§ 1044f. Policies with respect to special trial counsel

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title V § 532(a) · 135 Stat. 1541

   Enacted · 10 U.S.C. § 1044f

   Added Pub. L. 117–81, div. A, title V, § 532(a), Dec. 27, 2021, 135 Stat. 1694

   Source evidence

   Code source credit
   Added Pub. L. 117–81, div. A, title V, § 532(a), Dec. 27, 2021, 135 Stat. 1694

   Enacted provision · exact public law section
   (a) In General.— Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: “§ 1044f. Policies with respect to special trial counsel “(a) Policies Required.— The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall— “(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; “(2) provide for the appointment of one lead special trial counsel, who shall— “(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; “(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and “(C) report directly to the Secretary concerned, without intervening authority; “(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office— “(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and “(B) conduct assigned activities free from unlawful or unauthorized influence or coercion; “(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and “(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. “(b) Uniformity.— The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. “(c) Military Service Defined.— In this section, the term ‘military service’ means the Army, Navy, Air Force, Marine Corps, and Space Force.” .

   Effective date note
   Pub. L. 117–263, div. A, title V, § 545(b), Dec. 23, 2022, 136 Stat. 2584, provided that: “The amendments made subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1694) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”

2. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 545(a)(1) · 136 Stat. 2395

   Substituted · 10 U.S.C. § 1044f(a)

   Pub. L. 117–263, § 545(a)(1), substituted “Subject to subsection (c), the policies shall” for “The policies shall” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–263, § 545(a)(1), substituted “Subject to subsection (c), the policies shall” for “The policies shall” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (a), in the matter preceding paragraph (1), by striking “The policies shall” and inserting “Subject to subsection (c), the policies shall”;

   Effective date note
   Pub. L. 117–263, div. A, title V, § 545(b), Dec. 23, 2022, 136 Stat. 2584, provided that: “The amendments made subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1694) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”

3. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 545(a)(2) · 136 Stat. 2395

   1. Added · 10 U.S.C. § 1044f(c); 10 U.S.C. § 1044f(d)

      Pub. L. 117–263, § 545(a)(2), (3), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 1044f(c); 10 U.S.C. § 1044f(d)

      Pub. L. 117–263, § 545(a)(2), (3), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 117–263, § 545(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (2) by redesignating subsection (c) as subsection (d); and

   Effective date note
   Pub. L. 117–263, div. A, title V, § 545(b), Dec. 23, 2022, 136 Stat. 2584, provided that: “The amendments made subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1694) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”

4 of 4 references resolved to an enrolled provision