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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2992 Placed on Calendar Senate (PCS)]

                                                       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.

    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 
2014''.

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) An offense of retaliation for reporting a crime 
                under section 893 of title 10, United States Code 
                (article 93 of the Uniform Code of Military Justice), 
                as amended by section 6 of this Act, regardless of the 
                maximum punishment authorized under that chapter for 
                such offense.
                    (C) An offense under section 907a of title 10, 
                United States Code (article 107a of the Uniform Code of 
                Military Justice), as added by section 7 of this Act, 
                regardless of the maximum punishment authorized under 
                that chapter for such offense.
                    (D) A conspiracy to commit an offense specified in 
                subparagraph (A) through (C) as punishable under 
                section 881 of title 10, United States Code (article 81 
                of the Uniform Code of Military Justice).
                    (E) A solicitation to commit an offense specified 
                in subparagraph (A) through (C) as punishable under 
                section 882 of title 10, United States Code (article 82 
                of the Uniform Code of Military Justice).
                    (F) An attempt to commit an offense specified in 
                subparagraphs (A) through (E) 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 2014 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 2014 
        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 
                592(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 
        2014, and the amendments made by such sections.''.

SEC. 6. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING A CRIME AS 
              AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) In General.--Section 893 of title 10, United States Code 
(article 93 of the Uniform Code of Military Justice), is amended by 
inserting ``, or retaliating against any person subject to his orders 
for reporting a criminal offense,'' after ``any person subject to his 
orders''.
    (b) Conforming Amendments.--
            (1) Section (article) heading.--The heading of such section 
        (article) is amended to read as follows:
``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation for 
              reporting a crime''.
            (2) Table of sections (articles).--The table of sections at 
        the beginning of subchapter X of chapter 47 of such title is 
        amended by striking the item relating to section 893 (article 
        93) and inserting the following new item:

``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a 
                            crime.''.
    (c) Repeal of Superseded Prohibition.--Section 1709 of the National 
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 
Stat. 962; 10 U.S.C. 113 note) is repealed.

SEC. 7. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A SEPARATE OFFENCE 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Punitive Article.--Subchapter X of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), is amended 
by inserting after section 907 (article 107) the following new section 
(article):
``Sec. 907a. Art. 107a. Obstruction of justice
    ``Any person subject to this chapter who wrongfully does a certain 
act with the intent to influence, impede, or otherwise obstruct the due 
administration of justice shall be punished as a court-martial may 
direct. except that the maximum punishment authorized for such offense 
may not exceed dishonorable discharge, forfeiture of all pay and 
allowances, and confinement for not more than five years.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of such title, as amended by section 6(b)(2) 
of this Act, is further amended by inserting after the item relating to 
section 907 (article 107) the following new item:

``907a. Art. 107a. Obstruction of justice.''.
                                                       Calendar No. 644

113th CONGRESS

  2d Session

                                S. 2992

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 10, 2014

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