Court of Military Appeals Act of 1980
Latest action. Referred to House Committee on Armed Services.
Court of Military Appeals Act of 1980 - Amends the Uniform Code of Military Justice to eliminate the mandatory review by Courts of Military Review and the Court of Military Appeals of sentences affecting general or flag officers. Stipulates that such amendment shall not apply to cases begun before the effective date of this Act. Revises provisions relating to status, jurisdiction, membership, organization, procedure, and administration of the Court of Military Appeals. States with regard to membership, that: (1) the Court shall consist of five members (presently three); and (2) a member must be appointed before reaching 65 years of age, and must be a member of the bar of a Federal court or the highest court of a State. States with regard to organization, that: (1) the seal of the Court shall be judicially noticed; (2) a majority of the Court shall constitute a quorum (presently two judges for a quorum); and (3) the principal office of the Court shall be in the District of Columbia. States with regard to procedure, that: (1) the rules of practice may be prescribed by the Court, and as far as practical, shall be the same as those used before the United States courts of appeal; (2) the accused has 60 days from (a) the date of notification of the decision of a Court of Military Review, or (b) the date on which the decision of a Court of Military Review is deposited with the post office for delivery to the accused, to petition for review. States with regard to administrative procedures, that the Court: (1) shall provide for the publication of its reports for public use; (2) may appoint and fix the pay of necessary employees; and may make necessary expenditures and set fees for the copying of transcripts and other related documents. States with regard to retirement and survivors' annuities, that: (1) a judge of the Court must retire at age 70; (2) a judge who has at least 15 years of service on the Court may retire at age 65; (3) a judge who is not reappointed to the Court may retire if (a) he/she has served on the Court at least 15 years; and (b) he/she advised the President in writing of a willingness to accept such reappointments; (4) a judge who becomes permanently disabled shall be retired; (5) the chief judge may fill a temporary vacancy with a retired judge; (6) specified provisions of the Internal Revenue Code of 1954 relating to judges' retired pay shall apply to judges of the Court in the same manner as such provisions apply to United States Tax Court judges; and (7) judges of the Court may provide annuities to their surviving spouses and dependent children in the same manner and subject to the same conditions as judges of the United States Tax Court under specified provisions of the Internal Revenue Code of 1954, and that annuity deductions shall be deposited in the Treasury as the "Court of Military Appeals judges survivors annuity fund." Sets forth transition provisions regarding: (1) continuation of status; (2) term of office; and (3) employees; (4) senior judges; and (5) retirement. Provides for Supreme Court review by writ of certiorari of: (1) cases reviewed by the Court of Military Appeals in which the sentence extends to death; (2) issues certified to the Court of Military Appeals by the Judge Advocate General; (3) issues reviewed by the Court of Military Appeals upon petition of the accused; and (4) other issues for which the Court of Military Appeals granted relief. States that Appellate Government counsel may represent the United States before the Supreme Court if so requested by the Attorney General in cases arising under the Military Code. Provides for Appellate defense counsel representation in such cases. Makes technical amendments.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 5, 1980. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on February 5, 1980: Referred to House Committee on Armed Services.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
RICHARD WHITE (D-TX) introduced it on February 5, 1980, and 4 members have since signed on as cosponsors.
They come from both major parties: 3 Democrats, 1 Republican.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 5, 1980, 17066 days ago. The most recent recorded action was 17066 days ago, on February 5, 1980.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers