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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 541

Sec. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

689 words·~3 min read·/statute-compilations/comps-13740/sec-541

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## SEC. 541 UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES ###
(a)Clarification of Authority of Judges of the Court To Administer Oaths and Acknowledgments Subsection
(c)of section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended to read as follows: > > ### “(c) > > Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by section 459 of title 28.” > . ###
(b)Modification of Term of Judges of the Court to Restore Rotation of Judges ####
(1)Early retirement authorized for one current judge **[**[10 U.S.C. 942 note](/us/usc/t10/s942)**]** If the judge of the United States Court of Appeals for the Armed Forces who is the junior in seniority of the two judges of the court whose terms of office under section 942(b)(2) of title 10, United States Code (article 142(b)(2) of the Uniform Code of Military Justice), expire on July 31, 2021, chooses to retire one year early, that judge— #####
(A)may retire from service on the court effective August 1, 2020; and #####
(B)shall be treated, upon such retirement, for all purposes as having completed a term of service for which the judge was appointed as a judge of the court. ####
(2)Staggering of future appointments Section 942(b)(2) of title 10, United States Code (article 142(b)(2) of the Uniform Code of Military Justice), is amended— #####
(A)by inserting “(A)” after “(2)”; #####
(B)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; and #####
(C)by adding at the end the following new subparagraph: > > ##### “(B) > > If at the time of the appointment of a judge the date that is otherwise applicable under subparagraph
(A)for the expiration of the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then the term of the judge being appointed shall expire on the first July 31 after such date on which no term of service of a judge already on the court will expire.” > . ####
(3)Application of amendments **[**[10 U.S.C. 942 note](/us/usc/t10/s942)**]** The amendments made by paragraph
(2)shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that are made on or after the date of the enactment of this Act. ###
(c)Repeal of Requirement Relating to Political Party Status of Judges of the Court Section 942(b)(3) of title 10, United States Code (article 142(b)(3) of the Uniform Code of Military Justice), is amended by striking “Not more than three of the judges of the court may be appointed from the same political party, and no” and by inserting “No”. ###
(d)Modification of Daily Rate of Compensation for Senior Judges Performing Judicial Duties With the Court Section 942(e)(2) of title 10, United States Code (article 142(e)(2) of the Uniform Code of Military Justice), is amended by striking “ equal to ” and all that follows and inserting > “equal to the difference between— > > > ##### “(A) > > the daily equivalent of the annual rate of pay provided for a judge of the court; and > > > ##### “(B) > > the daily equivalent of the annuity of the judge under section 945 of this title (article 145), the applicable provisions of title 5, or any other retirement system for employees of the Federal Government under which the senior judge receives an annuity.” > . ###
(e)Repeal of Dual Compensation Provision Relating to Judges of the Court Section 945 of title 10, United States Code (article 145 of the Uniform Code of Military Justice), is amended— ####
(1)in subsection (d), by striking “subsection (g)(1)(B)” and inserting “subsection (f)(1)(B)”; ####
(2)by striking subsection (f); and ####
(3)by redesignating subsections (g), (h), and
(i)as subsections (f), (g), and (h), respectively.
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Sec. 541
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
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