Skip to Content

Presidential Document

2018 Amendments to the Manual for Courts-Martial, United States

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Executive Order 13825 of March 1, 2018

2018 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 (UCMJ), 10 U.S.C. 801-946), and in order to prescribe 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, and Part IV 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.

Sec. 2. 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 done or omitted prior to the date of this order that was not punishable when done or omitted.

(b) Nothing in Annex 1 shall be construed to invalidate the prosecution of any offense committed before the date of this order. The maximum punishment for an offense committed before the date of this order shall not exceed the maximum punishment in effect at the time of the commission of such offense.

(c) Nothing in Annex 1 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, 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, investigation, referral of charges, trial in which arraignment occurred, or other action shall proceed in the same manner and with the same effect as if the amendments in Annex 1 had not been prescribed.

Sec. 3. (a) Pursuant to section 5542 of the Military Justice Act of 2016 (MJA), division E of the National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 Stat. 2000, 2967 (2016), except as otherwise provided by the MJA or this order, the MJA shall take effect on January 1, 2019.

(b) Nothing in the MJA shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.

(c) Nothing in title LX of the MJA shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.

(d) Nothing in the MJA shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the MJA shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if the MJA had not been enacted.Start Printed Page 9890

Sec. 4. The Manual for Courts-Martial, United States, as amended by section 1 of this order, is amended as described in Annex 2, which is attached to and made a part of this order.

Sec. 5. The amendments in Annex 2, including Appendix 12A, shall take effect on January 1, 2019, subject to the following:

(a) Nothing in Annex 2 shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.

(b) Nothing in section 4 of Annex 2 shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.

(c) Nothing in Annex 2 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the amendments in Annex 2 shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been prescribed.

Sec. 6. (a) The amendments to Articles 2, 56(d), 58a, and 63 of the UCMJ enacted by sections 5102, 5301, 5303, and 5327 of the MJA apply only to cases in which all specifications allege offenses committed on or after January 1, 2019.

(b) If the accused is found guilty of a specification alleging the commission of one or more offenses before January 1, 2019, Article 60 of the UCMJ, as in effect on the date of the earliest offense of which the accused was found guilty, shall apply to the convening authority, in addition to the suspending authority in Article 60a(c) as enacted by the MJA, to the extent that Article 60:

(1) requires action by the convening authority on the sentence;

(2) permits action by the convening authority on findings;

(3) authorizes the convening authority to modify the findings and sentence of a court-martial, dismiss any charge or specification by setting aside a finding of guilty thereto, or change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification;

(4) authorizes the convening authority to order a proceeding in revision or a rehearing; or

(5) authorizes the convening authority to approve, disapprove, commute, or suspend a sentence in whole or in part.

Sec. 7. The amendment to Article 15 of the UCMJ enacted by section 5141 of the MJA shall apply to any nonjudicial punishment imposed on or after January 1, 2019.

Sec. 8. The amendments to Articles 32 and 34 of the UCMJ enacted by sections 5203 and 5205 of the MJA apply with respect to preliminary hearings conducted and advice given on or after January 1, 2019.

Sec. 9. The amendments to Article 79 of the UCMJ enacted by section 5402 of the MJA and the amendments to Appendix 12A to the Manual for Courts-Martial, United States, made by this order apply only to offenses committed on or after January 1, 2019.

Sec. 10. Except as provided by Rule for Courts-Martial 902A, as promulgated by Annex 2, any change to sentencing procedures:

(a) made by Articles 16(c)(2), 19(b), 25(d)(2) and (3), 39(a)(4), 53, 53a, or 56(c) of the UCMJ, as enacted by sections 5161, 5163, 5182, 5222, 5236, 5237, and 5301 of the MJA; orStart Printed Page 9891

(b) included in Annex 2 in rules implementing those articles, applies only to cases in which all specifications allege offenses committed on or after January 1, 2019.

Sec. 11. The amendments to Article 146 of the UCMJ enacted by section 5521 of the MJA and the new Article 146a enacted by section 5522 of the MJA shall take effect on the day after the report for fiscal year 2017 required by Article 146(c) of the UCMJ (as in effect before the MJA's amendments) is submitted in accordance with Article 146(c)(1), but in no event later than December 1, 2018.

Sec. 12. In accordance with Article 33 of the UCMJ, as amended by section 5204 of the MJA, the Secretary of Defense, in consultation with the Secretary of Homeland Security, will issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to the disposition of charges and specifications in the interest of justice and discipline under Articles 30 and 34 of the UCMJ. That guidance will take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Federal Government with respect to the disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.

  THE WHITE HOUSE, March 1, 2018. Start Printed Page 9892

Start Printed Page 9893

Start Printed Page 9894

Start Printed Page 9895

Start Printed Page 9896

Start Printed Page 9897

Start Printed Page 9898

Start Printed Page 9899

Start Printed Page 9900

Start Printed Page 9901

Start Printed Page 9902

Start Printed Page 9903

Start Printed Page 9904

Start Printed Page 9905

Start Printed Page 9906

Start Printed Page 9907

Start Printed Page 9908

Start Printed Page 9909

Start Printed Page 9910

Start Printed Page 9911

Start Printed Page 9912

Start Printed Page 9913

Start Printed Page 9914

Start Printed Page 9915

Start Printed Page 9916

Start Printed Page 9917

Start Printed Page 9918

Start Printed Page 9919

Start Printed Page 9920

Start Printed Page 9921

Start Printed Page 9922

Start Printed Page 9923

Start Printed Page 9924

Start Printed Page 9925

Start Printed Page 9926

Start Printed Page 9927

Start Printed Page 9928

Start Printed Page 9929

Start Printed Page 9930

Start Printed Page 9931

Start Printed Page 9932

Start Printed Page 9933

Start Printed Page 9934

Start Printed Page 9935

Start Printed Page 9936

Start Printed Page 9937

Start Printed Page 9938

Start Printed Page 9939

Start Printed Page 9940

Start Printed Page 9941

Start Printed Page 9942

Start Printed Page 9943

Start Printed Page 9944

Start Printed Page 9945

Start Printed Page 9946

Start Printed Page 9947

Start Printed Page 9948

Start Printed Page 9949

Start Printed Page 9950

Start Printed Page 9951

Start Printed Page 9952

Start Printed Page 9953

Start Printed Page 9954

Start Printed Page 9955

Start Printed Page 9956

Start Printed Page 9957

Start Printed Page 9958

Start Printed Page 9959

Start Printed Page 9960

Start Printed Page 9961

Start Printed Page 9962

Start Printed Page 9963

Start Printed Page 9964

Start Printed Page 9965

Start Printed Page 9966

Start Printed Page 9967

Start Printed Page 9968

Start Printed Page 9969

Start Printed Page 9970

Start Printed Page 9971

Start Printed Page 9972

Start Printed Page 9973

Start Printed Page 9974

Start Printed Page 9975

Start Printed Page 9976

Start Printed Page 9977

Start Printed Page 9978

Start Printed Page 9979

Start Printed Page 9980

Start Printed Page 9981

Start Printed Page 9982

Start Printed Page 9983

Start Printed Page 9984

Start Printed Page 9985

Start Printed Page 9986

Start Printed Page 9987

Start Printed Page 9988

Start Printed Page 9989

Start Printed Page 9990

Start Printed Page 9991

Start Printed Page 9992

Start Printed Page 9993

Start Printed Page 9994

Start Printed Page 9995

Start Printed Page 9996

Start Printed Page 9997

Start Printed Page 9998

Start Printed Page 9999

Start Printed Page 10000

Start Printed Page 10001

Start Printed Page 10002

Start Printed Page 10003

Start Printed Page 10004

Start Printed Page 10005

Start Printed Page 10006

Start Printed Page 10007

Start Printed Page 10008

Start Printed Page 10009

Start Printed Page 10010

Start Printed Page 10011

Start Printed Page 10012

Start Printed Page 10013

Start Printed Page 10014

Start Printed Page 10015

Start Printed Page 10016

Start Printed Page 10017

Start Printed Page 10018

Start Printed Page 10019

Start Printed Page 10020

Start Printed Page 10021

Start Printed Page 10022

Start Printed Page 10023

Start Printed Page 10024

Start Printed Page 10025

Start Printed Page 10026

Start Printed Page 10027

Start Printed Page 10028

Start Printed Page 10029

Start Printed Page 10030

Start Printed Page 10031

Start Printed Page 10032

Start Printed Page 10033

Start Printed Page 10034

Start Printed Page 10035

Start Printed Page 10036

Start Printed Page 10037

Start Printed Page 10038

Start Printed Page 10039

Start Printed Page 10040

Start Printed Page 10041

Start Printed Page 10042

Start Printed Page 10043

Start Printed Page 10044

Start Printed Page 10045

Start Printed Page 10046

Start Printed Page 10047

Start Printed Page 10048

Start Printed Page 10049

Start Printed Page 10050

Start Printed Page 10051

Start Printed Page 10052

Start Printed Page 10053

Start Printed Page 10054

Start Printed Page 10055

Start Printed Page 10056

Start Printed Page 10057

Start Printed Page 10058

Start Printed Page 10059

Start Printed Page 10060

Start Printed Page 10061

Start Printed Page 10062

Start Printed Page 10063

Start Printed Page 10064

Start Printed Page 10065

Start Printed Page 10066

Start Printed Page 10067

Start Printed Page 10068

Start Printed Page 10069

Start Printed Page 10070

Start Printed Page 10071

Start Printed Page 10072

Start Printed Page 10073

Start Printed Page 10074

Start Printed Page 10075

Start Printed Page 10076

Start Printed Page 10077

Start Printed Page 10078

Start Printed Page 10079

Start Printed Page 10080

Start Printed Page 10081

Start Printed Page 10082

Start Printed Page 10083

Start Printed Page 10084

Start Printed Page 10085

Start Printed Page 10086

Start Printed Page 10087

Start Printed Page 10088

Start Printed Page 10089

Start Printed Page 10090

Start Printed Page 10091

Start Printed Page 10092

Start Printed Page 10093

Start Printed Page 10094

Start Printed Page 10095

Start Printed Page 10096

Start Printed Page 10097

Start Printed Page 10098

Start Printed Page 10099

Start Printed Page 10100

Start Printed Page 10101

Start Printed Page 10102

Start Printed Page 10103

Start Printed Page 10104

Start Printed Page 10105

Start Printed Page 10106

Start Printed Page 10107

Start Printed Page 10108

Start Printed Page 10109

Start Printed Page 10110

Start Printed Page 10111

Start Printed Page 10112

Start Printed Page 10113

Start Printed Page 10114

Start Printed Page 10115

Start Printed Page 10116

Start Printed Page 10117

Start Printed Page 10118

Start Printed Page 10119

Start Printed Page 10120

Start Printed Page 10121

Start Printed Page 10122

Start Printed Page 10123

Start Printed Page 10124

Start Printed Page 10125

Start Printed Page 10126

Start Printed Page 10127

Start Printed Page 10128

Start Printed Page 10129

Start Printed Page 10130

Start Printed Page 10131

Start Printed Page 10132

Start Printed Page 10133

Start Printed Page 10134

Start Printed Page 10135

Start Printed Page 10136

Start Printed Page 10137

Start Printed Page 10138

Start Printed Page 10139

Start Printed Page 10140

Start Printed Page 10141

Start Printed Page 10142

Start Printed Page 10143

Start Printed Page 10144

Start Printed Page 10145

Start Printed Page 10146

Start Printed Page 10147

Start Printed Page 10148

Start Printed Page 10149

Start Printed Page 10150

Start Printed Page 10151

Start Printed Page 10152

Start Printed Page 10153

Start Printed Page 10154

Start Printed Page 10155

Start Printed Page 10156

Start Printed Page 10157

Start Printed Page 10158

Start Printed Page 10159

Start Printed Page 10160

Start Printed Page 10161

Start Printed Page 10162

Start Printed Page 10163

Start Printed Page 10164

Start Printed Page 10165

Start Printed Page 10166

Start Printed Page 10167

Start Printed Page 10168

Start Printed Page 10169

Start Printed Page 10170

Start Printed Page 10171

Start Printed Page 10172

Start Printed Page 10173

Start Printed Page 10174

Start Printed Page 10175

Start Printed Page 10176

Start Printed Page 10177

Start Printed Page 10178

Start Printed Page 10179

Start Printed Page 10180

Start Printed Page 10181

Start Printed Page 10182

Start Printed Page 10183

Start Printed Page 10184

Start Printed Page 10185

Start Printed Page 10186

Start Printed Page 10187

Start Printed Page 10188

Start Printed Page 10189

Start Printed Page 10190

Start Printed Page 10191

Start Printed Page 10192

Start Printed Page 10193

Start Printed Page 10194

Start Printed Page 10195

Start Printed Page 10196

Start Printed Page 10197

Start Printed Page 10198

Start Printed Page 10199

Start Printed Page 10200

Start Printed Page 10201

Start Printed Page 10202

Start Printed Page 10203

Start Printed Page 10204

Start Printed Page 10205

Start Printed Page 10206

Start Printed Page 10207

Start Printed Page 10208

Start Printed Page 10209

Start Printed Page 10210

Start Printed Page 10211

Start Printed Page 10212

Start Printed Page 10213

Start Printed Page 10214

Start Printed Page 10215

Start Printed Page 10216

Start Printed Page 10217

Start Printed Page 10218

Start Printed Page 10219

Start Printed Page 10220

Start Printed Page 10221

Start Printed Page 10222

Start Printed Page 10223

Start Printed Page 10224

Start Printed Page 10225

Start Printed Page 10226

Start Printed Page 10227

Start Printed Page 10228

Start Printed Page 10229

Start Printed Page 10230

Start Printed Page 10231

Start Printed Page 10232

Start Printed Page 10233

Start Printed Page 10234

Start Printed Page 10235

Start Printed Page 10236

Start Printed Page 10237

Start Printed Page 10238

Start Printed Page 10239

Start Printed Page 10240

Start Printed Page 10241

Start Printed Page 10242

Start Printed Page 10243

Start Printed Page 10244

Start Printed Page 10245

Start Printed Page 10246

Start Printed Page 10247

Start Printed Page 10248

Start Printed Page 10249

Start Printed Page 10250

Start Printed Page 10251

Start Printed Page 10252

Start Printed Page 10253

Start Printed Page 10254

Start Printed Page 10255

Start Printed Page 10256

Start Printed Page 10257

Start Printed Page 10258

Start Printed Page 10259

Start Printed Page 10260

Start Printed Page 10261

Start Printed Page 10262

Start Printed Page 10263

Start Printed Page 10264

Start Printed Page 10265

Start Printed Page 10266

Start Printed Page 10267

Start Printed Page 10268

Start Printed Page 10269

Start Printed Page 10270

Start Printed Page 10271

Start Printed Page 10272

Start Printed Page 10273

Start Printed Page 10274

Start Printed Page 10275

Start Printed Page 10276

Start Printed Page 10277

Start Printed Page 10278

Start Printed Page 10279

Start Printed Page 10280

Start Printed Page 10281

Start Printed Page 10282

Start Printed Page 10283

Start Printed Page 10284

Start Printed Page 10285

Start Printed Page 10286

Start Printed Page 10287

Start Printed Page 10288

Start Printed Page 10289

Start Printed Page 10290

Start Printed Page 10291

Start Printed Page 10292

Start Printed Page 10293

Start Printed Page 10294

Start Printed Page 10295

Start Printed Page 10296

Start Printed Page 10297

Start Printed Page 10298

Start Printed Page 10299

Start Printed Page 10300

Start Printed Page 10301

Start Printed Page 10302

Start Printed Page 10303

Start Printed Page 10304

Start Printed Page 10305

Start Printed Page 10306

Start Printed Page 10307

Start Printed Page 10308

Start Printed Page 10309

Start Printed Page 10310

Start Printed Page 10311

Start Printed Page 10312

Start Printed Page 10313

Start Printed Page 10314

Start Printed Page 10315

Start Printed Page 10316

Start Printed Page 10317

Start Printed Page 10318

Start Printed Page 10319

Start Printed Page 10320

Start Printed Page 10321

Start Printed Page 10322

Start Printed Page 10323

Start Printed Page 10324

Start Printed Page 10325

Start Printed Page 10326

Start Printed Page 10327

Start Printed Page 10328

Start Printed Page 10329

Start Printed Page 10330

Start Printed Page 10331

Start Printed Page 10332

Start Printed Page 10333

Start Printed Page 10334

Start Printed Page 10335

Start Printed Page 10336

Start Printed Page 10337

Start Printed Page 10338

Start Printed Page 10339

Start Printed Page 10340

Start Printed Page 10341

Start Printed Page 10342

Start Printed Page 10343

Start Printed Page 10344

Start Printed Page 10345

Start Printed Page 10346

Start Printed Page 10347

Start Printed Page 10348

Start Printed Page 10349

Start Printed Page 10350

Start Printed Page 10351

Start Printed Page 10352

Start Printed Page 10353

Filed 3-7-18; 11:15 a.m.]

Billing code 3295-F8-P

[FR Doc. 2018-04860

Billing code 5001-06-C