Sec. 536. PRELIMINARY HEARING

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## SEC. 536 PRELIMINARY HEARING ###

(a)Detail of Hearing Officer; Waiver Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— ####

(1)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).”; ####

(2)in subparagraph (B), by striking “ written waiver ” and all that follows through the period at the end and inserting the following: > “written waiver to— > > > ###### “(i) > > except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and > > > ###### “(ii) > > 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 ####

(3)by adding at the end the following new subparagraph: > > ##### “(C) > > > ######

(i)> > Except as provided in clause (ii), the convening authority shall detail a hearing officer. > > > ###### “(ii) > > 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.” > . ###

(b)Report of Preliminary Hearing Officer Subsection

(c)of such section is amended— ####

(1)in the heading, by inserting “or Special Trial Counsel” after “Convening Authority”; and ####

(2)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,”.