,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bjaf  ,,in ,,the ,,house ,,of  
,,representatives  ,may #af1 #bjac ,mr4 
,benishek 7for himself1 ,ms4 ,gabbard1  
,mr4 ,hanna1 and ,ms4 ,sinema7          
introduced the following bill2 which was
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to amend title   
#aj1 ,united ,states ,code1 to modify   
various authorities relating to         
procedures for courts-martial under the 
,uniform ,code of ,military ,justice1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,military ,justice ,improvement ,act of 
#bjac4  #b4 ,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  7a7  
,modification of authority  7#a7 ,in    
general ,with respect to charges under  
chapter #dg of title #aj1 ,united       
,states ,code 7the ,uniform ,code of    
,military ,justice71 that allege an     

offense1 other than an offense specified
 in paragraph 7#b71 that is triable by  
court-martial under that chapter for    
which the maximum punishment authorized 
under that chapter includes confinement 
for more than one year1 the ,secretary  
of ,defense shall require the           
,secretaries of the military departments
 to provide for the determination under 
section #hcj7;b7 of such chapter        
7article #cj7;b7 of the ,uniform ,code  
of ,military ,justice7 on whether to try
 such charges by court-martial as       
provided in paragraph 7#c74  7#b7       
,excluded offenses ,paragraph 7#a7 does 
not apply to an offense as follows3     
7,a7 ,an offense under sections #hhc    
through #hia of title #aj1 ,united      
,states ,code 7articles #hc through #ia 
of the ,uniform ,code of ,military      
,justice74  7,b7 ,an offense under      
sections #hic through #iag of title #aj1
 ,united ,states ,code 7articles #ic    
through #aag of the ,uniform ,code of   
,military ,justice74  7,c7 ,an offense  

under section #icc of title #aj1 ,united
 ,states ,code 7article #acc of the     
,uniform ,code of ,military ,justice74  
7#c7 ,requirements and limitations ,the 
disposition of charges pursuant to      
paragraph 7#a7 shall be subject to the  
following3  7,a7 ,the determination     
whether to try such charges by          
court-martial shall be made by a        
commissioned officer of the ,armed      
,forces designated in accordance with   
regulations prescribed for purposes of  
this subsection from among commissioned 
officers of the ,armed ,forces in grade 
,o-#f or higher who--  7i7 are available
 for detail as trial counsel under      
section #hbg of title #aj1 ,united      
,states ,code 7article #bg of the       
,uniform ,code of ,military ,justice72  
7ii7 have significant experience in     
trials by general or special            
court-martial2 and  7iii7 are outside   
the chain of command of the member      
subject to such charges4  7,b7 ,upon a  
determination under subparagraph 7,a7 to

 try such charges by court-martial1 the 
officer making that determination shall 
determine whether to try such charges by
 a general court-martial convened under 
section #hbb of title #aj1 ,united      
,states ,code 7article #bb of the       
,uniform ,code of ,military ,justice71  
or a special court-martial convened     
under section #hbc of title #aj1 ,united
 ,states ,code 7article #bc of the      
,uniform ,code of ,military ,justice74  
7,c7 ,the determination to try such     
charges by court-martial under          
subparagraph 7,a71 and by type of       
court-martial under subparagraph 7,b71  
shall be binding on any applicable      
convening authority for a trial by      
court-martial on such charges4  7,d7    
,the actions of an officer described in 
subparagraph 7,a7 in determining under  
that subparagraph whether or not to try 
charges by court-martial shall be free  
of unlawful or unauthorized influence or
 coercion4  7,e7 ,the determination     
under subparagraph 7,a7 not to proceed  

to trial of such 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 convened under section    
#hbd of title #aj1 ,united ,states ,code
 7article #bd of the ,uniform ,code of  
,military ,justice71 or to impose       
non-judicial punishment in connection   
with the conduct covered by such charges
 as authorized by section #hae of title 
#aj1 ,united ,states ,code 7article #ae 
of the ,uniform ,code of ,military      
,justice74  7#d7 ,construction with     
charges on other offenses ,nothing in   
this subsection shall be construed to   
alter or affect the disposition of      
charges under chapter #dg of title #aj1 
,united ,states ,code 7the ,uniform     
,code of ,military ,justice71 that      
allege an offense triable by            
court-martial under that chapter for    
which the maximum punishment authorized 
under that chapter includes confinement 

for one year or less4  7#e7 ,policies   
and procedures of the military          
departments  7,a7 ,in general ,the      
,secretaries of the military departments
 shall revise policies and procedures as
 necessary to comply with this          
subsection4  7,b7 ,uniformity ,the      
,general ,counsel of the ,department of 
,defense shall review the policies and  
procedures revised under this paragraph 
in order to ensure that any lack of     
uniformity in policies and procedures1  
as so revised1 among the military       
departments does not render             
unconstitutional any policy or          
procedure1 as so revised4  7#f7 ,manual 
for ,courts-,martial ,the ,secretary of 
,defense shall recommend such changes to
 the ,manual for ,courts-,martial as are
 necessary to ensure compliance with    
this subsection4  7b7 ,report ,not later
 than #ahj days after the date of the   
enactment of this ,act1 the ,secretary  
of ,defense shall1 in consultation with 
the ,secretaries of the military        

departments1 submit to ,congress a      
report on the revisions of policies and 
procedures necessary to comply with     
subsection 7a74 ,the report shall       
include such recommendations for        
modifications to chapter #dg of title   
#aj1 ,united ,states ,code 7the ,uniform
 ,code of ,military ,justice71 and the  
,manual for ,courts-,martial as the     
,secretary of ,defense considers        
appropriate for that purpose4  7c7      
,effective date and applicability       
,subsection 7a71 and the revisions      
required by that subsection1 shall take 
effect on the date that is #ahj days    
after the date of the enactment of this 
,act1 and shall apply with respect to   
charges preferred under section #hcj of 
title #aj1 ,united ,states ,code        
7article #cj of the ,uniform ,code of   
,military ,justice71 on or after such   
effective date4  #c4 ,modification of   
,manual for ,courts-,martial to         
eliminate factor relating to character  
and military service of the accused in  

rule on initial disposition of offenses 
,not later than #ahj days after the date
 of the enactment of this ,act1 ,rule   
#cjf of the ,manual for ,courts-,martial
 7relating to policy on initial         
disposition of offenses7 shall be       
amended to strike the character and     
military service of the accused from the
 factors to be considered by the        
disposition authority in disposing of   
charges4  #d4 ,modification of officers 
authorized to convene general and       
special courts-martial  7a7 ,in general 
,subsection 7a7 of section #hbb of title
 #aj1 ,united ,states ,code 7article #bb
 of the ,uniform ,code of ,military     
,justice71 is amended--  7#a7 by        
striking paragraphs 7#e7 through 7#h72  
7#b7 by inserting after paragraph 7#d7  
the following new paragraph 7#e73  7#e7 
the officers in the offices established 
pursuant to section #d7;c7 of the       
,military ,justice ,improvement ,act of 
#bjac or officers in the rank of ,o-#f  
or higher who are assigned such         

responsibility by the ,chief of ,staff  
of the ,army1 the ,chief of ,naval      
,operations1 the ,chief of ,staff of the
 ,air ,force1 or the ,commandant of the 
,marine ,corps2 or  2 and  7#c7 by      
redesignating paragraph 7#i7 as         
paragraph 7#f74  7b7 ,no exercise by    
officers in chain of command of accused 
or victim ,such section 7article7 is    
further amended by adding at the end the
 following new subsection3  7c7 ,an     
officer specified in subsection 7a77#e7 
may not convene a court-martial under   
this section if the person is in the    
chain of command of the accused or the  
victim4  4  7c7 ,offices of ,chiefs of  
,staff on courts-,martial  7#a7 ,offices
 required ,each ,chief of ,staff of the 
,armed ,forces specified in paragraph   
7#e7 of section #hbb7;a7 of title #aj1  
,united ,states ,code 7article #bb7;a7  
of the ,uniform ,code of ,military      
,justice71 as amended by subsection 7a71
 shall establish an office to do the    
following3  7,a7 ,to convene general and

 special courts-martial under sections  
#hbb and #hbc of title #aj1 ,united     
,states ,code 7articles #bb and #bc of  
the ,uniform ,code of ,military         
,justice71 pursuant to paragraph 7#e7 of
 section #hbb7;a7 of title #aj1 ,united 
,states ,code 7article #bb7;a7 of the   
,uniform ,code of ,military ,justice71  
as so amended4  7,b7 ,to detail under   
section #hbf of title #aj1 ,united      
,states ,code 7article #bf of the       
,uniform ,code of ,military ,justice71  
judges of courts-martial convened as    
described in subparagraph 7,a74  7,c7   
,to detail under section #hbg of title  
#aj1 ,united ,states ,code 7article #bf 
of the ,uniform ,code of ,military      
,justice71 members of courts-martial    
convened as described in subparagraph   
7,a74  7#b7 ,personnel ,the personnel of
 each office established under paragraph
 7#a7 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          
concerned4  #e4 ,deadline for military  
judge to call general 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 #b7;a77#a7 to  
be tried by such court-martial under #dg
 of title #aj1 ,united ,states ,code    
7the ,uniform ,code of ,military        
,justice71 the military judge shall call
 the court into session pursuant to     
section #hci of title #aj1 ,united      
,states ,code 7article #ci of the       
,uniform ,code of ,military ,justice71  
not later than #ij days after the date  
on which the authority determines to try
 such charges by court-martial4  #f4    
,modification of authorities and        
responsibilities of convening           
authorities in taking actions on the    
findings and sentences of courts-martial
  7a7 ,inclusion of written             
justification for certain actions on    
sentences ,paragraph 7#b7 of section    

#hfj7;c7 of title #aj1 ,united ,states  
,code 7article #fj7;c7 of the ,uniform  
,code of ,military ,justice71 is amended
 by adding at the end the following new 
sentence3 ,in taking such an action     
7other than an action to approve a      
sentence71 the convening authority or   
other person taking such action shall   
prepare a written justification of such 
action1 which written justification     
shall be made a part of the record of   
the court-martial44  7b7 ,prohibition on
 dismissal of finding or change to      
finding of guilty of lesser included    
offense ,such section 7such article7 is 
further amended--  7#a7 in paragraph    
7#c71 by striking the second sentence2  
and  7#b7 by adding at the end the      
following new paragraph3  7#d7 ,if a    
convening authority or other person acts
 on the findings of a court-martial1 the
 convening authority or other person may
 not--  7,a7 dismiss any charge or      
specification by setting aside a finding
 of guilty thereto2 or  7,b7 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 specification4  4  7c7        
,effective date ,the amendments made by 
this section shall take effect on the   
date of the enactment of this ,act1 and 
shall apply with respect to findings and
 sentences of courts-martial reported to
 convening authorities under section    
#hfj of title #aj1 ,united ,states ,code
 7article #fj of the ,uniform ,code of  
,military ,justice71 as so amended1 on  
or after such effective date4  #g4      
,command action on reports on sexual    
offenses involving members of the ,armed
 ,forces  7a7 ,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 accordance
 with subsection 7b7 immediately after  
receipt of the report by the commanding 

officer4  7b7 ,action required ,the     
action required by this subsection with 
respect to a report described in        
subsection 7a7 is the referral of the   
report to the criminal investigation    
office with responsibility for          
investigating that offense of the       
military department concerned or such   
other investigation service of the      
military department concerned as the    
,secretary of the military department   
concerned may specify for purposes of   
this section4  #h4 ,monitoring and      
assessment of modification of           
authorities on courts-martial by        
independent panel on review and         
assessment of proceedings under the     
,uniform ,code of ,military ,justice    
,section #egf7;d77#b7 of the ,national  
,defense ,authorization ,act for ,fiscal
 ,year #bjac 7,public ,law #aab-bci2    
#abf ,stat4 #agfb7 is amended--  7#a7 by
 redesignating subparagraph 7,j7 as     
subparagraph 7,k72 and  7#b7 by         
inserting after subparagraph 7,i7 the   

following new subparagraph 7,j73  7,j7  
,monitor and assess the implementation  
and efficacy of the ,military ,justice  
,improvement ,act of #bjac1 and the     
amendments made by that ,act4  4