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Code · BILL · 115th Congress · H.R. 2810 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military c... · Sec. 521

Sec. 521. Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016

1,463 words·~7 min read·/bill/115/hr/2810/pcs/section-521

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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
(A)after
(3); by striking President, and, to the extent practicable, shall have priority over all other proceedings before the court. and inserting the following; President, subject to section 830a of this title (article 30a). ; and by adding at the end the following new subparagraphs: To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals. Review of any decision by the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces. . 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 Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2904), is amended by adding at the end the following new subparagraph: Pre-referral matters under subsection
(c)or
(e)of section 806b of this title (article 6b). . Section 838(c)(2) of title 10, United States Code (article 38(c)(2) of the Uniform Code of Military Justice), is amended by striking section 860 of this title (article 60) and inserting section 860, 860a, or 860b of this title (article 60, 60a, or 60b) . Subsection
(b)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 Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2917), is amended— in paragraph (2), by striking or after the semicolon; in paragraph (3), by striking the period and inserting a semicolon; and by adding at the end the following new paragraphs: is prohibited by law; or is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements. . Subsection (d)(1) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by section 5301 of the Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2919), is amended— in the matter preceding subparagraph (A), by inserting after concerned, the following: and consistent with standards and procedures set forth in regulations prescribed by the President, ; and in subparagraph (B), by inserting before the period at the end the following: , as determined in accordance with standards and procedures prescribed by the President . 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 Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2923), is further amended in the matter after paragraph
(3)by striking , effective on the date and inserting the following: , if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date . The heading of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), is amended to read as follows: . 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) is amended by striking the item relating to section 858a (article 58a) and inserting the following new item: 858a. 58a. Sentences: reduction in enlisted grade. . Section 858b(b) of title 10, United States Code (article 58b(b) 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) . Section 862(b) of title 10, United States Code (article 62(b) 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 Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2929), is amended by inserting before the period at the end the following: , subject to such limitations as the President may prescribe by regulation . Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2932), is further amended— in subsection (e)(2)(C), by inserting after required the following: by regulation prescribed by the President or ; and in subsection (f)(3), by adding at the end the following new sentence: If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces. . Subsection
(f)of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as added by section 5521 of the Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2962), is amended— in paragraph (1), by striking fiscal year 2020 in the first sentence and inserting fiscal year 2021 ; 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. . Section 1059(e) of title 10, United States Code, 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 title 10, United States Code, is amended by striking the approval and all that follows through the end of the subparagraph and inserting entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice). . With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2967), subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016. With respect to the period beginning on December 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328 ; 130 Stat. 2967), in the application of subsection
(h)of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act (130 Stat. 2909), the reference in such subsection
(h)to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice). The amendments made by this section shall take effect immediately after the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328 ) take effect as provided for in section 5542 of that Act (130 Stat. 2967).
Connectionstraces to 1
9 references not yet in our index
  • 130 Stat. 2904
  • 130 Stat. 2917
  • 130 Stat. 2919
  • 130 Stat. 2923
  • 130 Stat. 2929
  • 130 Stat. 2932
  • 130 Stat. 2962
  • 130 Stat. 2967
  • 130 Stat. 2909
Citation graph
cites case law
Sec. 521
Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016
Pub. L.Public Law 114-328
Stat.130 Stat. 2904
Stat.130 Stat. 2917
Stat.130 Stat. 2919
Stat.130 Stat. 2923
Stat.130 Stat. 2929
Cites 10 · showing 6Cited by 0 across 0 sources
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