Page:United States Statutes at Large Volume 99 Part 1.djvu/657

 PUBLIC LAW 9 9 - 1 4 5 - N O V. 8, 1985

99 STAT. 635

"(B) a faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or "(C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force. "(3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense. "(b)(1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless— "(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and "(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out in subsection (c). "(2) Findings under this subsection may be based on— "(A) evidence introduced on the issue of guilt or innocence; "(B) evidence introduced during the sentencing proceeding; or "(C) all such evidence. "(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. "(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: "(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute. "(2) In the commission of the offense, the accused knowingly Defense and created a grave risk of substantial damage to the national national security. ^^""''^y"(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person. "(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (article 36).". lo use 836. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter X of such chapter is amended by inserting after the item relating to section 906 (article 106) the following new item: "906a. Art. 106a. Espionage."

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS PART A—BASIC PAY AND ALLOWANCES SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1986

37 USC 1009

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1986 shall not be made. (b) THREE PERCENT PAY RAISE.—The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of mem-

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