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which the accused is currently assigned, may, in his or her 
sole discretion, defer the effective date of a sentence of con-
finement, reduction, or forfeiture. The deferment shall ter-
minate upon entry of judgment or, in the case of a sum-
mary court-martial, when the convening authority acts on 
the sentence. The deferment may be rescinded at any time 
by the officer who granted it or, if the accused is no longer 
under his jurisdiction, by the officer exercising general 
court-martial jurisdiction over the command to which the 
accused is currently assigned. 
‘‘(2) In any case in which a court-martial sentences 
a person referred to in paragraph (3) to confinement, the 
convening authority may defer the service of the sentence 
to confinement, without the consent of that person, until 
after the person has been permanently released to the armed 
forces by a State or foreign country referred to in that para-
graph. 
‘‘(3) Paragraph (2) applies to a person subject to this 
chapter who— 
‘‘(A) while in the custody of a State or foreign 
country is temporarily returned by that State or for-
eign country to the armed forces for trial by court- 
martial; and 
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‘‘(B) after the court-martial, is returned to that 
State or foreign country under the authority of a mu-
tual agreement or treaty, as the case may be. 
‘‘(4) In this subsection, the term ‘State’ includes the 
District of Columbia and any Commonwealth, territory, or 
possession of the United States. 
‘‘(5) In any case in which a court-martial sentences 
a person to confinement, but in which review of the case 
under section 867(a)(2) of this title (article 67(a)(2)) is 
pending, the Secretary concerned may defer further service 
of the sentence to confinement while that review is pending. 
‘‘(c) APPELLATE REVIEW.—(1) Appellate review is 
complete under this section when— 
‘‘(A) a review under section 865 of this title (ar-
ticle 65) is completed; or 
‘‘(B) a review under section 866 of this title (ar-
ticle 66) is completed by a Court of Criminal Appeals 
and— 
‘‘(i) the time for the accused to file a peti-
tion for review by the Court of Appeals for the 
Armed Forces has expired and the accused has 
not filed a timely petition for such review and 
the case is not otherwise under review by that 
Court; 
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‘‘(ii) such a petition is rejected by the Court 
of Appeals for the Armed Forces; or 
‘‘(iii) review is completed in accordance 
with the judgment of the Court of Appeals for the 
Armed Forces and— 
‘‘(I) a petition for a writ of certiorari 
is not filed within the time limits prescribed 
by the Supreme Court; 
‘‘(II) such a petition is rejected by the 
Supreme Court; or 
‘‘(III) review is otherwise completed in 
accordance with the judgment of the Su-
preme Court. 
‘‘(2) The completion of appellate review shall con-
stitute a final judgment as to the legality of the pro-
ceedings.’’. 
(b) CONFORMING AMENDMENTS.—(1) Subchapter VIII 
of chapter 47 of title 10, United States Code, is amended 
by striking section 857a (article 57a of the Uniform Code 
of Military Justice). 
(2) Subchapter IX of chapter 47 of title 10, United 
States Code, is amended by striking section 871 (article 71 
of the Uniform Code of Military Justice). 
(3) The second sentence of subsection (a)(1) of section 
858b of title 10, United States Code (article 58b of the Uni-
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form Code of Military Justice), is amended by striking ‘‘sec-
tion 857(a) of this title (article 57(a))’’ and inserting ‘‘sec-
tion 857 of this title (article 57)’’. 
SEC. 6703. SENTENCE OF REDUCTION IN ENLISTED GRADE. 
Section 858a of title 10, United States Code (article 
58a of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Unless otherwise provided 
in regulations to be prescribed by the Secretary 
concerned, a’’ and inserting ‘‘A’’; 
(B) by striking ‘‘as approved by the con-
vening authority’’ and inserting ‘‘as set forth in 
the judgment of the court-martial entered into 
the record under section 860c of this title (article 
60c)’’; and 
(C) in the matter after paragraph (3), by 
striking ‘‘of that approval’’ and inserting ‘‘on 
which the judgment is so entered’’; and 
(2) in subsection (b), by striking ‘‘disapproved, 
or, as finally approved’’ and inserting ‘‘reduced, or, 
as finally affirmed’’. 
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TITLE LXVIII—POST-TRIAL PRO-
CEDURE 
AND 
REVIEW 
OF 
COURTS-MARTIAL 
SEC. 6801. POST-TRIAL PROCESSING IN GENERAL AND SPE-
CIAL COURTS-MARTIAL. 
Section 860 of title 10, United States Code (article 60 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 860. Art. 60. Post-trial processing in general and 
special courts-martial 
‘‘(a) STATEMENT OF TRIAL RESULTS.—(1) The mili-
tary judge of a general or special court-martial shall enter 
into the record of trial a document entitled ‘Statement of 
Trial Results’, which shall set forth— 
‘‘(A) each plea and finding; 
‘‘(B) the sentence, if any; and 
‘‘(C) such other information as the President 
may prescribe by regulation. 
‘‘(2) Copies of the Statement of Trial Results shall be 
provided promptly to the convening authority, the accused, 
and any victim of the offense. 
‘‘(b) POST-TRIAL MOTIONS.—In accordance with regu-
lations prescribed by the President, the military judge in 
a general or special court-martial shall address all post- 
trial motions and other post-trial matters that— 
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‘‘(1) may affect a plea, a finding, the sentence, 
the Statement of Trial Results, the record of trial, or 
any post-trial action by the convening authority; and 
‘‘(2) are subject to resolution by the military 
judge before entry of judgment.’’. 
SEC. 6802. LIMITED AUTHORITY TO ACT ON SENTENCE IN 
SPECIFIED POST-TRIAL CIRCUMSTANCES. 
Subchapter IX of chapter 47 of title 10, United States 
Code, is amended by inserting after section 860 (article 60 
of the Uniform Code of Military Justice), as amended by 
section 6801, the following new section (article): 
‘‘§ 860a. Art. 60a. Limited authority to act on sentence 
in specified post-trial circumstances 
‘‘(a) IN GENERAL.—(1) The convening authority of a 
general or special court-martial described in paragraph 
(2)— 
‘‘(A) may act on the sentence of the court-mar-
tial only as provided in subsection (b), (c), or (d); 
and 
‘‘(B) may not act on the findings of the court- 
martial. 
‘‘(2) The courts-martial referred to in paragraph (1) 
are the following: 
‘‘(A) A general or special court-martial in which 
the maximum sentence of confinement established 
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under subsection (a) of section 856 of this title (arti-
cle 56) for any offense of which the accused is found 
guilty is more than two years. 
‘‘(B) A general or special court-martial in which 
the total of the sentences of confinement imposed, run-
ning consecutively, is more than six months. 
‘‘(C) A general or special court-martial in which 
the sentence imposed includes a dismissal, dishonor-
able discharge, or bad-conduct discharge. 
‘‘(D) A general or special court-martial in which 
the accused is found guilty of a violation of subsection 
(a) or (b) of section 920 of this title (article 120), sec-
tion 920b of this title (article 120b), or such other of-
fense as the Secretary of Defense may specify by regu-
lation. 
‘‘(3) Except as provided in subsection (d), the con-
vening authority may act under this section only before 
entry of judgment. 
‘‘(4) Under regulations prescribed by the Secretary 
concerned, a commissioned officer commanding for the time 
being, a successor in command, or any person exercising 
general court-martial jurisdiction may act under this sec-
tion in place of the convening authority. 
‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION OF 
SENTENCES GENERALLY.—(1) Except as provided in sub-
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section (c) or (d), the convening authority may not reduce, 
commute, or suspend any of the following sentences: 
‘‘(A) A sentence of confinement, if the total pe-
riod of confinement imposed for all offenses involved, 
running consecutively, is greater than six months. 
‘‘(B) A sentence of dismissal, dishonorable dis-
charge, or bad-conduct discharge. 
‘‘(C) A sentence of death. 
‘‘(2) The convening authority may reduce, commute, 
or suspend any sentence not specified in paragraph (1). 
‘‘(c) SUSPENSION OF CERTAIN SENTENCES UPON REC-
OMMENDATION
OF
MILITARY
JUDGE.—(1) Upon rec-
ommendation of the military judge, as included in the 
Statement of Trial Results, together with an explanation 
of the facts supporting the recommendation, the convening 
authority may suspend— 
‘‘(A) a sentence of confinement, in whole or in 
part; or 
‘‘(B) a sentence of dismissal, dishonorable dis-
charge, or bad-conduct discharge. 
‘‘(2) The convening authority may not, under para-
graph (1)— 
‘‘(A) suspend a mandatory minimum sentence; 
or 
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‘‘(B) suspend a sentence to an extent in excess of 
the suspension recommended by the military judge. 
‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL AS-
SISTANCE BY ACCUSED.—(1) Upon a recommendation by 
the trial counsel, if the accused, after sentencing and before 
entry of judgment, provides substantial assistance in the in-
vestigation or prosecution of another person, the convening 
authority may reduce, commute, or suspend a sentence, in 
whole or in part, including any mandatory minimum sen-
tence. 
‘‘(2) Upon a recommendation by a trial counsel, des-
ignated in accordance with rules prescribed by the Presi-
dent, if the accused, after entry of judgment, provides sub-
stantial assistance in the investigation or prosecution of an-
other person, a convening authority, designated under such 
regulations, may reduce, commute, or suspend a sentence, 
in whole or in part, including any mandatory minimum 
sentence. 
‘‘(3) In evaluating whether the accused has provided 
substantial assistance under this subsection, the convening 
authority may consider the presentence assistance of the ac-
cused. 
‘‘(e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In 
accordance with rules prescribed by the President, in deter-
mining whether to act under this section, the convening au-
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thority shall consider matters submitted in writing by the 
accused or any victim of an offense. Such rules shall in-
clude— 
‘‘(A) procedures for notice of the opportunity to 
make such submissions; 
‘‘(B) the deadlines for such submissions; and 
‘‘(C) procedures for providing the accused and 
any victim of an offense with a copy of the recording 
of any open sessions of the court-martial and copies 
of, or access to, any admitted, unsealed exhibits. 
‘‘(2) The convening authority shall not consider under 
this section any submitted matters that relate to the char-
acter of a victim unless such matters were presented as evi-
dence at trial and not excluded at trial. 
‘‘(f) DECISION OF CONVENING AUTHORITY.—(1) The 
decision of the convening authority under this section shall 
be forwarded to the military judge, with copies provided 
to the accused and to any victim of the offense. 
‘‘(2) If, under this section, the convening authority re-
duces, commutes, or suspends the sentence, the decision of 
the convening authority shall include a written explanation 
of the reasons for such action. 
‘‘(3) If, under subsection (d)(2), the convening author-
ity reduces, commutes, or suspends the sentence, the decision 
of the convening authority shall be forwarded to the chief 
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trial judge for appropriate modification of the entry of 
judgment, which shall be transmitted to the Judge Advocate 
General for appropriate action.’’. 
SEC. 6803. POST-TRIAL ACTIONS IN SUMMARY COURTS-MAR-
TIAL AND CERTAIN GENERAL AND SPECIAL 
COURTS-MARTIAL. 
Subchapter IX of chapter 47 of title 10, United States 
Code, is amended by inserting after section 860a (article 
60a of the Uniform Code of Military Justice), as amended 
by section 6802, the following new section (article): 
‘‘§ 860b. Art. 60b. Post-trial actions in summary 
courts-martial and certain general and 
special courts-martial 
‘‘(a) IN GENERAL.—(1) In a court-martial not speci-
fied in subsection (a)(2) of section 860a of this title (article 
60a), the convening authority may— 
‘‘(A) dismiss any charge or specification by set-
ting aside the finding of guilty; 
‘‘(B) change a finding of guilty to a charge or 
specification to a finding of guilty to a lesser included 
offense; 
‘‘(C) disapprove the findings and the sentence 
and dismiss the charges and specifications; 
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‘‘(D) disapprove the findings and the sentence 
and order a rehearing as to the findings and the sen-
tence; 
‘‘(E) disapprove, commute, or suspend the sen-
tence, in whole or in part; or 
‘‘(F) disapprove the sentence and order a rehear-
ing as to the sentence. 
‘‘(2) In a summary court-martial, the convening au-
thority shall approve the sentence or take other action on 
the sentence under paragraph (1). 
‘‘(3) Except as provided in paragraph (4), the con-
vening authority may act under this section only before 
entry of judgment. 
‘‘(4) The convening authority may act under this sec-
tion after entry of judgment in a general or special court- 
martial in the same manner as the convening authority 
may act under subsection (d)(2) of section 860a of this title 
(article 60a). Such action shall be forwarded to the chief 
trial judge, who shall ensure appropriate modification to 
the entry of judgment and shall transmit the entry of judg-
ment to the Judge Advocate General for appropriate action. 
‘‘(5) Under regulations prescribed by the Secretary 
concerned, a commissioned officer commanding for the time 
being, a successor in command, or any person exercising 
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general court-martial jurisdiction may act under this sec-
tion in place of the convening authority. 
‘‘(b) LIMITATIONS ON REHEARINGS.—The convening 
authority may not order a rehearing under this section— 
‘‘(1) as to the findings, if there is insufficient 
evidence in the record to support the findings; 
‘‘(2) to reconsider a finding of not guilty of any 
specification or a ruling which amounts to a finding 
of not guilty; or 
‘‘(3) to reconsider a finding of not guilty of any 
charge, unless there has been a finding of guilty under 
a specification laid under that charge, which suffi-
ciently alleges a violation of some article of this chap-
ter. 
‘‘(c) SUBMISSIONS BY ACCUSED AND VICTIM.—In ac-
cordance with rules prescribed by the President, in deter-
mining whether to act under this section, the convening au-
thority shall consider matters submitted in writing by the 
accused or any victim of the offense. Such rules shall in-
clude the matter required by subsection (e) of section 860a 
of this title (article 60a). 
‘‘(d) DECISION OF CONVENING AUTHORITY.—(1) In a 
general or special court-martial, the decision of the con-
vening authority under this section shall be forwarded to 
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the military judge, with copies provided to the accused and 
to any victim of the offense. 
‘‘(2) If the convening authority acts on the findings 
or the sentence under subsection (a)(1), the decision of the 
convening authority shall include a written explanation of 
the reasons for such action.’’. 
SEC. 6804. ENTRY OF JUDGMENT. 
Subchapter IX of chapter 47 of title 10, United States 
Code, is amended by inserting after section 860b (article 
60b of the Uniform Code of Military Justice), as added by 
section 903, the following new section (article): 
‘‘§ 860c. Art. 60c. Entry of judgment 
‘‘(a) ENTRY OF JUDGMENT OF GENERAL OR SPECIAL 
COURT-MARTIAL.—(1) In accordance with rules prescribed 
by the President, in a general or special court-martial, the 
military judge shall enter into the record of trial the judg-
ment of the court. The judgment of the court shall consist 
of the following: 
‘‘(A) The Statement of Trial Results under sec-
tion 860 of this title (article 60). 
‘‘(B) Any modifications of, or supplements to, 
the Statement of Trial Results by reason of— 
‘‘(i) any post-trial action by the convening 
authority; or 
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‘‘(ii) any ruling, order, or other determina-
tion of the military judge that affects a plea, a 
finding, or the sentence. 
‘‘(2) Under rules prescribed by the President, the judg-
ment under paragraph (1) shall be— 
‘‘(A) provided to the accused and to any victim 
of the offense; and 
‘‘(B) made available to the public. 
‘‘(b) SUMMARY
COURT-MARTIAL
JUDGMENT.—The 
findings and sentence of a summary court-martial, as 
modified by any post-trial action by the convening author-
ity under section 860b of this title (article 60b), constitutes 
the judgment of the court-martial and shall be recorded and 
distributed under rules prescribed by the President.’’. 
SEC. 6805. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL 
OF APPEAL. 
Section 861 of title 10, United States Code (article 61 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 861. Art. 61. Waiver of right to appeal; withdrawal 
of appeal 
‘‘(a) WAIVER OF RIGHT TO APPEAL.—After entry of 
judgment in a general or special court-martial, under pro-
cedures prescribed by the Secretary concerned, the accused 
may waive the right to appellate review in each case subject 
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to such review under section 866 (article 66). Such a waiver 
shall be— 
‘‘(1) signed by the accused and by defense coun-
sel; and 
‘‘(2) attached to the record of trial. 
‘‘(b) WITHDRAWAL OF APPEAL.—In a general or spe-
cial court-martial, the accused may withdraw an appeal 
at any time. 
‘‘(c) DEATH PENALTY CASE EXCEPTION.—Notwith-
standing subsections (a) and (b), an accused may not waive 
the right to appeal or withdraw an appeal with respect to 
a judgment that includes a sentence of death. 
‘‘(d) WAIVER OR WITHDRAWAL AS BAR.—A waiver or 
withdrawal under this section bars review under section 
866 of this title (article 66).’’. 
SEC. 6806. APPEAL BY THE UNITED STATES. 
Section 862 of title 10, United States Code (article 62 
of the Uniform Code of Military Justice), is amended— 
(1) in paragraph (1) of subsection (a)— 
(A) in the matter before subparagraph (A), 
by striking ‘‘court-martial’’ and all that follows 
through the colon at the end and inserting ‘‘gen-
eral or special court-martial, the United States 
may appeal the following:’’; and 
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(B) by adding at the end the following new 
subparagraph: 
‘‘(G) An order or ruling of the military 
judge entering a finding of not guilty with re-
spect to a charge or specification following the 
return of a finding of guilty by the members.’’; 
(2) in paragraph (2) of subsection (a)— 
(A) 
by 
striking 
‘‘(2)’’ 
and 
inserting 
‘‘(2)(A)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) An appeal of an order or ruling may 
not be taken when prohibited by section 844 of 
this title (article 44).’’; and 
(3) by adding at the end the following: 
‘‘(d) The United States may appeal a ruling or order 
of a military magistrate in the same manner as had the 
ruling or order been made by a military judge, except that 
the issue shall first be presented to the military judge who 
designated the military magistrate or to a military judge 
detailed to hear the issue. 
‘‘(e) The provisions of this article shall be liberally con-
strued to effect its purposes.’’. 
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SEC. 6807. REHEARINGS. 
Section 863 of title 10, United States Code (article 63 
of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’; 
(2) in the second sentence, by striking ‘‘may be 
approved’’ and inserting ‘‘may be adjudged’’; 
(3) by striking the third sentence; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(b) If the sentence adjudged by the first court-martial 
was in accordance with a plea agreement under section 
853a of this title (article 53a) and the accused at the rehear-
ing does not comply with the agreement, or if a plea of 
guilty was entered for an offense at the first court-martial 
and a plea of not guilty was entered at the rehearing, the 
sentence as to those charges or specifications may include 
any punishment not in excess of that which could have been 
adjudged at the first court-martial. 
‘‘(c) If, after appeal by the Government under section 
856(d) of this title (article 56(d)), the sentence adjudged is 
set aside and a rehearing on sentence is ordered by the 
Court of Criminal Appeals or Court of Appeals for the 
Armed Forces, the court-martial may impose any sentence 
that is in accordance with the order or ruling setting aside 
the adjudged sentence.’’. 
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SEC. 6808. JUDGE ADVOCATE REVIEW OF FINDING OF 
GUILTY IN SUMMARY COURT-MARTIAL. 
(a) IN GENERAL.—Subsection (a) of section 864 of title 
10, United States Code (article 64 of the Uniform Code of 
Military Justice), is amended by striking the first two sen-
tences and inserting the following: 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary concerned, each summary court-martial in 
which there is a finding of guilty shall be reviewed by a 
judge advocate. A judge advocate may not review a case 
under this subsection if the judge advocate has acted in the 
same case as an accuser, preliminary hearing officer, mem-
ber of the court, military judge, or counsel or has otherwise 
acted on behalf of the prosecution or defense.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) 
The heading for such section (article) is amended to read 
as follows: 
‘‘§ 864. Art. 64. Judge advocate review of finding of 
guilty in summary court-martial’’. 
(2) Subsection (b) of such section is amended— 
(A) by striking ‘‘(b) The record’’ and inserting 
‘‘RECORD.—The record’’; 
(B) by inserting ‘‘or’’ at the end of paragraph 
(1); 
(C) by striking paragraph (2); and 
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(D) by redesignating paragraph (3) as para-
graph (2). 
(3) Subsection (c)(3) of such section (article) is amend-
ed by striking ‘‘section 869(b) of this title (article 69(b)).’’ 
and inserting ‘‘section 869 of this title (article 69).’’. 
SEC. 6809. TRANSMITTAL AND REVIEW OF RECORDS. 
Section 865 of title 10, United States Code (article 65 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 865. Art. 65. Transmittal and review of records 
‘‘(a) TRANSMITTAL OF RECORDS.—(1) If the judgment 
of a general or special court-martial entered under section 
860c of this title (article 60c) includes a finding of guilty, 
the record shall be transmitted to the Judge Advocate Gen-
eral. 
‘‘(2) In all other cases, records of trial by court-martial 
and related documents shall be transmitted and disposed 
of as the Secretary concerned may prescribe by regulation. 
‘‘(b) REVIEW BY JUDGE ADVOCATE GENERAL.— 
‘‘(1) BY WHOM.—A review conducted under this 
subsection may be conducted by an attorney within 
the Office of the Judge Advocate General or another 
attorney designated under regulations prescribed by 
the Secretary concerned. 
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‘‘(2) REVIEW OF CASES NOT ELIGIBLE FOR AP-
PELLATE
REVIEW
BY
A
COURT
OF
CRIMINAL
AP-
PEALS.— 
‘‘(A) A review under subparagraph (B) 
shall be completed in each general and special 
court-martial that is not eligible for appellate re-
view under paragraph (1) or (2) of section 
866(b) of this title (article 66(b)). 
‘‘(B) A review referred to in subparagraph 
(A) shall include a written decision providing 
each of the following: 
‘‘(i) A conclusion as to whether the 
court had jurisdiction over the accused and 
the offense. 
‘‘(ii) A conclusion as to whether the 
charge and specification stated an offense. 
‘‘(iii) A conclusion as to whether the 
sentence was within the limits prescribed as 
a matter of law. 
‘‘(iv) A response to each allegation of 
error made in writing by the accused. 
‘‘(3) REVIEW WHEN APPELLATE REVIEW BY A 
COURT OF CRIMINAL APPEALS IS WAIVED OR WITH-
DRAWN.— 
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‘‘(A) A review under subparagraph (B) 
shall be completed in each general and special 
court-martial if the accused waives the right to 
appellate review or withdraws appeal under sec-
tion 861 of this title (article 61). 
‘‘(B) A review referred to in subparagraph 
(A) shall include a written decision limited to 
providing conclusions on the matters specified in 
clauses (i), (ii), and (iii) of paragraph (2)(B). 
‘‘(c) REMEDY.—(1) If after a review of a record under 
subsection (b), the attorney conducting the review believes 
corrective action may be required, the record shall be for-
warded to the Judge Advocate General, who may set aside 
the findings or sentence, in whole or in part. 
‘‘(2) In setting aside findings or sentence, the Judge 
Advocate General may order a rehearing, except that a re-
hearing may not be ordered in violation of section 844 of 
this title (article 44). 
‘‘(3)(A) If the Judge Advocate General sets aside find-
ings and sentence and does not order a rehearing, the Judge 
Advocate General shall dismiss the charges. 
‘‘(B) If the Judge Advocate General sets aside findings 
and orders a rehearing and the convening authority deter-
mines that a rehearing would be impractical, the convening 
authority shall dismiss the charges.’’. 
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SEC. 6810. COURTS OF CRIMINAL APPEALS. 
(a) APPELLATE MILITARY JUDGES.—Subsection (a) of 
section 866 of chapter 47 of title 10, United States Code 
(article 66 of the Uniform Code of Military Justice), is 
amended— 
(1) in the second sentence, by striking ‘‘sub-
section (f)’’ and inserting ‘‘subsection (g)’’; 
(2) in the fourth sentence, by inserting after 
‘‘highest court of a State’’ the following: ‘‘and must 
be certified by the Judge Advocate General as quali-
fied, by reason of education, training, experience, and 
judicial temperament, for duty as an appellate mili-
tary judge’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘In accordance with regulations prescribed by 
the President, assignments of appellate military 
judges under this section (article) shall be for appro-
priate minimum periods, subject to such exceptions as 
may be authorized in the regulations.’’. 
(b) REVISION
OF APPELLATE PROCEDURES.—Such 
section (article) is further amended— 
(1) by redesignating subsections (e), (f), (g), and 
(h) as subsections (f), (g), (h), and (i), respectively; 
and 
(2) by striking subsections (b), (c), and (d) and 
inserting the following new subsections: 
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‘‘(b) REVIEW.—(1) The Judge Advocate General shall 
refer to a Court of Criminal Appeals the record in any of 
the following cases of trial by court-martial: 
‘‘(A) A case in which the judgment entered into 
the record under section 860c of this title (article 60c) 
includes a sentence of death, dismissal of a commis-
sioned officer, cadet, or midshipman, dishonorable or 
bad-conduct discharge, or confinement for more than 
six months. 
‘‘(B) A case in which the Government previously 
filed an appeal under sections 856(d) or 862 of this 
title (articles 56(d) or 62). 
‘‘(C) A case in which the right to appellate re-
view has not been waived or an appeal has not been 
withdrawn under section 861 of this title (article 61), 
except in the case of a sentence extending to death. 
‘‘(2) A Court of Criminal Appeals shall have jurisdic-
tion to review the judgment of a court-martial, entered into 
the record under section 860c of this title (article 60c), in 
a case in which the accused filed an application for review 
with the Court under section 869(d)(1)(B) of this title (arti-
cle 69(d)(1)(B)) and the application has been granted by 
the Court. 
‘‘(c) DUTIES.—(1) In a case referred to it, the Court 
of Criminal Appeals may act only with respect to the find-
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ings and sentence as entered into the record under section 
860c of this title (article 60c). It may affirm only such find-
ings of guilty, and the sentence or such part or amount 
of the sentence, as it finds correct in law and fact and deter-
mines, on the basis of the entire record, should be approved. 
In considering the record, it may weigh the evidence, judge 
the credibility of witnesses, and determine controverted 
questions of fact, recognizing that the trial court saw and 
heard the witnesses. 
‘‘(2) In any case before the Court of Criminal Appeals 
under paragraph (1) or (2) of subsection (b), the Court may 
provide appropriate relief if the accused demonstrates error 
or excessive delay in the processing of the court-martial 
after the judgment was entered into the record under section 
860c of this title (article 60c). 
‘‘(3) In review of a sentence to death or to life in prison 
without eligibility for parole determined by the members 
in a capital case under section 853 of this title (article 53), 
the Court of Criminal Appeals must consider whether the 
sentence is otherwise appropriate, under rules prescribed by 
the President. 
‘‘(4) If the Court of Criminal Appeals sets aside the 
findings and sentence, it may, except where the setting aside 
is based on lack of sufficient evidence in the record to sup-
port the findings, order a rehearing. If it sets aside the find-
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ings and sentence and does not order a rehearing, it shall 
order that the charges be dismissed. 
‘‘(d) CONSIDERATION OF APPEAL OF SENTENCE BY 
THE UNITED STATES.—(1) In considering a sentence on 
appeal, other than as provided in section 856(d) of this title 
(article 56(d)), the Court of Criminal Appeals may con-
sider— 
‘‘(A) whether the sentence violates the law; and 
‘‘(B) whether the sentence is plainly unreason-
able. 
‘‘(2) In an appeal under section 856(d) of this title 
(article 56(d)), the record on appeal shall consist of— 
‘‘(A) any portion of the record in the case that 
is designated as pertinent by either of the parties; 
‘‘(B) the information submitted during the sen-
tencing proceeding; and 
‘‘(C) any information required by rule or order 
of the Court of Criminal Appeals. 
‘‘(e) LIMITS OF AUTHORITY.—(1)(A) If the Court of 
Criminal Appeals sets aside the findings, the Court— 
‘‘(i) may affirm any lesser included offense; 
and 
‘‘(ii) may, except when prohibited by sec-
tion 844 of this title (article 44), order a rehear-
ing. 
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‘‘(B) If the Court of Criminal Appeals orders a rehear-
ing on a charge and the convening authority finds a rehear-
ing impracticable, the convening authority may dismiss the 
charge. 
‘‘(C) If the Court of Criminal Appeals sets aside the 
findings and does not order a rehearing, the Court shall 
order that the charges be dismissed. 
‘‘(2) If the Court of Criminal Appeals sets aside the 
sentence, the Court may— 
‘‘(A) modify the sentence to a lesser sentence; or 
‘‘(B) order a rehearing. 
‘‘(3) If the Court determines that additional pro-
ceedings are warranted, the Court may order a hearing as 
may be necessary to address a substantial issue, subject to 
such limitations as the Court may direct and under such 
regulations as the President may prescribe.’’. 
(c) ACTION WHEN REHEARING IMPRACTICABLE AFTER 
REHEARING ORDER.—Subsection (f) of such section (arti-
cle), as redesignated by subsection (b)(1), is amended— 
(1) in the first sentence, by striking ‘‘convening 
authority’’ and inserting ‘‘appropriate authority’’; 
and 
(2) by striking the last sentence. 
(d) ELIGIBILITY
TO REVIEW
THE RECORD.—Sub-
section (i) of such section (article), as redesignated by sub-
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section (b)(1), is amended by striking ‘‘an investigating of-
ficer’’ and inserting ‘‘an investigating or a preliminary 
hearing officer’’. 
(e) SECTION HEADING.—The heading for such section 
(article) is amended to read as follows: 
‘‘§ 866. Art. 66. Courts of Criminal Appeals’’. 
SEC. 6811. REVIEW BY COURT OF APPEALS FOR THE ARMED 
FORCES. 
(a) JAG NOTIFICATION.—Subsection (a)(2) of section 
867 of title 10, United States Code (article 67 of the Uni-
form Code of Military Justice), is amended by inserting 
after ‘‘the Judge Advocate General’’ the following: ‘‘, after 
appropriate notification to the other Judge Advocates Gen-
eral and to the Staff Judge Advocate to the Commandant 
of the Marine Corps,’’. 
(b) BASIS FOR REVIEW.—Subsection (c) of such section 
(article) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(2) by designating the second sentence as para-
graph (2); 
(3) by designating the third sentence as para-
graph (3); 
(4) by designating the fourth sentence as para-
graph (4); and 
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(5) in paragraph (1), as designated by para-
graph (1) of this subsection, by striking ‘‘only with 
respect to’’ and all that follows through the end of the 
sentence and inserting the following: 
‘‘(1) ‘‘only with respect to— 
‘‘(A) the findings and sentence set forth in 
the entry of judgment, as affirmed or set aside 
as incorrect in law by the Court of Criminal Ap-
peals; or 
‘‘(B) a decision, judgment, or order by a 
military judge, as affirmed or set aside as incor-
rect in law by the Court of Criminal Appeals.’’. 
SEC. 6812. SUPREME COURT REVIEW. 
The second sentence of subsection (a) of section 867a 
of title 10, United States Code (article 67a of the Uniform 
Code of Military Justice), is amended by inserting before 
‘‘Court of Appeals’’ the following: ‘‘United States’’. 
SEC. 6813. REVIEW BY JUDGE ADVOCATE GENERAL. 
Section 869 of title 10, United States Code (article 69 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 869. Art. 69. Review by Judge Advocate General 
‘‘(a) IN GENERAL.—Upon application by the accused 
and subject to subsections (b), (c), and (d), the Judge Advo-
cate General may modify or set aside, in whole or in part, 
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the findings and sentence in a court-martial that is not 
reviewed under section 866 of this title (article 66). 
‘‘(b) TIMING.—To qualify for consideration, an appli-
cation under subsection (a) must be submitted to the Judge 
Advocate General not later than one year after the date of 
completion of review under section 864 or 865 of this title 
(article 64 or 65), as the case may be. The Judge Advocate 
General may, for good cause shown, extend the period for 
submission of an application, but may not consider an ap-
plication submitted more than three years after such com-
pletion date. 
‘‘(c) SCOPE.—(1)(A) In a case reviewed under section 
864 or section 865(b) of this title (article 64 or 65(b)), the 
Judge Advocate General may set aside the findings or sen-
tence, in whole or in part on the grounds of newly discov-
ered evidence, fraud on the court, lack of jurisdiction over 
the accused or the offense, error prejudicial to the substan-
tial rights of the accused, or the appropriateness of the sen-
tence. 
‘‘(B) In setting aside findings or sentence, the Judge 
Advocate General may order a rehearing, except that a re-
hearing may not be ordered in violation of section 844 of 
this title (Article 44). 
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‘‘(C) If the Judge Advocate General sets aside findings 
and sentence and does not order a rehearing, the Judge Ad-
vocate General shall dismiss the charges. 
‘‘(D) If the Judge Advocate General sets aside findings 
and orders a rehearing and the convening authority deter-
mines that a rehearing would be impractical, the convening 
authority shall dismiss the charges. 
‘‘(2) In a case reviewed under section 865(b) of this 
title (article 65(b)), review under this section is limited to 
the issue of whether the waiver or withdrawal of an appeal 
was invalid under the law. If the Judge Advocate General 
determines that the waiver or withdrawal of an appeal was 
invalid, the Judge Advocate General shall order appropriate 
corrective action under rules prescribed by the President. 
‘‘(d) COURT OF CRIMINAL APPEALS.—(1) A Court of 
Criminal Appeals may review the action taken by the Judge 
Advocate General under subsection (c)— 
‘‘(A) in a case sent to the Court of Criminal Ap-
peals by order of the Judge Advocate General; or 
‘‘(B) in a case submitted to the Court of Crimi-
nal Appeals by the accused in an application for re-
view. 
‘‘(2) The Court of Criminal Appeals may grant an ap-
plication under paragraph (1)(B) only if— 
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‘‘(A) the application demonstrates a substantial 
basis for concluding that the action on review under 
subsection (c) constituted prejudicial error; and 
‘‘(B) the application is filed not later than the 
earlier of— 
‘‘(i) 60 days after the date on which the ac-
cused is notified of the decision of the Judge Ad-
vocate General; or 
‘‘(ii) 60 days after the date on which a copy 
of the decision of the Judge Advocate General is 
deposited in the United States mails for delivery 
by first-class certified mail to the accused at an 
address provided by the accused or, if no such 
address has been provided by the accused, at the 
latest address listed for the accused in his official 
service record. 
‘‘(3) The submission of an application for review 
under this subsection does not constitute a proceeding before 
the Court of Criminal Appeals for purposes of section 
870(c)(1) of this title (article 70(c)(1)). 
‘‘(e) Notwithstanding section 866 of this title (article 
66), in any case reviewed by a Court of Criminal Appeals 
under subsection (d), the Court may take action only with 
respect to matters of law.’’. 
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SEC. 6814. APPELLATE DEFENSE COUNSEL IN DEATH PEN-
ALTY CASES. 
Section 870 of title 10, United States Code (article 70 
of the Uniform Code of Military Justice), is amended by 
adding at the end the following new subsection: 
‘‘(f) To the greatest extent practicable, in any capital 
case, at least one defense counsel under subsection (c) shall, 
as determined by the Judge Advocate General, be learned 
in the law applicable to such cases. If necessary, this counsel 
may be a civilian and, if so, may be compensated in accord-
ance with regulations prescribed by the Secretary of De-
fense.’’. 
SEC. 6815. AUTHORITY FOR HEARING ON VACATION OF SUS-
PENSION OF SENTENCE TO BE CONDUCTED 
BY QUALIFIED JUDGE ADVOCATE. 
(a) IN GENERAL.—Subsection (a) of section 872 of title 
10, United States Code (article 72) of the Uniform Code 
of Military Justice), is amended by inserting after the first 
sentence the following new sentence: ‘‘The special court-mar-
tial convening authority may detail a judge advocate, who 
is certified under section 827(b) of this title (article 27(b)), 
to conduct the hearing.’’. 
(b) TECHNICAL AMENDMENTS.—Such section (article) 
is further amended— 
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(1) in the last sentence of subsection (a), by 
striking ‘‘if he so desires’’ and inserting ‘‘if the proba-
tioner so desires’’; and 
(2) in the second sentence of subsection (b)— 
(A) by striking ‘‘If he’’ and inserting ‘‘If the 
officer exercising general court-martial jurisdic-
tion’’; and 
(B) by striking ‘‘section 871(c) of this title 
(article 71(c)).’’ and inserting ‘‘section 857 of 
this title (article 57)).’’. 
SEC. 6816. EXTENSION OF TIME FOR PETITION FOR NEW 
TRIAL. 
The first sentence of section 873 of title 10, United 
States Code (article 73 of the Uniform Code of Military Jus-
tice), is amended by striking ‘‘two years after approval by 
the convening authority of a court-martial sentence,’’ and 
inserting ‘‘three years after the date of the entry of judgment 
under section 860c of this title (article 60c),’’. 
SEC. 6817. RESTORATION. 
Section 875 of title 10, United States Code (article 75 
of the Uniform Code of Military Justice), is amended by 
adding at the end the following new subsection: 
‘‘(d) The President shall prescribe regulations, with 
such limitations as the President considers appropriate, 
governing eligibility for pay and allowances for the period 
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after the date on which an executed part of a court-martial 
sentence is set aside.’’. 
SEC. 6818. LEAVE REQUIREMENTS PENDING REVIEW OF 
CERTAIN COURT-MARTIAL CONVICTIONS. 
Section 876a of title 10, United States Code (article 
76a of the Uniform Code of Military Justice), is amended— 
(1) in the first sentence, by striking ‘‘, as ap-
proved under section 860 of this title (article 60),’’; 
and 
(2) in the second sentence, by striking ‘‘on which 
the sentence is approved under section 860 of this title 
(article 60)’’ and inserting ‘‘of the entry of judgment 
under section 860c of this title (article 60c)’’. 
TITLE LXIX—PUNITIVE 
ARTICLES 
SEC. 6901. REORGANIZATION OF PUNITIVE ARTICLES. 
Sections of subchapter X of chapter 47 of title 10, 
United States Code (articles of the Uniform Code of Mili-
tary Justice), are transferred within subchapter X and re-
designated as follows: 
(1) ENLISTMENT
AND
SEPARATION.—Sections 
883 and 884 (articles 83 and 84) are transferred so 
as to appear (in that order) after section 904 (article 
104) and are redesignated as sections 904a and 904b 
(articles 104a and 104b), respectively. 
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(2) RESISTANCE, FLIGHT, BREACH OF ARREST, 
AND ESCAPE.—Section 895 (article 95) is transferred 
so as to appear after section 887 (article 87) and is 
redesignated as section 887a (article 87a). 
(3) 
NONCOMPLIANCE
WITH
PROCEDURAL 
RULES.—Section 898 (article 98) is transferred so as 
to appear after section 931 (article 131) and is redes-
ignated as section 931f (article 131f). 
(4) CAPTURED OR ABANDONED PROPERTY.—Sec-
tion 903 (article 103) is transferred so as to appear 
after section 908 (article 108) and is redesignated as 
section 908a (article 108a). 
(5) AIDING THE ENEMY.—Section 904 (article 
104) is redesignated as section 903b (article 103b). 
(6) MISCONDUCT
AS
PRISONER.—Section 905 
(article 105) is transferred so as to appear after sec-
tion 897 (article 97) and is redesignated as section 
898 (article 98). 
(7) SPIES; ESPIONAGE.—Sections 906 and 906a 
(articles 106 and 106a) are transferred so as to ap-
pear (in that order) after section 902 (article 102) 
and are redesignated as sections 903 and 903a (arti-
cles 103 and 103a), respectively. 
(8) MISBEHAVIOR
OF
SENTINEL.—Section 913 
(article 113) is transferred so as to appear after sec-
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tion 894 (article 94) and is redesignated as section 
895 (article 95). 
(9) DRUNKEN OR RECKLESS OPERATION OF A 
VEHICLE, AIRCRAFT, OR VESSEL.—Section 911 (arti-
cle 111) is transferred so as to appear after section 
912a (article 912a) and is redesignated as section 913 
(article 113). 
(10) HOUSEBREAKING.—Section 930 (article 
130) is redesignated as section 929a (article 129a). 
(11) STALKING.—Section 920a (article 120a) is 
transferred so as to appear after section 929a (article 
129a), as redesignated by paragraph (10), and is re-
designated as section 930 (article 130). 
(12) FORGERY.—Section 923 (article 123) is 
transferred so as to appear after section 904b (article 
104b), as transferred and redesignated by paragraph 
(1), and is redesignated as section 905 (article 105). 
(13) MAIMING.—Section 924 (article 124) is 
transferred so as to appear after section 928 (article 
128) and is redesignated as section 928a (article 
128a). 
(14) FRAUDS AGAINST THE UNITED STATES.— 
Section 932 of (article 132) is transferred so as to ap-
pear after section 923a (article 123a) and is redesig-
nated as section 924 (article 124). 
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SEC. 6902. CONVICTION OF OFFENSE CHARGED, LESSER IN-
CLUDED OFFENSES, AND ATTEMPTS. 
Section 879 of title 10, United States Code (article 79 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 879. Art. 79. Conviction of offense charged, lesser 
included offenses, and attempts 
‘‘(a) IN GENERAL.—An accused may be found guilty 
of any of the following: 
‘‘(1) The offense charged. 
‘‘(2) A lesser included offense. 
‘‘(3) An attempt to commit the offense charged. 
‘‘(4) An attempt to commit a lesser included of-
fense, if the attempt is an offense in its own right. 
‘‘(b) DEFINITION.—In this section (article), the term 
‘lesser included offense’ means— 
‘‘(1) an offense that is necessarily included in the 
offense charged; and 
‘‘(2) any lesser included offense so designated by 
regulation prescribed by the President. 
‘‘(c) REGULATORY AUTHORITY.—Any designation of a 
lesser included offense in a regulation referred to in sub-
section (b) shall be reasonably included in the greater of-
fense.’’. 
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SEC. 6903. SOLICITING COMMISSION OF OFFENSES. 
Section 882 of title 10, United States Code (article 82 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 882. Art. 82. Soliciting commission of offenses 
‘‘(a) SOLICITING COMMISSION
OF OFFENSES GEN-
ERALLY.—Any person subject to this chapter who solicits 
or advises another to commit an offense under this chapter 
(other than an offense specified in subsection (b)) shall be 
punished as a court-martial may direct. 
‘‘(b) SOLICITING DESERTION, MUTINY, SEDITION, OR 
MISBEHAVIOR BEFORE THE ENEMY.—Any person subject 
to this chapter who solicits or advises another to violate sec-
tion 885 of this title (article 85), section 894 of this title 
(article 94), or section 899 of this title (article 99)— 
‘‘(1) if the offense solicited or advised is at-
tempted or is committed, shall be punished with the 
punishment provided for the commission of the of-
fense; and 
‘‘(2) if the offense solicited or advised is not at-
tempted or committed, shall be punished as a court- 
martial may direct.’’. 
SEC. 6904. MALINGERING. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 882 (article 82 
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of the Uniform Code of Military Justice), as amended by 
section 6903, the following new section (article): 
‘‘§ 883. Art. 83. Malingering 
‘‘Any person subject to this chapter who, with the in-
tent to avoid work, duty, or service— 
‘‘(1) feigns illness, physical disablement, mental 
lapse, or mental derangement; or 
‘‘(2) intentionally inflicts self-injury; 
shall be punished as a court-martial may direct.’’. 
SEC. 6905. BREACH OF MEDICAL QUARANTINE. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 883 (article 83 
of the Uniform Code of Military Justice), as added by sec-
tion 6904, the following new section (article): 
‘‘§ 884. Art. 84. Breach of medical quarantine 
‘‘Any person subject to this chapter— 
‘‘(1) who is ordered into medical quarantine by 
a person authorized to issue such order; and 
‘‘(2) who, with knowledge of the quarantine and 
the limits of the quarantine, goes beyond those limits 
before being released from the quarantine by proper 
authority; 
shall be punished as a court-martial may direct.’’. 
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SEC. 6906. MISSING MOVEMENT; JUMPING FROM VESSEL. 
Section 887 of title 10, United States Code (article 87 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 887. Art. 87. Missing movement; jumping from ves-
sel 
‘‘(a) MISSING MOVEMENT.—Any person subject to this 
chapter who, through neglect or design, misses the movement 
of a ship, aircraft, or unit with which the person is required 
in the course of duty to move shall be punished as a court- 
martial may direct. 
‘‘(b) JUMPING FROM VESSEL INTO THE WATER.—Any 
person subject to this chapter who wrongfully and inten-
tionally jumps into the water from a vessel in use by the 
armed forces shall be punished as a court-martial may di-
rect.’’. 
SEC. 6907. OFFENSES AGAINST CORRECTIONAL CUSTODY 
AND RESTRICTION. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 887a (article 
87a of the Uniform Code of Military Justice), as transferred 
and redesignated by section 6901(2), the following new sec-
tion (article): 
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‘‘§ 887b. Art. 87b. Offenses against correctional cus-
tody and restriction 
‘‘(a) ESCAPE FROM CORRECTIONAL CUSTODY.—Any 
person subject to this chapter— 
‘‘(1) who is placed in correctional custody by a 
person authorized to do so; 
‘‘(2) who, while in correctional custody, is under 
physical restraint; and 
‘‘(3) who escapes from the physical restraint be-
fore being released from the physical restraint by 
proper authority; 
shall be punished as a court-martial may direct. 
‘‘(b) BREACH OF CORRECTIONAL CUSTODY.—Any per-
son subject to this chapter— 
‘‘(1) who is placed in correctional custody by a 
person authorized to do so; 
‘‘(2) who, while in correctional custody, is under 
restraint other than physical restraint; and 
‘‘(3) who goes beyond the limits of the restraint 
before being released from the correctional custody or 
relieved of the restraint by proper authority; 
shall be punished as a court-martial may direct. 
‘‘(c) BREACH OF RESTRICTION.—Any person subject 
to this chapter— 
‘‘(1) who is ordered to be restricted to certain 
limits by a person authorized to do so; and 
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‘‘(2) who, with knowledge of the limits of the re-
striction, goes beyond those limits before being re-
leased by proper authority; 
shall be punished as a court-martial may direct.’’. 
SEC. 6908. DISRESPECT TOWARD SUPERIOR COMMISSIONED 
OFFICER; ASSAULT OF SUPERIOR COMMIS-
SIONED OFFICER. 
Section 889 of title 10, United States Code (article 89 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 889. Art. 89. Disrespect toward superior commis-
sioned officer; assault of superior commis-
sioned officer 
‘‘(a) DISRESPECT.—Any person subject to this chapter 
who behaves with disrespect toward that person’s superior 
commissioned officer shall be punished as a court-martial 
may direct. 
‘‘(b) ASSAULT.—Any person subject to this chapter 
who strikes that person’s superior commissioned officer or 
draws or lifts up any weapon or offers any violence against 
that officer while the officer is in the execution of the offi-
cer’s office shall be punished— 
‘‘(1) if the offense is committed in time of war, 
by death or such other punishment as a court-martial 
may direct; and 
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‘‘(2) if the offense is committed at any other 
time, by such punishment, other than death, as a 
court-martial may direct.’’. 
SEC. 6909. WILLFULLY DISOBEYING SUPERIOR COMMIS-
SIONED OFFICER. 
Section 890 of title 10, United States Code (article 90 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 890. Art. 90. Willfully disobeying superior commis-
sioned officer 
‘‘Any person subject to this chapter who willfully dis-
obeys a lawful command of that person’s superior commis-
sioned officer shall be punished— 
‘‘(1) if the offense is committed in time of war, 
by death or such other punishment as a court-martial 
may direct; and 
‘‘(2) if the offense is committed at any other 
time, by such punishment, other than death, as a 
court-martial may direct.’’. 
SEC. 6910. PROHIBITED ACTIVITIES WITH MILITARY RE-
CRUIT OR TRAINEE BY PERSON IN POSITION 
OF SPECIAL TRUST. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 893 (article 93 
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shall be punished as a court-martial may direct. 
‘‘(c) CONSENT.—Consent is not a defense for any con-
duct at issue in a prosecution under this section (article). 
‘‘(d) DEFINITIONS.—In this section (article): 
‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER OF 
THE ARMED FORCES.—The term ‘specially protected 
junior member of the armed forces’ means— 
‘‘(A) a member of the armed forces who is 
assigned to, or is awaiting assignment to, basic 
training or other initial active duty for training, 
including a member who is enlisted under a de-
layed entry program; 
‘‘(B) a member of the armed forces who is 
a cadet, a midshipman, an officer candidate, or 
a student in any other officer qualification pro-
gram; and 
‘‘(C) a member of the armed forces in any 
program that, by regulation prescribed by the 
Secretary concerned, is identified as a training 
program for initial career qualification. 
‘‘(2) TRAINING
LEADERSHIP
POSITION.—The 
term ‘training leadership position’ means, with re-
spect to a specially protected junior member of the 
armed forces, any of the following: 
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‘‘(A) Any drill instructor position or other 
leadership position in a basic training program, 
an officer candidate school, a reserve officers’ 
training corps unit, a training program for 
entry into the armed forces, or any program 
that, by regulation prescribed by the Secretary 
concerned, is identified as a training program 
for initial career qualification. 
‘‘(B) Faculty and staff of the United States 
Military Academy, the United States Naval 
Academy, the United States Air Force Academy, 
and the United States Coast Guard Academy. 
‘‘(3) APPLICANT FOR MILITARY SERVICE.—The 
term ‘applicant for military service’ means a person 
who, under regulations prescribed by the Secretary 
concerned, is an applicant for original enlistment or 
appointment in the armed forces. 
‘‘(4) MILITARY RECRUITER.—The term ‘military 
recruiter’ means a person who, under regulations pre-
scribed by the Secretary concerned, has the primary 
duty to recruit persons for military service. 
‘‘(5) PROHIBITED SEXUAL ACTIVITY.—The term 
‘prohibited sexual activity’ means, as specified in reg-
ulations prescribed by the Secretary concerned, inap-
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propriate physical intimacy under circumstances de-
scribed in such regulations.’’. 
SEC. 6911. OFFENSES BY SENTINEL OR LOOKOUT. 
Section 895 of title 10, United States Code (article 95 
of the Uniform Code of Military Justice), as transferred and 
redesignated by section 6901(8), is amended to read as fol-
lows: 
‘‘§ 895. Art. 95. Offenses by sentinel or lookout 
‘‘(a) DRUNK OR SLEEPING ON POST, OR LEAVING 
POST BEFORE BEING RELIEVED.—Any sentinel or lookout 
who is drunk on post, who sleeps on post, or who leaves 
post before being regularly relieved, shall be punished— 
‘‘(1) if the offense is committed in time of war, 
by death or such other punishment as a court-martial 
may direct; and 
‘‘(2) if the offense is committed other than in 
time of war, by such punishment, other than death, 
as a court-martial may direct. 
‘‘(b) LOITERING
OR
WRONGFULLY
SITTING
ON 
POST.—Any sentinel or lookout who loiters or wrongfully 
sits down on post shall be punished as a court-martial may 
direct.’’. 
SEC. 6912. DISRESPECT TOWARD SENTINEL OR LOOKOUT. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 895 (article 95 
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of the Uniform Code of Military Justice), as amended by 
section 6911, the following new section (article): 
‘‘§ 895a. Art. 95a. Disrespect toward sentinel or look-
out 
‘‘(a) DISRESPECTFUL LANGUAGE TOWARD SENTINEL 
OR LOOKOUT.—Any person subject to this chapter who, 
knowing that another person is a sentinel or lookout, uses 
wrongful and disrespectful language that is directed toward 
and within the hearing of the sentinel or lookout, who is 
in the execution of duties as a sentinel or lookout, shall be 
punished as a court-martial may direct. 
‘‘(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL 
OR LOOKOUT.—Any person subject to this chapter who, 
knowing that another person is a sentinel or lookout, be-
haves in a wrongful and disrespectful manner that is di-
rected toward and within the sight of the sentinel or lookout, 
who is in the execution of duties as a sentinel or lookout, 
shall be punished as a court-martial may direct.’’. 
SEC. 6913. RELEASE OF PRISONER WITHOUT AUTHORITY; 
DRINKING WITH PRISONER. 
Section 896 of title 10, United States Code (article 96 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
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‘‘§ 896. Art. 96. Release of prisoner without authority; 
drinking with prisoner 
‘‘(a) RELEASE OF PRISONER WITHOUT AUTHORITY.— 
Any person subject to this chapter— 
‘‘(1) who, without authority to do so, releases a 
prisoner; or 
‘‘(2) who, through neglect or design, allows a 
prisoner to escape; 
shall be punished as a court-martial may direct, whether 
or not the prisoner was committed in strict compliance with 
the law. 
‘‘(b) DRINKING WITH PRISONER.—Any person subject 
to this chapter who unlawfully drinks any alcoholic bev-
erage with a prisoner shall be punished as a court-martial 
may direct.’’. 
SEC. 6914. PENALTY FOR ACTING AS A SPY. 
Section 903 of title 10, United States Code (article 103 
of the Uniform Code of Military Justice), as transferred and 
redesignated by section 6901(7), is amended by inserting 
before the period at the end of the first sentence the fol-
lowing: ‘‘or such other punishment as a court-martial or 
a military commission may direct’’. 
SEC. 6915. PUBLIC RECORDS OFFENSES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 903b (article 
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103b of the Uniform Code of Military Justice), as redesig-
nated by section 6901(5), the following new section (article): 
‘‘§ 904. Art. 104. Public records offenses 
‘‘Any person subject to this chapter who, willfully and 
unlawfully— 
‘‘(1) alters, conceals, removes, mutilates, obliter-
ates, or destroys a public record; or 
‘‘(2) takes a public record with the intent to 
alter, conceal, remove, mutilate, obliterate, or destroy 
the public record; 
shall be punished as a court-martial may direct.’’. 
SEC. 6916. FALSE OR UNAUTHORIZED PASS OFFENSES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 905 (article 105 
of the Uniform Code of Military Justice), as transferred and 
redesignated by section 6901(12), the following new section 
(article): 
‘‘§ 905a. Art. 105a. False or unauthorized pass offenses 
‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any per-
son subject to this chapter who, wrongfully and falsely, 
makes, alters, counterfeits, or tampers with a military or 
official pass, permit, discharge certificate, or identification 
card shall be punished as a court-martial may direct. 
‘‘(b) WRONGFUL SALE, ETC.—Any person subject to 
this chapter who wrongfully sells, gives, lends, or disposes 
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of a false or unauthorized military or official pass, permit, 
discharge certificate, or identification card, knowing that 
the pass, permit, discharge certificate, or identification card 
is false or unauthorized, shall be punished as a court-mar-
tial may direct. 
‘‘(c) WRONGFUL USE OR POSSESSION.—Any person 
subject to this chapter who wrongfully uses or possesses a 
false or unauthorized military or official pass, permit, dis-
charge certificate, or identification card, knowing that the 
pass, permit, discharge certificate, or identification card is 
false or unauthorized, shall be punished as a court-martial 
may direct.’’. 
SEC. 6917. IMPERSONATION OFFENSES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 905a (article 
105a of the Uniform Code of Military Justice), as added 
by section 6916, the following new section (article): 
‘‘§ 906. Art. 106. Impersonation of officer, noncommis-
sioned or petty officer, or agent or official 
‘‘(a) IN GENERAL.—Any person subject to this chapter 
who, wrongfully and willfully, impersonates— 
‘‘(1) an officer, a noncommissioned officer, or a 
petty officer; 
‘‘(2) an agent of superior authority of one of the 
armed forces; or 
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‘‘(3) an official of a government; 
shall be punished as a court-martial may direct. 
‘‘(b) IMPERSONATION WITH INTENT TO DEFRAUD.— 
Any person subject to this chapter who, wrongfully, will-
fully, and with intent to defraud, impersonates any person 
referred to in paragraph (1), (2), or (3) of subsection (a) 
shall be punished as a court-martial may direct. 
‘‘(c) IMPERSONATION
OF
GOVERNMENT
OFFICIAL 
WITHOUT INTENT TO DEFRAUD.—Any person subject to 
this chapter who, wrongfully, willfully, and without intent 
to defraud, impersonates an official of a government by 
committing an act that exercises or asserts the authority 
of the office that the person claims to have shall be punished 
as a court-martial may direct.’’. 
SEC. 6918. INSIGNIA OFFENSES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 906 (article 106 
of the Uniform Code of Military Justice), as added by sec-
tion 6917, the following new section (article): 
‘‘§ 906a. Art. 106a. Wearing unauthorized insignia, 
decoration, badge, ribbon, device, or lapel 
button 
‘‘Any person subject to this chapter— 
‘‘(1) who is not authorized to wear an insignia, 
decoration, badge, ribbon, device, or lapel button; and 
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‘‘(2) who wrongfully wears such insignia, decora-
tion, badge, ribbon, device, or lapel button upon the 
person’s uniform or civilian clothing; 
shall be punished as a court-martial may direct.’’. 
SEC. 6919. FALSE OFFICIAL STATEMENTS; FALSE SWEAR-
ING. 
Section 907 of title 10, United States Code (article 107 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 907. Art. 107. False official statements; false swear-
ing 
‘‘(a) FALSE OFFICIAL STATEMENTS.—Any person sub-
ject to this chapter who, with intent to deceive— 
‘‘(1) signs any false record, return, regulation, 
order, or other official document, knowing it to be 
false; or 
‘‘(2) makes any other false official statement 
knowing it to be false; 
shall be punished as a court-martial may direct. 
‘‘(b) FALSE SWEARING.—Any person subject to this 
chapter— 
‘‘(1) who takes an oath that— 
‘‘(A) is administered in a matter in which 
such oath is required or authorized by law; and 
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‘‘(B) is administered by a person with au-
thority to do so; and 
‘‘(2) who, upon such oath, makes or subscribes to 
a statement; 
if the statement is false and at the time of taking the oath, 
the person does not believe the statement to be true, shall 
be punished as a court-martial may direct.’’. 
SEC. 6920. PAROLE VIOLATION. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 907 (article 107 
of the Uniform Code of Military Justice), as amended by 
section 6919, the following new section (article): 
‘‘§ 907a. Art. 107a. Parole violation 
‘‘Any person subject to this chapter— 
‘‘(1) who, having been a prisoner as the result of 
a court-martial conviction or other criminal pro-
ceeding, is on parole with conditions; and 
‘‘(2) who violates the conditions of parole; 
shall be punished as a court-martial may direct.’’. 
SEC. 6921. WRONGFUL TAKING, OPENING, ETC. OF MAIL 
MATTER. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 909 (article 109 
of the Uniform Code of Military Justice), the following new 
section (article): 
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‘‘§ 909a. Art. 109a. Mail matter: wrongful taking, 
opening, etc. 
‘‘(a) TAKING.—Any person subject to this chapter who, 
with the intent to obstruct the correspondence of, or to pry 
into the business or secrets of, any person or organization, 
wrongfully takes mail matter before the mail matter is de-
livered to or received by the addressee shall be punished as 
a court-martial may direct. 
‘‘(b) OPENING, SECRETING, DESTROYING, STEAL-
ING.—Any person subject to this chapter who wrongfully 
opens, secretes, destroys, or steals mail matter before the 
mail matter is delivered to or received by the addressee shall 
be punished as a court-martial may direct.’’. 
SEC. 6922. IMPROPER HAZARDING OF VESSEL OR AIR-
CRAFT. 
Section 910 of title 10, United States Code (article 110 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 910. Art. 110. Improper hazarding of vessel or air-
craft 
‘‘(a) WILLFUL
AND WRONGFUL HAZARDING.—Any 
person subject to this chapter who, willfully and wrongfully, 
hazards or suffers to be hazarded any vessel or aircraft of 
the armed forces shall be punished by death or such other 
punishment as a court-martial may direct. 
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‘‘(b) NEGLIGENT HAZARDING.—Any person subject to 
this chapter who negligently hazards or suffers to be haz-
arded any vessel or aircraft of the armed forces shall be 
punished as a court-martial may direct.’’. 
SEC. 6923. LEAVING SCENE OF VEHICLE ACCIDENT. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 910 (article 110 
of the Uniform Code of Military Justice), as amended by 
section 6922, the following new section (article): 
‘‘§ 911. Art. 111. Leaving scene of vehicle accident 
‘‘(a) DRIVER.—Any person subject to this chapter— 
‘‘(1) who is the driver of a vehicle that is in-
volved in an accident that results in personal injury 
or property damage; and 
‘‘(2) who wrongfully leaves the scene of the acci-
dent— 
‘‘(A) without providing assistance to an in-
jured person; or 
‘‘(B) without providing personal identifica-
tion to others involved in the accident or to ap-
propriate authorities; 
shall be punished as a court-martial may direct. 
‘‘(b) SENIOR PASSENGER.—Any person subject to this 
chapter— 
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‘‘(1) who is a passenger in a vehicle that is in-
volved in an accident that results in personal injury 
or property damage; 
‘‘(2) who is the superior commissioned or non-
commissioned officer of the driver of the vehicle or is 
the commander of the vehicle; and 
‘‘(3) who wrongfully and unlawfully orders, 
causes, or permits the driver to leave the scene of the 
accident— 
‘‘(A) without providing assistance to an in-
jured person; or 
‘‘(B) without providing personal identifica-
tion to others involved in the accident or to ap-
propriate authorities; 
shall be punished as a court-martial may direct.’’. 
SEC. 6924. DRUNKENNESS AND OTHER INCAPACITATION 
OFFENSES. 
Section 912 of title 10, United States Code (article 112 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 912. Art. 112. Drunkenness and other incapacita-
tion offenses 
‘‘(a) DRUNK ON DUTY.—Any person subject to this 
chapter who is drunk on duty shall be punished as a court- 
martial may direct. 
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‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKENNESS 
OR DRUG USE.—Any person subject to this chapter who, 
as a result of indulgence in any alcoholic beverage or any 
drug, is incapacitated for the proper performance of duty 
shall be punished as a court-martial may direct. 
‘‘(c) DRUNK PRISONER.—Any person subject to this 
chapter who is a prisoner and, while in such status, is 
drunk shall be punished as a court-martial may direct.’’. 
SEC. 6925. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR 
CONVICTION OF DRUNKEN OR RECKLESS OP-
ERATION OF VEHICLE, AIRCRAFT, OR VESSEL. 
Subsection (b)(3) of section 913 of title 10, United 
States Code (article 113 of the Uniform Code of Military 
Justice), as transferred and redesignated by section 
6901(9), is amended— 
(1) by striking ‘‘0.10 grams’’ both places it ap-
pears and inserting ‘‘0.08 grams’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘The Secretary may by regulation prescribe 
limits that are lower than the limits specified in the 
preceding sentence, if such lower limits are based on 
scientific developments, as reflected in Federal law of 
general applicability.’’. 
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SEC. 6926. ENDANGERMENT OFFENSES. 
Section 914 of title 10, United States Code (article 114 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 914. Art. 114. Endangerment offenses 
‘‘(a) RECKLESS ENDANGERMENT.—Any person subject 
to this chapter who engages in conduct that— 
‘‘(1) is wrongful and reckless or is wanton; and 
‘‘(2) is likely to produce death or grievous bodily 
harm to another person; 
shall be punished as a court-martial may direct. 
‘‘(b) DUELING.—Any person subject to this chapter— 
‘‘(1) who fights or promotes, or is concerned in 
or connives at fighting a duel; or 
‘‘(2) who, having knowledge of a challenge sent 
or about to be sent, fails to report the facts promptly 
to the proper authority; 
shall be punished as a court-martial may direct. 
‘‘(c) FIREARM DISCHARGE, ENDANGERING HUMAN 
LIFE.—Any person subject to this chapter who, willfully 
and wrongly, discharges a firearm, under circumstances 
such as to endanger human life shall be punished as a court- 
martial may direct. 
‘‘(d) CARRYING CONCEALED WEAPON.—Any person 
subject to this chapter who unlawfully carries a dangerous 
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weapon concealed on or about his person shall be punished 
as a court-martial may direct.’’. 
SEC. 6927. COMMUNICATING THREATS. 
Section 915 of title 10, United States Code (article 115 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 915. Art. 115. Communicating threats 
‘‘(a) COMMUNICATING THREATS GENERALLY.—Any 
person subject to this chapter who wrongfully communicates 
a threat to injure the person, property, or reputation of an-
other shall be punished as a court-martial may direct. 
‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, 
ETC.—Any person subject to this chapter who wrongfully 
communicates a threat to injure the person or property of 
another by use of (1) an explosive, (2) a weapon of mass 
destruction, (3) a biological or chemical agent, substance, 
or weapon, or (4) a hazardous material, shall be punished 
as a court-martial may direct. 
‘‘(c) COMMUNICATING FALSE THREAT CONCERNING 
USE OF EXPLOSIVE, ETC.—Any person subject to this chap-
ter who maliciously communicates a false threat concerning 
injury to the person or property of another by use of (1) 
an explosive, (2) a weapon of mass destruction, (3) a bio-
logical or chemical agent, substance, or weapon, or (4) a 
hazardous material, shall be punished as a court-martial 
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may direct. As used in the preceding sentence, the term 
‘false threat’ means a threat that, at the time the threat 
is communicated, is known to be false by the person commu-
nicating the threat.’’. 
SEC. 6928. TECHNICAL AMENDMENT RELATING TO MURDER. 
Section 918(4) of title 10, United States Code (article 
118(4) of the Uniform Code of Military Justice), is amend-
ed by striking ‘‘forcible sodomy,’’. 
SEC. 6929. CHILD ENDANGERMENT. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 919a (article 
119a of the Uniform Code of Military Justice), the following 
new section (article): 
‘‘§ 919b. Art. 119b. Child endangerment 
‘‘Any person subject to this chapter— 
‘‘(1) who has a duty for the care of a child under 
the age of 16 years; and 
‘‘(2) who, through design or culpable negligence, 
endangers the child’s mental or physical health, safe-
ty, or welfare; 
shall be punished as a court-martial may direct.’’. 
SEC. 6930. DEPOSIT OF OBSCENE MATTER IN THE MAIL. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 920 (article 120 
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of the Uniform Code of Military Justice), the following new 
section (article): 
‘‘§ 920a. Art. 120a. Mails: deposit of obscene matter 
‘‘Any person subject to this chapter who, wrongfully 
and knowingly, deposits obscene matter for mailing and de-
livery shall be punished as a court-martial may direct.’’. 
SEC. 6931. FRAUDULENT USE OF CREDIT CARDS, DEBIT 
CARDS, AND OTHER ACCESS DEVICES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 921 (article 121 
of the Uniform Code of Military Justice), the following new 
section (article): 
‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, 
debit cards, and other access devices 
‘‘(a) IN GENERAL.—Any person subject to this chapter 
who, with intent to defraud, uses— 
‘‘(1) a stolen credit card, debit card, or other ac-
cess device; 
‘‘(2) a revoked, cancelled, or otherwise invalid 
credit card, debit card, or other access device; or 
‘‘(3) a credit card, debit card, or other access de-
vice without the authorization of a person whose au-
thorization is required for such use; 
to obtain money, property, services, or anything else of 
value shall be punished as a court-martial may direct. 
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‘‘(b) DEFINITION.—In this section (article), the term 
‘access device’ has the meaning given that term in section 
1029 of title 18.’’. 
SEC. 6932. FALSE PRETENSES TO OBTAIN SERVICES. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 921a (article 
121a of the Uniform Code of Military Justice), as added 
by section 6931, the following new section (article): 
‘‘§ 921b. Art. 121b. False pretenses to obtain services 
‘‘Any person subject to this chapter who, with intent 
to defraud, knowingly uses false pretenses to obtain services 
shall be punished as a court-martial may direct.’’. 
SEC. 6933. ROBBERY. 
Section 922 of title 10, United States Code (article 122 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 922. Art. 122. Robbery 
‘‘Any person subject to this chapter who takes anything 
of value from the person or in the presence of another, 
against his will, by means of force or violence or fear of 
immediate or future injury to his person or property or 
to the person or property of a relative or member of his 
family or of anyone in his company at the time of the rob-
bery, is guilty of robbery and shall be punished as a court- 
martial may direct.’’. 
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SEC. 6934. RECEIVING STOLEN PROPERTY. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 922 (article 122 
of the Uniform Code of Military Justice), as amended by 
section 6933, the following new section (article): 
‘‘§ 922a. Art. 122a. Receiving stolen property 
‘‘Any person subject to this chapter who wrongfully re-
ceives, buys, or conceals stolen property, knowing the prop-
erty to be stolen property, shall be punished as a court- 
martial may direct.’’. 
SEC. 6935. OFFENSES CONCERNING GOVERNMENT COM-
PUTERS. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 922a (article 
122a of the Uniform Code of Military Justice), as added 
by section 6934, the following new section (article): 
‘‘§ 923. Art. 123. Offenses concerning government com-
puters 
‘‘(a) IN GENERAL.—Any person subject to this chapter 
who— 
‘‘(1) knowingly accesses a Government computer, 
with an unauthorized purpose, and by doing so ob-
tains classified information, with reason to believe 
such information could be used to the injury of the 
United States, or to the advantage of any foreign na-
tion, and intentionally communicates, delivers, trans-
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mits, or causes to be communicated, delivered, or 
transmitted such information to any person not enti-
tled to receive it; 
‘‘(2) intentionally accesses a Government com-
puter, with an unauthorized purpose, and thereby ob-
tains classified or other protected information from 
any such Government computer; or 
‘‘(3) knowingly causes the transmission of a pro-
gram, information, code, or command, and as a result 
of such conduct, intentionally causes damage without 
authorization, to a Government computer; 
shall be punished as a court-martial may direct. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘computer’ has the meaning given 
that term in section 1030 of title 18. 
‘‘(2) The term ‘Government computer’ means a 
computer owned or operated by or on behalf of the 
United States Government. 
‘‘(3) The term ‘damage’ has the meaning given 
that term in section 1030 of title 18.’’. 
SEC. 6936. BRIBERY. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 924 (article 124 
of the Uniform Code of Military Justice), as transferred and 
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redesignated by section 6901(14), the following new section 
(article): 
‘‘§ 924a. Art. 124a. Bribery 
‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF 
VALUE.—Any person subject to this chapter— 
‘‘(1) who occupies an official position or who has 
official duties; and 
‘‘(2) who wrongfully asks, accepts, or receives a 
thing of value with the intent to have the person’s de-
cision or action influenced with respect to an official 
matter in which the United States is interested; 
shall be punished as a court-martial may direct. 
‘‘(b) PROMISING, OFFERING, OR GIVING THING OF 
VALUE.—Any person subject to this chapter who wrongfully 
promises, offers, or gives a thing of value to another person, 
who occupies an official position or who has official duties, 
with the intent to influence the decision or action of the 
other person with respect to an official matter in which the 
United States is interested, shall be punished as a court- 
martial may direct.’’. 
SEC. 6937. GRAFT. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 924a (article 
124a of the Uniform Code of Military Justice), as added 
by section 6936, the following new section (article): 
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‘‘§ 924b. Art. 124b. Graft 
‘‘(a) ASKING, ACCEPTING, OR RECEIVING THING OF 
VALUE.—Any person subject to this chapter— 
‘‘(1) who occupies an official position or who has 
official duties; and 
‘‘(2) who wrongfully asks, accepts, or receives a 
thing of value as compensation for or in recognition 
of services rendered or to be rendered by the person 
with respect to an official matter in which the United 
States is interested; 
shall be punished as a court-martial may direct. 
‘‘(b) PROMISING, OFFERING, OR GIVING THING OF 
VALUE.—Any person subject to this chapter who wrongfully 
promises, offers, or gives a thing of value to another person, 
who occupies an official position or who has official duties, 
as compensation for or in recognition of services rendered 
or to be rendered by the other person with respect to an 
official matter in which the United States is interested, 
shall be punished as a court-martial may direct.’’. 
SEC. 6938. KIDNAPPING. 
Section 925 of title 10, United States Code (article 125 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 925. Art. 125. Kidnapping 
‘‘Any person subject to this chapter who wrongfully— 
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‘‘(1) seizes, confines, inveigles, decoys, or carries 
away another person; and 
‘‘(2) holds the other person against that person’s 
will; 
shall be punished as a court-martial may direct.’’. 
SEC. 6939. ARSON; BURNING PROPERTY WITH INTENT TO 
DEFRAUD. 
Section 926 of title 10, United States Code (article 126 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 926. Art. 126. Arson; burning property with intent 
to defraud 
‘‘(a) AGGRAVATED ARSON.—Any person subject to this 
chapter who, willfully and maliciously, burns or sets on fire 
an inhabited dwelling, or any other structure, movable or 
immovable, wherein, to the knowledge of that person, there 
is at the time a human being, is guilty of aggravated arson 
and shall be punished as a court-martial may direct. 
‘‘(b) SIMPLE ARSON.—Any person subject to this chap-
ter who, willfully and maliciously, burns or sets fire to the 
property of another is guilty of simple arson and shall be 
punished as a court-martial may direct. 
‘‘(c) BURNING PROPERTY WITH INTENT
TO DE-
FRAUD.—Any person subject to this chapter who, willfully, 
maliciously, and with intent to defraud, burns or sets fire 
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to any property shall be punished as a court-martial may 
direct.’’. 
SEC. 6940. ASSAULT. 
Section 928 of title 10, United States Code (article 128 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 928. Art. 128. Assault 
‘‘(a) ASSAULT.—Any person subject to this chapter 
who, unlawfully and with force or violence— 
‘‘(1) attempts to do bodily harm to another per-
son; 
‘‘(2) offers to do bodily harm to another person; 
or 
‘‘(3) does bodily harm to another person; 
is guilty of assault and shall be punished as a court-martial 
may direct. 
‘‘(b) AGGRAVATED ASSAULT.—Any person subject to 
this chapter— 
‘‘(1) who, with the intent to do bodily harm, of-
fers to do bodily harm with a dangerous weapon; or 
‘‘(2) who, in committing an assault, inflicts sub-
stantial bodily harm, or grievous bodily harm on an-
other person; 
is guilty of aggravated assault and shall be punished as 
a court-martial may direct. 
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‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED 
OFFENSES.— 
‘‘(1) IN GENERAL.—Any person subject to this 
chapter who commits assault with intent to commit 
an offense specified in paragraph (2) shall be pun-
ished as a court-martial may direct. 
‘‘(2) OFFENSES
SPECIFIED.—The offenses re-
ferred to in paragraph (1) are murder, voluntary 
manslaughter, rape, sexual assault, rape of a child, 
sexual assault of a child, robbery, arson, burglary, 
and kidnapping.’’. 
SEC. 6941. BURGLARY AND UNLAWFUL ENTRY. 
Section 929 of title 10, United States Code (article 129 
of the Uniform Code of Military Justice), and section 929a 
of such title (article 129a), as redesignated by section 
6901(10), are amended to read as follows: 
‘‘§ 929. Art. 129. Burglary; unlawful entry 
‘‘(a) BURGLARY.—Any person subject to this chapter 
who, with intent to commit an offense under this chapter, 
breaks and enters the building or structure of another shall 
be punished as a court-martial may direct. 
‘‘(b) UNLAWFUL ENTRY.—Any person subject to this 
chapter who unlawfully enters— 
‘‘(1) the real property of another; or 
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‘‘(2) the personal property of another which 
amounts to a structure usually used for habitation or 
storage; 
shall be punished as a court-martial may direct.’’. 
SEC. 6942. STALKING. 
Section 930 of title 10, United States Code (article 130 
of the Uniform Code of Military Justice), as transferred and 
redesignated by section 6901(11), is amended to read as fol-
lows: 
‘‘§ 930. Art. 130. Stalking 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter— 
‘‘(1) who wrongfully engages in a course of con-
duct directed at a specific person that would cause a 
reasonable person to fear death or bodily harm, in-
cluding sexual assault, to himself or herself, to a 
member of his or her immediate family, or to his or 
her intimate partner; 
‘‘(2) who has knowledge, or should have knowl-
edge, that the specific person will be placed in reason-
able fear of death or bodily harm, including sexual 
assault, to himself or herself, to a member of his or 
her immediate family, or to his or her intimate part-
ner; and 
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‘‘(3) whose conduct induces reasonable fear in 
the specific person of death or bodily harm, including 
sexual assault, to himself or herself, to a member of 
his or her immediate family, or to his or her intimate 
partner; 
is guilty of stalking and shall be punished as a court-mar-
tial may direct. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘conduct’ means conduct of any 
kind, including use of surveillance, the mails, an 
interactive computer service, an electronic commu-
nication service, or an electronic communication sys-
tem. 
‘‘(2) The term ‘course of conduct’ means— 
‘‘(A) a repeated maintenance of visual or 
physical proximity to a specific person; 
‘‘(B) a repeated conveyance of verbal threat, 
written threats, or threats implied by conduct, or 
a combination of such threats, directed at or to-
ward a specific person; or 
‘‘(C) a pattern of conduct composed of re-
peated acts evidencing a continuity of purpose. 
‘‘(3) The term ‘repeated’, with respect to conduct, 
means two or more occasions of such conduct. 
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‘‘(4) The term ‘immediate family’, in the case of 
a specific person, means— 
‘‘(A) that person’s spouse, parent, brother or 
sister, child, or other person to whom he or she 
stands in loco parentis; or 
‘‘(B) any other person living in his or her 
household and related to him or her by blood or 
marriage. 
‘‘(5) The term ‘intimate partner’ in the case of 
a specific person, means— 
‘‘(A) a former spouse of the specific person, 
a person who shares a child in common with the 
specific person, or a person who cohabits with or 
has cohabited as a spouse with the specific per-
son; or 
‘‘(B) a person who has been in a social rela-
tionship of a romantic or intimate nature with 
the specific person, as determined by the length 
of the relationship, the type of relationship, and 
the frequency of interaction between the persons 
involved in the relationship.’’. 
SEC. 6943. SUBORNATION OF PERJURY. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931 (article 131 
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of the Uniform Code of Military Justice), the following new 
section (article): 
‘‘§ 931a. Art. 131a. Subornation of perjury 
‘‘(a) IN GENERAL.—Any person subject to this chapter 
who induces and procures another person— 
‘‘(1) to take an oath; and 
‘‘(2) to falsely testify, depose, or state upon such 
oath; 
shall, if the conditions specified in subsection (b) are satis-
fied, be punished as a court-martial may direct. 
‘‘(b) CONDITIONS.—The conditions referred to in sub-
section (a) are the following: 
‘‘(1) The oath is administered with respect to a 
matter for which such oath is required or authorized 
by law. 
‘‘(2) The oath is administered by a person hav-
ing authority to do so. 
‘‘(3) Upon the oath, the other person willfully 
makes or subscribes a statement. 
‘‘(4) The statement is material. 
‘‘(5) The statement is false. 
‘‘(6) When the statement is made or subscribed, 
the person subject to this chapter and the other person 
do not believe that the statement is true.’’. 
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SEC. 6944. OBSTRUCTING JUSTICE. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931a (article 
131a of the Uniform Code of Military Justice), as added 
by section 6943, the following new section (article): 
‘‘§ 931b. Art. 131b. Obstructing justice 
‘‘Any person subject to this chapter who engages in 
conduct in the case of a certain person against whom the 
accused had reason to believe there were or would be crimi-
nal or disciplinary proceedings pending, with intent to in-
fluence, impede, or otherwise obstruct the due administra-
tion of justice shall be punished as a court-martial may 
direct.’’. 
SEC. 6945. MISPRISION OF SERIOUS OFFENSE. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931b (article 
131b of the Uniform Code of Military Justice), as added 
by section 6944, the following new section (article): 
‘‘§ 931c. Art. 131c. Misprision of serious offense 
‘‘Any person subject to this chapter— 
‘‘(1) who knows that another person has com-
mitted a serious offense; and 
‘‘(2) wrongfully conceals the commission of the 
offense and fails to make the commission of the offense 
known to civilian or military authorities as soon as 
possible; 
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shall be punished as a court-martial may direct.’’. 
SEC. 6946. WRONGFUL REFUSAL TO TESTIFY. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931c (article 
131c of the Uniform Code of Military Justice), as added 
by section 6945, the following new section (article): 
‘‘§ 931d. Art. 131d. Wrongful refusal to testify 
‘‘Any person subject to this chapter who, in the pres-
ence of a court-martial, a board of officers, a military com-
mission, a court of inquiry, preliminary hearing, or an offi-
cer taking a deposition, of or for the United States, wrong-
fully refuses to qualify as a witness or to answer a question 
after having been directed to do so by the person presiding 
shall be punished as a court-martial may direct.’’. 
SEC. 6947. PREVENTION OF AUTHORIZED SEIZURE OF 
PROPERTY. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931d (article 
131d of the Uniform Code of Military Justice), as added 
by section 6946, the following new section (article): 
‘‘§ 931e. Art. 131e. Prevention of authorized seizure of 
property 
‘‘Any person subject to this chapter who, knowing that 
one or more persons authorized to make searches and sei-
zures are seizing, are about to seize, or are endeavoring to 
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seize property, destroys, removes, or otherwise disposes of 
the property with intent to prevent the seizure thereof shall 
be punished as a court-martial may direct.’’. 
SEC. 6948. WRONGFUL INTERFERENCE WITH ADVERSE AD-
MINISTRATIVE PROCEEDING. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931f (article 
131f of the Uniform Code of Military Justice), as trans-
ferred and redesignated by section 6901(3), the following 
new section (article): 
‘‘§ 931g. Art. 131g. Wrongful interference with adverse 
administrative proceeding 
‘‘Any person subject to this chapter who, having reason 
to believe that an adverse administrative proceeding is 
pending against any person subject to this chapter, wrong-
fully acts with the intent— 
‘‘(1) to influence, impede, or obstruct the conduct 
of the proceeding; or 
‘‘(2) otherwise to obstruct the due administration 
of justice; 
shall be punished as a court-martial may direct.’’. 
SEC. 6949. RETALIATION. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931g (article 
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131g of the Uniform Code of Military Justice), as added 
by section 6948, the following new section (article): 
‘‘§ 932. Art. 132. Retaliation 
‘‘Any person subject to this chapter who, with the in-
tent to retaliate against any person for reporting or plan-
ning to report a criminal offense, or with the intent to dis-
courage any person from reporting a criminal offense— 
‘‘(1) wrongfully takes or threatens to take an ad-
verse personnel action against any person; or 
‘‘(2) wrongfully withholds or threatens to with-
hold a favorable personnel action with respect to any 
person; 
shall be punished as a court-martial may direct.’’. 
SEC. 6950. EXTRATERRITORIAL APPLICATION OF CERTAIN 
OFFENSES. 
Section 934 of title 10, United States Code (article 134 
of the Uniform Code of Military Justice), is amended by 
adding at the end the following new sentence: ‘‘As used in 
the preceding sentence, the term ‘crimes and offenses not 
capital’ includes any conduct engaged in outside the United 
States, as defined in section 5 of title 18, that would con-
stitute a crime or offense not capital if the conduct had 
been engaged in within the special maritime and territorial 
jurisdiction of the United States, as defined in section 7 
of title 18.’’. 
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SEC. 6951. TABLE OF SECTIONS. 
The table of sections at the beginning of subchapter X 
of chapter 47 of title 10, United States Code, is amended 
to read as follows: 
‘‘Sec. Art.
‘‘877. 77. Principals. 
‘‘878. 78. Accessory after the fact. 
‘‘879. 79. Conviction of offense charged, lesser included offenses, and attempts. 
‘‘880. 80. Attempts. 
‘‘881. 81. Conspiracy. 
‘‘882. 82. Soliciting commission of offenses. 
‘‘883. 83. Malingering. 
‘‘884. 84. Breach of medical quarantine. 
‘‘885. 85. Desertion. 
‘‘886. 86. Absence without leave. 
‘‘887. 87. Missing movement; jumping from vessel. 
‘‘887a. 87a. Resistance, flight, breach of arrest, and escape. 
‘‘887b. 87b. Offenses against correctional custody and restriction. 
‘‘888. 88. Contempt toward officials. 
‘‘889. 89. Disrespect toward superior commissioned officer; assault of superior 
commissioned officer. 
‘‘890. 90. Willfully disobeying superior commissioned officer. 
‘‘891. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, 
or petty officer. 
‘‘892. 92. Failure to obey order or regulation. 
‘‘893. 93. Cruelty and maltreatment. 
‘‘893a. 93a. Prohibited activities with military recruit or trainee by person in po-
sition of special trust. 
‘‘894. 94. Mutiny or sedition. 
‘‘895. 95. Offenses by sentinel or lookout. 
‘‘895a. 95a. Disrespect toward sentinel or lookout. 
‘‘896. 96. Release of prisoner without authority; drinking with prisoner. 
‘‘897. 97. Unlawful detention. 
‘‘898. 98. Misconduct as prisoner. 
‘‘899. 99. Misbehavior before the enemy. 
‘‘900. 100. Subordinate compelling surrender. 
‘‘901. 101. Improper use of countersign. 
‘‘902. 102. Forcing a safeguard. 
‘‘903. 103. Spies. 
‘‘903a. 103a. Espionage. 
‘‘903b. 103b. Aiding the enemy. 
‘‘904. 104. Public records offenses. 
‘‘904a. 104a. Fraudulent enlistment, appointment, or separation. 
‘‘904b. 104b. Unlawful enlistment, appointment, or separation. 
‘‘905. 105. Forgery. 
‘‘905a. 105a. False or unauthorized pass offenses. 
‘‘906. 106. Impersonation of officer, noncommissioned or petty officer, or agent of 
official. 
‘‘906a. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or 
lapel button. 
‘‘907. 107. False official statements; false swearing. 
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‘‘907a. 107a. Parole violation. 
‘‘908. 108. Military property of United States—Loss, damage, destruction, or 
wrongful, disposition. 
‘‘908a. 108a. Captured or abandoned property. 
‘‘909. 109. Property other than military property of United States—Waste, spoil-
age, or destruction. 
‘‘909a 109a. Mail matter: wrongful taking, opening, etc. 
‘‘910. 110. Improper hazarding of vessel or aircraft. 
‘‘911. 111. Leaving scene of vehicle accident. 
‘‘912. 112. Drunkenness and other incapacitation offenses. 
‘‘912a. 112a. Wrongful use, possession, etc., of controlled substances. 
‘‘913. 113. Drunken or reckless operation of vehicle, aircraft, or vessel. 
‘‘914. 114. Endangerment offenses. 
‘‘915. 115. Communicating threats. 
‘‘916. 116. Riot or breach or peace. 
‘‘917. 117. Provoking speeches or gestures. 
‘‘918. 118. Murder. 
‘‘919. 119. Manslaughter. 
‘‘919a. 119a. Death or injury of an unborn child. 
‘‘919b. 119b. Child endangerment. 
‘‘920. 120. Rape and sexual assault generally. 
‘‘920a. 120a. Mails: deposit of obscene matter. 
‘‘920b. 120b. Rape and sexual assault of a child. 
‘‘920c. 120c. Other sexual misconduct. 
‘‘921. 121. Larceny and wrong appropriation. 
‘‘921a. 121a. Fraudulent use of credit cards, debit cards, and other access devices. 
‘‘921b. 121b. False pretenses to obtain services. 
‘‘922. 122. Robbery. 
‘‘922a. 122a. Receiving stolen property. 
‘‘923. 213. Offenses concerning Government computers. 
‘‘923a. 123a. Making, drawing, or uttering check, draft, or order without sufficient 
funds. 
‘‘924. 124. Frauds against the United States. 
‘‘924a. 124. Bribery. 
‘‘924b. 124b. Graft. 
‘‘925. 125. Kidnapping. 
‘‘926. 126. Arson; burning property with intent to defraud. 
‘‘927. 127. Extortion. 
‘‘928. 128. Assault. 
‘‘928a. 128a. Maiming. 
‘‘929. 129. Burglary; unlawful entry. 
‘‘930. 130 Stalking. 
‘‘931. 131. Perjury. 
‘‘931a. 131a. Subornation of perjury. 
‘‘931b. 131b. Obstruction justice. 
‘‘931c. 131c. Misprision of serious offense. 
‘‘931d. 131d. Wrongful refusal to testify. 
‘‘931e. 131e. Prevention of authorized seizure of property. 
‘‘931f. 131f. Noncompliance with procedural rules. 
‘‘931g. 131g. Wrongful interference with adverse administrative proceeding. 
‘‘932. 132. Retaliation. 
‘‘933. 133. Conduct unbecoming an officer and a gentleman. 
‘‘934. 134. General article.’’. 
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TITLE LXX—MISCELLANEOUS 
PROVISIONS 
SEC. 7001. TECHNICAL AMENDMENT RELATING TO COURTS 
OF INQUIRY. 
Section 935(c) of title 10, United States Code (article 
135(c) of the Uniform Code of Military Justice), is amend-
ed— 
(1) by striking ‘‘(c) Any person’’ and inserting 
‘‘(c)(1) Any person’’; 
(2) by designating the second and third sentences 
as paragraphs (2) and (3), respectively; and 
(3) in paragraph (2), as so designated, by strik-
ing ‘‘subject to this chapter or employed by the De-
partment of Defense’’ and inserting ‘‘who is (A) sub-
ject to this chapter, (B) employed by the Department 
of Defense, or (C) with respect to the Coast Guard, 
employed by the department in which the Coast 
Guard is operating when it is not operating as a 
service in the Navy, and’’. 
SEC. 7002. TECHNICAL AMENDMENT TO ARTICLE 136. 
Section 936 of title 10, United States Code (article 136 
of the Uniform Code of Military Justice), is amended by 
striking the last five words in the section heading. 
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SEC. 7003. ARTICLES OF UNIFORM CODE OF MILITARY JUS-
TICE TO BE EXPLAINED TO OFFICERS UPON 
COMMISSIONING. 
Section 937 of title 10, United States Code (article 137 
of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a), by striking ‘‘(a)(1) The sec-
tions of this title (articles of the Uniform Code of 
Military Justice)’’ and inserting ‘‘(a) ENLISTED 
MEMBERS.—(1) The sections (articles) of this chapter 
(the Uniform Code of Military Justice)’’; 
(2) by striking subsection (b); and 
(3) by inserting after subsection (a) the following 
new subsections: 
‘‘(b) OFFICERS.—(1) The sections (articles) of this 
chapter (the Uniform Code of Military Justice) specified in 
paragraph (2) shall be carefully explained to each officer 
at the time of (or within six months after)— 
‘‘(A) the initial entrance of the officer on active 
duty as an officer; or 
‘‘(B) the initial commissioning of the officer in 
a reserve component. 
‘‘(2) This subsection applies with respect to the sections 
(articles) specified in subsection (a)(3) and such other sec-
tions (articles) as the Secretary concerned may prescribe 
by regulation. 
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‘‘(c) TRAINING FOR CERTAIN OFFICERS.—Under regu-
lations prescribed by the Secretary concerned, officers with 
the authority to convene courts-martial or to impose non- 
judicial punishment shall receive periodic training regard-
ing the purposes and administration of this chapter. Under 
regulations prescribed by the Secretary of Defense, officers 
assigned to duty in a combatant command, who have such 
authority, shall receive additional specialized training re-
garding the purposes and administration of this chapter. 
‘‘(d) AVAILABILITY AND MAINTENANCE OF TEXT.—The 
text of this chapter (the Uniform Code of Military Justice) 
and the text of the regulations prescribed by the President 
under this chapter shall be— 
‘‘(1) made available to a member on active duty 
or to a member of a reserve component, upon request 
by the member, for the member’s personal examina-
tion; and 
‘‘(2) maintained by the Secretary of Defense in 
electronic formats that are updated periodically and 
made available on the Internet.’’. 
SEC. 7004. MILITARY JUSTICE CASE MANAGEMENT; DATA 
COLLECTION AND ACCESSIBILITY. 
(a) IN GENERAL.—Subchapter XI of chapter 47 of title 
10, United States Code (the Uniform Code of Military Jus-
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tice), is amended by adding at the end the following new 
section (article): 
‘‘§ 940a. Art. 140a. Case management; data collection 
and accessibility 
‘‘The Secretary of Defense shall prescribe uniform 
standards and criteria for conduct of each of the following 
functions at all stages of the military justice system, includ-
ing pretrial, trial, post-trial, and appellate processes, using, 
insofar as practicable, the best practices of Federal and 
State courts: 
‘‘(1) Collection and analysis of data concerning 
substantive offenses and procedural matters in a 
manner that facilitates case management and deci-
sion making within the military justice system, and 
that enhances the quality of periodic reviews under 
section 946 of this title (article 146). 
‘‘(2) Case processing and management. 
‘‘(3) Timely, efficient, and accurate production 
and distribution of records of trial within the mili-
tary justice system. 
‘‘(4) Facilitation of access to docket information, 
filings, and records, taking into consideration restric-
tions appropriate to judicial proceedings and mili-
tary records.’’. 
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(b) EFFECTIVE DATES.—(1) Not later than 2 years 
after the date of the enactment of this Act, the Secretary 
of Defense shall carry out section 940a of title 10, United 
States Code (article 140a of the Uniform Code of Military 
Justice), as added by subsection (a). 
(2) Not later than 4 years after the date of the enact-
ment of this Act, the standards and criteria under section 
940a of title 10, United States Code (article 140a of the 
Uniform Code of Military Justice), as added by subsection 
(a), shall take effect. 
TITLE LXXI—MILITARY JUSTICE 
REVIEW PANEL AND ANNUAL 
REPORTS 
SEC. 7101. MILITARY JUSTICE REVIEW PANEL. 
Section 946 of title 10, United States Code (article 146 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘§ 946. Art. 146. Military Justice Review Panel 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish a panel to conduct independent periodic reviews 
and assessments of the operation of this chapter. The panel 
shall be known as the ‘Military Justice Review Panel’, in 
this section referred to as the ‘Panel’. 
‘‘(b) MEMBERS.—(1) The Panel shall be composed of 
thirteen members. 
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‘‘(2) Each of the following shall select one member of 
the Panel: 
‘‘(A) The Secretary of Defense (in consultation 
with the Secretary of the department in which the 
Coast Guard is operating when it is not operating as 
a service in the Navy). 
‘‘(B) The Attorney General. 
‘‘(C) The Judge Advocates General of the Army, 
Navy, Air Force, and Coast Guard, and the Staff 
Judge Advocate to the Commandant of the Marine 
Corps. 
‘‘(3) The Secretary of Defense shall select the remain-
ing members of the Panel, taking into consideration rec-
ommendations made by each of the following: 
‘‘(A) The chairman and ranking minority mem-
ber of the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House 
of Representatives. 
‘‘(B) The Chief Justice of the United States. 
‘‘(C) The Chief Judge of the United States Court 
of Appeals for the Armed Forces. 
‘‘(c) QUALIFICATIONS OF MEMBERS.—The members of 
the Panel shall be appointed from among private United 
States citizens with expertise in criminal law, as well as 
appropriate and diverse experience in investigation, pros-
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ecution, defense, victim representation, or adjudication with 
respect to courts-martial, Federal civilian courts, or State 
courts. 
‘‘(d) CHAIR.—The Secretary of Defense shall select the 
chair of the Panel from among the members. 
‘‘(e) TERM; VACANCIES.—Each member shall be ap-
pointed for a term of eight years, and no member may serve 
more than one term. Any vacancy shall be filled in the same 
manner as the original appointment. 
‘‘(f) REVIEWS AND REPORTS.— 
‘‘(1) INITIAL REVIEW OF RECENT AMENDMENTS 
TO UCMJ.—During fiscal year 2020, the Panel shall 
conduct an initial review and assessment of the im-
plementation of the amendments made to this chapter 
during the preceding five years. In conducting the 
initial review and assessment, the Panel may review 
such other aspects of the operation of this chapter as 
the Panel considers appropriate. 
‘‘(2) PERIODIC
COMPREHENSIVE
REVIEWS.— 
During fiscal year 2024 and every eight years there-
after, the Panel shall conduct a comprehensive review 
and assessment of the operation of this chapter. 
‘‘(3) PERIODIC INTERIM REVIEWS.—During fis-
cal year 2028 and every eight years thereafter, the 
Panel shall conduct an interim review and assessment 
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of such other aspects of the operation of this chapter 
as the Panel considers appropriate. In addition, at 
the request of the Secretary of Defense, the Panel may, 
at any time, review and assess other specific matters 
relating to the operation of this chapter. 
‘‘(4) REPORTS.—Not later than December 31 of 
each year during which the Panel conducts a review 
and assessment under this subsection, the Panel shall 
submit a report on the results, including the Panel’s 
findings and recommendations, through the Secretary 
of Defense to the Committees on Armed Services of the 
Senate and the House of Representatives. 
‘‘(g) HEARINGS.—The Panel may hold such hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the Panel considers appro-
priate to carry out its duties under this section. 
‘‘(h) INFORMATION FROM FEDERAL AGENCIES.—Upon 
request of the chair of the Panel, a department or agency 
of the Federal Government shall provide information that 
the Panel considers necessary to carry out its duties under 
this section. 
‘‘(i) ADMINISTRATIVE MATTERS.— 
‘‘(1) MEMBERS TO SERVE WITHOUT PAY.—Mem-
bers of the Panel shall serve without pay, but shall be 
allowed travel expenses, including per diem in lieu of 
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subsistence, at rates authorized for employees of agen-
cies under subchapter I of chapter 57 of title 5, while 
away from their homes or regular places of business 
in the performance of services for the Panel. 
‘‘(2) STAFFING AND RESOURCES.—The Secretary 
of Defense shall provide staffing and resources to sup-
port the Panel. 
‘‘(j) NO TERMINATION.—The authority of the Panel 
under this section does not terminate.’’. 
SEC. 7102. ANNUAL REPORTS. 
Subchapter XII of chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), is amended 
by adding at the end the following new section (article): 
‘‘§ 946a. Art. 146a. Annual reports 
‘‘(a) COURT OF APPEALS FOR THE ARMED FORCES.— 
Not later than December 31 of each year, the Court of Ap-
peals for the Armed Forces shall submit a report that, with 
respect to the previous fiscal year, provides information on 
the number and status of pending cases and such other mat-
ters as the Court considers appropriate regarding the oper-
ation of this chapter. 
‘‘(b) SERVICE REPORTS.—Not later than December 31 
of each year, the Judge Advocates General and the Staff 
Judge Advocate to the Commandant of the Marine Corps 
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shall each submit a report, with respect to the preceding 
fiscal year, containing the following: 
‘‘(1) Data on the number and status of pending 
cases. 
‘‘(2) Information on the appellate review process, 
including— 
‘‘(A) information on compliance with proc-
essing time goals; 
‘‘(B) descriptions of the circumstances sur-
rounding cases in which general or special court- 
martial convictions were (i) reversed because of 
command influence or denial of the right to 
speedy review or (ii) otherwise remitted because 
of loss of records of trial or other administrative 
deficiencies; and 
‘‘(C) an analysis of each case in which a 
provision of this chapter was held unconstitu-
tional. 
‘‘(3)(A) An explanation of measures implemented 
by the armed force involved to ensure the ability of 
judge advocates— 
‘‘(i) to participate competently as trial 
counsel and defense counsel in cases under 
this chapter; 
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‘‘(ii) to preside as military judges in 
cases under this chapter; and 
‘‘(iii) to perform the duties of Special 
Victims’ Counsel, when so designated under 
section 1044e of this title. 
‘‘(B) The explanation under subparagraph 
(A) shall specifically identify the measures that 
focus on capital cases, national security cases, 
sexual assault cases, and proceedings of military 
commissions. 
‘‘(4) The independent views of each Judge Advo-
cate General and of the Staff Judge Advocate to the 
Commandant of the Marine Corps as to the suffi-
ciency of resources available within the respective 
armed forces, including total workforce, funding, 
training, and officer and enlisted grade structure, to 
capably perform military justice functions. 
‘‘(5) Such other matters regarding the operation 
of this chapter as may be appropriate. 
‘‘(c) SUBMISSION.—Each report under this section 
shall be submitted— 
‘‘(1) to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the 
House of Representatives; and 
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‘‘(2) to the Secretary of Defense, the Secretaries 
of the military departments, and the Secretary of the 
department in which the Coast Guard is operating 
when it is not operating as a service in the Navy.’’. 
TITLE 
LXXII—CONFORMING 
AMENDMENTS 
AND 
EFFEC-
TIVE DATES 
SEC. 7201. AMENDMENTS TO UCMJ SUBCHAPTER TABLES 
OF SECTIONS. 
The tables of sections for the specified subchapters of 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), are amended as follows: 
(1) The table of sections at the beginning of sub-
chapter II is amended by striking the item relating 
to section 810 and inserting the following new item: 
‘‘810. 10. Restraint of persons charged.’’. 
(2) The table of sections at the beginning of sub-
chapter II, as amended by paragraph (1), is amended 
by striking the item relating to section 812 and in-
serting the following new item: 
‘‘812. 12. Prohibition of confinement of armed forces members with enemy pris-
oners and certain others.’’. 
(3) The table of sections at the beginning of sub-
chapter V is amended by striking the item relating to 
section 825a and inserting the following new item: 
‘‘825. 25a. Number of court-martial members in capital cases.’’. 
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(4) The table of sections at the beginning of sub-
chapter V, as amended by paragraph (3), is amended 
by inserting after the item relating to section 826 the 
following new item: 
‘‘826a. 26a. Military magistrates.’’. 
(5) The table of sections at the beginning of sub-
chapter V, as amended by paragraphs (3) and (4), is 
amended by striking the item relating to section 829 
and inserting the following new item: 
‘‘829. 29. Assembly and impaneling of members; detail of new members and mili-
tary judges.’’. 
(6) The table of sections at the beginning of sub-
chapter VI is amended by inserting after the item re-
lating to section 830 the following new item: 
‘‘830. 30a. Proceedings conducted before referral.’’. 
(7) The table of sections at the beginning of sub-
chapter VI, as amended by paragraph (6), is amended 
by striking the item relating to section 832 and in-
serting the following new item: 
‘‘832. 32. Preliminary hearing required before referral to general court-martial.’’. 
(8) The table of sections at the beginning of sub-
chapter VI, as amended by paragraphs (6) and (7), 
is amended by striking the item relating to section 
833 and inserting the following new item: 
‘‘833. 33. Disposition guidance.’’. 
(9) The table of sections at the beginning of sub-
chapter VI, as amended by paragraphs (6), (7), and 
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(20), and (21), (22), and (23), is amended by striking 
the item relating to section 869 and inserting the fol-
lowing new item: 
‘‘869. 69. Review by Judge Advocate General.’’. 
(25) The table of sections at the beginning of sub-
chapter IX, as amended by paragraphs (18), (19), 
(20), (21), (22), (23), and (24), is amended by strik-
ing the item relating to section 871 and inserting the 
following new item: 
‘‘871. 71. [Repealed.]’’. 
(26) The table of sections at the beginning of sub-
chapter XI is amended by striking the item relating 
to section 936 and inserting the following new item: 
‘‘936. 136. Authority to administer oaths.’’. 
(27) The table of sections at the beginning of sub-
chapter XI, as amended by paragraph (26), is amend-
ed by inserting after the item relating to section 940 
the following new item: 
‘‘940a. 140a. Case management; data collection and accessibility.’’. 
(28) The table of sections at the beginning of sub-
chapter XII is amended by striking the item relating 
to section 946 and inserting the following new items: 
‘‘946. 146. Military Justice Review Panel. 
‘‘946a. 146a. Annual reports.’’. 
SEC. 7202. EFFECTIVE DATES. 
(a) Except as otherwise provided in this division, the 
amendments made by this division shall take effect on the 
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first day of the first calendar month that begins two years 
after the date of the enactment of this Act. 
(b) The amendments made by this division shall not 
apply to any case in which charges are referred to trial 
by court-martial before the effective date of such amend-
ments. Proceedings in any such case shall be held in the 
same manner and with the same effect as if such amend-
ments had not been enacted. 
(c)(1)(A) The amendments made by title LX shall not 
apply to any offense committed before the effective date of 
such amendments. 
(B) Nothing in subparagraph (A) shall be construed 
to invalidate the prosecution of any offense committed be-
fore the effective date of such amendments. 
(2) The regulations prescribing the authorized punish-
ments for any offense committed before the effective date of 
the amendments made by title LVIII shall apply the author-
ized punishments for the offense, as in effect at the time 
the offense is committed. 
Amend the title so as to read: ‘‘A bill to authorize 
appropriations for fiscal year 2017 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.’’. 
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Union Calendar No. 413 
114TH CONGRESS 
2D SESSION 
H. R. 4909 
[Report No. 114–537] 
A BILL 
To authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense 
and for military construction, to prescribe mili-
tary personnel strengths for such fiscal year, and 
for other purposes. 
MAY 4, 2016 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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