pd22my95 Remarks on the First Anniversary of the School-To-Work Opportunities Act...

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[Weekly Compilation of Presidential Documents]
 [frwais.access.gpo.gov]


[Page i-ii]
 
Monday, May 22, 1995
 
Volume 31--Number 20
Pages 821-865
 
Contents

[[Page i]]

Weekly Compilation of

Presidential

Documents



[[Page ii]]



Addresses and Remarks

    Budget proposals--837, 850
    Congressional Asian Pacific American Caucus Institute dinner--856
    Law enforcement leaders--861
    Maryland, School-To-Work Opportunities Act of 1994, anniversary in 
        White Plains--842
    National Performance Review--838
    Peace Officers Memorial Service--833
    Radio address--831
    ``Women of Country: In Performance at the White House''--849

Communications to Congress

    District of Columbia Supplemental Budget and Rescissions, message 
        transmitting--831
    Iran, message--852
    Iraq, letter reporting--847
    Proliferation of weapons of mass destruction, message reporting--853

Communications to Federal Agencies

    Liberia, memorandum on economic support to peacekeeping efforts--841

Executive Orders

    Amendments to the Manual for Courts-Martial, United States--821

Interviews With the News Media

    Exchanges with reporters
        Cabinet Room--837, 861
        Oval Office--850

Letters and Messages

    Armed Forces Day, message--863

Proclamations

    Labor History Month--846
    National Defense Transportation Day and National Transportation 
        Week--830
    Peace Officers Memorial Day and Police Week--836
    Prayer for Peace, Memorial Day--851

Statements by the President

    Commerce Secretary Ron Brown--846
    National Law Enforcement Officers' Memorial--833

Supplementary Materials

    Acts approved by the President--865
    Checklist of White House press releases--865
    Digest of other White House announcements--863
    Nominations submitted to the Senate--864



              WEEKLY COMPILATION OF
          ------------------------------
              PRESIDENTIAL DOCUMENTS

Published every Monday by the Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408, the Weekly 
Compilation of Presidential Documents contains statements, messages, and
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The Weekly Compilation of Presidential Documents is published pursuant to
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[[Page 821]]




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[Weekly Compilation of Presidential Documents]
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[Page 821-830]
 
Monday, May 22, 1995
 
Volume 31--Number 20
Pages 821-865
 
Week Ending Friday, May 19, 1995
 
Executive Order 12960--Amendments to the Manual for Courts-Martial, 
United States, 1984


May 12, 1995

    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 
10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-
946), in order to prescribe amendments to the Manual for Courts-Martial, 
United States, 1984, prescribed by Executive Order No. 12473, as amended 
by Executive Order No. 12484, Executive Order No. 12550, Executive Order 
No. 12586, Executive Order No. 12708, Executive Order No. 12767, 
Executive Order No. 12888, and Executive Order No. 12936, it is hereby 
ordered as follows:
    Section 1. Part I of the Manual for Courts-Martial, United States, 
1984, is amended as follows:
    Preamble, paragraph 4, is amended to read as follows:
      ``4. Structure and application of the Manual for Courts-Martial.
    The Manual for Courts-Martial shall consist of this Preamble, the 
Rules for Courts-Martial, the Military Rules of Evidence, the Punitive 
Articles, and the Nonjudicial Punishment Procedures (Parts I-V). The 
Manual shall be applied consistent with the purpose of military law.
    The Manual shall be identified as ``Manual for Courts-Martial, 
United States (19xx edition).'' Any amendments to the Manual made by 
Executive Order shall be identified as ``19xx Amendments to the Manual 
for Courts-Martial, United States.'' ''
    Sec. 2. Part II of the Manual for Courts-Martial, United States, 
1984, is amended to read as follows:
    a. R.C.M. 810(d) is amended to read as follows:
      ``(d) Sentence limitations.
        (1) In general. Sentences at rehearings, new trials, or other 
trials shall be adjudged within the limitations set forth in R.C.M. 
1003. Except as otherwise provided in subsection (d)(2) of this rule, 
offenses on which a rehearing, new trial, or other trial has been 
ordered shall not be the basis for an approved sentence in excess of or 
more severe than the sentence ultimately approved by the convening or 
higher authority following the previous trial or hearing, unless the 
sentence prescribed for the offense is mandatory. When a rehearing or 
sentencing is combined with trial on new charges, the maximum punishment 
that may be approved by the convening authority shall be the maximum 
punishment under R.C.M. 1003 for the offenses being reheard as limited 
above, plus the total maximum punishment under R.C.M. 1003 for any new 
charges of which the accused has been found guilty. In the case of an 
``other trial'' no sentence limitations apply if the original trial was 
invalid because a summary or special court-martial improperly tried an 
offense involving a mandatory punishment or one otherwise considered 
capital.
        (2) Pretrial agreement. If, after the earlier court-martial, the 
sentence was approved in accordance with a pretrial agreement and at the 
rehearing the accused fails to comply with the pretrial agreement, by 
failing to enter a plea of guilty or otherwise, the approved sentence 
resulting at a rehearing of the affected charges and specifications may 
include any otherwise lawful punishment not in excess of or more serious 
than lawfully adjudged at the earlier court-martial.''
    b. R.C.M. 924(a) is amended to read as follows:
      ``(a) Time for reconsideration. Members may reconsider any finding 
reached by them before such finding is announced in open session.''

[[Page 822]]

    c. R.C.M. 924(c) is amended to read as follows:
      ``(c) Military judge sitting alone. In a trial by military judge 
alone, the military judge may reconsider any finding of guilty at any 
time before announcement of sentence and may reconsider the issue of the 
finding of guilty of the elements in a finding of not guilty only by 
reason of lack of mental responsibility at any time before announcement 
of sentence or authentication of the record of trial in the case of a 
complete acquittal.''
    d. R.C.M. 1003(b)(9) and the accompanying discussion are deleted.
    e. R.C.M. 1003(b)(10), (11), and (12) are redesignated as 
subsections (9), (10), and (11), respectively.
    f. R.C.M. 1009 is amended to read as follows:
      ``(a) Reconsideration. Subject to this rule, a sentence may be 
reconsidered at any time before such sentence is announced in open 
session of the court.
      (b) Exceptions.
        (1) If the sentence announced in open session was less than the 
mandatory minimum prescribed for an offense of which the accused has 
been found guilty, the court that announced the sentence may reconsider 
such sentence after it has been announced, and may increase the sentence 
upon reconsideration in accordance with subsection (e) of this rule.
        (2) If the sentence announced in open session exceeds the 
maximum permissible punishment for the offense or the jurisdictional 
limitation of the court-martial, the sentence may be reconsidered after 
announcement in accordance with subsection (e) of this rule.
      (c) Clarification of sentence. A sentence may be clarified at any 
time prior to action of the convening authority on the case.
        (1) Sentence adjudged by the military judge. When a sentence 
adjudged by the military judge is ambiguous, the military judge shall 
call a session for clarification as soon as practical after the 
ambiguity is discovered.
        (2) Sentence adjudged by members. When a sentence adjudged by 
members is ambiguous, the military judge shall bring the matter to the 
attention of the members if the matter is discovered before the court-
martial is adjourned. If the matter is discovered after adjournment, the 
military judge may call a session for clarification by the members who 
adjudged the sentence as soon as practical after the ambiguity is 
discovered.
      (d) Action by the convening authority. When a sentence adjudged by 
the court-martial is ambiguous, the convening authority may return the 
matter to the court-martial for clarification. When a sentence adjudged 
by the court-martial is apparently illegal, the convening authority may 
return the matter to the court-martial for reconsideration or may 
approve a sentence no more severe than the legal, unambiguous portions 
of the adjudged sentence.
      (e) Reconsideration procedure. Any member of the court-martial may 
propose that a sentence reached by the members be reconsidered.
        (1) Instructions. When a sentence has been reached by members 
and reconsideration has been initiated, the military judge shall 
instruct the members on the procedure for reconsideration.
        (2) Voting. The members shall vote by secret written ballot in 
closed session whether to reconsider a sentence already reached by them.
        (3) Number of votes required.
        (A) With a view to increasing. Subject to subsection (b) of this 
rule, members may reconsider a sentence with a view of increasing it 
only if at least a majority of the members vote for reconsideration.
        (B) With a view to decreasing. Members may reconsider a sentence 
with a view to decreasing it only if:
        (i) In the case of a sentence which includes death, at least one 
member votes to reconsider;
        (ii) In the case of a sentence which includes confinement for 
life or more than 10 years, more than one-fourth of the members vote to 
reconsider; or
        (iii) In the case of any other sentence, more than one-third of 
the members vote to reconsider.
        (4) Successful vote. If a vote to reconsider a sentence 
succeeds, the procedures in R.C.M. 1006 shall apply.''

[[Page 823]]

    g. R.C.M. 1103(b)(3)(L) is deleted.
    h. R.C.M. 1103(b)(3)(M) and (N) are redesignated as subsections (L) 
and (M), respectively.
    i. R.C.M. 1103(c)(2) is amended to read as follows:
      ``(2) Not involving a bad-conduct discharge. If the special court-
martial resulted in findings of guilty but a bad-conduct discharge 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.''
    j. R.C.M. 1104(b)(2) is amended to read as follows:
      ``(2) Summary courts-martial. The summary court-martial record of 
trial shall be disposed of as provided in R.C.M. 1305(d). Subsection 
(b)(1)(D) of this rule shall apply if classified information is included 
in the record of trial of a summary court-martial.''
    k. R.C.M. 1106(d)(3) is amended by adding a new subsection (B) as 
follows:
      ``(B) A recommendation for clemency by the sentencing authority, 
made in conjunction with the announced sentence;''
    l. R.C.M. 1106(d)(3) (B)-(E) are redesignated as subsections (C)-
(F), respectively.
    m. R.C.M. 1107(d) is amended by adding a new subparagraph (3) as 
follows:
      ``(3) Postponing service of a sentence to confinement.
        (A) In a case in which a court-martial sentences an accused 
referred to in subsection (B), below, to confinement, the convening 
authority may postpone service of a sentence to confinement by a court-
martial, without the consent of the accused, until after the accused has 
been permanently released to the armed forces by a state or foreign 
country.
        (B) Subsection (A) applies to an accused who, while in custody 
of a state or foreign country, is temporarily returned by that state or 
foreign country to the armed forces for trial by court-martial; and 
after the court-martial, is returned to that state or foreign country 

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