Page:United States Statutes at Large Volume 110 Part 1.djvu/490

 110 STAT. 466 PUBLIC LAW 104-106—FEB. 10, 1996 "(A) the general court-martial convening authority may commit the person to the custody of the Attorney General; and "(B) the Attorney General shall take action in accordance with subsection (e) of section 4243 of title 18. "(5) Subsections (f), (g), and (h) of section 4243 of title 18 shall apply in the case of a person hospitalized pursuant to paragraph (4)(B), except that the United States district court for the district where the person is hospitalized shall be considered as the court that ordered the person's commitment. "(c) GENERAL PROVISIONS.—(1) Except as otherwise provided in this subsection and subsection (d)(1), the provisions of section 4247 of title 18 apply in the administration of this section. "(2) In the application of section 4247(d) of title 18 to hearings conducted by a court-martial under this section or by (or by order of) a general court-martial convening authority under this section, the reference in that section to section 3006A of such title does not apply. "(d) APPLICABILITY. —(1) The provisions of chapter 313 of title 18 referred to in this section apply according to the provisions of this section notwithstanding section 4247(j) of title 18. "(2) If the status of a person as described in section 802 of this title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply » to that person notwithstanding the change of status.". (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 876a (article 76a) the following: "876b. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment.". (b) CONFORMING AMENDMENT.— Section 802 (article 2) is amended by adding at the end the following new subsection: "(e) The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).". 10 USC 876b (c) EFFECTIVE DATE.— Section 876b of title 10, United States note. Code (article 76b of the Uniform Code of Military Justice), as added by subsection (a), shall take effect at the end of the sixmonth period beginning on the date of the enactment of this Act and shall apply with respect to charges referred to courts-martial after the end of that period. Subtitle D—Appellate Matters SEC. 1141. APPEALS BY THE UNITED STATES. (a) APPEALS RELATING TO DISCLOSURE OF CLASSIFIED INFORMA- TION.— Section 862(a)(1) (article 62(a)(1)) is amended to read as follows: "(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification):

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