Title: Justice for Warriors Act
Policy area: Armed Forces and National Security

Summary:
Justice for Warriors Act
This bill modifies various policies and procedures related to the military justice system, including by amending the Uniform Code of Military Justice (UCMJ).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3647 Introduced in House (IH)]

<DOC>






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 
   determined 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 Representatives 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.
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.--Section 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 ordered.
    ``(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 pending such determination.''.
    (b) Standard of Proof for Reviews of Pretrial Confinement.--Not 
later than 180 days after the date of the enactment of this Act, the 
President shall issue regulations revising subsection (i)(2)(A)(iii) of 
Rule For Courts-Martial 305 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor to such rule) to provide that 
the requirements for confinement under subsection (h)(2)(B) of such 
rule must be proved beyond a reasonable doubt.
    (c) Sentencing Credit for Pretrial Confinement.--Not later than 180 
days after the date of the enactment of this Act, the President shall 
issue regulations revising subsection (k) of Rule for Courts-Martial 
305 (as set forth in the Manual for Courts-Martial, 2019 edition, or 
any successor to such rule) to provide that--
            (1) the remedy for noncompliance with subsection (f), (h), 
        (i), or (j) of such rule shall be an administrative credit 
        against the sentence adjudged for any confinement served as the 
        result of such noncompliance; and
            (2) such credit shall be computed at the rate of 20 days 
        credit for each day of confinement served as a result of such 
        noncompliance.

SEC. 3. QUALIFICATIONS AND SELECTION OF MEMBERS FOR COURTS-MARTIAL.

    (a) Member Qualifications.--Section 825 of title 10, United States 
Code (article 25 of the Uniform Code 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 follows:
            ``(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 
        subparagraph (B).
            ``(B)(i) After receiving a notification under subparagraph 
        (A), the Judge Advocate General shall detail 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 
        database that includes all members of the armed forces 
        (including members serving on active duty and members 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 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 officer 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--
                    (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 
                                regulations'' and inserting ``(i) Under 
                                regulations''; and
                                    (II) by adding at the end the 
                                following:
                    ``(ii) In a case in which an a preliminary hearing 
                is waived under clause (i), the convening authority 
                shall make a determination as to the disposition which 
                shall be made of the case in the interest of justice 
                and discipline, including 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 
                        inserting the following new paragraphs:
            ``(2) A preliminary hearing shall include--
                    ``(A) a thorough and impartial investigation of all 
                the matters set forth in the charges and 
                specifications, including inquiry as to the truth of 
                the matter set forth in the charges and specifications;
                    ``(B) a determination, which shall be binding 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 committed 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 recommendation as to the 
                disposition which shall be made of the case in the 
                interest of justice and discipline.
            ``(3) The standards for the admissibility of evidence in a 
        preliminary hearing shall be the same as the standards for the 
        admissibility of evidence in a court-martial.'';
                    (C) in subsection (b), by striking ``conducted by'' 
                and inserting ``presided over by'';
                    (D) by redesignating subsections (c) through (h) as 
                subsections (d) through (i), respectively;
                    (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-martial 
                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 hearing officer shall 
                detail alternate members who may serve on the panel in 
                the event that a panel member cannot fulfill the 
                member's duties.
            ``(3) Level of concurrence required.--All matters to be 
        decided by the preliminary hearing panel shall be determined by 
        the unanimous concurrence of all members present.''; and
                    (F) in subsection (d), as so redesignated--
                            (i) in paragraph (1), by striking 
                        ``reasoning and conclusions of the hearing 
                        officer with respect to the determinations 
                        under subsection (a)(2)'' and inserting 
                        ``reasoning and conclusions of the preliminary 
                        hearing panel with respect to determinations 
                        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 sections 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 
        inserting the following new item:

``832. 32. Preliminary hearing and investigation required before 
                            referral to general 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 semicolon and 
        inserting ``, including an investigation conducted as part of a 
        preliminary hearing under section 832 of this title (article 
        32);''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Investigative subpoena.--An investigative subpoena 
        under paragraph (1)(C) may be issued before referral of charges 
        to a court-martial only if--
                    ``(A) a general court-martial convening authority 
                has authorized counsel for the Government to issue such 
                a subpoena;
                    ``(B) a military judge issues such a subpoena 
                pursuant to section 830a of this title (article 30a); 
                or
                    ``(C) an officer presiding over a preliminary 
                hearing under section 832 of this title (article 32) 
                issues such a subpoena.''.

SEC. 5. ROLE OF CONVENING AUTHORITY.

    (a) Referral for Trial by Convening Authority.--
            (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 before referral for trial'' and 
                inserting ``Referral for trial by convening 
                authority'';
                    (B) by redesignating subsections (a) through (d) as 
                subsections (b) through (e), respectively;
                    (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-martial 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 offense 
                        under this chapter;
                            ``(ii) it is beyond a reasonable doubt that 
                        the accused committed the offense charged;
                            ``(iii) a court-martial would have 
                        jurisdiction 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 determines, in accordance with 
                subsection (b) of this section (article), that referral 
                of the specification to a general court-martial is 
                appropriate.
            ``(2)(A) Except as provided in subparagraph (B), if the 
        report of the preliminary hearing indicates that charges and 
        specifications shall be referred for trial by general court-
        martial, the convening 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 preliminary hearing under section 832 of this title 
        (article 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 indicates that charges and 
        specifications shall not be referred for trial by general 
        court-martial, the convening 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 authorized under this chapter other than a 
                general court martial.
            ``(B) In a case in which the convening authority becomes 
        aware of new evidence that was not considered 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 consideration of such evidence.''; and
                    (D) in subsection (b), as so redesignated--
                            (i) in the subsection heading, by striking 
                        ``General Court-martial'' and inserting 
                        ``Advice Before Referral Without Preliminary 
                        Hearing''; and
                            (ii) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Before 
                                referral'' and inserting ``In a case in 
                                which the accused has waived a 
                                preliminary 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 sections at the 
        beginning of subchapter VI of chapter 47 of such title is 
        amended by striking the item relating to section 834 and 
        inserting the following new item:

``834. 34. Referral for trial by convening authority.''.
    (b) Who May Convene General Courts-Martial.--Section 822(a) of 
title 10, United States Code (article 22 of the Uniform Code of 
Military Justice), is amended by striking ``General courts-martial'' 
and inserting ``Subject to section 834 of this title (article 34), 
general courts-martial''.

SEC. 6. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING 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 concerning 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 proceeding to a 
member of the armed forces who is participating 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 Uniform 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, expert, and other 
        services that defense counsel determines is necessary for 
        adequate representation under this subsection; and
            ``(B) the amount of funds and other resources provided to 
        an accused for investigative, expert, and other services under 
        subparagraph (A) is proportionate 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 period at the end and inserting ``and equal 
access to investigative, 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 concurrence 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 concurrence of all members 
        present''.

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 following 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 President 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:
    ``(a) In General.--Except as provided in subsection (b), at any 
time after''; and
            (2) by adding at the end the following new subsection:
    ``(b) Limitation.--For any offense that is subject to a statute of 
limitations, the right of an accused to petition 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 ACCUSED 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:
``Sec. 1044f. Defense investigators for individuals accused of offenses 
              under the Uniform Code of Military Justice
    ``(a) Designation; Purposes.--The Secretary concerned 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 Uniform Code of Military Justice).
    ``(b) Administrative Independence.--Each Defense Investigator Unit 
shall be funded and maintained independently from any military criminal 
investigative organization in the department over which the Secretary 
concerned has jurisdiction.
    ``(c) Equitable Support.--The Secretary concerned shall provide to 
the Defense Investigator Unit a level of support, including funding, 
staffing, and administrative support, that is sufficient to ensure that 
an accused has access to the investigative services necessary for 
adequate 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 access a crime scene; and
            ``(2) to the extent practicable, shall be present during 
        any investigative activities conducted by a military criminal 
        investigative organization, including the processing of crime 
        scenes and witness interviews.''.
    (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 Uniform 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 subsection (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:
``Sec. 1167a. Prohibition on involuntary separation as nonjudicial 
              punishment for a charge brought under the Uniform Code of 
              Military 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 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 martial.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the involuntary separation 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 denied'' 
                after ``granted''; and
                    (B) in paragraph (4), by inserting ``or denied'' 
                after ``granted''.
            (2) Technical and conforming amendments.--
                    (A) Title 10.--Section 867a(a) of title 10, United 
                States Code (article 67a of the Uniform Code of 
                Military Justice), is amended by striking ``The Supreme 
                Court may not review by a writ of certiorari under this 
                section any action of the United States Court of 
                Appeals for the Armed Forces in refusing to grant a 
                petition for review.''.
                    (B) Time for application for writ of certiorari.--
                Section 2101(g) of title 28, United States Code, is 
                amended to read as follows:
    ``(g) The time for application for a writ of certiorari to review a 
decision of the United States Court of Appeals for the Armed Forces, or 
the decision of a Court of Criminal Appeals that the United States 
Court of Appeals for the Armed Forces refuses to grant a petition to 
review, shall be as prescribed by rules of the Supreme Court.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect upon the expiration of 
        the 180-day period beginning on the date of the enactment of 
        this Act and shall apply to any petition granted or denied by 
        the United States Court of Appeals for the Armed Forces on or 
        after that effective date.
            (2) Authority to prescribe rules.--The authority of the 
        Supreme Court to prescribe rules to carry out section 2101(g) 
        of title 28, United States Code, as amended by subsection 
        (a)(2)(B) of this Act, shall take effect on the date of the 
        enactment of this Act.

SEC. 14. TREATMENT OF CERTAIN RECORDS OF CRIMINAL INVESTIGATIONS.

    (a) Guidance Required.--The Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall develop and 
implement uniform guidance to modify the systems used by Defense 
criminal investigative organizations to document records of criminal 
investigations (commonly known as ``title systems'') to ensure that a 
record identifying a member of the Armed Forces as the subject of a 
criminal investigation is removed from such system if that member is 
cleared of wrongdoing as described in subsection (d).
    (b) Documentation by Judge Advocate.--As soon as practicable after 
a member of the Armed forces is cleared of wrongdoing as described in 
subsection (d), a judge advocate in the chain of command of the member 
shall submit to the Defense criminal investigative organization 
concerned a written notice verifying that the member has been cleared 
of wrongdoing.
    (c) Deadline for Removal.--A record described in subsection (a) 
shall be removed from the title system of a Defense criminal 
investigative organization not later than 30 days after the date on 
which the organization receives the notice described in subsection (b).
    (d) Disposition of Investigations.--A member of the Armed Forces 
who is the subject of a criminal investigation shall be considered to 
have been cleared of wrongdoing for purposes of subsection (a) if--
            (1) the member is found not guilty, not responsible, or it 
        is found that the reasons specified for the proceeding are 
        unsupported by the evidence of the offense for which the member 
        was under investigation--
                    (A) through a court-martial or other proceeding 
                brought under the chapter 47 of title 10, United States 
                Code (the Uniform Code of Military Justice);
                    (B) through an administrative proceeding within the 
                Department of Defense or the Armed Force concerned; or
                    (C) by a civilian court; or
            (2) the Government makes a final determination not to 
        prosecute the member for the criminal offense for which the 
        member was under investigation.
    (e) Defense Criminal Investigative Organization Defined.--In this 
section, the term ``Defense criminal investigative organization'' means 
any organization or element of the Department of Defense or an Armed 
Force that is responsible for conducting criminal investigations, 
including--
            (1) the Army Criminal Investigation Command;
            (2) the Naval Criminal Investigative Service;
            (3) the Air Force Office of Special Investigations;
            (4) the Coast Guard Investigative Service; and
            (5) the Defense Criminal Investigative Service.
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