Executive Order 13140: 1999 Amendments to the Manual for Courts-Martial, United States

President: Bill Clinton

Changed court-martial procedure, evidence and offenses, including rules for child testimony and psychotherapist records.

Status: Superseded. Is Executive Order 13140 still in effect? No. Executive Order 13140 was superseded. See Federal Register record.

What does Executive Order 13140 do?

EO 13140 amended the Manual for Courts-Martial. Its 1999 changes addressed military-judge qualifications, ways a child witness could testify remotely, a psychotherapist-patient privilege with specified exceptions, sentencing evidence, and a reckless-endangerment offense. Most changes took effect on November 1, 1999, but the order set different transition rules for particular evidence and procedure changes. It barred using the amendments to make earlier conduct newly punishable or to increase an earlier offense’s maximum punishment. The Manual has since been revised repeatedly, so current cases require the current Manual and applicable law.

Administration position: The order was a set of military-justice rule changes, with explicit safeguards for earlier conduct and pending cases.
SignedOctober 6, 1999
Federal RegisterOctober 12, 1999, 64 FR 55115
General effective dateNovember 1, 1999
Amended instrumentManual for Courts-Martial

Before and after

Before the order

The Manual used the prior versions of these rules under EO 12473 and subsequent amendments.

After the order

Specified rules changed prospectively under the order’s transition clauses.

Later executive orders continued to revise and republish the Manual.

Who had to do what

Agency / officeActionTiming / position
Military judgesApply the amended procedure and evidence rules when the transition provisions permitCase-specific
Military counselAssess the applicable version of the Manual and relevant offense dateCase-specific
Defense DepartmentIncorporate and maintain Manual amendmentsContinuing revision process

What happened next

EO 13140 adopted amendments to the Manual for Courts-Martial.

Most amendments took effect, with savings rules for cases already under way.

EO 14130 made further amendments to the Manual.

The original order and later revision record were rechecked.