83_FR_30271 83 FR 30147 - Manual for Courts-Martial; Proposed Amendments

83 FR 30147 - Manual for Courts-Martial; Proposed Amendments

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30147-30149
FR Document2018-13783

The Department of Defense requests comments on proposed changes to the Manual for Courts-Martial, United States (2016 ed.) (MCM). The proposed changes concern the rules of procedure and evidence applicable in trials by courts-martial as well as amendments to portions of the MCM discussing the punitive articles of the Uniform Code of Military Justice. 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.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30147-30149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13783]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2018-OS-0039]


Manual for Courts-Martial; Proposed Amendments

AGENCY: Joint Service Committee on Military Justice (JSC), Department 
of Defense.

ACTION: Notice of proposed amendments to the Manual for Courts-Martial, 
United States (2016 ed.) and notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense requests comments on proposed 
changes to the Manual for Courts-Martial, United States (2016 ed.) 
(MCM). The proposed changes concern the rules of procedure and evidence 
applicable in trials by courts-martial as well as amendments to 
portions of the MCM discussing the punitive articles of the Uniform 
Code of Military Justice. 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.

DATES: Comments on the proposed changes must be received no later than 
August 27, 2018. A public meeting for comments will be held on July 11, 
2018, at 1:30 p.m. in the United States Court of Appeals for the Armed 
Forces building, 450 E Street NW, Washington DC 20442-0001.

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 08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number 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]. The 
JSC website is located at http://jsc.defense.gov.

SUPPLEMENTARY INFORMATION: This notice is provided in accordance with

[[Page 30148]]

DoD Instruction 5500.17, ``Role and Responsibilities of the Joint 
Service Committee (JSC) on Military Justice,'' February 21, 2018.
    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 by any party 
against the United States, its agencies, its officers, or any person.
    The proposed amendments to the MCM are as follows:

    Section 1. Part II of the Manual for Courts-Martial, United States 
as amended by E.O. 13825 is further amended as follows:
    (a) R.C.M. 705(d)(1) is amended and reads as follows:
    ``(1) In general. Subject to such limitations as the Secretary 
concerned may prescribe pursuant to R.C.M. 705(a), a plea agreement 
that limits the sentence that can be imposed by the court-martial for 
one or more charges and specifications may contain:
    (A) A limitation on the maximum punishment that can be imposed by 
the court-martial;
    (B) a limitation on the minimum punishment that can be imposed by 
the court-martial;
    (C) limitations on the maximum and minimum punishments that can be 
imposed by the court-martial; or,
    (D) a specified sentence or portion of a sentence that shall be 
imposed by the court-martial.''
    (b) R.C.M. 916(e) is amended and reads as follows:
    ``(e) Self-defense.
    (1) Homicide or assault cases involving deadly force. It is a 
defense to a homicide, assault involving deadly force, or battery 
involving deadly force that the accused:
    (A) Apprehended, on reasonable grounds, that death or grievous 
bodily harm was about to be inflicted wrongfully on the accused; and
    (B) Believed that the force the accused used was necessary for 
protection against death or grievous bodily harm.
    (2) Certain aggravated assault cases. It is a defense to assault 
with a dangerous weapon or assault in which substantial or grievous 
bodily harm is inflicted that the accused:
    (A) Apprehended, on reasonable grounds, that bodily harm was about 
to be inflicted wrongfully on the accused; and
    (B) In order to deter the assailant, offered but did not actually 
inflict or attempt to inflict substantial or grievous bodily harm.
    (3) Other assaults. It is a defense to any assault punishable under 
Article 89, 91, or 128 and not listed in paragraphs (e)(1) or (2) of 
this rule that the accused:
    (A) Apprehended, upon reasonable grounds, that bodily harm was 
about to be inflicted wrongfully on the accused; and
    (B) Believed that the force that the accused used was necessary for 
protection against bodily harm, provided that the force used by the 
accused was less than the force inflicting substantial or grievous 
bodily harm.''
    (c) R.C.M. 920(g) is new and reads as follows:
    ``(g) Waiver. Instructions on a lesser included offense shall not 
be given when both parties waive such an instruction. After receiving 
applicable notification of those lesser included offenses of which an 
accused may be convicted, the parties may waive the reading of a lesser 
included offense instruction. A written waiver is not required. The 
accused must affirmatively acknowledge that he or she understands the 
rights involved and affirmatively waives the instruction on the record. 
The accused's waiver must be made freely, knowingly, and intelligently. 
In the case of a joint or common trial, instructions on a lesser 
included offense shall not be given as to an individual accused when 
that accused and the government agree to waive such an instruction.''
    (d) R.C.M. 1208(c) is new and reads as follows:
    ``(c) Effective date of sentences. The effective date of portions 
of a sentence adjudged at a new trial, other trial, or rehearing shall 
be calculated without regard to any previous adjudged sentence. The 
effective dates shall not relate back to any previously adjudged 
sentence.''
    Section 2. Part III of the Manual for Courts-Martial, United States 
as amended by E.O. 13825 is further amended as follows:
    (a) Mil. R. Evid. 315(b)(3) is new and reads as follows:
    ``(3) ``Warrant for Wire or Electronic Communications'' means a 
warrant issued by a military judge pursuant to 18 U.S.C. 2703(a), 
(b)(1)(A), or (c)(1)(A) in accordance with 10 U.S.C. 846(d)(3) and 
R.C.M. 309(b)(2) and R.C.M. 703A.''
    (b) Mil. R. Evid. 315(d) is amended and reads as follows:
    ``(d) Who May Authorize. A search authorization under this rule is 
valid only if issued by an impartial individual in one of the 
categories set forth in subdivisions (d)(1), (d)(2), and (d)(3). Only a 
military judge may issue a warrant for wire or electronic 
communications under this rule. An otherwise impartial authorizing 
official does not lose impartiality merely because he or she is present 
at the scene of a search or is otherwise readily available to persons 
who may seek the issuance of a search authorization; nor does such an 
official lose impartiality merely because the official previously and 
impartially authorized investigative activities when such previous 
authorization is similar in intent or function to a pretrial 
authorization made by the United States district courts.
    (1) Commander. A commander or other person serving in a position 
designated by the Secretary concerned as either a position analogous to 
an officer in charge or a position of command, who has control over the 
place where the property or person to be searched is situated or found, 
or, if that place is not under military control, having control over 
persons subject to military law or the law of war;
    (2) Military Judge or Magistrate. A military judge or magistrate if 
authorized under regulations prescribed by the Secretary of Defense or 
the Secretary concerned; or
    (3) Other competent search authority. A competent, impartial 
official as designated under regulations by the Secretary of Defense or 
the Secretary concerned as an individual authorized to issue search 
authorizations under this rule.''
    Section 3. Part IV of the Manual for Courts-Martial, United States 
as amended by E.O. 13825 is further amended as follows:
    (a) Paragraph 20.c is amended as follows:
    ``c. Explanation.
    (1) In general. The prevention of inappropriate sexual activity by 
trainers, recruiters, and drill instructors with recruits, trainees, 
students attending service academies, and other potentially vulnerable 
persons in the initial training environment is crucial to the 
maintenance of good order and military discipline. Military law, 
regulation, and custom invest officers, non-commissioned officers, 
drill instructors, recruiters, cadre, and others with the right and 
obligation to exercise control over those they supervise. In this 
context, inappropriate sexual activity

[[Page 30149]]

between recruits/trainees and their respective recruiters/trainers is 
inherently destructive to good order and discipline.
    (2) Prohibited activity. The responsibility for identifying 
relationships subject to this offense and those outside the scope of 
this offense is entrusted to the individual Services to determine and 
specify by appropriate regulations. This offense is intended to cover 
those situations which involve the improper use of authority by virtue 
of an individual's position in either a training or recruiting 
environment. Not all contact or associations are prohibited by this 
article. Service regulations must consider circumstances where pre-
existing relationships (for example, marriage relationships) exist. 
Additionally, this offense only criminalizes activity occurring when 
there is a training or recruiting relationship between the accused and 
the alleged victim of this offense.
    (3) Knowledge. The accused must have actual or constructive 
knowledge that a person was a ``specially protected junior member of 
the armed forces'' or an ``applicant for military service'' (as those 
terms are defined in this offense). Knowledge may be proved by 
circumstantial evidence.
    (4) Consent. Consent is not a defense to this offense.''
    (d) Paragraph 69.c.(1) is amended and reads as follows:
    ``(1) ``Access'' means to gain entry to, instruct, cause input to, 
cause output from, cause data processing with, or communicate with, the 
logical, arithmetical, or memory function resources of a computer, 
computer system, or computer network.''
    (e) Paragraph 89.c.(2) is amended and reads as follows:
    ``(2) Personnel action. For purposes of this offense, ``personnel 
action'' means--
    (a) any action taken against a Servicemember that affects, or has 
the potential to affect, that Servicemember's current position or 
career, including promotion, disciplinary or other corrective action, 
transfer or reassignment, performance evaluations, decisions concerning 
pay, benefits, awards, or training, relief or removal, separation, 
discharge, referral for mental health evaluations, and any other 
personnel actions as defined by law or regulation, such as DoD 
Directive 7050.06 (17 April 2015); or,
    (b) any action taken against a civilian employee that affects, or 
has the potential to affect, that person's current position or career, 
including promotion, disciplinary or other corrective action, transfer 
or reassignment, performance evaluations, decisions concerning pay, 
benefits, awards, or training, relief and removal, discharge, and any 
other personnel actions as defined by law or regulation such as 5 
U.S.C. 2302.''


    Dated: June 21, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-13783 Filed 6-26-18; 8:45 am]
 BILLING CODE 5001-06-P



                                                                            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices                                           30147

                                               III. Requirements and Limitations for                      (b) The main International Searching                ACTION:  Notice of proposed amendments
                                               Participation                                           Authority must not have accepted 100                   to the Manual for Courts-Martial, United
                                                 Applicants who would like to                          international applications into the pilot.             States (2016 ed.) and notice of public
                                               participate in the pilot project must be                The USPTO, in its capacity as the main                 meeting.
                                               aware of both the following                             International Searching Authority, will
                                                                                                       accept 50 applications during the first                SUMMARY:    The Department of Defense
                                               requirements to be met by applicants                                                                           requests comments on proposed
                                               and the following limitations set by the                year of the pilot, that is from July 1,
                                                                                                       2018, to June 30, 2019, and 50                         changes to the Manual for Courts-
                                               IP5 Offices.                                                                                                   Martial, United States (2016 ed.) (MCM).
                                                                                                       applications during the second year of
                                               A. Requirements To Be Met by                            the pilot, that is from July 1, 2019, to               The proposed changes concern the rules
                                               Applicants                                              June 30, 2020.                                         of procedure and evidence applicable in
                                                                                                          (c) The main International Searching                trials by courts-martial as well as
                                                  The following requirements must be                                                                          amendments to portions of the MCM
                                               met by applicants wishing to participate                Authority must not determine that there
                                                                                                       is a defect in the application (e.g., the              discussing the punitive articles of the
                                               in the pilot project:                                                                                          Uniform Code of Military Justice. The
                                                  (a) The request for participation in the             application does not contain a sequence
                                                                                                       listing portion of the description and/or              approval authority for these changes is
                                               pilot must be submitted on the standard                                                                        the President. These proposed changes
                                               participation form and filed together                   a copy of a sequence listing in computer
                                                                                                       readable form as provided for in the                   have not been coordinated within the
                                               with the international application.                                                                            Department of Defense under DoD
                                                  (b) The participation form and the                   Administrative Instructions under the
                                                                                                       PCT) impeding the processing of the                    Directive 5500.01, ‘‘Preparing,
                                               international application must be filed                                                                        Processing and Coordinating
                                               at the receiving Office of one of the IP5               application according to the timeline for
                                                                                                       the collaborative process.                             Legislation, Executive Orders,
                                               Offices or at the International Bureau as                                                                      Proclamations, Views Letters, and
                                               receiving Office, and the applicant must                IV. Duration                                           Testimony,’’ June 15, 2007, and do not
                                               select one of the IP5 Offices as the main                                                                      constitute the official position of the
                                               International Searching Authority under                    The pilot project is divided into two
                                                                                                       phases, a preparatory phase and an                     Department of Defense, the Military
                                               PCT Rule 35. For example, U.S.                                                                                 Departments, or any other Government
                                               applicants filing with the USPTO or the                 operational phase. The preparatory
                                                                                                       phase started on June 2, 2016, and was                 agency.
                                               International Bureau as receiving Office                                                                       DATES: Comments on the proposed
                                               may select the USPTO, the EPO, the                      dedicated to the administrative and
                                                                                                       practical preparations required for a                  changes must be received no later than
                                               KIPO, or the JPO as International                                                                              August 27, 2018. A public meeting for
                                               Searching Authority, subject to certain                 smooth functioning of the pilot. The
                                                                                                       operational phase will start on July 1,                comments will be held on July 11, 2018,
                                               limitations as described in the PCT                                                                            at 1:30 p.m. in the United States Court
                                               Applicant’s Guide, Annex C/US.                          2018, and will be dedicated to the
                                                                                                       processing of applications under the                   of Appeals for the Armed Forces
                                                  (c) Where the participation form and                                                                        building, 450 E Street NW, Washington
                                               the international application are filed                 collaborative scheme, the monitoring of
                                                                                                       applications for evaluation purposes,                  DC 20442–0001.
                                               with the USPTO, they must be filed in
                                                                                                       and the assessment of the outcome of                   ADDRESSES: You may submit comments,
                                               electronic form via the USPTO’s EFS-
                                                                                                       the pilot. The operational phase will last             identified by docket number and title,
                                               Web system. The participation form
                                                                                                       for a period of three years ending on                  by any of the following methods:
                                               must be loaded into EFS-Web as a                                                                                  • Federal eRulemaking Portal: http://
                                               separate document using document                        July 1, 2021, and will include an
                                                                                                       evaluation of the impact of the pilot on               www.regulations.gov. Follow the
                                               description ‘‘Request to Participate in                                                                        instructions for submitting comments.
                                               PCT CS&E Pilot.’’ This is true even                     examination during the subsequent
                                                                                                       national/regional stages. Requests for                    • Mail: Department of Defense, Office
                                               where the participation form is prepared                                                                       of the Deputy Chief Management
                                               using WIPO’s ePCT system since EFS-                     participation in the pilot will be
                                                                                                       accepted only during the first two years               Officer, Directorate for Oversight and
                                               Web only extracts the PCT Request form                                                                         Compliance, 4800 Mark Center Drive,
                                               and Fee Calculation sheet from ePCT or                  of the operational phase, i.e., from July
                                                                                                       1, 2018, to June 30, 2020.                             Mailbox #24, Suite 08D09, Alexandria,
                                               PCT Safe zip files.                                                                                            VA 22350–1700.
                                                  (d) The participation form and the                     Dated: June 21, 2018.                                   Instructions: All submissions received
                                               international application must be filed                 Andrei Iancu,                                          must include the agency name and
                                               in English when they are filed with the                 Under Secretary of Commerce for Intellectual           docket number for this Federal Register
                                               USPTO. As noted above, the other IP5                    Property and Director of the United States             document. The general policy for
                                               Offices will initially only accept                      Patent and Trademark Office.                           comments and other submissions from
                                               applications filed in English and will                  [FR Doc. 2018–13800 Filed 6–26–18; 8:45 am]            members of the public is to make these
                                               announce when they are prepared to                      BILLING CODE 3510–16–P                                 submissions available for public
                                               accept applications in languages other                                                                         viewing on the internet at http://
                                               than English.                                                                                                  www.regulations.gov as they are
                                               B. Limitations Set by the IP5 Offices                                                                          received without change, including any
                                                                                                       DEPARTMENT OF DEFENSE
                                                                                                                                                              personal identifiers or contact
                                                 The following limitations related to                                                                         information.
                                               organizational aspects of the pilot must                Office of the Secretary
                                               be complied with for the main                                                                                  FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES




                                               International Searching Authority to                    [Docket ID DOD–2018–OS–0039]                           Lieutenant Alexandra Nica, JAGC, USN,
                                               accept a request for participation in the                                                                      Executive Secretary, JSC, (202) 685–
                                                                                                       Manual for Courts-Martial; Proposed                    7058, alexandra.nica@navy.mil. The JSC
                                               pilot:                                                  Amendments
                                                 (a) The applicant must not have had                                                                          website is located at http://
                                               ten international applications accepted                 AGENCY:  Joint Service Committee on                    jsc.defense.gov.
                                               in the pilot by the same main                           Military Justice (JSC), Department of                  SUPPLEMENTARY INFORMATION: This
                                               International Searching Authority.                      Defense.                                               notice is provided in accordance with


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                                               30148                        Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices

                                               DoD Instruction 5500.17, ‘‘Role and                        (A) Apprehended, on reasonable                         (b) Mil. R. Evid. 315(d) is amended
                                               Responsibilities of the Joint Service                   grounds, that bodily harm was about to                 and reads as follows:
                                               Committee (JSC) on Military Justice,’’                  be inflicted wrongfully on the accused;                   ‘‘(d) Who May Authorize. A search
                                               February 21, 2018.                                      and                                                    authorization under this rule is valid
                                                  The JSC invites members of the public                   (B) In order to deter the assailant,                only if issued by an impartial individual
                                               to comment on the proposed changes;                     offered but did not actually inflict or                in one of the categories set forth in
                                               such comments should address specific                   attempt to inflict substantial or grievous             subdivisions (d)(1), (d)(2), and (d)(3).
                                               recommended changes and provide                         bodily harm.                                           Only a military judge may issue a
                                               supporting rationale.                                      (3) Other assaults. It is a defense to              warrant for wire or electronic
                                                  This notice also sets forth the date,                any assault punishable under Article 89,               communications under this rule. An
                                               time, and location for a public meeting                 91, or 128 and not listed in paragraphs                otherwise impartial authorizing official
                                               of the JSC to discuss the proposed                      (e)(1) or (2) of this rule that the accused:           does not lose impartiality merely
                                               changes.                                                   (A) Apprehended, upon reasonable                    because he or she is present at the scene
                                                  This notice is intended only to                      grounds, that bodily harm was about to                 of a search or is otherwise readily
                                               improve the internal management of the                  be inflicted wrongfully on the accused;                available to persons who may seek the
                                               Federal Government. It is not intended                  and                                                    issuance of a search authorization; nor
                                               to create any right or benefit,                            (B) Believed that the force that the                does such an official lose impartiality
                                               substantive or procedural, enforceable at               accused used was necessary for                         merely because the official previously
                                               law by any party against the United                     protection against bodily harm,                        and impartially authorized investigative
                                               States, its agencies, its officers, or any              provided that the force used by the                    activities when such previous
                                               person.                                                 accused was less than the force                        authorization is similar in intent or
                                                  The proposed amendments to the                       inflicting substantial or grievous bodily              function to a pretrial authorization
                                               MCM are as follows:                                     harm.’’                                                made by the United States district
                                                                                                          (c) R.C.M. 920(g) is new and reads as               courts.
                                                  Section 1. Part II of the Manual for
                                                                                                       follows:                                                  (1) Commander. A commander or
                                               Courts-Martial, United States as
                                                                                                          ‘‘(g) Waiver. Instructions on a lesser              other person serving in a position
                                               amended by E.O. 13825 is further
                                                                                                       included offense shall not be given                    designated by the Secretary concerned
                                               amended as follows:
                                                                                                       when both parties waive such an                        as either a position analogous to an
                                                  (a) R.C.M. 705(d)(1) is amended and
                                                                                                       instruction. After receiving applicable                officer in charge or a position of
                                               reads as follows:
                                                                                                       notification of those lesser included                  command, who has control over the
                                                  ‘‘(1) In general. Subject to such
                                                                                                       offenses of which an accused may be                    place where the property or person to be
                                               limitations as the Secretary concerned
                                                                                                       convicted, the parties may waive the                   searched is situated or found, or, if that
                                               may prescribe pursuant to R.C.M.
                                                                                                       reading of a lesser included offense                   place is not under military control,
                                               705(a), a plea agreement that limits the
                                                                                                       instruction. A written waiver is not                   having control over persons subject to
                                               sentence that can be imposed by the
                                                                                                       required. The accused must                             military law or the law of war;
                                               court-martial for one or more charges                                                                             (2) Military Judge or Magistrate. A
                                               and specifications may contain:                         affirmatively acknowledge that he or she
                                                                                                                                                              military judge or magistrate if
                                                  (A) A limitation on the maximum                      understands the rights involved and
                                                                                                                                                              authorized under regulations prescribed
                                               punishment that can be imposed by the                   affirmatively waives the instruction on
                                                                                                                                                              by the Secretary of Defense or the
                                               court-martial;                                          the record. The accused’s waiver must
                                                                                                                                                              Secretary concerned; or
                                                  (B) a limitation on the minimum                      be made freely, knowingly, and                            (3) Other competent search authority.
                                               punishment that can be imposed by the                   intelligently. In the case of a joint or               A competent, impartial official as
                                               court-martial;                                          common trial, instructions on a lesser                 designated under regulations by the
                                                  (C) limitations on the maximum and                   included offense shall not be given as to              Secretary of Defense or the Secretary
                                               minimum punishments that can be                         an individual accused when that                        concerned as an individual authorized
                                               imposed by the court-martial; or,                       accused and the government agree to                    to issue search authorizations under this
                                                  (D) a specified sentence or portion of               waive such an instruction.’’                           rule.’’
                                               a sentence that shall be imposed by the                    (d) R.C.M. 1208(c) is new and reads as                 Section 3. Part IV of the Manual for
                                               court-martial.’’                                        follows:                                               Courts-Martial, United States as
                                                  (b) R.C.M. 916(e) is amended and                        ‘‘(c) Effective date of sentences. The              amended by E.O. 13825 is further
                                               reads as follows:                                       effective date of portions of a sentence               amended as follows:
                                                  ‘‘(e) Self-defense.                                  adjudged at a new trial, other trial, or                  (a) Paragraph 20.c is amended as
                                                  (1) Homicide or assault cases                        rehearing shall be calculated without                  follows:
                                               involving deadly force. It is a defense to              regard to any previous adjudged                           ‘‘c. Explanation.
                                               a homicide, assault involving deadly                    sentence. The effective dates shall not                   (1) In general. The prevention of
                                               force, or battery involving deadly force                relate back to any previously adjudged                 inappropriate sexual activity by trainers,
                                               that the accused:                                       sentence.’’                                            recruiters, and drill instructors with
                                                  (A) Apprehended, on reasonable                          Section 2. Part III of the Manual for               recruits, trainees, students attending
                                               grounds, that death or grievous bodily                  Courts-Martial, United States as                       service academies, and other potentially
                                               harm was about to be inflicted                          amended by E.O. 13825 is further                       vulnerable persons in the initial training
                                               wrongfully on the accused; and                          amended as follows:                                    environment is crucial to the
                                                  (B) Believed that the force the accused                 (a) Mil. R. Evid. 315(b)(3) is new and              maintenance of good order and military
daltland on DSKBBV9HB2PROD with NOTICES




                                               used was necessary for protection                       reads as follows:                                      discipline. Military law, regulation, and
                                               against death or grievous bodily harm.                     ‘‘(3) ‘‘Warrant for Wire or Electronic              custom invest officers, non-
                                                  (2) Certain aggravated assault cases. It             Communications’’ means a warrant                       commissioned officers, drill instructors,
                                               is a defense to assault with a dangerous                issued by a military judge pursuant to                 recruiters, cadre, and others with the
                                               weapon or assault in which substantial                  18 U.S.C. 2703(a), (b)(1)(A), or (c)(1)(A)             right and obligation to exercise control
                                               or grievous bodily harm is inflicted that               in accordance with 10 U.S.C. 846(d)(3)                 over those they supervise. In this
                                               the accused:                                            and R.C.M. 309(b)(2) and R.C.M. 703A.’’                context, inappropriate sexual activity


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                                                                            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices                                                  30149

                                               between recruits/trainees and their                     evaluations, decisions concerning pay,                 www.regulations.gov as they are
                                               respective recruiters/trainers is                       benefits, awards, or training, relief and              received without change, including any
                                               inherently destructive to good order and                removal, discharge, and any other                      personal identifiers or contact
                                               discipline.                                             personnel actions as defined by law or                 information.
                                                  (2) Prohibited activity. The                         regulation such as 5 U.S.C. 2302.’’                    FOR FURTHER INFORMATION CONTACT:      To
                                               responsibility for identifying
                                                                                                         Dated: June 21, 2018.                                request more information on this
                                               relationships subject to this offense and
                                                                                                       Aaron T. Siegel,                                       proposed information collection or to
                                               those outside the scope of this offense
                                                                                                                                                              obtain a copy of the proposal and
                                               is entrusted to the individual Services to              Alternate OSD Federal Register Liaison
                                               determine and specify by appropriate                    Officer, Department of Defense.                        associated collection instruments,
                                               regulations. This offense is intended to                [FR Doc. 2018–13783 Filed 6–26–18; 8:45 am]
                                                                                                                                                              please write to ODASD (Supply Chain
                                               cover those situations which involve the                                                                       Integration), 3500 Defense Pentagon RM
                                                                                                       BILLING CODE 5001–06–P
                                               improper use of authority by virtue of                                                                         1E518, Washington DC 20301–3500,
                                               an individual’s position in either a                                                                           Anthony VanBuren,
                                               training or recruiting environment. Not                 DEPARTMENT OF DEFENSE                                  anthony.d.vanburen.ctr@mail.mil or
                                               all contact or associations are prohibited                                                                     (571) 372–5259.
                                               by this article. Service regulations must               Office of the Secretary                                SUPPLEMENTARY INFORMATION:
                                               consider circumstances where pre-                       [Docket ID: DOD–2018–OS–0037]                             Title: Associated Form; and OMB
                                               existing relationships (for example,                                                                           Number: Defense Materiel Disposition
                                               marriage relationships) exist.                          Proposed Collection; Comment                           Procedures for the Sale of DoD Materiel;
                                               Additionally, this offense only                         Request                                                DRMS 1645, DRMS 2006, SF 114–A;
                                               criminalizes activity occurring when                                                                           OMB Control Number 0704–0534.
                                                                                                       AGENCY:  Under Secretary of Defense for                   Needs and Uses: This collection
                                               there is a training or recruiting
                                                                                                       Acquisition and Sustainment, DoD.                      allows the Department of Defense (DoD)
                                               relationship between the accused and
                                                                                                       ACTION: Information collection notice.                 and its representatives to assess the
                                               the alleged victim of this offense.
                                                  (3) Knowledge. The accused must                                                                             ability of prospective purchasers to
                                                                                                       SUMMARY:    In compliance with the
                                               have actual or constructive knowledge                                                                          comply with applicable laws and
                                                                                                       Paperwork Reduction Act of 1995, the
                                               that a person was a ‘‘specially protected                                                                      regulations before the sale of materiel.
                                                                                                       Defense Logistics Agency announces a
                                               junior member of the armed forces’’ or                                                                         Defense Reutilization and Marketing
                                                                                                       proposed public information collection
                                               an ‘‘applicant for military service’’ (as                                                                      Service (DRMS) Form 1645, ‘‘Statement
                                                                                                       and seeks public comment on the
                                               those terms are defined in this offense).                                                                      of Intent,’’ and Standard Form (SF) 114–
                                                                                                       provisions thereof. Comments are
                                               Knowledge may be proved by                                                                                     A, ‘‘Sale of Government Property—Item
                                                                                                       invited on: Whether the proposed
                                               circumstantial evidence.                                                                                       Bid Page—Sealed Bid,’’ are used to
                                                                                                       collection of information is necessary
                                                  (4) Consent. Consent is not a defense                                                                       identify the nature of the purchaser’s
                                                                                                       for the proper performance of the
                                               to this offense.’’                                                                                             business, where the materials will be
                                                                                                       functions of the agency, including
                                                  (d) Paragraph 69.c.(1) is amended and                                                                       stored, and what the buyer’s intentions
                                                                                                       whether the information shall have
                                               reads as follows:                                                                                              are with the materiel (i.e., use the
                                                  ‘‘(1) ‘‘Access’’ means to gain entry to,             practical utility; the accuracy of the
                                                                                                                                                              materiel as intended, re-sell to others,
                                               instruct, cause input to, cause output                  agency’s estimate of the burden of the
                                                                                                                                                              scrap the materiel for recovery of
                                               from, cause data processing with, or                    proposed information collection; ways
                                                                                                                                                              contents, or re-refine or re-process the
                                               communicate with, the logical,                          to enhance the quality, utility, and
                                                                                                                                                              materiel). These forms are used to
                                               arithmetical, or memory function                        clarity of the information to be
                                                                                                                                                              determine if DRMS Form 2006, ‘‘Pre-
                                               resources of a computer, computer                       collected; and ways to minimize the
                                                                                                                                                              Award/Post-Award On-Site Review,’’
                                               system, or computer network.’’                          burden of the information collection on
                                                                                                                                                              will also be needed; DRMS Form 2006
                                                  (e) Paragraph 89.c.(2) is amended and                respondents, including through the use
                                                                                                                                                              allows DoD components to determine if
                                               reads as follows:                                       of automated collection techniques or
                                                                                                                                                              the purchaser is capable of meeting
                                                  ‘‘(2) Personnel action. For purposes of              other forms of information technology.
                                                                                                                                                              environmental and hazardous material
                                               this offense, ‘‘personnel action’’                      DATES: Consideration will be given to all              handling responsibilities, in compliance
                                               means—                                                  comments received by August 27, 2018.                  with CFR part 102 of Title 41.
                                                  (a) any action taken against a                       ADDRESSES: You may submit comments,                    Compliance with this regulation must
                                               Servicemember that affects, or has the                  identified by docket number and title,                 be ascertained before DoD components
                                               potential to affect, that Servicemember’s               by any of the following methods:                       may make an award of hazardous and
                                               current position or career, including                     Federal eRulemaking Portal: http://                  dangerous property.
                                               promotion, disciplinary or other                        www.regulations.gov. Follow the                           Affected Public: Business or other for-
                                               corrective action, transfer or                          instructions for submitting comments.                  profit.
                                               reassignment, performance evaluations,                    Mail: Department of Defense, Office of                  Annual Burden Hours: 232.
                                               decisions concerning pay, benefits,                     the Chief Management Officer,                             Number of Respondents: 72.
                                               awards, or training, relief or removal,                 Directorate for Oversight and                             Responses per Respondent: 2.63.
                                               separation, discharge, referral for mental              Compliance, 4800 Mark Center Drive,                       Annual Responses: 189.
                                               health evaluations, and any other                       Mailbox #24 Suite 08D09, Alexandria,                      Average Burden per Response: 1.23
                                               personnel actions as defined by law or                  VA 22350–1700.                                         hours.
                                               regulation, such as DoD Directive                         Instructions: All submissions received                  Frequency: On occasion.
daltland on DSKBBV9HB2PROD with NOTICES




                                               7050.06 (17 April 2015); or,                            must include the agency name, docket
                                                  (b) any action taken against a civilian              number and title for this Federal                        Dated: June 21, 2018.
                                               employee that affects, or has the                       Register document. The general policy                  Shelly E. Finke,
                                               potential to affect, that person’s current              for comments and other submissions                     Alternate OSD Federal Register, Liaison
                                               position or career, including promotion,                from members of the public is to make                  Officer, Department of Defense.
                                               disciplinary or other corrective action,                these submissions available for public                 [FR Doc. 2018–13838 Filed 6–26–18; 8:45 am]
                                               transfer or reassignment, performance                   viewing on the internet at http://                     BILLING CODE 5001–06–P




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Document Created: 2018-11-06 09:52:38
Document Modified: 2018-11-06 09:52:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed amendments to the Manual for Courts-Martial, United States (2016 ed.) and notice of public meeting.
DatesComments on the proposed changes must be received no later than August 27, 2018. A public meeting for comments will be held on July 11, 2018, at 1:30 p.m. in the United States Court of Appeals for the Armed Forces building, 450 E Street NW, Washington DC 20442-0001.
ContactLieutenant Alexandra Nica, JAGC, USN, Executive Secretary, JSC, (202) 685-7058, [email protected] The JSC website is located at http://jsc.defense.gov.
FR Citation83 FR 30147 

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