,,ii ,calendar ,no4 #bea #aacth         
,,congress  #ast ,session  ,s4 #ageb    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,november #bj1 #bjac,mrs4     
,gillibrand introduced the following    
bill2 which was read the first time     
,november #ba1 #bjac,read the second    
time and placed on the calendar  ,a     
,,bill  ,to reform procedures for       
determinations to proceed to trial by   
court-martial for certain offenses 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    
certain offenses with authorized maximum
 sentence of confinement of more than   
one year  7a7 ,modification of authority
  7#a7 ,in general  7,a7 ,military      
departments ,with respect to charges    
under chapter #dg of title #aj1 ,united 
,states ,code 7the ,uniform ,code of    

,military ,justice71 that allege an     
offense specified in paragraph 7#b7 and 
not excluded under paragraph 7#c71 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#d74  7,b7 ,homeland security ,with    
respect to charges under chapter #dg of 
title #aj1 ,united ,states ,code 7the   
,uniform ,code of ,military ,justice71  
that allege an offense specified in     
paragraph 7#b7 and not excluded under   
paragraph 7#c7 against a member of the  
,coast ,guard 7when it is not operating 
as a service in the ,navy71 the         
,secretary of ,homeland ,security shall 
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#d74  7#b7       
,covered offenses ,an offense specified 
in this paragraph is an offense as      
follows3 7,a7 ,an offense under chapter 
#dg of title #aj1 ,united ,states ,code 
7the ,uniform ,code of ,military        
,justice71 that is triable by           
court-martial under that chapter for    
which the maximum punishment authorized 
under that chapter includes confinement 
for more than one year4  7,b7 ,a        
conspiracy to commit an offense         
specified in subparagraph 7,a7 as       
punishable under section #hha of title  
#aj1 ,united ,states ,code 7article #ha 
of the ,uniform ,code of ,military      
,justice74  7,c7 ,a solicitation to     
commit an offense specified in          
subparagraph 7,a7 as punishable under   
section #hhb of title #aj1 ,united      
,states ,code 7article #hb of the       
,uniform ,code of ,military ,justice74  
7,d7 ,an attempt to commit an offense   
specified in subparagraphs 7,a7 through 

7,c7 as punishable under section #hhj of
 title #aj1 ,united ,states ,code       
7article #hj of the ,uniform ,code of   
,military ,justice74  7#c7 ,excluded    
offenses ,paragraph 7#a7 does not apply 
to an offense as follows3 7,a7 ,an      
offense under sections #hhc through #iag
 of title #aj1 ,united ,states ,code    
7articles #hc through #aag of the       
,uniform ,code of ,military ,justice74  
7,b7 ,an offense under section #icc or  
#icd of title #aj1 ,united ,states ,code
 7articles #acc and #acd of the ,uniform
 ,code of ,military ,justice74  7,c7 ,a 
conspiracy to commit an offense         
specified in subparagraph 7,a7 or 7,b7  
as punishable under section #hha of     
title #aj1 ,united ,states ,code        
7article #ha of the ,uniform ,code of   
,military ,justice74  7,d7 ,a           
solicitation to commit an offense       
specified in subparagraph 7,a7 or 7,b7  
as punishable under section #hhb of     
title #aj1 ,united ,states ,code        
7article #hb of the ,uniform ,code of   

,military ,justice74  7,e7 ,an attempt  
to commit an offense specified in       
subparagraph 7,a7 through 7,d7 as       
punishable under section #hhj of title  
#aj1 ,united ,states ,code 7article #hj 
of the ,uniform ,code of ,military      
,justice74  7#d7 ,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 ,a determination under subparagraph
 7,a7 to try charges by court-martial   
shall include a determination to try all
 known offenses1 including lesser       
included offenses4  7,d7 ,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,e7 ,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,f7 ,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#e7 ,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#f7 ,policies   
and procedures  7,a7 ,in general ,the   
,secretaries of the military departments
 and the ,secretary of ,homeland        
,security 7with respect to the ,coast   
,guard when it is not operating as a    
service in the ,navy7 shall revise      
policies and procedures as necessary to 
comply with this subsection4  7,b7      
,uniformity ,the ,general ,counsel of   
the ,department of ,defense and the     
,general ,counsel of the ,department of 
,homeland ,security shall jointly 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 and the           
,department of ,homeland ,security does 
not render unconstitutional any policy  
or procedure1 as so revised4  7#g7      
,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 ,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   
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 redesignating paragraphs 7#h7 and    
7#i7 as paragraphs 7#i7 and 7#aj71      
respectively2 and  7#b7 by inserting    
after paragraph 7#g7 the following new  
paragraph 7#h73  7#h7 the officers in   
the offices established pursuant to     
section #c7;c7 of the ,military ,justice
 ,improvement ,act of #bjac or officers 
in the grade 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 the      
,commandant of the ,marine ,corps1 or   
the ,commandant of the ,coast ,guard1   
but only with respect to offenses to    
which section #b7;a77#a7 of the         
,military ,justice ,improvement ,act of 
#bjac applies2  4  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#h7 

may not convene a court-martial under   
this section if the officer 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 or ,commandant specified 
in paragraph 7#h7 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#h7 of section #hbb7;a7 of
 title #aj1 ,united ,states ,code       
7article #bb7;a7 of the ,uniform ,code  
of ,military ,justice71 as so amended1  
with respect to offenses to which       
section #b7;a77#a7 applies4  7,b7 ,to   
detail under section #hbe of title #aj1 

,united ,states ,code 7article #be 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         
,defense1 or such members of the ,coast 
,guard or civilian personnel of the     
,department of ,homeland ,security1 as  
may be detailed or assigned to the      
office by the ,chief of ,staff or       
,commandant concerned4 ,the members and 
personnel so detailed or assigned1 as   
the case may be1 shall be detailed or   
assigned from personnel billets in      
existence on the date of the enactment  
of this ,act4  #d4 ,discharge using     
otherwise authorized personnel and      
resources  7a7 ,in general ,the         
,secretaries of the military departments
 and the ,secretary of ,homeland        
,security 7with respect to the ,coast   

,guard when it is not operating as a    
service in the ,navy7 shall carry out   
sections #b and #c 7and the amendments  
made by section #c7 using personnel1    
funds1 and resources otherwise          
authorized by law4  7b7 ,no             
authorization of additional personnel or
 resources ,sections #b and #c 7and the 
amendments made by section #c7 shall not
 be construed as authorizations for     
personnel1 personnel billets1 or funds  
for the discharge of the requirements in
 such sections4  #e4 ,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 sections #b through #d  
of the ,military ,justice ,improvement  
,act of #bjac1 and the amendments made  
by such sections4  4  ,november #ba1    
#bjac,read the second time and placed on
 the calendar