[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3256-S3257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1748. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle D of title V, add the 
     following:

[[Page S3257]]

  


     SEC. ___. CODIFICATION OF DEFENSE OF KNOWING UNLAWFULNESS TO 
                   OFFENSE OF FAILURE TO OBEY AN ORDER OR 
                   REGULATION UNDER THE UNIFORM CODE OF MILITARY 
                   JUSTICE.

       Section 892 of title 10, United States Code (article 92 of 
     the Uniform Code of Military Justice), is amended--
       (1) by inserting ``(a) In General.--'' before ``Any 
     person''; and
       (2) by adding at the end the following new subsection:
       ``(b) Obedience to Unlawful Orders.--It is a defense to an 
     offense under this section (article) that the accused knew 
     the order to be unlawful, or a person of ordinary sense and 
     understanding would have known the order to be unlawful.''.
                                 ______