II 

113TH CONGRESS 

1ST SESSION S. 967 

To amend title 10, United States Code, to modify various authorities relating 

to procedures for courts-martial under the Uniform Code of Military 

Justice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2013 

Mrs. GILLIBRAND (for herself, Mrs. BOXER, Ms. COLLINS, Mr. BLUMENTHAL, 

Mr. BEGICH, Ms. MIKULSKI, Mr. FRANKEN, Mr. COONS, Ms. HIRONO, 

Mr. JOHANNS, Mrs. SHAHEEN, Mr. PRYOR, Mr. SCHATZ, Mr. ROCKEFELLER, Mr. GRASSLEY, and Mrs. FEINSTEIN) introduced the following 

bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to modify various 

authorities relating to procedures for courts-martial 

under the Uniform Code of Military Justice, 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. 

4 This Act may be cited as the ‘‘Military Justice Im5 provement Act of 2013’’. 


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1 SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO 

2 PROCEED TO TRIAL BY COURT-MARTIAL ON 

3 CHARGES ON OFFENSES WITH AUTHORIZED 

4 MAXIMUM SENTENCE OF CONFINEMENT OF 

5 MORE THAN ONE YEAR. 

6 (a) MODIFICATION OF AUTHORITY.— 

7 (1) IN GENERAL.—With respect to charges 

8 under chapter 47 of title 10, United States Code 

9 (the Uniform Code of Military Justice), that allege 

10 an offense, other than an offense specified in para11 graph (2), that is triable by court-martial under that 

12 chapter for which the maximum punishment author13 ized under that chapter includes confinement for 

14 more than one year, the Secretary of Defense shall 

15 require the Secretaries of the military departments 

16 to provide for the determination under section 

17 830(b) of such chapter (article 30(b) of the Uniform 

18 Code of Military Justice) on whether to try such 

19 charges by court-martial as provided in paragraph 

20 (3). 

21 (2) EXCLUDED OFFENSES.—Paragraph (1) 

22 does not apply to an offense as follows: 

23 (A) An offense under sections 883 through 

24 891 of title 10, United States Code (articles 83 

25 through 91 of the Uniform Code of Military 

26 Justice). 


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1 (B) An offense under sections 893 through 

2 917 of title 10, United States Code (articles 93 

3 through 117 of the Uniform Code of Military 

4 Justice). 

5 (C) An offense under section 933 of title 

6 10, United States Code (article 133 of the Uni7 form Code of Military Justice). 

8 (3) REQUIREMENTS AND LIMITATIONS.—The 

9 disposition of charges pursuant to paragraph (1) 

10 shall be subject to the following: 

11 (A) The determination whether to try such 

12 charges by court-martial shall be made by a 

13 commissioned officer of the Armed Forces des14 ignated in accordance with regulations pre15 scribed for purposes of this subsection from 

16 among commissioned officers of the Armed 

17 Forces in grade O–6 or higher who— 

18 (i) are available for detail as trial 

19 counsel under section 827 of title 10, 

20 United States Code (article 27 of the Uni21 form Code of Military Justice); 

22 (ii) have significant experience in 

23 trials by general or special court-martial; 

24 and 


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1 (iii) are outside the chain of command 

2 of the member subject to such charges. 

3 (B) Upon a determination under subpara4 graph (A) to try such charges by court-martial, 

5 the officer making that determination shall de6 termine whether to try such charges by a gen7 eral court-martial convened under section 822 

8 of title 10, United States Code (article 22 of 

9 the Uniform Code of Military Justice), or a spe10 cial court-martial convened under section 823 

11 of title 10, United States Code (article 23 of 

12 the Uniform Code of Military Justice). 

13 (C) The determination to try such charges 

14 by court-martial under subparagraph (A), and 

15 by type of court-martial under subparagraph 

16 (B), shall be binding on any applicable con17 vening authority for a trial by court-martial on 

18 such charges. 

19 (D) The actions of an officer described in 

20 subparagraph (A) in determining under that 

21 subparagraph whether or not to try charges by 

22 court-martial shall be free of unlawful or unau23 thorized influence or coercion. 

24 (E) The determination under subpara25 graph (A) not to proceed to trial of such 


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1 charges by general or special court-martial shall 

2 not operate to terminate or otherwise alter the 

3 authority of commanding officers to refer such 

4 charges for trial by summary court-martial con5 vened under section 824 of title 10, United 

6 States Code (article 24 of the Uniform Code of 

7 Military Justice), or to impose non-judicial pun8 ishment in connection with the conduct covered 

9 by such charges as authorized by section 815 of 

10 title 10, United States Code (article 15 of the 

11 Uniform Code of Military Justice). 

12 (4) CONSTRUCTION WITH CHARGES ON OTHER

13 OFFENSES.—Nothing in this subsection shall be con14 strued to alter or affect the disposition of charges 

15 under chapter 47 of title 10, United States Code 

16 (the Uniform Code of Military Justice), that allege 

17 an offense triable by court-martial under that chap18 ter for which the maximum punishment authorized 

19 under that chapter includes confinement for one 

20 year or less. 

21 (5) POLICIES AND PROCEDURES OF THE MILI22 TARY DEPARTMENTS.— 

23 (A) IN GENERAL.—The Secretaries of the 

24 military departments shall revise policies and 


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1 procedures as necessary to comply with this 

2 subsection. 

3 (B) UNIFORMITY.—The General Counsel 

4 of the Department of Defense shall review the 

5 policies and procedures revised under this para6 graph in order to ensure that any lack of uni7 formity in policies and procedures, as so re8 vised, among the military departments does not 

9 render unconstitutional any policy or procedure, 

10 as so revised. 

11 (6) MANUAL FOR COURTS-MARTIAL.—The Sec12 retary of Defense shall recommend such changes to 

13 the Manual for Courts-Martial as are necessary to 

14 ensure compliance with this subsection. 

15 (b) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the Secretary of Defense 

17 shall, in consultation with the Secretaries of the military 

18 departments, submit to Congress a report on the revisions 

19 of policies and procedures necessary to comply with sub20 section (a). The report shall include such recommenda21 tions for modifications to chapter 47 of title 10, United 

22 States Code (the Uniform Code of Military Justice), and 

23 the Manual for Courts-Martial as the Secretary of Defense 

24 considers appropriate for that purpose. 


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1 (c) EFFECTIVE DATE AND APPLICABILITY.—Sub2 section (a), and the revisions required by that subsection, 

3 shall take effect on the date that is 180 days after the 

4 date of the enactment of this Act, and shall apply with 

5 respect to charges preferred under section 830 of title 10, 

6 United States Code (article 30 of the Uniform Code of 

7 Military Justice), on or after such effective date. 

8 SEC. 3. MODIFICATION OF MANUAL FOR COURTS-MARTIAL 

9 TO ELIMINATE FACTOR RELATING TO CHAR10 ACTER AND MILITARY SERVICE OF THE AC11 CUSED IN RULE ON INITIAL DISPOSITION OF 

12 OFFENSES. 

13 Not later than 180 days after the date of the enact14 ment of this Act, Rule 306 of the Manual for Courts-Mar15 tial (relating to policy on initial disposition of offenses) 

16 shall be amended to strike the character and military serv17 ice of the accused from the factors to be considered by 

18 the disposition authority in disposing of charges. 

19 SEC. 4. MODIFICATION OF OFFICERS AUTHORIZED TO CON20 VENE GENERAL AND SPECIAL COURTS-MAR21 TIAL. 

22 (a) IN GENERAL.—Subsection (a) of section 822 of 

23 title 10, United States Code (article 22 of the Uniform 

24 Code of Military Justice), is amended— 

25 (1) by striking paragraphs (5) through (8); 


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1 (2) by inserting after paragraph (4) the fol2 lowing new paragraph (5): 

3 ‘‘(5) the officers in the offices established pur4 suant to section 4(c) of the Military Justice Im5 provement Act of 2013 or officers in the rank of O– 

6 6 or higher who are assigned such responsibility by 

7 the Chief of Staff of the Army, the Chief of Naval 

8 Operations, the Chief of Staff of the Air Force, or 

9 the Commandant of the Marine Corps; or’’; and 

10 (3) by redesignating paragraph (9) as para11 graph (6). 

12 (b) NO EXERCISE BY OFFICERS IN CHAIN OF COM13 MAND OF ACCUSED OR VICTIM.—Such section (article) is 

14 further amended by adding at the end the following new 

15 subsection: 

16 ‘‘(c) An officer specified in subsection (a)(5) may not 

17 convene a court-martial under this section if the person 

18 is in the chain of command of the accused or the victim.’’. 

19 (c) OFFICES OF CHIEFS OF STAFF ON COURTS-MAR20 TIAL.— 

21 (1) OFFICES REQUIRED.—Each Chief of Staff 

22 of the Armed Forces specified in paragraph (5) of 

23 section 822(a) of title 10, United States Code (arti24 cle 22(a) of the Uniform Code of Military Justice), 


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1 as amended by subsection (a), shall establish an of2 fice to do the following: 

3 (A) To convene general and special courts4 martial under sections 822 and 823 of title 10, 

5 United States Code (articles 22 and 23 of the 

6 Uniform Code of Military Justice), pursuant to 

7 paragraph (5) of section 822(a) of title 10, 

8 United States Code (article 22(a) of the Uni9 form Code of Military Justice), as so amended. 

10 (B) To detail under section 826 of title 10, 

11 United States Code (article 26 of the Uniform 

12 Code of Military Justice), judges of courts-mar13 tial convened as described in subparagraph (A). 

14 (C) To detail under section 827 of title 10, 

15 United States Code (article 26 of the Uniform 

16 Code of Military Justice), members of courts17 martial convened as described in subparagraph 

18 (A). 

19 (2) PERSONNEL.—The personnel of each office 

20 established under paragraph (1) shall consist of such 

21 members of the Armed Forces and civilian personnel 

22 of the Department of Defense as may be detailed or 

23 assigned to the office by the Chief of Staff con24 cerned. 


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1 SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GEN2 ERAL AND SPECIAL COURTS-MARTIAL INTO 

3 SESSION. 

4 In the case of trial by general or special court-martial 

5 of charges on an offense determined under section 2(a)(1) 

6 to be tried by such court-martial under 47 of title 10, 

7 United States Code (the Uniform Code of Military Jus8 tice), the military judge shall call the court into session 

9 pursuant to section 839 of title 10, United States Code 

10 (article 39 of the Uniform Code of Military Justice), not 

11 later than 90 days after the date on which the authority 

12 determines to try such charges by court-martial. 

13 SEC. 6. MODIFICATION OF AUTHORITIES AND RESPON14 SIBILITIES OF CONVENING AUTHORITIES IN 

15 TAKING ACTIONS ON THE FINDINGS AND 

16 SENTENCES OF COURTS-MARTIAL. 

17 (a) INCLUSION OF WRITTEN JUSTIFICATION FOR

18 CERTAIN ACTIONS ON SENTENCES.—Paragraph (2) of 

19 section 860(c) of title 10, United States Code (article 

20 60(c) of the Uniform Code of Military Justice), is amend21 ed by adding at the end the following new sentence: ‘‘In 

22 taking such an action (other than an action to approve 

23 a sentence), the convening authority or other person tak24 ing such action shall prepare a written justification of such 

25 action, which written justification shall be made a part 

26 of the record of the court-martial.’’. 


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1 (b) PROHIBITION ON DISMISSAL OF FINDING OR

2 CHANGE TO FINDING OF GUILTY OF LESSER INCLUDED

3 OFFENSE.—Such section (such article) is further amend4 ed— 

5 (1) in paragraph (3), by striking the second 

6 sentence; and 

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

8 paragraph: 

9 ‘‘(4) If a convening authority or other person acts 

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

11 or other person may not— 

12 ‘‘(A) dismiss any charge or specification by set13 ting aside a finding of guilty thereto; or 

14 ‘‘(B) change a finding of guilty to a charge or 

15 specification to a finding of guilty to an offense that 

16 is a lesser included offense of the offense stated in 

17 the charge or specification.’’. 

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

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

20 of this Act, and shall apply with respect to findings and 

21 sentences of courts-martial reported to convening authori22 ties under section 860 of title 10, United States Code (ar23 ticle 60 of the Uniform Code of Military Justice), as so 

24 amended, on or after such effective date. 


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1 SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OF2 FENSES INVOLVING MEMBERS OF THE 

3 ARMED FORCES. 

4 (a) IMMEDIATE ACTION REQUIRED.—A commanding 

5 officer who receives a report of a sexual-related offense 

6 involving a member of the Armed Forces in the chain of 

7 command of such officer shall act upon the report in ac8 cordance with subsection (b) immediately after receipt of 

9 the report by the commanding officer. 

10 (b) ACTION REQUIRED.—The action required by this 

11 subsection with respect to a report described in subsection 

12 (a) is the referral of the report to the criminal investiga13 tion office with responsibility for investigating that offense 

14 of the military department concerned or such other inves15 tigation service of the military department concerned as 

16 the Secretary of the military department concerned may 

17 specify for purposes of this section. 

18 SEC. 8. MONITORING AND ASSESSMENT OF MODIFICATION 

19 OF AUTHORITIES ON COURTS-MARTIAL BY 

20 INDEPENDENT PANEL ON REVIEW AND AS21 SESSMENT OF PROCEEDINGS UNDER THE 

22 UNIFORM CODE OF MILITARY JUSTICE. 

23 Section 576(d)(2) of the National Defense Authoriza24 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

25 Stat. 1762) is amended— 


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1 (1) by redesignating subparagraph (J) as sub2 paragraph (K); and 

3 (2) by inserting after subparagraph (I) the fol4 lowing new subparagraph (J): 

5 ‘‘(J) Monitor and assess the implementation 

6 and efficacy of the Military Justice Improvement 

7 Act of 2013, and the amendments made by that 

8 Act.’’. 

Æ 


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