“ Part IV of the Manual for Courts-Martial, United States, 1984, is amended as follows:
a. Paragraph 16 is amended-
(l) in subparagraph b (3) (b) by striking out "had knowledge" and inserting in lieu thereof "knew or reasonably should have known";
(2) by amending subparagraph c (3) (b) to read as follows:
" (b) Knowledge. Actual knowledge of duties may be proved by circumstantial evidence. Actual knowledge need not be shown if the individual reasonably should have known of the duties. ”

“ Sec. 6. These amendments shall take effect on March 1, 1986, with respect to all court-martial processes taken on and after that date:
Provided, That nothing contained in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to that date, and any such restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed ”

“ Death may not be adjudged unless-
" (A) The members find that at least one of the aggravating factors under subsection (c) existed;
" (B) Notice of such factor was provided in accordance with paragraph (1) of this subsection and all members concur in the finding with respect to such factor; and
" (C) All members concur that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances admissible under R.C.M. 1001 (b) (4) , including the factors under subsection (c) of this Rule." ”

“ This may be demonstrated by regulations, training or operating manuals, customs of the service, academic literature or testimony, testimony of persons who have held similar or superior positions, or similar evidence. ”