Sec. 536. Preliminary hearing
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Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required. ; and by adding at the end the following new subparagraph:
Except as provided in clause (ii), the convening authority shall detail a hearing officer. If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President. . Subsection
(c)of such section is amended— in the heading, by inserting after or special trial counsel ; and convening authority in the matter preceding paragraph
(1)by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel, .