(x) in paragraph (15), by striking ‘‘by 
death or such other punishment’’; 
(xi) in paragraph (17), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xii) in paragraph (23), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiii) in paragraph (24), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiv) in paragraph (27), by striking 
‘‘by death or such other punishment’’; and 
(xv) in paragraph (28), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’. 
(3) JURISDICTIONAL
AND
PROCEDURAL
MAT-
TERS.— 
(A) DISMISSED OFFICER’S RIGHT TO TRIAL 
BY
COURT-MARTIAL.—Section 804(a) of title 
10, United States Code (article 4(a) of the Uni-
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form Code of Military Justice), is amended by 
striking ‘‘or death’’. 
(B) COURTS-MARTIAL
CLASSIFIED.—Sec-
tion 816(1)(A) of title 10, United States Code 
(article 10(1)(A)), is amended by striking ‘‘or, 
in a case in which the accused may be sen-
tenced to a penalty of death’’ and all that fol-
lows through ‘‘(article 25a)’’. 
(C) JURISDICTION OF GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United 
States Code (article 18), is amended— 
(i) in the first sentence by striking 
‘‘including the penalty of death when spe-
cifically authorized by this chapter’’ and 
inserting ‘‘except death’’; and 
(ii) by striking the third sentence. 
(D) JURISDICTION
OF
SPECIAL
COURTS- 
MARTIAL.—Section 819 of title 10, United 
States Code (article 19), is amended in the first 
sentence by striking ‘‘for any noncapital of-
fense’’ and all that follows and inserting ‘‘for 
any offense made punishable by this chapter.’’. 
(E) JURISDICTION OF SUMMARY COURTS- 
MARTIAL.—Section 820 of title 10, United 
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States Code (article 20), is amended in the first 
sentence by striking ‘‘noncapital’’. 
(F) NUMBER
OF
MEMBERS
IN
CAPITAL 
CASES.— 
(i) IN
GENERAL.—Section 825a of 
title 10, United States Code (article 25a), 
is repealed. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
chapter V of chapter 47 of title 10, United 
States Code, is amended by striking the 
item relating to section 825a (article 25a). 
(G) ABSENT
AND
ADDITIONAL
MEM-
BERS.—Section 829(b)(2) of title 10, United 
States Code (article 29(b)(2)), is amended by 
striking ‘‘or, in a case in which the death pen-
alty may be adjudged’’ and all that follows and 
inserting a period. 
(H) STATUTE
OF
LIMITATIONS.—Sub-
section (a) of section 843 of title 10, United 
States Code (article 43), is amended to read as 
follows: 
‘‘(a)(1) A person charged with an offense described 
in paragraph (2) may be tried and punished at any time 
without limitation. 
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‘‘(2) An offense described in this paragraph is any 
offense as follows: 
‘‘(A) Absence without leave or missing move-
ment in time of war. 
‘‘(B) Murder. 
‘‘(C) Rape. 
‘‘(D) A violation of section 881 of this title (ar-
ticle 81) that results in death to one or more of the 
victims. 
‘‘(E) Desertion or attempt to desert in time of 
war. 
‘‘(F) A violation of section 890 of this title (ar-
ticle 90) committed in time of war. 
‘‘(G) Attempted mutiny, mutiny, sedition, or 
failure to suppress or report a mutiny or sedition. 
‘‘(H) A violation of section 899 of this title (ar-
ticle 99). 
‘‘(I) A violation of section 900 of this title (arti-
cle 100). 
‘‘(J) A violation of section 901 of this title (ar-
ticle 101). 
‘‘(K) A violation of section 902 of this title (ar-
ticle 102). 
‘‘(L) A violation of section 904 of this title (ar-
ticle 104). 
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‘‘(M) A violation of section 906 of this title (ar-
ticle 106). 
‘‘(N) A violation of section 906a of this title 
(article 106a). 
‘‘(O) A violation of section 910 of this title (ar-
ticle 110) in which the person subject to this chapter 
willfully and wrongfully hazarded or suffered to be 
hazarded any vessel of the Armed Forces. 
‘‘(P) A violation of section 913 of this title (ar-
ticle 113) committed in time of war.’’. 
(I) PLEAS OF ACCUSED.—Section 845(b) 
of title 10, United States Code (article 45(b)), 
is amended— 
(i) by striking the first sentence; and 
(ii) by striking ‘‘With respect to any 
other charge’’ and inserting ‘‘With respect 
to any charge’’. 
(J) DEPOSITIONS.—Section 849 of title 
10, United States Code (article 49), is amend-
ed— 
(i) in subsection (d), by striking ‘‘in 
any case not capital’’; and 
(ii) by striking subsections (e) and (f). 
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(K) 
ADMISSIBILITY
OF
RECORDS
OF 
COURTS OF INQUIRY.—Section 850 of title 10, 
United States Code (article 50), is amended— 
(i) in subsection (a), by striking ‘‘not 
capital and’’; and 
(ii) in subsection (b), by striking 
‘‘capital cases or’’. 
(L) NUMBER
OF
VOTES
REQUIRED
FOR 
CONVICTION AND SENTENCING BY COURT-MAR-
TIAL.—Section 852 of title 10, United States 
Code (article 52), is amended— 
(i) in subsection (a)— 
(I) by striking paragraph (1); 
(II) by redesignating paragraph 
(2) as subsection (a); and 
(III) by striking ‘‘any other of-
fense’’ and inserting ‘‘any offense’’; 
and 
(ii) in subsection (b)— 
(I) by striking paragraph (1); 
and 
(II) by redesignating paragraphs 
(2) and (3) as paragraphs (1) and 
(2), respectively. 
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(i) in the matter preceding paragraph 
(1), by inserting ‘‘in which’’ after ‘‘court- 
martial’’; 
(ii) in paragraph (1), by striking ‘‘in 
which the sentence, as approved, extends 
to death,’’ and inserting ‘‘the sentence, as 
approved, extends to’’; and 
(iii) in paragraph (2), by striking ‘‘ex-
cept in the case of a sentence extending to 
death,’’. 
(Q) REVIEW BY COURT OF APPEALS FOR 
THE ARMED FORCES.—Section 867(a) of title 
10, United States Code (article 67(a)), is 
amended— 
(i) by striking paragraph (1); and 
(ii) by redesignating paragraphs (2) 
and (3) as paragraphs (1) and (2), respec-
tively. 
(R) EXECUTION
OF
SENTENCE.—Section 
871 of title 10, United States Code (article 71), 
is amended— 
(i) by striking subsection (a); 
(ii) by redesignating subsection (b) as 
subsection (a); 
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(iii) by striking subsection (c) and in-
serting the following: 
‘‘(b)(1) If a sentence extends to dismissal or a dishon-
orable or bad conduct discharge and if the right of the 
accused to appellate review is not waived, and an appeal 
is not withdrawn, under section 861 of this title (article 
61), that part of the sentence extending to dismissal or 
a dishonorable or bad conduct discharge may not be exe-
cuted until there is a final judgment as to the legality of 
the proceedings (and with respect to dismissal, approval 
under subsection (a)). A judgment as to legality of the 
proceedings is final in such cases when review is completed 
by a Court of Criminal Appeals and— 
‘‘(A) 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; 
‘‘(B) such a petition is rejected by the 
Court of Appeals for the Armed Forces; or 
‘‘(C) review is completed in accordance 
with the judgment of the Court of Appeals for 
the Armed Forces and— 
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‘‘(i) a petition for a writ of certiorari 
is not filed within the time limits pre-
scribed 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) If a sentence extends to dismissal or a dishonor-
able or bad conduct discharge and if the right of the ac-
cused to appellate review is waived, or an appeal is with-
drawn, under section 861 of this title (article 61), that 
part of the sentence extending to dismissal or a bad con-
duct or dishonorable discharge may not be executed until 
review of the case by a judge advocate (and any action 
on that review) under section 864 of this title (article 64) 
is completed. Any other part of a court-martial sentence 
may be ordered executed by the convening authority or 
other person acting on the case under section 860 of this 
title (article 60) when approved by him under that sec-
tion.’’; 
(iv) by redesignating subsection (d) as 
subsection (c); and 
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