Notes on 10 U.S.C. § 867 : US Code - Notes

Search Notes on 10 U.S.C. § 867 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 60; Pub. L. 88-426, title IV,
Sec. 403(j), Aug. 14, 1964, 78 Stat. 434; Pub. L. 90-340, Sec. 1,
June 15, 1968, 82 Stat. 178; Pub. L. 90-632, Sec. 2(28), Oct. 24,
1968, 82 Stat. 1342; Pub. L. 96-579, Sec. 12(a), Dec. 23, 1980, 94
Stat. 3369; Pub. L. 97-81, Sec. 5, Nov. 20, 1981, 95 Stat. 1088;
Pub. L. 97-295, Sec. 1(12), Oct. 12, 1982, 96 Stat. 1289; Pub. L.
98-209, Secs. 7(d), 9(a), 10(c)(2), 13(d), Dec. 6, 1983, 97 Stat.
1402, 1404, 1406, 1408; Pub. L. 100-26, Sec. 7(a)(2), Apr. 21,
1987, 101 Stat. 275; Pub. L. 100-456, div. A, title VII, Sec.
722(a), (c), Sept. 29, 1988, 102 Stat. 2002, 2003; Pub. L. 101-189,
div. A, title XIII, Sec. 1301(a), Nov. 29, 1989, 103 Stat. 1569;
Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), (2), (4)(B),
Oct. 5, 1994, 108 Stat. 2831, 2832.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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867(a) 50:654(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 67), 64
Stat. 129; Mar. 2, 1955,
ch. 9, Sec. 1(i), 69
Stat. 10.
867(b)
867(c)
867(d)
50:654(b).
50:654(c).
50:654(d).
867(e) 50:654(e).
867(f) 50:654(f).
867(g) 50:654(g).
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In subsection (a)(1), the word "is" is substituted for the words
"is hereby established". The words "all" and "which shall be" are
omitted as surplusage. The word "consists" is substituted for the
words "shall consist". The word "civil" is substituted for the word
"civilian". The word "may" is substituted for the word "shall"
before the words "be appointed". The word "is" is substituted for
the word "shall" before the words "any person". The words "is
entitled to" are substituted for the words "shall receive". The
word "is" is substituted for the words "shall be" in the fourth
sentence. The word "may" is substituted for the words "shall have
power to * * * to". The word "does" is substituted for the word
"shall" in the next to the last sentence. In the last sentence, the
words "is entitled * * * to" are substituted for the word "shall".
The word "outside" is substituted for the words "at a place other
than his official station. The official station of such judges for
such purpose shall be". The words "also" and "actually" are omitted
as surplusage.
In subsection (a)(2), the words "February 28, 1951," are
substituted for the words "the effective date of this subdivision".
The word "shall" in the first sentence, and the word "shall" before
the word "expire" in the second sentence, are omitted as
surplusage. The word "before" is substituted for the words "prior
to". The word "may" is substituted for the word "shall" before the
words "be appointed".
In subsection (a)(3), the word "for" is substituted for the words
"upon the ground of".
In subsection (b), the words "the following cases" are omitted as
surplusage.
In subsections (b) and (d), the word "sent" is substituted for
the word "forwarded".
In subsection (c), the word "when" is inserted after the word
"time". The words "a grant of" are omitted as surplusage.
In subsection (d), the word "may" is substituted for the word
"shall" in the first sentence.
In subsection (f), the words "Secretary concerned" are
substituted for the words "Secretary of the Department".
In subsection (g), the words "of the armed forces" are omitted as
surplusage. The words "policies as to sentences" are substituted
for the words "sentence policies". The word "considered" is
substituted for the word "deemed". The words "Secretaries of the
military departments, and the Secretary of the Treasury" are
substituted for the words "Secretaries of the Departments".
1982 ACT
In subsection (d), the words "Court of Military Review" are
substituted for "board of review" because of section 3(b) of the
Military Justice Act of 1968 (Pub. L. 90-632, Oct. 24, 1968, 82
Stat. 1343).
The change in subsection (g) reflects the transfer of functions
from the Secretary of the Treasury to the Secretary of
Transportation under 49:1655(b).
AMENDMENTS
1994 - Pub. L. 103-337, Sec. 924(c)(4)(B), substituted "Court of
Appeals for the Armed Forces" for "Court of Military Appeals" in
section catchline.
Pub. L. 103-337, Sec. 924(c)(2), substituted "Court of Criminal
Appeals" for "Court of Military Review" wherever appearing in
subsecs. (a) to (c) and (e).
Pub. L. 103-337, Sec. 924(c)(1), substituted "Court of Appeals
for the Armed Forces" for "Court of Military Appeals" wherever
appearing.
1989 - Pub. L. 101-189 redesignated subsecs. (b) to (f) as (a) to
(e), respectively, struck out former subsec. (a) which related to
establishment of the United States Court of Military Appeals, and
appointment, removal, allowances and compensation, etc., of judges
of such court, struck out subsec. (g) which related to a committee
required to make annual comprehensive surveys of the operation of
this chapter, struck out subsec. (h) which related to review of
decisions of the Court of Military Appeals by the Supreme Court,
and struck out subsec. (i) which related to annuities for judges
and former or retired judges, and survivors and former spouses of
judges and former judges.
1988 - Subsec. (a)(4). Pub. L. 100-456, Sec. 722(c), inserted "or
an annuity under subsection (i) or subchapter III of chapter 83 or
chapter 84 of title 5" after "retired pay" in two places.
Subsec. (i). Pub. L. 100-456, Sec. 722(a), added subsec. (i).
1987 - Subsec. (g)(1). Pub. L. 100-26 substituted "the Staff
Judge Advocate to the Commandant of the Marine Corps" for "the
Director, Judge Advocate Division, Headquarters, United States
Marine Corps".
1983 - Subsec. (a)(3). Pub. L. 98-209, Sec. 13(d), inserted
"Circuit" after "District of Columbia".
Subsec. (b)(1). Pub. L. 98-209, Sec. 7(d), struck out "affects a
general or flag officer or" before "extends to death".
Subsec. (g). Pub. L. 98-209, Sec. 9(a), designated existing
provisions as par. (1), substituted "A committee consisting of the
judges of the Court of Military Appeals, the Judge Advocates
General of the Army, Navy, and Air Force, the Chief Counsel of the
Coast Guard, the Director, Judge Advocate Division, Headquarters,
United States Marine Corps, and two members of the public appointed
by the Secretary of Defense shall meet at least annually. The
committee shall make an annual comprehensive survey of the
operation of this chapter. After each such survey, the committee
shall report" for "The Court of Military Appeals and the Judge
Advocates General shall meet annually to make a comprehensive
survey of the operation of this chapter and report", and added
pars. (2) and (3).
Subsec. (h). Pub. L. 98-209, Sec. 10(c)(2), added subsec. (h).
1982 - Subsec. (d). Pub. L. 97-295, Sec. 1(12)(A), substituted
"Court of Military Review" for "board of review" after "incorrect
in law by the".
Subsec. (g). Pub. L. 97-295, Sec. 1(12)(B), substituted
"Secretary of Transportation" for "Secretary of the Treasury" after
"military departments, and the".
1981 - Subsec. (c). Pub. L. 97-81 substituted provisions
authorizing the accused to petition the Court of Military Appeals
for review of a decision of a Court of Military Review within 60
days from the earlier of (1) the date on which the accused is
notified of the decision of the Court of Military Review, or (2)
the date on which a copy of the decision of the Court of Military
Review, after being served on appellate counsel of record for the
accused (if any), is deposited in the United States mails for
delivery by first-class certified mail to the accused at an address
provided by the accused or, if no such address has been provided by
the accused, at the latest address listed for the accused in his
official service record, and directing the Court of Military
Appeals to act upon such a petition promptly in accordance with the
rules of the court for provision which had given the accused 30
days from the time when he was notified of the decision of a board
of review to petition the Court of Military Appeals for review and
which had directed the court to act upon such a petition within 30
days of the receipt thereof.
1980 - Subsec. (a)(1). Pub. L. 96-579 struck out third sentence
prescribing expiration of terms of office of all successors of
judges of the Court of Military Appeals serving on June 15, 1968,
fifteen years after expiration of term of their predecessors
subject to requirement that any judge appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed should be appointed only for the
unexpired term of the predecessor.
1968 - Subsec. (a)(1). Pub. L. 90-340 changed the name of the
Court of Military Appeals to the United States Court of Military
Appeals, and established it under Article I of the United States
Constitution, provided that the terms of office of all successors
of the judges serving on June 15, 1968, shall expire 15 years after
the expiration of the terms for which their predecessors were
appointed but that any judge appointed to fill a vacancy occurring
prior to the expiration of the term of his predecessor shall be
appointed only for the unexpired term of his predecessor,
substituted provisions that each judge is entitled to the same
salary and travel allowances as are judges of the United States
Court of Appeals for provisions that entitled each judge to a
salary of $33,000 a year and a travel and maintenance allowance,
for expenses incurred while attending court or transacting official
business outside the District of Columbia, not to exceed $15 a day,
and provided for the precedence of the chief judge, and of the
other judges based on their seniority.
Subsec. (a)(2). Pub. L. 90-340 redesignated former par. (3) as
(2) and changed the name of the Court of Military Appeals to the
United States Court of Military Appeals. Provisions of former par.
(2) pertaining to the terms of office of judges were placed in par.
(1). Provisions of former par. (2) pertaining to the terms of
office of the three judges first taking office after February 28,
1951, and expiring, as designated by the President at the time of
nomination, one on May 1, 1956, one on May 1, 1961, and one on May
1, 1966, were struck out.
Subsec. (a)(3). Pub. L. 90-340 redesignated former par. (4) as
(3) and changed the name of the Court of Military Appeals to the
United States Court of Military Appeals, and provided that a judge
appointed to fill a temporary vacancy due to illness or disability
may only be a judge of the Court of Appeals for the District of
Columbia. Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 90-340 added par. (4). Former par. (4)
redesignated (3).
Subsecs. (b), (f). Pub. L. 90-632 substituted "Court of Military
Review" for "board of review" wherever appearing.
1964 - Subsec. (a)(1). Pub. L. 88-426 increased salary of judges
from $25,500 to $33,000.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 722(d) of Pub. L. 100-456 provided that: "Subsection (i)
of section 867 of title 10, United States Code, as added by
subsection (a), shall apply with respect to judges of the United
States Court of Military Appeals [now United States Court of
Appeals for the Armed Forces] whose term of service on such court
ends on or after the date of the enactment of this Act [Sept. 29,
1988] and to the survivors of such judges."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by sections 9(a) and 13(d) Pub. L. 98-209 effective
Dec. 6, 1983, and amendment by sections 7(d) and 10(c)(2) of Pub.
L. 98-209 effective first day of eighth calendar month beginning
after Dec. 6, 1983, but amendment by section 7(d) of Pub. L. 98-209
not to apply to any case in which the findings and sentence were
adjudged by a court-martial before that date, and the proceedings
in any such case to be held in the same manner and with the same
effect as if such amendments had not been enacted, see section
12(a)(1), (4) of Pub. L. 98-209, set out as a note under section
801 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-81 to take effect at end of 60-day period
beginning on Nov. 20, 1981, and to apply to any accused with
respect to a Court of Military Review [now Court of Criminal
Appeals] decision that is dated on or after that date, see section
7(a), (b)(5) of Pub. L. 97-81, set out as an Effective Date note
under section 706 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective first day of tenth month
following October 1968, see section 4 of Pub. L. 90-632, set out as
a note under section 801 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
For effective date of amendment by Pub. L. 88-426, see section
501 of Pub. L. 88-426.
COMMISSION TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SENTENCING
AUTHORITY, JURISDICTION, TENURE, AND RETIREMENT OF MILITARY JUDGES;
ESTABLISHMENT; COMPOSITION; REPORT TO CONGRESSIONAL COMMITTEES
Section 9(b) of Pub. L. 98-209, as amended by Pub. L. 98-525,
title XV, Sec. 1521, Oct. 19, 1984, 98 Stat. 2628, directed
Secretary of Defense to establish a commission to study the
sentencing authority, jurisdiction, tenure, and retirement system
of military judges, and to report, not later than Dec. 15, 1984,
its findings and recommendations to committees of Congress and to
the committee established under former section 867(g) of this
title.
TERMS OF OFFICE OF JUDGES OF UNITED STATES COURT OF MILITARY
APPEALS
Section 12(b) of Pub. L. 96-579 provided that the term of office
of a judge of United States Court of Military Appeals serving on
such court on Dec. 23, 1980, expire (1) on the date the term of
such judge would have expired under the law in effect on the day
before Dec. 23, 1980, or (2) ten years after the date on which such
judge took office as a judge of the United States Court of Military
Appeals, whichever is later.
CONTINUATION OF POWERS AND JURISDICTION OF COURT OF MILITARY
APPEALS; STATUS OF JUDGES
Section 2 of Pub. L. 90-340 provided that: "The United States
Court of Military Appeals [now United States Court of Appeals for
the Armed Forces] established under this Act [which amended subsec.
(a) of this section] is a continuation of the Court of Military
Appeals as it existed prior to the effective date of this Act [June
15, 1968], and no loss of rights or powers, interruption of
jurisdiction, or prejudice to matters pending in the Court of
Military Appeals before the effective date of this Act shall
result. A judge of the Court of Military Appeals so serving on the
day before the effective date of this Act shall, for all purposes,
be a judge of the United States Court of Military Appeals under
this Act."
SALARY INCREASES
1987 - Salaries of judges increased to $95,000 per annum, on
recommendation of President, see note set out under section 358 of
Title 2, The Congress.
1977 - Salaries of judges increased to $57,500 per annum, on
recommendation of President, see note set out under section 358 of
Title 2.
1969 - Salaries of judges increased from $33,000 to $42,500 per
annum, commencing first day of pay period which begins after Feb.
14, 1969, on recommendation of President, see note set out under
section 358 of Title 2.
EXECUTIVE ORDER NO. 12063
Ex. Ord. No. 12063, June 5, 1978, 43 F.R. 24659, which related to
the United States Court of Military Appeals Nominating Commission,
was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, set
out as a note under section 14 of the Appendix to Title 5,
Government Organization and Employees.