10 U.S. Code § 836 - Art. 36. President may prescribe rules

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(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.
(b) All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, § 801(b),Nov. 9, 1979, 93 Stat. 811; Pub. L. 101–510, div. A, title XIII, § 1301(4),Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–366, § 4(a)(3),Oct. 17, 2006, 120 Stat. 2631.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
836(a)
836(b) 50:611(a).
50:611(b). May 5, 1950, ch. 169, § 1 (Art. 36), 64 Stat. 120.

In subsection (a), the word “considers” is substituted for the word “deems”. The word “may” is substituted for the word “shall”.
In subsection (b), the word “under” is substituted for the words “in pursuance of”.
Amendments

2006—Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”.
Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”.
1990—Subsec. (b). Pub. L. 101–510struck out “and shall be reported to Congress” after “as practicable”.
1979—Subsec. (a). Pub. L. 96–107substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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

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32 CFR - National Defense

32 CFR Part 143 - DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE BARGAINING

 

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