II 

Calendar No. 644 

113TH CONGRESS 

2D SESSION S. 2992 

To amend title 10, United States Code, 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 

DECEMBER 9, 2014 

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

DECEMBER 10, 2014 

Read the second time and placed on the calendar 

A BILL 

To amend title 10, United States Code, 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. 

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 2014’’. 


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1 SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO 

2 PROCEED TO TRIAL BY COURT-MARTIAL ON 

3 CHARGES ON CERTAIN OFFENSES WITH AU4 THORIZED MAXIMUM SENTENCE OF CON5 FINEMENT OF MORE THAN ONE YEAR. 

6 (a) MODIFICATION OF AUTHORITY.— 

7 (1) IN GENERAL.— 

8 (A) MILITARY DEPARTMENTS.—With re9 spect to charges under chapter 47 of title 10, 

10 United States Code (the Uniform Code of Mili11 tary Justice), that allege an offense specified in 

12 paragraph (2) and not excluded under para13 graph (3), the Secretary of Defense shall re14 quire the Secretaries of the military depart15 ments to provide for the determination under 

16 section 830(b) of such chapter (article 30(b) of 

17 the Uniform Code of Military Justice) on 

18 whether to try such charges by court-martial as 

19 provided in paragraph (4). 

20 (B) HOMELAND SECURITY.—With respect 

21 to charges under chapter 47 of title 10, United 

22 States Code (the Uniform Code of Military Jus23 tice), that allege an offense specified in para24 graph (2) and not excluded under paragraph 

25 (3) against a member of the Coast Guard 

26 (when it is not operating as a service in the 


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1 Navy), the Secretary of Homeland Security 

2 shall provide for the determination under sec3 tion 830(b) of such chapter (article 30(b) of the 

4 Uniform Code of Military Justice) on whether 

5 to try such charges by court-martial as provided 

6 in paragraph (4). 

7 (2) COVERED OFFENSES.—An offense specified 

8 in this paragraph is an offense as follows: 

9 (A) An offense under chapter 47 of title 

10 10, United States Code (the Uniform Code of 

11 Military Justice), that is triable by court-mar12 tial under that chapter for which the maximum 

13 punishment authorized under that chapter in14 cludes confinement for more than one year. 

15 (B) An offense of retaliation for reporting 

16 a crime under section 893 of title 10, United 

17 States Code (article 93 of the Uniform Code of 

18 Military Justice), as amended by section 6 of 

19 this Act, regardless of the maximum punish20 ment authorized under that chapter for such of21 fense. 

22 (C) An offense under section 907a of title 

23 10, United States Code (article 107a of the 

24 Uniform Code of Military Justice), as added by 

25 section 7 of this Act, regardless of the maxVerDate Sep 11 2014 23:45 Dec 10, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2992.PCS S2992

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1 imum punishment authorized under that chap2 ter for such offense. 

3 (D) A conspiracy to commit an offense 

4 specified in subparagraph (A) through (C) as 

5 punishable under section 881 of title 10, United 

6 States Code (article 81 of the Uniform Code of 

7 Military Justice). 

8 (E) A solicitation to commit an offense 

9 specified in subparagraph (A) through (C) as 

10 punishable under section 882 of title 10, United 

11 States Code (article 82 of the Uniform Code of 

12 Military Justice). 

13 (F) An attempt to commit an offense spec14 ified in subparagraphs (A) through (E) as pun15 ishable under section 880 of title 10, United 

16 States Code (article 80 of the Uniform Code of 

17 Military Justice). 

18 (3) EXCLUDED OFFENSES.—Paragraph (1) 

19 does not apply to an offense as follows: 

20 (A) An offense under sections 883 through 

21 917 of title 10, United States Code (articles 83 

22 through 117 of the Uniform Code of Military 

23 Justice). 

24 (B) An offense under section 933 or 934 

25 of title 10, United States Code (articles 133 


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1 and 134 of the Uniform Code of Military Jus2 tice). 

3 (C) A conspiracy to commit an offense 

4 specified in subparagraph (A) or (B) as punish5 able under section 881 of title 10, United 

6 States Code (article 81 of the Uniform Code of 

7 Military Justice). 

8 (D) A solicitation to commit an offense 

9 specified in subparagraph (A) or (B) as punish10 able under section 882 of title 10, United 

11 States Code (article 82 of the Uniform Code of 

12 Military Justice). 

13 (E) An attempt to commit an offense spec14 ified in subparagraph (A) through (D) as pun15 ishable under section 880 of title 10, United 

16 States Code (article 80 of the Uniform Code of 

17 Military Justice). 

18 (4) REQUIREMENTS AND LIMITATIONS.—The 

19 disposition of charges pursuant to paragraph (1) 

20 shall be subject to the following: 

21 (A) The determination whether to try such 

22 charges by court-martial shall be made by a 

23 commissioned officer of the Armed Forces des24 ignated in accordance with regulations pre25 scribed for purposes of this subsection from 


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1 among commissioned officers of the Armed 

2 Forces in grade O–6 or higher who— 

3 (i) are available for detail as trial 

4 counsel under section 827 of title 10, 

5 United States Code (article 27 of the Uni6 form Code of Military Justice); 

7 (ii) have significant experience in 

8 trials by general or special court-martial; 

9 and 

10 (iii) are outside the chain of command 

11 of the member subject to such charges. 

12 (B) Upon a determination under subpara13 graph (A) to try such charges by court-martial, 

14 the officer making that determination shall de15 termine whether to try such charges by a gen16 eral court-martial convened under section 822 

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

18 the Uniform Code of Military Justice), or a spe19 cial court-martial convened under section 823 

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

21 the Uniform Code of Military Justice). 

22 (C) A determination under subparagraph 

23 (A) to try charges by court-martial shall include 

24 a determination to try all known offenses, in25 cluding lesser included offenses. 


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1 (D) The determination to try such charges 

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

3 by type of court-martial under subparagraph 

4 (B), shall be binding on any applicable con5 vening authority for a trial by court-martial on 

6 such charges. 

7 (E) The actions of an officer described in 

8 subparagraph (A) in determining under that 

9 subparagraph whether or not to try charges by 

10 court-martial shall be free of unlawful or unau11 thorized influence or coercion. 

12 (F) The determination under subpara13 graph (A) not to proceed to trial of such 

14 charges by general or special court-martial shall 

15 not operate to terminate or otherwise alter the 

16 authority of commanding officers to refer such 

17 charges for trial by summary court-martial con18 vened under section 824 of title 10, United 

19 States Code (article 24 of the Uniform Code of 

20 Military Justice), or to impose non-judicial pun21 ishment in connection with the conduct covered 

22 by such charges as authorized by section 815 of 

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

24 Uniform Code of Military Justice). 


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1 (5) CONSTRUCTION WITH CHARGES ON OTHER

2 OFFENSES.—Nothing in this subsection shall be con3 strued to alter or affect the disposition of charges 

4 under chapter 47 of title 10, United States Code 

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

6 an offense triable by court-martial under that chap7 ter for which the maximum punishment authorized 

8 under that chapter includes confinement for one 

9 year or less. 

10 (6) POLICIES AND PROCEDURES.— 

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

12 military departments and the Secretary of 

13 Homeland Security (with respect to the Coast 

14 Guard when it is not operating as a service in 

15 the Navy) shall revise policies and procedures 

16 as necessary to comply with this subsection. 

17 (B) UNIFORMITY.—The General Counsel 

18 of the Department of Defense and the General 

19 Counsel of the Department of Homeland Secu20 rity shall jointly review the policies and proce21 dures revised under this paragraph in order to 

22 ensure that any lack of uniformity in policies 

23 and procedures, as so revised, among the mili24 tary departments and the Department of 


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1 Homeland Security does not render unconstitu2 tional any policy or procedure, as so revised. 

3 (7) MANUAL FOR COURTS-MARTIAL.—The Sec4 retary of Defense shall recommend such changes to 

5 the Manual for Courts-Martial as are necessary to 

6 ensure compliance with this subsection. 

7 (b) EFFECTIVE DATE AND APPLICABILITY.—Sub8 section (a), and the revisions required by that subsection, 

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

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

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

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

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

14 SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CON15 VENE GENERAL AND SPECIAL COURTS-MAR16 TIAL. 

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

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

19 Code of Military Justice), is amended— 

20 (1) by redesignating paragraphs (8) and (9) as 

21 paragraphs (9) and (10), respectively; and 

22 (2) by inserting after paragraph (7) the fol23 lowing new paragraph (8): 

24 ‘‘(8) the officers in the offices established pur25 suant to section 3(c) of the Military Justice ImVerDate Sep 11 2014 23:45 Dec 10, 2014 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2992.PCS S2992

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1 provement Act of 2014 or officers in the grade of O– 

2 6 or higher who are assigned such responsibility by 

3 the Chief of Staff of the Army, the Chief of Naval 

4 Operations, the Chief of Staff of the Air Force, the 

5 Commandant of the Marine Corps, or the Com6 mandant of the Coast Guard, but only with respect 

7 to offenses to which section 2(a)(1) of the Military 

8 Justice Improvement Act of 2014 applies;’’. 

9 (b) NO EXERCISE BY OFFICERS IN CHAIN OF COM10 MAND OF ACCUSED OR VICTIM.—Such section (article) is 

11 further amended by adding at the end the following new 

12 subsection: 

13 ‘‘(c) An officer specified in subsection (a)(8) may not 

14 convene a court-martial under this section if the officer 

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

16 (c) OFFICES OF CHIEFS OF STAFF ON COURTS-MAR17 TIAL.— 

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

19 of the Armed Forces or Commandant specified in 

20 paragraph (8) of section 822(a) of title 10, United 

21 States Code (article 22(a) of the Uniform Code of 

22 Military Justice), as amended by subsection (a), 

23 shall establish an office to do the following: 

24 (A) To convene general and special courts25 martial under sections 822 and 823 of title 10, 


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1 United States Code (articles 22 and 23 of the 

2 Uniform Code of Military Justice), pursuant to 

3 paragraph (8) of section 822(a) of title 10, 

4 United States Code (article 22(a) of the Uni5 form Code of Military Justice), as so amended, 

6 with respect to offenses to which section 

7 592(a)(1) applies. 

8 (B) To detail under section 825 of title 10, 

9 United States Code (article 25 of the Uniform 

10 Code of Military Justice), members of courts11 martial convened as described in subparagraph 

12 (A). 

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

14 established under paragraph (1) shall consist of such 

15 members of the Armed Forces and civilian personnel 

16 of the Department of Defense, or such members of 

17 the Coast Guard or civilian personnel of the Depart18 ment of Homeland Security, as may be detailed or 

19 assigned to the office by the Chief of Staff or Com20 mandant concerned. The members and personnel so 

21 detailed or assigned, as the case may be, shall be de22 tailed or assigned from personnel billets in existence 

23 on the date of the enactment of this Act. 


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1 SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PER2 SONNEL AND RESOURCES. 

3 (a) IN GENERAL.—The Secretaries of the military 

4 departments and the Secretary of Homeland Security 

5 (with respect to the Coast Guard when it is not operating 

6 as a service in the Navy) shall carry out sections 2 and 

7 3 (and the amendments made by section 3) using per8 sonnel, funds, and resources otherwise authorized by law. 

9 (b) NO AUTHORIZATION OF ADDITIONAL PER10 SONNEL OR RESOURCES.—Sections 2 and 3 (and the 

11 amendments made by section 3) shall not be construed 

12 as authorizations for personnel, personnel billets, or funds 

13 for the discharge of the requirements in such sections. 

14 SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION 

15 OF AUTHORITIES ON COURTS-MARTIAL BY 

16 INDEPENDENT PANEL ON REVIEW AND AS17 SESSMENT OF PROCEEDINGS UNDER THE 

18 UNIFORM CODE OF MILITARY JUSTICE. 

19 Section 576(d)(2) of the National Defense Authoriza20 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

21 Stat. 1762) is amended— 

22 (1) by redesignating subparagraph (J) as sub23 paragraph (K); and 

24 (2) by inserting after subparagraph (I) the fol25 lowing new subparagraph (J): 


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1 ‘‘(J) Monitor and assess the implementation 

2 and efficacy of sections 2 through 4 of the Military 

3 Justice Improvement Act of 2014, and the amend4 ments made by such sections.’’. 

5 SEC. 6. EXPLICIT CODIFICATION OF RETALIATION FOR RE6 PORTING A CRIME AS AN OFFENSE UNDER 

7 THE UNIFORM CODE OF MILITARY JUSTICE. 

8 (a) IN GENERAL.—Section 893 of title 10, United 

9 States Code (article 93 of the Uniform Code of Military 

10 Justice), is amended by inserting ‘‘, or retaliating against 

11 any person subject to his orders for reporting a criminal 

12 offense,’’ after ‘‘any person subject to his orders’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) SECTION (ARTICLE) HEADING.—The head15 ing of such section (article) is amended to read as 

16 follows: 

17 ‘‘§ 893. Art. 93. Cruelty and maltreatment; retaliation 

18 for reporting a crime’’. 

19 (2) TABLE OF SECTIONS (ARTICLES).—The 

20 table of sections at the beginning of subchapter X of 

21 chapter 47 of such title is amended by striking the 

22 item relating to section 893 (article 93) and insert23 ing the following new item: 

‘‘893. Art. 93. Cruelty and maltreatment; retaliation for reporting a crime.’’. 

24 (c) REPEAL OF SUPERSEDED PROHIBITION.—Sec25 tion 1709 of the National Defense Authorization Act for 


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1 Fiscal Year 2014 (Public Law 113–66; 127 Stat. 962; 10 

2 U.S.C. 113 note) is repealed. 

3 SEC. 7. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS 

4 A SEPARATE OFFENCE UNDER THE UNIFORM 

5 CODE OF MILITARY JUSTICE. 

6 (a) PUNITIVE ARTICLE.—Subchapter X of chapter 

7 47 of title 10, United States Code (the Uniform Code of 

8 Military Justice), is amended by inserting after section 

9 907 (article 107) the following new section (article): 

10 ‘‘§ 907a. Art. 107a. Obstruction of justice 

11 ‘‘Any person subject to this chapter who wrongfully 

12 does a certain act with the intent to influence, impede, 

13 or otherwise obstruct the due administration of justice 

14 shall be punished as a court-martial may direct. except 

15 that the maximum punishment authorized for such offense 

16 may not exceed dishonorable discharge, forfeiture of all 

17 pay and allowances, and confinement for not more than 

18 five years.’’. 

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

20 at the beginning of subchapter X of chapter 47 of such 

21 title, as amended by section 6(b)(2) of this Act, is further 

22 amended by inserting after the item relating to section 

23 907 (article 107) the following new item: 

‘‘907a. Art. 107a. Obstruction of justice.’’. 


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Calendar No. 644 

113TH CONGRESS 

2D SESSION S. 2992 

A BILL 

To amend title 10, United States Code, to reform 

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

DECEMBER 10, 2014 

Read the second time and placed on the calendar 


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