Executive Orders EO 13430 "Rule 914B. Use of remote testimony. (a) General procedures. The military judge shall determine the proce- dures used to take testimony via remote means. At a minimum, all par- ties shall be able to hear each other, those in attendance at the remote site shall be identified, and the accused shall be permitted private, con- temporaneous communication with his counsel. (b) Dej\177'nition. As used in this rule, testimony via "remote means" in- cludes, but is not limited to, testimony by videoteleconference, closed circuit television, telephone, or similar technology." (i) R.C.M. 1001(e)(2)(D) is amended by deleting the "or" before "former testimony" and inserting ", or testimony by remote means" after "former testimony." Sec. 2. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 4.c.(6) is amended by redesignating paragraph (f) as para- graph (g) and inserting the following new paragraph (f): "(f) Article 119a-attempting to kill an unborn child" (b) Paragraph \1772a is amended by replacing the word "Transportation" with the words "Homeland Security". (c) Paragraph 35a is amended to read as follows: "(a) Any person subject to this chapter who -- (\177) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 9\1772a(b) of this title (Article l\1772a(b)); or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under sub- section (b), shall be punished as a court-martial may direct. (b)(\177) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person's blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of- (i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or (ii) the blood alcohol content limit specified in paragraph (3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their re- spective State laws, the Secretary may select one such blood alcohol con- tent limit to apply uniformly on that installation. 207
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