[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 31952-31953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14447]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD-2017-OS-0032]
Proposed Amendments to the Manual for Courts-Martial, United
States (2016 ed.)
AGENCY: Joint Service Committee on Military Justice (JSC), Department
of Defense.
ACTION: Notice of availability and notice of public meeting.
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SUMMARY: The Department of Defense requests comments on proposed
changes to the Manual for Courts-Martial, United States (2016 ed.)
(MCM). The proposed changes include provisions implementing the
Military Justice Act of 2016, Division E of the National Defense
Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 Stat.
2000 (2016), and 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.
The proposed changes also concern certain supplementary materials
that accompany the rules of procedure, rules of evidence, and punitive
articles. The Department of Defense, in conjunction with the Department
of Homeland Security, publishes these supplementary materials to
accompany the Manual for Courts-Martial. The supplementary materials
included in this notice consist of Discussions (accompanying the
Preamble, the Rules for Courts-Martial, the Military Rules of Evidence,
and the Punitive Articles), Analyses, Appendix 2.1, and specific
changes to Appendix
[[Page 31953]]
24. The approval authority for changes to the supplementary materials
is the General Counsel, Department of Defense; changes to these items
do not require Presidential approval.
DATES: Comments on the proposed changes must be received no later than
September 11, 2017. A public meeting for comments will be held on
August 3, 2017, from 10 a.m. until noon, in the United States Court of
Appeals for the Armed Forces building, 450 E Street, NW., Washington,
DC 20442-0001. Commentators will be heard in order of arrival and
check-in, and will be limited to five minutes.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate for Oversight and Compliance, 4800 Mark
Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket ID for this Federal Register document. The general policy
for comments and other submissions from members of the public is to
make these submissions available for public viewing on the Internet at
http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Lieutenant Alexandra Nica, JAGC, USN,
Executive Secretary, JSC, (202) 685-7058, [email protected].
SUPPLEMENTARY INFORMATION: Due to the length of the proposed changes,
they are being made available on the Internet rather than being printed
in the Federal Register. The following items are available at http://www.regulations.gov, Docket ID: DOD-2017-OS-0032:
1. A draft Executive Order.
2. Annex 1 to the draft Executive Order, which includes changes to
the Manual for Courts-Martial that would take effect on the date the
Executive Order is signed by the President. Also included in Annex 1
are supplemental materials that the Department of Defense, in
consultation with the Department of Homeland Security, is considering
issuing if the proposed Executive Order is signed.
3. Annex 2 to the draft Executive Order, which includes a complete
reissuance of the Manual for Courts-Martial as revised by Annex 1.
Annex 2 includes revisions to Parts I, II, III, IV, and V of the Manual
for Courts-Martial, as well as an Appendix 12A concerning lesser
included offenses. The complete reissuance of the Manual for Courts-
Martial would take effect on a date designated by the President in the
Executive Order. The draft Executive Order proposes an effective date
of January 1, 2019. Annex 2 also includes supplementary materials, such
as Discussions, Analyses, and an Appendix that the Department of
Defense, in consultation with the Department of Homeland Security, is
considering issuing if the proposed Executive Order is signed.
The Department of Defense also requests comments on a proposal by a
Federal Advisory Committee, the Judicial Proceedings Since Fiscal Year
2012 Amendments Panel (JPP). The JPP's June 2017 report suggested that
Rule for Courts-Martial 1103A as proposed by Annex 1 and Rule for
Courts-Martial 1113 as proposed by Annex 2 be further revised to
include the following: ``Prior to a decision to permit examination of
material described in this subparagraph, notice and an opportunity to
be heard shall be given to any person whose records are about to be
examined and to appellate counsel.'' The report making that
recommendation is available at http://jpp.whs.mil/Public/docs/08-Panel_Reports/07_JPP_VictimsAppRights_Report_Final_20170602.pdf. The
Department invites public comment on the JPP's proposal.
The full text of the Uniform Code of Military Justice as amended by
Military Justice Act of 2016 is available electronically at http://www.regulations.gov, Docket ID: DOD-2017-OS-0032.
This notice is provided in accordance with DoD Directive 5500.17,
``Role and Responsibilities of the Joint Service Committee (JSC) on
Military Justice,'' May 3, 2003.
The JSC invites members of the public to comment on the proposed
changes; such comments should address specific recommended changes and
provide supporting rationale.
This notice also sets forth the date, time, and location for a
public meeting of the JSC to discuss the proposed changes.
This notice is intended only to improve the internal management of
the Federal Government. It is not intended to create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its agencies, its officers, or any
person.
Dated: July 5, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2017-14447 Filed 7-10-17; 8:45 am]
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