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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 5542

Sec. 5542. EFFECTIVE DATES

484 words·~2 min read·/statute-compilations/comps-13740/sec-5542

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## SEC. 5542 EFFECTIVE DATES **[**[10 U.S.C. 801 note](/us/usc/t10/s801)**]** ###
(a)In General Except as otherwise provided in this division, the amendments made by this division shall take effect on the date designated by the President, which date shall be not later than the first day of the first calendar month that begins two years after the date of the enactment of this Act. ###
(b)Implementing Regulations The President shall prescribe regulations implementing this division and the amendments made by this division by not later than one year after the date of the enactment of this Act, except as otherwise provided in this division. ###
(c)Applicability ####
(1)In general Subject to the provisions of this division and the amendments made by this division, the President shall prescribe in regulations whether, and to what extent, the amendments made by this division shall apply to a case in which a specification alleges the commission, before the effective date of such amendments, of one or more offenses or to a case in which23 one or more actions under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), have been taken before the effective date of such amendments. 23Section 531(n)(1) of Public Law 115–91 provides for an amendment to insert “a specification alleges the commission, before the effective date of such amendments, of one or more offenses or to a case in which” afer “shall apply to a case in which”. Subsection
(p)of such section provides “[t]he 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)”. ####
(2)Inapplicability to cases in which charges already referred to trial on effective date Except as otherwise provided in this division or the amendments made by this division, the amendments made by this division shall not apply to any case in which charges are referred to trial by court-martial before the effective date of such amendments. Proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. ####
(3)Punitive article amendments #####
(A)In general The amendments made by title LX shall not apply to any offense committed before the effective date of such amendments. #####
(B)Construction Nothing in subparagraph
(A)shall be construed to invalidate the prosecution of any offense committed before the effective date of such amendments. ####
(4)Sentencing amendments The regulations prescribing the authorized punishments for any offense committed before the effective date of the amendments made by title LVIII shall apply to the authorized punishments for the offense, as in effect at the time the offense is committed. ### Division D FUNDING TABLES * * * * * * *
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  • 130 Stat. 2967
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Sec. 5542
EFFECTIVE DATES
Stat.130 Stat. 2967
Cites 4Cited by 0 across 0 sources
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