,,ii #aacth ,,congress #ast ,session ,s4 #ajcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mrs4 ,mc,caskill 7for herself1 ,ms4 ,collins1 ,mrs4 ,shaheen1 ,mr4 ,blunt1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to make certain improvements in the ,uniform ,code of ,military ,justice related to sex-related offenses committed by members of the ,armed ,forces1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,better ,enforcement for ,sexual ,assault ,free ,environments ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,limitations on convening authority discretion regarding court-martial findings and sentence4 ,sec4 #c4 ,participation by complaining witnesses in clemency phase of courts-martial process4 ,sec4 #d4 ,mandatory discharge or dismissal for certain sex-related offenses under the ,uniform ,code of ,military ,justice and trial of such offenses by general courts-martial4 ,sec4 #e4 ,defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel4 ,sec4 #f4 ,elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes4 ,sec4 #g4 ,consideration of need for1 and authority to provide for1 temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense4 ,sec4 #h4 ,briefings of commanding officers following unrestricted reports of sexual assault on members of the ,armed ,forces4 ,sec4 #i4 ,victims' ,counsel for victims of sex-related offenses committed by members of the ,armed ,forces and related provisions4 ,sec4 #aj4 ,secretary of ,defense report on sentencing reform4 ,sec4 #aa4 ,secretary of ,defense report on role of commanders in military justice process4 #b4 ,limitations on convening authority discretion regarding court-martial findings and sentence 7a7 ,elimination of unlimited command prerogative and discretion ,paragraph 7#a7 of section #hfj7;c7 of title #aj1 ,united ,states ,code 7article #fj7;c7 of the ,uniform ,code of ,military ,justice7 is amended by striking the first sentence4 7b7 ,limitations on discretion regarding court-,martial findings ,paragraph 7#c7 of section #hfj7;c7 of title #aj1 ,united ,states ,code 7article #fj7;c7 of the ,uniform ,code of ,military ,justice7 is amended to read as follows3 7#c7 7,a7 ,action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required4 7,b7 ,if a convening authority or other person acts on the findings of a court-martial1 the convening authority or other person may not-- 7i7 dismiss any charge or specification1 other than a charge or specification for a qualifying offense1 by setting aside a finding of guilty thereto2 or 7ii7 change a finding of guilty to a charge or specification1 other than a charge or specification for a qualifying offense1 to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification4 7,c7 ,if a convening authority or other person acts on the findings to dismiss or change any charge or specification for a qualifying offense1 the convening authority or other person shall prepare a written explanation of such action4 ,such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective4 7,d7 7i7 ,in this paragraph1 the term qualifying offense means1 except as provided in clause 7ii71 an offense under this chapter for which-- 7,i7 the maximum sentence of confinement that may be adjudged does not exceed two years2 and 7,,ii7 the sentence adjudged does not include dismissal1 a dishonorable or bad-conduct discharge1 or confinement for more than six months4 7ii7 ,such term does not include the following3 7,i7 ,an offense under section #ibj of this title 7article #abj74 7,,ii7 ,an offense under section #ibh of this title 7article #abh71 if such offense consisted of assault consummated by battery upon child under #af years of age4 7,,iii7 ,an offense under section #icd of this title 7article #acd71 if such offense consisted of indecent language communicated to child under the age of #af years4 7,,iv7 ,such other offenses as the ,secretary of ,defense may prescribe by regulation4 4 7c7 ,limitations of discretion ,to modify an adjudged sentence to less than mandatory minimum sentence ,section #hfj7;c7 of title #aj1 ,united ,states ,code 7article #fj7;c7 of the ,uniform ,code of ,military ,justice7 is amended-- 7#a7 in paragraph 7#b71 by striking ,the convening authority and inserting the following3 7,b7 ,except as provided in paragraph 7#d71 the convening authority 2 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,if a mandatory minimum sentence exists for a charge1 the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence1 except that1 upon the recommendation of the trial counsel1 the convening authority or other person shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense4 4 7d7 ,explanation for any decision disapproving1 commuting1 or suspending court-,martial sentence ,section #hfj7;c77#b7 of title #aj1 ,united ,states ,code 7article #fj7;c77#b7 of the ,uniform ,code of ,military ,justice71 as amended by subsection 7c77#a71 is further amended-- 7#a7 by inserting 7,a7 after 7#b72 and 7#b7 by adding at the end the following new subparagraph3 7,c7 ,if the convening authority or other person makes a decision to disapprove1 commute1 or suspend the sentence in whole or in part1 the convening authority or such person shall prepare a detailed written explanation of such action4 ,such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective4 4 7e7 ,conforming amendment to other authority for convening authority ,to suspend sentence ,section #hga7;d7 of such title 7article #ga7;d7 of the ,uniform ,code of ,military ,justice7 is amended by adding at the end the following new sentence3 ,paragraphs 7#b7 and 7#d7 of subsection 7c7 of section #hfj of this title 7article #fj7 shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection44 7f7 ,effective date ,the amendments made by this section shall take effect #ahj days after the date of the enactment of this ,act 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 amended by this section1 on or after that effective date4 #c4 ,participation by complaining witnesses in clemency phase of courts-martial process ,section #hfj7;b7 of title #aj1 ,united ,states ,code 7article #fj7;b7 of the ,uniform ,code of ,military ,justice71 is amended by adding at the end the following new paragraphs3 7#e7 7,a7 ,if an accused elects to submit matters for consideration by the convening authority under this subsection1 a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section4 7,b7 7i7 ,upon receipt of matters under this paragraph1 a complaining witness shall have #aj days to submit materials in response to such matters to the convening authority4 7ii7 ,if a complaining witness shows that additional time is required for submission of materials under this subparagraph1 the convening authority or other person taking action under this section1 for good cause1 may extend the applicable period for submission of such materials for not more than an additional #bj days4 7#f7 ,in any case in which findings and sentence have been adjudged for an offense involving a complaining witness1 the complaining witness shall be provided an opportunity to submit matters to the convening authority for consideration prior to taking action under this section4 7#g7 ,the convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the court-martial4 4 #d4 ,mandatory discharge or dismissal for certain sex-related offenses under the ,uniform ,code of ,military ,justice and trial of such offenses by general courts-martial 7a7 ,mandatory discharge or dismissal required 7#a7 ,imposition ,section #hef of title #aj1 ,united ,states ,code 7article #ef of the ,uniform ,code of ,military ,justice7 is amended-- 7,a7 by inserting 7a7 before ,the punishment2 and 7,b7 by adding at the end the following new subsection3 7b7 7#a7 ,while a person subject to this chapter who is found guilty of an offense specified in paragraph 7#b7 shall be punished as a general court-martial may direct1 such punishment must include1 at a minimum1 dismissal or dishonorable discharge4 7#b7 ,paragraph 7#a7 applies to the following offenses3 7,a7 ,an offense in violation of subsection 7a7 or 7b7 of section #ibj 7article #abj7;a7 or 7b774 7,b7 ,forcible sodomy under section #ibe of this title 7article #abe74 7,c7 ,an attempt to commit an offense specified in subparagraph 7,a7 or 7,b7 that is punishable under section #hhj of this title 7article #hj74 4 7#b7 ,clerical amendments 7,a7 ,section heading ,the heading of such section is amended to read as follows3 #hef4 ,art4 #ef4 ,maximum and minimum limits 4 7,b7 ,table of sections ,the table of sections at the beginning of subchapter ,,viii of chapter #dg of such title is amended by striking the item relating to section #hef and inserting the following new item3 #hef4 ,art #ef4 ,maximum and minimum limits4 4 7b7 ,jurisdiction limited to general courts-,martial ,section #hah of such title 7article #ah of the ,uniform ,code of ,military ,justice7 is amended-- 7#a7 by inserting 7a7 before the first sentence2 7#b7 in the third sentence1 by striking ,however1 a general court-martial and inserting the following3 7b7 ,a general court-martial 2 and 7#c7 by adding at the end the following new subsection3 7c7 ,consistent with sections #hai1 #hbj1 and #hef7;b7 of this title 7articles #ai1 #bj1 and #ef7;b771 only general courts-martial have jurisdiction over an offense specified in section #hef7;b77#b7 of this title 7article #ef7;b77#b774 4 7c7 ,effective date ,the amendments made by this section shall take effect #ahj days after the date of the enactment of this ,act4 #e4 ,defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel ,section #hdf of title #aj1 ,united ,states ,code 7article #df of the ,uniform ,code of ,military ,justice71 is amended-- 7#a7 by inserting 7a7 ,opportunity ,to obtain witnesses and other evidence4-- before ,the trial counsel2 7#b7 by striking ,process issued and inserting the following3 7c7 ,process ,process issued 2 and 7#c7 by inserting after subsection 7a71 as designated by paragraph 7#a71 the following new subsection 7b73 7b7 ,interview of complaining witnesses by defense counsel 7#a7 ,upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section #hcb of this title 7article #cb7 or a court-martial under this chapter1 defense counsel shall make all requests to interview any such complaining witness through trial counsel4 7#b7 ,if requested by a complaining witness subject to a request for interview under paragraph 7#a71 any interview of the witness by defense counsel shall take place only in the presence of trial counsel1 counsel for the witness1 or outside counsel4 4 #f4 ,elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes 7a7 ,inclusion of additional offenses ,section #hdc7;a7 of title #aj1 ,united ,states ,code 7article #dc7;a7 of the ,uniform ,code of ,military ,justice7 is amended by striking rape1 or rape of a child and inserting rape or sexual assault1 or rape or sexual assault of a child4 7b7 ,conforming amendment ,section #hdc7;b77#b77;,b77i7 of title #aj1 ,united ,states ,code 7article #dc7;b77#b77;,b77i7 of the ,uniform ,code of ,military ,justice7 is amended by inserting before the period at the end the following3 1 unless the offense is covered by subsection 7a74 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 an offense covered by section #ibj7;b7 or #ibj;b7b7 of title #aj1 ,united ,states ,code 7article #abj7;b7 or #abj;b7b7 of the ,uniform ,code of ,military ,justice7 that is committed on or after that date4 #g4 ,consideration of need for1 and authority to provide for1 temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense 7a7 ,in general ,chapter #ci of title #aj1 ,united ,states ,code1 is amended by inserting after section #fgc the following new section3 #fgd4 ,temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense 7a7 ,guidance for timely consideration and action ,the ,secretary concerned may provide guidance1 within guidelines provided by the ,secretary of ,defense1 for commanders regarding their authority to make a timely determination1 and to take action1 regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section #ibj1 #ibj;a1 #ibj;b1 or #ibj;c of this title 7article #abj1 #abj;a1 #abj;b1 or #abj;c of the ,uniform ,code of ,military ,justice7 should be temporarily reassigned or removed from a position of authority or assignment1 not as a punitive measure1 but solely for the purpose of maintaining good order and discipline within the member's unit4 7b7 ,time for determinations ,a determination described in subsection 7a7 may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #fgc the following new item3 #fgd4 ,temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense4 4 7c7 ,additional training requirement for commanders ,the ,secretary of ,defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section #fgd of title #aj1 ,united ,states ,code1 as added by subsection 7a71 as part of the training for new and prospective commanders at all levels of command required by section #ehe7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7,public ,law #aab-ha2 #aj ,u4,s4,c4 #aefa note74 #h4 ,briefings of commanding officers following unrestricted reports of sexual assault on members of the ,armed ,forces 7a7 ,briefings required ,not later than eight days after a member of the ,armed ,forces files an unrestricted report on a sexual assault of such member1 the commanding officer of the member filing such report shall provide a briefing on such incident to the following3 7#a7 ,the first colonel1 or captain in the case of the ,navy1 in the chain of command of such member4 7#b7 ,the first general or flag officer in the chain of command of such member4 7b7 ,elements 7#a7 ,in general ,a briefing on an incident under subsection 7a7 shall include the following3 7,a7 ,information on the victim 7other than the name of the victim74 7,b7 ,information on the alleged offender 7other than the name of the alleged offender74 7,c7 ,the details of the incident4 7,d7 ,any actions taken in connection with the incident1 including the following3 7i7 ,referral of the victim to any services available for members of the ,armed ,forces who are victims of sexual assault1 including the date of each such referral4 7ii7 ,any investigation of the incident1 including the date of any significant action in connection any such investigation4 7#b7 ,modification ,the ,secretary of ,defense may modify the elements required in a briefing under this section if the ,secretary determines that such modification will facilitate compliance of briefings under this section with best practices for such briefing as identified by the ,sexual ,assault ,prevention and ,response ,office of the ,department of ,defense4 7c7 ,preparation ,the collection and assembly of any information required for a briefing under this section shall be conducted by a ,sexual ,assault ,response ,coordinator4 ,information required for a briefing may not be collected or assembled through an investigation or interview of the victim by any commanding officer of the victim4 7d7 ,regulations ,the ,secretary of ,defense shall prescribe regulations to carry out this section4 #i4 ,victims' ,counsel for victims of sex-related offenses committed by members of the ,armed ,forces and related provisions 7a7 ,designation and duties 7#a7 ,in general ,chapter #ec of title #aj1 ,united ,states ,code1 is amended by inserting after section #ajdd;d the following new section3 #ajdd;e4 ,victims' ,counsel for victims of sex-related offenses committed by members of the armed forces 7a7 ,designation2 purposes ,under regulations prescribed by the ,secretary of ,defense1 the ,secretary concerned shall designate legal counsel 7to be known as ,victims' ,counsel7 for the purpose of providing legal assistance to any member of the armed forces1 any dependent of a member1 or any other individual eligible for military legal assistance under section #ajdd of this title1 who is the victim of a sex-related offense1 regardless of whether the allegation is restricted or unrestricted4 7b7 ,types of legal assistance ,the types of legal assistance contemplated by this subsection may include the following3 7#a7 ,legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim's right to seek military defense services4 7#b7 ,legal consultation regarding the ,victim ,witness ,assistance ,program 7,,vwap71 including-- 7,a7 the rights and benefits afforded the victim2 7,b7 the role of the ,victim_/,witness ,advocate or ,liaison and what privileges do or do not exist between the victim and the ,advocate or ,liaison2 and 7,c7 the nature of communication made to the ,victim_/,witness ,advocate or ,liaison as opposed to communication made to the ,legal ,assistance ,attorney4 7#c7 ,legal consultation regarding the potential for civil litigation against other parties 7other than the ,department of ,defense74 7#d7 ,legal consultation regarding any proceedings of the military justice process that the victim may observe4 7#e7 ,legal consultation regarding the military justice system1 including-- 7,a7 the roles and responsibilities of the trial counsel1 the defense counsel1 and investigators2 7,b7 any proceedings of the military justice process in which the victim may observe or participate as a witness or other party2 7,c7 the ,government's authority to compel cooperation and testimony2 and 7,d7 the victim's responsibility to testify1 and other duties to the court4 7#f7 ,accompanying the victim at any proceedings in connection with the reporting1 military investigation1 and military prosecution of the alleged sex-related offense4 7#g7 ,legal consultation regarding-- 7,a7 services available from appropriate agencies or offices for emotional and mental health counseling and other medical services2 7,b7 eligibility for and requirements for obtaining any available military and veteran benefits1 such as transitional compensation benefits found in section #ajei of this title and other ,state and ,federal victims' compensation programs2 and 7,c7 the availability of1 and any protections offered by1 civilian and military restraining orders4 7#h7 ,legal consultation and assistance in personal civil legal matters in accordance with section #ajdd of this title4 7#i7 ,such other legal assistance as the ,secretary concerned may specify under this subsection4 7c7 ,qualifications ,an individual may not be designated as a ,victims' ,counsel under this section unless the individual is-- 7#a7 a judge advocate or a civilian attorney serving as a legal assistance attorney who is a graduate of an accredited law school and is a member of the bar of a ,federal court or of the highest court of a ,state2 and 7#b7 is certified as competent to be designated as a ,victims' ,counsel by the ,judge ,advocate ,general of the ,armed ,force of which the individual is a member4 7d7 ,administrative responsibility ,under such regulations as may be prescribed by the ,secretary concerned1 the ,judge ,advocate ,general 7as defined in section #hja7a7 of this title7 under the jurisdiction of the ,secretary1 and within the ,marine ,corps the ,staff ,judge ,advocate to the ,commandant of the ,marine ,corps1 is responsible for the establishment and supervision of individuals designated as ,victims' ,counsel4 7e7 ,sex-,related offense defined ,in this subsection1 a sex-related offense includes-- 7#a7 any offense covered by section #ibj1 #ibj;a1 #ibj;b1 #ibj;c1 or #ibe 7article #abj1 #abj;a1 #abj;b1 #abj;c1 or #abe of the ,uniform ,code of ,military ,justice72 or 7#b7 an attempt to commit an offense specified in a paragraph 7#a7 as punishable under section #hhj of this title 7article #hj of the ,uniform ,code of ,military ,justice74 7f7 ,availability of victims' counsel ,a member of the armed forces1 or a dependent of a member1 or any other individual eligible for military legal assistance under section #ajdd of this title1 who is the victim of an alleged sex-related offense shall be provided assistance by a ,victims' ,counsel upon report of an allegation of a sex-related offense or at the time the victim seeks assistance from a ,sexual ,assault ,response ,coordinator1 a ,sexual ,assault ,victim ,advocate1 a military criminal investigator1 a victim_/witness liaison1 a trial counsel1 a healthcare provider1 or any other personnel designated by the ,secretary concerned for purposes of this subsection4 ,the assistance of a ,victims' ,counsel under this subsection shall be available to a member or a dependent regardless of whether the member or dependent elects unrestricted or restricted reporting of the sex-related offense4 ,the member or dependent shall also be informed that the assistance of the ,victims' ,counsel is an option and may be declined1 in whole or in part1 at any time4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #ajdd;d the following new item3 #ajdd;e4 ,victims' ,counsel for victims of sexual assault-related offenses committed by members of the armed forces4 4 7#c7 ,conforming amendment ,section #ajdd7;d77#b77;,b7 of this title is amended by striking and #ajdd;d and inserting #ajdd;d1 and #ajdd;e4 7b7 ,enhanced ,training ,requirement ,the ,secretary of each military department1 and the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,department of the ,navy1 shall implement1 within the guidelines provided by the ,secretary of ,defense1 in-depth and advanced training for all military and civilian attorneys assigned under section #ajdd or #ajdd;e of title #aj1 ,united ,states ,code1 to provide legal assistance to victims of sex-related offenses4 7c7 ,secretary of ,defense reporting requirement 7#a7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,defense1 in coordination with the ,secretary of ,homeland ,security with respect to the ,coast ,guard1 shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report outlining how the ,armed ,forces have implemented the requirements of section #ajdd;e of title #aj1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,additional submission requirement ,the report required by paragraph 7#a7 shall also be submitted to the ,independent ,review ,panels established by section #egf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #ageh71 and the ,joint ,services ,committee on ,military ,justice4 7d7 ,additional duties for independent review panel ,the ,independent ,review ,panel established by section #egf7;a77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #ageh7 shall include as part of its duties the following3 7#a7 ,an assessment of the roles1 responsibilities1 and authorities of the ,victims' ,counsel to provide legal assistance to victims of sex-related offenses under section #ajdd;e of title #aj1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,an assessment of whether the roles1 responsibilities1 and authorities of the ,victims' ,counsel to provide legal assistance to victims of sex-related offenses under such section should be expanded to include legal standing to represent the alleged victim during investigative and military justice proceedings in connection with the prosecution of a sex-related offense4 #aj4 ,secretary of ,defense report on sentencing reform 7a7 ,reports required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report on sentencing guidelines and mandatory minimum sentencing provisions under the ,uniform ,code of ,military ,justice4 7b7 ,contents of report ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the effects of mandatory minimum sentencing provisions under the ,uniform ,code of ,military ,justice on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing4 7#b7 ,an assessment of the penalties imposed by the current mandatory minimum sentences in relation to the offenses for which imposed under the ,uniform ,code of ,military ,justice4 7#c7 ,a description of the interaction between mandatory minimum sentencing provisions under the ,uniform ,code of ,military ,justice and plea agreements4 7#d7 ,an assessment of the appropriateness of statutorily mandated minimum sentencing provisions for additional serious offenses under the ,uniform ,code of ,military ,justice4 7#e7 ,an assessment of the advisory sentencing guidelines used in civilian courts and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial4 7#f7 ,any other information that the ,secretary of ,defense determines would contribute to a thorough assessment of sentencing guidelines and mandatory minimum sentencing provisions under the ,uniform ,code of ,military ,law4 #aa4 ,secretary of ,defense report on role of commanders in military justice process ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report containing an assessment of the current role of commanders in the administration of military justice and the investigation1 prosecution1 and adjudication of offenses under the ,uniform ,code of ,military ,justice4 ,specifically1 the ,secretary of ,defense shall assess the post-trial authority of a commander under section #hfj of title #aj1 ,united ,states ,code 7article #fj of the ,uniform ,code of ,military ,justice71 as amended by section #b1 and include in the report a recommendation regarding whether this authority should be further modified or repealed4