110 STAT. 2534
PUBLIC LAW 104-201—SEPT. 23, 1996
SEC. 573. CLARIFICATION OF AUTHORITY OF A RESERVE JUDGE
ADVOCATE TO ACT AS A MILITARY NOTARY PUBLIC WHEN
NOT IN A DUTY STATUS.
Section 1044a(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking out "on active duty or
performing inactive-duty training" and inserting in lieu thereof
", including reserve judge advocates when not in a duty status";
(2) in paragraph (3), by striking out "adjutants on active
duty or performing inactive-duty training" and inserting in
lieu thereof "adjutants, including reserve members when not
in a duty status"; and
(3) in paragraph (4), by striking out "persons on active
duty or performing inactive-duty training" and inserting in
lieu thereof "members of the armed forces, including reserve
members when not in a duty status,".
SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE
NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE.
(a) ESTABLISHMENT. — The Secretary of Defense shall establish
a panel to review the various authorities for court-martial and
nonjudicial punishment jurisdiction for the National Guard not
in Federal service and the use of those authorities.
(b) MEMBERSHIP.— The Secretary shall appoint the members
of the panel so as to ensure representation of the following:
(1) The State Adjutants General of the National Guard.
(2) The State Attorneys General.
(3) The Joint Service Committee on Military Justice of
the Department of Defense.
(c) DUTIES. — Matters reviewed by the panel shall include the
following:
(1) The extent of the use of court-martial and nonjudicisd
punishment authority for the National Guard not in Federal
service.
(2) The extent to which the authority used is—
(A) authority under title 32, United States Code; or
(B) authority under State law.
(d) REPORT.—(1) Not later than February 1, 1997, the panel
shall submit a report on the panel's findings and conclusions to
the Secretary of Defense.
(2) The report shall include recommended legislation for
amending title 32, United States Code—
(A) to increase the uniformity in State use of courts-martial
and nonjudicial punishment for the National Guard when not
in Federal service; and
(B) to achieve increased comparability between the courtmartial and nonjudicial punishment procedures that are
applicable to the National Guard not in Federal service and
the court-martial and nonjudicial punishment procedures that
are applicable under the Uniform Code of Military Justice
to the National Guard in Federal service.
(e) SUBMISSION OF REPORT TO CoNGRESS.Not later than
March 1, 1997, the Secretary of Defense shall submit to Congress
the report of the panel under subsection (d) together with the
views of the Secretary regarding the report and the matters covered
in the report.
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