(a)
(b)
(1)
(A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7.
(c)
(1)
(2)
(A)
(B)
(3)
(A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;
(B) refer the charges and specifications for trial by a special or general court-martial;
(C) enter into a plea agreement; and
(D) determine if an authorized rehearing is impracticable.
(4)
(5)
(d)
(1)
(A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
(B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023.
(C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
(D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81).
(E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82).
(F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80).
(2)
(A) The standalone offense of sexual harassment punishable under section 934 of this title (article 134) in each instance in which—
(i) the offense occurs after January 26, 2022, and on or before January 1, 2025; and
(ii) a formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned.
(B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81).
(C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82).
(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).
(3)
(A)
(B)
Editorial Notes
Amendments
2024—Subsec. (d)(1)(A). Pub. L. 118–159, §562(1), substituted "section 919a (article 119a), section 920 (article 120), section 920a (article 120a)," for "section 920 (article 120),".
Subsec. (d)(2), (3). Pub. L. 118–159, §562(2), (3), added par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(3)(A). Pub. L. 118–159, §562(4)(A), inserted "or (2)" after "paragraph (1)".
Subsec. (d)(3)(B). Pub. L. 118–159, §562(4)(B), substituted "subsection (c)(2)(A) or paragraph (1) or (2) of this subsection" for "paragraph (1)".
2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).
2022—Subsec. (c)(3). Pub. L. 117–263, §542(a)(1), substituted "Subject to paragraph (5)" for "Subject to paragraph (4)" in introductory provisions.
Subsec. (c)(3)(D). Pub. L. 117–263, §542(a)(2), substituted "an authorized rehearing" for "an ordered rehearing".
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Amendment by Pub. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Pub. L. 117–81, see section 531(e) of Pub. L. 118–31, set out as a note under section 816 of this title.
Effective Date of 2022 Amendment
Pub. L. 117–263, div. A, title V, §542(b), Dec. 23, 2022, 136 Stat. 2581, provided that: "The amendments made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note)."
Effective Date
Section effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 801 of this title.
Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered Cases
Pub. L. 117–263, div. A, title V, §541(c), Dec. 23, 2022, 136 Stat. 2580, provided that: "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."