H. R. 1530—282
‘‘§ 857a. Art. 57a. Deferment of sentences’’;
(2) by redesignating the succeeding two subsections as sub-
section (a) and (b);
(3) in subsection (b), as redesignated by paragraph (2),
by striking out ‘‘postpone’’ and inserting in lieu thereof ‘‘defer’’;
and
(4) by inserting after subsection (b), as redesignated by
paragraph (2), the following:
‘‘(c) In any case in which a court-martial sentences a person
to confinement and the sentence to confinement has been ordered
executed, but in which review of the case under section 867(a)(2)
of this title (article 67(a)(2)) is pending, the Secretary concerned
may defer further service of the sentence to confinement while
that review is pending.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item
relating to section 857 (article 57) the following new item:
‘‘857a. 57a. Deferment of sentences.’’.
Subtitle C—Pretrial and Post-Trial Actions
SEC. 1131. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) If evidence adduced in an investigation under this article
indicates that the accused committed an uncharged offense, the
investigating officer may investigate the subject matter of that
offense without the accused having first been charged with the
offense if the accused—
‘‘(1) is present at the investigation;
‘‘(2) is informed of the nature of each uncharged offense
investigated; and
‘‘(3) is afforded the opportunities for representation, cross-
examination, and presentation prescribed in subsection (b).’’.
SEC. 1132. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY
FOR CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by inserting after
the first sentence the following: ‘‘Any such submission shall be
in writing.’’.
SEC. 1133. COMMITMENT OF ACCUSED TO TREATMENT FACILITY BY
REASON OF LACK OF MENTAL CAPACITY OR MENTAL
RESPONSIBILITY.
(a) APPLICABLE PROCEDURES.—(1) Subchapter IX is amended
by inserting after section 876a (article 76a) the following:
‘‘§ 876b. Art. 76b. Lack of mental capacity or mental respon-
sibility: commitment of accused for examination
and treatment
‘‘(a) PERSONS INCOMPETENT TO STAND TRIAL.—(1) In the case
of a person determined under this chapter to be presently suffering
from a mental disease or defect rendering the person mentally
incompetent to the extent that the person is unable to understand
H. R. 1530—283
the nature of the proceedings against that person or to conduct
or cooperate intelligently in the defense of the case, the general
court-martial convening authority for that person shall commit
the person to the custody of the Attorney General.
‘‘(2) The Attorney General shall take action in accordance with
section 4241(d) of title 18.
‘‘(3) If at the end of the period for hospitalization provided
for in section 4241(d) of title 18, it is determined that the committed
person’s mental condition has not so improved as to permit the
trial to proceed, action shall be taken in accordance with section
4246 of such title.
‘‘(4)(A) When the director of a facility in which a person is
hospitalized pursuant to paragraph (2) determines that the person
has recovered to such an extent that the person is able to under-
stand the nature of the proceedings against the person and to
conduct or cooperate intelligently in the defense of the case, the
director shall promptly transmit a notification of that determination
to the Attorney General and to the general court-martial convening
authority for the person. The director shall send a copy of the
notification to the person’s counsel.
‘‘(B) Upon receipt of a notification, the general court-martial
convening authority shall promptly take custody of the person
unless the person covered by the notification is no longer subject
to this chapter. If the person is no longer subject to this chapter,
the Attorney General shall take any action within the authority
of the Attorney General that the Attorney General considers appro-
priate regarding the person.
‘‘(C) The director of the facility may retain custody of the
person for not more than 30 days after transmitting the notifications
required by subparagraph (A).
‘‘(5) In the application of section 4246 of title 18 to a case
under this subsection, references to the court that ordered the
commitment of a person, and to the clerk of such court, shall
be deemed to refer to the general court-martial convening authority
for that person. However, if the person is no longer subject to
this chapter at a time relevant to the application of such section
to the person, the United States district court for the district
where the person is hospitalized or otherwise may be found shall
be considered as the court that ordered the commitment of the
person.
‘‘(b) PERSONS FOUND NOT GUILTY BY REASON OF LACK OF MEN-
TAL RESPONSIBILITY.—(1) If a person is found by a court-martial
not guilty only by reason of lack of mental responsibility, the
person shall be committed to a suitable facility until the person
is eligible for release in accordance with this section.
‘‘(2) The court-martial shall conduct a hearing on the mental
condition in accordance with subsection (c) of section 4243 of title
18. Subsections (b) and (d) of that section shall apply with respect
to the hearing.
‘‘(3) A report of the results of the hearing shall be made to
the general court-martial convening authority for the person.
‘‘(4) If the court-martial fails to find by the standard specified
in subsection (d) of section 4243 of title 18 that the person’s release
would not create a substantial risk of bodily injury to another
person or serious damage of property of another due to a present
mental disease or defect—
H. R. 1530—284
‘‘(A) the general court-martial convening authority may
commit the person to the custody of the Attorney General;
and
‘‘(B) the Attorney General shall take action in accordance
with subsection (e) of section 4243 of title 18.
‘‘(5) Subsections (f), (g), and (h) of section 4243 of title 18
shall apply in the case of a person hospitalized pursuant to para-
graph (4)(B), except that the United States district court for the
district where the person is hospitalized shall be considered as
the court that ordered the person’s commitment.
‘‘(c) GENERAL PROVISIONS.—(1) Except as otherwise provided
in this subsection and subsection (d)(1), the provisions of section
4247 of title 18 apply in the administration of this section.
‘‘(2) In the application of section 4247(d) of title 18 to hearings
conducted by a court-martial under this section or by (or by order
of) a general court-martial convening authority under this section,
the reference in that section to section 3006A of such title does
not apply.
‘‘(d) APPLICABILITY.—(1) The provisions of chapter 313 of title
18 referred to in this section apply according to the provisions
of this section notwithstanding section 4247(j) of title 18.
‘‘(2) If the status of a person as described in section 802 of
this title (article 2) terminates while the person is, pursuant to
this section, in the custody of the Attorney General, hospitalized,
or on conditional release under a prescribed regimen of medical,
psychiatric, or psychological care or treatment, the provisions of
this section establishing requirements and procedures regarding
a person no longer subject to this chapter shall continue to apply
to that person notwithstanding the change of status.’’.
(2) The table of sections at the beginning of such subchapter
is amended by inserting after the item relating to section 876a
(article 76a) the following:
‘‘876b. 76b. Lack of mental capacity or mental responsibility: commitment of accused
for examination and treatment.’’.
(b) CONFORMING
AMENDMENT.—Section 802 (article 2) is
amended by adding at the end the following new subsection:
‘‘(e) The provisions of this section are subject to section
876b(d)(2) of this title (article 76b(d)(2)).’’.
(c) EFFECTIVE DATE.—Section 876b of title 10, United States
Code (article 76b of the Uniform Code of Military Justice), as
added by subsection (a), shall take effect at the end of the six-
month period beginning on the date of the enactment of this Act
and shall apply with respect to charges referred to courts-martial
after the end of that period.
Subtitle D—Appellate Matters
SEC. 1141. APPEALS BY THE UNITED STATES.
(a) APPEALS RELATING TO DISCLOSURE OF CLASSIFIED INFORMA-
TION.—Section 862(a)(1) (article 62(a)(1)) is amended to read as
follows:
‘‘(a)(1) In a trial by court-martial in which a military judge
presides and in which a punitive discharge may be adjudged, the
United States may appeal the following (other than an order or
ruling that is, or that amounts to, a finding of not guilty with
respect to the charge or specification):
H. R. 1530—285
‘‘(A) An order or ruling of the military judge which termi-
nates the proceedings with respect to a charge or specification.
‘‘(B) An order or ruling which excludes evidence that is
substantial proof of a fact material in the proceeding.
‘‘(C) An order or ruling which directs the disclosure of
classified information.
‘‘(D) An order or ruling which imposes sanctions for
nondisclosure of classified information.
‘‘(E) A refusal of the military judge to issue a protective
order sought by the United States to prevent the disclosure
of classified information.
‘‘(F) A refusal by the military judge to enforce an order
described in subparagraph (E) that has previously been issued
by appropriate authority.’’.
(b) DEFINITIONS.—Section 801 (article 1) is amended by insert-
ing after paragraph (14) the following new paragraphs:
‘‘(15) The term ‘classified information’ means (A) any
information or material that has been determined by an official
of the United States pursuant to law, an Executive order,
or regulation to require protection against unauthorized disclo-
sure for reasons of national security, and (B) any restricted
data, as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y)).
‘‘(16) The term ‘national security’ means the national
defense and foreign relations of the United States.’’.
SEC. 1142. REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF JUS-
TICE OF THE UNITED STATES TO DESIGNATE ARTICLE
III JUDGES FOR TEMPORARY SERVICE ON COURT OF
APPEALS FOR THE ARMED FORCES.
Subsection (i) of section 1301 of the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
10 U.S.C. 942 note) is repealed.
Subtitle E—Other Matters
SEC. 1151. ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION
OVER CIVILIANS ACCOMPANYING THE ARMED FORCES IN
TIME OF ARMED CONFLICT.
(a) ESTABLISHMENT.—Not later than 45 days after the date
of the enactment of this Act, the Secretary of Defense and the
Attorney General shall jointly appoint an advisory committee to
review and make recommendations concerning the appropriate
forum for criminal jurisdiction over civilians accompanying the
Armed Forces in the field outside the United States in time of
armed conflict.
(b) MEMBERSHIP.—The committee shall be composed of at least
five individuals, including experts in military law, international
law, and Federal civilian criminal law. In making appointments
to the committee, the Secretary and the Attorney General shall
ensure that the members of the committee reflect diverse experi-
ences in the conduct of prosecution and defense functions.
(c) DUTIES.—The committee shall do the following:
(1) Review historical experiences and current practices
concerning the use, training, discipline, and functions of
civilians accompanying the Armed Forces in the field.