Sec. 531. CLARIFYING AMENDMENTS RELATED TO THE UNIFORM CODE OF MILITARY JUSTICE REFORM BY THE MILITARY JUSTICE ACT OF 2016

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## SEC. 531 CLARIFYING AMENDMENTS RELATED TO THE UNIFORM CODE OF MILITARY JUSTICE REFORM BY THE MILITARY JUSTICE ACT OF 2016 ###

(a)Enforcement of Rights of Victims of Offenses Under UCMJ Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended— ####

(1)by inserting “(A)” after “(3)”; ####

(2)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 ####

(3)by adding at the end the following new subparagraphs: > > ##### “(B) > > 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. > > > ##### “(C) > > Review of any decision of 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.” > . ###

(b)Review of Certain Matters Before Referral of Charges and Specifications 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— ####

(1)in the matter preceding subparagraph (A), by inserting “, or otherwise act on,” after “to review”; and ####

(2)by adding at the end the following new subparagraph: > > ##### “(D) > > Pre-referral matters under subsection

(c)or

(e)of section 806b of this title (article 6b).” > . ###

(c)Defense Counsel Assistance in Post-trial Matters for Accused Convicted by Court-martial 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)”. ###

(d)Limitation on Acceptance of Plea Agreements 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— ####

(1)in subsection (b)— #####

(A)in paragraph (2), by striking “or” after the semicolon; #####

(B)in paragraph (3), by striking the period and inserting a semicolon; and #####

(C)by adding at the end the following new paragraphs: > > #### “(4) > > is prohibited by law; or > > > #### “(5) > > is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.” > ; and ####

(2)in subsection (d), by striking “shall bind the parties and the military judge” and inserting “shall bind the parties and the court-martial”. ###

(e)Applicability of Standards and Procedures to Sentence Appeal by the United States 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— ####

(1)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 ####

(2)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”. ###

(f)Sentence of Reduction in Enlisted Grade ####

(1)In general 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”. ####

(2)Section heading 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: > > ## “SEC. 858a Art. 58a. Sentences: reduction in enlisted grade” > . ####

(3)Clerical amendment **[**[10 U.S.C. 855](/us/usc/t10/s855)**]** 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.” ". ###

(g)Convening Authority Authorities 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)”. ###

(h)Appeal by the United States 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))”. ###

(i)Rehearing and Sentencing 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”. ###

(j)Courts of Criminal Appeals 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— ####

(1)in subsection (e)(2)(C), by inserting after “required” the following: “by regulation prescribed by the President or”; and ####

(2)in subsection (f)(3)— #####

(A)by inserting “of Criminal Appeals” after “Court” the first time it appears; and #####

(B)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.”. ###

(k)Military Justice Review Panel 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— ####

(1)in paragraph (1), by striking “fiscal year 2020” in the first sentence and inserting “fiscal year 2021”; ####

(2)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 ####

(3)by striking paragraph

(5)and inserting the following new paragraph (5): > > #### “(5) Reports > > 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— > > > ##### “(A) > > shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and > > > ##### “(B) > > shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.” > . ###

(l)Transitional Compensation for Dependents of Members Separated for Dependent Abuse Section 1059(e) of title 10, United States Code, is amended— ####

(1)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 ####

(2)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),”. ###

(m)Benefits for Dependents Who Are Victims of Abuse by Members Losing Right to Retired Pay 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).”. ###

(n)Treatment of Certain Offenses Pending Execution of Military Justice Act of 2016 Amendments ####

(1)Applicability to certain cases **[**[10 U.S.C. 801 note](/us/usc/t10/s801)**]** Section 5542(c)(1) of the Military Justice Act of 2016 (division E of Public Law 114-328; 130 Stat. 2967) is amended by inserting after “shall apply to a case in which” the following: “a specification alleges the commission, before the effective date of such amendments, of one or more offenses or to a case in which”. ####

(2)Child abuse offenses **[**[10 U.S.C. 843 note](/us/usc/t10/s843)**]** 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. ####

(3)Fraudulent enlistment or appointment offenses **[**[10 U.S.C. 843 note](/us/usc/t10/s843)**]** 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). ###

(o)Sentencing in Certain Transitional Cases **[**[10 U.S.C. 801 note](/us/usc/t10/s801)**]** ####

(1)In general In any transition-period court-martial, the relevant sentencing sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall be applied as follows: #####

(A)Except as provided in subparagraph (B), the relevant sentencing sections shall be applied as if the amendments to such sections made by the Military Justice Act of 2016 (division E of Public Law 114-328) and this section had not been enacted. #####

(B)If the accused so requests, the relevant sentencing sections shall be applied as amended by the Military Justice Act of 2016 (division E of Public Law 114-328) and this section. ####

(2)Definitions In this subsection: #####

(A)Transition-period court-martial The term “transition-period court-martial” means a court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that consists of both of the following: ######

(i)A prosecution of one or more 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). ######

(ii)A prosecution of one or more offenses committed on or after that date. #####

(B)Relevant sentencing sections The term “relevant sentencing sections” means section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), and any other sections (articles) of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that, by regulation prescribed by the President, are designated as relevant to sentencing for the purposes of paragraph (1). ###

(p)Effective Date **[**[10 U.S.C. 801 note](/us/usc/t10/s801)**]** 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).

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