Fiscal Year 2022 (Public Law 117–81) as provided in sec-
tion 539C of that Act. 
(d) DESIGNATION OF INDEPENDENT AUTHORITY.— 
(1) IN GENERAL.—Not later than the effective 
date specified in subsection (c), the President shall 
designate an independent convening authority who 
shall have exclusive authority for convening general 
and special courts-martial involving covered offenses 
in accordance with sections 822(c) and 823(c) of 
title 10, United States Code (articles 22(c) and 
23(c) of the Uniform Code of Military Justice), as 
added by subsection (a). An independent convening 
authority designated under this subsection shall be 
an individual who is independent of the military 
chains of command of both the victims and those ac-
cused of covered offenses, and may include a special 
trial counsel. 
(2) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered offense’’ has the 
meaning given that term in section 801(17) of 
title 10, United States Code (article 1(17) of 
the Uniform Code of Military Justice), as added 
by section 533 of the National Defense Author-
ization Act for Fiscal Year 2022 (Public Law 
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117–81) and further amended by section 2 of 
this Act. 
(B) The term ‘‘special trial counsel’’ has 
the meaning given that term in section 801(18) 
of title 10, United States Code (article 1(18) of 
the Uniform Code of Military Justice), as added 
by section 533 of the National Defense Author-
ization Act for Fiscal Year 2022 (Public Law 
117–81). 
(e) CONFORMING AMENDMENT.—Title V of the Na-
tional Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81) is amended by striking section 534. 
SEC. 4. SELECTION PROCESS FOR MEMBERS TO SERVE ON 
COURTS-MARTIAL. 
Section 825(e) of title 10, United States Code (article 
25(e) of the Uniform Code of Military Justice), is amend-
ed— 
(1) by redesignating paragraphs (1), (2), and 
(3) as paragraphs (3), (4), and (5), respectively; 
(2) by inserting after the subsection enumerator 
the following new paragraphs: ‘‘(1) When convening 
a court-martial, the convening authority shall detail 
as members thereof members of the armed forces 
under such regulations as the President may pre-
scribe for the randomized selection of qualified per-
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sonnel available to the convening authority for de-
tail. 
‘‘(2) The randomized selection process developed and 
implemented under paragraph (1) may include parameter 
controls that— 
‘‘(A) allow for exclusions based on availability; 
‘‘(B) allow for controls based on military rank; 
and 
‘‘(C) allow for controls based on equitable rep-
resentation on the basis of race, sex, and ethnicity.’’; 
and 
(3) in paragraph (4), as so redesignated— 
(A) by striking the first sentence; and 
(B) by striking ‘‘when he is’’ and inserting 
‘‘when the member is’’. 
SEC. 5. MODIFICATIONS TO ANNUAL REPORTS ON RACIAL 
AND ETHNIC DEMOGRAPHICS IN THE MILI-
TARY JUSTICE SYSTEM. 
Section 486 of title 10, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘and other information’’ after 
‘‘statistics’’; 
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(B) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (8), by striking the pe-
riod at the end and inserting a semicolon; and 
(D) by adding at the end the following new 
paragraphs: 
‘‘(9) an estimate, based on survey data from 
the Armed Forces Workplace and Equal Oppor-
tunity Surveys, of the number of offenses committed 
by members of the armed force, disaggregated by— 
‘‘(A) statistical category as related to the 
victim; and 
‘‘(B) statistical category as related to the 
principal; 
‘‘(10) an analysis of any disparities among race, 
sex, and ethnicity in the incidence, reporting, dis-
position, and prosecution of offenses by units, com-
mands, and installations during the year covered by 
the report, including trends relating to— 
‘‘(A) the prosecution of offenses; and 
‘‘(B) the prevalence of offenses, set forth 
separately for— 
‘‘(i) each installation with 5,000 or 
more servicemembers; 
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‘‘(ii) the major career fields of any in-
dividuals involved in such incidents, includ-
ing the fields of combat arms, aviation, lo-
gistics, maintenance, administration, and 
medical; and 
‘‘(iii) in the case of the Navy, the 
operational status (whether sea duty or 
shore duty) of any individuals involved in 
such incidents; and 
‘‘(11) the policies, procedures, and processes 
implemented by the Secretary concerned during the 
year covered by the report in response to any race, 
sex, or ethnicity disparities involving members of the 
armed force concerned.’’; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) PUBLICATION.—The Secretary of Defense 
shall— 
‘‘(1) publish on an appropriate publicly avail-
able website of the Department of Defense the re-
ports required by subsection (a); and 
‘‘(2) ensure that any data included with each 
such report is made available in a machine-readable 
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format that is downloadable, searchable, and sort-
able.’’. 
Æ 
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