[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5374 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5374

To provide for the reimbursement of attorney fees incurred by a member 
of the Armed Forces who retains private counsel in response to certain 
 charges brought against the member under the Uniform Code of Military 
  Justice and is acquitted or has the charges dismissed or withdrawn.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2010

 Ms. Granger (for herself, Mr. Thornberry, Mr. Burton of Indiana, Mr. 
  Crenshaw, Mr. Carter, Mrs. Myrick, Mr. Kingston, Mr. Culberson, Mr. 
Wittman, Mr. Neugebauer, and Mr. Olson) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide for the reimbursement of attorney fees incurred by a member 
of the Armed Forces who retains private counsel in response to certain 
 charges brought against the member under the Uniform Code of Military 
  Justice and is acquitted or has the charges dismissed or withdrawn.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A MEMBER OF THE ARMED 
              FORCES WHO RETAINS PRIVATE COUNSEL AND HAS CHARGES 
              BROUGHT UNDER THE UNIFORM CODE OF MILITARY JUSTICE 
              DISMISSED OR WITHDRAWN OR IS ACQUITTED.

    (a) Reimbursement Required Under Certain Circumstances.--Section 
827 of title 10, United States Code (article 27 of the Uniform Code of 
Military Justice), is amended by adding at the end the following new 
subsection:
    ``(d)(1) Nothing in this section (article) prohibits an accused 
from retaining private counsel to serve as defense counsel before a 
general court-martial or special court-martial.
    ``(2)(A) If the accused retains private counsel to represent the 
accused in a case described in subparagraph (B) and all of the charges 
against the accused are dismissed or withdrawn or the accused is 
acquitted on all charges (or some combination of dismissed or withdrawn 
charges and acquittal), the Secretary concerned shall reimburse the 
accused for all attorney fees incurred by the accused in the case.
    ``(B) Subparagraph (A) applies with respect to a case against a 
person subject to this chapter who is accused of any offense in 
violation of this chapter under circumstances involving the treatment 
of an insurgent, enemy combatant, detainee, or a suspected or known 
terrorist.
    ``(C) The Secretary concerned shall provide reimbursement required 
under this paragraph using funds otherwise available to the Secretary 
to carry out this chapter.''.
    (b) Retroactive Application of Amendment.--Paragraph (2) of 
subsection (d) of section 827 of title 10, United States Code (article 
27 of the Uniform Code of Military Justice), as added by subsection 
(a), applies with respect to any charges brought under the Uniform Code 
of Military Justice after September 11, 2001, that involve the 
circumstances described in subparagraph (B) of such paragraph.
                                 <all>