Sec. 541. REVIEW OF DECISIONS NOT TO REFER CHARGES OF CERTAIN SEX-RELATED OFFENSES FOR TRIAL BY COURT-MARTIAL IF REQUESTED BY CHIEF PROSECUTOR

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## SEC. 541 REVIEW OF DECISIONS NOT TO REFER CHARGES OF CERTAIN SEX-RELATED OFFENSES FOR TRIAL BY COURT-MARTIAL IF REQUESTED BY CHIEF PROSECUTOR Section 1744(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 981; 10 U.S.C. 834 note) is amended— ####

(1)by striking “

(c)” and all that follows through “ In any case where ” and inserting the following: > > ### “(c) Review of Certain Cases Not Referred to Court-martial > > > #### “(1) Cases not referred following staff judge advocate recommendation for referral for trial > > In any case where” > ; and ####

(2)by adding at the end the following new paragraph: > > #### “(2) Cases not referred by convening authority upon request for review by chief prosecutor > > > ##### “(A) In general > > In any case where a convening authority decides not to refer a charge of a sex-related offense to trial by court-martial, the Secretary of the military department concerned shall review the decision as a superior authority authorized to exercise general court-martial convening authority if the chief prosecutor of the Armed Force concerned, in response to a request by the detailed counsel for the Government, requests review of the decision by the Secretary. > > > ##### “(B) Chief prosecutor defined > > In this paragraph, the term ‘chief prosecutor’ means the chief prosecutor or equivalent position of an Armed Force, or, if an Armed Force does not have a chief prosecutor or equivalent position, such other trial counsel as shall be designated by the Judge Advocate General of that Armed Force, or in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps.” > .

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