```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1752 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 251
113th CONGRESS
  1st Session
                                S. 1752

 To reform procedures for determinations to proceed to trial by court-
    martial for certain offenses under the Uniform Code of Military 
                    Justice, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2013

Mrs. Gillibrand introduced the following bill; which was read the first 
                                  time

                           November 21, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
 To reform procedures for determinations to proceed to trial by court-
    martial for certain offenses 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 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 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. 3. 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 3(c) of the Military Justice Improvement Act of 2013 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 
        2(a)(1) of the Military Justice Improvement Act of 2013 
        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 
                2(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. 4. 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 2 and 3 (and the amendments made by section 3) using 
personnel, funds, and resources otherwise authorized by law.
    (b) No Authorization of Additional Personnel or Resources.--
Sections 2 and 3 (and the amendments made by section 3) shall not be 
construed as authorizations for personnel, personnel billets, or funds 
for the discharge of the requirements in such sections.

SEC. 5. 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 2 through 4 of the Military Justice Improvement Act of 
        2013, and the amendments made by such sections.''.
                                                       Calendar No. 251

113th CONGRESS

  1st Session

                                S. 1752

_______________________________________________________________________

                                 A BILL

 To reform procedures for determinations to proceed to trial by court-
    martial for certain offenses under the Uniform Code of Military 
                    Justice, and for other purposes.

_______________________________________________________________________

                           November 21, 2013

            Read the second time and placed on the calendar
```