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Code · BILL · 115th Congress · H.R. 2810 (PAP) — 115 HR 2810 : National Defense Authorization Act for Fiscal Year 2018 · Sec. 522

Sec. 522. Technical and conforming amendments in connection with reform of the Uniform Code of Military Justice

2,588 words·~12 min read·/bill/115/hr/2810/pap/section-522·

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b , and 137 Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended in the matter preceding paragraph
(1)by striking chapter: and inserting chapter (the Uniform Code of Military Justice): . Section 806b(b) of title 10, United States Code (article 6b(b) of the Uniform Code of Military Justice), is amended by striking (the Uniform Code of Military Justice) . Section 937 of title 10, United States Code (article 137 of the Uniform Code of Military Justice), as amended by section 5503 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ), is further amended by striking (the Uniform Code of Military Justice) each place it appears as follows: In subsection (a)(1), in the matter preceding subparagraph (A). In subsection (b), in the matter preceding subparagraph (A). In subsection (d), in the matter preceding paragraph (1). b Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended— by inserting after President, the following: subject to section 830a of this title (article 30a). ; by striking and, to the extent practicable, and inserting To the extent practicable, such a petition ; and by striking before the court. and inserting before the Court of Criminal Appeals. . a Subsection (a)(1) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), as added by section 5202 of the National Defense Authorization Act for Fiscal Year 2017, is amended— in the matter preceding subparagraph (A), by inserting , or otherwise act on, after to review ; and by adding at the end the following new subparagraph: Pre-referral matters under subsections
(c)and
(e)of section 806b of this title (article 6b). . Subsection (a)(4) of section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), as amended by section 5222(1) of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25) and inserting under section 853(b)(1) of this title (article 53(b)(1)) . Subsection
(i)of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(c) of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking and inserting Dna Evidence .— . DNA Evidence .— Subsection (c)(1) of section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by section 5230 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking section 866(g) of this title (article 66(g)) and inserting section 866(h) of this title (article 66(h)) . Subsection (b)(1)(B) of section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), as amended by section 5236 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking in a trial . a Subsection
(d)of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as added by section 5237 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking military judge the second place it appears and inserting court-martial . Subsection (d)(1) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as amended by section 5301 of the National Defense Authorization Act for Fiscal Year 2017, is further amended— in the matter preceding subparagraph (A), by inserting after concerned, the following: under standards and procedures set forth in regulations prescribed by the President, ; and in subparagraph (B), by inserting after
(B)the following: as determined in accordance with standards and procedures prescribed by the President, . a Subsection
(a)of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), as amended by section 5303(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the matter after paragraph
(3)by inserting after reduces the following: , if such a reduction is authorized by regulation prescribed by the President, . The heading of such section (article) is amended to read as follows: . b Subsection
(b)of section 858b of title 10, United States Code (article 58b of the Uniform Code of Military Justice), is amended in the first sentence by striking section 860 of this title (article 60) and inserting section 860a or 860b of this title (article 60a or 60b) . Subsection
(b)of section 862 of title 10, United States Code (article 62 of the Uniform Code of Military Justice), is amended by striking , notwithstanding section 866(c) of this title (article 66(c)) . Subsection
(b)of section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), as added by section 5327 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking the period at the end and inserting , subject to such limitations as the President may prescribe by regulation. . Subsection
(a)of section 864 of title 10, United States Code (article 64 of the Uniform Code of Military Justice), as amended by section 5328(a) of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking
(a)and inserting In general .—
(a). In general .— Subsection (b)(1) of section 865 of title 10, United States Code (article 65 of the Uniform Code of Military Justice), as amended by section 5329 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking section 866(b)(2) of this title (article 66(b)(2)) and inserting section 866(b)(3) of this title (article 66(b)(3)) . Subsection (e)(2)(C) of section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by inserting after required the following: by regulation prescribed by the President or . Subsection (c)(1)(A) of section 869 of title 10, United States Code (article 69 of the Uniform Code of Military Justice), as amended by section 5233 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by inserting a comma after in part . Subsection
(b)of section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice), as amended by section 5403 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking section 99 and inserting section 899 . a Section 8312(b)(2)(A) of title 5, United States Code, is amended by striking article 106a and inserting article 103a . a Subsection
(b)of section 919a of title 10, United States Code (article 119a of the Uniform Code of Military Justice), as amended by section 5401(13)(B) of the National Defense Authorization Act for Fiscal Year 2017, is further amended— by striking 928a, 926, and 928 and inserting 926, 928, and 928a ; and by striking 128a 126, and 128 and inserting 126, 128, and 128a . Subsection (g)(2) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by section 5430(b) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the first sentence by striking brest and inserting breast . Subsection (b)(2) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), as amended by section 5441 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking the comma after substantial bodily harm . Subsection (b)(2) of section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice), as added by section 5450 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking section 1034(h) and inserting section 1034(j) . Subsection
(f)of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as amended by section 5521 of the National Defense Authorization Act for Fiscal Year 2017, is further amended— in paragraph (2), by striking the sentence beginning Not later than and inserting the following new sentence: The analysis under this paragraph shall be included in the assessment required by paragraph (1). ; and by striking paragraph
(5)and inserting the following new paragraph (5): With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report— shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded. . The table of sections at the beginning of subchapter II of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 810 and 812 (articles 10 and 12) by striking Art. . The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(2) of the National Defense Authorization Act for Fiscal Year 2017, is further amended— by striking 825. the second place it appears and inserting 825a. ; and in the items relating to sections 825a, 826a, and 829 (articles 25a, 26a, and 29), by striking Art. . The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(3) of the National Defense Authorization Act for Fiscal Year 2017, is further amended— by striking 830. the second place it appears and inserting 830a. ; and in the items relating to sections 830a and 832 through 835 (articles 30a and 32 through 35), by striking Art. . The table of sections at the beginning of subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(4) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 846 through 848, 850, 852, 853, and 853a (articles 46 through 48, 50, 52, 53, and 53a) by striking Art. . The table of sections at the beginning of subchapter VIII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(5) of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking the item relating to section 858a (article 58a) and inserting the following new item: 858a. 58a. Sentences: reduction in enlisted grade. . The table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(6) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 860 through 861, 864 through 866, and 869 (articles 60 through 61, 64 through 66, and 69) by striking Art. . The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5452 of the National Defense Authorization Act for Fiscal Year 2017, is further amended— in the items relating to sections 877 through 934 (articles 77 through 134), by striking Art. ; in the item relating to section 887a (article 87a), by striking Resistence and inserting Resistance ; in the item relating to section 908 (article 108), by striking of the United States–Loss and inserting of United States–Loss, ; and in the item relating to section 909 (article 109), by striking of the and inserting of . The table of sections at the beginning of subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(7) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 936 and 940a (articles 136 and 140a) by striking Art. . The table of sections at the beginning of subchapter XII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(8) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 946 and 946a (articles 146 and 146a) by striking Art. . Section 673(a) of title 10, United States Code, is amended by striking section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) and inserting section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) . Section 674(a) of such title is amended by striking section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice) . Section 1034(c)(2)(A) of such title is amended by striking sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice) . Section 1044e(g)(1) of such title is amended by striking section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) and inserting section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice) . Section 1059(e) of such title is amended— in paragraph (1)(A)(ii), by striking the approval of and all that follows through as approved, and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence ; and in paragraph (3)(A), by striking by a court-martial the second place it appears and all that follows through include any such punishment, and inserting for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article), . Section 1408(h)(10)(A) of such title is amended by striking the approval and all that follows and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice). . The amendments made by this section shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017, as provided for in section 5542 of that Act.
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Sec. 522
Technical and conforming amendments in connection with reform of the Uniform Code of Military Justice
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