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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
(In Thousands of Dollars) 
Program 
FY 2017 
Request 
House 
Authorized 
Operations and maintenance ......................................................................
257,188 
257,188 
Construction: 
15–D–411 Safety significant confinement ventilation system, WIPP 
2,532 
2,532 
15–D–412 Exhaust shaft, WIPP .......................................................
2,533 
2,533 
Total, Construction ....................................................................................
5,065 
5,065 
Total, Waste Isolation Pilot Plant ........................................................
262,253 
262,253 
Program direction ..............................................................................................
290,050 
290,050 
Program support ................................................................................................
14,979 
14,979 
Safeguards and Security ....................................................................................
255,973 
255,973 
Technology development .....................................................................................
30,000 
40,000 
NAS study on technology development, acceleration of priority efforts ....
[10,000] 
Infrastructure recapitalization ...........................................................................
41,892 
41,892 
Defense Uranium enrichment D&D ...................................................................
155,100 
Ahead of need .............................................................................................
[–155,100] 
Subtotal, Defense environmental cleanup ........................................
5,382,050 
5,289,950 
Total, Defense Environmental Cleanup .............................................
5,382,050 
5,289,950 
Other Defense Activities 
Environment, health, safety and security 
Environment, health, safety and security ...................................................
130,693 
130,693 
Program direction .......................................................................................
66,519 
66,519 
Total, Environment, Health, safety and security ...........................
197,212 
197,212 
Independent enterprise assessments 
Independent enterprise assessments ...........................................................
24,580 
24,580 
Program direction .......................................................................................
51,893 
51,893 
Total, Independent enterprise assessments .....................................
76,473 
76,473 
Specialized security activities .............................................................................
237,912 
246,912 
IT infrastructure and red teaming .............................................................
[9,000] 
Office of Legacy Management 
Legacy management ...................................................................................
140,306 
140,306 
Program direction .......................................................................................
14,014 
14,014 
Total, Office of Legacy Management ...................................................
154,320 
154,320 
Defense-related activities 
Defense related administrative support 
Chief financial officer .................................................................................
23,642 
23,642 
Chief information officer ............................................................................
93,074 
93,074 
Project management oversight and assessments ........................................
3,000 
3,000 
Total, Defense related administrative support ...............................
119,716 
119,716 
Office of hearings and appeals ...........................................................................
5,919 
5,919 
Subtotal, Other defense activities ........................................................
791,552 
800,552 
Total, Other Defense Activities .............................................................
791,552 
800,552 
DIVISION E—MILITARY JUSTICE 
SEC. 6000. SHORT TITLE. 
This division may be cited as the ‘‘Military Justice 
Act of 2016’’. 
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TITLE LX—GENERAL 
PROVISIONS 
SEC. 6001. DEFINITIONS. 
(a) DEFINITION OF MILITARY JUDGE.—Paragraph 
(10) of section 801 of title 10, United States Code (article 
1 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘(10) The term ‘military judge’ means a judge 
advocate designated under section 826(c) of this title 
(article 26(c)) who is detailed under section 826(a) 
of this title (article 26(a)).’’. 
(b) DEFINITION OF JUDGE ADVOCATE.—Paragraph 
(13) of such section (article) is amended— 
(1) in subparagraph (A), by striking ‘‘the Army 
or the Navy’’ and inserting ‘‘the Army, the Navy, or 
the Air Force’’; and 
(2) in subparagraph (B), by striking ‘‘the Air 
Force or’’. 
SEC. 6002. CLARIFICATION OF PERSONS SUBJECT TO UCMJ 
WHILE ON INACTIVE-DUTY TRAINING. 
Paragraph (3) of section 802(a) of title 10, United 
States Code (article 2(a) of the Uniform Code of Military 
Justice), is amended to read as follows: 
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‘‘(3)(A) While on inactive-duty training and 
during any of the periods specified in subparagraph 
(B)— 
‘‘(i) members of a reserve component; and 
‘‘(ii) members of the Army National Guard 
of the United States or the Air National Guard 
of the United States, but only when in Federal 
service. 
‘‘(B) The periods referred to in subparagraph 
(A) are the following: 
‘‘(i) Travel to and from the inactive-duty 
training site of the member, pursuant to orders 
or regulations. 
‘‘(ii) Intervals between consecutive periods 
of inactive-duty training on the same day, pur-
suant to orders or regulations. 
‘‘(iii) Intervals between inactive-duty train-
ing on consecutive days, pursuant to orders or 
regulations.’’. 
SEC. 6003. STAFF JUDGE ADVOCATE DISQUALIFICATION 
DUE TO PRIOR INVOLVEMENT IN CASE. 
Subsection (c) of section 806 of title 10, United 
States Code (article 6 of the Uniform Code of Military 
Justice), is amended to read as follows: 
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‘‘(c)(1) No person who, with respect to a case, serves 
in a capacity specified in paragraph (2) may later serve 
as a staff judge advocate or legal officer to any reviewing 
or convening authority upon the same case. 
‘‘(2) The capacities referred to in paragraph (1) are, 
with respect to the case involved, any of the following: 
‘‘(A) Preliminary hearing officer, court member, 
military judge, military magistrate, or appellate 
judge. 
‘‘(B) Counsel who have acted in the same case 
or appeared in any proceeding before a military 
judge, military magistrate, preliminary hearing offi-
cer, or appellate court.’’. 
SEC. 6004. CONFORMING AMENDMENT RELATING TO MILI-
TARY MAGISTRATES. 
The first sentence of section 806a(a) of title 10, 
United States Code (article 6a(a) of the Uniform Code 
of Military Justice), is amended by striking ‘‘military 
judge’’ and all that follows through the end of the sentence 
and inserting ‘‘military appellate judge, military judge, or 
military magistrate to perform the duties of the position 
involved.’’. 
SEC. 6005. RIGHTS OF VICTIM. 
(a) DESIGNATION OF REPRESENTATIVE.—Subsection 
(c) of section 806b of title 10, United States Code (article 
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6b of the Uniform Code of Military Justice), is amended 
in the first sentence by striking ‘‘the military judge’’ and 
all that follows through the end of the sentence and insert-
ing the following: ‘‘the legal guardians of the victim or 
the representatives of the victim’s estate, family members, 
or any other person designated as suitable by the military 
judge, may assume the rights of the victim under this sec-
tion.’’. 
(b) RULE
OF CONSTRUCTION.—Subsection (d) of 
such section (article) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) to impair the exercise of discretion under 
sections 830 and 834 of this title (articles 30 and 
34).’’. 
(c) INTERVIEW OF VICTIM.—Such section (article) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) COUNSEL FOR ACCUSED INTERVIEW OF VICTIM 
OF ALLEGED OFFENSE.—(1) Upon notice by counsel for 
the Government to counsel for the accused of the name 
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of an alleged victim of an offense under this chapter who 
counsel for the Government intends to call as a witness 
at a proceeding under this chapter, counsel for the accused 
shall make any request to interview the victim through the 
Special Victim’s Counsel or other counsel for the victim, 
if applicable. 
‘‘(2) If requested by an alleged victim who is subject 
to a request for interview under paragraph (1), any inter-
view of the victim by counsel for the accused shall take 
place only in the presence of the counsel for the Govern-
ment, a counsel for the victim, or, if applicable, a victim 
advocate.’’. 
TITLE LXI—APPREHENSION AND 
RESTRAINT 
SEC. 6101. RESTRAINT OF PERSONS CHARGED. 
Section 810 of title 10, United States Code (article 
10 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 810. Art. 10. Restraint of person charged 
‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), 
any person subject to this chapter who is charged with 
an offense under this chapter may be ordered into arrest 
or confinement as the circumstances require. 
‘‘(2) When a person subject to this chapter is charged 
only with an offense that is normally tried by summary 
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‘‘(2) A violation of subsection (a) or (b) of sec-
tion 920b of this title (article 120b). 
‘‘(3) An attempt to commit an offense specified 
in paragraph (1) or (2) that is punishable under sec-
tion 880 of this title (article 80).’’. 
SEC. 6303. JURISDICTION OF SPECIAL COURTS-MARTIAL. 
Section 819 of title 10, United States Code (article 
19 of the Uniform Code of Military Justice), is amended— 
(1) by striking ‘‘Subject to’’ in the first sen-
tence and inserting the following: 
‘‘(a) IN GENERAL.—Subject to’’; 
(2) by striking ‘‘A bad-conduct discharge’’ and 
all that follows through the end; and 
(3) by adding after subsection (a), as des-
ignated by paragraph (1), the following new sub-
sections: 
‘‘(b) ADDITIONAL LIMITATION.—Neither a bad-con-
duct discharge, nor confinement for more than six months, 
nor forfeiture of pay for more than six months may be 
adjudged if charges and specifications are referred to a 
special court-martial consisting of a military judge alone 
under 
section 
816(c)(2)(A) 
of 
this 
title 
(article 
16(c)(2)(A)). 
‘‘(c) MILITARY MAGISTRATE.—If charges and speci-
fications are referred to a special court-martial consisting 
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of a military judge alone under section 816(c)(2)(A) of 
this title (article 16(c)(2)(A)), the military judge, with the 
consent of the parties, may designate a military mag-
istrate to preside over the special court-martial.’’. 
SEC. 6304. SUMMARY COURT-MARTIAL AS NON-CRIMINAL 
FORUM. 
Section 820 of title 10, United States Code (article 
20 of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Subject to’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) NON-CRIMINAL FORUM.—A summary court- 
martial is a non-criminal forum. A finding of guilty at a 
summary court-martial does not constitute a criminal con-
viction.’’. 
TITLE LXIV—COMPOSITION OF 
COURTS-MARTIAL 
SEC. 6401. TECHNICAL AMENDMENT RELATING TO PER-
SONS AUTHORIZED TO CONVENE GENERAL 
COURTS-MARTIAL. 
Section 822(a)(6) of title 10, United States Code (ar-
ticle 22(a)(6) of the Uniform Code of Military Justice), 
is amended by striking ‘‘in chief’’. 
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SEC. 6402. WHO MAY SERVE ON COURTS-MARTIAL; DETAIL 
OF MEMBERS. 
(a) WHO MAY SERVE ON COURTS-MARTIAL.—Sub-
section (c) of section 825 of title 10, United States Code 
(article 25 of the Uniform Code of Military Justice), is 
amended to read as follows: 
‘‘(c)(1) Any enlisted member on active duty is eligible 
to serve on a general or special court-martial for the trial 
of any other enlisted member. 
‘‘(2) Before a court-martial with a military judge and 
members is assembled for trial, an enlisted member who 
is an accused may personally request, orally on the record 
or in writing, that— 
‘‘(A) the membership of the court-martial be 
comprised entirely of officers; or 
‘‘(B) enlisted members comprise at least one- 
third of the membership of the court-martial, re-
gardless of whether enlisted members have been de-
tailed to the court-martial. 
‘‘(3) Except as provided in paragraph (4), after such 
a request, the accused may not be tried by a general or 
special court-martial if the membership of the court-mar-
tial is inconsistent with the request. 
‘‘(4) If, because of physical conditions or military ex-
igencies, a sufficient number of eligible officers or enlisted 
members, as the case may be, are not available to carry 
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out paragraph (2), the trial may nevertheless be held. In 
that event, the convening authority shall make a detailed 
written statement of the reasons for nonavailability. The 
statement shall be appended to the record.’’. 
(b) DETAIL OF MEMBERS.—Subsection (d) of such 
section (article) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) The convening authority shall detail not 
less than the number of members necessary to im-
panel the court-martial under section 829 of this 
title (article 29).’’. 
SEC. 6403. NUMBER OF COURT-MARTIAL MEMBERS IN CAP-
ITAL CASES. 
Section 825a of title 10, United States Code (article 
25a of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 825a. Art. 25a. Number of court-martial members 
in capital cases 
‘‘(a) IN GENERAL.—In a case in which the accused 
may be sentenced to death, the number of members shall 
be 12. 
‘‘(b) CASE NO LONGER CAPITAL.—Subject to section 
829 of this title (article 29)— 
‘‘(1) if a case is referred for trial as a capital 
case and, before the members are impaneled, the ac-
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cused may no longer be sentenced to death, the 
number of members shall be eight; and 
‘‘(2) if a case is referred for trial as a capital 
case and, after the members are impaneled, the ac-
cused may no longer be sentenced to death, the 
number of members shall remain 12.’’. 
SEC. 6404. DETAILING, QUALIFICATIONS, ETC. OF MILITARY 
JUDGES. 
(a) SPECIAL COURTS-MARTIAL.—Subsection (a) of 
section 826 of title 10, United States Code (article 26 of 
the Uniform Code of Military Justice), is amended— 
(1) in the first sentence, by inserting after 
‘‘each general’’ the following: ‘‘and special’’; and 
(2) by striking the second sentence. 
(b) QUALIFICATIONS.—Subsection (b) of such section 
(article) is amended by striking ‘‘qualified for duty’’ and 
inserting ‘‘qualified, by reason of education, training, ex-
perience, and judicial temperament, for duty’’. 
(c) DETAIL AND ASSIGNMENT.—Subsection (c) of 
such section (article) is amended to read as follows: 
‘‘(c)(1) In accordance with regulations prescribed 
under subsection (a), a military judge of a general or spe-
cial court-martial shall be designated for detail by the 
Judge Advocate General of the armed force of which the 
military judge is a member. 
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