Appendix A to Part 152 - Guidance to the Joint Service Committee (JSCA)
32:1.1.1.5.46.0.44.6.35 : Appendix A
Appendix A to Part 152 - Guidance to the Joint Service Committee
(JSCA)
(a) Review the Manual for Courts-Martial. (1) The Joint
Service Committee (JSC) shall conduct an annual review of the
Manual for Courts-Martial (MCM), in light of judicial and
legislative developments in military and civilian practice, to
ensure:
(i) The MCM implements the Uniform Code of Military Justice
(UCMJ) and reflects current military practice and judicial
precedent.
(ii) The rules and procedures of the MCM are uniform insofar as
practicable.
(iii) The MCM applies, to the extent practicable, the principles
of law and the rules of evidence generally recognized in the trial
of criminal cases in United States district courts, but which are
not contrary to or inconsistent with the UCMJ.
(iv) The MCM is workable throughout the worldwide jurisdiction
of the UCMJ; and,
(v) The MCM is workable across the spectrum of circumstances in
which courts-martial are conducted, including combat
conditions.
(2) During this review, any JSC voting member may propose for
the Voting Group's consideration an amendment to the MCM. Proposed
amendments to the MCM shall ordinarily be referred to the JSC
Working Group (WG) for study. The WG assists the JSC in staffing
various proposals, conducting studies of proposals and other
military justice related topics at the JSC's direction, and making
reports to the JSC. Any proposed amendment to the MCM, if approved
by a majority of the JSC voting members, becomes a part of the
annual review.
(3) The JSC shall prepare a draft of the annual review of the
MCM and forward it to the General Counsel of the Department of
Defense, on or about December 31st. The General Counsel of the
Department of Defense may submit the draft of the annual review to
the Code Committee established by Article 146 of the UCMJ, with an
invitation to submit comments.
(4) The draft of the annual review shall set forth any specific
recommendations for changes to the MCM, including, if not
adequately addressed in the accompanying discussion or analysis, a
concise statement of the basis and purpose of any proposed change.
If no changes are recommended, the draft review shall so state. If
the JSC recommends changes to the MCM, the draft review shall so
state. If the JSC recommends changes to the MCM, the public notice
procedures of paragraph (d)(3) of this appendix are applicable.
(b) Changes to the Manual for Courts-Martial. (1) By
January 1st of each year, the JSC voting members shall ensure that
a solicitation for proposed changes to the MCM is sent to
appropriate agencies within their respective Services that
includes, but is not limited to, the judiciary, the trial counsel
and defense counsel organizations, and the judge advocate general
schools.
(2) The Federal Register announcement of each year's annual
review of proposed changes to the MCM shall also invite members of
the public to submit any new proposals for JSC consideration during
subsequent JSC annual reviews.
(3) When the JSC receives proposed changes to the MCM either by
solicitation or Federal Register notice, the JSC shall determine
whether the proposal should be considered under paragraph (a)(2) of
this appendix by determining if one or more of the JSC voting
member(s) intends to sponsor the proposed change. The JSC shall
determine when such sponsored proposals should be considered under
the annual review process, taking into account any other proposals
under consideration and any other reviews or studies directed by
the General Counsel of the Department of Defense.
(4) Changes to the MCM shall be proposed as part of the annual
review conducted under paragraph (a) of this appendix. When earlier
implementation is required, the JSC may send proposed changes to
the General Counsel of the Department of Defense, for coordination
under DoD Directive 5500.1. 3
3 Available at http://www.dtic.mil/whs/directives.
(c) Proposals to Amend the Uniform Code of Military
Justice. The JSC may determine that the efficient
administration of military justice within the Armed Services
requires amendments to the UCMJ, or that a desired amendment to the
MCM makes necessary an amendment to the UCMJ. In such cases, the
JSC shall forward to the General Counsel of the Department of
Defense, a legislative proposal to change the UCMJ. The General
Counsel of the Department of Defense may direct that the JSC
forward any such legislative proposal to the Code Committee for its
consideration under Article 146, UCMJ.
(d) Public Notice and Meeting. (1) Proposals to amend the
UCMJ are not governed by the procedures set out in this paragraph.
(See DoD Directive 5105. 18. This paragraph applies only to the JSC
recommendations to amend the MCM.)
(2) It is DoD policy to encourage public participation in the
JSC's review of the MCM. Notice that the Department of Defense,
through the JSC, intends to propose changes to the MCM normally
shall be published in the Federal Register before submission of
such changes to the President. This notice is not required when the
Secretary of Defense in his sole and unreviewable discretion
proposes that the President issue the change without such notice on
the basis that public notice procedures, as set forth in this part,
are unnecessary or contrary to the sound administration of military
justice, or a MCM change corresponding to legislation is
expeditiously required to keep the MCM current and consistent with
changes in applicable law.
(3) The Office of General Counsel of the Department of Defense
shall facilitate publishing the Federal Register notice required
under this paragraph.
(4) The notice under this paragraph shall consist of the
publication of the full text of the proposed changes, including
discussion and analysis, unless the General Counsel of the
Department of Defense determines that such publication in full
would unduly burden the Federal Register, the time and place where
a copy of the proposed change may be examined, and the procedure
for obtaining access to or a copy of the proposed change.
(5) A period of not fewer than 60 days after publication of
notice normally shall be allowed for public comment, but a shorter
period may be authorized when the General Counsel of the Department
of Defense determines that a 60-day period is unnecessary or is
contrary to the sound administration of military justice. The
Federal Register notice shall normally indicate that public
comments shall be submitted to the Executive Secretary of the
JSC.
(6) The JSC shall provide notice in the Federal Register and
hold a public meeting during the public comments period, where
interested persons shall be given a reasonable opportunity to
submit views on any of the proposed changes contained in the annual
review. Public proposals and comments to the JSC should include a
reference to the specific provision to be changed, a rational for
the proposed change, and specific and detailed proposed language to
replace the current language. Incomplete submissions might be
insufficient to receive the consideration desired. The JSC shall
seek to consider all views presented at the public meeting as well
as any written comments submitted during the 60-day period when
determining the final form of any proposed amendments to the
MCM.
(E) Internal Rules and Record-Keeping. (1) In furthering
DoD policy, studying issues, or performing other duties relating to
the administration of military justice, the JSC may establish
internal rules governing its operation.
(2) The JSC shall create a file system and maintain appropriate
JSC records.