Sec. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL

946 words·~4 min read·/statute-compilations/comps-17475/sec-541

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 541 MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL ###

(a)Definition of Covered Offense ####

(1)In general Section 801(17)(A) of title 10, United States Code (article 1(17)(A) 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), is amended by striking “section 920 (article 136 STAT. 2580 120)” and inserting “section 919a (article 119a), section 920 (article 120), section 920a (article 120a)”. ####

(2)Effective date **[**[10 U.S.C. 801 note](/us/usc/t10/s801)**]** The amendments made by paragraph

(1)shall take effect immediately after the coming into effect of the amendments made by section 533 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695) as provided in section 539C of that Act (10 U.S.C. 801 note) and shall apply with respect to offenses that occur after that date. ###

(b)Inclusion of Sexual Harassment as Covered Offense ####

(a)of this section, is further amended— #####

(A)by striking “or”; and #####

(B)by striking “of this title” and inserting “, or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title in each instance in which a formal complaint is made and such formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned”. ####

(2)Effective date **[**[10 U.S.C. 810 note](/us/usc/t10/s810)**]** The amendments made by paragraph

(1)shall take effect on January 1, 2025, and shall apply with respect to offenses that occur after that date. ###

(c)Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered Cases **[**[10 U.S.C. 824a note](/us/usc/t10/s824a)**]** The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including 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) (as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1692)), 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. ###

(d)Amendment to the Rules for Courts-Martial 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. ###

(e)Briefing Required 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— ####

(1)the duties to be transferred under subsection (c); ####

(2)the positions to which those duties will be transferred; and ####

(3)any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer. ###

(f)Additional Reporting Relating to Implementation of Subtitle D of Title V of the National Defense Authorization Act for Fiscal Year 2022 Not later than February 1, 2025, and annually thereafter for five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives 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: ####

(1)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. ####

(2)The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of “covered offense” under section 801(17) of title 10, United States Code (article 1(17) 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 17 Stat. 1695)), disaggregated by offense and military service where possible. ####

(3)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. ####

(4)Assessment of the effect, if any, the reforms contained in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses. ####

(5)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. ####

(6)A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of those reforms on the military justice system.

Connectionstraces to 4

Traces to 4 documents

public-private-law