These incidents have raised questions regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense. Under Article I, Section 8 of the U.S. Constitution, Congress has the power to raise and support armies; provide and maintain a navy; and provide for organizing and disciplining them. Under this authority, Congress has enacted the Uniform Code of Military Justice (UCMJ), which is the code of military criminal laws applicable to all U.S. military members worldwide. The President implemented the UCMJ through the Manual for Courts-Martial (MCM), which was initially prescribed by Executive Order 12473 (April 13, 1984). The MCM contains the Rules for Courts-Martial (RCM), the Military Rules of Evidence (MRE), and the UCMJ. Some "military offenses" have a civilian analog, but some are exclusive to the military. The Armed Forces have used Art. The seriousness of the offenses alleged generally determines the type of court-martial. Congress, in creating the military justice system, established three types of courts-martial: (1) summary court-martial, (2) special court-martial, and (3) general court-martial. There are no "hung juries" in courts-martial. Selected Legislative Proposals

Congress, exercising its constitutional authority to raise, support, and regulate the armed forces, has attempted to address the issue of sexual assaults and other sex-related offenses under the UCMJ through the introduction of various legislative proposals. The proposed language, if enacted, would prohibit the enlistment of individuals previously convicted of sexual offenses, eliminate the statute of limitations on prosecution of sexual offenses, and prohibit commanders from overturning a court-martial conviction as part of the post-trial review process. The House and Senate have included numerous provisions addressing sexual assault, including those mentioned above, in the respective versions of the National Defense Authorization Act for Fiscal Year 2014 (FY2014 NDAA). Additionally, Secretary of Defense Chuck Hagel recently announced that the Department of Defense would implement a series of new initiatives designed to address sexual assaults in the military, many of which are addressed by proposals contained in the House and Senate versions of the FY2014 NDAA. Due to the sheer number and scope of the provisions contained in the House and Senate versions of the FY2014 NDAA, this report addresses selected proposals including requiring creation of special victims' counsel programs, changes to disposition and clemency authorities, mandatory minimum punishments, commander's authority to transfer an accused, and protections for recruits and trainees. The House addresses the authority of the CA to act on the findings and sentence of a court-martial in the FY2014 NDAA.
Recent high-profile military-related cases involving sexual assaults by U.S. servicemembers have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense.
Under Article I, Section 8 of the U.S. Constitution, Congress has the power to raise and support armies; provide and maintain a navy; and provide for organizing and disciplining them. Under this authority, Congress has enacted the Uniform Code of Military Justice (UCMJ), which is the code of military criminal laws applicable to all U.S. military members worldwide. The President implemented the UCMJ through the Manual for Courts-Martial (MCM). The Manual for Courts-Martial contains the Rules for Courts-Martial (RCM), the Military Rules of Evidence (MRE), and the UCMJ. Members of the Armed Forces are subjected to rules, orders, proceedings, and consequences different from the rights and obligations of their civilian counterparts, and the UCMJ establishes this unique legal framework.
The UCMJ authorizes three types of courts-martial: (1) summary court-martial, (2) special court-martial, and (3) general court-martial. Depending on the severity of the alleged offense, the accused's commanding officer enjoys great discretion with respect to the type of court-martial to convene. Generally, each of the courts-martial provides fundamental constitutional and procedural rights to the accused, including, but not limited to, the right to a personal representative or counsel, the opportunity to confront evidence and witnesses, and the right to have a decision reviewed by a lawyer or a court of appeals.
In the 113th Congress, there have been no fewer than 10 separate bills introduced addressing the issue of sexual assault in the military. The bills have proposed various provisions that include, but are not limited to prohibiting enlistment in the armed forces of individuals previously convicted of sexual offenses, eliminating the statute of limitations on prosecution of sexual offenses under the UCMJ, and barring commanders from overturning convictions obtained at court-martial.
In recent months, Congress has included many provisions addressing sexual assault, including those mentioned above, in the House and Senate versions of the National Defense Authorization Act for Fiscal Year 2014 (FY2014 NDAA). Additionally, Secretary of Defense Chuck Hagel recently announced that the Department of Defense would implement a series of new initiatives designed to address sexual assaults in the military.
Due to the sheer breadth of the various provisions contained in the House and Senate versions of the FY2014 NDAA, this report will address selected legislative proposals including requiring special victims' counsel, changes to disposition and clemency authorities, creation of a mandatory minimum punishment, authority to transfer the accused, and protections for recruits and trainees.