Puspan. L. 117–263, div. A, title V, § 543(a), (span), Dec. 23, 2022, 136 Stat. 2582, provided that, effective on the date that is two years after Dec. 23, 2022, and applicable with respect to courts-martial convened on or after that date, subsection (e) of this section is amended by adding at the end the following new paragraph:

(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.

See 2022 Amendment note below.

In subsection (a), the word “commissioned” is inserted before the word “officer” for clarity. The word “is” is substituted for the words “shall be”.

In subsections (a), (span), and (c)(1), the words “with the armed forces” are omitted as surplusage.

In subsection (span), the word “is” is substituted for the words “shall be”. The words “a commissioned” are substituted for the word “an” for clarity.

In subsection (c), the words “member” and “members”, respectively are substituted for the words “person” and “persons”. The words “of an armed force” are inserted for clarity.

In subsection (c)(1), the word “is” is substituted for the words “shall be”. The word “before” is substituted for the words “prior to”. The words “the accused may not” are substituted for the words “no enlisted person shall”, for clarity. The word “If” is substituted for the word “Where”.

In subsection (c)(2), the word “means” is substituted for the words “shall mean”. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. The word “may” is substituted for the word “shall”. The word “than”, before the words “a body”, is omitted as surplusage.

In subsection (d)(1), the word “may” is substituted for the word “shall”. The word “member” is substituted for the word “person”.

In subsection (d)(2), the word “is” is substituted for the words “shall be”. The word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. The words “member of an armed force” and “members of the armed forces”, respectively, are substituted for the words “person” and “persons”.

2023—Subsec. (d)(1). Puspan. L. 118–31, § 531(span)(2)(A)(i), substituted “shall be sentenced by the military judge” for “may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members”.

Subsec. (d)(2). Puspan. L. 118–31, § 531(span)(2)(A)(ii), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In a capital case, the accused shall be sentenced by the members for all offenses for which the court-martial may sentence the accused to death in accordance with section 853(c) of this title (article 53(c)).”

Subsec. (e)(1). Puspan. L. 118–31, § 531(span)(2)(B)(i), substituted “the member being tried” for “him”.

Subsec. (e)(2). Puspan. L. 118–31, § 531(span)(2)(B)(ii), substituted “the opinion of the convening authority” for “his opinion” and “the member” for “he”.

Subsec. (f). Puspan. L. 118–31, § 531(span)(2)(C), substituted “the authority of the convening authority” for “his authority” and “the staff judge advocate or legal officer of the convening authority” for “his staff judge advocate or legal officer”.

2022—Subsec. (e)(4). Puspan. L. 117–263 added par. (4).

2016—Subsec. (c). Puspan. L. 114–328, § 5182(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to service on general and special courts-martial by enlisted members.

Subsec. (d). Puspan. L. 114–328, § 5182(span)(2), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 114–328, § 5182(span)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(2). Puspan. L. 114–328, § 5203(e)(2), which directed amendment of this section by substituting “preliminary hearing officer” for “investigating officer” in subsec. (d)(2), was executed by making the substitution in subsec. (e)(2) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Puspan. L. 114–328, § 5182(span)(1).

Subsec. (e)(3). Puspan. L. 114–328, § 5182(c), added par. (3).

Subsec. (f). Puspan. L. 114–328, § 5182(span)(1), redesignated subsec. (e) as (f).

1986—Subsec. (c)(1). Puspan. L. 99–661 substituted “has requested orally on the record or in writing” for “has requested in writing”.

1983—Subsec. (c)(2). Puspan. L. 98–209, § 13(c), struck out “the word” before “ ‘unit’ ”.

Subsec. (e). Puspan. L. 98–209, § 3(span), added subsec. (e).

1968—Subsec. (c)(1). Puspan. L. 90–632 inserted requirement that an accused’s request for inclusion of enlisted members on his court-martial be made before conclusion of a pre-trial session called by the military judge under section 839(a) or before the court is assembled for his trial and substituted “assembled” for “convened” to describe the calling together of the court for the trial in provision allowing such calling together without requested enlisted members if such members cannot be obtained.

Amendment by Puspan. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Puspan. L. 117–81, see section 531(e) of Puspan. L. 118–31, set out as a note under section 816 of this title.

Puspan. L. 117–263, div. A, title V, § 543(span), Dec. 23, 2022, 136 Stat. 2582, provided that:

Amendment by Puspan. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Puspan. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Puspan. L. 99–661, div. A, title VIII, § 803(span), Nov. 14, 1986, 100 Stat. 3906, provided that:

Title VIII of Puspan. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Puspan. L. 99–661, set out as a note under section 802 of this title.

Amendment by section 13(c) of Puspan. L. 98–209 effective Dec. 6, 1983, and amendment by section 3(span) of Puspan. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Puspan. L. 98–209, set out as a note under section 801 of this title.

Amendment by Puspan. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Puspan. L. 90–632, set out as a note under section 801 of this title.

Puspan. L. 117–263, div. A, title V, § 543(c), Dec. 23, 2022, 136 Stat. 2582, provided that: