Page:Title 3 CFR 2002 Compilation.djvu/241

 EO 13262 Title 3--The President "2002 Amendment: Subsection (d)(4) was amended as a result of the en- actment of Article 56a, UCMJ, in section 581 of the National Defense Au- thorization Act for Fiscal Year 1998, Pub. L. No. 105-85, 111 Stat. 1629, 1759 (1997). "Subsection (d)(5) is new. The amendment addresses the impact of Arti- cle 58b, UCMI. In special courts-martial, where the cumulative impact of a fine and forfeitures, whether adiudged or by operation of Article 58b, would otherwise exceed the total dollar amount of forfeitures that could be adiudged at the special court-martial, the fine and/or adiudged forfeitures should be disapproved or decreased accordingly. See generally United States v. Tualla, 52 MJ. 228, 231-32 (2000)." t. The Analysis to R.C.M. 1109 is amended by adding at the end the fol- lowing new paragraphs: "2002 Amendment: Subsection (e) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. "(f) Vacation of a suspended special courl-murtiul sentence that includes u bad-conduct discharge or conjS'nement for one year. Subsection (f) was amended to implement the amendment to 10 U.S.C. \365thnsp;819 (Article 19, UCM]) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum punishment at special courts-martial. This amend- ment reflects the decision to treat an approved sentence of confinement for one year, regardless of whether any period of confinement is suspended, as a serious offense, in the same manner as a suspended approved bad-con- duct discharge at special courts-martial under Article 72, UCMJ, and R.C.M. 1109.". u. The Analysis to R.C.M. 1110(a) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: Subsection (a) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial.". v. The Analysis to R.C.M. 1111 is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: R.C.M. 1111(b) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. The amendment ensures all special courts-martial not requiring appellate review are reviewed by a iudge advo- cate under R.C.M. 1112.". w. The Analysis to R.C.M. 1112 is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: R.C.M. 1112(a)(2) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 228

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