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 Executive Orders EO 13254 Section 1. Policy. Building on our Nation's rich tradition of citizen service, this Administration's policy is to foster a culture of responsibility, service, and citizenship by promoting, expanding, and enhancing public service op- portunities for all Americans and by making these opportunities readily available to citizens from all geographic areas, professions, and walks of life. More specifically, this Administration encourages all Americans to serve their country for the equivalent of at least 2 years (4,000 hours) over their lifetimes. Toward those ends, the executive departments, agencies, and offices constituting the USA Freedom Corps shall coordinate and strengthen Federal and other service opportunities, including opportunities for participation in homeland security preparedness and response, other areas of public and social service, and international service. The executive branch departments, agencies, and offices also will work with State and local governments and private entities to foster and encourage participation in public and social service programs, as appropriate. Sec. 2. USA Freedom Corps. The USA Freedom Corps shall be an inter- agency initiative, bringing together executive branch departments, agencies, and offices with public service programs and components, including but not limited to programs and components with the following functions: (i) recruiting, mobilizing, and encouraging all Americans to engage in public service; (ii) providing concrete opportunities to engage in public service; (iii) providing the public with access to information about public service opportunities through Federal programs and elsewhere; and (iv) providing recognition and awards to volunteers and other partici- pants in public service programs. Sec. 3. USA Freedom Corps Council. (a) Establishment and Mission. There shall be a USA Freedom Corps Council (Council) chaired by the President and composed of heads of executive branch departments, agencies, and of- rices, which shall have the following functions: (i) serving as a forum for Federal officials responsible for public serv- ice programs to coordinate and improve public service programs and ac- tivities administered by the executive branch; (ii) working to encourage all Americans to engage in public service, whether through Federal programs or otherwise; (iii) advising the President and heads of executive branch departments, agencies, and offices concerning the optimization of current Federal pro- grams to enhance public service opportunities; (iv) coordinating public outreach and publicity of citizen service op- portunities provided by Federal programs; (v) encouraging schools, universities, private public service organiza- tions, and other non-Federal entities to foster and reward public service; (vi) studying the availability of public service opportunities provided by the Federal Government and elsewhere; and (vii) tracking progress in participation in public service programs. (b) Membership. In addition to the Chair, the members of the Council shall be the heads of the executive branch departments, agencies, and of-

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 EO 13254 Title 3--The President rices listed below, or their designees, and such other officers of the execu- tive branch as the President may from time to time designate. Every mem- ber of the Council or designee shall be a full-time or permanent part-time officer or employee of the Federal Government. Members shall not be com- pensated for their service on the Council in addition to the salaries they receive as employees or officers of the Federal Government. (i) Vice President; (ii) Attorney General; (iii) Secretary of State; (iv) Secretary of Health and Human Services; (v) Secretary of Commerce; (vi) Secretary of Education; (vii) Secretary of Veterans Affairs; (viii) Director of the Federal Emergency Management Agency; (ix) Chief Executive Officer of the Corporation for National and Com- munity Service; (x) Director of the Peace Corps; (xi) Administrator of the United States Agency for International Devel- opment; (xii) Director of the USA Freedom Corps Office; and (xiii) Director of the Office of Faith-Based and Community Initiatives. (c) Chair. The President shall be the Chair of the USA Freedom Corps Council, and in his absence, the Vice President shall serve as Chair. The Director of the USA Freedom Corps Office may, at the President's direction, preside over meetings of the Council in the President's and Vice President's absence. (d) Honorazy Co-Chair. The President may, from time to time, designate an Honorary Co-Chair or Co-Chairs, who shall serve in an advisory role to the Council and to the President on matters considered by the Council. Any Honorary Co-Chair shall be a full-time or permanent part-time em- ployee or officer of the Federal Government. (e) Meetings. The Council shall meet at the President's direction. The Di- rector of the USA Freedom Corps Office shall be responsible, at the Presi- dent's direction, for determining the agenda, ensuring that necessary papers are prepared, and recording Council actions and Presidential decisions. (f) Responsibilities of Executive Branch Departments, Agencies, and Of- \177'ces. (i) Members of the Council shall remain responsible for overseeing the programs administered by their respective departments, agencies, and of- rices. Each such department, agency, and office will retain its authority and responsibility to administer those programs according to law; (ii) Each executive branch department, agency, or office with responsi- bility for programs relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order shall be respon- sible for identifying those public service opportunities and coordinating 198

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 Executive Orders EO 13255 with the USA Freedom Corps Council to ensure that such programs are, if appropriate, publicized and encouraged by the Council; and (iii) Upon the request of the Chair, and to the extent permitted by law, the heads of executive branch departments and agencies shall provide the Council with relevant information. Sec. 4. USA Freedom Corps Office. (a) General. The USA Freedom Corps also shall be supported by a USA Freedom Corps Office (Office), which shall be a component of the White House Office. The USA Freedom Corps Office shall have a Director who shall be appointed by the President. The Director shall be assisted by an appropriate staff within the White House Office. (b) Presidential Recognition to Participants in USA Freedom Corps Pro- grams. In addition to supporting and facilitating the functions of the Coun- cil listed in section 3 of this order, the Office shall support the President in providing recognition to volunteers and other participants in programs and activities relating to the functions and missions of the USA Freedom Corps as described in section 2 of this order. Sec. 5. General Provisions. (a) The White House Office shall provide the Council and Office with such funding and administrative support, to the extent permitted by law and subject to the availability of appropriations, as directed by the Chief of Staff to the President to carry out the provisions of this order. (b) This order does not alter the existing authorities or roles of executive branch departments, agencies, or offices. Nothing in this order shall super- sede any requirement made by or under law. (c) This order does not create any right or benefit, substantive or proce- dural, enforceable at law or equity, against the United States, its depart- ments, agencies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, Janua\177 29, 2002. Executive Order 13255 of February 6, 2002 Amendment to Executive Order 13227, President's Commission on Excellence in Special Education By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to extend the reporting date of the President's Commission on Excellence in Special Education, it is hereby ordered that Executive Order 13227 of October 2, 2001, is amended by deleting "April 30, 2002" in section 3(b) of that order and inserting in lieu thereof "July 1, 2002". GEORGE W. BUSH THE WHITE HOUSE, February 6, 2002. 199

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 EO 13256 Title 3--The President Executive Order 13256 of February 12, 2002 President's Board of Advisors on Historically Black Colleges and Universities By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to advance the development of the Nation's full human potential and to advance equal opportunity in higher education, to strengthen the capacity of historically black colleges and universities to provide the highest quality education, and to increase opportunities for these institutions to participate in and benefit from Fed- eral programs, as do other colleges and universities, it is hereby ordered as follows: Section 1. There is established, in the Office of the Secretary of Education, a Presidential advisory committee entitled the "President's Board of Advi- sors on Historically Black Colleges and Universities" (Board). The Board shall prepare and issue an annual report to the President on the results of the participation of historically black colleges and universities in Federal programs. The Board also shall provide advice to the President and to the Secretary of Education (Secretary) regarding the needs of historically black colleges and universities in the areas of infrastructure, academic programs, and faculty and institutional development. In the annual report to the President, the Board shall make recommendations on how to increase the private sector role, including the role of private foundations, in strength- ening historically black colleges and universities. Particular emphasis should also be given in the report to enhancing institutional planning and development, strengthening fiscal stability and financial management, and improving institutional infrastructure, including the use of technology, to ensure the long-term viability and enhancement of these institutions. Sec. 2. The Board shall be appointed by the President. The Board member- ship shall include sitting presidents of historically black colleges and uni- versities, representatives of other higher education institutions, business and financial leaders, representatives of private foundations, and secondary school administrators. The President shall designate a Chair or Co-Chairs from among the members. Sec. 3. The White House Initiative on Historically Black Colleges and Uni- versities (Initiative), located in the Office of the Secretary of Education, shall: (1) provide staff, resources, and assistance to the Board; (2) assist the Secretary in performing the liaison function between the executive branch and historically black colleges and universities; and (3) serve the Secretary in carrying out the responsibilities described in section 6 of this order. Sec. 4. To carry out this order, each executive department and agency iden- tified by the Secretary may, consistent with applicable law and regulations, enter into appropriate grants, contracts, or cooperative agreements with his- torically black colleges and universities. The head of each department or agency so identified shall establish an annual plan that will establish clear goals for how the department or agency intends to increase the capacity of historically black colleges and universities to compete effectively for grants, contracts, or cooperative agreements and to encourage historically black colleges and universities to participate in Federal programs. The depart- ment's or agency's annual goal should be clearly reflected in the depart- 200

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 Executive Orders EO 13256 ment's or agency's annual budget submission to the Office of Management and Budget. To facilitate the attainment of these goals, the head of each de- partment or agency identified by the Secretary shall provide, as appro- priate, technical assistance and information to historically black colleges and universities regarding the program activities of the department or agen- cy and the preparation of applications or proposals for grants, contracts, or cooperative agreements. Sec. 5. Each executive department and agency identified by the Secretary shall appoint a senior official, who is a full-time officer of the Federal Gov- ernment, to report directly to the department or agency head with respect to department or agency activity under this order, and to serve as liaison to the Board and to the Initiative. To the extent permitted by law and regu- lations, each executive department and agency identified by the Secretary shall provide appropriate information requested by the Board and staff pur- suant to the order. Sec. 6. Each executive department and agency identified by the Secretary shall develop an annual plan for, and shall document the agency's effort in, increasing the capacity of historically black colleges and universities to participate in Federal programs. Each department's and agency's plan shall describe new or existing department and agency programs and measurable objectives for proposed department and agency actions, in connection with those programs, to achieve the purposes of this order. These plans shall be submitted at such time and in such form as the Secretary shall require. In consultation with the participating departments and agencies, the Secretary shall review the plans and develop, with the advice of the Board, an inte- grated Annual Federal Plan for Assistance to Historically Black Colleges and Universities for submission to the President. The Secretary shall pro- vide the president of each historically black college and university with a copy of, and an opportunity to comment on, the proposed Annual Federal Plan prior to its submission to the President. Each participating department and agency shall submit to the Secretary an Annual Performance Report that shall measure each department's and agency's performance against the objectives set forth in the department's or agency's annual plan. The Sec- retary shall be responsible for monitoring compliance with the Annual Fed- eral Plan after it is approved by the President. Sec. 7. In developing its annual plan, each executive department and agen- cy identified by the Secretary shall emphasize programs and activities that develop the capacity of historically black colleges and universities to con- tribute to the development of human capital and to strengthen America's economic and technological base through: (1) infrastructure development and acquisitions for instruction and research; (2) student and faculty doc- toral fellowships and faculty development; (3) domestic and international faculty and student exchanges and study-abroad opportunities; (4) under- graduate and graduate student internships; and (5) summer, part-time, and permanent employment opportunities. Sec. 8. Each year, the Board shall report to the President on the progress achieved in enhancing the capacity of historically black colleges and uni- versities to serve their students, including findings and recommendations for individual departments and agencies in connection with their Annual Performance Reports, as described in section 6 of this order. 201

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 EO 13257 Title 3--The President Sec. \365. The Board, in consultation with the Department of Education and other executive departments and agencies, shall develop a Private Sector Strategy to assist historically black colleges and universities in: (1) increas- ing voluntary private-sector contributions to support the enhancement of endowments and the overall financial stability of such institutions; (2) im- proving and enhancing the quality and number of private-sector partner- ships focused on academic program development, student achievement and faculty development, cooperative research and development projects, and faculty exchanges; and (3) improving information management, and facili- ties, and strengthening academic course offerings. Sec. 10. (a) The provisions in this Executive Order shall be implemented to the fullest extent permitted by law. (b) The Department of Education shall provide funding and administra- tive support for the Board and the Initiative. (c) Members of the Board shall serve without compensation, but shall be reimbursed for all travel expenses, including per diem in lieu of subsist- ence, as authorized by law; (d) Insofar as the Federal Advisory Committee Act, as amended, may apply to the Board, any functions of the President under that Act, except for those in section 6 of that Act, shall be performed by the Department of Education, in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 11. Executive Order 12876 of November \177, \177993, as amended, is here- by revoked. GEORGE W. BUSH THE WHITE HOUSE, February 12, 2002. Executive Order 13257 of February 13, 2002 President's Interagency Task Force To Monitor and Combat Trafficking in Persons By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trafficking Victims Protec- tion Act of 2000, (22 U.S.C. 7\17703) (the "Act"), and in order to combat traf- ficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective pun- ishment of traffickers, and to protect their victims, it is hereby ordered as follows: Section 1. (a) The President's Interagency Task Force to Monitor and Com- bat Trafficking in Persons is hereby established. (b) The Task Force shall consist off (i) the Secretary of State; (ii) the Attorney General; (iii) the Secretary of Labor; 2O2

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 Executive Orders EO 13257 (iv) the Secretary of Health and Human Services; (v) the Director of Central Intelligence; (vi) the Director of the Office of Management and Budget; (vii) the Administrator of the United States Agency for International Development; and (viii) any additional officers or employees of the United States as may be designated by the President. (c) The Task Force shall be chaired by the Secretary of State. Sec. 2. Activities. The Task Force shall, consistent with applicable law and the constitutional authorities and duties of the President, carry out the fol- lowing activities: (a) coordinate the implementation of the Act; (b) measure and evaluate progress of the United States and other coun- tries in the areas of trafficking in persons prevention, protection, and assist- ance to victims of trafficking in persons, and prosecutions and other en- forcement efforts against traffickers, including the role of public corruption in facilitating trafficking in persons; (c) assist the Secretary of State in the preparation of the annual reports described in section ll0 of the Act; (d) expand interagency procedures to collect and organize data, includ- ing significant research and resource information on domestic and inter- national trafficking in persons, while ensuring that any data collection pro- cedures involved, respect the confidentiality of victims of trafficking in per- sons; (e) engage in efforts to facilitate cooperation among countries of origin, transit, and destination, and such efforts shall aim to strengthen local and regional capacities to prevent trafficking in persons, prosecute traffickers and assist trafficking victims; shall include initiatives to enhance coopera- tive efforts between destination countries, transit countries, and countries of origin; and shall assist in the appropriate reintegration of stateless vic- tims of trafficking in persons; (f) examine the role of the international "sex tourism" industry in the trafficking of persons and in the sexual exploitation of women and children around the world; (g) engage in consultation and advocacy with governmental and non- governmental organizations, among other entities, to advance the purposes of the Act; and (h) address such other matters related to the purposes of the Act as the President may determine. Sec. a. Administration. (a) The Department of State shall provide funding and administrative support for the Task Force, except as otherwise pro- vided by the Act. (b) At the call of the Chair, the Task Force shall meet as necessary to accomplish its mission. (c) Task Force members may designate representatives from their respec- tive agencies to represent them at Task Force meetings. 203

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 EO 13258 Title 3--The President (d) Whenever the work of the Task Force involves a matter committed by law or Presidential directive to the consideration of the National Secu- rity Council, or by Executive Order 13228 of October 8, 200% to the consid- eration of the Homeland Security Council, that work shall be undertaken, and any communication by the Secretary of State to the President shall be undertaken, in a manner consistent with such law, Presidential directive, or Executive Order. (e) The Task Force shall have no directive authority or other substantial independent authority. (f) As necessary and appropriate, the Task Force shall report to the Presi- dent, through the Secretary of State, the following: (i) progress on the implementation of the Act; and (ii) recommendations for United States policy to monitor and eliminate trafficking in persons and to protect the victims of trafficking in persons. Sec. 4. Judicial tieview. This order does not create any rights or benefits, enforceable at law or equity, against the United States, its departments, its agencies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, Februu\177y 13, 2002. Executive Order 13258 of February 26, 2002 Amending Executive Order 12866 on Regulatory Planning and Review By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that Executive Order 12866, of September 30, 1993, is amended as follows: Section 1. Section (2)(b) is amended by striking ", the Vice President, and other regulatory policy advisors" and inserting in lieu thereof "and regu- latory policy advisors". Sec. 2. Section (2)(c) is amended by: (a) striking in the heading the words "The Vice President" and inserting in lieu thereof "Assistance"; (b) striking the sentence that begins "The Vice President is"; (c) striking "In fulfilling their responsibilities" and inserting in lieu thereof "In fulfilling his responsibilities"; and (d) striking "and the Vice President" both times it appears. Sec. 3. Section 3(a) is amended by: (a) striking "and Vice President"; (b) striking "the Assistant to the President for Science and Technology" and inserting in lieu thereof "the Director of the Office of Science and Technology Policy"; 204

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 Executive Orders EO 13258 (c) striking "the Assistant to the President for Intergovernmental Affairs" and inserting in lieu thereof "the Deputy Assistant to the President and Di- rector for Intergovernmental Affairs"; (d) striking "the Deputy Assistant to the President and Director of the White House Office of Environmental Policy" and inserting in lieu thereof "the Chairman of the Council on Environmental Quality and Director of the Office of Environmental Quality"; and (e) striking "and (12)" and inserting in lieu thereof "(12) the Assistant to the President for Homeland Security; and (\1773)". Sec. 4. Section 4(a) is amended by striking "the Vice President shall con- vene" and inserting in lieu thereof "the Director shall convene". Sec. 5. Section 4(c)(3) is amended by striking ", the Advisors, and the Vice President" and inserting in lieu thereof "and the Advisors". Sec. 6. Section 4(c)(4) is amended by striking ", the Advisors, and the Vice President" and inserting in lieu thereof "and the Advisors". Sec. 7. Section 4(c)(5) is amended by striking ", the Advisors, and the Vice President" and inserting in lieu thereof "and the Advisors". Sec. 8. Section 4(c)(6) is amended by striking "Vice President, with the Ad- visors' assistance," and inserting in lieu thereof "Director". Sec. 9. Section 4(d) is amended by: (a) striking ", the Advisors, and the Vice President" and inserting in lieu thereof "and the Advisors"; and (b) striking "periodically advise the Vice President" and inserting in lieu thereof "periodically advise the Director". Sec. 10. Section 5(c) is amended by striking "Vice President" and inserting in lieu thereof "Director". Sec. 11. Section 6(b)(4)(C)(i) is amended by striking "Vice Presidential and". Sec. 12. Section 7 is amended by: (a) striking "resolved by the President, or by the Vice President acting at the request of the President" and inserting in lieu thereof "resolved by the President, with the assistance of the Chief of Staff to the President ("Chief of Staff")"; (b) striking "Vice Presidential and Presidential consideration" and insert- ing in lieu thereof "Presidential consideration"; (c) striking "recommendations developed by the Vice President" and in- serting in lieu thereof "recommendations developed by the Chief of Staff"; (d) striking "Vice Presidential and Presidential review period" and in- serting in lieu thereof "Presidential review period"; (e) striking "or to the staff of the Vice President" and inserting in lieu thereof "or to the staff of the Chief of Staff"; (f) striking "the President, or the Vice President acting at the request of the President, shall notify" and insert in lieu thereof "the President, or the Chief of Staff acting at the request of the President, shall notify". 205

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 EO 13259 Title 3--The President Sec. 13. Section 7 is also amended in the first paragraph by inserting the designation "(a)" after the words "Resolution of Conflicts.", and by desig- nating the following three paragraphs as "(b)", "(c)", and "(d)" in order. Sec. 14. Section 8 is amended by striking "Vice President" both times it appears and inserting in lieu thereof "Director". GEORGE W. BUSH THE WHITE HOUSE, February 26, 2002. Executive Order 13259 of March 19, 2002 Designation of Public International Organizations for Purposes of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 30A(f)(1)(B)(ii) of the Se- curities Exchange Act of 1934 (15 U.S.C. 78dd-l(f)(1)(B)(ii)) and sections 104(h)(2)(B)(ii) and 104A(f)(2)(B)(ii) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2(h)(2)(B)(ii), 78dd-3(f)(2)(B)(ii)), I hereby designate as "public international organizations" for the purposes of application of section 30A of the Securities Exchange Act of 1934 and sections 104 and 104A of the Foreign Corrupt Practices Act of 1977: (a) The European Union, including: the European Communities (the Eu- ropean Community, the European Coal & Steel Community, and the Euro- pean Atomic Energy Community); institutions of the European Union, such as the European Commission, the Council of the European Union, the Euro- pean Parliament, the European Court of }ustice, the European Court of Auditors, the Economic and Social Committee, the Committee of the Re- gions, the European Central Bank, and the European Investment Bank; and any departments, agencies, and instrumentalities thereof; and (b) The European Police Office (Europol), including any departments, agencies, and instrumentalities thereof. Designation in this Executive Order is intended solely to further the pur- poses of the statutes mentioned above and is not determinative of whether an entity is a public international organization for the purpose of other stat- utes or regulations. GEORGE W. BUSH THE WHITE HOUSE, March 19, 2002. 2O6

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 Executive Orders EO 13260 Executive Order 13260 of March 19, 2002 Establishing the President's Home]and Security Advisory Council and Senior Advisory Committees for Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. President's Homeland Security Advismy Council. (a) Estublishment und Membership. I hereby estab]ish the President's Homeland Security Advisory Council (PHSAC). The PHSAC shall be com- posed of not more than 21 members appointed by the President. In addi- tion, the Chair and the Vice Chair of the National Infrastructure Advisory Council; the Chairman of the President's National Security Telecommuni- cations Advisory Committee; and the Chair of the Panel on the Science and Technology of Combating Terrorism, President's Council of Advisors on Science and Technology, shall serve as ex officio members of the PHSAC. The appointed members of the PHSAC shall be selected from the private sector, academia, professional service associations, federally funded re- search and development centers, nongovernmental organizations, State and local governments, and other appropriate professions and communities. (b) Chair and Vice Chair. The President shall designate a Chair and Vice Chair from among the appointed members of the PHSAC. (c) Senior Advismy Committees. (i) Establishment and Membership. The following four Senior Advisory Committees for Homeland Security (SACs) are hereby established to advise the PHSAC: (1) State and Local Officials; (2) Academia and Policy Research; (3) Private Sector; and (4) Emergency Services, Law Enforcement, and Public Health and Hospitals. Each SAC shall generally be composed of not more than \1777 members selected by the Assistant to the President for Homeland Security (Assistant). The President may establish additional SACs as appropriate, consistent with this order. (ii) Chairs and Vice Chairs. The Assistant shall from time to time des- ignate a Chair and Vice Chair for each of the SACs from among the PHSAC's members. (iii) Subcommittees. The Chair of each SAC, in consultation with the PHSAC, may as appropriate establish subcommittees to advise the SAC. Sec. 2. Functions. The PHSAC shall meet periodically at the Assistant's re- quest to: (a) provide advice to the President through the Assistant on developing and coordinating the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks; (b) recommend to the President through the Assistant ways to improve coordination, cooperation, and communication among Federal, State, and local officials and private and other entities, and provide a means to collect scholarly research, technological advice, and information concerning proc- esses and organizational management practices both inside and outside of the Federal Government; (c) provide advice to the President through the Assistant regarding the feasibility of implementing specific measures to detect, prepare for, pre- 207

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 EO 13261 Title 3--The President vent, protect against, respond to, and recover from terrorist threats or at- tacks within the United States; (d) examine, and advise the President through the Assistant on, the effec- tiveness of the implementation of specific strategies to detect, prepare for, prevent, protect against, respond to, and recover from terrorist threats or at- tacks within the United States; and (e) report periodically, as appropriate, to the President through the As- sistant on matters within the scope of the PHSAC's functions as described in paragraphs (a) through (d) of this section. Sec. 3. Administration. (a) Upon the request of the Chair of the PHSAC, through the Assistant, and to the extent permitted by law, the heads of ex- ecutive departments and agencies shall provide the PHSAC with such in- formation relating to homeland security matters as the PHSAC may need for the purpose of carrying out its functions. (b) The PHSAC shall have an Executive Director selected by the Assist- ant. (c) Members shall serve without compensation for their work on the PHSAC, the SACs, and any subcommittees thereof. However, members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal Govern- ment service (5 U.S.C. 5701-5707). (d) To the extent permitted by law, and subject to the availability of ap- propriations, the Office of Administration shall provide the PHSAC with administrative support and with such funds as may be necessary for the performance of the PHSAC's functions. Sec. 4. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the administration of any portion of this order, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Admin- istrator of General Services in accordance with the guidelines that have been issued by the Administrator. (b) The PHSAC, any SACs, and any SAC subcommittees shall terminate 2 years from the date of this order unless extended by the President. GEORGE W. BUSH THE WHITE HOUSE, March 19, 2002. Executive Order 13261 of March 19, 2002 Providing An Order of Succession in the Environmental Protection Agency and Amending Certain Orders on Succession By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that: 208

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 Executive Orders EO 13261 Section 1. Subject to the provisions of section 3 of this order, the officers named in section 2, in the order listed, shall act as and perform the func- tions and duties of the office of the Administrator of the Environmental Protection Agency (Administrator) during any period when both the Ad- ministrator and the Deputy Administrator of the Environmental Protection Agency have died, resigned, or become otherwise unable to perform the functions and duties of the office of Administrator. Sec. 2. Order of Succession. (a) Assistant Administrator for Toxic Substances; (b) Assistant Administrator (Air and Radiation); (c) Assistant Administrator, Office of Solid Waste; (d) Assistant Administrator (Water Programs); (e) Assistant Administrator (General Counsel); (f) Assistant Administrator (Enforcement and Compliance Assurance); (g) Chief Financial Officer; (h) Assistant Administrator (Research and Development); (i) Assistant Administrator (International Activities); (j) Assistant Administrator (Administration and Resources Management); and (k) Assistant Administrator (Environmental Information). Sec. 3. Exceptions. (a) No individual who is serving in an office listed in section 2(a)-(k) in an acting capacity, by virtue of so serving, shall act as Administrator pursuant to this order. (b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an act- ing Administrator. Sec. 4. Amendments to Certain Executive Orders providing Orders of Suc- cession. Executive Orders 1324\177, \1773242, \1773243, \1773244, 13245, \1773246, and \1773247 of December \1778, 200% and Executive Orders 13250 and \177325\177 of De- cember 28, 200% are hereby amended as follows: (a) Section 3(a) of Executive Order \1773241 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Agriculture," is replaced with the following: "(a) No individual who is serving in an of- fice listed in section 2(a)-(j) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (b) Section 3(a) of Executive Order \1773242 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Commerce," is replaced with the following: "(a) No individual who is serving in an of- fice listed in section 2(a)-(h) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (c) Section 3(a) of Executive Order \1773243 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Housing and Urban Development," is replaced with the following: "(a) No individual 209

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 EO 13262 Title 3--The President who is serving in an office listed in section 2(a)-(i) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (d) Section 3(a) of Executive Order 13244 of December 18, 200% entitled "Providing an Order of Succession Within the Department of the Interior," is replaced with the following: "(a) No individual who is serving in an of- fice listed in section 2(a)-(f) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (e) Section 3(a) of Executive Order \1773245 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Labor," is re- placed with the following: "(a) No individual who is serving in an office listed in section 2(a)-(1) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (f) Section 3(a) of Executive Order 13246 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of the Treas- ury," is replaced with the following: "(a) No individual who is serving in an office listed in section 2(a)-(c) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (g) Section 3(a) of Executive Order \1773247 of December \1778, 200% entitled "Providing an Order of Succession Within the Department of Veterans Af- fairs," is replaced with the following: "(a) No individual who is serving in an office listed in section 2(a)-(h) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order."; (h) Section 3(a) of Executive Order \1773250 of December 28, 200% entitled "Providing an Order of Succession Within the Department of Health and Human Services," is replaced with the following: "(a) No individual who is serving in an office listed in section 2(a)-(c) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order." and; (i) Section 3(b) of Executive Order \177325\177 of December 28, 200% entitled "Providing an Order of Succession Within the Department of State," is re- placed with the following: "(b) No individual who is serving in an office listed in section 2(a)-(m) in an acting capacity shall, by virtue of so serv- ing, act as Secretary pursuant to this order.". GEORGE W. BUSH THE WHITE HOUSE, March 19, 2002. Executive Order 13262 of April 11, 2002 2002 Amendments to the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title \1770, United States Code (Uniform Code of Military lustice, \1770 U.S.C. 80\177-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order \1772473, as amended, it is hereby or- dered as follows: 210

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 Executive Orders EO 13262 Section 1. Thirty days after the date of this Executive Order, the provisions of Federal Rule of Evidence 415, adopted September 13, \177994, will no longer be applicable to the Military Rules of Evidence. This evidentiary rule became applicable to courts-martial on January 6, 1996, pursuant to Military Rule of Evidence \17702. Sec. 2. The last subparagraph of paragraph 4, of Part I, of the Manual for Courts-Martial, United States, is amended as follows: "The Manual shall be identified as "Manual for Courts-Martial, United States (2002 edition)." Any amendments to the Manual made by Executive Order shall be identified as "2002" Amendments to the Manual for Courts- Martial, United States" ; "2002" being the year the Executive Order was signed. If two or more Executive Orders amending the Manual are signed during the same year, then the second and any subsequent Executive Or- ders will be identified by placing a small case letter of the alphabet after the last digit of the year beginning with "a" for the second Executive Order and continuing in alphabetic order for subsequent Executive Orders.". Sec. 3. Part II of the Manual for Courts-Martial, United States, is amended as follows: a. R.C.M. 201(f)(2)(t\177) is amended to read as follows: "(i) Upon a finding of guilty, special courts-martial may adiudge, under limitations prescribed by this Manual, any punishment authorized under R.C.M. \177003 except death, dishonorable discharge, dismissal, con- finement for more than \177 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. "(ii) A bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adiudged by a special court-martial unless: "(a) Counsel qualified under Article 27(b) is detailed to represent the accused; and "(b) A military iudge is detailed to the trial, except in a case in which a military iudge could not be detailed because of physical con- ditions or military exigencies. Physical conditions or military exigen- cies, as the terms are here used, may exist under rare circumstances, such as on an isolated ship on the high seas or in a unit in an inacces- sible area, provided compelling reasons exist why the trial must be held at that time and at that place. Mere inconvenience does not con- stitute a physical condition or military exigency and does not excuse a failure to detail a military iudge. If a military iudge cannot be de- tailed because of physical conditions or military exigencies, a bad-con- duct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may be adiudged provided the other conditions have been met. In that event, however, the convening au- thority shall, prior to trial, make a written statement explaining why a military iudge could not be obtained. This statement shall be ap- pended to the record of trial and shall set forth in detail the reasons why a military iudge could not be detailed, and why the trial had to be held at that time and place." b. R.C.M. 70\177(b)(4) is amended to read as follows: 2JJ

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 EO 13262 Title 3--The President "(4) Reports of examination and tests. If the defense requests disclo- sure under subsection (a)(2)(B) of this rule, upon compliance with such request by the Government, the defense, on request of trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513) permit the trial counsel to inspect any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, that are within the possession, custody, or control of the defense that the defense intends to introduce as evidence in the defense case-in-chief at trial or that were prepared by a witness whom the defense intends to call at trial when the results or reports relate to that witness' testimony." c. R.C.M. 806 is amended by adding at the end the following new sub- section (d): "(d) Protective orders. The military judge may, upon request of any party or sua sponte, issue an appropriate protective order, in writing, to prevent parties and witnesses from making extrajudicial statements that present a substantial likelihood of material prejudice to a fair trial by im- partial members. For purposes of this subsection, "military judge" does not include the president of a special court-martial without a military judge.". d. R.C.M. 1001(b)(3)(A) is amended to read as follows: "(A) In general. The trial counsel may introduce evidence of military or civilian convictions of the accused. For purposes of this rule, there is a "conviction" in a court-martial case when a sentence has been ad- judged. In a civilian case, a "conviction" includes any disposition fol- lowing an initial judicial determination or assumption of guilt, such as when guilt has been established by guilty plea, trial, or plea of nolo contendere, regardless of the subsequent disposition, sentencing proce- dure, or final iudgment. However, a "civilian conviction" does not in- clude a diversion from the iudicial process without a finding or admis- sion of guilt; expunged convictions; iuvenile adiudications; minor traffic violations; foreign convictions; tribal court convictions; or convictions reversed, vacated, invalidated or pardoned because of errors of law or be- cause of subsequently discovered evidence exonerating the accused.". e. R.C.M. \177003(b)(3) is amended to read as follows: "(3) Fine. Any court-martial may adiudge a fine in lieu of or in addi- tion to forfeitures. Special and summary courts-martial may not adiudge any fine or combination of fine and forfeitures in excess of the total amount of forfeitures that may be adiudged in that case. In order to en- force collection, a fine may be accompanied by a provision in the sen- tence that, in the event the fine is not paid, the person fined shall, in addition to any period of confinement adiudged, be further confined until a fixed period considered an equivalent punishment to the fine has expired. The total period of confinement so adiudged shall not exceed the iurisdictional limitations of the court- martial;" f. R.C.M. \177003(b)(7) is amended to read as follows: "(7) Confinement. The place of confinement shall not be designated by the court-martial. When confinement for life is authorized, it may be with or without eligibility for parole. A court-martial shall not adiudge a sentence to solitary confinement or to confinement without hard labor;". 212

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 Executive Orders EO 13262 g. R.C.M. 1004(e) is amended to read as follows: "(e) Other penalties. Except for a violation of Article 106, when death is an authorized punishment for an offense, all other punishments au- thorized under R.C.M. 1003 are also authorized for that offense, includ- ing confinement for life, with or without eligibility for parole, and may be adjudged in lieu of the death penalty, subject to limitations specifi- cally prescribed in this Manual. A sentence of death includes a dishonor- able discharge or dismissal as appropriate. Confinement is a necessary incident of a sentence of death, but not a part of it." h. R.C.M. 1006(d)(4)(B) is amended to read as follows: "(B) Confinement for life, with or without eligibility for parole, or more than \1770 years. A sentence that includes confinement for life, with or without eligibility for parole, or more than \1770 years may be adjudged only if at least three-fourths of the members present vote for that sen- tence." i. R.C.M. 1009(e)(3)(B)(ii) is amended to read as follows: "(ii) In the case of a sentence which includes confinement for life, with or without eligibility for parole, or more than 10 years, more than one-fourth of the members vote to reconsider; or". j. R.C.M. 1103(b)(2)(B)(i) is amended to read as follows: "(i) Any part of the sentence adjudged exceeds six months confine- ment, forfeiture of pay greater than two-thirds pay per month, or any for- feiture of pay for more than six months or other punishments that may be adjudged by a special court-martial; or". k. R.C.M. 1103(c) is amended to read as follows: "(c) Special courts-martial. "(1) Involving a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months. The require- ments of subsections (b)(1), (b)(2)(A), (b)(2)(B), (b)(2)(D), and (b)(3) of this rule shall apply in a special court-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged. "(2) All other special courts-martial. If the special court-martial re- sulted in findings of guilty but a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged, the requirements of subsections (b)(1), (b)(2)(D), and (b)(3)(A)-(F) and (I)-(M) of this rule shall apply.". 1. R.C.M. 1103(f)(1) is amended to read as follows: "(1) Approve only so much of the sentence that could be adjudged by a special court-martial, except that a bad-conduct discharge, confine- ment for more than six months, or forfeiture of two-thirds pay per month for more than six months, may not be approved; or". m. R.C.M. 1104(a)(2)(A) is amended to read as follows: "(A) Authentication by the military judge. In special courts-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged and in general courts-martial, except as provided in subsection (a)(2)(B) of this rule, the military judge present at the end of the proceedings shall au- thenticate the record of trial, or that portion over which the military 213

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 EO 13262 Title 3--The President judge presided. If more than one military judge presided over the pro- ceedings, each military judge shall authenticate the record of the pro- ceedings over which that military judge presided, except as provided in subsection (a)(2)(B) of this rule. The record of trial of special courts-mar- tial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged shall be authenticated in accordance with regulations of the Secretary concerned." n. R.C.M. 1104(e) is amended to read as follows: "(e) Forwarding. After every court-martial, including a reheating and new and other trials, the authenticated record shall be forwarded to the convening authority for initial review and action, provided that in case of a special court-martial in which a bad-conduct discharge or confine- ment for one year was adjudged or a general court-martial, the convening authority shall refer the record to the staff judge advocate or legal officer for recommendation under R.C.M. 1106 before the convening authority takes action.". o. R.C.M. 1106(a) is amended to read as follows: "(a) In general. Before the convening authority takes action under R.C.M. 1107 on a record of trial by general court-martial or a record of trial by special court-martial that includes a sentence to a bad-conduct discharge or confinement for one year, that convening authority's staff judge advocate or legal officer shall, except as provided in subsection (c) of this rule, forward to the convening authority a recommendation under this rule.". p. R.C.M. 1107(d)(4) is amended to read as follows: "(4) Limitations on sentence based on record of trial. If the record of trial does not meet the requirements of R.C.M. 1103(b)(2)(B) or (c)(1), the convening authority may not approve a sentence in excess of that which may be adjudged by a special court-martial, or one that includes a bad- conduct discharge, confinement for more than six months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than six months.". q. R.C.M. 1107(d) is amended by adding at the end the following new paragraph: "(5) Limitations on sentence of a special court-martial where a fine has been adjudged. A convening authority may not approve in its en- tirety a sentence adjudged at a special court-martial when, if approved, the cumulative impact of the fine and forfeitures, whether adjudged or by operation of Article 58b, would exceed the jurisdictional maximum dollar amount of forfeitures that may be adjudged at that court-martial.". r. R.C.M. 1109(e) and (e)(1) are amended to read as follows: "(e) Vacation of a suspended special court-martial sentence wherein a bad-conduct discharge or confinement for one year was not adjudged. "(1) In general. Before vacating the suspension of a special court- martial punishment that does not include a bad-conduct discharge or confinement for one year, the special court-martial convening author- ity for the command in which the probationer is serving or assigned shall cause a hearing to be held on the alleged violation(s) of the con- ditions of suspension.". 214

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 Executive Orders EO 13262 s. R.C.M. 1109(f) and (f)(1) are amended to read as follows: "(f) Vacation of a suspended special court-martial sentence that in- cludes a bad-conduct discharge or confinement for one year. "(1) The procedure for the vacation of a suspended approved bad- conduct discharge or of any suspended portion of an approved sen- tence to confinement for one year, shall follow that set forth in sub- section (d) of this rule.". t. R.C.M. lll0(a) is amended to read as follows: "(a) In general. After any general court-martial, except one in which the approved sentence includes death, and after any special court-martial in which the approved sentence includes a bad-conduct discharge or confinement for one year, the accused may waive or withdraw appellate review.". u. R.C.M. llll(b) is amended to read as follows: "(\177) Cases including an approved bad-conduct discharge or confine- ment for one year. If the approved sentence of a special court-martial in- cludes a bad-conduct discharge or confinement for one year, the record shall be disposed of as provided in subsection (a) of this rule. "(2) Other cases. The record of trial by a special court-martial in which the approved sentence does not include a bad-conduct discharge or confinement for one year shall be forwarded directly to a judge advo- cate for review under R.C.M. \17712. Four copies of the order promulgating the result of trial shall be forwarded with the record of trial, unless oth- erwise prescribed by regulations of the Secretary concerned.". v. R.C.M. \1772(a)(2) is amended to read as follows: "(2) Each special court-martial in which the accused has waived or withdrawn appellate review under R.C.M. lll0 or in which the ap- proved sentence does not include a bad-conduct discharge or confine- ment for one year; and". w. R.C.M \177305(d)(2) is amended to read as follows: "(2) Forwarding to the convening authority. The original and one copy of the record of trial shall be forwarded to the convening authority after compliance with subsection (d)(l) of this rule.". Sec. 4. Part III of the Manual for Courts-Martial, United States, is amended in Mil. R. Evid. 6\1775 by striking the period at the end of the rule and adding ", or (4) a person authorized by statute to be present at courts-martial, or (5) any victim of an offense from the trial of an accused for that offense because such victim may testify or present any information in relation to the sentence or that offense during the presentencing proceedings.". Sec. 5. Part IV of the Manual for Courts-Martial, United States, is amended as follows: a. All "Sample specification(s)" subparagraphs in the Punitive Articles (Part IV, M.C.M.) are amended by striking" 19 "and in- serting" 20 .". b. Paragraph 27e(l)(a) is amended to read as follows: "(a) of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.". c. Paragraph 27e(l)(b) is amended to read as follows: 215

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 EO 13262 Title 3--The President "(b) of a value of more than $500.00 or any firearm or explosive. Dis- honorable discharge, forfeiture of all pay and allowances, and confine- ment for 5 years.". d. Paragraph 27f(3) is amended to read as follows: "(3) Dealing in captured or abandoned property. In that (personal jurisdiction data), did, (at/on board - location), on or about 20, (buy) (sell) (trade) (deal in) (dispose of) certain (captured) (abandoned) property, to wit: , (a firearm) (an explosive), of a value of (about) $ , thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/ herself) ( , his/her accomplice) ( , his/her brother) e. Strike paragraph 31c(6). f. Paragraph 43e(1), is amended to read as follows: "(\177) Article \1778(\177) or (4)--death. Mandatory minimum--imprisonment for life with eligibility for parole.". g. Paragraph 45e(3) is amended to read as follows: "(3) Carnal knowledge with a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and al- lowances, and confinement for life without eligibility for parole.". h. Paragraph 46c(\177)(h) is amended by adding at the end the following new clause: "(vi) Credit, Debit, and Electronic Transactions. Wrongfully engaging in a credit, debit, or electronic transaction to obtain goods or money is an obtaining- type larceny by false pretense. Such use to obtain goods is usually a larceny of those goods from the merchant offering them. Such use to obtain money or a negotiable instrument (e.g., withdrawing cash from an automated teller or a cash advance from a bank) is usually a larceny of money from the entity presenting the money or a negotiable instrument. For the purpose of this section, the term 'credit, debit, or electronic transaction' includes the use of an instrument or device, whether known as a credit card, debit card, automated teller machine (ATM) card or by any other name, including access devices such as code, account number, electronic serial number or personal identification number, issued for the use in obtaining money, goods, or anything else of value.". i. Paragraph 51e(l) is amended to read as follows: "(\177) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.". j. Paragraph 51e(3) is amended to read as follows: "(3) With a child under the age of \1772 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and con- finement for life without eligibility for parole." k. Paragraph 62c is amended to read as follows: "c. Explanation. "(\177) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member. 216

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 Executive Orders EO 13262 "(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting. Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, be- cause of its open or notorious nature, to bring the sea'vice into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be sea'vice discrediting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Com- manders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces: "(a) The accused's marital status, military rank, grade, or position; "(b) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces; "(c) The military status of the accused's spouse or the spouse of co- actor, or their relationship to the armed forces; "(d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces; "(e) The misuse, if any, of government time and resources to facili- tate the commission of the conduct; "(f) Whether the conduct persisted despite counseling or orders to desist; the flagfancy of the conduct, such as whether any notoriety en- sued; and whether the adulterous act was accompanied by other viola- tions of the UCMJ; "(g) The negative impact of the conduct on the units or organiza- tions of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency; "(h) Whether the accused or co-actor was legally separated; and "(i) Whether the adulterous misconduct involves an ongoing or re- cent relationship or is remote in time. "(3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction. "(4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co- actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was un- reasonable or not honest.".

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 EO 13262 Title 3--The President l. Paragraph 92e is amended to read as follows: "e. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for pa- role.". m. Paragraphs 32e, 33e, 46c(1)(g)(iii), 46e, 49e, 52e, 58e, 78e and 106e are amended by striking "$100.00" each place it appears and inserting "$\177oo.oo". Sec. 6. These amendments shall take effect on May 15, 2002. a. The amendments made to Rules for Courts-Martial 806(d) and 100\177(b)(3)(A) shall only apply in cases in which arraignment has been com- pleted on or after May \1775, 2002. b. The amendments made to Rules for Courts- Martial \177003(b)(7), \177004(e), 1006(d)(4)(B), and \177009(e)(3)(B)(ii) shall only apply to offenses committed after November \1778, \177997. In cases not involving these amend- ments, the maximum punishment for an offense committed prior to May \1775, 2002, shall not exceed the applicable maximum in effect at the time of the commission of such offense. Provided further, that for offenses com- mitted prior to May 15, 2002, for which a sentence is adiudged on or after May \1775, 2002, if the maximum punishment authorized in this Manual is less than that previously authorized, the lesser maximum authorized pun- ishment shall apply. c. The amendment made to Military Rules of Evidence 6\1775 shall apply only in cases in which arraignment has been completed on or after May \1775, 2002. d. Nothing in these amendments shall be construed to make punishable any act done or omitted prior to May \1775, 2002, that was not punishable when done or omitted. e. Nothing in these amendments shall be construed to invalidate any noniudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to May 15, 2002, and any such nonjudicial punishment, restraint, investiga- tion, referral of charges, trial, or other action may proceed in the same man- ner and with the same effect as if these amendments had not been pre- scribed. GEORGE W. BUSH THE WHITE HOUSE, April 11, 2002. CHANGES TO THE DISCUSSION ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL, UNITED STATES a. The Discussion following the Preamble is amended by adding the fol- lowing at the end of the Discussion: "The amendment to paragraph 4 of the Preamble is intended to address the possibility of more frequent amendments to the Manual and the arrival of the 21st century. In the event that multiple editions of the Manual are published in the same year, the numbering and lettering of the edition 218

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 Executive Orders EO 13262 should match that of the most recent Executive Order included in the pub- lication." b. The seventh paragraph of the Discussion following R.C.M. 601(e)(1) is amended to read as follows: "The convening authority should acknowledge by an instruction that a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adjudged when the pre- requisites under Article 19 will not be met. See R.C.M. 201(f)(2)(B)(ii). For example, this instruction should be given when a court reporter is not de- tailed.". c. The Discussion following R.C.M. 701(a)(2)(B) is amended to read as fol- lows: "For specific rules concerning certain mental examinations of the ac- cused or third party patients, see R.C.M. 701(0, R.C.M. 706, Mi]. R. Evid. 302, and Mi]. R. Evid. 513." d. The ninth paragraph of the Discussion following R.C.M. 806(b) is amend- ed to read as follows: "There are other methods of protecting the proceedings from harmful ef- fects of publicity, including a thorough voit dire (see R.C.M. 912), and, if necessary, a continuance to allow the harmful effects of publicity to dis- sipate. See R.C.M. 906(b)(1). Other methods that may occasionally be ap- propriate and which are usually preferable to closing a session include: di- recting members not to read, listen to, or watch any accounts concerning the case; issuing a protective order under R.C.M. 806(d); and selecting members from recent arrivals in the command, or from outside the imme- diate area. See R.C.M. 503(a)(3). In more extreme cases, the place of trim may be changed (see R.C.M. 906(b)(11), or members may be sequestered. e. The following Discussion is added after R.C.M. 806(d): "A protective order may proscribe extrajudicial statements by counsel parties, and witnesses that might divulge prejudicial matter not of public record in the case. Other appropriate matters may also be addressed by such a protective order. Before issuing a protective order, the military judge must consider whether other available remedies would effectively mitigate the adverse effects that any publicity might create, and consider such an order's likely effectiveness in ensuring an impartial court-martial pane]. A military judge should not issue a protective order without first providing notice to the parties and an opportunity to be heard. The military judge must state on the record the reasons for issuing the protective order. If the reasons for issuing the order change, the military judge may reconsider the continued necessity for a protective order." f. The first paragraph of the Discussion following R.C.M. 808 is amended to read as follows: "Except in a special court-martial not authorized to adjudge a bad-con- duct discharge, confinement for more than six months, or forfeiture of pay for more than six months, the trim counsel should ensure that a qualified court reporter is detailed to the court-martiaL Trial counsel should also en- sure that a]] exhibits and other documents relating to the case are properly maintained for later inclusion in the record. See also R.C.M. 1103(j) as to the use of videotapes, audiotapes, and similar recordings for the record of trial Because of the potential requirement for a verbatim transcript, a]] pro- 219

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 EO 13262 Title 3--The President ceedings, including sidebar conferences, arguments, and rulings and in- structions by the military judge, should be recorded." g. The Discussion following R.C.M. 1001(b)(3)(A) is amended by adding the following at the end of the Discussion: "Whether a civilian conviction is admissible is left to the discretion of the military judge. As stated in the rule, a civilian "conviction" includes any disposition following an initial judicial determination or assumption of guilt regardless of the sentencing procedure and the final judgment fol- lowing probation or other sentence. Therefore, convictions may be admis- sible regardless of whether a court ultimately suspended judgment upon discharge of the accused following probation, permitted withdrawal of the guilty plea, or applies some other form of alternative sentencing. Addition- ally, the term "conviction" need not be taken to mean a final judgment of conviction and sentence." h. The sixth paragraph of the Discussion following R.C.M. 1003(b)(2) is amended to read as follows: "At a special court-martial, if a bad-conduct discharge and confinement are adjudged, then the operation of Article 5gb results in a forfeiture of two-thirds of pay only (not allowances) during that period of confinement. If only confinement is adjudged, and that confinement exceeds six months, then the operation of Article 5gb results in a forfeiture of two-thirds of pay only (not allowances) during the period of confinement. If only a bad con- duct discharge is adjudged, Article 5gb has no effect on pay.". i. The Discussion following R.C.M. \177003(b)(3) is amended by adding at the end the following paragraph: "Where the sentence adjudged at a special court-martial includes a fine, see R.C.M. \17707(d)(5) for limitations on convening authority action on the sentence." j. The Discussion following R.C.M. 1003(b)(g) is amended by adding the following at the end of the Discussion: "See Article 56a." k. The Discussion following R.C.M. 1003(c)(4) is amended by striking "R.C.M. \17707(d)(3)" and inserting "R.C.M. \17707(d)(4)." 1. The Discussion following R.C.M. 1006(c) is amended to read as follows: "A proposal should state completely each kind and, where appropriate, amount of authorized punishment proposed by that member. For example, a proposal of confinement for life would state whether it is with or without eligibility for parole. See R.C.M. 1003(b)." m. The second paragraph of the Discussion following R.C.M. l107(d)(l) is amended to read as follows: "When mitigating forfeitures, the duration and amounts of forfeiture may be changed as long as the total amount forfeited is not increased and nei- ther the amount nor duration of the forfeitures exceeds the jurisdiction of the court-martial. When mitigating confinement or hard labor without con- finement, the convening authority should use the equivalencies at R.C.M. 1003(b)(6) and (7), as appropriate. One form of punishment may be changed to a less severe punishment of a different nature, as long as the changed punishment is one that the court-martial could have adjudged. For example, a bad-conduct discharge adjudged by a special court-martial 220

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 Executive Orders EO 13262 could be changed to confinement for up to one year (but not vice versa). A pretrial agreement may also affect what punishments may be changed by the convening authority.". n. The Discussion following R.C.M. l109(f) is amended to read as follows: "An officer exercising special court-martial jurisdiction may vacate any suspended punishments other than an approved suspended bad-conduct discharge or any suspended portion of an approved sentence to confine- ment for one year, regardless of whether they are contained in the same sentence as the bad-conduct discharge or confinement for one year. See Ap- pendix 18 for a sample of a Report of Proceedings to Vacate Suspension of a Special Court-Martial Sentence including a bad-conduct discharge or confinement for one year under Article 72, UCMJ, and R.C.M. \17709 (DD Form 455).". o. The Discussion following R.C.M. lll0(a) is amended to read as follows: "Appellate review is not available for special courts-martial in which a bad-conduct discharge or confinement for one year was not adjudged or ap- proved or for summary courts-martial. Cases not subject to appellate re- view, or in which appellate review is waived or withdrawn, are reviewed by a judge advocate under R.C.M. \1772. Such cases may also be submitted to the Judge Advocate General for review. See R.C.M. \177201(b)(3). Appellate review is mandatory when the approved sentence includes death.". CHANGES TO APPENDIX 8, GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 8, is amended-- a. by amending the left margin entry to Note \17700 to read as follows: "Advice in GCMs and SPCMs in which BCD or confinement for one year is adjudged"; b. by amending Note \17700 to read as follows: "[Note \17700. In cases subject to review by a Court of Criminal Appeals, the following advice should be given. In other cases proceed to Note 101 or \17702 as appropriate.]"; c. by amending the left margin entry to Note \17702 to read as follows: "SPCM not involving a BCD or confinement for one year"; and d. by amending Note \17702 to read as follows: [Note \17702. In special courts-martial not involving BCD or confinement for one year, the following advice should be given.]". CHANGES TO THE MAXIMUM PUNISHMENT CHART OF THE MAN- UAL FOR COURTS-MARTIAL, UNITED STATES Appendix 12, the Maximum Punishment Chart, is amended-- a. by striking the item relating to Article \17703 and inserting: "\17703 Captured, abandoned property; failure to secure, etc. Of value of $500.00 or less ..... BCD 6 mos. Total Of value of more than $500.00 . DD, BCD 5 yrs. Total Any firearm or explosive ...... DD, BCD 5 yrs. Total 221

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 EO 13262 Title 3--The President Looting, pillaging ............ DD, BCD Life4 Total"; and b. in the items relating to Articles 108, 109, 121, 123a, 126, 132, and 134 (False Pretenses, obtaining services under; and Stolen Property, knowingly receiving, buying, concealing), by striking "100.00" each place it appears and inserting "$500.00". CHANGES TO THE GUIDE FOR PREPARATION OF RECORD OF TRIAL WHEN A VERBATIM RECORD IS NOT REQUIRED, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 13 is amended-- a. in the third subparagraph of paragraph a, by replacing "l-inch margin" with "one-inch margin" and replacing "left hand" with "left-hand". CHANGES TO THE GUIDE FOR PREPARATION OF RECORD OF TRIAL WHEN A VERBATIM RECORD IS REQUIRED, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 14, is amended-- a. at page A14-6, by amending the second bracketed format under the third note to read as follows: "[The (court-martial) (session) was (adjourned) (recessed) at hours, .]". CHANGES TO APPENDIX 17, FORMS FOR COURT-MARTIAL OR- DERS, MANUAL FOR COURTS-MARTIAL, UNITED STATES The first note to paragraph d of Appendix 17 is amended to read as fol- lows: "[Note. Orders promulgating the vacation of the suspension of a dis- missal will be published by departmental orders of the Secretary con- cerned. Vacations of any other suspension of a genera] court-martial sen- tence, or of a special court-martial sentence that as approved and affirmed includes a bad-conduct discharge or confinement for one year, will be pro- mu]gated by the officer exercising genera] court-martial jurisdiction over the probationer (Article 72(b)). The vacation of suspension of any other sentence may be promulgated by an appropriate convening authority under Article 72(c). See R.C.M. 1109.]" CHANGES TO APPENDIX 18, REPORT OF PROCEEDINGS TO VACATE SUSPENSION OF A GENERAL COURT-MARTIAL OR OF A SPECIAL COURT-MARTIAL SENTENCE INCLUDING A BAD-CONDUCT DIS- CHARGE UNDER ARTICLE 72, UCMJ, AND R.C.M. 110\365 {DD FORM 455}, MANUAL FOR COURTS-MARTIAL, UNITED STATES The title to Appendix 18 is amended to read as follows: "Report of Proceedings to Vacate Suspension of a General Court-Martial or of a Special Court-Martial Sentence Including a Bad-Conduct Discharge or Confinement for One Year Under Article 72, UCMJ, and R.C.M. 110\365 {DD Form 455}.". CHANGES TO THE ANALYSIS ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL, UNITED STATES. 222

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 Executive Orders EO 13262 1. Changes to Appendix 21, the Analysis Accompanying the Rules for Courts- Martial, United States (Part II, MCM). a. The Analysis to R.C.M. 201(f) is amended by inserting after the second paragraph the following new paragraph: "2002 Amendment: Subsections (f)(2)(B)(i) and (f)(2)(B)(ii) were amended to remove previous limitations and thereby implement the amendment to \1770 U.S.C. \365 8\1779 (Article \1779, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. \17706-65, 1\1773 Star. 512 (]\365\365\365). Subject to limitations prescribed by the President, the amend- ment increased the jurisdictional maximum punishment at special courts- martial to confinement for one year and forfeitures not exceeding two- thirds pay per month for one year, vice the previous six-month jurisdic- tional limitation.". b. The Analysis to R.C.M. 701(b) is amended by inserting after the discus- sion of the 1991 Amendment to subsection (b)(2) the following new para- graph: "2002 Amendment: Subsection (b)(4) was amended to take into consider- ation the protections afforded by the new psychotherapist-patient privilege under Mil. R. Evid. 513." c. The Analysis to R.C.M. 707(a) is amended by inserting after the second paragraph the following new paragraph: "2002 Amendment: Burton and its progeny were re-examined in United States v. Kossman, 38 M.J. 258 (C.M.A. 1993), where the Court of Military Appeals specifically overruled Burton and reinstated the earlier rule from United States v. Tibbs, 15 C.M.A. 350, 353, 35 C.M.R. 322, 325 (1965). See Kossman, 38 M.J. at 262. In Kossman, the Court reinstated the "reasonable diligence" standard in determining whether the prosecution's progress to- ward trial for a confined accused was sufficient to satisfy the speedy trial requirement of Article 10, UCMJ." d. The Analysis accompanying R.C.M. 806 is amended by adding at the end the following new paragraphs: "2002 Amendment: Section (d) was added to codify the military judge's power to issue orders limiting trial participants' extrajudicial statements in appropriate cases. See United States v. Ginwood, 16 M.J. 863, 868 (N- M.C.M.R. 1983) (finding military judge was justified in issuing restrictive order prohibiting extrajudicial statements by trial participants), aff'd on other grounds, 20 M.J. 148 (C.M.A. 1985), cert. denied, 474 U.S. 1005 (1985); United States v. Clark, 31 M.J. 721, 724 (A.F.C.M.R. 1990) (sug- gesting, but not deciding, that the military judge properly limited trial par- ticipants' extrajudicial statements). "The public has a legitimate interest in the conduct of military justice proceedings. Informing the public about the operations of the criminal jus- tice system is one of the "core purposes" of the First Amendment. In the appropriate case where the military judge is considering issuing a protec- tive order, absent exigent circumstances, the military judge must conduct a hearing prior to issuing such an order. Prior to such a hearing the parties will have been provided notice. At the hearing, all parties will be provided an opportunity to be heard. The opportunity to be heard may be extended to representatives of the media in the appropriate case. 223

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 EO 13262 Title 3--The President "Section (d) is based on the first Recommendation Relating to the Con- duct of Judicial Proceedings in Criminal Cases, included in the Revised Re- port of the Judicial Conference Committee on the Operation of the Jury Sys- tem on the "Free Press--Fair Trial" Issue, 87 F.R.D. 519, 529 (1980), which was approved by the Judicial Conference of the United States on September 25, \177980. The requirement that the protective order be issued in writing is based on Rule for Courts-Martial 405(g)(6). Section (d) adopts a "substantial likelihood of material preiudice" standard in place of the Judicial Con- ference recommendation of a "likely to interfere" standard. The Judicial Conference's recommendation was issued before the Supreme Court's deci- sion in Gentile v. State Bur of Nev., 50\177 U.S. \177030 (\177991). Gentile, which dealt with a Rule of Professional Conduct governing extrajudicial state- ments, indicates that a lawyer may be disciplined for making statements that present a substantial likelihood of material prejudice to an accused's right to a fair trial. While the use of protective orders is distinguishable from limitations imposed by a bar's ethics rule, the Gentile decision ex- pressly recognized that the "speech of lawyers representing clients in pend- ing cases may be regulated under a less demanding standard than that es- tablished for regulation of the press in Nebraska Press Ass'n v. Stuart, 427 U.S. 539 (\177976), and the cases which preceded it." 50\177 U.S. at \177074. The Court concluded that "the 'substantial likelihood of material prejudice' standard constitutes a constitutionally permissible balance between the First Amendment rights of attorneys in pending cases and the State's inter- est in fair trials." Id. at \177075. Gentile also supports the constitutionality of restricting communications of non-lawyer participants in a court case. Id. at 1072-73 (citing Seattle Times Co. v. Rhinehurt, 467 U.S. 20, 32-33 (\177984)). Accordingly, a protective order issued under the "substantial likeli- hood of material prejudice" standard is constitutionally permissible. "The first sentence of the discussion is based on the committee comment to the Recommendations Relating to the Conduct of Judicial Proceedings in Criminal Cases. See 87 F.R.D. at 530. For a definition of "party," see R.C.M. \17703(\1776). The second sentence of the discussion is based on the first of the Judicial Conference's recommendations concerning special orders. See 87 F.R.D. at 529. The third sentence of the discussion is based on the second of the Judicial Conference's recommendations, id. at 532, and on United States v. Sulurneh, 992 F.2d 445, 447 (2d Cir. \177993) (per curturn), and In re Application of DowJones 8' Co., 842 F.2d 603, 61\177 & nA (2d Cir.), cert. denied, 488 U.S. 946 (\177988). The fourth sentence is based on Sulurneh, 992 F.2d at 447. The fifth sentence is based on Rule for Courts-Martial 905(d).". e. The Analysis accompanying R.C.M. \177001(b)(3)(A) is amended by insert- ing the following at the end thereof: "2002 Amendment: As previously written, R.C.M. \17700\177(b)(3)(A) offered little guidance about what it meant by "civilian convictions." See, e.g., United States v. White, 47 M.J. 139, 140 (C.A.A.F. 1997); United States v. Barnes, 33 N.J. 468, 472-73 (C.N.A. 1992); United States v. S]ovucek, 24 N.J. 140, 141 (CNA), cert. denied, 484 U.S. 855 (1987). The present rule addresses this void and intends to give the sentencing authority as much information as the military judge determines is relevant in order to craft an appropriate sentence for the accused. "Unlike most civilian courts, this rule does not allow admission of more extensive criminal history information, such as arrests. Use of such addi- tional information is not appropriate in the military setting where court- 224

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 Executive Orders EO 13262 martial members, not a military judge, often decide the sentence. Such in- formation risks unnecessarily confusing the members. "The present rule clarifies the term "conviction" in light of the complex and varying ways civilian jurisdictions treat the subject. The military judge may admit relevant evidence of civilian convictions without necessarily being bound by the action, procedure, or nomenclature of civilian jurisdic- tions. Examples of judicial determinations admissible as convictions under this rule include accepted pleas of nolo contendere, pleas accepted under North Carolina v. Alfbrd, 400 U.S. 25 (1970), or deferred sentences. If rel- evant, evidence of forfeiture of bail that results in a judicial determination of guilt is also admissible, as recognized in United States v. Eady, 35 M.J. 15, 16 (C.M.A. 1992). While no time limit is placed upon the admissibility of prior convictions, the military judge should conduct a balancing test to determine whether convictions older than ten years should be admitted or excluded on the basis of relevance and fundamental fairness. "The two central factors in this rule are (1) judicial determination of guilt and (2) assumption of guilt. Assumption of guilt is an all-inclusive term meaning any act by the accused in a judicial proceeding accepting, acknowledging, or admitting guilt. As long as either factor is present, the "conviction" is admissible, if relevant. Consequently, this rule departs from the holding in United States v. Hughes, 26 M.J. 119, 120 (C.M.A. 1988), where the accused pleaded guilty in a Texas court, but the judge did not enter a finding of guilty under state law allowing "deferred adjudications." Under the present rule, the "conviction" would be admissible because the accused pleaded guilty in a judicial proceeding, notwithstanding the fact that the state judge did not enter a finding of guilty. "In contrast, "deferred prosecutions," where there is neither an admis- sion of guilt in a judicial proceeding nor a finding of guilty, would be ex- cluded. The rule also excludes expunged convictions, juvenile adjudica- tions, minor traffic violations, foreign convictions, and tribal court convic- tions as matters inappropriate for or unnecessarily confusing to courts-mar- tial members. What constitutes a "minor traffic violation" within the mean- ing of this rule is to be decided with reference only to federal law, and not to the laws of individual states. See U.S. Sentencing Guidelines Manual \365 4A1.2(c)(2); "What Constitutes 'Minor Traffic Infraction' Excludable From Calculation of Defendant's Criminal History under United States Sen- tencing Guideline \365 4A1.2(c)(2)," 113 A.L.R. Fed. 561 (1993). "Additionally, because of the lack of clarity in the previous rule, courts sometimes turned to Mil. R. Evid. 609 for guidance. See, e.g., Slovacek, 24 M.J. at 141. We note that because the policies behind Mil. R. Evid. 609 and the present rule differ greatly, a conviction that may not be appropriate for impeachment purposes under Mil. R. Evid. 609, may nevertheless be ad- missible under the present rule. "The Federal Sentencing Guidelines were consulted when drafting the present rule. Although informed by those guidelines, the present rule de- parts from them in many respects because of the wide differences between the courts-martial process and practice in federal district court.". f. The Analysis to R.C.M. 1003(b)(3) is amended by adding at the end the following new paragraph: 225

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 EO 13262 Title 3--The President "2002 Amendment: The amendment clearly defines the authority of spe- cial and summary courts-martial to adjudge both fines and forfeitures. See generally United States v. Tualla, 52 M.]. 228 (2000)." g. The Analysis accompanying R.C.M. 1003(b)(7) is amended by adding at the end the following now paragraph: "2002 Amendment: This change resulted from the enactment of Article 56a, UCM], in section 581 of the National Defense Authorization Act for Fiscal Year ]998, Pub. L. No. \17705-85, \177l Stat. ]629, ]759 (]997).". h. The Analysis accompanying R.C.M. \177004(0) is amended by adding at the end the following now paragraph: "2002 Amendment: This change resulted from the enactment of Article 56a, UCM], in section 581 of the National Defense Authorization Act for Fiscal Year ]998, Pub. L. No. \17705-85, \177l Stat. ]629, ]759 (]997).". i. The Analysis accompanying R.C.M. \177006(c) is amended by adding at the end the following now paragraph: "2002 Amendment: This change to the discussion resulted from the en- actment of Article 56a, UCM], in section 581 of the National Defense Au- thorization Act for Fiscal Year \177998, Pub. L. No. \17705-85, \177l Stat. \177629, 1759 (1997).". j. The Analysis accompanyin\365 R.C.M. 1006(d) is amended by insertin\365 after the analysis of subsection 3(A) followin\365 para\365raph: "2002 Amendment: Subsection (d)(4)(t\177) was amended as a result of the enactment of Article 56a, UCMJ, in section 581 of the National Defense Au- thorization Act for Fiscal Year 1998, Pub. L. No. 105-85, ill Star. 1629, 1759 (1997).". k. The Analysis accompanyin\365 R.C.M. \177009 is amended by addin\365 at the end the followin S new para\365raph: "2002 Amendment: Subsection (e)(3)(t\177)(ii) was amended as a result of the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105-85, ill Star. 1629, 1759 (1997).". 1. The Analysis to R.C.M. \177103 (b)(2) is amended by addin\365 at the end the followin S new para\365raph: "2002 Amendment: Subsection (b)(2)(t\177) was amended to implement the amendment to \1770 U.S.C. \365 8\1779 (Article \1779, UCM\177) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, ll3 Star. 5\1772 (1999) increasin\365 the jurisdictional maximum pun- ishment at special courts-martial. R.C.M. l103(b)(2)(t\177) was amended to pre- vent an inconsistent requirement for a verbatim transcript between a \365en- eral court-martial and a special court-martial when the adjudged sentence of a general court-martial does not include a punitive discharge or confine- ment greater than six months, but does include forfeiture of two-thirds pay per month for more than six months but not more than 12 months.". m. The Analysis to R.C.M. 1103(c) is amended by adding at the end the following now paragraph: "2002 Amendment: Subsection (c) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the jurisdictional maximum pun- 226

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 Executive Orders EO 13262 ishment at special courts-martial. R.C.M. l103(c) was amended to conform the requirements for a verbatim transcript with the requirements of Article 19 for a 'complete record' in cases where the adiudged sentence includes a bad-conduct discharge, confinement for more than six months, or for- feiture of pay for more than six months.". n. The Analysis to R.C.M. \17703(f) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendmeier: Subsection (f)(1) was amended to implement the amendment to l0 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106\36565, ll3 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. R.C.M. \17703(f)(\177) was amended to in- clude the additional limitations on sentence contained in Article 19, UCMJ.". o. The Analysis to R.C.M. \17704(a) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendmeier: Subsection (a)(2)(A) was amended to implement the amendment to l0 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, ll3 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. R.C.M. l104(a)(2)(A) was amended to en- sure that the military iudge authenticates all verbatim records of trial at special courts-martial.". p. The Analysis to R.C.M. \17704(e) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendmeier: Subsection (e) was amended to implement the amendment to l0 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, ll3 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. This amendment reflects the change to R.C.M. \17706 for special court- martial with an adiudged sentence that in- cludes confinement for one year.". q. The Analysis to R.C.M. l\17706(a) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendmeier: Subsection (a) was amended to implement the amendment to l0 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, ll3 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. This amendment requires all special courts-martial cases subiect to appellate review to comply with this rule.". r. The Analysis to R.C.M. l\17707(d) is amended by inserting after the first paragraph the following new paragraph: "2002 Amendmeier: The Discussion accompanying subsection (d)(1) was amended to implement the amendment to \1770 U.S.C. \365 8\1779 (Article 19, UCM}) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, ll3 Stat. 512 (1999) increasing the iurisdictional maximum punishment at special courts-martial. R.C.M. \17707(d)(4) was amended to include the additional limitations on sentence contained in Article \1779, UCM}.". s. The Analysis accompanying R.C.M. \177107(d) is amended by adding at the end the following new paragraphs: 227

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 EO 13262 Title 3--The President "2002 Amendment: Subsection (d)(4) was amended as a result of the en- actment of Article 56a, UCMJ, in section 581 of the National Defense Au- thorization Act for Fiscal Year 1998, Pub. L. No. 105-85, 111 Stat. 1629, 1759 (1997). "Subsection (d)(5) is new. The amendment addresses the impact of Arti- cle 58b, UCMI. In special courts-martial, where the cumulative impact of a fine and forfeitures, whether adiudged or by operation of Article 58b, would otherwise exceed the total dollar amount of forfeitures that could be adiudged at the special court-martial, the fine and/or adiudged forfeitures should be disapproved or decreased accordingly. See generally United States v. Tualla, 52 MJ. 228, 231-32 (2000)." t. The Analysis to R.C.M. 1109 is amended by adding at the end the fol- lowing new paragraphs: "2002 Amendment: Subsection (e) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. "(f) Vacation of a suspended special courl-murtiul sentence that includes u bad-conduct discharge or conjS'nement for one year. Subsection (f) was amended to implement the amendment to 10 U.S.C. \365thnsp;819 (Article 19, UCM]) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum punishment at special courts-martial. This amend- ment reflects the decision to treat an approved sentence of confinement for one year, regardless of whether any period of confinement is suspended, as a serious offense, in the same manner as a suspended approved bad-con- duct discharge at special courts-martial under Article 72, UCMJ, and R.C.M. 1109.". u. The Analysis to R.C.M. 1110(a) is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: Subsection (a) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial.". v. The Analysis to R.C.M. 1111 is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: R.C.M. 1111(b) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999) increasing the iurisdictional maximum pun- ishment at special courts-martial. The amendment ensures all special courts-martial not requiring appellate review are reviewed by a iudge advo- cate under R.C.M. 1112.". w. The Analysis to R.C.M. 1112 is amended by adding at the end the fol- lowing new paragraph: "2002 Amendment: R.C.M. 1112(a)(2) was amended to implement the amendment to 10 U.S.C. \365 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 228

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