SEC. 5. ROLE OF CONVENING AUTHORITY. 
(a) REFERRAL FOR TRIAL BY CONVENING AUTHOR-
ITY.— 
(1) IN
GENERAL.—Section 834 of title 10, 
United States Code (article 33 of the Uniform Code 
of Military Justice) is amended— 
(A) in the section heading by striking 
‘‘Advice to convening authority be-
fore referral for trial’’ and inserting ‘‘Re-
ferral for trial by convening author-
ity’’; 
(B) 
by 
redesignating 
subsections 
(a) 
through (d) as subsections (b) through (e), re-
spectively; 
(C) by inserting before subsection (b) the 
following new subsection: 
‘‘(a) REFERRAL TO GENERAL COURT-MARTIAL.— 
‘‘(1) The convening authority may not refer a 
specification under a charge to a general court-mar-
tial unless— 
‘‘(A) the report of the preliminary hearing 
under section 832(d) of this title (article 32(d)) 
concludes that— 
‘‘(i) the specification alleges an of-
fense under this chapter; 
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‘‘(ii) it is beyond a reasonable doubt 
that the accused committed the offense 
charged; 
‘‘(iii) a court-martial would have juris-
diction over the accused and the offense; 
and 
‘‘(iv) the specification shall be referred 
to a general court-martial; or 
‘‘(B) the accused has waived a preliminary 
hearing under section 832(a)(B) of this title 
(article 32) and the convening authority deter-
mines, in accordance with subsection (b) of this 
section (article), that referral of the specifica-
tion to a general court-martial is appropriate. 
‘‘(2)(A) Except as provided in subparagraph 
(B), if the report of the preliminary hearing indi-
cates that charges and specifications shall be re-
ferred for trial by general court-martial, the con-
vening authority shall make such referral. 
‘‘(B) The convening authority may elect not to 
make the referral required under subparagraph (A) 
only if the convening authority becomes aware of 
new evidence that was not considered at the prelimi-
nary hearing under section 832 of this title (article 
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32) and such evidence creates reasonable doubt with 
respect to the guilt of the accused. 
‘‘(3)(A) Except as provided in subparagraph 
(B), if the report of the preliminary hearing indi-
cates that charges and specifications shall not be re-
ferred for trial by general court-martial, the con-
vening authority shall— 
‘‘(i) dismiss the charges; or 
‘‘(ii) determine whether to dispose of the 
charges and specifications through a special 
court-martial, a summary court-martial, or 
through another authority or proceeding au-
thorized under this chapter other than a gen-
eral court martial. 
‘‘(B) In a case in which the convening authority 
becomes aware of new evidence that was not consid-
ered at the preliminary hearing under section 832 of 
this title (article 32), and such evidence indicates 
the guilt of the accused, the convening authority 
may order a new preliminary hearing to include con-
sideration of such evidence.’’; and 
(D) in subsection (b), as so redesignated— 
(i) in the subsection heading, by strik-
ing ‘‘GENERAL COURT-MARTIAL’’ and in-
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serting 
‘‘ADVICE
BEFORE
REFERRAL 
WITHOUT PRELIMINARY HEARING’’; and 
(ii) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘Before re-
ferral’’ and inserting ‘‘In a case in 
which the accused has waived a pre-
liminary 
hearing 
under 
section 
832(a)(1)(B) of this title (article 
32(a)(1)(B)), before referral’’; and 
(II) in subparagraph (B), by 
striking ‘‘there is probable cause to 
believe’’ and inserting ‘‘it is beyond a 
reasonable doubt’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 
47 of such title is amended by striking the item re-
lating to section 834 and inserting the following new 
item: 
‘‘834. 34. Referral for trial by convening authority.’’. 
(b) WHO MAY CONVENE GENERAL COURTS-MAR-
TIAL.—Section 822(a) of title 10, United States Code (ar-
ticle 22 of the Uniform Code of Military Justice), is 
amended by striking ‘‘General courts-martial’’ and insert-
ing ‘‘Subject to section 834 of this title (article 34), gen-
eral courts-martial’’. 
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SEC. 6. PROHIBITION ON CERTAIN COMMUNICATIONS RE-
GARDING COURTS-MARTIAL. 
Section 837 of title 10, United States Code (article 
37 of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(e)(1) No court-martial convening authority, nor 
any other commanding officer, may provide a briefing con-
cerning a pending court-martial, or allegations that may 
lead to a court-martial, to any subordinate who may be 
selected to serve as a member of such court-martial. 
‘‘(2) The prohibition in paragraph (1) shall not apply 
to a briefing provided in the course of a court-martial pro-
ceeding to a member of the armed forces who is partici-
pating in such proceeding.’’. 
SEC. 7. ADEQUATE REPRESENTATION OF DEFENDANTS. 
(a) ADEQUATE REPRESENTATION.—Section 838(b) 
of title 10, United States Code (article 38(b) of the Uni-
form Code of Military Justice) is amended by adding at 
the end the following new paragraph: 
‘‘(8) Each Secretary of a military department shall 
ensure that— 
‘‘(A) an accused who is represented by military 
or civilian counsel has access to the investigative, ex-
pert, and other services that defense counsel deter-
mines is necessary for adequate representation 
under this subsection; and 
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‘‘(B) the amount of funds and other resources 
provided to an accused for investigative, expert, and 
other services under subparagraph (A) is propor-
tionate to the amount of funds and other resources 
provided to prosecutors for such services, except that 
the amount funds provided for such defense services 
may not exceed actual expenses.’’. 
(b) EQUAL ACCESS TO SERVICES.—Section 846(a) of 
title 10, United States Code (article 46a of the Uniform 
Code of Military Justice), is amended by striking the pe-
riod at the end and inserting ‘‘and equal access to inves-
tigative, expert, and other services.’’. 
SEC. 8. VOTES REQUIRED FOR CONVICTION, SENTENCING, 
AND OTHER MATTERS. 
Section 852 of title 10, United States Code (article 
52 of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)(3), by striking ‘‘by the 
concurrence of at least three-fourths of the members 
present’’ and inserting ‘‘by the unanimous concur-
rence of all members present’’; and 
(2) in subsection (b)(2), by striking ‘‘by the 
concurrence of at least three-fourths of the members 
present’’ and inserting ‘‘by the unanimous concur-
rence of all members present’’. 
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SEC. 9. ELECTRONIC RECORDS OF TRIAL. 
Section 854 of title 10, United States Code (article 
54 of the Uniform Code of Military Justice), is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(c) FORM OF RECORD.—The record shall be kept 
in electronic format. A hard copy of the record shall not 
be kept or maintained except under such circumstances 
as the President may prescribe by regulation. The Presi-
dent shall issue regulations establishing a process by 
which a court reporter or official described in subsection 
(a) may certify the electronic version of the record.’’; 
(3) in subsection (e), as so redesignated, by 
striking ‘‘copy’’ and inserting ‘‘electronic and hard 
copy’’; and 
(4) in subsection (f), as so redesignated, by 
striking ‘‘copy’’ and inserting ‘‘electronic and hard 
copy’’. 
SEC. 10. PETITION FOR NEW TRIAL. 
Section 873 of title 10, United States Code (article 
73 of the Uniform Code of Military Justice) is amended— 
(1) by striking ‘‘At any time within three years 
after’’ and inserting the following: 
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‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), at any time after’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) LIMITATION.—For any offense that is subject 
to a statute of limitations, the right of an accused to peti-
tion for a new trial under subsection (a) shall terminate 
three years after the date of the entry of judgment on 
the offense under section 860c of this title (article 60c).’’. 
SEC. 11. DEFENSE INVESTIGATORS FOR INDIVIDUALS AC-
CUSED OF OFFENSES UNDER THE UNIFORM 
CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1044e 
the following new section: 
‘‘§ 1044f. Defense investigators for individuals ac-
cused of offenses under the Uniform Code 
of Military Justice 
‘‘(a) DESIGNATION; PURPOSES.—The Secretary con-
cerned shall establish, within the department over which 
the Secretary has jurisdiction, an organization (to be 
known as a ‘Defense Investigator Unit’) for the purpose 
of providing investigative assistance to individuals who are 
accused of offenses under chapter 47 of this title (the Uni-
form Code of Military Justice). 
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‘‘(b) ADMINISTRATIVE INDEPENDENCE.—Each De-
fense Investigator Unit shall be funded and maintained 
independently from any military criminal investigative or-
ganization in the department over which the Secretary 
concerned has jurisdiction. 
‘‘(c) EQUITABLE
SUPPORT.—The Secretary con-
cerned shall provide to the Defense Investigator Unit a 
level of support, including funding, staffing, and adminis-
trative support, that is sufficient to ensure that an accused 
has access to the investigative services necessary for ade-
quate representation, as required under section 838 of this 
title (article 38 of the Uniform Code of Military Justice). 
‘‘(d) EQUITABLE ACCESS TO INVESTIGATIONS.—The 
Secretary concerned shall issue guidance under which a 
member of a Defense Investigator Unit— 
‘‘(1) may access a crime scene in the same 
manner and to the same extent that a member of a 
military criminal investigative organization may ac-
cess a crime scene; and 
‘‘(2) to the extent practicable, shall be present 
during any investigative activities conducted by a 
military criminal investigative organization, includ-
ing the processing of crime scenes and witness inter-
views.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1044e the following new 
item: 
‘‘1044f. Defense investigators for individuals accused of offenses under the Uni-
form Code of Military Justice.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out section 
1044f of title 10, United States Code, as added by sub-
section (a), such sums as may be necessary for each fiscal 
year. 
SEC. 12. PROHIBITION ON INVOLUNTARY SEPARATION AS 
NONJUDICIAL PUNISHMENT FOR A CHARGE 
BROUGHT UNDER THE UNIFORM CODE OF 
MILITARY JUSTICE. 
(a) IN GENERAL.—Chapter 59 of title 10, United 
States Code, is amended by inserting after section 1167 
the following new section: 
‘‘§ 1167a. Prohibition on involuntary separation as 
nonjudicial punishment for a charge 
brought under the Uniform Code of Mili-
tary Justice 
‘‘(a) IN GENERAL.—Except as provided in section 
1167, a member charged with an offense under chapter 
47 of this title (the Uniform Code of Military Justice) may 
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not be involuntarily separated from the armed forces solely 
on the basis of such charge unless— 
‘‘(1) the member is convicted of the offense by 
a court-martial; and 
‘‘(2) separation of the member from the armed 
forces is prescribed as a sentence by the court mar-
tial. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the involuntary separa-
tion of a member from the armed forces for misconduct 
that is not subject to a charge brought under chapter 47 
of this title (the Uniform Code of Military Justice).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1067 the following new 
item: 
‘‘1067a. Prohibition on involuntary separation as nonjudicial punishment for a 
charge brought under the Uniform Code of Military Justice.’’. 
SEC. 13. CERTIORARI TO THE UNITED STATES COURT OF 
APPEALS FOR THE ARMED FORCES. 
(a) COURT OF APPEALS FOR THE ARMED FORCES; 
CERTIORARI.— 
(1) IN
GENERAL.—Section 1259 of title 28, 
United States Code, is amended— 
(A) in paragraph (3), by inserting ‘‘or de-
nied’’ after ‘‘granted’’; and 
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