10 U.S. Code § 830a. Art. 30a. Certain proceedings conducted before referral

(a)In General.—
(1)Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President:
Pre-referral investigative subpoenas.
Pre-referral warrants or orders for electronic communications.
Pre-referral matters referred by an appellate court.
Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
(2) The regulations prescribed under paragraph (1) shall—
include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and
provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
(b)Detail of Judge.—
The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
(c)Discretion to Designate Magistrate to Preside.—
In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.
(Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904; amended Pub. L. 115–91, div. A, title V, § 531(b), Dec. 12, 2017, 131 Stat. 1384.)
Delayed Effective Date

For delayed effective date of section, see Effective Date note below.


2017—Subsec. (a)(1). Pub. L. 115–91, § 531(b)(1), inserted “, or otherwise act on,” after “to review” in introductory provisions.

Subsec. (a)(1)(D). Pub. L. 115–91, § 531(b)(2), added subpar. (D).

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.