SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO 
PROCEED TO TRIAL BY COURT-MARTIAL ON 
CHARGES ON OFFENSES WITH AUTHORIZED 
MAXIMUM SENTENCE OF CONFINEMENT OF 
MORE THAN ONE YEAR. 
(a) MODIFICATION OF AUTHORITY.— 
(1) IN
GENERAL.—With respect to charges 
under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice), that allege 
an offense, other than an offense specified in para-
graph (2), that is triable by court-martial under that 
chapter for which the maximum punishment author-
ized under that chapter includes confinement for 
more than one year, 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 
(3). 
(2) EXCLUDED
OFFENSES.—Paragraph (1) 
does not apply to an offense as follows: 
(A) An offense under sections 883 through 
891 of title 10, United States Code (articles 83 
through 91 of the Uniform Code of Military 
Justice). 
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(B) An offense under sections 893 through 
917 of title 10, United States Code (articles 93 
through 117 of the Uniform Code of Military 
Justice). 
(C) An offense under section 933 of title 
10, United States Code (article 133 of the Uni-
form Code of Military Justice). 
(3) 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 des-
ignated in accordance with regulations pre-
scribed 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 Uni-
form Code of Military Justice); 
(ii) have significant experience in 
trials by general or special court-martial; 
and 
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(iii) are outside the chain of command 
of the member subject to such charges. 
(B) Upon a determination under subpara-
graph (A) to try such charges by court-martial, 
the officer making that determination shall de-
termine whether to try such charges by a gen-
eral court-martial convened under section 822 
of title 10, United States Code (article 22 of 
the Uniform Code of Military Justice), or a spe-
cial court-martial convened under section 823 
of title 10, United States Code (article 23 of 
the Uniform Code of Military Justice). 
(C) 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 con-
vening authority for a trial by court-martial on 
such charges. 
(D) 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 unau-
thorized influence or coercion. 
(E) The determination under subpara-
graph (A) not to proceed to trial of such 
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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 con-
vened under section 824 of title 10, United 
States Code (article 24 of the Uniform Code of 
Military Justice), or to impose non-judicial pun-
ishment 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). 
(4) CONSTRUCTION WITH CHARGES ON OTHER 
OFFENSES.—Nothing in this subsection shall be con-
strued 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 chap-
ter for which the maximum punishment authorized 
under that chapter includes confinement for one 
year or less. 
(5) POLICIES AND PROCEDURES OF THE MILI-
TARY DEPARTMENTS.— 
(A) IN GENERAL.—The Secretaries of the 
military departments shall revise policies and 
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procedures as necessary to comply with this 
subsection. 
(B) UNIFORMITY.—The General Counsel 
of the Department of Defense shall review the 
policies and procedures revised under this para-
graph in order to ensure that any lack of uni-
formity in policies and procedures, as so re-
vised, among the military departments does not 
render unconstitutional any policy or procedure, 
as so revised. 
(6) MANUAL FOR COURTS-MARTIAL.—The Sec-
retary of Defense shall recommend such changes to 
the Manual for Courts-Martial as are necessary to 
ensure compliance with this subsection. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall, in consultation with the Secretaries of the military 
departments, submit to Congress a report on the revisions 
of policies and procedures necessary to comply with sub-
section (a). The report shall include such recommenda-
tions for modifications to chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), and 
the Manual for Courts-Martial as the Secretary of Defense 
considers appropriate for that purpose. 
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(c) EFFECTIVE DATE
AND APPLICABILITY.—Sub-
section (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 MANUAL FOR COURTS-MARTIAL 
TO ELIMINATE FACTOR RELATING TO CHAR-
ACTER AND MILITARY SERVICE OF THE AC-
CUSED IN RULE ON INITIAL DISPOSITION OF 
OFFENSES. 
Not later than 180 days after the date of the enact-
ment of this Act, Rule 306 of the Manual for Courts-Mar-
tial (relating to policy on initial disposition of offenses) 
shall be amended to strike the character and military serv-
ice of the accused from the factors to be considered by 
the disposition authority in disposing of charges. 
SEC. 4. MODIFICATION OF OFFICERS AUTHORIZED TO CON-
VENE GENERAL AND SPECIAL COURTS-MAR-
TIAL. 
(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 striking paragraphs (5) through (8); 
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(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) the officers in the offices established pur-
suant to section 4(c) of the Military Justice Im-
provement Act of 2013 or officers in the rank 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, or 
the Commandant of the Marine Corps; or’’; and 
(3) by redesignating paragraph (9) as para-
graph (6). 
(b) NO EXERCISE BY OFFICERS IN CHAIN OF COM-
MAND 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)(5) may not 
convene a court-martial under this section if the person 
is in the chain of command of the accused or the victim.’’. 
(c) OFFICES OF CHIEFS OF STAFF ON COURTS-MAR-
TIAL.— 
(1) OFFICES REQUIRED.—Each Chief of Staff 
of the Armed Forces specified in paragraph (5) of 
section 822(a) of title 10, United States Code (arti-
cle 22(a) of the Uniform Code of Military Justice), 
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as amended by subsection (a), shall establish an of-
fice 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 (5) of section 822(a) of title 10, 
United States Code (article 22(a) of the Uni-
form Code of Military Justice), as so amended. 
(B) To detail under section 826 of title 10, 
United States Code (article 26 of the Uniform 
Code of Military Justice), judges of courts-mar-
tial convened as described in subparagraph (A). 
(C) To detail under section 827 of title 10, 
United States Code (article 26 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 as may be detailed or 
assigned to the office by the Chief of Staff con-
cerned. 
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SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GEN-
ERAL AND SPECIAL COURTS-MARTIAL INTO 
SESSION. 
In the case of trial by general or special court-martial 
of charges on an offense determined under section 2(a)(1) 
to be tried by such court-martial under 47 of title 10, 
United States Code (the Uniform Code of Military Jus-
tice), the military judge shall call the court into session 
pursuant to section 839 of title 10, United States Code 
(article 39 of the Uniform Code of Military Justice), not 
later than 90 days after the date on which the authority 
determines to try such charges by court-martial. 
SEC. 6. MODIFICATION OF AUTHORITIES AND RESPON-
SIBILITIES OF CONVENING AUTHORITIES IN 
TAKING ACTIONS ON THE FINDINGS AND 
SENTENCES OF COURTS-MARTIAL. 
(a) INCLUSION
OF WRITTEN JUSTIFICATION
FOR 
CERTAIN ACTIONS ON SENTENCES.—Paragraph (2) of 
section 860(c) of title 10, United States Code (article 
60(c) of the Uniform Code of Military Justice), is amend-
ed by adding at the end the following new sentence: ‘‘In 
taking such an action (other than an action to approve 
a sentence), the convening authority or other person tak-
ing such action shall prepare a written justification of such 
action, which written justification shall be made a part 
of the record of the court-martial.’’. 
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(b) PROHIBITION
ON DISMISSAL
OF FINDING
OR 
CHANGE TO FINDING OF GUILTY OF LESSER INCLUDED 
OFFENSE.—Such section (such article) is further amend-
ed— 
(1) in paragraph (3), by striking the second 
sentence; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) If a convening authority or other person acts 
on the findings of a court-martial, the convening authority 
or other person may not— 
‘‘(A) dismiss any charge or specification by set-
ting aside a finding of guilty thereto; or 
‘‘(B) change a finding of guilty to a charge or 
specification to a finding of guilty to an offense that 
is a lesser included offense of the offense stated in 
the charge or specification.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, and shall apply with respect to findings and 
sentences of courts-martial reported to convening authori-
ties under section 860 of title 10, United States Code (ar-
ticle 60 of the Uniform Code of Military Justice), as so 
amended, on or after such effective date. 
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SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OF-
FENSES 
INVOLVING 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) IMMEDIATE ACTION REQUIRED.—A commanding 
officer who receives a report of a sexual-related offense 
involving a member of the Armed Forces in the chain of 
command of such officer shall act upon the report in ac-
cordance with subsection (b) immediately after receipt of 
the report by the commanding officer. 
(b) ACTION REQUIRED.—The action required by this 
subsection with respect to a report described in subsection 
(a) is the referral of the report to the criminal investiga-
tion office with responsibility for investigating that offense 
of the military department concerned or such other inves-
tigation service of the military department concerned as 
the Secretary of the military department concerned may 
specify for purposes of this section. 
SEC. 8. MONITORING AND ASSESSMENT OF MODIFICATION 
OF AUTHORITIES ON COURTS-MARTIAL BY 
INDEPENDENT PANEL ON REVIEW AND AS-
SESSMENT OF PROCEEDINGS UNDER THE 
UNIFORM CODE OF MILITARY JUSTICE. 
Section 576(d)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1762) is amended— 
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