,,ii  #aafth ,,congress  #ast ,session  
,s4 #aghi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #aa1     
#bjai,mrs4 ,gillibrand 7for herself1    
,mr4 ,grassley1 ,mrs4 ,shaheen1 ,mr4    
,leahy1 ,mr4 ,durbin1 ,ms4 ,warren1 ,mr4
 ,bennet1 ,mr4 ,merkley1 ,mr4           
,blumenthal1 ,mr4 ,wyden1 ,ms4 ,hirono1 
,ms4 ,hassan1 ,ms4 ,baldwin1 ,mr4       
,coons1 ,mr4 ,menendez1 ,mrs4           
,feinstein1 ,mr4 ,udall1 ,ms4           
,klobuchar1 ,mr4 ,brown1 ,ms4           
,murkowski1 ,ms4 ,smith1 ,mr4 ,booker1  
,mr4 ,sanders1 ,mr4 ,casey1 ,mr4 ,cruz1 
,mr4 ,paul1 ,ms4 ,harris1 ,mr4 ,markey1 
,mr4 ,heinrich1 and ,ms4 ,duckworth7    
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 reform procedures for 
determinations on disposition of charges
 and the convening of courts-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 #bjai4    
#b4 ,improvement of determinations on   
disposition of charges for certain      
offenses under ,,ucmj with authorized   
maximum sentence of confinement of more 
than one year  7a7 ,improvement of      
determinations  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 subsection 7b7 and 
not excluded under subsection 7c71 the  
,secretary of ,defense shall require the
 ,secretaries of the military           
departments to provide as described in  
subsection 7d7 for the determinations as
 follows3  7,a7 ,determinations under   
section #hcj of such chapter 7article   
#cj of the ,uniform ,code of ,military  
,justice7 on the preferral of charges4  
7,b7 ,determinations under section #hcj 
of such chapter 7article #cj of the     

,uniform ,code of ,military ,justice7 on
 the disposition of charges4  7,c7      
,determinations under section #hcd of   
such chapter 7article #cd of the        
,uniform ,code of ,military ,justice7 on
 the referral of charges4  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          
subsection 7b7 and not excluded under   
subsection 7c7 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 as described in subsection 7d7  
for the determinations as follows3  7,a7
 ,determinations under section #hcj of  
such chapter 7article #cj7;a7 of the    
,uniform ,code of ,military ,justice7 on
 the preferral of charges4  7,b7        
,determinations under section #hcj of   
such chapter 7article #cj of the        
,uniform ,code of ,military ,justice7 on

 the disposition of charges4  7,c7      
,determinations under section #hcd of   
such chapter 7article #cd of the        
,uniform ,code of ,military ,justice7 on
 the referral of charges4  7b7 ,covered 
offenses ,an offense specified in this  
subsection is an offense as follows3    
7#a7 ,an offense under chapter #dg of   
title #aj1 ,united ,states ,code 7the   
,uniform ,code of ,military ,justice71  
for which the maximum punishment        
authorized under that chapter includes  
confinement for more than one year4     
7#b7 ,the offense of obstructing justice
 under section #ica;b of title #aj1     
,united ,states ,code 7article #aca;b of
 the ,uniform ,code of ,military        
,justice71 regardless of the maximum    
punishment authorized under that chapter
 for such offense4  7#c7 ,the offense of
 retaliation for reporting a crime under
 section #icb of title #aj1 ,united     
,states ,code 7article #acb of the      
,uniform ,code of ,military ,justice71  
regardless of the maximum punishment    

authorized under that chapter for such  
offense4  7#d7 ,a conspiracy to commit  
an offense specified in paragraphs 7#a7 
through 7#c7 as punishable under section
 #hha of title #aj1 ,united ,states     
,code 7article #ha of the ,uniform ,code
 of ,military ,justice74  7#e7 ,a       
solicitation to commit an offense       
specified in paragraphs 7#a7 through    
7#c7 as punishable under section #hhb of
 title #aj1 ,united ,states ,code       
7article #hb of the ,uniform ,code of   
,military ,justice74  7#f7 ,an attempt  
to commit an offense specified in       
paragraphs 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  7c7 ,excluded offenses      
,subsection 7a7 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 paragraph 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 paragraph
 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 paragraph 7#a7 or 7#b7 as  
punishable under section #hhj of title  
#aj1 ,united ,states ,code 7article #hj 
of the ,uniform ,code of ,military      
,justice74  7d7 ,requirements and       
limitations ,the disposition of charges 
covered by subsection 7a7 shall be      
subject to the following3 7#a7 ,the     
determination whether to prefer such    

charges or refer such charges to a      
court-martial for trial1 as applicable1 
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--  7,a7 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  7,b7 have         
significant experience in trials by     
general or special court-martial2 and   
7,c7 are outside the chain of command of
 the member subject to such charges4    
7#b7 ,upon a determination under        
paragraph 7#a7 to refer charges to a    
court-martial for trial1 the officer    
making that determination shall         
determine whether to refer such charges 
for trial 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 
paragraph 7#a7 to prefer charges or     
refer charges to a court-martial for    
trial1 as applicable1 shall cover all   
known offenses1 including lesser        
included offenses4  7#d7 ,the           
determination to prefer charges or refer
 charges to a court-martial for trial1  
as applicable1 under paragraph 7#a71 and
 the type of court-martial to which to  
refer under subparagraph 7,b71 shall be 
binding on any applicable convening     
authority for the referral of such      
charges4  7#e7 ,the actions of an       
officer described in paragraph 7#a7 in  
determining under that paragraph whether
 or not to prefer charges or refer      
charges to a court-martial for trial1 as
 applicable1 shall be free of unlawful  
or unauthorized influence or coercion4  

7#f7 ,the determination under paragraph 
7#a7 not to refer charges to a general  
or special court-martial for trial shall
 not operate to terminate or otherwise  
alter the authority of commanding       
officers to refer 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  7e7 ,construction 
with charges on other offenses ,nothing 
in this section shall be construed to   
alter or affect the preferral1          
disposition1 or referral authority of   
charges under chapter #dg of title #aj1 
,united ,states ,code 7the ,uniform     
,code of ,military ,justice71 that      
allege an offense for which the maximum 
punishment authorized under that chapter

 includes confinement for one year or   
less4  7f7 ,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 section4 
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 subsection 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  7g7       
,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 section4    
#c4 ,modification of officers authorized
 to convene general and special         
courts-martial for certain offenses     
under ,,ucmj with authorized maximum    
sentence of confinement of more than one
 year  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 with
 respect to offenses to which section   
#b7;a7 of the ,military ,justice        
,improvement ,act of #bjai applies1 the 
officers in the offices established     
pursuant to section #c7;c7 of that ,act 
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 ,guard2  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;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 as of the effective date for  
this ,act specified in section #f4  #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 using personnel1 
funds1 and resources otherwise          
authorized by law4  7b7 ,no             
authorization of additional personnel or
 resources ,sections #b and #c 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 by ,defense ,advisory       
,committee on ,investigation1           
,prosecution1 and ,defense of ,sexual   
,assault in the ,armed ,forces ,section 

#edf7;c7 of the ,carl ,levin and ,howard
 ,p4 ,buck ,mc,keon ,national ,defense  
,authorization ,act for ,fiscal ,year   
#bjae 7#aj ,u4,s4,c4 #aefa note7 is     
amended-- 7#a7 in paragraph 7#a7--  7,a7
 by striking on the investigation and   
inserting 8on the following3  7,a7 ,the 
investigation  2 and  7,b7 by adding at 
the end the following new subparagraph3 
7,b7 ,the implementation and efficacy of
 sections #b through #d of the ,military
 ,justice ,improvement ,act of #bjai and
 the amendments made by such sections4  
2 and  7#b7 in paragraph 7#b71 by       
striking paragraph 7#a7 and inserting   
paragraph 7#a77;,a74  #f4 ,effective    
date and applicability  7a7 ,effective  
date and applicability ,this ,act and   
the amendments made by this ,act shall  
take effect #ahj days after the date of 
the enactment of this ,act1 and shall   
apply with respect to any allegation of 
charges of an offense specified in      
subsection 7a7 of section #b1 and not   
excluded under subsection 7c7 of section

 #b1 which offense occurs on or after   
such effective date4  7b7 ,revisions of 
policies and procedures ,any revision of
 policies and procedures required of the
 military departments or the ,department
 of ,homeland ,security as a result of  
this ,act and the amendments made by    
this ,act shall be completed so as to   
come into effect together with the      
coming into effect of this ,act and the 
amendments made by this ,act in         
accordance with subsection 7a74