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SEC. 6407. MILITARY MAGISTRATES. 
Subchapter V of chapter 47 of title 10, United States 
Code, is amended by inserting after section 826 (article 
26 of the Uniform Code of Military Justice) the following 
new section (article): 
‘‘§ 826a. Art. 26a. Military magistrates 
‘‘(a) QUALIFICATIONS.—A military magistrate shall 
be a commissioned officer of the armed forces who— 
‘‘(1) is a member of the bar of a Federal court 
or a member of the bar of the highest court of a 
State; and 
‘‘(2) is certified to be qualified, by reason of 
education, training, experience, and judicial tem-
perament, for duty as a military magistrate by the 
Judge Advocate General of the armed force of which 
the officer is a member. 
‘‘(b) DUTIES.—In accordance with regulations pre-
scribed by the Secretary concerned, in addition to duties 
when designated under section 819 of this title (article 
19), a military magistrate may be assigned to perform 
other duties of a nonjudicial nature.’’. 
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TITLE LXV—PRE-TRIAL 
PROCEDURE 
SEC. 6501. CHARGES AND SPECIFICATIONS. 
Section 830 of title 10, United States Code (article 
30 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 830. Art. 30. Charges and specifications 
‘‘(a) IN GENERAL.—Charges and specifications— 
‘‘(1) may be preferred only by a person subject 
to this chapter; and 
‘‘(2) shall be preferred by presentment in writ-
ing, signed under oath before a commissioned officer 
of the armed forces who is authorized to administer 
oaths. 
‘‘(b) REQUIRED CONTENT.—The writing under sub-
section (a) shall state that— 
‘‘(1) the signer has personal knowledge of, or 
has investigated, the matters set forth in the charges 
and specifications; and 
‘‘(2) the charges and specifications are true, to 
the best of the knowledge and belief of the signer. 
‘‘(c) DUTY OF PROPER AUTHORITY.—When charges 
and specifications are preferred under subsection (a), the 
proper authority shall, as soon as practicable— 
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‘‘(1) inform the person accused of the charges 
and specifications; and 
‘‘(2) determine what disposition should be made 
of the charges and specifications in the interest of 
justice and discipline.’’. 
SEC. 6502. PRELIMINARY HEARING REQUIRED BEFORE RE-
FERRAL TO GENERAL COURT-MARTIAL. 
(a) IN GENERAL.—Section 832 of title 10, United 
States Code (article 32 of the Uniform Code of Military 
Justice), is amended by striking the section heading and 
subsections (a), (b), and (c), and inserting the following: 
‘‘§ 832. Art. 32. Preliminary hearing required before 
referral to general court-martial 
‘‘(a) IN GENERAL.—(1)(A) Except as provided in 
subparagraph (B), a preliminary hearing shall be held be-
fore referral of charges and specifications for trial by gen-
eral court-martial. The preliminary hearing shall be con-
ducted by an impartial hearing officer, detailed by the con-
vening authority in accordance with subsection (b). 
‘‘(B) Under regulations prescribed by the President, 
a preliminary hearing need not be held if the accused sub-
mits a written waiver to the convening authority and the 
convening authority determines that a hearing is not re-
quired. 
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‘‘(2) The issues for determination at a preliminary 
hearing are limited to the following: 
‘‘(A) Whether or not the specification alleges an 
offense under this chapter. 
‘‘(B) Whether or not there is probable cause to 
believe that the accused committed the offense 
charged. 
‘‘(C) Whether or not the convening authority 
has court-martial jurisdiction over the accused and 
over the offense. 
‘‘(D) A recommendation as to the disposition 
that should be made of the case. 
‘‘(b) HEARING OFFICER.—(1) A preliminary hearing 
under this section shall be conducted by an impartial hear-
ing officer, who— 
‘‘(A) whenever practicable, shall be a judge ad-
vocate who is certified under section 827(b)(2) of 
this title (article 27(b)(2)); or 
‘‘(B) in exceptional circumstances, shall be an 
impartial hearing officer, who is not a judge advo-
cate so certified. 
‘‘(2) In the case of a hearing officer under paragraph 
(1)(B), a judge advocate who is certified under section 
827(b)(2) of this title (article 27(b)(2)) shall be available 
to provide legal advice to the hearing officer. 
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‘‘(3) Whenever practicable, the hearing officer shall 
be equal in grade or senior in grade to military counsel 
who are detailed to represent the accused or the Govern-
ment at the preliminary hearing. 
‘‘(c) REPORT TO CONVENING AUTHORITY.—After a 
preliminary hearing under this section, the hearing officer 
shall submit to the convening authority a written report 
(accompanied by a recording of the preliminary hearing 
under subsection (e)) that includes the following: 
‘‘(1) For each specification, a statement of the 
reasoning and conclusions of the hearing officer with 
respect to determinations under subsection (a)(2), 
including a summary of relevant witness testimony 
and documentary evidence presented at the hearing 
and any observations of the hearing officer con-
cerning the testimony of witnesses and the avail-
ability and admissibility of evidence at trial. 
‘‘(2) Recommendations for any necessary modi-
fications to the form of the charges or specifications. 
‘‘(3) An analysis of any additional information 
submitted after the hearing by the parties or by a 
victim of an offense, that, under such rules as the 
President may prescribe, is relevant to disposition 
under sections 830 and 834 of this title (articles 30 
and 34). 
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‘‘(4) A statement of action taken on evidence 
adduced with respect to uncharged offenses, as de-
scribed in subsection (f).’’. 
(b) SUNDRY AMENDMENTS.—Subsection (d) of such 
section (article) is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(a)’’ in the first sentence and inserting ‘‘this sec-
tion’’; 
(2) in paragraph (2), by striking ‘‘in defense’’ 
and all that follows through the end and inserting 
‘‘that is relevant to the issues for determination 
under subsection (a)(2).’’; 
(3) in paragraph (3), by adding at the end the 
following new sentence: ‘‘A declination under this 
paragraph shall not serve as the sole basis for order-
ing a deposition under section 849 of this title (arti-
cle 49).’’; and 
(4) in paragraph (4), by striking ‘‘the limited 
purposes of the hearing, as provided in subsection 
(a)(2).’’ and inserting the following: ‘‘determinations 
under subsection (a)(2).’’. 
(c) REFERENCE TO MCM.—Subsection (e) of such 
section (article) is amended by striking ‘‘as prescribed by 
the Manual for Courts-Martial’’ in the second sentence 
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and inserting ‘‘under such rules as the President may pre-
scribe’’. 
(d) EFFECT OF VIOLATION.—Subsection (g) of such 
section (article) is amended by adding at the end the fol-
lowing new sentence: ‘‘A defect in a report under sub-
section (c) is not a basis for relief if the report is in sub-
stantial compliance with that subsection.’’. 
SEC. 6503. DISPOSITION GUIDANCE. 
Section 833 of title 10, United States Code (article 
33 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 833. Art 33. Disposition guidance 
‘‘The President shall direct the Secretary of Defense 
to issue, in consultation with the Secretary of the depart-
ment in which the Coast Guard is operating when it is 
not operating as a service in the Navy, non-binding guid-
ance regarding factors that commanders, convening au-
thorities, staff judge advocates, and judge advocates 
should take into account when exercising their duties with 
respect to disposition of charges and specifications in the 
interest of justice and discipline under sections 830 and 
834 of this title (articles 30 and 34). Such guidance shall 
take into account, with appropriate consideration of mili-
tary requirements, the principles contained in official 
guidance of the Attorney General to attorneys for the Gov-
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ernment with respect to disposition of Federal criminal 
cases in accordance with the principle of fair and even-
handed administration of Federal criminal law.’’. 
SEC. 6504. ADVICE TO CONVENING AUTHORITY BEFORE RE-
FERRAL FOR TRIAL. 
Section 834 of title 10, United States Code (article 
34 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 834. Art. 34. Advice to convening authority before 
referral for trial 
‘‘(a) GENERAL COURT-MARTIAL.— 
‘‘(1) STAFF
JUDGE
ADVOCATE
ADVICE
RE-
QUIRED
BEFORE
REFERRAL.—Before referral of 
charges and specifications to a general court-martial 
for trial, the convening authority shall submit the 
matter to the staff judge advocate for advice, which 
the staff judge advocate shall provide to the con-
vening authority in writing. The convening authority 
may not refer a specification under a charge to a 
general court-martial unless the staff judge advocate 
advises the convening authority in writing that— 
‘‘(A) the specification alleges an offense 
under this chapter; 
‘‘(B) there is probable cause to believe that 
the accused committed the offense charged; and 
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‘‘(C) a court-martial would have jurisdic-
tion over the accused and the offense. 
‘‘(2) STAFF JUDGE ADVOCATE RECOMMENDA-
TION AS TO DISPOSITION.—Together with the writ-
ten advice provided under paragraph (1), the staff 
judge advocate shall provide a written recommenda-
tion to the convening authority as to the disposition 
that should be made of the specification in the inter-
est of justice and discipline. 
‘‘(3) STAFF
JUDGE
ADVOCATE
ADVICE
AND 
RECOMMENDATION
TO
ACCOMPANY
REFERRAL.— 
When a convening authority makes a referral for 
trial by general court-martial, the written advice of 
the staff judge advocate under paragraph (1) and 
the written recommendation of the staff judge advo-
cate under paragraph (2) with respect to each speci-
fication shall accompany the referral. 
‘‘(b) SPECIAL COURT-MARTIAL; CONVENING AU-
THORITY CONSULTATION WITH JUDGE ADVOCATE.—Be-
fore referral of charges and specifications to a special 
court-martial for trial, the convening authority shall con-
sult a judge advocate on relevant legal issues. 
‘‘(c) GENERAL AND SPECIAL COURTS-MARTIAL; COR-
RECTION OF CHARGES AND SPECIFICATIONS BEFORE RE-
FERRAL.—Before referral for trial by general court-mar-
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tial or special court-martial, changes may be made to 
charges and specifications— 
‘‘(1) to correct errors in form; and 
‘‘(2) when applicable, to conform to the sub-
stance of the evidence contained in a report under 
section 832(c) of this title (article 32(c)). 
‘‘(d) DEFINITION.—In this section, the term ‘refer-
ral’ means the order of a convening authority that charges 
and specifications against an accused be tried by a speci-
fied court-martial.’’. 
SEC. 6505. SERVICE OF CHARGES AND COMMENCEMENT OF 
TRIAL. 
Section 835 of title 10, United States Code (article 
35 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 835. Art. 35. Service of charges; commencement of 
trial 
‘‘(a) IN GENERAL.—Trial counsel detailed for a 
court-martial under section 827 of this title (article 27) 
shall cause to be served upon the accused a copy of the 
charges and specifications referred for trial. 
‘‘(b) COMMENCEMENT
OF TRIAL.—(1) Subject to 
paragraphs (2) and (3), no trial or other proceeding of 
a general court-martial or a special court-martial (includ-
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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— 
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(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; 
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(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. 
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‘‘(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). 
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‘‘(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. 
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‘‘(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,’’. 
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(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. 
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‘‘(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 
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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. 
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‘‘(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. 
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‘‘(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: 
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‘‘§ 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 
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(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 
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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-
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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; 
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‘‘(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-
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cial court-martial, a plea agreement shall bind the parties 
and the military judge.’’. 
SEC. 6615. RECORD OF TRIAL. 
Section 854 of title 10, United States Code (article 
54 of the Uniform Code of Military Justice), is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) GENERAL
AND SPECIAL COURTS-MARTIAL.— 
Each general or special court-martial shall keep a separate 
record of the proceedings in each case brought before it. 
The record shall be certified by a court-reporter, except 
that in the case of death, disability, or absence of a court 
reporter, the record shall be certified by an official selected 
as the President may prescribe by regulation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b) Each special and sum-
mary court-martial’’ and inserting‘‘(b) SUM-
MARY COURT-MARTIAL.—Each summary 
court-martial’’; and 
(B) by striking ‘‘authenticated’’ and insert-
ing ‘‘certified’’; 
(3) by striking subsection (c) and inserting the 
following: 
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‘‘(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: 
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‘‘§ 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). 
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‘‘(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; 
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‘‘(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. 
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‘‘(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 
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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. 
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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. 
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‘‘(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. 
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‘‘(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 
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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 
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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; 
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‘‘(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)— 
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(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: 
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‘‘§ 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.’’. 
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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. 
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‘‘(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: 
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‘‘(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. 
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‘‘(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 
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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 
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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; 
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‘‘(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-
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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 
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the military judge, with copies provided to the accused and 
to any victim of the offense. 
‘‘(2) If the convening authority acts on the findings 
or the sentence under subsection (a)(1), the decision of 
the convening authority shall include a written explanation 
of the reasons for such action.’’. 
SEC. 6804. ENTRY OF JUDGMENT. 
Subchapter IX of chapter 47 of title 10, United 
States Code, is amended by inserting after section 860b 
(article 60b of the Uniform Code of Military Justice), as 
added by section 903, the following new section (article): 
‘‘§ 860c. Art. 60c. Entry of judgment 
‘‘(a) ENTRY OF JUDGMENT OF GENERAL OR 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 
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‘‘(ii) any ruling, order, or other determina-
tion of the military judge that affects a plea, a 
finding, or the sentence. 
‘‘(2) Under rules prescribed by the President, the 
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-
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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 
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(B) by adding at the end the following new 
subparagraph: 
‘‘(G) An order or ruling of the military 
judge entering a finding of not guilty with re-
spect to a charge or specification following the 
return of a finding of guilty by the members.’’; 
(2) in paragraph (2) of subsection (a)— 
(A) by striking ‘‘(2)’’ and inserting 
‘‘(2)(A)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) An appeal of an order or ruling may 
not be taken when prohibited by section 844 of 
this title (article 44).’’; and 
(3) by adding at the end the following: 
‘‘(d) The United States may appeal a ruling or order 
of a military magistrate in the same manner as had the 
ruling or order been made by a military judge, except that 
the issue shall first be presented to the military judge who 
designated the military magistrate or to a military judge 
detailed to hear the issue. 
‘‘(e) The provisions of this article shall be liberally 
construed to effect its purposes.’’. 
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SEC. 6807. REHEARINGS. 
Section 863 of title 10, United States Code (article 
63 of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each rehearing’’; 
(2) in the second sentence, by striking ‘‘may be 
approved’’ and inserting ‘‘may be adjudged’’; 
(3) by striking the third sentence; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(b) If the sentence adjudged by the first court-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.’’. 
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SEC. 6808. JUDGE ADVOCATE REVIEW OF FINDING OF 
GUILTY IN SUMMARY COURT-MARTIAL. 
(a) IN GENERAL.—Subsection (a) of section 864 of 
title 10, United States Code (article 64 of the Uniform 
Code of Military Justice), is amended by striking the first 
two 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 
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(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 
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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. 
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‘‘(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. 
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‘‘(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— 
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(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 
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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 
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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. 
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‘‘(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.’’. 
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(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,’’. 
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(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 
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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 
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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. 
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‘‘(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-
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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.’’. 
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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 
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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 
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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-
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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). 
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(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: 
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‘‘§ 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 
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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— 
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‘‘(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: 
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‘‘§ 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; 
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‘‘(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.’’. 
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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.’’. 
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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): 
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