I 
117TH CONGRESS 
1ST SESSION H. R. 3647 
To improve the military justice system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2021 
Mr. GOHMERT (for himself and Mr. GOSAR) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve the military justice system, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Justice for Warriors Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Pretrial confinement. 
Sec. 3. Qualifications and selection of members for courts-martial. 
Sec. 4. Preliminary hearings and investigations. 
Sec. 5. Role of convening authority. 
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Sec. 6. Prohibition on certain communications regarding courts-martial. 
Sec. 7. Adequate representation of defendants. 
Sec. 8. Votes required for conviction, sentencing, and other matters. 
Sec. 9. Electronic records of trial. 
Sec. 10. Petition for new trial. 
Sec. 11. Defense investigators for individuals accused of offenses under the 
Uniform Code of Military Justice. 
Sec. 12. 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. 
Sec. 14. Treatment of certain records of criminal investigations. 
SEC. 2. PRETRIAL CONFINEMENT. 
(a) STANDARD FOR PRETRIAL CONFINEMENT.—Sec-
tion 809(d) of title 10, United States Code (article 9(d) 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘(d)(1) No person may be ordered into arrest except 
for probable cause. 
‘‘(2)(A) Except as provided in subparagraph (B), no 
person may be ordered into confinement for more than 
seven days unless it is beyond a reasonable doubt that the 
person committed the offense for which confinement is or-
dered. 
‘‘(B) In the event that a determination with respect 
to reasonable doubt has not been made by the expiration 
of the seven day period described in the subparagraph (A), 
a person may be placed under in-home confinement pend-
ing such determination.’’. 
(b) STANDARD OF PROOF FOR REVIEWS OF PRE-
TRIAL CONFINEMENT.—Not later than 180 days after the 
date of the enactment of this Act, the President shall issue 
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of Military Justice), is amended by striking ‘‘on active 
duty’’ each place it appears. 
(b) SELECTION PROCESS.—Section 825(e) of title 10, 
United States Code (article 25 of the Uniform Code of 
Military Justice), is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2)(A) When convening a court-martial, the 
convening authority shall notify the Judge Advocate 
General of the armed force of which the convening 
authority is a member who shall select the members 
of the court-martial in accordance with subpara-
graph (B). 
‘‘(B)(i) After receiving a notification under sub-
paragraph (A), the Judge Advocate General shall de-
tail members of the armed forces at random to serve 
as members of the court-martial. The selection of 
members shall be made from a randomized list of 
potential members generated using a computer data-
base that includes all members of the armed forces 
(including members serving on active duty and mem-
bers of the reserve components) who are eligible to 
serve as members of the court martial. 
‘‘(ii) The Judge Advocate General shall detail 
not less than the number of members necessary to 
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impanel the court-martial under section 829 of this 
title (article 29). 
‘‘(iii) When convening a court-martial in which 
the accused is a member of the reserve components, 
the Judge Advocate General shall ensure that not 
less than half of the panel members selected to serve 
on the court-martial are members of the reserve 
components. 
‘‘(C) No member of an armed force is eligible 
to serve as a member of a general or special court- 
martial in a case in which that member— 
‘‘(i) is the accuser or a witness for the 
prosecution; 
‘‘(ii) has acted as preliminary hearing offi-
cer or as counsel in the same case; or 
‘‘(iii) is assigned to the same unit as the 
accused.’’; and 
(2) by striking paragraph (3). 
SEC. 4. PRELIMINARY HEARINGS AND INVESTIGATIONS. 
(a) PRELIMINARY HEARING AND INVESTIGATION.— 
(1) IN
GENERAL.—Section 832 of title 10, 
United States Code (article 32 of the Uniform Code 
of Military Justice) is amended— 
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(A) in the section heading by inserting 
‘‘and investigation’’ after ‘‘Preliminary 
hearing’’; 
(B) in subsection (a)— 
(i) in paragraph (1)(B)— 
(I) by striking ‘‘Under regula-
tions’’ and inserting ‘‘(i) Under regu-
lations’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(ii) In a case in which an a preliminary 
hearing is waived under clause (i), the con-
vening authority shall make a determination as 
to the disposition which shall be made of the 
case in the interest of justice and discipline, in-
cluding whether the case should be referred for 
trial by general court-martial in accordance 
with section 834(b) of this title (article 
34(B)).’’. 
(ii) by striking paragraph (2) and in-
serting the following new paragraphs: 
‘‘(2) A preliminary hearing shall include— 
‘‘(A) a thorough and impartial investiga-
tion of all the matters set forth in the charges 
and specifications, including inquiry as to the 
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truth of the matter set forth in the charges and 
specifications; 
‘‘(B) a determination, which shall be bind-
ing on the convening authority as described in 
section 834 of this title (article 34), as to— 
‘‘(i) whether or not the specification 
alleges an offense under this chapter; 
‘‘(ii) whether or not it is beyond a 
reasonable doubt that the accused com-
mitted the offense charged; 
‘‘(iii) whether or not the convening 
authority has court-martial jurisdiction 
over the accused and over the offense; and 
‘‘(iv) whether or not the case shall be 
referred for trial by general court-martial; 
and 
‘‘(C) if the case shall not be referred for 
trial by general court-martial, a recommenda-
tion as to the disposition which shall be made 
of the case in the interest of justice and dis-
cipline. 
‘‘(3) The standards for the admissibility of evi-
dence in a preliminary hearing shall be the same as 
the standards for the admissibility of evidence in a 
court-martial.’’; 
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(C) in subsection (b), by striking ‘‘con-
ducted by’’ and inserting ‘‘presided over by’’; 
(D) 
by 
redesignating 
subsections 
(c) 
through (h) as subsections (d) through (i), re-
spectively; 
(E) by inserting after subsection (b) the 
following new subsection: 
‘‘(c) PANEL.— 
‘‘(1) IN GENERAL.—The determinations under 
subsection (a)(2)(B) shall be made by an impartial 
panel composed of three members of the armed 
forces who— 
‘‘(A) are eligible to serve on a court-mar-
tial under section 825 of this title (article 25); 
and 
‘‘(B) may not be in a rank that is— 
‘‘(i) more than three ranks higher 
than the accused; or 
‘‘(ii) more than two ranks lower than 
the accused. 
‘‘(2) DETAIL OF PANEL MEMBERS.— 
‘‘(A) The preliminary hearing officer shall 
detail members to serve on the panel. 
‘‘(B) In addition to the members detailed 
under subparagraph (A), the preliminary hear-
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ing officer shall detail alternate members who 
may serve on the panel in the event that a 
panel member cannot fulfill the member’s du-
ties. 
‘‘(3) LEVEL OF CONCURRENCE REQUIRED.—All 
matters to be decided by the preliminary hearing 
panel shall be determined by the unanimous concur-
rence of all members present.’’; and 
(F) in subsection (d), as so redesignated— 
(i) in paragraph (1), by striking ‘‘rea-
soning and conclusions of the hearing offi-
cer with respect to the determinations 
under subsection (a)(2)’’ and inserting 
‘‘reasoning and conclusions of the prelimi-
nary hearing panel with respect to deter-
minations under subsection (a)(2)’’; and 
(ii) in paragraph (2), by striking 
‘‘Recommendations for’’ and inserting ‘‘A 
determination with respect to’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 
47 of title 10, United States Code (the Uniform 
Code of Military Justice), is amended by striking the 
item relating to section 832 (article 32) and insert-
ing the following new item: 
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‘‘832. 32. Preliminary hearing and investigation required before referral to gen-
eral court-martial.’’. 
(b) INVESTIGATIVE SUBPOENA.—Section 846(d) of 
title 10, United States Code (article 46 of the Uniform 
Code of Military Justice) is amended— 
(1) in paragraph (1)(C), by striking the semi-
colon and inserting ‘‘, including an investigation con-
ducted as part of a preliminary hearing under sec-
tion 832 of this title (article 32);’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) INVESTIGATIVE SUBPOENA.—An investiga-
tive subpoena under paragraph (1)(C) may be issued 
before referral of charges to a court-martial only 
if— 
‘‘(A) a general court-martial convening au-
thority has authorized counsel for the Govern-
ment to issue such a subpoena; 
‘‘(B) a military judge issues such a sub-
poena pursuant to section 830a of this title (ar-
ticle 30a); or 
‘‘(C) an officer presiding over a prelimi-
nary hearing under section 832 of this title (ar-
ticle 32) issues such a subpoena.’’. 
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