PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2537 officers in a State status. The report shall include the Secretary's determination as to whether changes should be made in those policies. 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) summarj' 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 (c) REPEAL OF SUPERSEDED AND OBSOLETE PROVISIONS.— (1) Sections 328, 329, 330, 331, 332, and 333 of title 32, United States Code, are repealed. (2) The provisions of law repealed by paragraph (1) shall con- Applicability, tinue to apply with respect to courts-martial convened in the 32 USC 328 note. 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 32 USC 327 note. MANUAL FOR COURTS-MARTIAL.— (1) The Secretary of Defense shall prepare a model State code of military justice and a model State
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