PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE.

SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE. (a) Establishment.— The Secretary of Defense shall establish a panel to review the various authorities for court-martial and nonjudicial punishment jurisdiction for the National Guard not in Federal service and the use of those authorities. (b) Membership.— The Secretary shall appoint the members of the panel so as to ensure representation of the following: (1) The State Adjutants General of the National Guard. (2) The State Attorneys General. (3) The Joint Service Committee on Military Justice of the Department of Defense. (c) Duties.— Matters reviewed by the panel shall include the following: (1) The extent of the use of court-martial and nonjudicial punishment authority for the National Guard not in Federal service. (2) The extent to which the authority used is— (A) authority under title 32, United States Code; or (B) authority under State law. (d) Report.— (1) Not later than February 1, 1997, the panel shall submit a report on the panel’s findings and conclusions to the Secretary of Defense. (2) The report shall include recommended legislation for amending title 32, United States Code— (A) to increase the uniformity in State use of courts-martial and nonjudicial punishment for the National Guard when not in Federal service; and (B) to achieve increased comparability between the court-martial and nonjudicial punishment procedures that are applicable to the National Guard not in Federal service and the court-martial and nonjudicial punishment procedures that are applicable under the Uniform Code of Military Justice to the National Guard in Federal service. (e) Submission of Report to Congress.— Not later than March 1, 1997, the Secretary of Defense shall submit to Congress the report of the panel under subsection (d) together with the views of the Secretary regarding the report and the matters covered in the report.