§ 940a. Art. 140a. Case management; data collection and accessibility

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LXI § 5504(a) · 130 Stat. 2000

   Enacted · 10 U.S.C. § 940a

   Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961

   Enacted provision · exact public law section
   (a) In General.— Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): “§ 940a. Art. 140a. Case management; data collection and accessibility   “The Secretary of Defense shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system, 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 access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.” .

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title V § 534(a) · 133 Stat. 1198

   1. Amended · 10 U.S.C. § 940a

      Pub. L. 116–92 designated existing provisions as subsec. (a)

   2. Substituted · 10 U.S.C. § 940a

      Pub. L. 116–92 inserted heading, in introductory provisions substituted “The Secretary of Defense, in consultation with the Secretary of Homeland Security,” for “The Secretary of Defense”

   3. Inserted · 10 U.S.C. § 940a

      Pub. L. 116–92 inserted “(including with respect to the Coast Guard)” after “military justice system”, in par. (4) inserted “public” before “access to docket information”

   4. Added · 10 U.S.C. § 940a

      Pub. L. 116–92 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) In General.— Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended— (1) by striking “The Secretary of Defense” and inserting “(a) In General.—The Secretary of Defense, in consultation with the Secretary of Homeland Security,”; (2) in subsection (a), as designated by paragraph (1)— (A) in the matter preceding paragraph (1), by inserting “(including with respect to the Coast Guard)” after “military justice system”; and (B) in paragraph (4), by inserting “public” before “access to docket information”; and (3) by adding at the end the following new subsections: “(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.” .

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title V § 543 · 134 Stat. 3388

   Added · 10 U.S.C. § 940a(d)

   Pub. L. 116–283 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–283 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS.   Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(d) Preservation of Court-Martial Records Without Regard to Outcome.— The standards Time period. 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.” .

6 of 6 references resolved to an enrolled provision