Manual for Courts-Martial; Proposed Amendments, 23907-23908 [2018-09949]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
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Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
[FR Doc. 2018–10905 Filed 5–22–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2018–OS–0024]
Manual for Courts-Martial; Proposed
Amendments
Joint Service Committee on
Military Justice (JSC), Department of
Defense.
ACTION: Notice of response to public
comments on proposed amendments to
the Manual for Courts-Martial, United
States (2016 ed.).
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
The Joint Service Committee
on Military Justice (JSC) is publishing
the response to public comments
concerning amendments to the Manual
for Courts-Martial, United States
SUMMARY:
VerDate Sep<11>2014
17:33 May 22, 2018
Jkt 244001
(MCM). These amendments include
provisions implementing the Military
Justice Act of 2016 and subsequent
amendments necessitated by follow-on
legislation. The changes concern the
rules of procedure and evidence
applicable in trials by court-martial,
nonjudicial punishment proceedings,
and the punitive articles of the Uniform
Code of Military Justice. Also included
is a proposed revision of Appendix 12A
of the Manual for Courts-Martial
concerning lesser included offenses.
The approval authority for these
changes is the President. These
proposed changes have not been
coordinated within the Department of
Defense under DoD Directive 5500.01,
‘‘Preparing, Processing and
Coordinating Legislation, Executive
Orders, Proclamations, Views Letters,
and Testimony,’’ June 15, 2007, and do
not constitute the official position of the
Department of Defense, the Military
Departments, or any other Government
agency.
LT
Alexandra Nica, JAGC, USN, (202) 685–
7058 or alexandra.nica@navy.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On July 11, 2017 (79 FR 59938–
59959), the JSC published a Notice of
Proposed Amendments concerning
procedure and evidence applicable in
trials by court-martial, non-judicial
punishment proceedings, and the
punitive articles of the Uniform Code of
Military Justice as amended by the
Military Justice Act of 2016, Division E
of the National Defense Authorization
Act for Fiscal Year 2017 and follow-on
changes made by the National Defense
Authorization Act for Fiscal Year 2018.
The Notice also included a proposed
revision of Appendix 12A of the Manual
for Courts-Martial concerning lesser
included offenses and a Notice of Public
Meeting to receive comments on these
proposals. The public meeting was held
on August 3, 2017. Two members of the
public provided oral comments at the
public meeting, and both members of
the public also submitted written
comments electronically. Several
additional written comments were
received electronically. All comments
were considered by the JSC.
Public Comments
Comments and materials received
from the public are available under
Docket ID Number DOD–2017–OS–
0032, and at the following link https://
www.regulations.gov/docket?D=DOD2017-OS-0032.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
23907
Discussion of Comments and Changes
The JSC considered each public
comment and made some modifications
to the proposed amendments
accordingly.
a. Several comments concerning
orthography, grammar, and syntax were
received and reviewed, and corrections
were made throughout the Manual for
Courts-Martial.
b. The extensive nature of the
proposed changes necessitated the
reproduction, in full, of Parts I–V of the
Manual for Courts-Martial and, although
not a part of the proposed Executive
Order or issued by the President, the
Analyses and Discussions were set forth
immediately following the provisions
and paragraphs to which they pertained
to facilitate review and comment on the
proposed amendments. Additionally,
Appendix 2.1 provided proposed nonbinding guidance to be issued by the
Secretary of Defense, in consultation
with the Secretary of Homeland
Security, pursuant to Article 33
(Disposition Guidance) of the Uniform
Code of Military Justice (UCMJ), 10
U.S.C. 833. Comments were received
suggesting changes to Analyses,
Discussions, and the Appendices. These
comments are being considered by the
JSC and the Department of Defense in
the preparation of the supplementary
materials.
c. The Department of Defense
published several proposals concerning
impaneling and excusing excess
members and specifically solicited
comments as to the optimal rule for
removing excess members consistent
with Article 36 of the Uniform Code of
Military Justice. Several comments were
received regarding the different
proposals. Proposal #1, providing for
the random assignment of numbers to
remaining members by the military
judge, was incorporated.
d. A comment proposing a change to
R.C.M. 804 to ensure that court-martial
attendance by the accused constitutes
the accused’s appointed place of duty
for purposes of pay and allowance was
received. The comment highlighted that
multiple courts had granted
confinement credit for accused who did
not receive normal pay and allowances
or had to pay for their own travel and
housing during the pendency of the
court-martial. The JSC has adopted this
proposal as follows:
—R.C.M. 804(a) is amended to read as
follows:
‘‘(a) Presence required. The accused
shall be present at the arraignment, the
time of the plea, every stage of the trial
including sessions conducted under
Article 39(a), voir dire and challenges of
E:\FR\FM\23MYN1.SGM
23MYN1
daltland on DSKBBV9HB2PROD with NOTICES
23908
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
members, the return of the findings,
presentencing proceedings, and posttrial sessions, if any, except as otherwise
provided by this rule. Attendance at
these proceedings shall constitute the
accused’s appointed place of duty and,
with respect to the accused’s travel
allowances, none of these proceedings
shall constitute disciplinary action. This
does not in any way limit authority to
implement restriction, up to and
including confinement, as necessary in
accordance with R.C.M. 304 or R.C.M.
305.’’
e. A comment was received proposing
changes to R.C.M. 703 and R.C.M. 405
to incorporate Fed. R. Crim. Proc. 17
which was created in 2008 to comply
with the requirements of the Federal
Crime Victims’ Rights Act, (‘‘FCVRA’’),
codified at 18 U.S.C. 3771. The JSC has
adopted this proposal in part as follows:
—R.C.M. 703(g)(3)(C)(2) is new and
reads as follows:
‘‘(2) Subpoenas for personal or
confidential information about a victim.
After preferral, a subpoena requiring the
production of personal or confidential
information about a victim named in a
specification may be served on an
individual or organization by those
authorized to issue a subpoena under
subparagraph (D) or with the consent of
the victim. Before issuing a subpoena
under this subparagraph and unless
there are exceptional circumstances, the
victim must be given notice so that the
victim can move for relief under
subparagraph (g)(3)(G) or otherwise
object.’’
f. A comment was received suggesting
the addition of a new M.R.E. 501(e)
limiting the Government to privileges
identified in M.R.E. 505, 506, and 507.
These suggested changes were not
incorporated; however, the JSC
reviewed M.R.E. 505, 506, and 507 and
made the following proposed change to
M.R.E. 506.
—M.R.E. 506(b) is amended to read as
follows:
‘‘(b) Scope. ‘‘Government
information’’ includes official
communication and documents and
other information within the custody or
control of the Federal Government. This
rule does not apply to the identity of an
informant (Mil. R. Evid. 507).’’
g. Comments concerning the proposed
changes to M.R.E. 412(c)(3) were
received. The JSC considered all
comments. As prescribed by the
President, upon the effective date of the
Executive Order, M.R.E. 412(c)(3) will
provide:
‘‘(3) If the military judge determines
on the basis of the hearing described in
paragraph (2) of this subdivision that
VerDate Sep<11>2014
17:33 May 22, 2018
Jkt 244001
the evidence that the accused seeks to
offer is relevant for a purpose under
subdivision (b)(1) or (2) of this rule and
that the probative value of such
evidence outweighs the danger of unfair
prejudice to the victim’s privacy, or that
the evidence is described by subdivision
(b)(3) of this rule, such evidence shall be
admissible under this rule to the extent
an order made by the military judge
specifies evidence that may be offered
and areas with respect to which the
victim may be examined or crossexamined. Any evidence introduced
under this rule is subject to challenge
under Mil. R. Evid. 403.’’
h. Comments were received
suggesting additional changes to, R.C.M.
1103A in Annex 1 and R.C.M. 103, 110,
305, 405, 701, 705, 809, 910, 1109, 1114,
1202 in Annex 2. These suggested
changes were not incorporated.
i. Comments suggesting changes to
M.R.E. 505 were received. Suggested
changes were not incorporated.
j. Comments were received suggesting
the addition of new punitive articles,
elimination of certain defenses, and
changes to the terminal element of
Article 134. These suggested changes
were not incorporated.
Dated: May 7, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–09949 Filed 5–22–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Charter Renewal of Department of
Defense Federal Advisory Committees
Department of Defense.
Renewal of Federal Advisory
Committee.
AGENCY:
ACTION:
The Department of Defense
(DoD) is publishing this notice to
announce that it is renewing the charter
for the Threat Reduction Advisory
Committee (‘‘the Committee’’).
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, Advisory Committee
Management Officer for the Department
of Defense, 703–692–5952.
SUPPLEMENTARY INFORMATION: The
Committee provides the Secretary of
Defense and the Deputy Secretary of
Defense, through the Under Secretary of
Defense for Acquisition, and
Sustainment, independent advice and
recommendations on matters relating to
combating Weapons of Mass Destruction
(WMD). The Committee shall be
composed of no more than 25 members
SUMMARY:
PO 00000
Frm 00025
Fmt 4703
Sfmt 9990
who are eminent authorities in the
fields of national defense, geopolitical
and national security affairs, WMD,
nuclear physics, chemistry, and biology.
Members who are not full-time or
permanent part-time Federal officers or
employees are appointed as experts or
consultants pursuant to 5 U.S.C. 3109 to
serve as special government employee
members. Members who are full-time or
permanent part-time Federal officers or
employees are appointed pursuant to 41
CFR 102–3.130(a) to serve as regular
government employee members. Each
member is appointed to provide advice
on behalf of the Government on the
basis of their best judgment without
representing any particular point of
view and in a manner that is free from
conflict of interest. Except for
reimbursement of official Committeerelated travel and per diem, members
serve without compensation. The DoD,
as necessary and consistent with the
Committee’s mission and DoD policies
and procedures, may establish
subcommittees, task forces, or working
groups to support the Committee, and
all subcommittees must operate under
the provisions of FACA and the
Government in the Sunshine Act.
Subcommittees will not work
independently of the Committee and
must report all recommendations and
advice solely to the Committee for full
deliberation and discussion.
Subcommittees, task forces, or working
groups have no authority to make
decisions and recommendations,
verbally or in writing, on behalf of the
Committee. No subcommittee or any of
its members can update or report,
verbally or in writing, directly to the
DoD or any Federal officers or
employees. The Committee’s DFO,
pursuant to DoD policy, must be a fulltime or permanent part-time DoD
employee, and must be in attendance for
the duration of each and every
Committee/subcommittee meeting. The
public or interested organizations may
submit written statements to the
Committee membership about the
Committee’s mission and functions.
Such statements may be submitted at
any time or in response to the stated
agenda of planned Committee meetings.
All written statements must be
submitted to the Committee’s DFO who
will ensure the written statements are
provided to the membership for their
consideration.
Dated: May 17, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–10952 Filed 5–22–18; 8:45 am]
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E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23907-23908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09949]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2018-OS-0024]
Manual for Courts-Martial; Proposed Amendments
AGENCY: Joint Service Committee on Military Justice (JSC), Department
of Defense.
ACTION: Notice of response to public comments on proposed amendments to
the Manual for Courts-Martial, United States (2016 ed.).
-----------------------------------------------------------------------
SUMMARY: The Joint Service Committee on Military Justice (JSC) is
publishing the response to public comments concerning amendments to the
Manual for Courts-Martial, United States (MCM). These amendments
include provisions implementing the Military Justice Act of 2016 and
subsequent amendments necessitated by follow-on legislation. The
changes concern the rules of procedure and evidence applicable in
trials by court-martial, nonjudicial punishment proceedings, and the
punitive articles of the Uniform Code of Military Justice. Also
included is a proposed revision of Appendix 12A of the Manual for
Courts-Martial concerning lesser included offenses. The approval
authority for these changes is the President. These proposed changes
have not been coordinated within the Department of Defense under DoD
Directive 5500.01, ``Preparing, Processing and Coordinating
Legislation, Executive Orders, Proclamations, Views Letters, and
Testimony,'' June 15, 2007, and do not constitute the official position
of the Department of Defense, the Military Departments, or any other
Government agency.
FOR FURTHER INFORMATION CONTACT: LT Alexandra Nica, JAGC, USN, (202)
685-7058 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
On July 11, 2017 (79 FR 59938-59959), the JSC published a Notice of
Proposed Amendments concerning procedure and evidence applicable in
trials by court-martial, non-judicial punishment proceedings, and the
punitive articles of the Uniform Code of Military Justice as amended by
the Military Justice Act of 2016, Division E of the National Defense
Authorization Act for Fiscal Year 2017 and follow-on changes made by
the National Defense Authorization Act for Fiscal Year 2018. The Notice
also included a proposed revision of Appendix 12A of the Manual for
Courts-Martial concerning lesser included offenses and a Notice of
Public Meeting to receive comments on these proposals. The public
meeting was held on August 3, 2017. Two members of the public provided
oral comments at the public meeting, and both members of the public
also submitted written comments electronically. Several additional
written comments were received electronically. All comments were
considered by the JSC.
Public Comments
Comments and materials received from the public are available under
Docket ID Number DOD-2017-OS-0032, and at the following link https://www.regulations.gov/docket?D=DOD-2017-OS-0032.
Discussion of Comments and Changes
The JSC considered each public comment and made some modifications
to the proposed amendments accordingly.
a. Several comments concerning orthography, grammar, and syntax
were received and reviewed, and corrections were made throughout the
Manual for Courts-Martial.
b. The extensive nature of the proposed changes necessitated the
reproduction, in full, of Parts I-V of the Manual for Courts-Martial
and, although not a part of the proposed Executive Order or issued by
the President, the Analyses and Discussions were set forth immediately
following the provisions and paragraphs to which they pertained to
facilitate review and comment on the proposed amendments. Additionally,
Appendix 2.1 provided proposed non-binding guidance to be issued by the
Secretary of Defense, in consultation with the Secretary of Homeland
Security, pursuant to Article 33 (Disposition Guidance) of the Uniform
Code of Military Justice (UCMJ), 10 U.S.C. 833. Comments were received
suggesting changes to Analyses, Discussions, and the Appendices. These
comments are being considered by the JSC and the Department of Defense
in the preparation of the supplementary materials.
c. The Department of Defense published several proposals concerning
impaneling and excusing excess members and specifically solicited
comments as to the optimal rule for removing excess members consistent
with Article 36 of the Uniform Code of Military Justice. Several
comments were received regarding the different proposals. Proposal #1,
providing for the random assignment of numbers to remaining members by
the military judge, was incorporated.
d. A comment proposing a change to R.C.M. 804 to ensure that court-
martial attendance by the accused constitutes the accused's appointed
place of duty for purposes of pay and allowance was received. The
comment highlighted that multiple courts had granted confinement credit
for accused who did not receive normal pay and allowances or had to pay
for their own travel and housing during the pendency of the court-
martial. The JSC has adopted this proposal as follows:
--R.C.M. 804(a) is amended to read as follows:
``(a) Presence required. The accused shall be present at the
arraignment, the time of the plea, every stage of the trial including
sessions conducted under Article 39(a), voir dire and challenges of
[[Page 23908]]
members, the return of the findings, presentencing proceedings, and
post-trial sessions, if any, except as otherwise provided by this rule.
Attendance at these proceedings shall constitute the accused's
appointed place of duty and, with respect to the accused's travel
allowances, none of these proceedings shall constitute disciplinary
action. This does not in any way limit authority to implement
restriction, up to and including confinement, as necessary in
accordance with R.C.M. 304 or R.C.M. 305.''
e. A comment was received proposing changes to R.C.M. 703 and
R.C.M. 405 to incorporate Fed. R. Crim. Proc. 17 which was created in
2008 to comply with the requirements of the Federal Crime Victims'
Rights Act, (``FCVRA''), codified at 18 U.S.C. 3771. The JSC has
adopted this proposal in part as follows:
--R.C.M. 703(g)(3)(C)(2) is new and reads as follows:
``(2) Subpoenas for personal or confidential information about a
victim. After preferral, a subpoena requiring the production of
personal or confidential information about a victim named in a
specification may be served on an individual or organization by those
authorized to issue a subpoena under subparagraph (D) or with the
consent of the victim. Before issuing a subpoena under this
subparagraph and unless there are exceptional circumstances, the victim
must be given notice so that the victim can move for relief under
subparagraph (g)(3)(G) or otherwise object.''
f. A comment was received suggesting the addition of a new M.R.E.
501(e) limiting the Government to privileges identified in M.R.E. 505,
506, and 507. These suggested changes were not incorporated; however,
the JSC reviewed M.R.E. 505, 506, and 507 and made the following
proposed change to M.R.E. 506.
--M.R.E. 506(b) is amended to read as follows:
``(b) Scope. ``Government information'' includes official
communication and documents and other information within the custody or
control of the Federal Government. This rule does not apply to the
identity of an informant (Mil. R. Evid. 507).''
g. Comments concerning the proposed changes to M.R.E. 412(c)(3)
were received. The JSC considered all comments. As prescribed by the
President, upon the effective date of the Executive Order, M.R.E.
412(c)(3) will provide:
``(3) If the military judge determines on the basis of the hearing
described in paragraph (2) of this subdivision that the evidence that
the accused seeks to offer is relevant for a purpose under subdivision
(b)(1) or (2) of this rule and that the probative value of such
evidence outweighs the danger of unfair prejudice to the victim's
privacy, or that the evidence is described by subdivision (b)(3) of
this rule, such evidence shall be admissible under this rule to the
extent an order made by the military judge specifies evidence that may
be offered and areas with respect to which the victim may be examined
or cross-examined. Any evidence introduced under this rule is subject
to challenge under Mil. R. Evid. 403.''
h. Comments were received suggesting additional changes to, R.C.M.
1103A in Annex 1 and R.C.M. 103, 110, 305, 405, 701, 705, 809, 910,
1109, 1114, 1202 in Annex 2. These suggested changes were not
incorporated.
i. Comments suggesting changes to M.R.E. 505 were received.
Suggested changes were not incorporated.
j. Comments were received suggesting the addition of new punitive
articles, elimination of certain defenses, and changes to the terminal
element of Article 134. These suggested changes were not incorporated.
Dated: May 7, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2018-09949 Filed 5-22-18; 8:45 am]
BILLING CODE 5001-06-P
