32 CFR 143.8 - Guidelines.

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§ 143.8 Guidelines.
The guidelines for making certain factual determinations are as follows:
(a) In determining whether an organization is a military labor organization, whether a person is a member of a military labor organization, or whether such person or organization is in violation of any provision of this part, the history and operation of the organization (including its constitution and bylaws, if any) or person in question may be evaluated, along with evidence on the conduct constituting a prohibited act.
(b) In determining whether the commission of a prohibited act by a person can be imputed to the organization, examples of factors that may be considered include: The frequency of such act; the position in the organization of persons committing the act; whether the commission of such act was known by the leadership of the organization; whether the commission of the act was condemned or disavowed by the leadership of the organization.
(c) Any information about persons and organizations not affiliated with the Department of Defense needed to make the determinations required by this part shall be gathered in strict compliance with the provisions of DoD Directive 5200.27 1 and shall not be acquired by counterintelligence or security investigative personnel. The organization itself shall be considered a primary source of information.

Footnote(s):
1 Copies are available at http://www.dtic.mil/whs/directives.

Title 32 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 10 - ARMED FORCES

§ 801 - Article 1. Definitions

§ 802 - Art. 2. Persons subject to this chapter

§ 803 - Art. 3. Jurisdiction to try certain personnel

§ 804 - Art. 4. Dismissed officer’s right to trial by court-martial

§ 805 - Art. 5. Territorial applicability of this chapter

§ 806 - Art. 6. Judge advocates and legal officers

§ 806a - Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges

§ 807 - Art. 7. Apprehension

§ 808 - Art. 8. Apprehension of deserters

§ 809 - Art. 9. Imposition of restraint

§ 810 - Art. 10. Restraint of persons charged with offenses

§ 811 - Art. 11. Reports and receiving of prisoners

§ 812 - Art. 12. Confinement with enemy prisoners prohibited

§ 813 - Art. 13. Punishment prohibited before trial

§ 814 - Art. 14. Delivery of offenders to civil authorities

§ 815 - Art. 15. Commanding officer’s non-judicial punishment

§ 816 - Art. 16. Courts-martial classified

§ 817 - Art. 17. Jurisdiction of courts-martial in general

§ 818 - Art. 18. Jurisdiction of general courts-martial

§ 819 - Art. 19. Jurisdiction of special courts-martial

§ 820 - Art. 20. Jurisdiction of summary courts-martial

§ 821 - Art. 21. Jurisdiction of courts-martial not exclusive

§ 822 - Art. 22. Who may convene general courts-martial

§ 823 - Art. 23. Who may convene special courts-martial

§ 824 - Art. 24. Who may convene summary courts-martial

§ 825 - Art. 25. Who may serve on courts-martial

§ 825a - Art. 25a. Number of members in capital cases

§ 826 - Art. 26. Military judge of a general or special court-martial

§ 827 - Art. 27. Detail of trial counsel and defense counsel

§ 828 - Art. 28. Detail or employment of reporters and interpreters

§ 829 - Art. 29. Absent and additional members

§ 830 - Art. 30. Charges and specifications

§ 831 - Art. 31. Compulsory self-incrimination prohibited

§ 832 - Art. 32. Investigation

§ 833 - Art. 33. Forwarding of charges

§ 834 - Art. 34. Advice of staff judge advocate and reference for trial

§ 835 - Art. 35. Service of charges

§ 836 - Art. 36. President may prescribe rules

§ 837 - Art. 37. Unlawfully influencing action of court

§ 838 - Art. 38. Duties of trial counsel and defense counsel

§ 839 - Art. 39. Sessions

§ 840 - Art. 40. Continuances

§ 841 - Art. 41. Challenges

§ 842 - Art. 42. Oaths

§ 843 - Art. 43. Statute of limitations

§ 844 - Art. 44. Former jeopardy

§ 845 - Art. 45. Pleas of the accused

§ 846 - Art. 46. Opportunity to obtain witnesses and other evidence

§ 847 - Art. 47. Refusal to appear or testify

§ 848 - Art. 48. Contempts

§ 849 - Art. 49. Depositions

§ 850 - Art. 50. Admissibility of records of courts of inquiry

§ 850a - Art. 50a. Defense of lack of mental responsibility

§ 851 - Art. 51. Voting and rulings

§ 852 - Art. 52. Number of votes required

§ 853 - Art. 53. Court to announce action

§ 854 - Art. 54. Record of trial

§ 855 - Art. 55. Cruel and unusual punishments prohibited

§ 856 - Art. 56. Maximum limits

§ 856a - Art. 56a. Sentence of confinement for life without eligibility for parole

§ 857 - Art. 57. Effective date of sentences

§ 857a - Art. 57a. Deferment of sentences

§ 858 - Art. 58. Execution of confinement

§ 858a - Art. 58a. Sentences: reduction in enlisted grade upon approval

§ 858b - Art. 58b. Sentences: forfeiture of pay and allowances during confinement

§ 859 - Art. 59. Error of law; lesser included offense

§ 860 - Art. 60. Action by the convening authority

§ 861 - Art. 61. Waiver or withdrawal of appeal

§ 862 - Art. 62. Appeal by the United States

§ 863 - Art. 63. Rehearings

§ 864 - Art. 64. Review by a judge advocate

§ 865 - Art. 65. Disposition of records

§ 866 - Art. 66. Review by Court of Criminal Appeals

§ 867 - Art. 67. Review by the Court of Appeals for the Armed Forces

§ 867a - Art. 67a. Review by the Supreme Court

§ 868 - Art. 68. Branch offices

§ 869 - Art. 69. Review in the office of the Judge Advocate General

§ 870 - Art. 70. Appellate counsel

§ 871 - Art. 71. Execution of sentence; suspension of sentence

§ 872 - Art. 72. Vacation of suspension

§ 873 - Art. 73. Petition for a new trial

§ 874 - Art. 74. Remission and suspension

§ 875 - Art. 75. Restoration

§ 876 - Art. 76. Finality of proceedings, findings, and sentences

§ 876a - Art. 76a. Leave required to be taken pending review of certain court-martial convictions

§ 876b - Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

§ 877 - Art. 77. Principals

§ 878 - Art. 78. Accessory after the fact

§ 879 - Art. 79. Conviction of lesser included offense

§ 880 - Art. 80. Attempts

§ 881 - Art. 81. Conspiracy

§ 882 - Art. 82. Solicitation

§ 883 - Art. 83. Fraudulent enlistment, appointment, or separation

§ 884 - Art. 84. Unlawful enlistment, appointment, or separation

§ 885 - Art. 85. Desertion

§ 886 - Art. 86. Absence without leave

§ 887 - Art. 87. Missing movement

§ 888 - Art. 88. Contempt toward officials

§ 889 - Art. 89. Disrespect toward superior commissioned officer

§ 890 - Art. 90. Assaulting or willfully disobeying superior commissioned officer

§ 891 - Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer

§ 892 - Art. 92. Failure to obey order or regulation

§ 893 - Art. 93. Cruelty and maltreatment

§ 894 - Art. 94. Mutiny or sedition

§ 895 - Art. 95. Resistance, flight, breach of arrest, and escape

§ 896 - Art. 96. Releasing prisoner without proper authority

§ 897 - Art. 97. Unlawful detention

§ 898 - Art. 98. Noncompliance with procedural rules

§ 899 - Art. 99. Misbehavior before the enemy

§ 900 - Art. 100. Subordinate compelling surrender

§ 901 - Art. 101. Improper use of countersign

§ 902 - Art. 102. Forcing a safeguard

§ 903 - Art. 103. Captured or abandoned property

§ 904 - Art. 104. Aiding the enemy

§ 905 - Art. 105. Misconduct as prisoner

§ 906 - Art. 106. Spies

§ 906a - Art. 106a. Espionage

§ 907 - Art. 107. False official statements

§ 908 - Art. 108. Military property of United States—Loss, damage, destruction, or wrongful disposition

§ 909 - Art. 109. Property other than military property of United States—Waste, spoilage, or destruction

§ 910 - Art. 110. Improper hazarding of vessel

§ 911 - Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel

§ 912 - Art. 112. Drunk on duty

§ 912a - Art. 112a. Wrongful use, possession, etc., of controlled substances

§ 913 - Art. 113. Misbehavior of sentinel

§ 914 - Art. 114. Dueling

§ 915 - Art. 115. Malingering

§ 916 - Art. 116. Riot or breach of peace

§ 917 - Art. 117. Provoking speeches or gestures

§ 918 - Art. 118. Murder

§ 919 - Art. 119. Manslaughter

§ 919a - Art. 119a. Death or injury of an unborn child

§ 920 - Art. 120. Rape and sexual assault generally

§ 920a - Art. 120a. Stalking

§ 920b - Art. 120b. Rape and sexual assault of a child

§ 920c - Art. 120c. Other sexual misconduct

§ 921 - Art. 121. Larceny and wrongful appropriation

§ 922 - Art. 122. Robbery

§ 923 - Art. 123. Forgery

§ 923a - Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds

§ 924 - Art. 124. Maiming

§ 925 - Art 125. Forcible sodomy; bestiality

§ 926 - Art. 126. Arson

§ 927 - Art. 127. Extortion

§ 928 - Art. 128. Assault

§ 929 - Art. 129. Burglary

§ 930 - Art. 130. Housebreaking

§ 931 - Art. 131. Perjury

§ 932 - Art. 132. Frauds against the United States

§ 933 - Art. 133. Conduct unbecoming an officer and a gentleman

§ 934 - Art. 134. General article

§ 935 - Art. 135. Courts of inquiry

§ 936 - Art. 136. Authority to administer oaths and to act as notary

§ 937 - Art. 137. Articles to be explained

§ 938 - Art. 138. Complaints of wrongs

§ 939 - Art. 139. Redress of injuries to property

§ 940 - Art. 140. Delegation by the President

§ 976 - Membership in military unions, organizing of military unions, and recognition of military unions prohibited