10 U.S.C. § 951 — Establishment; organization; administra-

Page 878 TITLE 10—ARMED FORCES § 951 preparation and tending, even though fail- ing, to effect its commission, is an attempt to commit that offense. (C) EFFECT OF CONSUMMATION.—Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. (29) CONSPIRACY.—Any person subject to this chapter who conspires to commit one or more substantive offenses triable by military com- mission under this subchapter, and who know- ingly does any overt act to effect the object of the conspiracy, shall be punished, if death re- sults to one or more of the victims, by death or such other punishment as a military com- mission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a mili- tary commission under this chapter may di- rect. (30) SOLICITATION.—Any person subject to this chapter who solicits or advises another or others to commit one or more substantive of- fenses triable by military commission under this chapter shall, if the offense solicited or advised is attempted or committed, be pun- ished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or at- tempted, shall be punished as a military com- mission under this chapter may direct. (31) CONTEMPT.—A military commission under this chapter may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. (32) PERJURY AND OBSTRUCTION OF JUSTICE.— A military commission under this chapter may try offenses and impose such punishment as the military commission may direct for perjury, false testimony, or obstruction of jus- tice related to the military commission. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2607; amended Pub. L. 115–232, div. A, title X, § 1081(a)(12), Aug. 13, 2018, 132 Stat. 1983.) Editorial Notes PRIOR PROVISIONS Prior sections 950t to 950w were omitted in the gen- eral amendment of this chapter by Pub. L. 111–84. Section 950t, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to attempts to commit any offense punishable by this chapter. Section 950u, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to solicitation. Section 950v, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to definitions, construction, and crimes triable by military commissions. Section 950w, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2630, related to perjury, obstruction of justice, and contempt. AMENDMENTS 2018—Par. (9). Pub. L. 115–232, § 1081(a)(12)(A), sub- stituted ‘‘attack, or’’ for ‘‘attack. or’’. Par. (16). Pub. L. 115–232, § 1081(a)(12)(B), substituted ‘‘shall be punished’’ for ‘‘shall punished’’. Par. (22). Pub. L. 115–232, § 1081(a)(12)(C), inserted pe- riod at end. CHAPTER 48—MILITARY CORRECTIONAL FACILITIES Sec. 951. Establishment; organization; administration. 952. Parole. 953. Remission or suspension of sentence; restora- tion to duty; reenlistment. 954. Voluntary extension; probation. 955. Prisoners transferred to or from foreign coun- tries. 956. Deserters, prisoners, members absent without leave: expenses and rewards. Editorial Notes AMENDMENTS 1984—Pub. L. 98–525, title XIV, § 1401(b)(2), Oct. 19, 1984, 98 Stat. 2615, added item 956. 1980—Pub. L. 96–513, title V, § 511(26), Dec. 13, 1980, 94 Stat. 2922, added item 955. § 951. Establishment; organization; administra- tion (a) The Secretaries concerned may provide for the establishment of such military correctional facilities as are necessary for the confinement of offenders against chapter 47 of this title. (b) The Secretary concerned shall— (1) designate an officer for each armed force under his jurisdiction to administer military correctional facilities established under this chapter; (2) provide for the education, training, reha- bilitation, and welfare of offenders confined in a military correctional facility of his depart- ment; and (3) provide for the organization and equip- ping of offenders selected for training with a view to their honorable restoration to duty or possible reenlistment. (c) There shall be an officer in command of each major military correctional facility. Under regulations to be prescribed by the Secretary concerned, the officer in command shall have custody and control of offenders confined within the facility which he commands, and shall use- fully employ those offenders as he considers best for their health and reformation, with a view to their restoration to duty, enlistment for future service, or return to civilian life as useful citi- zens. (d) There may be made or repaired at each military correctional facility such supplies for the armed forces or other agencies of the United States as can properly and economically be made or repaired at such facilities. (Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 96–513, title V, § 511(27), Dec. 12, 1980, 94 Stat. 2922.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–513 substituted ‘‘at such facilities’’ for ‘‘as such facilities’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Page 879 TITLE 10—ARMED FORCES § 955 OFFENSES AGAINST MINORS Pub. L. 105–119, title I, § 115(a)(8)(C), Nov. 26, 1997, 111 Stat. 2466, as amended by Pub. L. 109–248, title I, § 141(i), July 27, 2006, 120 Stat. 604, provided that: ‘‘(i) The Secretary of Defense shall specify categories of conduct punishable under the Uniform Code of Mili- tary Justice which are sex offenses as that term is de- fined in the Sex Offender Registration and Notification Act [34 U.S.C. 20901 et seq.], and such other conduct as the Secretary deems appropriate for inclusion for pur- poses of this subparagraph. ‘‘(ii) In relation to persons sentenced by a court mar- tial for conduct in the categories specified under clause (i), the Secretary shall prescribe procedures and imple- ment a system to— ‘‘(I) provide notice concerning the release from con- finement or sentencing of such persons; ‘‘(II) inform such persons concerning registration obligations; and ‘‘(III) track and ensure compliance with registra- tion requirements by such persons during any period of parole, probation, or other conditional release or supervision related to the offense. ‘‘(iii) The procedures and requirements established by the Secretary under this subparagraph shall, to the maximum extent practicable, be consistent with those specified for Federal offenders under the Sex Offender Registration and Notification Act. ‘‘(iv) If a person within the scope of this subpara- graph is confined in a facility under the control of the Bureau of Prisons at the time of release, the Bureau of Prisons shall provide notice of release and inform the person concerning registration obligations under the procedures specified in section 4042(c) of title 18, United States Code.’’ NOTIFICATION OF VICTIMS AND WITNESSES OF STATUS OF PRISONERS IN MILITARY CORRECTIONAL FACILITIES Pub. L. 103–160, div. A, title V, § 552, Nov. 30, 1993, 107 Stat. 1662, directed the Secretary of Defense to pre- scribe procedures, not later than six months after Nov. 30, 1993, for notice of the status of offenders confined in military correctional facilities to be provided to vic- tims and witnesses, to implement a centralized system for the provision of such notice not later than six months after such procedures had been prescribed, to notify Congress upon implementation of the central- ized system of notice, and to submit to Congress a re- port after such system had been in operation for one year, and directed that the requirement to establish procedures and implement a centralized system of no- tice would expire 90 days after receipt of the report. § 952. Parole (a) The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their offenses sub- ject to the authority of that Secretary. (b) In a case in which parole for an offender serving a sentence of confinement for life is de- nied, only the President or the Secretary con- cerned may grant the offender parole on appeal of that denial. The authority to grant parole on appeal in such a case may not be delegated. (Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 105–85, div. A, title V, § 582(a), Nov. 18, 1997, 111 Stat. 1760.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title V, § 582(b), Nov. 18, 1997, 111 Stat. 1760, provided that: ‘‘Subsection (b) of section 952 of title 10, United States Code (as added by subsection (a)), shall apply only with respect to any decision to deny parole made after the date of the enactment of this Act [Nov. 18, 1997].’’ § 953. Remission or suspension of sentence; res- toration to duty; reenlistment For offenders who were at the time of commis- sion of their offenses subject to his authority and who merit such action, the Secretary con- cerned shall establish— (1) a system for the remission or suspension of the unexecuted part of the sentences of se- lected offenders; (2) a system for the restoration to duty of such offenders who have had the unexecuted part of their sentences remitted or suspended and who have not been discharged; and (3) a system for the enlistment of such of- fenders who have had the unexecuted part of their sentences remitted and who have been discharged. (Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287.) § 954. Voluntary extension; probation The Secretary concerned may provide for per- sons who were subject to his authority at the time of commission of their offenses a system for retention of selected offenders beyond expi- ration of normal service obligation in order to voluntarily serve a period of probation with a view to honorable restoration to duty. (Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 288; amended Pub. L. 105–85, div. A, title X, § 1073(a)(12), Nov. 18, 1997, 111 Stat. 1900.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–85 substituted ‘‘his authority’’ for ‘‘this authority’’. § 955. Prisoners transferred to or from foreign countries (a) When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders, the Sec- retary concerned may, with the concurrence of the Attorney General, transfer to such foreign country any offender against chapter 47 of this title. Such transfer shall be effected subject to the terms of such treaty and chapter 306 of title 18. (b) Whenever the United States is party to an agreement on the status of forces under which the United States may request that it take cus- tody of a prisoner belonging to its armed forces who is confined by order of a foreign court, the Secretary concerned may provide for the car- rying out of the terms of such confinement in a military correctional facility of his department or in any penal or correctional institution under the control of the United States or which the United States may be allowed to use. Except as