Page:Title 3 CFR 2005 Compilation.djvu/194

 Executive Orders EO 13387 (A) Reviewing and appellate authorities may examine sealed matters when those authorities determine that such action is reasonably necessary to a proper fulfillment of their responsibilities under the Uniform Code of Military Justice, the Manual for Courts-Martial, governing directives, in- structions, regulations, applicable rules for practice and procedure, or rules of professional responsibility. (B) Reviewing and appellate authorities shall not, however, disclose sealed matter or information in the absence of: (i) Prior authorization of the Judge Advocate General in the case of re- view under Rule for Courts-Martial 1201(b); or (ii) Prior authorization of the appellate court before which a case is pending review under Rules for Courts-Martial 1203 and \177204. (C) In those cases in which review is sought or pending before the United States Supreme Court, authorization to disclose sealed materials or information shall be obtained under that Court's rules of practice and pro- cedure. (D) The authorizing officials in paragraph (B)(ii) above may place condi- tions on authorized disclosures in order to minimize the disclosure. (E) For purposes of this rule, reviewing and appellate authorities are lim- ited to: (i) Judge advocates reviewing records pursuant to Rule for Courts-Martial \1772; (ii) Officers and attorneys in the office of the Judge Advocate General re- viewing records pursuant to Rule for Courts-Martial 1201(b); (iii) Appellate government counsel; (iv) Appellate defense counsel; (v) Appellate judges of the Courts of Criminal Appeals and their profes- sional staffs; (vi) The judges of the United States Court of Appeals for the Armed Forces and their professional staffs; (vii) The Justices of the United States Supreme Court and their profes- sional staffs; and (viii) Any other court of competent jurisdiction." (s) R.C.M. 1301(a) is amended by inserting the following after the second sentence: "Summary courts-martial shall be conducted in accordance with the reg- ulations of the military service to which the accused belongs." Sec. 2. Part III of the Manual for Courts-Martial, United States, is amended as follows: Mil. R. Evid. 3\1777(b) is amended by replacing the word "Transportation" with the words "Homeland Security." Sec. 3. Part IV of the Manual for Courts-Martial, United States, is amended as follows:

�