I 

111TH CONGRESS 

2D SESSION H. R. 5374 

To provide for the reimbursement of attorney fees incurred by a member 

of the Armed Forces who retains private counsel in response to certain 

charges brought against the member under the Uniform Code of Military 

Justice and is acquitted or has the charges dismissed or withdrawn. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2010 

Ms. GRANGER (for herself, Mr. THORNBERRY, Mr. BURTON of Indiana, Mr. 

CRENSHAW, Mr. CARTER, Mrs. MYRICK, Mr. KINGSTON, Mr. 

CULBERSON, Mr. WITTMAN, Mr. NEUGEBAUER, and Mr. OLSON) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To provide for the reimbursement of attorney fees incurred 

by a member of the Armed Forces who retains private 

counsel in response to certain charges brought against 

the member under the Uniform Code of Military Justice 

and is acquitted or has the charges dismissed or withdrawn. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A 

2 MEMBER OF THE ARMED FORCES WHO RE3 TAINS PRIVATE COUNSEL AND HAS CHARGES 

4 BROUGHT UNDER THE UNIFORM CODE OF 

5 MILITARY JUSTICE DISMISSED OR WITH6 DRAWN OR IS ACQUITTED. 

7 (a) REIMBURSEMENT REQUIRED UNDER CERTAIN

8 CIRCUMSTANCES.—Section 827 of title 10, United States 

9 Code (article 27 of the Uniform Code of Military Justice), 

10 is amended by adding at the end the following new sub11 section: 

12 ‘‘(d)(1) Nothing in this section (article) prohibits an 

13 accused from retaining private counsel to serve as defense 

14 counsel before a general court-martial or special court15 martial. 

16 ‘‘(2)(A) If the accused retains private counsel to rep17 resent the accused in a case described in subparagraph 

18 (B) and all of the charges against the accused are dis19 missed or withdrawn or the accused is acquitted on all 

20 charges (or some combination of dismissed or withdrawn 

21 charges and acquittal), the Secretary concerned shall re22 imburse the accused for all attorney fees incurred by the 

23 accused in the case. 

24 ‘‘(B) Subparagraph (A) applies with respect to a case 

25 against a person subject to this chapter who is accused 

26 of any offense in violation of this chapter under cirVerDate Mar 15 2010 06:51 May 26, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5374.IH H5374

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1 cumstances involving the treatment of an insurgent, 

2 enemy combatant, detainee, or a suspected or known ter3 rorist. 

4 ‘‘(C) The Secretary concerned shall provide reim5 bursement required under this paragraph using funds oth6 erwise available to the Secretary to carry out this chap7 ter.’’. 

8 (b) RETROACTIVE APPLICATION OF AMENDMENT.— 

9 Paragraph (2) of subsection (d) of section 827 of title 10, 

10 United States Code (article 27 of the Uniform Code of 

11 Military Justice), as added by subsection (a), applies with 

12 respect to any charges brought under the Uniform Code 

13 of Military Justice after September 11, 2001, that involve 

14 the circumstances described in subparagraph (B) of such 

15 paragraph. 

Æ 


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