I 
111TH CONGRESS 
2D SESSION 
H. R. 5374 
To provide for the reimbursement of attorney fees incurred by a member 
of the Armed Forces who retains private counsel in response to certain 
charges brought against the member under the Uniform Code of Military 
Justice and is acquitted or has the charges dismissed or withdrawn. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2010 
Ms. GRANGER (for herself, Mr. THORNBERRY, Mr. BURTON of Indiana, Mr. 
CRENSHAW, 
Mr. 
CARTER, 
Mrs. 
MYRICK, 
Mr. 
KINGSTON, 
Mr. 
CULBERSON, Mr. WITTMAN, Mr. NEUGEBAUER, and Mr. OLSON) intro-
duced the following bill; which was referred to the Committee on Armed 
Services 
A BILL 
To provide for the reimbursement of attorney fees incurred 
by a member of the Armed Forces who retains private 
counsel in response to certain charges brought against 
the member under the Uniform Code of Military Justice 
and is acquitted or has the charges dismissed or with-
drawn. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A 
MEMBER OF THE ARMED FORCES WHO RE-
TAINS PRIVATE COUNSEL AND HAS CHARGES 
BROUGHT UNDER THE UNIFORM CODE OF 
MILITARY JUSTICE DISMISSED OR WITH-
DRAWN OR IS ACQUITTED. 
(a) REIMBURSEMENT REQUIRED UNDER CERTAIN 
CIRCUMSTANCES.—Section 827 of title 10, United States 
Code (article 27 of the Uniform Code of Military Justice), 
is amended by adding at the end the following new sub-
section: 
‘‘(d)(1) Nothing in this section (article) prohibits an 
accused from retaining private counsel to serve as defense 
counsel before a general court-martial or special court- 
martial. 
‘‘(2)(A) If the accused retains private counsel to rep-
resent the accused in a case described in subparagraph 
(B) and all of the charges against the accused are dis-
missed or withdrawn or the accused is acquitted on all 
charges (or some combination of dismissed or withdrawn 
charges and acquittal), the Secretary concerned shall re-
imburse the accused for all attorney fees incurred by the 
accused in the case. 
‘‘(B) Subparagraph (A) applies with respect to a case 
against a person subject to this chapter who is accused 
of any offense in violation of this chapter under cir-
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cumstances involving the treatment of an insurgent, 
enemy combatant, detainee, or a suspected or known ter-
rorist. 
‘‘(C) The Secretary concerned shall provide reim-
bursement required under this paragraph using funds oth-
erwise available to the Secretary to carry out this chap-
ter.’’. 
(b) RETROACTIVE APPLICATION OF AMENDMENT.— 
Paragraph (2) of subsection (d) of section 827 of title 10, 
United States Code (article 27 of the Uniform Code of 
Military Justice), as added by subsection (a), applies with 
respect to any charges brought under the Uniform Code 
of Military Justice after September 11, 2001, that involve 
the circumstances described in subparagraph (B) of such 
paragraph. 
Æ 
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