COURTS-MARTIAL, FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE.

SEC. 512. COURTS-MARTIAL, FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE. (a) Manner of Prescribing Punishments.—Section 326 of title 32, United States Code, is amended by adding at the end the following new sentence: “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”. (b) Convening Authority.—Section 327 of such title is amended to read as follows: “§327. Courts-martial of National Guard not in Federal service: convening authority “(a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia. “(b) In the National Guard not in Federal service— “(1) general courts-martial may be convened by the President; “(2) special courts-martial may be convened— “(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or “(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and “(3) summary courts-martial may be convened— “(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or “(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment. “(c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).”. (c) Repeal of Superseded and Obsolete Provisions.—(1) Sections 328, 329, 330, 331, 332, and 333 of title 32, United States Code, are repealed. (2) The provisions of law repealed by paragraph (1) shall continue to apply with respect to courts-martial convened in the National Guard not in Federal service before the date of the enactment of this Act. (d) Clerical Amendments.—The table of sections at the beginning of chapter 3 of such title is amended by striking the items relating to sections 327, 328, 329, 330, 331, 332, and 333 and inserting the following: “327. Courts-martial of National Guard not in Federal service: convening authority.”. (e) Models for State Code of Military Justice and State Manual for Courts-Martial.—(1) The Secretary of Defense shall prepare a model State code of military justice and a model State 116 STAT. 2538manual for courts-martial to recommend to the States for use with respect to the National Guard not in Federal service. Both such models shall be consistent with the recommendations contained in the report that was issued in 1998 by the Department of Defense Panel to Study Military Justice in the National Guard not in Federal Service. (2) The Secretary shall ensure that adequate support for the preparation of the model State code of military justice and the model State manual for courts-martial (including the detailing of attorneys and other personnel) is provided by the General Counsel of the Department of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau. (3) If the funds available to the Chief of the National Guard Bureau are insufficient for paying the cost of the National Guard Bureau support required under paragraph (2) (including increased costs of pay of members of the National Guard for additional active duty necessitated by such requirement and increased cost of detailed attorneys and other staff, allowances, and travel expenses related to such support), the Secretary shall, upon request made by the Chief of the Bureau, provide such additional funding as the Secretary determines necessary to satisfy the requirement for such support. (4) Not later than one year after the date of the enactment of this Act, the Secretary shall submit a report on the actions taken to carry out this subsection to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include proposals in final form of both the model State code of military justice and the model State manual for courts-martial required by paragraph (1), together with a discussion of the efforts being made to present those proposals to the States for their consideration for enactment or adoption, respectively. (5) In this subsection, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.