To reform procedures for determinations to proceed to trial by court-martial for certain offenses under the Uniform Code of Military Justice.

SA 1578. Mrs. GILLIBRAND (for herself, Mrs. Boxer, Mr. Grassley, Mr.
Cruz, Ms. Murkowski, Mr. Blumenthal, Mrs. Shaheen, Ms. Hirono, Mr.
Paul, Mr. Coons, Mr. Heller, Mr. Durbin, Mr. Kirk, Mr. Markey, Mr.
Cardin, Mr. Menendez, Mr. Udall, Mr. Schumer, Mr. Wyden, Mr. Schatz,
Ms. Baldwin, Ms. Stabenow, Mr. Donnelly, Mr. Heinrich, Ms. Warren, and
Mr. Leahy) submitted an amendment intended to be proposed to amendment
SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title V, add the following:

Subtitle I--Uniform Code of Military Justice Reform

SEC. 596. SHORT TITLE.

This subtitle may be cited as the ``Military Justice
Improvement Act of 2015''.

SEC. 597. 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.

(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
paragraph (2) and not excluded under paragraph (3), the
Secretary of Defense shall require the Secretaries of the
military departments to provide for the determination under
section 830(b) of such chapter (article 30(b) of the Uniform
Code of Military Justice) on whether to try such charges by
court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
paragraph (2) and not excluded under paragraph (3) against a
member of the Coast Guard (when it is not operating as a
service in the Navy), the Secretary of Homeland Security
shall provide for the determination under section 830(b) of
such chapter (article 30(b) of the Uniform Code of Military
Justice) on whether to try such charges by court-martial as
provided in paragraph (4).
(2) Covered offenses.--An offense specified in this
paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), that is triable
by court-martial under that chapter for which the maximum
punishment authorized under that chapter includes confinement
for more than one year.
(B) An offense of retaliation for reporting a crime under
section 893 of title 10, United States Code (article 93 of
the Uniform Code of Military Justice), as amended by section
599B of this Act, regardless of the maximum punishment
authorized under that chapter for such offense.
(C) An offense under section 907a of title 10, United
States Code (article 107a of the Uniform Code of Military
Justice), as added by section 599C of this Act, regardless of
the maximum punishment authorized under that chapter for such
offense.
(D) A conspiracy to commit an offense specified in
subparagraph (A) through (C) as punishable under section 881
of title 10, United States Code (article 81 of the Uniform
Code of Military Justice).
(E) A solicitation to commit an offense specified in
subparagraph (A) through (C) as punishable under section 882
of title 10, United States Code (article 82 of the Uniform
Code of Military Justice).
(F) An attempt to commit an offense specified in
subparagraphs (A) through (E) as punishable under section 880
of title 10, United States Code (article 80 of the Uniform
Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 917 of title 10,
United States Code (articles 83 through 117 of the Uniform
Code of Military Justice).
(B) An offense under section 933 or 934 of title 10, United
States Code (articles 133 and 134 of the Uniform Code of
Military Justice).
(C) A conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform Code
of Military Justice).
(D) A solicitation to commit an offense specified in
subparagraph (A) or (B) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform Code
of Military Justice).
(E) An attempt to commit an offense specified in
subparagraph (A) through (D) as punishable under section 880
of title 10, United States Code (article 80 of the Uniform
Code of Military Justice).
(4) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) 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-6 or higher who--
(i) are available for detail as trial counsel under section
827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice);
(ii) have significant experience in trials by general or
special court-martial; and
(iii) are outside the chain of command of the member
subject to such charges.
(B) Upon a determination under subparagraph (A) to try such
charges by court-martial, the officer making that
determination shall determine whether to try such charges by
a general court-martial convened under section 822 of title
10, United States Code (article 22 of the Uniform Code of
Military Justice), or a special court-martial convened under
section 823 of title 10, United States Code (article 23 of
the Uniform Code of Military Justice).
(C) A determination under subparagraph (A) to try charges
by court-martial shall include a determination to try all
known offenses, including lesser included offenses.
(D) The determination to try such charges by court-martial
under subparagraph (A), and by type of court-martial under
subparagraph (B), shall be binding on any applicable
convening authority for a trial by court-martial on such
charges.
(E) The actions of an officer described in subparagraph (A)
in determining under that subparagraph whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(F) The determination under subparagraph (A) 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 824 of
title 10, United States Code (article 24 of the Uniform Code
of Military Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice).
(5) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), 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 less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall revise policies and procedures as
necessary to comply with this subsection.
(B) 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 procedures, as so revised,
among the military departments and the Department of Homeland
Security does not render unconstitutional any policy or
procedure, as so revised.
(7) 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 subsection.
(b) Effective Date and Applicability.--Subsection (a), and
the revisions required by that subsection, shall take effect
on the date that is 180 days after the date of the enactment
of this Act, and shall apply with respect to charges
preferred under section 830 of title 10, United States Code
(article 30 of the Uniform Code of Military Justice), on or
after such effective date.

SEC. 598. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE
GENERAL AND SPECIAL COURTS-MARTIAL.

(a) In General.--Subsection (a) of section 822 of title 10,
United States Code (article 22 of the Uniform Code of
Military Justice), is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) the officers in the offices established pursuant to
section 598(c) of the Military Justice Improvement Act of
2015 or officers in the grade of O-6 or higher who are
assigned such responsibility by the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, or the
Commandant of the Coast Guard, but only with respect to
offenses to which section 597(a)(1) of the Military Justice
Improvement Act of 2015 applies;''.

[[Page S3718]]

(b) No Exercise by Officers in Chain of Command of Accused
or Victim.--Such section (article) is further amended by
adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not
convene a court-martial under this section if the officer is
in the chain of command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial under
sections 822 and 823 of title 10, United States Code
(articles 22 and 23 of the Uniform Code of Military Justice),
pursuant to paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the Uniform Code of
Military Justice), as so amended, with respect to offenses to
which section 597(a)(1) applies.
(B) To detail under section 825 of title 10, United States
Code (article 25 of the Uniform Code of Military Justice),
members of courts-martial convened as described in
subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the
Armed Forces and civilian personnel of the Department of
Defense, or such members of the Coast Guard or civilian
personnel of the Department of Homeland Security, as may be
detailed or assigned to the office by the Chief of Staff or
Commandant concerned. The members and personnel so detailed
or assigned, as the case may be, shall be detailed or
assigned from personnel billets in existence on the date of
the enactment of this Act.

SEC. 599. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND
RESOURCES.

(a) In General.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall carry out sections 597 and 598
(and the amendments made by section 598) using personnel,
funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or
Resources.--Sections 597 and 598 (and the amendments made by
section 598) shall not be construed as authorizations for
personnel, personnel billets, or funds for the discharge of
the requirements in such sections.

SEC. 599A. 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 576(d)(2) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is
amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
sections 597 through 599 of the Military Justice Improvement
Act of 2015, and the amendments made by such sections.''.

SEC. 599B. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING
A CRIME AS AN OFFENSE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.

(a) In General.--Section 893 of title 10, United States
Code (article 93 of the Uniform Code of Military Justice), is
amended--
(1) by inserting ``(a)'' before ``Any person'';
(2) in subsection (a), as so designated, by inserting ``,
or retaliating against any person subject to his orders for
reporting a criminal offense,'' after ``any person subject to
his orders''; and
(3) by adding at the end the following new subsection:
``(b) This section (article) is the sole section of this
chapter under which the offense of retaliating against any
person subject to a person's orders for reporting a criminal
offense as described in subsection (a) is punishable.''.
(b) Conforming Amendments.--
(1) Section (article) heading.--The heading of such section
(article) is amended to read as follows:

``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation
for reporting a crime''.

(2) Table of sections (articles).--The table of sections at
the beginning of subchapter X of chapter 47 of such title is
amended by striking the item relating to section 893 (article
93) and inserting the following new item:

``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a
crime.''.
(c) Repeal of Superseded Prohibition.--Section 1709 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 962; 10 U.S.C. 113 note) is
repealed.

SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A
SEPARATE OFFENCE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.

(a) Punitive Article.--Subchapter X of chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 907 (article
107) the following new section (article):

``Sec. 907a. Art. 107a. Obstruction of justice

``(a) Any person subject to this chapter who wrongfully
does a certain act with the intent to influence, impede, or
otherwise obstruct the due administration of justice shall be
punished as a court-martial may direct, except that the
maximum punishment authorized for such offense may not exceed
dishonorable discharge, forfeiture of all pay and allowances,
and confinement for not more than five years.
``(b) This section (article) is the sole section of this
chapter under which an offense described in subsection (a) is
punishable.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title, as
amended by section 599B(b)(2) of this Act, is further amended
by inserting after the item relating to section 907 (article
107) the following new item:

``907a. Art. 107a. Obstruction of justice.''.
______