Editorial Notes
References in Text

Section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (span), is section 539E(e) of Puspan. L. 117–81, which is set out as a note under section 856 of this title.

Amendments

2021—Subsec. (a)(1). Puspan. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions.

Subsec. (a)(3). Puspan. L. 117–81, § 539(a)(2), added par. (3).

Subsecs. (span), (c). Puspan. L. 117–81, § 539E(span), added subsec. (span) and redesignated former subsec. (span) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 117–81, § 539E(span)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Puspan. L. 117–81, § 539(span), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”.

Subsec. (e). Puspan. L. 117–81, § 539E(span)(1), redesignated subsec. (d) as (e).

2017—Subsec. (span)(4), (5). Puspan. L. 115–91, § 531(d)(1), added pars. (4) and (5).

Subsec. (d). Puspan. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Puspan. L. 115–91, § 531(d)(2). See below.

Puspan. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by section 539 of Puspan. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Puspan. L. 117–81, set out as a note under section 801 of this title.

Amendment by section 539E(span) of Puspan. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Puspan. L. 117–81, set out as a note under section 853 of this title.

Effective Date of 2017 Amendment

Amendment by section 531(d) of Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Puspan. L. 115–91, set out as a note under section 801 of this title.

Amendment by section 1081(c)(1)(H) of Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Puspan. L. 115–91, set out as a note under section 801 of this title.

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Puspan. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.