EO 13387 Title 3--The President (a) Paragraph 14c(2)(a) is amended by inserting the following new sub- paragraph (ii) and tenumbering existing subparagraphs (a)(ii) through (iv) as (a)(iii) through (v): "(ii) Determination of lawfulness. The lawfulness of an order is a ques- tion of law to be determined by the military judge." (b) Paragraph 16(c)(1)(a) is amended by replacing the word "Transpor- tation" with the words "Homeland Security". (c) Paragraph 35a is amended to read as follows: "a. Text. (a) Any person subject to this chapter who-- (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (Article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the level prohibited under subsection (b), as shown by chemical analysis, shall be punished as a court-martial may direct. (b)(1) For purposes of subsection (a), the applicable level of the alcohol concentration in a person's blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the level is the blood alcohol concentration prohibited under the law of the State in which the conduct occurred, except as may be provided under paragraph (b)(2) for conduct on a military installation that is in more than one State, or the prohibited alcohol concentration level specified in paragraph (b)(3). (t\177) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the level is the blood alcohol concentration spec- ified in paragraph (b)(3) or such lower level as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different levels for defining their prohibited blood alco- hol concentrations under their respective State laws, the Secretary con- cerned for the installation may select one such level to apply uniformly on that installation. (3) For purposes of paragraph (b)(1), the level of alcohol concentration prohibited in a person's blood is 0.10 grams or more of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person's breath is 0.10 grams or more of alcohol per 210 liters of breath, as shown by chemical analysis." (4) In this subsection, the term "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and the term "State" includes each of those jurisdic- tions." (d) Paragraph 35b(2)(c) is amended to read as follows: 182
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