10 U.S.C. § 824 — Art. 24. Who may convene summary courts-

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