§ 830a. Art. 30a. Proceedings conducted before referral

• (a)
  • (1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
    • (A) Pre-referral investigative subpoenas.
    • (B) Pre-referral warrants or orders for electronic communications.
    • (C) Pre-referral matters referred by an appellate court.
    • (D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
    • (E) Pre-referral matters relating to the following:
      • (i) Pre-trial confinement of an accused.
      • (ii) The mental capacity or mental responsibility of an accused.
      • (iii) A request for an individual military counsel.
  • (2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
    • (A) set forth the matters that a military judge may rule upon in such proceedings;
    • (B) include procedures for the review of such rulings;
    • (C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
    • (D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
  • (3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
• (b) The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
• (c) In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.