Sec. 2. Enactment and expansion of policy on withholding of initial disposition authority for certain offenses under the Uniform Code of Military Justice
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Except as provided in paragraph (2), the proper authority for a determination of disposition of reported offenses with respect to any offense specified in subsection
(b)shall be an officer in a grade not below the grade of O–6 in the chain of command of the subject who is authorized by chapter 47 of such title (the Uniform Code of Military Justice) to convene special courts-martial. If the victim of an offense specified in subsection
(b)is in a different chain of command than the subject, the proper authority under paragraph
(1)shall be an officer described in that paragraph in the chain of command of the victim. Nothing in this subsection shall be construed— to prohibit the preferral of charges by an authorized person under section 830(a)(1) of title 10, United States Code (article 30(a)(1) of the Uniform code of Military Justice), with respect to the offenses specified in subsection (b), and the forwarding of such charges as so preferred to the proper authority under paragraph
(1)with a recommendation as disposition; or to prohibit an officer in a grade below the grade of O–6 from advising an officer described in paragraph
(1)who is making a determination described in that paragraph with respect to the disposition of the offenses involved. An offense specified in this subsection is any offense as follows: An offense under section 893 of title 10, United States Code (article 93 of the Uniform Code of Military Justice), relating to cruelty and maltreatment, if the offense constitutes sexual harassment. An offense under section 893a of title 10, United States Code (article 93a of the Uniform Code of Military Justice), relating to prohibited activity with a military recruit or trainee by a person in a position of special trust. An offense under section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), relating to murder, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 919 of title 10, United States Code (article 119 of the Uniform Code of Military Justice), relating to manslaughter, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 919a of title 10, United States Code (article 119a of the Uniform Code of Military Justice), relating to death or injury of an unborn child, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 919b of title 10, United States Code (article 119b of the Uniform Code of Military Justice), relating to child endangerment, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), relating to rape and sexual assault generally. An offense under section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), relating to rape and sexual assault of a child. An offense under section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice), relating to other sexual misconduct. An offense under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), relating to kidnapping, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), relating to aggravated assault, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 928a of title 10, United States Code (article 128a of the Uniform Code of Military Justice), relating to maiming, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), relating to domestic violence. An offense under section 930 of title 10, United States Code (article 130 of the Uniform Code of Military Justice), relating to stalking, if the offense is committed in connection with family abuse or other domestic violence. An offense under section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice), relating to retaliation. An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense relates to child pornography. An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense— relates to animal abuse; and is committed in connection with family abuse or other domestic violence. An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense— relates to negligent homicide; and is committed in connection with family abuse or other domestic violence. An attempt to commit an offense specified in a paragraph
(1)through
(18)as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). The authority in subsection
(a)of an officer to make a disposition determination described in that subsection with respect to any offense specified in subsection
(b)extends to a determination of disposition with respect to any of the following: Any other offenses against the subject arising out of the incident in which the offense is alleged to have occurred. Any reported offenses in connection with misconduct of the victim, arising out of such incident. Except for an offense specified in section 818(c) of title 10, United States Code (article 18(c) of the Uniform Code of Military Justice), of which only general courts-martial have jurisdiction, the disposition determinations permissible in the exercise of the authority under this section with respect to charges and specifications are as follows: No action. Administrative action. Imposition of non-judicial punishment. Preferral of charges. If such charges and specifications were preferred from a subordinate, referral to court-martial for trial. Forwarding to a superior or subordinate authority for further disposition. If a disposition determination under this section with respect to an offense is for a disposition specified in paragraph (1), (2), or
(3)of subsection
(d)and the legal advisor to the officer making the disposition determination has recommended a disposition specified in paragraph (4), (5), or
(6)of that subsection, a Special Victim Prosecutor (SVP), Senior Trial Counsel (STC), or Regional Trial Counsel
(RTC)not in the chain of command of the officer making the disposition determination shall— review the disposition determination; and recommend to the staff judge advocate in the chain of command whether to endorse or supersede the disposition determination. Upon completion of a review of a recommendation under paragraph (1)(B), the staff judge advocate concerned shall advise the next superior commander in the chain of command of the officer making the original disposition determination whether such disposition determination should be endorsed or superseded. After considering advice under paragraph
(2)with respect to an original disposition determination, the superior commander concerned shall— make a new disposition determination with respect to the offenses concerned; or endorse the original disposition determination for appropriate further action. The training provided to commissioned officers of the Armed Forces in grades O–6 and above on the exercise of authority pursuant to this section for determinations of the disposition of an offense specified in subsection
(b)shall include specific training on such matters in connection with sexual harassment, sexual assault, and family abuse and domestic violence as the Secretary of Defense considers appropriate to make informed disposition determinations under such authority. Nothing in this subsection shall be construed to deprive a court-martial of jurisdiction based on the level or amount of training received by the disposition authority pursuant to this section. The President shall implement the requirement of this section into the Manual for Courts-Martial in accordance with section 836 of title 10, United States Code (article 36 of the Uniform Code of Military Justice).