§ 946. Art. 146. Military Justice Review Panel

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. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XIII § 1301(c) · 103 Stat. 1352

   Enacted · 10 U.S.C. § 946

   Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1574

   Source evidence

   Code source credit
   Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1574

   Enacted provision · exact public law section
   (c) Restatement and Revision of COMA Charter.— Chapter 47 of such title is amended by adding at the end the following new subchapter: “SUBCHAPTER XI— COURT OF MILITARY APPEALS “Sec. Art. “941. Status. “942. Judges. “943. Organization and employees. “944. Procedure. “945. Annuities for judges and survivors. “946. Code committee. “§ 941. Art. 141. Status “There is a court of record known as the United States Court of Military Appeals. The court is established under article I of the Constitution. The court is located for administrative purposes only in the Department of Defense. “§ 942. Art. 142. Judges “(a) Number.— The United States Court of Military Appeals consists of five judges. “(b) Appointment; Qualification.— (1) Each judge of the court shall be appointed from civil life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e). “(2) The term of a judge shall expire as follows: “(A) In the case of a judge who is appointed after March 31 and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the appointment occurs. “(B) In the case of a judge who is appointed after September 30 of any year and before April 1 of the following year, the term shall expire fifteen years after such September 30. “(3) Not more than three of the judges of the court may be appointed from the same political party, and no person may be appointed to be a judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State. “(c) Removal.— Judges of the court may be removed from office by the President, upon notice and hearing, for— “(1) neglect of duty; “(2) misconduct; or “(3) mental or physical disability. A judge may not be removed by the President for any other cause. “(d) Pay and Allowances.— Each judge of the court is entitled to the same salary and travel allowances as are, and from time to time may be, provided for judges of the United States Courts of Appeals. “(e) Senior Judges.— (1) A former judge of the court who is receiving retired pay or an annuity under section 945 of this title (article 145) or under subchapter III of chapter 83 or chapter 84 of title 5 shall be a senior judge. “(2) (A) The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court— “(i) during a period a judge of the court is unable to perform his duties because of illness or other disability; “(ii) during a period in which a position of judge of the court is vacant; or “(iii) in any case in which a judge of the court recuses himself. “(B) A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (article 145), subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, or any other retirement system for employees of the Federal Government. “(3) A senior judge, while performing duties referred to in paragraph (2), shall he provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court. “(4) A senior judge shall be considered to be an officer or employee of the United States with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior jud^e shall be considered to be a special government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall apply to a senior judge only during such periods. “(5) The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Committees on Armed Services of the Senate and the House of Representatives not later than 15 days after the issuance of such rules or amendments, as the case may be. “(6) For purposes of subchapter HI of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and chapter 84 of such title (relating to the Federal Employees’ Retirement System) and for purposes of any other Federal Government retirement system for employees of the Federal Government— “(A) a period during which a senior judge performs duties referred to in paragraph (2) shall not be considered creditable service; “(B) no amount shall be withheld from the pay of a senior judge as a retirement contribution under section 8334, 8343, 8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (2); “(C) no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge for any period during which the senior judge performs duties referred to in paragraph (2); and “(D) a senior judge shall not be considered to be a reemployed annuitant for any period during which the senior judge performs duties referred to in paragraph (2). “(f) Service of Article III Judges.— (1) The Chief Justice of the United States, upon the request of the chief judge of the court, may designate a judge of a United States court of appeals or of a United States district court to perform the duties of judge of the United States Court of Military Appeals— “(A) during a period a judge of the court is unable to perform his duties because of illness or other disability; or “(B) in any case in which a judge of the court recuses himself. “(2) A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned. “(3) Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court. “(g) Effect of Vacancy on Court.— A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court “§ 943. Art 143. Organization and employees “(a) Chief Judge.— The President shall designate from time to time one of the judges of the United States Court of Military Appeals to be chief judge of the court. “(b) Precedence of Judges.— The chief judge of the court shall have precedence and preside at any session that he attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date snail have precedence according to seniority in age. “(c) Status of Attorney Positions.— (1) Attorney positions of employment under the Court of Military Appeals are excepted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, in the same manner as appointments are made to other executive branch positions of a confidential or policy-determining character for which it is not practicable to examine or to hold a competitive examination. Such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law. “(2) In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5). “§ 944. Art. 144. Procedure “The United States Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum. “§ 945. Art. 145. Annuities for judges and survivors “(a) Retirement Annuities for Judges.— (1) A person who has completed a term of service for which he was appointed as a judge of the United States Court of Military Appeals is eligible for an annuity under this section upon separation from civilian service in the Federal Government. “(2) A person who is eligible for an annuity under this section shall be paid that annuity if, at the time he becomes eligible to receive that annuity, he elects to receive that annuity in lieu of any other annuity for which he may be eligible at the time of such election (whether an immediate or a deferred annuity) under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5 or any other retirement system for civilian employees of the Federal Government. Such an election may not be revoked. “(3) (A) The Secretary of Defense shall notify the Director of the Office of Personnel Management whenever an election under paragraph (2) is made affecting any right or interest under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5 based on service as a judge of the United States Court of Military Appeals. “(B) Upon receiving any notification under subparagraph (A) in the case of a person making an election under paragraph (2), the Director shall determine the amount of the person’s lump-sum credit under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, as applicable, and shall request the Secretary of the Treasury to transfer such amount from the Civil Service Retirement and Disability Fund to the Department of Defense Military Retirement Fund. The Secretary of the Treasury shall make any transfer so requested. “(C) In determining the amount of a lump-sum credit under section 8331(8) of title 5 for purposes of this paragraph— “(i) interest shall be computed using the rates under section 8334(e)(3) of such title; and “(ii) the completion of 5 years of civilian service (or longer) shall not be a basis for excluding interest. “(b) Amount of Annuity.— The annuity payable under this section to a person who makes an election under subsection (a)(2) is 80 percent of the rate of pay for a judge in active service on the United States Court of Military Appeals as of the date on which the person is separated from civilian service. “(c) Relation to Thrift Savings Plan.— Nothing in this section affects any right of any person to participate in the thrift savings plan under section 8351 of title 5 or subchapter III of chapter 84 of such title. “(d) Survivor Annuities.— The Secretary of Defense shall prescribe Regulations. by regulation a program to provide annuities for survivors and former spouses of persons receiving annuities under this section by reason of elections made by such persons under subsection (a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the Federal Government. The program may include provisions for the reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or former judge to receive an annuity under this section terminates any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (g)(1)(B)). “(e) Cost-of-Living Increases.— The Secretary of Defense shall periodically increase annuities and survivor annuities paid under this section in order to take account of changes in the cost of living. The Secretary shall prescribe by regulation procedures for increases Regulations. in annuities under this section. Such system shall, to the maximum extent appropriate, provide cost-of-living adjustments that are similar to those that are provided under other retirement systems for civilian employees of the Federal Government. “(f) Dual Compensation.— A person who is receiving an annuity under this section by reason of service as a judge of the court and who is appointed to a position in the Federal Government shall, during the period of such person’s service in such position, be entitled to receive only the annuity under this section or the pay for that position, whichever is higher. “(g) Election of Judicial Retirement Benefits.— (1) A person who is receiving an annuity under this section by reason of service as a judge of the court and who later is appointed as a justice or judge of the United States to hold office during good behavior and who retires from that office, or from regular active service in that office, shall be paid either (A) the annuity under this section, or (B) the annuity or salary to which he is entitled by reason of his service as such a justice or judge of the United States, as determined by an election by that person at the time of his retirement from the office, or from regular active service in the office, of justice or judge of the United States. Such an election may not be revoked. “(2) An election by a person to be paid an annuity or salary pursuant to paragraph (1)(B) terminates (A) any election previously made by such person to provide a survivor annuity pursuant to subsection (d), and (B) any right of any other individual to receive a survivor annuity pursuant to subsection (d) on the basis of the service of that person. “(h) Source of Payment of Annuities.— Annuities and survivor annuities paid under this section shall be paid out of the Department of Defense Military Retirement Fund. “§ 946. Art. 146. Code committee “(a) Annual Survey.— A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter. “(b) Composition of Committee.— The committee shall consist of— “(1) the judges of the United States Court of Military Appeals; “(2) the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps; and “(3) two members of the public appointed by the Secretary of Defense. “(c) Reports.— (1) After each such survey, the committee shall submit a report— “(A) to the Committees on Armed Services of the Senate and House of Representatives; and “(B) to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of Transportation. “(2) Each report under paragraph (1) shall include the following: “(A) Information on the number and status of pending cases. “(B) Any recommendation of the committee relating to— “(i) uniformity of policies as to sentences; “(ii) amendments to this chapter; and “(iii) any other matter the committee considers appropriate. “(d) Qualifications and Terms of Appointed Members.— Each member of the committee appointed by the Secretary of Defense under subsection (b)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years. “(e) Applicability of Federal Advisory Committee Act.— The Federal Advisory Committee Act (5 U.S.C. App. I) shall not apply to the committee.”.

2. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title IX § 924(c)(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 946(b)(1)

   Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

   Enacted provision · exact public law section
   (1) The following sections are amended by striking out “Court of Military Appeals” each place it appears and inserting in lieu thereof “Court of Appeals for the Armed Forces”: sections 707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1502(a)(1) · 110 Stat. 186

   Substituted · 10 U.S.C. § 946(c)(1)(A)

   Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

   Enacted provision · exact public law section
   (1) Sections 503(b)(5), 520a(d), 526(d)(1), 619a(h)(2), 806a(b), 838(b)(7), 946(c)(1)(A), 1098(b)(2), 2313(b)(4), 2361(c)(1), 2371(h), 2391(c), 2430(b), 2432(b)(3)(B), 2432(c)(2), 2432(h)(l), 2667(dX3), 2672a(b), 2687(b)(1), 4342(g), 7307(b)(1)(A), and 9342(g) are amended by striking out “Committees on Armed Services of the Senate and House of Representatives” and inserting in lieu thereof “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.

4. 1999

   Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

   Substituted · 10 U.S.C. § 946(c)(1)(A)

   Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code.

5. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

   Substituted · 10 U.S.C. § 946(c)(1)(B)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

6. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title V § 532 · 126 Stat. 1632

   1. Added · 10 U.S.C. § 946(c)(2)(B); 10 U.S.C. § 946(c)(2)(C)

      Pub. L. 112–239 added subpar. (B)

   2. Redesignated · 10 U.S.C. § 946(c)(2)(B); 10 U.S.C. § 946(c)(2)(C)

      Pub. L. 112–239 redesignated former subpar. (B) as (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B), (C). Pub. L. 112–239 added subpar. (B) and redesignated former subpar. (B) as (C).

   Enacted provision · exact public law section
   SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS OF THE COMMITTEE ON THE UNIFORM CODE OF MILITARY JUSTICE.   Subsection (c)(2) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph (B): “(B) Information from the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the following: “(i) The appellate review process, including— “(I) information on compliance with processing time goals; “(II) discussions of the circumstances surrounding cases in which general court-martial or special court-martial convictions are reversed as a result of command influence or denial of the right to a speedy review or otherwise remitted due to loss of records of trial or other administrative deficiencies; and “(III) discussions of cases in which a provision of this chapter is held unconstitutional. “(ii) Measures implemented by each armed force to ensure the ability of judge advocates to competently participate as trial and defense counsel in, and preside as military judges over, capital cases, national security cases, sexual assault cases, and proceedings of military commissions. “(iii) The independent views of the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the sufficiency of resources available within their respective armed forces, including total workforce, funding, training, and officer and enlisted grade structure, to capably perform military justice functions.” .

7. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LXII § 5521 · 130 Stat. 2000

   Amended · 10 U.S.C. § 946

   Pub. L. 114–328 amended section generally. Prior to amendment, section related to establishment, membership, and duties of Code committee

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section related to establishment, membership, and duties of Code committee.

   Enacted provision · exact public law section
   SEC. 5521. MILITARY JUSTICE REVIEW PANEL.   Section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended to read as follows: “§ 946. Art. 146. Military Justice Review Panel “(a) Establishment.— The Secretary of Defense shall establish a panel to conduct independent periodic reviews and assessments of the operation of this chapter. The panel shall be known as the ‘Military Justice Review Panel’ (in this section referred to as the ‘Panel’). “(b) Members.— “(1) Number of members.— The Panel shall be composed of thirteen members. “(2) Appointment of certain members.— Each of the following shall appoint one member of the Panel: “(A) The Secretary of Defense (in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy). “(B) The Attorney General. “(C) The Judge Advocates General of the Army, Navy, Air Force, and Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps. “(3) Appointment of remaining members by secretary of defense.— The Secretary of Defense shall appoint the remaining members of the Panel, taking into consideration recommendations made by each of the following: “(A) The chairman and ranking minority member of the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. “(B) The Chief Justice of the United States. “(C) The Chief Judge of the United States Court of Appeals for the Armed Forces. “(c) Qualifications of Members.— The members of the Panel shall be appointed from among private United States citizens with expertise in criminal law, as well as appropriate and diverse experience in investigation, prosecution, defense, victim representation, or adjudication with respect to courts-martial, Federal civilian courts, or State courts. “(d) Chair.— The Secretary of Defense shall select the chair of the Panel from among the members. “(e) Term; Vacancies.— Each member shall be appointed for a term of eight years, and no member may serve more than one term. Any vacancy shall be filled in the same manner as the original appointment. “(f) Reviews and Reports.— “(1) Initial review of recent amendments to ucmj.— During fiscal year 2020, the Panel shall conduct an initial review and assessment of the implementation of the amendments made to this chapter during the preceding five years. In conducting the initial review and assessment, the Panel may review such other aspects of the operation of this chapter as the Panel considers appropriate. “(2) Sentencing data collection and report.— During fiscal year 2020, the Panel shall gather and analyze sentencing data collected from each of the armed forces from general and special courts-martial applying offense-based sentencing under section 856 of this title (article 56). The sentencing data shall include the number of accused who request member sentencing and the number who request sentencing by military judge alone, the offenses which the accused were convicted of, and the resulting sentence for each offense in each case. The Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps shall provide the sentencing data in the format and for the duration established by the chair of the Panel. Not later than October 31, 2020, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives through the Secretary of Defense a report setting forth the Panel’s findings and recommendations on the need for sentencing reform. “(3) Periodic comprehensive reviews.— During fiscal year 2024 and every eight years thereafter, the Panel shall conduct a comprehensive review and assessment of the operation of this chapter. “(4) Periodic interim reviews.— During fiscal year 2028 and every eight years thereafter, the Panel shall conduct an interim review and assessment of such other aspects of the operation of this chapter as the Panel considers appropriate. In addition, at the request of the Secretary of Defense, the Panel may, at any time, review and assess other specific matters relating to the operation of this chapter. “(5) Reports.— Not later than December 31 of each year during which the Panel conducts a review and assessment under this subsection, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of such review and assessment, including the Panel’s findings and recommendations. “(g) Hearings.— The Panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers appropriate to carry out its duties under this section. “(h) Information From Federal Agencies.— Upon request of the chair of the Panel, a department or agency of the Federal Government shall provide information that the Panel considers necessary to carry out its duties under this section. “(i) Administrative Matters.— “(1) Members to serve without pay.— Members of the Panel shall serve without pay, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Panel. “(2) Staffing and resources.— The Secretary of Defense shall provide staffing and resources to support the Panel. “(j) Federal Advisory Committee Act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel.” .

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

8. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 531(k)(1) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 946(f)(1)

   Pub. L. 115–91, § 531(k)(1), substituted “fiscal year 2021” for “fiscal year 2020”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 115–91, § 531(k)(1), substituted “fiscal year 2021” for “fiscal year 2020”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “fiscal year 2020” in the first sentence and inserting “fiscal year 2021”;

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

9. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 531(k)(2) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 946(f)(2)

   Pub. L. 115–91, § 531(k)(2), substituted “The analysis under this paragraph shall be included in the assessment required by paragraph (1).” for “Not later than October 31, 2020, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives through the Secretary of Defense a report setting forth the Panel’s findings and recommendations on the need for sentencing reform.”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 115–91, § 531(k)(2), substituted “The analysis under this paragraph shall be included in the assessment required by paragraph (1).” for “Not later than October 31, 2020, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives through the Secretary of Defense a report setting forth the Panel’s findings and recommendations on the need for sentencing reform.”

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking the sentence beginning “Not later than” and inserting the following new sentence: “The analysis under this paragraph shall be included in the assessment required by paragraph (1).”; and

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

10. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 531(k)(3) · 131 Stat. 1283

    1. Added · 10 U.S.C. § 946(f)(5)

       Pub. L. 115–91, § 531(k)(3), added par. (5)

    2. Struck · 10 U.S.C. § 946(f)(5)

       Pub. L. 115–91, § 531(k)(3), struck out former par. (5). Prior to amendment, text read as follows: “Not later than December 31 of each year during which the Panel conducts a review and assessment under this subsection, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of such review and assessment, including the Panel’s findings and recommendations.”

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 115–91, § 531(k)(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “Not later than December 31 of each year during which the Panel conducts a review and assessment under this subsection, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of such review and assessment, including the Panel’s findings and recommendations.”

    Enacted provision · exact public law section
    (3) by striking paragraph (5) and inserting the following new paragraph (5): “(5) Reports.— With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report— “(A) shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and “(B) shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

11. 2022

    Pub. L. 117–286 § 4(a)(46) · 136 Stat. 4196

    1. Substituted · 10 U.S.C. § 946(j)

       Pub. L. 117–286 substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in text

    2. Substituted · 10 U.S.C. § 946(j)

       Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 117–286 substituted “Chapter 10 of Title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

    Enacted provision · exact public law section
    (46) Section 946(j) of title 10, United States Code, is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act” and inserting “Chapter 10 of Title 5”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5”.

12. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 532(a) · 137 Stat. 136

    Added · 10 U.S.C. § 946(b)(4)

    Pub. L. 118–31, § 532(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 118–31, § 532(a), added par. (4).

    Enacted provision · exact public law section
    (a) Appointment to Staggered Terms.— Subsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: “(4) Establishment of staggered terms.— Notwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on November 30, 2030, shall be appointed to terms as follows: “(A) Three members designated by the Secretary of Defense shall serve a term of two years. “(B) Three members designated by the Secretary of Defense shall serve a term of four years. “(C) Three members designated by the Secretary of Defense shall serve a term of six years. “(D) Four members designated by the Secretary of Defense shall serve a term of eight years.” .

13. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 532(b) · 137 Stat. 136

    Amended · 10 U.S.C. § 946(e)

    Pub. L. 118–31, § 532(b), amended subsec. (e) generally. Prior to amendment, text read as follows: “Each member shall be appointed for a term of eight years, and no member may serve more than one term. Any vacancy shall be filled in the same manner as the original appointment.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 118–31, § 532(b), amended subsec. (e) generally. Prior to amendment, text read as follows: “Each member shall be appointed for a term of eight years, and no member may serve more than one term. Any vacancy shall be filled in the same manner as the original appointment.”

    Enacted provision · exact public law section
    (b) Term; Vacancies.— Subsection (e) of such section is amended to read as follows: “(e) Term; Vacancies.— “(1) Term.— Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. “(2) Vacancy.— Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor. “(3) Availability of reappointment for certain members.— Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— “(A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or “(B) the member was initially appointed— “(i) to a term of four years or less in accordance with subsection (b)(4); or “(ii) to fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less.” .

16 of 16 references resolved to an enrolled provision