Page:United States Statutes at Large Volume 97.djvu/1436

 97 STAT. 1404 PUBLIC LAW 98-209—DEC. 6, 1983 "(3) Any other substance not specified in clause (1) or con- tained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).". (b) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 912 (article 112) the following new item: "912a. 112a. Wrongful use, possession, etc., of controlled substances.". THE CODE COMMITTEE 10 USC 867. SEC. 9. (a) Section 867(g) (article 67(g)) is amended— (1) by striking out "The Court of Military Appeals" and all that follows through "and report" and inserting in lieu thereof "(1) A committee consisting of the judges of the Court of Mili- tary Appeals, the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, the Director, Judge Advocate Division, Headquarters, United States Marine Corps, and two members of the public appointed by the Secretary of Defense shall meet at least annually. The commit- tee shall make an annual comprehensive survey of the oper- ation of this chapter. After each such survey, the committee shall report"; (2) by adding at the end thereof the following: "(2) Each member of the committee appointed by the Secretary of Defense shall be a recognized authority in military justice or crimi- nal law. Each such member shall be appointed for a term of three years. "(3) The Federal Advisorv Committee Act (5 U.S.C. App. I) shall not apply to the committee.'. (b)(l) The Secretary of Defense shall establish a commission to study and make recommendations concerning the following matters: (A) Whether the sentencing authority in court-martial cases should be exercised by a military judge in all noncapital cases to which a military judge has been detailed. (B) Whether military judges and the Courts of Military Review should have the power to suspend sentences. (C) Whether the jurisdiction of the special court-martial should be expanded to permit adjudgment of sentences includ- ing confinement of up to one year, and what, if any, changes should be made to current appellate jurisdiction. (D) Whether military judges, including those presiding at special and general courts-martial and those sitting on the Courts of Military Review, should have tenure. (E) What should be the elements of a fair and equitable retirement system for the judges of the United States Court of Military Appeals. Membership. (2) The commission shall consist of nine members, at least three of whom shall be persons from private life who are recognized authori- ties in military justice or criminal law. Report. (3) The commission shall prepare a comprehensive report in sup- port of its recommendations on the matters set forth in paragraph (1). The commission shall include in such report its findings and comments on the following matters: (A) The experience in the civilian sector with jury sentencing and judge-alone sentencing, with particular reference to consist- 5 USC app. eommission, establishment. Study and recommenda- tions. 10 USC 867 note.

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