Art. 140a. Case management; data collection and accessibility

10 U.S.C. § 940a

• Title: 10 — Armed Forces
• Chapter: SUBCHAPTER XI—MISCELLANEOUS PROVISIONS

Text

(a) In General.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system (including with respect to the Coast Guard), including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts:
(1) Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146).
(2) Case processing and management.
(3) Timely, efficient, and accurate production and distribution of records of trial within the military justice system.
(4) Facilitation of public access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.
(b) Protection of Certain Personally Identifiable Information.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.
(c) Inapplicability to Certain Dockets and Records.—Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.
(d) Preservation of Court-Martial Records Without Regard to Outcome.—The standards and criteria prescribed by the Secretary of Defense under subsection (a) shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.

History

(Added Pub. L. 114–328, div. E, title LXI, §5504(a), Dec. 23, 2016, 130 Stat. 2961; amended Pub. L. 116–92, div. A, title V, §534(a), Dec. 20, 2019, 133 Stat. 1361; Pub. L. 116–283, div. A, title V, §543, Jan. 1, 2021, 134 Stat. 3613.)

Editorial Notes

Editorial Notes

Amendments
2021—Subsec. (d). Pub. L. 116–283 added subsec. (d).
2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, in introductory provisions substituted "The Secretary of Defense, in consultation with the Secretary of Homeland Security," for "The Secretary of Defense" and inserted "(including with respect to the Coast Guard)" after "military justice system", in par. (4) inserted "public" before "access to docket information", and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date
Pub. L. 114–328, div. E, title LXI, §5504(b), Dec. 23, 2016, 130 Stat. 2961, provided that:
"(1) In general.—Not later than 2 years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a).
"(2) Standards and criteria.—Not later than 4 years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect."
Except as otherwise provided, section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.

Application of Existing Standards and Criteria to Coast Guard
Pub. L. 116–92, div. A, title V, §534(b), Dec. 20, 2019, 133 Stat. 1362, provided that: "The Secretary of Homeland Security shall apply to the Coast Guard the standards and criteria for conduct established by the Secretary of Defense under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as in effect on the day before the date of the enactment of this Act [Dec. 20, 2019], until such time as the Secretary of Defense, in consultation with the Secretary of Homeland Security, prescribes revised standards and criteria for conduct under such section that implement the amendments made by subsection (a) of this section [amending this section]."

Editorial Notes

Amendments
2017—Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, §5541(8). See 2016 Amendment note below.
2016—Pub. L. 114–328, div. E, title LXIII, §5541(8), Dec. 23, 2016, 130 Stat. 2967, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, added item 946a and substituted "Military Justice Review Panel" for "Code committee" in item 946.
1994—Pub. L. 103–337, div. A, title IX, §924(c)(3)(A), Oct. 5, 1994, 108 Stat. 2831, substituted "UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES" for "COURT OF MILITARY APPEALS" as subchapter heading.
1990—Pub. L. 101–510, div. A, title XIV, §1484(i)(2), Nov. 5, 1990, 104 Stat. 1718, redesignated subchapter XI as XII.