I 
113TH CONGRESS 
1ST SESSION H. R. 3360 
To reform Article 32 of the Uniform Code of Military Justice to specify 
the burden of proof applicable at the investigative hearing, the required 
qualifications for the investigating officer, the permitted scope of the 
investigation to assist the convening authority, and the protection of 
witnesses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2013 
Mr. TURNER introduced the following bill; which was referred to the 
Committee on Armed Services 
A BILL 
To reform Article 32 of the Uniform Code of Military Justice 
to specify the burden of proof applicable at the investiga-
tive hearing, the required qualifications for the inves-
tigating officer, the permitted scope of the investigation 
to assist the convening authority, and the protection 
of witnesses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PRE-TRIAL INVESTIGATION OF CHARGES AND 
SPECIFICATIONS UNDER UNIFORM CODE OF 
MILITARY JUSTICE. 
(a) REQUIRED INVESTIGATION; INVESTIGATING OF-
FICER.—Subsection (a) of section 832 of title 10, United 
States Code (article 32 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘(a)(1) No charge or specification may be referred 
to a general court-martial for trial until an impartial in-
vestigation of the matters set forth therein has been made. 
The investigation shall be limited to an inquiry to deter-
mine whether or not there is probable cause to believe that 
the accused committed an offense as set forth in the 
charges, consideration of the form of charges, and a rec-
ommendation as to the disposition which should be made 
of the case in the interest of justice and discipline. The 
purpose of this investigation shall not be to serve as dis-
covery tool for the accused. 
‘‘(2) An experienced judge advocate certified under 
section 827(b) of this title (article 27(b)) shall be detailed 
to conduct the investigation under paragraph (1), except 
in exceptional cases in which the interests of justice dic-
tate the detailing of an investigating officer who is not 
a judge advocate. In such exceptional cases, an experi-
enced judge advocate certified under section 827(b) of this 
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title (article 27(b)) shall be detailed to serve as a legal 
advisor to the investigating officer.’’. 
(b) LIMITATIONS ON CROSS-EXAMINATION OF WIT-
NESSES AND PRESENTATION OF EVIDENCE BY THE AC-
CUSED.—Subsection (b) of section 832 of title 10, United 
States Code (article 32 of the Uniform Code of Military 
Justice) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(2) by striking the third sentence; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2) Prior to the investigation, the accused shall be 
provided the following: 
‘‘(A) Any sworn or signed statement relating to 
an offense charged that is in the possession of the 
Government. 
‘‘(B) An opportunity to inspect any books, pa-
pers, documents, photographs, tangible objects, 
buildings, or places, or copies of portions thereof, 
that are in the possession, custody, or control of 
military authorities and are intended to be used by 
the prosecution as evidence at the hearing or were 
obtained from or belonged to the accused. 
‘‘(C) Any scientific tests or experiments, or cop-
ies thereof, that are in the possession, custody, or 
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control of military authorities and are intended to be 
used by the prosecution as evidence at the hearing. 
‘‘(D) Information regarding of the existence of 
any evidence known to the Government counsel that 
reasonably tends to negate the guilt of the accused 
of an offense charged or reduce the degree of guilt 
of an offense charged. 
‘‘(3) At the investigation, the accused shall have the 
opportunity to cross-examine a witness about the matters 
set forth in the charge or specification if the witness is 
available, and to present evidence relevant to the investiga-
tion. The investigating officer shall examine relevant avail-
able witness and relevant evidence requested by the ac-
cused. 
‘‘(4) Notwithstanding paragraph (3), if the investiga-
tion of charges under this section (article) involves a com-
plaining witness, the complaining witness shall be given 
the opportunity to testify at the investigation, but shall 
not be required to testify at the investigation. If the com-
plaining witness declines to testify at the investigation, the 
complaining witness shall be deemed to be unavailable as 
a witness for purposes of the investigation. 
‘‘(5) In this subsection, the term ‘complaining wit-
ness’ means a person who— 
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‘‘(A) is alleged to have suffered a direct phys-
ical, emotional, or pecuniary harm as a result of the 
matters set forth in a charge or specification being 
investigated; and 
‘‘(B) is named in one of the specifications.’’. 
(c) ELIMINATION OF ENTITLEMENT TO REINVES-
TIGATION.—Subsection (c) of section 832 of title 10, 
United States Code (article 32 of the Uniform Code of 
Military Justice) is amended by striking ‘‘unless it is de-
manded’’ and all that follows through ‘‘in his own behalf’’. 
(d) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section 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 
the date of the enactment of this Act. 
Æ 
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