Amendment of Subsection (b)
Pub. L. 117–81, div. A, title V, §§ 534(a), 539C, Dec. 27, 2021, 135 Stat. 1696, 1699, provided that, 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, subsection (b) of this section is amended:
(1) by striking “If any” and inserting “(1) If any”; and
(2) by adding at the end the following new paragraph:
(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.
See 2021 Amendment note below.
Subsection (a)(2) is substituted for the words “the Secretary of a Department”.
In subsection (a)(4), the words “continental limits of the” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia.
In subsection (a)(6), the words “any other commanding officer” are substituted for the words “such other commanding officers as may be”.
In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
Editorial Notes
Amendments
2021—Subsec. (a)(7). Pub. L. 116–283 substituted “Marine Corps, or the commanding officer of a corresponding unit of the Space Force” for “Marine Corps”.
Subsec. (b). Pub. L. 117–81 designated existing provisions as par. (1) and added par. (2).
2016—Subsec. (a)(6). Pub. L. 114–328 struck out “in chief” after “the commander”.
2006—Subsec. (a)(5). Pub. L. 109–163 struck out “a Territorial Department,” before “an Army Group”.
1986—Subsec. (a)(2) to (9). Pub. L. 99–433 added pars. (2) and (3) and redesignated existing pars. (2) to (7) as (4) to (9), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 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 a note under section 801 of this title.
Training for Sexual Assault Initial Disposition Authorities on Exercise of Disposition Authority for Sexual Assault and Collateral Offenses
Pub. L. 116–92, div. A, title V, § 540A, Dec. 20, 2019, 133 Stat. 1365, provided that:
“(a) In General.—
The training for sexual assault initial disposition authorities on the exercise of disposition authority under
chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the
military justice process with respect to such cases.
“(b) Memorandum Described.—
The memorandum described in this subsection is the memorandum of the
Secretary of Defense titled ‘Withholding Initial Disposition Authority Under the
Uniform Code of Military Justice in Certain Sexual Assault Cases’ and dated
April 20, 2012, or any successor memorandum.”
