Marine Corps, is respon7 sible for the establishment and supervision of individuals 

8 designated as Victims’ Counsel. 

9 ‘‘(e) SEX-RELATED OFFENSE DEFINED.—In this 

10 subsection, a ‘sex-related offense’ includes— 

11 ‘‘(1) any offense covered by section 920, 920a, 

12 920b, 920c, or 925 (article 120, 120a, 120b, 120c, 

13 or 125 of the Uniform Code of Military Justice); or 

14 ‘‘(2) an attempt to commit an offense specified 

15 in a paragraph (1) as punishable under section 880 

16 of this title (article 80 of the Uniform Code of Mili17 tary Justice). 

18 ‘‘(f) AVAILABILITY OF VICTIMS’ COUNSEL.—A mem19 ber of the armed forces, or a dependent of a member, or 

20 any other individual eligible for military legal assistance 

21 under section 1044 of this title, who is the victim of an 

22 alleged sex-related offense shall be provided assistance by 

23 a Victims’ Counsel upon report of an allegation of a sex24 related offense or at the time the victim seeks assistance 

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1 sault Victim Advocate, a military criminal investigator, a 

2 victim/witness liaison, a trial counsel, a healthcare pro3 vider, or any other personnel designated by the Secretary 

4 concerned for purposes of this subsection. The assistance 

5 of a Victims’ Counsel under this subsection shall be avail6 able to a member or a dependent regardless of whether 

7 the member or dependent elects unrestricted or restricted 

8 reporting of the sex-related offense. The member or de9 pendent shall also be informed that the assistance of the 

10 Victims’ Counsel is an option and may be declined, in 

11 whole or in part, at any time.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by inserting after the item relating to section 1044d 

15 the following new item: 

‘‘1044e. Victims’ Counsel for victims of sexual assault-related offenses committed by members of the armed forces.’’. 

16 (3) CONFORMING AMENDMENT.—Section 

17 1044(d)(2)(B) of this title is amended by striking 

18 ‘‘and 1044d’’ and inserting ‘‘1044d, and 1044e’’. 

19 (b) ENHANCED TRAINING REQUIREMENT.—The Sec20 retary of each military department, and the Secretary of 

21 Homeland Security with respect to the Coast Guard when 

22 it is not operating as a service in the Department of the 

23 Navy, shall implement, within the guidelines provided by 

24 the Secretary of Defense, in-depth and advanced training 


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1 for all military and civilian attorneys assigned under sec2 tion 1044 or 1044e of title 10, United States Code, to 

3 provide legal assistance to victims of sex-related offenses. 

4 (c) SECRETARY OF DEFENSE REPORTING REQUIRE5 MENT.— 

6 (1) REPORT REQUIRED.—Not later than 90 

7 days after the date of the enactment of this Act, the 

8 Secretary of Defense, in coordination with the Sec9 retary of Homeland Security with respect to the 

10 Coast Guard, shall submit to the Committees on 

11 Armed Services of the Senate and the House of Rep12 resentatives a report outlining how the Armed 

13 Forces have implemented the requirements of sec14 tion 1044e of title 10, United States Code, as added 

15 by subsection (a). 

16 (2) ADDITIONAL SUBMISSION REQUIREMENT.— 

17 The report required by paragraph (1) shall also be 

18 submitted to the Independent Review Panels estab19 lished by section 576 of the National Defense Au20 thorization Act for Fiscal Year 2013 (Public Law 

21 112–239; 126 Stat. 1758), and the Joint Services 

22 Committee on Military Justice. 

23 (d) ADDITIONAL DUTIES FOR INDEPENDENT RE24 VIEW PANEL.—The Independent Review Panel established 

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1 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

2 Stat. 1758) shall include as part of its duties the fol3 lowing: 

4 (1) An assessment of the roles, responsibilities, 

5 and authorities of the Victims’ Counsel to provide 

6 legal assistance to victims of sex-related offenses 

7 under section 1044e of title 10, United States Code, 

8 as added by subsection (a). 

9 (2) An assessment of whether the roles, respon10 sibilities, and authorities of the Victims’ Counsel to 

11 provide legal assistance to victims of sex-related of12 fenses under such section should be expanded to in13 clude legal standing to represent the alleged victim 

14 during investigative and military justice proceedings 

15 in connection with the prosecution of a sex-related 

16 offense. 

17 SEC. 7. SECRETARY OF DEFENSE REPORT ON SENTENCING 

18 REFORM. 

19 (a) REPORTS REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and the House of Representatives a re23 port on sentencing guidelines and mandatory minimum 

24 sentencing provisions under the Uniform Code of Military 

25 Justice. 


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1 (b) CONTENTS OF REPORT.—The report required by 

2 subsection (a) shall include the following: 

3 (1) An assessment of the effects of mandatory 

4 minimum sentencing provisions under the Uniform 

5 Code of Military Justice on the goal of eliminating 

6 unwarranted sentencing disparity and other goals of 

7 sentencing. 

8 (2) An assessment of the penalties imposed by 

9 the current mandatory minimum sentences in rela10 tion to the offenses for which imposed under the 

11 Uniform Code of Military Justice. 

12 (3) A description of the interaction between 

13 mandatory minimum sentencing provisions under the 

14 Uniform Code of Military Justice and plea agree15 ments. 

16 (4) An assessment of the appropriateness of 

17 statutorily mandated minimum sentencing provisions 

18 for additional serious offenses under the Uniform 

19 Code of Military Justice. 

20 (5) An assessment of the advisory sentencing 

21 guidelines used in civilian courts and whether it 

22 would be advisable to promulgate sentencing guide23 lines for use in courts-martial. 

24 (6) Any other information that the Secretary of 

25 Defense determines would contribute to a thorough 


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1 assessment of sentencing guidelines and mandatory 

2 minimum sentencing provisions under the Uniform 

3 Code of Military Law. 

4 SEC. 8. SECRETARY OF DEFENSE REPORT ON ROLE OF 

5 COMMANDERS IN MILITARY JUSTICE PROC6 ESS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Defense shall submit 

9 to the Committees on Armed Services of the Senate and 

10 the House of Representatives a report containing an as11 sessment of the current role of commanders in the admin12 istration of military justice and the investigation, prosecu13 tion, and adjudication of offenses under the Uniform Code 

14 of Military Justice. Specifically, the Secretary of Defense 

15 shall assess the post-trial authority of a commander under 

16 section 860 of title 10, United States Code (article 60 of 

17 the Uniform Code of Military Justice), as amended by sec18 tion 2, and include in the report a recommendation re19 garding whether this authority should be further modified 

20 or repealed. 

Æ 


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