Page:Title 3 CFR 2005 Compilation.djvu/200

 Executive Orders EO 13387 Changes to the Discussion accompanying the Manual for Courts-Martial, United States (a) The Discussion section of Part I (Preamble) is amended by replacing the word "Transportation" both times it appears with the words "Homeland Security". (b) The Discussion section following R.C.M. 103(19), Definition for 10 U.S.C. 801(I), is amended by replacing the words "the General Counsel of the Department of Transportation." with the following: "an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. LNOTE: The Secretmy of Homeland Security has designated the Chief Counsel, U.S. Coast Guard, to serve as the Judge Advocate General of the Coast Guard.]" (c) The Discussion following R.C.M. 201 (e)(7)(B) is amended by adding the following sentence to the beginning of the Discussion: "As to the authority to convene courts-martial, see R.C.M. 504." (d) The Discussion accompanying R.C.M. 307(c)(4) is amended by striking the first sentence. (e) The Discussion accompanying R.C.M. 601 (e) is amended by replacing the sixth paragraph with the following: "The convening authority shall indicate that the case is to be tried as a capital case by including a special instruction in the referral block of the charge sheet. Failure to include this special instruction at the time of the referral shall not bar the convening authority from later adding the required special instruction, provided that the convening authority has otherwise complied with the applicable notice requirements. If the accused demonstrates specific prejudice from such failure to include the special instructJun, a continuance or a recess is an adequate remedy." (f) The Discussion following R.C.M. 907(b)(2)(B) is amended by inserting, in the first sentence, the word "either:" before the \177vords "no limitation"; by inserting the words "; or child 187

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