Sec. 532. Matters in connection with special trial counsel
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Paragraph (17)(A) of section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1695) and amended by section 531, is further amended by striking section 920 (article 120) and inserting section 919a (article 119a), section 920 (article 120), section 920a (article 120a) . The amendments made by paragraph
(1)shall— take effect on the date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ); and apply with respect to any offenses that occur after that date. The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including but not limited to granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the effective date established in section 539C of the National Defense Authorization Act for fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case. The President shall prescribe in regulation such modifications to Rule 813 of the Rules for Courts-Martial and other Rules as appropriate to ensure that at the beginning of each court-martial convened, the presentation of orders does not in open court specify the name, rank, or position of the convening authority convening such court, unless such convening authority is the Secretary concerned, the Secretary of Defense, or the President. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the Department of Defense in implementing this section, including an identification of— the duties to be transferred under subsection (b); the positions to which those duties will be transferred; and any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer. Not later than February 1, 2025, and annually thereafter for five years, the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating (with respect to the Coast Guard) shall submit to the appropriate congressional committees a report assessing the holistic effect of the reforms contained in subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) on the military justice system. The report shall include the following elements: An overall assessment of the effect such reforms have had on the military justice system and the maintenance of good order and discipline in the ranks. The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of covered offense , disaggregated by offense and military service where possible. An assessment of prevalence and data concerning disposition of cases by commanders after declination of prosecution by special trial counsel, disaggregated by offense and military service when possible. Assessment of the effect, if any, the reforms contained in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses. A description of the resources and personnel required to maintain and execute the reforms made by such subtitle during the reporting period relative to fiscal year 2022. A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of these reforms on the military justice system. In this section, the term appropriate congressional committees means the following: The Committee on Armed Services of the House of Representatives. The Committee on Armed Services of the Senate. The Committee on Transportation and Infrastructure of the House of Representatives. The Committee on Commerce, Science, and Transportation of the Senate.
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Sec. 532
Matters in connection with special trial counsel
Stat.135 Stat. 1695
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