Inapplicability to retired members of punitive articles affecting political speech

Section 802 of title 10, United States Code (article 2 of the Uniform Code of Military Justice) is amended— (1) in subsection (a), by striking The following persons and inserting Except as provided in subsection (e), the following persons; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) (1) With respect to members to whom the provisions of this chapter are made applicable by paragraphs (4), (5), (6), and (14) of subsection (a), except as provided in paragraph (2) of this subsection, the provisions of subchapter X shall not be applicable to any— (A) conduct of such members which constitutes or pertains to political speech; (B) expressions pertaining to the actions, character, motivations, qualifications, or other attributes of government officials; or (C) statements of the law. (2) The exception under paragraph (1) shall not apply to a member— (A) to whom this chapter is applicable under a paragraph of subsection (a) other than one of the paragraphs referenced in paragraph (1) of this subsection; or (B) who is wearing a military uniform..