1422 
ing any session under section 839(a) of this title (article 
39(a)) may be held over the objection of the accused— 
‘‘(A) with respect to a general court-martial, 
from the time of service through the fifth day after 
the date of service; or 
‘‘(B) with respect to a special court-martial, 
from the time of service through the third day after 
the date of service. 
‘‘(2) An objection under paragraph (1) may be raised 
only at the first session of the trial or other proceeding 
and only if the first session occurs before the end of the 
applicable period under paragraph (1)(A) or (1)(B). If the 
first session occurs before the end of the applicable period, 
the military judge shall, at that session, inquire as to 
whether the defense objects under this subsection. 
‘‘(3) This subsection shall not apply in time of war.’’. 
TITLE LXVI—TRIAL PROCEDURE 
SEC. 6601. DUTIES OF ASSISTANT DEFENSE COUNSEL. 
Subsection (e) of section 838 of title 10, United 
States Code (article 38 of the Uniform Code of Military 
Justice), is amended by striking ‘‘, under the direction’’ 
and all that follows through ‘‘(article 27),’’. 
SEC. 6602. SESSIONS. 
Section 839 of title 10, United States Code (article 
39 of the Uniform Code of Military Justice), is amended—
1423 
(1) in subsection (a)— 
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by striking paragraph (3) and insert-
ing the following new paragraphs: 
‘‘(3) holding the arraignment and receiving the 
pleas of the accused; 
‘‘(4) conducting a sentencing proceeding and 
sentencing the accused; and’’; and 
(2) in the second sentence of subsection (c), by 
striking ‘‘, in cases in which a military judge has 
been detailed to the court,’’. 
SEC. 6603. TECHNICAL AMENDMENT RELATING TO CON-
TINUANCES. 
Section 840 of title 10, United States Code (article 
40 of the Uniform Code of Military Justice), is amended 
by striking ‘‘court-martial without a military judge’’ and 
inserting ‘‘summary court-martial’’. 
SEC. 6604. CONFORMING AMENDMENTS RELATING TO 
CHALLENGES. 
Section 841 of title 10, United States Code (article 
41 of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)(1), by striking ‘‘, or, if 
none, the court,’’ in the second sentence;
1424 
(2) in subsection (a)(2) by striking ‘‘minimum’’ 
in the first sentence; and 
(3) in subsection (b)(2), by striking ‘‘min-
imum’’. 
SEC. 6605. STATUTE OF LIMITATIONS. 
(a) INCREASE IN PERIOD FOR CHILD ABUSE OF-
FENSES.—Subsection (b)(2)(A) of section 843 of title 10, 
United States Code (article 43 of the Uniform Code of 
Military Justice), is amended by striking ‘‘five years’’ and 
inserting ‘‘ten years’’. 
(b) INCREASE IN PERIOD FOR FRAUDULENT ENLIST-
MENT OR APPOINTMENT OFFENSES.—Such section (arti-
cle) is further amended by adding at the end the following 
new subsection: 
‘‘(h) FRAUDULENT
ENLISTMENT
OR
APPOINT-
MENT.—A person charged with fraudulent enlistment or 
fraudulent appointment under section 904a(1) of this title 
(article 104a(1)) may be tried by court-martial if the 
sworn charges and specifications are received by an officer 
exercising summary court-martial jurisdiction with respect 
to that person, as follows: 
‘‘(1) In the case of an enlisted member, during 
the period of the enlistment or five years, whichever 
provides a longer period.
1425 
‘‘(2) In the case of an officer, during the period 
of the appointment or five years, whichever provides 
a longer period.’’. 
(c) DNA EVIDENCE.—Such section (article), as 
amended by subsection (b), is further amended by adding 
at the end the following new subsection: 
‘‘(i) DNA EVIDENCE.—If DNA testing implicates an 
identified person in the commission of an offense punish-
able by confinement for more than one year, no statute 
of limitations that would otherwise preclude prosecution 
of the offense shall preclude such prosecution until a pe-
riod of time following the implication of the person by 
DNA testing has elapsed that is equal to the otherwise 
applicable limitation period.’’. 
(d) CONFORMING AMENDMENTS.—Such section (ar-
ticle) is further amended in subsection (b)(2)(B) by strik-
ing clauses (i) through (v) and inserting the following: 
‘‘(i) Any offense in violation of section 
920, 920a, 920b, 920c, or 930 of this title 
(article 120, 120a, 120b, 120c, or 130), 
unless the offense is covered by subsection 
(a). 
‘‘(ii) Maiming in violation of section 
928a of this title (article 128a).
1426 
‘‘(iii) Aggravated assault, assault con-
summated by a battery, or assault with in-
tent to commit specified offenses in viola-
tion of section 928 of this title (article 
128). 
‘‘(iv) Kidnapping in violation of sec-
tion 925 of this title (article 125).’’. 
(e) APPLICATION.—The amendments made by sub-
sections (a), (b), (c), and (d) shall apply to the prosecution 
of any offense committed before, on, or after the date of 
the enactment of this subsection if the applicable limita-
tion period has not yet expired. 
SEC. 6606. FORMER JEOPARDY. 
Subsection (c) of section 844 of title 10, United 
States Code (article 44 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘(c)(1) A court-martial with a military judge alone 
is a trial in the sense of this section (article) if, without 
fault of the accused— 
‘‘(A) after introduction of evidence; and 
‘‘(B) before announcement of findings under 
section 853 of this title (article 53); 
the case is dismissed or terminated by the convening 
authority or on motion of the prosecution for failure 
of available evidence or witnesses.
1427 
‘‘(2) A court-martial with a military judge and 
members is a trial in the sense of this section (arti-
cle) if, without fault of the accused— 
‘‘(A) after the members, having taken an 
oath as members under section 842 of this title 
(article 42) and after completion of challenges 
under section 841 of this title (article 41), are 
impaneled; and 
‘‘(B) before announcement of findings 
under section 853 of this title (article 53); 
the case is dismissed or terminated by the convening 
authority or on motion of the prosecution for failure 
of available evidence or witnesses.’’. 
SEC. 6607. PLEAS OF THE ACCUSED. 
(a) PLEAS OF GUILTY.—Subsection (b) of section 
845 of title 10, United States Code (article 45 of the Uni-
form Code of Military Justice), is amended— 
(1) in the first sentence, by striking ‘‘may be 
adjudged’’ and inserting ‘‘is mandatory’’; and 
(2) in the second sentence— 
(A) by striking ‘‘or by a court-martial 
without a military judge’’; and 
(B) by striking ‘‘, if permitted by regula-
tions of the Secretary concerned,’’.
1428 
(b) HARMLESS ERROR.—Such section (article) is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(c) HARMLESS ERROR.—A variance from the re-
quirements of this article is harmless error if the variance 
does not materially prejudice the substantial rights of the 
accused.’’. 
SEC. 6608. CONTEMPT. 
(a) AUTHORITY TO PUNISH.—Subsection (a) of sec-
tion 848 of title 10, United States Code (article 48 of the 
Uniform Code of Military Justice), is amended to read as 
follows: 
‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to 
any proceeding under this chapter, a judicial officer speci-
fied in paragraph (2) may punish for contempt any person 
who— 
‘‘(A) uses any menacing word, sign, or gesture 
in the presence of the judicial officer during the pro-
ceeding; 
‘‘(B) disturbs the proceeding by any riot or dis-
order; or 
‘‘(C) willfully disobeys a lawful writ, process, 
order, rule, decree, or command issued with respect 
to the proceeding.
1429 
‘‘(2) A judicial officer referred to in paragraph (1) 
is any of the following: 
‘‘(A) Any judge of the Court of Appeals for the 
Armed Forces and any judge of a Court of Criminal 
Appeals under section 866 of this title (article 66). 
‘‘(B) Any military judge detailed to a court- 
martial, a provost court, a military commission, or 
any other proceeding under this chapter. 
‘‘(C) Any military magistrate designated to pre-
side under section 819 of this title (article 19).’’. 
(b) REVIEW.—Such section (article) is further 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) REVIEW.—A punishment under this section— 
‘‘(1) if imposed by a military judge or military 
magistrate, may be reviewed by the Court of Crimi-
nal Appeals in accordance with the uniform rules of 
procedure for the Courts of Criminal Appeals under 
section 866(g) of this title (article 66(g)); and 
‘‘(2) if imposed by a judge of the Court of Ap-
peals for the Armed Forces or a judge of a Court 
of Criminal Appeals, shall constitute a judgment of
1430 
the court, subject to review under the applicable pro-
visions of section 867 or 867a of this title (article 
67 or 67a).’’. 
(c) SECTION HEADING.—The heading for such sec-
tion (article) is amended to read as follows: 
‘‘§ 848. Art. 48. Contempt’’. 
SEC. 6609. DEPOSITIONS. 
Section 849 of title 10, United States Code (article 
49 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 849. Art. 49. Depositions 
‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), a 
convening authority or a military judge may order deposi-
tions at the request of any party. 
‘‘(2) A deposition may be ordered under paragraph 
(1) only if the requesting party demonstrates that, due 
to exceptional circumstances, it is in the interest of justice 
that the testimony of a prospective witness be preserved 
for use at a court-martial, military commission, court of 
inquiry, or other military court or board. 
‘‘(3) A party who requests a deposition under this 
section shall give to every other party reasonable written 
notice of the time and place for the deposition.
1431 
‘‘(4) A deposition under this section shall be taken 
before, and authenticated by, an impartial officer, as fol-
lows: 
‘‘(A) Whenever practicable, by an impartial 
judge advocate certified under section 827(b) of this 
title (article 27(b)). 
‘‘(B) In exceptional circumstances, by an im-
partial military or civil officer authorized to admin-
ister oaths by (i) the laws of the United States or 
(ii) the laws of the place where the deposition is 
taken. 
‘‘(b) REPRESENTATION BY COUNSEL.—Representa-
tion of the parties with respect to a deposition shall be 
by counsel detailed in the same manner as trial counsel 
and defense counsel are detailed under section 827 of this 
title (article 27). In addition, the accused shall have the 
right to be represented by civilian or military counsel in 
the same manner as such counsel are provided for in sec-
tion 838(b) of this title (article 38(b)). 
‘‘(c) ADMISSIBILITY AND USE AS EVIDENCE.—A dep-
osition order under subsection (a) does not control the ad-
missibility of the deposition in a court-martial or other 
proceeding under this chapter. Except as provided by sub-
section (d), a party may use all or part of a deposition 
as provided by the rules of evidence.
1432 
‘‘(d) CAPITAL CASES.—Testimony by deposition may 
be presented in capital cases only by the defense.’’. 
SEC. 6610. ADMISSIBILITY OF SWORN TESTIMONY BY 
AUDIOTAPE OR VIDEOTAPE FROM RECORDS 
OF COURTS OF INQUIRY. 
(a) IN GENERAL.—Section 850 of title 10, United 
States Code (article 50 of the Uniform Code of Military 
Justice), is amended by adding at the end the following 
new subsection: 
‘‘(d) AUDIOTAPE OR VIDEOTAPE.—Sworn testimony 
that— 
‘‘(1) is recorded by audiotape, videotape, or 
similar method; and 
‘‘(2) is contained in the duly authenticated 
record of proceedings of a court of inquiry; 
is admissible before a court-martial, military commission, 
court of inquiry, or military board, to the same extent as 
sworn testimony may be read in evidence before any such 
body under subsection (a), (b), or (c).’’. 
(b) SECTION HEADING.—The heading for such sec-
tion (article) is amended to read as follows:
1433 
‘‘§ 850. Art. 50. Admissibility of sworn testimony from 
records of courts of inquiry’’. 
SEC. 6611. CONFORMING AMENDMENT RELATING TO DE-
FENSE OF LACK OF MENTAL RESPONSI-
BILITY. 
Section 850a(c) of title 10, United States Code (arti-
cle 50a(c) of the Uniform Code of Military Justice), is 
amended by striking ‘‘, or the president of a court-martial 
without a military judge,’’. 
SEC. 6612. VOTING AND RULINGS. 
Section 851 of title 10, United States Code (article 
51 of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a), by striking ‘‘, and by 
members of a court-martial without a military judge 
upon questions of challenge,’’ in the first sentence; 
(2) in subsection (b)— 
(A) by striking ‘‘and, except for questions 
of challenge, the president of a court-martial 
without a military judge’’ in the first sentence; 
and 
(B) by striking ‘‘, or by the president’’ in 
the second sentence and all that follows through 
the end of the subsection and inserting ‘‘is final 
and constitutes the ruling of the court, except 
that the military judge may change a ruling at 
any time during trial.’’; and
1434 
(3) in subsection (c), by striking ‘‘or the presi-
dent of a court-martial without a military judge’’ in 
the matter before paragraph (1). 
SEC. 6613. VOTES REQUIRED FOR CONVICTION, SEN-
TENCING, AND OTHER MATTERS. 
Section 852 of title 10, United States Code (article 
52 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 852. Art. 52. Votes required for conviction, sen-
tencing, and other matters 
‘‘(a) IN GENERAL.—No person may be convicted of 
an offense in a general or special court-martial, other 
than— 
‘‘(1) after a plea of guilty under section 845(b) 
of this title (article 45(b)); 
‘‘(2) by a military judge in a court-martial with 
a military judge alone, under section 816 of this title 
(article 16); or 
‘‘(3) in a court-martial with members under 
section 816 of this title (article 16), by the concur-
rence of at least three-fourths of the members 
present when the vote is taken. 
‘‘(b) LEVEL OF CONCURRENCE REQUIRED.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (a) and in paragraph (2), all matters to be
1435 
decided by members of a general or special court- 
martial shall be determined by a majority vote, but 
a reconsideration of a finding of guilty or reconsider-
ation of a sentence, with a view toward decreasing 
the sentence, may be made by any lesser vote which 
indicates that the reconsideration is not opposed by 
the number of votes required for that finding or sen-
tence. 
‘‘(2) SENTENCING.—A sentence of death re-
quires (A) a unanimous finding of guilty of an of-
fense in this chapter expressly made punishable by 
death and (B) a unanimous determination by the 
members that the sentence for that offense shall in-
clude death. All other sentences imposed by mem-
bers shall be determined by the concurrence of at 
least three-fourths of the members present when the 
vote is taken.’’. 
SEC. 6614. PLEA AGREEMENTS. 
Subchapter VII of chapter 47 of title 10, United 
States Code, is amended by inserting after section 853 
(article 53 of the Uniform Code of Military Justice) the 
following: 
‘‘§ 853a. Art. 53a. Plea agreements 
‘‘(a) IN GENERAL.—(1) At any time before the an-
nouncement of findings under section 853 of this title (ar-
1436 
ticle 53), the convening authority and the accused may 
enter into a plea agreement with respect to such matters 
as— 
‘‘(A) the manner in which the convening au-
thority will dispose of one or more charges and spec-
ifications; and 
‘‘(B) limitations on the sentence that may be 
adjudged for one or more charges and specifications. 
‘‘(2) The military judge of a general or special court- 
martial may not participate in discussions between the 
parties concerning prospective terms and conditions of a 
plea agreement. 
‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject 
to subsection (c), the military judge of a general or special 
court-martial shall accept a plea agreement submitted by 
the parties, except that the military judge may reject a 
plea agreement that proposes a sentence if the military 
judge determines that the proposed sentence is plainly un-
reasonable. 
‘‘(c) LIMITATION ON ACCEPTANCE OF PLEA AGREE-
MENTS.—The military judge of a general or special court- 
martial shall reject a plea agreement that— 
‘‘(1) contains a provision that has not been ac-
cepted by both parties;
1437 
‘‘(2) contains a provision that is not understood 
by the accused; or 
‘‘(3) except as provided in subsection (d), con-
tains a provision for a sentence that is less than the 
mandatory minimum sentence applicable to an of-
fense referred to in section 856(b)(2) of this title 
(article 56(b)(2)). 
‘‘(d) LIMITED CONDITIONS
FOR ACCEPTANCE
OF 
PLEA AGREEMENT FOR SENTENCE BELOW MANDATORY 
MINIMUM FOR CERTAIN OFFENSES.—With respect to an 
offense referred to in section 856(b)(2) of this title (article 
56(b)(2))— 
‘‘(1) the military judge may accept a plea 
agreement that provides for a sentence of bad con-
duct discharge; and 
‘‘(2) upon recommendation of the trial counsel, 
in exchange for substantial assistance by the accused 
in the investigation or prosecution of another person 
who has committed an offense, the military judge 
may accept a plea agreement that provides for a 
sentence that is less than the mandatory minimum 
sentence for the offense charged. 
‘‘(e) BINDING EFFECT
OF PLEA AGREEMENT.— 
Upon acceptance by the military judge of a general or spe-
1439 
‘‘(c) CONTENTS OF RECORD.—(1) Except as pro-
vided in paragraph (2), the record shall contain such mat-
ters as the President may prescribe by regulation. 
‘‘(2) In accordance with regulations prescribed by the 
President, a complete record of proceedings and testimony 
shall be prepared in any case of a sentence of death, dis-
missal, discharge, confinement for more than six months, 
or forfeiture of pay for more than six months.’’. 
(4) in subsection (d)— 
(A) by striking ‘‘(d) A copy’’ and inserting 
‘‘(d) EVIDENCE.—A copy’’; and 
(B) by striking ‘‘authenticated’’ and insert-
ing ‘‘certified’’; and 
(5) in subsection (e)— 
(A) by striking ‘‘involving a sexual assault 
or other offense covered by section 920 of this 
title (article 120)’’ in the first sentence and in-
serting ‘‘upon request,’’; and 
(B) by striking ‘‘authenticated’’ in the sec-
ond sentence and inserting ‘‘certified’’. 
TITLE LXVII—SENTENCES 
SEC. 6701. SENTENCING. 
(a) IN GENERAL.—Section 856 of title 10, United 
States Code (article 56 of the Uniform Code of Military 
Justice), is amended to read as follows:
1440 
‘‘§ 856. Art. 56. Sentencing 
‘‘(a) SENTENCE MAXIMUMS.—The punishment which 
a court-martial may direct for an offense may not exceed 
such limits as the President may prescribe for that of-
fense. 
‘‘(b) SENTENCE
MINIMUMS
FOR
CERTAIN
OF-
FENSES.—(1) Except as provided in subsection (d) of sec-
tion 853a of this title (article 53a), punishment for any 
offense specified in paragraph (2) shall include dismissal 
or dishonorable discharge, as applicable. 
‘‘(2) The offenses referred to in paragraph (1) are 
as follows: 
‘‘(A) Rape under subsection (a) of section 920 
of this title (article 120). 
‘‘(B) Sexual assault under subsection (b) of 
such section (article). 
‘‘(C) Rape of a child under subsection (a) of 
section 920b of this title (article 120b). 
‘‘(D) Sexual assault of a child under subsection 
(b) of such section (article). 
‘‘(E) An attempt to commit an offense specified 
in subparagraph (A), (B), (C), or (D) that is pun-
ishable under section 880 of this title (article 80). 
‘‘(F) Conspiracy to commit an offense specified 
in subparagraph (A), (B), (C), or (D) that is pun-
ishable under section 881 of this title (article 81).
1441 
‘‘(c) IMPOSITION OF SENTENCE.— 
‘‘(1) IN GENERAL.—In sentencing an accused 
under section 853 of this title (article 53), a court- 
martial shall impose punishment that is sufficient, 
but not greater than necessary, to promote justice 
and to maintain good order and discipline in the 
armed forces, taking into consideration— 
‘‘(A) the nature and circumstances of the 
offense and the history and characteristics of 
the accused; 
‘‘(B) the impact of the offense on— 
‘‘(i) the financial, social, psychological, 
or medical well-being of any victim of the 
offense; and 
‘‘(ii) the mission, discipline, or effi-
ciency of the command of the accused and 
any victim of the offense; 
‘‘(C) the need for the sentence— 
‘‘(i) to reflect the seriousness of the 
offense; 
‘‘(ii) to promote respect for the law; 
‘‘(iii) to provide just punishment for 
the offense; 
‘‘(iv) to promote adequate deterrence 
of misconduct;
1442 
‘‘(v) to protect others from further 
crimes by the accused; 
‘‘(vi) to rehabilitate the accused; and 
‘‘(vii) to provide, in appropriate cases, 
the opportunity for retraining and return 
to duty to meet the needs of the service; 
and 
‘‘(D) the sentences available under this 
chapter. 
‘‘(2) OFFENSE
BASED
SENTENCING
IN
GEN-
ERAL AND SPECIAL COURTS-MARTIAL.—In announc-
ing the sentence under section 853 of this title (arti-
cle 53) in a general or special court-martial, the 
court-martial shall, with respect to each offense of 
which the accused is found guilty, specify the term 
of confinement, if any, and the amount of the fine, 
if any. If the accused is sentenced to confinement 
for more than one offense, the court-martial shall 
specify whether the terms of confinement are to run 
consecutively or concurrently. 
‘‘(3) SENTENCE OF CONFINEMENT FOR LIFE 
WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of-
fense is subject to a sentence of confinement for life, 
a court-martial may impose a sentence of confine-
ment for life without eligibility for parole.
1443 
‘‘(B) An accused who is sentenced to confine-
ment for life without eligibility for parole shall be 
confined for the remainder of the accused’s life un-
less— 
‘‘(i) the sentence is set aside or otherwise 
modified as a result of— 
‘‘(I) action taken by the convening au-
thority or the Secretary concerned; or 
‘‘(II) any other action taken during 
post-trial procedure and review under any 
other provision of subchapter IX of this 
chapter; 
‘‘(ii) the sentence is set aside or otherwise 
modified as a result of action taken by a Court 
of Criminal Appeals, the Court of Appeals for 
the Armed Forces, or the Supreme Court; or 
‘‘(iii) the accused is pardoned. 
‘‘(d) APPEAL
OF
SENTENCE
BY
THE
UNITED 
STATES.—(1) With the approval of the Judge Advocate 
General concerned, the Government may appeal a sentence 
to the Court of Criminal Appeals, on the grounds that— 
‘‘(A) the sentence violates the law; or 
‘‘(B) the sentence is plainly unreasonable. 
‘‘(2) An appeal under this subsection must be filed 
within 60 days after the date on which the judgment of
1444 
a court-martial is entered into the record under section 
860c of this title (article 60c).’’. 
(b) CONFORMING AMENDMENT.—Section 856a of 
title 10, United States Code (article 56a of the Uniform 
Code of Military Justice), is repealed. 
SEC. 6701A. MINIMUM CONFINEMENT PERIOD REQUIRED 
FOR CONVICTION OF CERTAIN SEX-RELATED 
OFFENSES COMMITTED BY MEMBERS OF THE 
ARMED FORCES. 
(a) MANDATORY PUNISHMENTS.—Subsection (b)(1) 
of section 856 of title 10, United States Code (article 56 
of the Uniform Code of Military Justice), as amended by 
section 6701, is further amended by striking ‘‘shall include 
dismissal or dishonorable discharge, as applicable.’’ and 
inserting the following: ‘‘shall include, at a minimum— 
‘‘(A) dismissal or dishonorable discharge, as ap-
plicable; and 
‘‘(B) confinement for two years.’’. 
(b) APPLICATION OF AMENDMENT.—Subparagraph 
(B) of paragraph (1) of section 856(b) of title 10, United 
States Code (article 56(b) of the Uniform Code of Military 
Justice), as added by subsection (a), shall apply to of-
fenses specified in paragraph (2) of such section com-
mitted on or after the date that is 180 days after the date 
of the enactment of this Act.
1445 
SEC. 6702. EFFECTIVE DATE OF SENTENCES. 
(a) IN GENERAL.—Section 857 of title 10, United 
States Code (article 57 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘§ 857. Art. 57. Effective date of sentences 
‘‘(a) EXECUTION OF SENTENCES.—A court-martial 
sentence shall be executed and take effect as follows: 
‘‘(1) FORFEITURE
AND
REDUCTION.—A for-
feiture of pay or allowances shall be applicable to 
pay and allowances accruing on and after the date 
on which the sentence takes effect. Any forfeiture of 
pay or allowances or reduction in grade that is in-
cluded in a sentence of a court-martial takes effect 
on the earlier of— 
‘‘(A) the date that is 14 days after the 
date on which the sentence is adjudged; or 
‘‘(B) in the case of a summary court-mar-
tial, the date on which the sentence is approved 
by the convening authority. 
‘‘(2) CONFINEMENT.—Any period of confine-
ment included in a sentence of a court-martial be-
gins to run from the date the sentence is adjudged 
by the court-martial, but periods during which the 
sentence to confinement is suspended or deferred 
shall be excluded in computing the service of the 
term of confinement.
1446 
‘‘(3) APPROVAL OF SENTENCE OF DEATH.—If 
the sentence of the court-martial extends to death, 
that part of the sentence providing for death may 
not be executed until approved by the President. In 
such a case, the President may commute, remit, or 
suspend the sentence, or any part thereof, as the 
President sees fit. That part of the sentence pro-
viding for death may not be suspended. 
‘‘(4) APPROVAL OF DISMISSAL.—If in the case 
of a commissioned officer, cadet, or midshipman, the 
sentence of a court-martial extends to dismissal, that 
part of the sentence providing for dismissal may not 
be executed until approved by the Secretary con-
cerned or such Under Secretary or Assistant Sec-
retary as may be designated by the Secretary con-
cerned. In such a case, the Secretary, Under Sec-
retary, or Assistant Secretary, as the case may be, 
may commute, remit, or suspend the sentence, or 
any part of the sentence, as the Secretary sees fit. 
In time of war or national emergency he may com-
mute a sentence of dismissal to reduction to any en-
listed grade. A person so reduced may be required 
to serve for the duration of the war or emergency 
and six months thereafter.
1447 
‘‘(5) COMPLETION OF APPELLATE REVIEW.—If 
a sentence extends to death, dismissal, or a dishon-
orable or bad-conduct discharge, that part of the 
sentence extending to death, dismissal, or a dishon-
orable or bad-conduct discharge may be executed, in 
accordance with service regulations, after completion 
of appellate review (and, with respect to death or 
dismissal, approval under paragraph (3) or (4), as 
appropriate). 
‘‘(6) OTHER SENTENCES.—Except as otherwise 
provided in this subsection, a general or special 
court-martial sentence is effective upon entry of 
judgment and a summary court-martial sentence is 
effective when the convening authority acts on the 
sentence. 
‘‘(b) DEFERRAL OF SENTENCES.—(1) On application 
by an accused, the convening authority or, if the accused 
is no longer under his jurisdiction, the officer exercising 
general court-martial jurisdiction over the command to 
which the accused is currently assigned, may, in his or 
her sole discretion, defer the effective date of a sentence 
of confinement, reduction, or forfeiture. The deferment 
shall terminate upon entry of judgment or, in the case of 
a summary court-martial, when the convening authority 
acts on the sentence. The deferment may be rescinded at
1448 
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 paragraph. 
‘‘(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 
‘‘(B) after the court-martial, is returned to that 
State or foreign country under the authority of a 
mutual 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
1449 
under section 867(a)(2) of this title (article 67(a)(2)) is 
pending, the Secretary concerned may defer further serv-
ice 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 
(article 65) is completed; or 
‘‘(B) a review under section 866 of this title 
(article 66) is completed by a Court of Criminal Ap-
peals 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; 
‘‘(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 pre-
scribed by the Supreme Court;
1450 
‘‘(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 Uni-
form 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 sec-
tion 858b of title 10, United States Code (article 58b of 
the Uniform Code of Military Justice), is amended by 
striking ‘‘section 857(a) of this title (article 57(a))’’ and 
inserting ‘‘section 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 amend-
ed— 
(1) in subsection (a)—
1451 
(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 (arti-
cle 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’’. 
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:
1452 
‘‘§ 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 ac-
cused, and any victim of the offense. 
‘‘(b) POST-TRIAL MOTIONS.—In accordance with reg-
ulations 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— 
‘‘(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.’’.
1453 
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 (arti-
cle): 
‘‘§ 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 
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.
1454 
‘‘(B) A general or special court-martial in which 
the total of the sentences of confinement imposed, 
running 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 (ar-
ticle 120), section 920b of this title (article 120b), 
or such other offense as the Secretary of Defense 
may specify by regulation. 
‘‘(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 exer-
cising general court-martial jurisdiction may act under 
this section in place of the convening authority. 
‘‘(b) REDUCTION, COMMUTATION, AND SUSPENSION 
OF SENTENCES GENERALLY.—(1) Except as provided in 
subsection (c) or (d), the convening authority may not re-
duce, commute, or suspend any of the following sentences:
1455 
‘‘(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 
RECOMMENDATION 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 
‘‘(B) suspend a sentence to an extent in excess 
of the suspension recommended by the military 
judge.
1456 
‘‘(d) REDUCTION OF SENTENCE FOR SUBSTANTIAL 
ASSISTANCE 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 investigation or prosecution of another person, the 
convening authority may reduce, commute, or suspend a 
sentence, in whole or in part, including any mandatory 
minimum sentence. 
‘‘(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 
another person, a convening authority, designated under 
such regulations, may reduce, commute, or suspend a sen-
tence, in whole or in part, including any mandatory min-
imum sentence. 
‘‘(3) In evaluating whether the accused has provided 
substantial assistance under this subsection, the convening 
authority may consider the presentence assistance of the 
accused. 
‘‘(e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In 
accordance with rules prescribed by the President, in de-
termining whether to act under this section, the convening 
authority shall consider matters submitted in writing by
1457 
the accused or any victim of an offense. Such rules shall 
include— 
‘‘(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 character of a victim unless such matters were pre-
sented as evidence 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 
reduces, commutes, or suspends the sentence, the decision 
of the convening authority shall include a written expla-
nation of the reasons for such action. 
‘‘(3) If, under subsection (d)(2), the convening au-
thority reduces, commutes, or suspends the sentence, the 
decision of the convening authority shall be forwarded to 
the chief trial judge for appropriate modification of the
1458 
entry of judgment, which shall be transmitted to the 
Judge Advocate General for appropriate action.’’. 
SEC. 6803. POST-TRIAL ACTIONS IN SUMMARY COURTS- 
MARTIAL AND CERTAIN GENERAL AND SPE-
CIAL 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 (arti-
cle): 
‘‘§ 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 (arti-
cle 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 in-
cluded offense; 
‘‘(C) disapprove the findings and the sentence 
and dismiss the charges and specifications;
1459 
‘‘(D) disapprove the findings and the sentence 
and order a rehearing as to the findings and the 
sentence; 
‘‘(E) disapprove, commute, or suspend the sen-
tence, in whole or in part; or 
‘‘(F) disapprove the sentence and order a re-
hearing 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 modifica-
tion to the entry of judgment and shall transmit the entry 
of judgment to the Judge Advocate General for appro-
priate action. 
‘‘(5) Under regulations prescribed by the Secretary 
concerned, a commissioned officer commanding for the 
time being, a successor in command, or any person exer-
1460 
cising general court-martial jurisdiction may act under 
this section 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 
sufficiently alleges a violation of some article of this 
chapter. 
‘‘(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 
authority shall consider matters submitted in writing by 
the accused or any victim of the offense. Such rules shall 
include 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
1461 
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 SPE-
CIAL COURT-MARTIAL.—(1) In accordance with rules pre-
scribed by the President, in a general or special court-mar-
tial, the military judge shall enter into the record of trial 
the judgment 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
1462 
‘‘(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 
judgment 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), con-
stitutes the judgment of the court-martial and shall be re-
corded and distributed under rules prescribed by the 
President.’’. 
SEC. 6805. WAIVER OF RIGHT TO APPEAL AND WITH-
DRAWAL 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 ac-
1463 
cused may waive the right to appellate review in each case 
subject to such review under section 866 (article 66). Such 
a waiver shall be— 
‘‘(1) signed by the accused and by defense 
counsel; 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 re-
spect 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 
‘‘general or special court-martial, the United 
States may appeal the following:’’; and
1464 
(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 
construed to effect its purposes.’’.
1465 
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-mar-
tial was in accordance with a plea agreement under section 
853a of this title (article 53a) and the accused at the re-
hearing does not comply with the agreement, or if a plea 
of guilty was entered for an offense at the first court-mar-
tial and a plea of not guilty was entered at the rehearing, 
the sentence as to those charges or specifications may in-
clude 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.’’.
1466 
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 sentences 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, 
member of the court, military judge, or counsel or has oth-
erwise 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
1467 
(D) by redesignating paragraph (3) as para-
graph (2). 
(3) Subsection (c)(3) of such section (article) is 
amended 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 judg-
ment 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 Ad-
vocate General. 
‘‘(2) In all other cases, records of trial by court-mar-
tial and related documents shall be transmitted and dis-
posed of as the Secretary concerned may prescribe by reg-
ulation. 
‘‘(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
1468 
attorney designated under regulations prescribed by 
the Secretary concerned. 
‘‘(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 
review 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.
1469 
‘‘(3) REVIEW WHEN APPELLATE REVIEW BY A 
COURT OF CRIMINAL APPEALS IS WAIVED OR WITH-
DRAWN.— 
‘‘(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 forwarded 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 
rehearing may not be ordered in violation of section 844 
of this title (article 44). 
‘‘(3)(A) If the Judge Advocate General sets aside 
findings and sentence and does not order a rehearing, the 
Judge Advocate General shall dismiss the charges.
1470 
‘‘(B) If the Judge Advocate General sets aside find-
ings and orders a rehearing and the convening authority 
determines that a rehearing would be impractical, the con-
vening authority shall dismiss the charges.’’. 
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 
military 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—
1471 
(1) by redesignating subsections (e), (f), (g), 
and (h) as subsections (f), (g), (h), and (i), respec-
tively; and 
(2) by striking subsections (b), (c), and (d) and 
inserting the following new subsections: 
‘‘(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 
commissioned officer, cadet, or midshipman, dishon-
orable or bad-conduct discharge, or confinement for 
more than six months. 
‘‘(B) A case in which the Government pre-
viously 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
1472 
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 (article 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-
ings and sentence as entered into the record under section 
860c of this title (article 60c). It may affirm only such 
findings of guilty, and the sentence or such part or 
amount of the sentence, as it finds correct in law and fact 
and determines, 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 Ap-
peals under paragraph (1) or (2) of subsection (b), the 
Court may provide appropriate relief if the accused dem-
onstrates 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
1473 
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 support the findings, order a rehearing. If it sets aside 
the findings 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 
consider— 
‘‘(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.
1474 
‘‘(e) LIMITS OF AUTHORITY.—(1)(A) If the Court of 
Criminal Appeals sets aside the findings, the Court— 
‘‘(i) may affirm any lesser included of-
fense; and 
‘‘(ii) may, except when prohibited by sec-
tion 844 of this title (article 44), order a re-
hearing. 
‘‘(B) If the Court of Criminal Appeals orders a re-
hearing on a charge and the convening authority finds a 
rehearing impracticable, the convening authority may dis-
miss 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.’’.
1475 
(c) ACTION
WHEN
REHEARING
IMPRACTICABLE 
AFTER REHEARING ORDER.—Subsection (f) of such sec-
tion (article), 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-
section (b)(1), is amended by striking ‘‘an investigating 
officer’’ and inserting ‘‘an investigating or a preliminary 
hearing officer’’. 
(e) SECTION HEADING.—The heading for such sec-
tion (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 
General and to the Staff Judge Advocate to the Com-
mandant of the Marine Corps,’’.
1476 
(b) BASIS FOR REVIEW.—Subsection (c) of such sec-
tion (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 
(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 
Appeals; or 
‘‘(B) a decision, judgment, or order by a 
military judge, as affirmed or set aside as in-
correct in law by the Court of Criminal Ap-
peals.’’. 
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
1477 
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 Ad-
vocate General may modify or set aside, in whole or in 
part, 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 con-
sider an application submitted more than three years after 
such completion 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 sentence, in whole or in part on the grounds of newly
1478 
discovered evidence, fraud on the court, lack of jurisdiction 
over the accused or the offense, error prejudicial to the 
substantial rights of the accused, or the appropriateness 
of the sentence. 
‘‘(B) In setting aside findings or sentence, the Judge 
Advocate General may order a rehearing, except that a 
rehearing may not be ordered in violation of section 844 
of this title (Article 44). 
‘‘(C) 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. 
‘‘(D) If the Judge Advocate General sets aside find-
ings and orders a rehearing and the convening authority 
determines that a rehearing would be impractical, the con-
vening 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.
1479 
‘‘(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 
Appeals 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 
application under paragraph (1)(B) only if— 
‘‘(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 
accused is notified of the decision of the Judge 
Advocate General; or 
‘‘(ii) 60 days after the date on which a 
copy of the decision of the Judge Advocate Gen-
eral is deposited in the United States mails for 
delivery by first-class certified mail to the ac-
cused at an address provided by the accused or, 
if no such address has been provided by the ac-
1480 
cused, at the latest address listed for the ac-
cused in his official service record. 
‘‘(3) The submission of an application for review 
under this subsection does not constitute a proceeding be-
fore 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.’’. 
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 com-
pensated in accordance with regulations prescribed by the 
Secretary of Defense.’’.
1481 
SEC. 6815. AUTHORITY FOR HEARING ON VACATION OF 
SUSPENSION OF SENTENCE TO BE CON-
DUCTED 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-martial convening authority may detail a judge ad-
vocate, who is certified under section 827(b) of this title 
(article 27(b)), to conduct the hearing.’’. 
(b) TECHNICAL AMENDMENTS.—Such section (arti-
cle) is further amended— 
(1) in the last sentence of subsection (a), by 
striking ‘‘if he so desires’’ and inserting ‘‘if the pro-
bationer 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 ju-
risdiction’’; 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
1482 
Justice), 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 
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 amend-
ed— 
(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
1483 
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 (arti-
cle 104) and are redesignated as sections 904a and 
904b (articles 104a and 104b), respectively. 
(2) RESISTANCE, FLIGHT, BREACH OF ARREST, 
AND
ESCAPE.—Section 895 (article 95) is trans-
ferred 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 
redesignated as section 931f (article 131f). 
(4) CAPTURED OR ABANDONED PROPERTY.— 
Section 903 (article 103) is transferred so as to ap-
1484 
pear after section 908 (article 108) and is redesig-
nated 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-
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).
1485 
(11) STALKING.—Section 920a (article 120a) is 
transferred so as to appear after section 929a (arti-
cle 129a), as redesignated by paragraph (10), and is 
redesignated as section 930 (article 130). 
(12) FORGERY.—Section 923 (article 123) is 
transferred so as to appear after section 904b (arti-
cle 104b), as transferred and redesignated by para-
graph (1), and is redesignated as section 905 (arti-
cle 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 
appear after section 923a (article 123a) and is re-
designated as section 924 (article 124). 
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:
1486 
‘‘§ 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.’’. 
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
1487 
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 section 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 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—
1488 
‘‘(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 
section 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 lim-
its before being released from the quarantine by 
proper authority; 
shall be punished as a court-martial may direct.’’. 
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:
1489 
‘‘§ 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 per-
son is required in the course of duty to move shall be pun-
ished as a court-martial may direct. 
‘‘(b) JUMPING FROM VESSEL INTO THE WATER.— 
Any person subject to this chapter who wrongfully and in-
tentionally jumps into the water from a vessel in use by 
the armed forces shall be punished as a court-martial may 
direct.’’. 
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 trans-
ferred and redesignated by section 6901(2), the following 
new section (article): 
‘‘§ 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;
1490 
‘‘(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 
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 
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 
‘‘(2) who, with knowledge of the limits of the 
restriction, goes beyond those limits before being re-
leased by proper authority; 
shall be punished as a court-martial may direct.’’.
1491 
SEC. 
6908. 
DISRESPECT 
TOWARD 
SUPERIOR 
COMMIS-
SIONED OFFICER; ASSAULT OF SUPERIOR 
COMMISSIONED 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 com-
missioned officer 
‘‘(a) DISRESPECT.—Any person subject to this chap-
ter who behaves with disrespect toward that person’s supe-
rior 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-mar-
tial 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.’’.
1492 
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-mar-
tial 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 of the Uniform Code of Military Justice), the following 
new section (article):
1493 
‘‘§ 893a. Art. 93a. Prohibited activities with military 
recruit or trainee by person in position of 
special trust 
‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.— 
Any person subject to this chapter— 
‘‘(1) who is an officer, a noncommissioned offi-
cer, or a petty officer; 
‘‘(2) who is in a training leadership position 
with respect to a specially protected junior member 
of the armed forces; and 
‘‘(3) who engages in prohibited sexual activity 
with such specially protected junior member of the 
armed forces; 
shall be punished as a court-martial may direct. 
‘‘(b) ABUSE
OF
POSITION
AS
MILITARY
RE-
CRUITER.—Any person subject to this chapter— 
‘‘(1) who is a military recruiter and engages in 
prohibited sexual activity with an applicant for mili-
tary service; or 
‘‘(2) who is a military recruiter and engages in 
prohibited sexual activity with a specially protected 
junior member of the armed forces who is enlisted 
under a delayed entry program; 
shall be punished as a court-martial may direct.
1494 
‘‘(c) CONSENT.—Consent is not a defense for any 
conduct at issue in a prosecution under this section (arti-
cle). 
‘‘(d) DEFINITIONS.—In this section (article): 
‘‘(1) SPECIALLY PROTECTED JUNIOR MEMBER 
OF THE ARMED FORCES.—The term ‘specially pro-
tected 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:
1495 
‘‘(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 ‘mili-
tary recruiter’ means a person who, under regula-
tions prescribed 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 regulations prescribed by the Secretary concerned,
1496 
inappropriate physical intimacy under circumstances 
described 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 trans-
ferred and redesignated by section 6901(8), is amended 
to read as follows: 
‘‘§ 895. Art. 95. Offenses by sentinel or lookout 
‘‘(a) DRUNK OR SLEEPING ON POST, OR LEAVING 
POST BEFORE BEING RELIEVED.—Any sentinel or look-
out who is drunk on post, who sleeps on post, or who 
leaves post before being regularly relieved, shall be pun-
ished— 
‘‘(1) if the offense is committed in time of war, 
by death or such other punishment as a court-mar-
tial 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.’’.
1497 
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 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 SEN-
TINEL 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 look-
out, who is in the execution of duties as a sentinel or look-
out, 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:
1498 
‘‘§ 896. Art. 96. Release of prisoner without authority; 
drinking with prisoner 
‘‘(a) RELEASE
OF PRISONER WITHOUT AUTHOR-
ITY.—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 sub-
ject to this chapter who unlawfully drinks any alcoholic 
beverage with a prisoner shall be punished as a court-mar-
tial 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 trans-
ferred and redesignated by section 6901(7), is amended 
by inserting before the period at the end of the first sen-
tence the following: ‘‘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 
103b of the Uniform Code of Military Justice), as redesig-
1499 
nated by section 6901(5), the following new section (arti-
cle): 
‘‘§ 904. Art. 104. Public records offenses 
‘‘Any person subject to this chapter who, willfully and 
unlawfully— 
‘‘(1) alters, conceals, removes, mutilates, oblit-
erates, or destroys a public record; or 
‘‘(2) takes a public record with the intent to 
alter, conceal, remove, mutilate, obliterate, or de-
stroy 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 trans-
ferred and redesignated by section 6901(12), the following 
new section (article): 
‘‘§ 905a. Art. 105a. False or unauthorized pass of-
fenses 
‘‘(a) WRONGFUL MAKING, ALTERING, ETC.—Any 
person 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.
1501 
‘‘(1) an officer, a noncommissioned officer, or a 
petty officer; 
‘‘(2) an agent of superior authority of one of 
the armed forces; or 
‘‘(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 pun-
ished 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 section 6917, the following new section (article):
1502 
‘‘§ 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 
‘‘(2) who wrongfully wears such insignia, deco-
ration, 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 
subject 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.
1503 
‘‘(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 
‘‘(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.’’.
1504 
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 fol-
lowing new section (article): 
‘‘§ 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 delivered 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:
1505 
‘‘§ 910. Art. 110. Improper hazarding of vessel or air-
craft 
‘‘(a) WILLFUL AND WRONGFUL HAZARDING.—Any 
person subject to this chapter who, willfully and wrong-
fully, hazards or suffers to be hazarded any vessel or air-
craft of the armed forces shall be punished by death or 
such other punishment as a court-martial may direct. 
‘‘(b) NEGLIGENT HAZARDING.—Any person subject 
to this chapter who negligently hazards or suffers to be 
hazarded 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 ac-
cident— 
‘‘(A) without providing assistance to an in-
jured person; or
1506 
‘‘(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— 
‘‘(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.’’.
1507 
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. 
‘‘(b) INCAPACITATION FOR DUTY FROM DRUNKEN-
NESS 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 VES-
SEL. 
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—
1508 
(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.’’. 
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 sub-
ject 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 bod-
ily harm to another person; 
shall be punished as a court-martial may direct. 
‘‘(b) DUELING.—Any person subject to this chap-
ter— 
‘‘(1) who fights or promotes, or is concerned in 
or connives at fighting a duel; or
1509 
‘‘(2) who, having knowledge of a challenge sent 
or about to be sent, fails to report the facts prompt-
ly 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 
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 commu-
nicates a threat to injure the person, property, or reputa-
tion of another shall be punished as a court-martial may 
direct. 
‘‘(b) COMMUNICATING THREAT TO USE EXPLOSIVE, 
ETC.—Any person subject to this chapter who wrongfully
1510 
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, sub-
stance, 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 
chapter who maliciously communicates a false threat con-
cerning injury to 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. 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 
communicating the threat.’’. 
SEC. 6928. TECHNICAL AMENDMENT RELATING TO MUR-
DER. 
Section 918(4) of title 10, United States Code (article 
118(4) of the Uniform Code of Military Justice), is 
amended 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
1511 
119a of the Uniform Code of Military Justice), the fol-
lowing 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 neg-
ligence, endangers the child’s mental or physical 
health, safety, 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 of the Uniform Code of Military Justice), the fol-
lowing 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 
delivery 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 fol-
lowing new section (article):
1512 
‘‘§ 921a. Art. 121a. Fraudulent use of credit cards, 
debit cards, and other access devices 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter who, with intent to defraud, uses— 
‘‘(1) a stolen credit card, debit card, or other 
access 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 
device without the authorization of a person whose 
authorization is required for such use; 
to obtain money, property, services, or anything else of 
value shall be punished as a court-martial may direct. 
‘‘(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 serv-
ices shall be punished as a court-martial may direct.’’.
1513 
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 any-
thing of value from the person or in the presence of an-
other, against his will, by means of force or violence or 
fear of immediate or future injury to his person or prop-
erty 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 robbery, is guilty of robbery and shall be punished as 
a court-martial may direct.’’. 
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 
receives, buys, or conceals stolen property, knowing the 
property to be stolen property, shall be punished as a 
court-martial may direct.’’.
1514 
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 
computers 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter who— 
‘‘(1) knowingly accesses a Government com-
puter, with an unauthorized purpose, and by doing 
so obtains classified information, with reason to be-
lieve such information could be used to the injury of 
the United States, or to the advantage of any for-
eign nation, and intentionally communicates, deliv-
ers, transmits, or causes to be communicated, deliv-
ered, or transmitted such information to any person 
not entitled to receive it; 
‘‘(2) intentionally accesses a Government com-
puter, with an unauthorized purpose, and thereby 
obtains classified or other protected information 
from any such Government computer; or 
‘‘(3) knowingly causes the transmission of a 
program, information, code, or command, and as a
1515 
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 trans-
ferred and 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
1516 
decision or action influenced with respect to an offi-
cial 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 wrong-
fully promises, offers, or gives a thing of value to another 
person, who occupies an official position or who has offi-
cial duties, with the intent to influence the decision or ac-
tion 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): 
‘‘§ 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
1517 
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 wrong-
fully promises, offers, or gives a thing of value to another 
person, who occupies an official position or who has offi-
cial duties, as compensation for or in recognition of serv-
ices 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 di-
rect.’’. 
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— 
‘‘(1) seizes, confines, inveigles, decoys, or car-
ries away another person; and 
‘‘(2) holds the other person against that per-
son’s will; 
shall be punished as a court-martial may direct.’’.
1518 
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, mov-
able or immovable, wherein, to the knowledge of that per-
son, there is at the time a human being, is guilty of aggra-
vated arson and shall be punished as a court-martial may 
direct. 
‘‘(b) SIMPLE ARSON.—Any person subject to this 
chapter 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 
to any property shall be punished as a court-martial may 
direct.’’.
1519 
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-mar-
tial 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. 
‘‘(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED 
OFFENSES.—
1520 
‘‘(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 sec-
tion 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 
‘‘(2) the personal property of another which 
amounts to a structure usually used for habitation 
or storage;
1521 
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 trans-
ferred and redesignated by section 6901(11), is amended 
to read as follows: 
‘‘§ 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 rea-
sonable fear of death or bodily harm, including sex-
ual assault, to himself or herself, to a member of his 
or her immediate family, or to his or her intimate 
partner; and 
‘‘(3) whose conduct induces reasonable fear in 
the specific person of death or bodily harm, includ-
ing sexual assault, to himself or herself, to a mem-
1522 
ber 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, di-
rected at or toward 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 con-
duct, means two or more occasions of such conduct. 
‘‘(4) The term ‘immediate family’, in the case 
of a specific person, means—
1523 
‘‘(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 per-
son, a person who shares a child in common 
with the specific person, or a person who cohab-
its with or has cohabited as a spouse with the 
specific person; or 
‘‘(B) a person who has been in a social re-
lationship 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 per-
sons 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 of the Uniform Code of Military Justice), the fol-
lowing new section (article):
1524 
‘‘§ 931a. Art. 131a. Subornation of perjury 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter 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 
subsection (a) are the following: 
‘‘(1) The oath is administered with respect to 
a matter for which such oath is required or author-
ized 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 per-
son do not believe that the statement is true.’’. 
SEC. 6944. OBSTRUCTING JUSTICE. 
Subchapter X of chapter 47 of title 10, United States 
Code, is amended by inserting after section 931a (article
1525 
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 
criminal or disciplinary proceedings pending, with intent 
to influence, impede, or otherwise obstruct the due admin-
istration 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 of-
fense known to civilian or military authorities as 
soon as possible; 
shall be punished as a court-martial may direct.’’.
1526 
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 ques-
tion after having been directed to do so by the person pre-
siding 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 
seizures are seizing, are about to seize, or are endeavoring 
to seize property, destroys, removes, or otherwise disposes
1527 
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 ad-
verse administrative proceeding 
‘‘Any person subject to this chapter who, having rea-
son to believe that an adverse administrative proceeding 
is pending against any person subject to this chapter, 
wrongfully acts with the intent— 
‘‘(1) to influence, impede, or obstruct the con-
duct of the proceeding; or 
‘‘(2) otherwise to obstruct the due administra-
tion 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 
131g of the Uniform Code of Military Justice), as added 
by section 6948, the following new section (article):
1528 
‘‘§ 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 
discourage any person from reporting a criminal offense— 
‘‘(1) wrongfully takes or threatens to take an 
adverse 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 constitute a crime or offense not capital if the con-
duct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, as defined in 
section 7 of title 18.’’.
1529 
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 amend-
ed 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 offi-
cer, 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 
position 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.
1530 
‘‘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, 
spoilage, 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 de-
vices. 
‘‘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 suffi-
cient 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.’’.
1531 
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 sen-
tences 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 Depart-
ment 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.
1532 
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 amend-
ed— 
(1) in subsection (a), by striking ‘‘(a)(1) The 
sections of this title (articles of the Uniform Code of 
Military Justice)’’ and inserting ‘‘(a) ENLISTED 
MEMBERS.—(1) The sections (articles) of this chap-
ter (the Uniform Code of Military Justice)’’; 
(2) by striking subsection (b); and 
(3) by inserting after subsection (a) the fol-
lowing 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 offi-
cer 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 sec-
tions (articles) specified in subsection (a)(3) and such 
other sections (articles) as the Secretary concerned may 
prescribe by regulation.
1533 
‘‘(c) TRAINING
FOR CERTAIN OFFICERS.—Under 
regulations prescribed by the Secretary concerned, officers 
with the authority to convene courts-martial or to impose 
non-judicial punishment shall receive periodic training re-
garding 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 regarding 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 re-
quest by the member, for the member’s personal ex-
amination; 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
1534 
Justice), 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, in-
cluding 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 informa-
tion, filings, and records, taking into consideration 
restrictions appropriate to judicial proceedings and 
military records.’’.
1535 
(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. 
SEC. 7005. RETURN OF CERTAIN LANDS AT FORT WINGATE 
TO THE ORIGINAL INHABITANTS ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Return of Certain Lands At Fort Wingate to The Origi-
nal Inhabitants Act’’. 
(b) DIVISION
AND
TREATMENT
OF
LANDS
OF 
FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEX-
ICO, TO BENEFIT THE ZUNI TRIBE AND NAVAJO NA-
TION.— 
(1) IMMEDIATE TRUST ON BEHALF OF ZUNI 
TRIBE; EXCEPTION.—Subject to valid existing rights 
and to easements reserved pursuant to subsection 
(c), all right, title, and interest of the United States 
in and to the lands of Former Fort Wingate Depot 
Activity depicted in dark blue on the map titled
1536 
‘‘The Fort Wingate Depot Activity Negotiated Prop-
erty Division April 2016’’ (in this section referred to 
as the ‘‘Map’’) and transferred to the Secretary of 
the Interior are to be held in trust by the Secretary 
of the Interior for the Zuni Tribe as part of the 
Zuni Reservation, unless the Zuni Tribe otherwise 
elects under clause (ii) of paragraph (3)(C) to have 
the parcel conveyed to it in Restricted Fee Status. 
(2) IMMEDIATE
TRUST
ON
BEHALF
OF
THE 
NAVAJO NATION; EXCEPTION.—Subject to valid ex-
isting rights and to easements reserved pursuant to 
subsection (c), all right, title, and interest of the 
United States in and to the lands of Former Fort 
Wingate Depot Activity depicted in dark green on 
the Map and transferred to the Secretary of the In-
terior are to be held in trust by the Secretary of the 
Interior for the Navajo Nation as part of the Navajo 
Reservation, unless the Navajo Nation otherwise 
elects under clause (ii) of paragraph (3)(C) to have 
the parcel conveyed to it in Restricted Fee Status. 
(3) SUBSEQUENT TRANSFER AND TRUST; RE-
STRICTED FEE STATUS ALTERNATIVE.— 
(A) TRANSFER UPON COMPLETION OF RE-
MEDIATION.—Not later than 60 days after the 
date on which the Secretary of the Army, with
1537 
the concurrence of the New Mexico Environ-
ment Department, notifies the Secretary of the 
Interior that remediation of a parcel of land of 
Former Fort Wingate Depot Activity has been 
completed consistent with subsection (d), the 
Secretary of the Army shall transfer adminis-
trative jurisdiction over the parcel to the Sec-
retary of the Interior. 
(B) NOTIFICATION
OF
TRANSFER.—Not 
later than 30 days after the date on which the 
Secretary of the Army transfers administrative 
jurisdiction over a parcel of land of Former 
Fort Wingate Depot Activity under subpara-
graph (A), the Secretary of the Interior shall 
notify the Zuni Tribe and Navajo Nation of the 
transfer of administrative jurisdiction over the 
parcel. 
(C) TRUST
OR
RESTRICTED
FEE
STA-
TUS.— 
(i) TRUST.—Except as provided in 
clause (ii), the Secretary of the Interior 
shall hold each parcel of land of Former 
Fort Wingate Depot Activity transferred 
under subparagraph (A) in trust—
1538 
(I) for the Zuni Tribe, in the 
case of land depicted in blue on the 
Map; or 
(II) for the Navajo Nation, in the 
case of land depicted in green on the 
Map. 
(ii) RESTRICTED
FEE
STATUS.—In 
lieu of having a parcel of land held in trust 
under clause (i), the Zuni Tribe, with re-
spect to land depicted in blue on the Map, 
and the Navajo Nation, with respect to 
land depicted in green on the Map, may 
elect to have the Secretary of the Interior 
convey the parcel or any portion of the 
parcel to it in restricted fee status. 
(iii) NOTIFICATION
OF
ELECTION.— 
Not later than 45 days after the date on 
which the Zuni Tribe or the Navajo Nation 
receives notice under subparagraph (B) of 
the transfer of administrative jurisdiction 
over a parcel of land of Former Fort 
Wingate Depot Activity, the Zuni Tribe or 
the Navajo Nation shall notify the Sec-
retary of the Interior of an election under 
clause (ii) for conveyance of the parcel or
1539 
any portion of the parcel in restricted fee 
status. 
(iv) CONVEYANCE.—As soon as prac-
ticable after receipt of a notice from the 
Zuni Tribe or the Navajo Nation under 
clause (iii), but in no case later than 6 
months after receipt of the notice, the Sec-
retary of the Interior shall convey, in re-
stricted fee status, the parcel of land of 
Former Fort Wingate Depot Activity cov-
ered by the notice to the Zuni Tribe or the 
Navajo Nation, as the case may be. 
(v) RESTRICTED
FEE
STATUS
DE-
FINED.—For purposes of this section only, 
the term ‘‘restricted fee status’’, with re-
spect to land conveyed under clause (iv), 
means that the land so conveyed— 
(I) shall be owned in fee by the 
Indian tribe to whom the land is con-
veyed; 
(II) shall be part of the Indian 
tribe’s 
Reservation 
and 
expressly 
made subject to the jurisdiction of the 
Indian Tribe;
1540 
(III) shall not be sold by the In-
dian tribe without the consent of Con-
gress; 
(IV) shall not be subject to tax-
ation by a State or local government 
other than the government of the In-
dian tribe; and 
(V) shall not be subject to any 
provision of law providing for the re-
view or approval by the Secretary of 
the Interior before an Indian tribe 
may use the land for any purpose, di-
rectly or through agreement with an-
other party. 
(4) SURVEY AND BOUNDARY REQUIREMENTS.— 
(A) IN GENERAL.—The Secretary of the 
Interior shall— 
(i) provide for the survey of lands of 
Former Fort Wingate Depot Activity taken 
into trust for the Zuni Tribe or the Navajo 
Nation or conveyed in restricted fee status 
for the Zuni Tribe or the Navajo Nation 
under paragraph (1), (2), or (3); and
1541 
(ii) establish legal boundaries based 
on the Map as parcels are taken into trust 
or conveyed in restricted fee status. 
(B) CONSULTATION.—Not later than 90 
days after the date of the enactment of this sec-
tion, the Secretary of the Interior shall consult 
with the Zuni Tribe and the Navajo Nation to 
determine their priorities regarding the order in 
which parcels should be surveyed and, to the 
greatest extent feasible, the Secretary shall fol-
low these priorities. 
(5) RELATION
TO
CERTAIN
REGULATIONS.— 
Part 151 of title 25, Code of Federal Regulations, 
shall not apply to taking lands of Former Fort 
Wingate Depot Activity into trust under paragraph 
(1), (2), or (3). 
(6) FORT
WINGATE
LAUNCH
COMPLEX
LAND 
STATUS.—Upon certification by the Secretary of De-
fense that the area generally depicted as ‘‘Fort 
Wingate Launch Complex’’ on the Map is no longer 
required for military purposes and can be trans-
ferred to the Secretary of the Interior— 
(A) the areas generally depicted as 
‘‘FWLC A’’ and ‘‘FWLC B’’ on the Map shall 
be held in trust by the Secretary of the Interior
1542 
for the Zuni Tribe in accordance with this sub-
section; and 
(B) the areas generally depicted as 
‘‘FWLC C’’ and ‘‘FWLC D’’ on the Map shall 
be held in trust by the Secretary of the Interior 
for the Navajo Nation in accordance with this 
subsection. 
(c) RETENTION OF NECESSARY EASEMENTS AND AC-
CESS.— 
(1) TREATMENT
OF
EXISTING
EASEMENTS, 
PERMIT RIGHTS, AND RIGHTS-OF-WAY.— 
(A) IN GENERAL.—The lands of Former 
Fort Wingate Depot Activity held in trust or 
conveyed in restricted fee status pursuant to 
subsection (b) shall be held in trust with ease-
ments, permit rights, and rights-of-way, and ac-
cess associated with such easements, permit 
rights, and rights-of-way, of any applicable util-
ity service provider in existence or for which an 
application is pending for existing facilities at 
the time of the conveyance or change to trust 
status, including the right to upgrade applicable 
utility services recognized and preserved, in per-
petuity and without the right of revocation (ex-
cept as provided in subparagraph (B)).
1543 
(B) TERMINATION.—An easement, permit 
right, or right-of-way recognized and preserved 
under subparagraph (A) shall terminate only— 
(i) on the relocation of an applicable 
utility service referred to in subparagraph 
(A), but only with respect to that portion 
of the utility facilities that are relocated; or 
(ii) with the consent of the holder of 
the easement, permit right, or right-of- 
way. 
(C) ADDITIONAL
EASEMENTS.—The Sec-
retary of the Interior shall grant to a utility 
service provider, without consideration, such ad-
ditional easements across lands held in trust or 
conveyed in restricted fee status pursuant to 
subsection (b) as the Secretary considers nec-
essary to accommodate the relocation or re-
connection of a utility service existing on the 
date of enactment of this section. 
(2) ACCESS
FOR
ENVIRONMENTAL
RESPONSE 
ACTIONS.—The lands of Former Fort Wingate 
Depot Activity held in trust or conveyed in restricted 
fee status pursuant to subsection (b) shall be subject 
to reserved access by the United States as the Sec-
retary of the Army and the Secretary of the Interior
1544 
determine are reasonably required to permit access 
to lands of Former Fort Wingate Depot Activity for 
administrative and environmental response purposes. 
The Secretary of the Army shall provide to the gov-
ernments of the Zuni Tribe and the Navajo Nation 
written copies of all access reservations under this 
subsection. 
(3) SHARED ACCESS.— 
(A) PARCEL 1 SHARED CULTURAL AND RE-
LIGIOUS ACCESS.—In the case of the lands of 
Former Fort Wingate Depot Activity depicted 
as Parcel 1 on the Map, the lands shall be held 
in trust subject to a shared easement for cul-
tural and religious purposes only. Both the 
Zuni Tribe and the Navajo Nation shall have 
unhindered access to their respective cultural 
and religious sites within Parcel 1. Within 1 
year after the date of the enactment of this sec-
tion, the Zuni Tribe and the Navajo Nation 
shall exchange detailed information to docu-
ment the existence of cultural and religious 
sites within Parcel 1 for the purpose of carrying 
out this subparagraph. The information shall 
also be provided to the Secretary of the Inte-
rior.
1545 
(B) OTHER SHARED ACCESS.—Subject to 
the written consent of both the Zuni Tribe and 
the Navajo Nation, the Secretary of the Interior 
may facilitate shared access to other lands held 
in trust or restricted fee status pursuant to 
subsection (b), including, but not limited to, re-
ligious and cultural sites. 
(4) I–40 FRONTAGE ROAD ENTRANCE.—The ac-
cess road for the Former Fort Wingate Depot Activ-
ity, which originates at the frontage road for Inter-
state 40 and leads to the parcel of the Former Fort 
Wingate Depot Activity depicted as ‘‘administration 
area’’ on the Map, shall be held in common by the 
Zuni Tribe and Navajo Nation to provide for equal 
access to Former Fort Wingate Depot Activity. 
(5) COMPATIBILITY
WITH
DEFENSE
ACTIVI-
TIES.—The lands of Former Fort Wingate Depot 
Activity held in trust or conveyed in restricted fee 
status pursuant to subsection (b) shall be subject to 
reservations by the United States as the Secretary 
of Defense determines are reasonably required to 
permit access to lands of the Fort Wingate launch 
complex for administrative, test operations, and 
launch operations purposes. The Secretary of De-
fense shall provide the governments of the Zuni
1546 
Tribe and the Navajo Nation written copies of all 
reservations under this paragraph. 
(d) ENVIRONMENTAL REMEDIATION.—Nothing in 
this section shall be construed as alleviating, altering, or 
affecting the responsibility of the United States for clean-
up and remediation of Former Fort Wingate Depot Activ-
ity in accordance with the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. 
(e) PROHIBITION ON GAMING.—Any real property of 
the Former Fort Wingate Depot Activity and all other real 
property subject to this section shall not be eligible, or 
used, for any gaming activity carried out under the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 
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 re-
views and assessments of the operation of this chapter.
1547 
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. 
‘‘(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 re-
maining members of the Panel, taking into consideration 
recommendations made by each of the following: 
‘‘(A) The chairman and ranking minority mem-
ber of the Committee on Armed Services of the Sen-
ate 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.
1548 
‘‘(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-
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 chap-
ter during the preceding five years. In conducting 
the initial review and assessment, the Panel may re-
view 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-
1549 
after, the Panel shall conduct a comprehensive re-
view 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 assess-
ment of such other aspects of the operation of this 
chapter as the Panel considers appropriate. In addi-
tion, at the request of the Secretary of Defense, the 
Panel may, at any time, review and assess other spe-
cific matters relating to the operation of this chap-
ter. 
‘‘(4) REPORTS.—Not later than December 31 
of each year during which the Panel conducts a re-
view 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 Rep-
resentatives. 
‘‘(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
1550 
agency of the Federal Government shall provide informa-
tion that the Panel considers necessary to carry out its 
duties under this section. 
‘‘(i) ADMINISTRATIVE MATTERS.— 
‘‘(1) MEMBERS
TO
SERVE
WITHOUT
PAY.— 
Members of the Panel shall serve without pay, but 
shall be allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized for em-
ployees of agencies 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 Sec-
retary of Defense shall provide staffing and re-
sources to support 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
1551 
Court of Appeals for the Armed Forces shall submit a re-
port that, with respect to the previous fiscal year, provides 
information on the number and status of pending cases 
and such other matters as the Court considers appropriate 
regarding the operation 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 shall each submit a report, with respect to the pre-
ceding fiscal year, containing the following: 
‘‘(1) Data on the number and status of pending 
cases. 
‘‘(2) Information on the appellate review proc-
ess, 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 be-
cause of command influence or denial of the 
right to speedy review or (ii) otherwise remitted 
because of loss of records of trial or other ad-
ministrative deficiencies; and
1552 
‘‘(C) an analysis of each case in which a 
provision of this chapter was held unconstitu-
tional. 
‘‘(3)(A) An explanation of measures imple-
mented 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; 
‘‘(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 mili-
tary commissions. 
‘‘(4) The independent views of each Judge Ad-
vocate General and of the Staff Judge Advocate to 
the Commandant of the Marine Corps as to the suf-
ficiency of resources available within the respective 
armed forces, including total workforce, funding,
1553 
training, and officer and enlisted grade structure, to 
capably perform military justice functions. 
‘‘(5) Such other matters regarding the oper-
ation 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 
‘‘(2) to the Secretary of Defense, the Secre-
taries of the military departments, and the Secretary 
of the department in which the Coast Guard is oper-
ating 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 
subchapter II is amended by striking the item relat-
1554 
ing to section 810 and inserting the following new 
item: 
‘‘810. 10. Restraint of persons charged.’’. 
(2) The table of sections at the beginning of 
subchapter II, as amended by paragraph (1), is 
amended by striking the item relating to section 812 
and inserting 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 
subchapter V is amended by striking the item relat-
ing to section 825a and inserting the following new 
item: 
‘‘825. 25a. Number of court-martial members in capital cases.’’. 
(4) The table of sections at the beginning of 
subchapter V, as amended by paragraph (3), is 
amended by inserting after the item relating to sec-
tion 826 the following new item: 
‘‘826a. 26a. Military magistrates.’’. 
(5) The table of sections at the beginning of 
subchapter V, as amended by paragraphs (3) and 
(4), is amended by striking the item relating to sec-
tion 829 and inserting the following new item: 
‘‘829. 29. Assembly and impaneling of members; detail of new members and 
military judges.’’.
1555 
(6) The table of sections at the beginning of 
subchapter VI is amended by inserting after the 
item relating to section 830 the following new item: 
‘‘830. 30a. Proceedings conducted before referral.’’. 
(7) The table of sections at the beginning of 
subchapter VI, as amended by paragraph (6), is 
amended by striking the item relating to section 832 
and inserting the following new item: 
‘‘832. 32. Preliminary hearing required before referral to general court-mar-
tial.’’. 
(8) The table of sections at the beginning of 
subchapter VI, as amended by paragraphs (6) and 
(7), is amended by striking the item relating to sec-
tion 833 and inserting the following new item: 
‘‘833. 33. Disposition guidance.’’. 
(9) The table of sections at the beginning of 
subchapter VI, as amended by paragraphs (6), (7), 
and (8), is amended by striking the item relating to 
section 834 and inserting the following new item: 
‘‘834. 34. Advice to convening authority before referral for trial.’’. 
(10) The table of sections at the beginning of 
subchapter VI, as amended by paragraphs (6), (7), 
(8), and (9), is amended by striking the item relat-
ing to section 835 and inserting the following new 
item: 
‘‘835. 35. Service of charges; commencement of trial.’’.
1556 
(11) The table of sections at the beginning of 
subchapter VII is amended by striking the item re-
lating to section 847 and inserting the following new 
item: 
‘‘8470. 47. Refusal of person not subject to chapter to appear, testify, or 
produce evidence.’’. 
(12) The table of sections at the beginning of 
subchapter VII, as amended by paragraph (11), is 
amended by striking the item relating to section 848 
and inserting the following new item: 
‘‘848. 48. Contempt.’’. 
(13) The table of sections at the beginning of 
subchapter VII, as amended by paragraphs (11) and 
(12), is amended by striking the item relating to sec-
tion 850 and inserting the following new item: 
‘‘850. 50. Admissibility of sworn testimony from records of courts of inquiry.’’. 
(14) The table of sections at the beginning of 
subchapter VII, as amended by paragraphs (11), 
(12), and (13), is amended by striking the item re-
lating to section 852 and inserting the following new 
item: 
‘‘852. 52. Votes required for conviction, sentencing, and other matters.’’. 
(15) The table of sections at the beginning of 
subchapter VII, as amended by paragraphs (11), 
(12), (13), and (14), is amended by striking the
1557 
item relating to section 853 and inserting the fol-
lowing new item: 
‘‘853. 53. Findings and sentencing.’’. 
(16) The table of sections at the beginning of 
subchapter VIII is amended by striking the item re-
lating to section 856 and inserting the following new 
item: 
‘‘856. 56. Sentencing.’’. 
(17) The table of sections at the beginning of 
subchapter VIII, as amended by paragraph (16), is 
amended by striking the items relating to section 
856a and 857a. 
(18) The table of sections at the beginning of 
subchapter IX is amended by striking the item relat-
ing to section 860 and inserting the following new 
item: 
‘‘860. 60. Post-trial processing in general and special courts-martial.’’. 
(19) The table of sections at the beginning of 
subchapter IX is amended by inserting after the 
item relating to section 860, as amended by para-
graph (18), the following new items: 
‘‘860a. 60a. Limited authority to act on sentence in specified post-trial cir-
cumstances. 
‘‘860b. 60b. Post-trial actions in summary courts-martial and certain general 
and special courts-martial. 
‘‘860c. 60c. Entry of judgment.’’. 
(20) The table of sections at the beginning of 
subchapter IX, as amended by paragraphs (18) and
1558 
(19), is amended by striking the item relating to sec-
tion 861 and inserting the following new item: 
‘‘861. 61. Waiver of right to appeal; withdrawal of appeal.’’. 
(21) The table of sections at the beginning of 
subchapter IX, as amended by paragraphs (18), 
(19), and (20), is amended by striking the item re-
lating to section 864 and inserting the following new 
item: 
‘‘864. 64. Judge advocate review of finding of guilty in summary court-mar-
tial.’’. 
(22) The table of sections at the beginning of 
subchapter IX, as amended by paragraphs (18), 
(19), (20), and (21), is amended by striking the 
item relating to section 865 and inserting the fol-
lowing new item: 
‘‘865. 65. Transmittal and review of records.’’. 
(23) The table of sections at the beginning of 
subchapter IX, as amended by paragraphs (18), 
(19), (20), (21), and (22), is amended by striking 
the item relating to section 866 and inserting the 
following new item: 
‘‘866. 66. Courts of Criminal Appeals.’’. 
(24) The table of sections at the beginning of 
subchapter IX, as amended by paragraphs (18), 
(19), (20), and (21), (22), and (23), is amended by
114TH CONGRESS 
2D SESSION 
H. R. 4909 
AN ACT 
To authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, 
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, 
and for other purposes.