republic-os/legal/us/code/title-10/chapter-47/section-940a.md

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LegalText	10 U.S.C. § 940a	Art. 140a. Case management; data collection and accessibility	us	united_states_code	code_section	10	ARMED FORCES	47	UNIFORM CODE OF MILITARY JUSTICE	940a	10 U.S.C. § 940a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s940a	data/legal/raw/us/code/title-10/usc10.xml	a3fde8306f2a9d4e8512827d98ba9b07adac30871df27ae73d9c22bb61b43969	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	6e261d5b296ac3ce328801abc601394e2c983d1b3d168116773c7fabc9a20004	2026-07-04	official	legal us-code

10 U.S.C. § 940a - Art. 140a. Case management; data collection and accessibility

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.

(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.)

Notes

Editorial Notes

Amendments2021—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 DatePub. 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 GuardPub. 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].”