S.Amdt. 3971

SA 3971. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, 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 appropriate place in title V, insert the following:

SEC. [DAV21M33]. SELECTION PROCESS FOR MEMBERS TO SERVE ON
COURTS-MARTIAL.

Section 825(e) of title 10, United States Code (article
25(e) of the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting after ``(e)'', the following: ``(1) When
convening a court-martial, the convening authority shall
detail as members thereof members of the armed forces under
such regulations as the President may prescribe for the
randomized selection of qualified personnel available to the
convening authority for detail.
``(2) The randomized selection process developed and
implemented under paragraph (1) may include parameter
controls that--
``(A) allow for exclusions based on scheduling
availability;
``(B) allow for controls based on military rank; and
``(C) allow for controls to promote gender, racial, and
ethnic diversity and inclusion.''; and
(3) in paragraph (4), as redesignated by paragraph (1),
by--
(A) striking the first sentence; and
(B) striking ``when he is'' and inserting ``when the member
is''.
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