§822 Art. 22. Who may convene general courts-martial

Revised sectionSource (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 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”.

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.

of 2021 AmendmentAmendment 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

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.

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

and provisions relating to applicability 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 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.”