Notes on 32 U.S.C. § 327 : US Code - Notes

Search Notes on 32 U.S.C. § 327 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100-456, div. A,
title XII, Sec. 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L.
107-314, div. A, title V, Sec. 512(b), Dec. 2, 2002, 116 Stat.
2537; Pub. L. 109-163, div. A, title X, Sec. 1057(b)(7), Jan. 6,
2006, 119 Stat. 3442.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
327(a) 32:92 (1st 46 words). June 3, 1916, ch. 134,
Sec. 103, 39 Stat. 208.
327(b)
32:92 (less 1st 46 words).
--------------------------------------------------------------------
In subsection (a), the words "Federal service" are substituted
for the words "service of the United States".
In subsection (b), the words "A general court-martial may
sentence to - " are substituted for the words "and such courts
shall have the power to impose * * * to sentence". The words "any
combination of these punishments" are substituted for the words "or
any two or more of such punishments may be combined in the
sentences imposed by such courts".
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-163 substituted "States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, and
the Virgin Islands" for "States and Territories, Puerto Rico, and
the District of Columbia".
2002 - Pub. L. 107-314 amended section catchline and text
generally. Prior to amendment, text read as follows:
"(a) In the National Guard not in Federal service, general courts-
martial may be convened by the President or by the governor of a
State or Territory or Puerto Rico or by the commanding general of
the National Guard of the District of Columbia.
"(b) A general court-martial may sentence to -
"(1) a fine of not more than $200;
"(2) forfeiture of pay and allowances;
"(3) a reprimand;
"(4) dismissal or dishonorable discharge;
"(5) reduction of a noncommissioned officer to the ranks; or
"(6) any combination of these punishments."
1988 - Subsec. (a). Pub. L. 100-456 substituted "Territory or
Puerto Rico" for "Territory, Puerto Rico, or the Canal Zone,".
MODELS FOR STATE CODE OF MILITARY JUSTICE AND STATE MANUAL FOR
COURTS-MARTIAL
Pub. L. 107-314, div. A, title V, Sec. 512(e), Dec. 2, 2002, 116
Stat. 2537, provided that:
"(1) The Secretary of Defense shall prepare a model State code of
military justice and a model State manual for courts-martial to
recommend to the States for use with respect to the National Guard
not in Federal service. Both such models shall be consistent with
the recommendations contained in the report that was issued in 1998
by the Department of Defense Panel to Study Military Justice in the
National Guard not in Federal Service.
"(2) The Secretary shall ensure that adequate support for the
preparation of the model State code of military justice and the
model State manual for courts-martial (including the detailing of
attorneys and other personnel) is provided by the General Counsel
of the Department of Defense, the Secretary of the Army, the
Secretary of the Air Force, and the Chief of the National Guard
Bureau.
"(3) If the funds available to the Chief of the National Guard
Bureau are insufficient for paying the cost of the National Guard
Bureau support required under paragraph (2) (including increased
costs of pay of members of the National Guard for additional active
duty necessitated by such requirement and increased cost of
detailed attorneys and other staff, allowances, and travel expenses
related to such support), the Secretary shall, upon request made by
the Chief of the Bureau, provide such additional funding as the
Secretary determines necessary to satisfy the requirement for such
support.
"(4) Not later than one year after the date of the enactment of
this Act [Dec. 2, 2002], the Secretary shall submit a report on the
actions taken to carry out this subsection to the Committee on
Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives. The report shall include proposals in
final form of both the model State code of military justice and the
model State manual for courts-martial required by paragraph (1),
together with a discussion of the efforts being made to present
those proposals to the States for their consideration for enactment
or adoption, respectively.
"(5) In this subsection, the term 'State' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
and Guam."