2023 Amendments to the Manual for Courts Martial, United States, 50535-50536 [X23-10802]

Agencies

• Executive Office of the President

[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Presidential Documents]
[Pages 50535-50536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X23-10802]




                        Presidential Documents 



Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / 
Presidential Documents

[[Page 50535]]


                Executive Order 14103 of July 28, 2023

                
2023 Amendments to the Manual for Courts Martial, 
                United States

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including chapter 47 of title 10, United 
                States Code (Uniform Code of Military Justice, 10 
                U.S.C. 801-946a), and in order to prescribe additions 
                and amendments to the Manual for Courts-Martial, United 
                States, prescribed by Executive Order 12473 of April 
                13, 1984, as amended, it is hereby ordered as follows:

                Section 1. Part II, Part III, Part IV, and Part V of 
                the Manual for Courts-Martial, United States, are 
                amended as described in Annex 1, which is attached to 
                and made a part of this order. The amendments in Annex 
                1 shall take effect on the date of this order, subject 
                to the following:

                    (a) Nothing in Annex 1 shall be construed to make 
                punishable any act committed or omitted prior to the 
                date of this order that was not punishable when 
                committed or omitted.
                    (b) Nothing in Annex 1 shall be construed to 
                invalidate any nonjudicial punishment proceeding, 
                restraint, preliminary hearing, referral of charges, 
                trial in which arraignment occurred, or other action 
                begun prior to the date of this order, and any such 
                nonjudicial punishment proceeding, restraint, 
                preliminary hearing, referral of charges, trial in 
                which arraignment occurred, or other action may proceed 
                in the same manner and with the same effect as if the 
                Annex 1 amendments had not been prescribed.

                Sec. 2. Part I, Part II, Part III, Part IV, Part V, and 
                Appendix 12A of the Manual for Courts-Martial, United 
                States, are amended as described in Annex 2, which is 
                attached to and made a part of this order. The 
                amendments in Annex 2 shall apply in accordance with 
                the effective date established by section 539C of the 
                National Defense Authorization Act for Fiscal Year 2022 
                (NDAA FY 2022), Public Law 117-81, subject to the 
                following:

                    (a) Nothing in Annex 2 shall be construed to make 
                punishable any act committed or omitted prior to the 
                effective date established by section 539C of the NDAA 
                FY 2022.
                    (b) Nothing in Annex 2 shall be construed to 
                invalidate any nonjudicial punishment proceeding, 
                restraint, preliminary hearing, referral of charges, 
                trial in which arraignment occurred, or other action 
                begun prior to the effective date established by 
                section 539C of the NDAA FY 2022, and any such 
                nonjudicial punishment proceeding, restraint, 
                preliminary hearing, referral of charges, trial in 
                which arraignment occurred, or other action may proceed 
                in the same manner and with the same effect as if the 
                Annex 2 amendments had not been prescribed.

                Sec. 3. Appendix 12B, Appendix 12C, and Appendix 12D 
                are added to the Manual for Courts-Martial, United 
                States, and Part II of the Manual is amended as 
                described in Annex 3, which is attached to and made a 
                part of this order. The additions and amendments in 
                Annex 3 shall take effect on December 27, 2023, and 
                shall apply in accordance with section 539E(f) of the 
                NDAA FY 2022 (10 U.S.C. 853 note), subject to the 
                following:

                    (a) Nothing in Annex 3 shall be construed to make 
                punishable any act committed or omitted prior to the 
                effective date established by section 539E(f) of the 
                NDAA FY 2022.

[[Page 50536]]

                    (b) Nothing in Annex 3 shall be construed to 
                invalidate any nonjudicial punishment proceeding, 
                restraint, preliminary hearing, referral of charges, 
                trial in which arraignment occurred, or other action 
                begun prior to the effective date established by 
                section 539E(f) of the NDAA FY 2022, and any such 
                nonjudicial punishment proceeding, restraint, 
                preliminary hearing, referral of charges, trial in 
                which arraignment occurred, or other action may proceed 
                in the same manner and with the same effect as if the 
                Annex 3 amendments had not been prescribed.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 28, 2023.

Billing code 3395-F3-P