DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.

SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING. (a) Transmittal and Review of Records.—Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking “impractical.—If the Judge Advocate General” and inserting the following: “impracticable.—” “(i) In general.—Subject to clause (ii), if the Judge Advocate General” ; (2) by striking “impractical” and inserting “impracticable”; and (3) by adding at the end the following new clause: “(ii) Cases referred by special trial counsel .—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” . (b) Courts of Criminal Appeals.—Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking “impracticable.—If the Court of Criminal Appeals” and inserting the following:“ Impracticable.— “(i) In general.—Subject to clause (ii), if the Court of Criminal Appeals” ; and (2) by adding at the end the following new clause: “(ii) Cases referred by special trial counsel.—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” . (c) Review by the Court of Appeals for the Armed Forces.—Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.”. (d) Review by Judge Advocate General.—Section 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking “If the Judge Advocate General” and inserting “(i) Subject to clause (ii), if the Judge Advocate General”; (2) by striking “impractical” and inserting “impracticable”; and (3) by adding at the end the following new clause: “(ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” .