S.Amdt. 1748

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.''.
______