I 

113TH CONGRESS 

1ST SESSION H. R. 1079 

To amend the Uniform Code of Military Justice to eliminate the authority 

of the convening authority to modify the findings and sentence of a 

court-martial as a matter of command prerogative involving the sole 

discretion of the convening authority. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2013 

Ms. SPEIER (for herself, Mr. MEEHAN, Mr. BRALEY of Iowa, Ms. PINGREE

of Maine, Ms. KUSTER, Ms. EDWARDS, and Mrs. CAROLYN B. MALONEY

of New York) introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend the Uniform Code of Military Justice to eliminate 

the authority of the convening authority to modify the 

findings and sentence of a court-martial as a matter 

of command prerogative involving the sole discretion of 

the convening authority. 

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 Judicial Re5 form Act of 2013’’. 


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1 SEC. 2. ELIMINATION OF CONVENING AUTHORITY DISCRE2 TION TO MODIFY THE FINDINGS AND SEN3 TENCE OF COURTS-MARTIAL. 

4 (a) REQUIRED ACTION BY CONVENING AUTHORITY

5 UPON RECEIPT OF COURT-MARTIAL FINDINGS AND SEN6 TENCE.—Section 860 of title 10, United States Code (ar7 ticle 60 of the Uniform Code of Military Justice) is 

8 amended by striking subsections (c) through (e) and in9 serting the following new subsection (c): 

10 ‘‘(c)(1) As soon as practicable after the receipt of the 

11 findings and sentence of a court-martial by the convening 

12 authority, the convening authority shall approve of the 

13 sentence in whole. Except as provided in section 858b(b) 

14 of this title (article 58b(b)), the convening authority shall 

15 have no authority whatsoever to modify the findings or 

16 sentence of the court-martial. 

17 ‘‘(2) Under regulations of the Secretary concerned, 

18 a commissioned officer commanding for the time being, 

19 a successor in command, or any person exercising general 

20 court-martial jurisdiction may act under paragraph (1) in 

21 place of the convening authority.’’. 

22 (b) SUBMISSION OF MATTERS BY THE ACCUSED; 

23 TREATMENT.—Subsection (b) of such section and article 

24 is amended to read as follows: 

25 ‘‘(b)(1) The accused may submit to the convening au26 thority matters for inclusion in the final record of trial. 


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1 Any such submission shall be in writing. Except in a sum2 mary court-martial case, such a submission shall be made 

3 within 10 days after the accused has been given an au4 thenticated record of trial. In a summary court-martial 

5 case, such a submission shall be made within seven days 

6 after the sentence is announced. 

7 ‘‘(2) If the accused shows that additional time is re8 quired for the accused to submit such matters, the con9 vening authority or other person taking action under this 

10 section, for good cause, may extend the applicable period 

11 under paragraph (1) for not more than an additional 20 

12 days. 

13 ‘‘(3) In a summary court-martial case, the accused 

14 shall be promptly provided a copy of the record of trial 

15 for use in preparing a submission authorized by paragraph 

16 (1). 

17 ‘‘(4) The accused may waive the right to make a sub18 mission under paragraph (1). Such a waiver may not be 

19 revoked.’’. 

20 (c) REPEAL OF OTHER AUTHORITY FOR CONVENING

21 AUTHORITY TO SUSPEND SENTENCE.—Section 871 of 

22 such title (article 71 of the Uniform Code of Military Jus23 tice) is amended by striking subsection (d). 

24 (d) CONFORMING AMENDMENTS.— 


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1 (1) UCMJ.—Section 856a(b) of such title (arti2 cle 56a(b) of the Uniform Code of Military Justice) 

3 is amended by striking paragraph (1) and inserting 

4 the following new paragraph: 

5 ‘‘(1) the sentence is set aside or otherwise 

6 modified as a result of any action authorized to be 

7 taken during post-trial procedure and review under 

8 subchapter IX;’’. 

9 (2) TRANSITIONAL COMPENSATION FOR DE10 PENDENTS OF MEMBERS SEPARATED FOR DEPEND11 ENT ABUSE.—Section 1059(e) of such title is 

12 amended by striking paragraph (3). 

Æ 


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