Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: . . . (i) R.C.M. 405(e)(1) is amended to read as follows: “(1) Preliminary hearing officer. (A) The convening authority directing the preliminary hearing shall detail an impartial judge advocate, not the accuser, who is certified under Article 27(b)(2) to conduct the hearing. The Judge Advocate General of the armed force of which the officer is a member, or, in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps, shall certify the judge advocate as having the requisite training and experience to serve as the preliminary hearing officer, in accordance with regulations prescribed by the Secretary concerned. (B) When it is impracticable to appoint a judge advocate certified under Article 27(b)(2) due to exceptional circumstances: (i) The convening authority may detail an impartial commissioned officer as the preliminary hearing officer, and (ii) An impartial judge advocate certified under Article 27(b)(2) shall be available to provide legal advice to the detailed preliminary hearing officer. (C) Whenever practicable, the preliminary hearing officer shall be equal or senior in grade to the military counsel detailed to represent the accused and the Government at the preliminary hearing. (D) The Secretary concerned may prescribe additional limitations on the detailing of preliminary hearing officers. (E) The preliminary hearing officer shall not depart from an impartial role and become an advocate for either side. The preliminary hearing officer is disqualified to act later in the same case in any other capacity.”

Original text (before tracking)