10 U.S.C. § 823 — Art. 23. Who may convene special courts-

Page 735 TITLE 10—ARMED FORCES § 823 (6) the commander of a fleet; the com- manding officer of a naval station or larger shore activity of the Navy beyond the United States; (7) the commanding officer of an air com- mand, an air force, an air division, or a sepa- rate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force; (8) any other commanding officer designated by the Secretary concerned; or (9) any other commanding officer in any of the armed forces when empowered by the President. (b)(1) If any such commanding officer is an ac- cuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desir- able by him. (2) A commanding officer shall not be consid- ered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifica- tions were referred by a special trial counsel in accordance with this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99–433, title II, § 211(b), Oct. 1, 1986, 100 Stat. 1017; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 114–328, div. E, title LV, § 5181, Dec. 23, 2016, 130 Stat. 2899; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(A), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(a), Dec. 27, 2021, 135 Stat. 1696.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 822(a) ...... 822(b) ...... 50:586(a). 50:586(b). May 5, 1950, ch. 169, § 1 (Art. 22), 64 Stat. 115. 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 de- fines the United States to include the States and the District of Columbia. In subsection (a)(6), the words ‘‘any other com- manding 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 sub- stituted for the words ‘‘when deemed’’. Editorial Notes AMENDMENTS 2021—Subsec. (a)(7). Pub. L. 116–283 substituted ‘‘Ma- rine Corps, or the commanding officer of a cor- responding unit of the Space Force’’ for ‘‘Marine Corps’’. Subsec. (b). Pub. L. 117–81 designated existing provi- sions 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 Ter- ritorial 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 pro- visions for delayed effect and applicability if regula- tions 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. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes 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 ini- tial disposition authorities on the exercise of disposi- tion 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 de- scribed in this subsection is the memorandum of the Secretary of Defense titled ‘Withholding Initial Dis- position Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases’ and dated April 20, 2012, or any successor memorandum.’’ § 823. Art. 23. Who may convene special courts- martial (a) Special courts-martial may be convened by— (1) any person who may convene a general court-martial; (2) the commanding officer of a district, gar- rison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty; (3) the commanding officer of a brigade, regi- ment, detached battalion, or corresponding unit of the Army; (4) the commanding officer of a wing, group, or separate squadron of the Air Force or a cor- responding unit of the Space Force; (5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or cor- responding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty; (6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or (7) the commanding officer or officer in charge of any other command when empow- ered by the Secretary concerned. (b)(1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him. Page 736 TITLE 10—ARMED FORCES § 824 (2) A commanding officer shall not be consid- ered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifica- tions were referred by a special trial counsel in accordance with this chapter. (Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), Dec. 27, 2021, 135 Stat. 1696, 1920.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 823(a) ...... 823(b) ...... 50:587(a). 50:587(b). May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115. In subsection (a)(7), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of a Depart- ment’’. In subsection (b), the word ‘‘If’’ is substituted for the word ‘‘When’’. The words ‘‘if considered’’ are sub- stituted for the words ‘‘when deemed’’. Editorial Notes AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), in- serted comma after ‘‘Army’’. Pub. L. 116–283, § 924(b)(21)(B)(i), substituted ‘‘Air Force or Space Force military installation’’ for ‘‘Air Force base’’ and ‘‘the Air Force, or the Space Force’’ for ‘‘or the Air Force’’. Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), in- serted ‘‘or a corresponding unit of the Space Force’’ after ‘‘Air Force’’. Subsec. (b). Pub. L. 117–81, § 534(b), designated exist- ing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 534(b) of Pub. L. 117–81 effec- tive 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 appli- cability if regulations are not prescribed by the Presi- dent 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 824. Art. 24. Who may convene summary courts- martial (a) Summary courts-martial may be convened by— (1) any person who may convene a general or special court-martial; (2) the commanding officer of a detached company, or other detachment of the Army; (3) the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or (4) the commanding officer or officer in charge of any other command when empow- ered by the Secretary concerned. (b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent au- thority when considered desirable by him. (Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(C), Jan. 1, 2021, 134 Stat. 3824.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 824(a) ...... 824(b) ...... 50:588(a). 50:588(b). May 5, 1950, ch. 169, § 1 (Art. 24), 64 Stat. 116. In subsection (a)(4), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of a Depart- ment’’. In subsection (b), the words ‘‘only one commissioned’’ are substituted for the words ‘‘but one’’ for clarity. The word ‘‘considered’’ is substituted for the word ‘‘deemed’’. Editorial Notes AMENDMENTS 2021—Subsec. (a)(3). Pub. L. 116–283 inserted ‘‘or a cor- responding unit of the Space Force’’ after ‘‘Air Force’’. § 824a. Art. 24a. Special trial counsel (a) DETAIL OF SPECIAL TRIAL COUNSEL.—Each Secretary concerned shall promulgate regula- tions for the detail of commissioned officers to serve as special trial counsel. (b) QUALIFICATIONS.—A special trial counsel shall be a commissioned officer who— (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 tempera- ment, for duty as a special trial counsel by— (i) the Judge Advocate General of the armed force of which the officer is a mem- ber; 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) DUTIES AND AUTHORITIES.— (1) IN GENERAL.—Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Sec- retary concerned, by regulation. (2) DETERMINATION OF COVERED OFFENSE; RE- LATED CHARGES.— (A) AUTHORITY.—A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such of- fense in accordance with this chapter. Any determination to prefer or refer charges