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Title 10 — Armed ForcesRelease 119-73

§946 Art. 146. Military Justice Review Panel

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER XII— - UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES › § 946

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must create a group called the Military Justice Review Panel to do independent, regular checks on how the military justice rules work. The Panel will have 13 members. Several officials each pick one member: the Secretary of Defense (with input about the Coast Guard when needed), the Attorney General, 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. The Secretary of Defense picks the rest after considering recommendations from congressional Armed Services leaders, the Chief Justice of the United States, and the Chief Judge of the U.S. Court of Appeals for the Armed Forces. Members must be private U.S. citizens with criminal law experience in areas like investigation, prosecution, defense, victim help, or judging in courts-martial, federal, or state courts. The Secretary of Defense picks the chair. Most members serve one eight-year term. Members who fill vacancies serve the rest of that term. Special appointments made for vacancies occurring between August 1, 2030, and November 30, 2030, will be staggered so three serve 2 years, three serve 4 years, three serve 6 years, and four serve 8 years. In limited cases (such as those short terms or small remaining terms), a member may be reappointed once. The Panel must do an initial review in fiscal year 2021 of changes made in the prior five years. In fiscal year 2020 it must collect and analyze courts-martial sentencing data under section 856 (article 56), including numbers who chose member sentencing or judge-alone, the offenses, and the sentence for each offense in each case. The Panel must do a full review in fiscal year 2024 and every eight years after, and an interim review in fiscal year 2028 and every eight years after. It can hold hearings, take testimony, and request information from federal agencies. The Panel reports its findings and recommendations to the Senate and House Armed Services Committees by December 31 of the year the review ends. Members are unpaid but get travel expenses. The Secretary of Defense must give staff and resources. Chapter 10 of title 5 does not apply to the Panel.

Full Legal Text

Title 10, §946

Armed Forces — Source: USLM XML via OLRC

(a)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)(1)The Panel shall be composed of thirteen members.
(2)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)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.
(4)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.
(c)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)The Secretary of Defense shall select the chair of the Panel from among the members.
(e)(1)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)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)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.
(f)(1)During fiscal year 2021, 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)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. The analysis under this paragraph shall be included in the assessment required by paragraph (1).
(3)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)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)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.
(g)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)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)(1)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)The Secretary of Defense shall provide staffing and resources to support the Panel.
(j)Chapter 10 of title 5 shall not apply to the Panel.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (b)(4). Pub. L. 118–31, § 532(a), added par. (4). 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.” 2022—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. 2017—Subsec. (f)(1). Pub. L. 115–91, § 531(k)(1), substituted “fiscal year 2021” for “fiscal year 2020”. 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.” 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.” 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to establishment, membership, and duties of Code committee. 2013—Subsec. (c)(2)(B), (C). Pub. L. 112–239 added subpar. (B) and redesignated former subpar. (B) as (C). 2002—Subsec. (c)(1)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1999—Subsec. (c)(1)(A). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—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”. 1994—Subsec. (b)(1). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment 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.

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 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. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Full Functionality of Military Justice Review Panel Pub. L. 117–81, div. A, title V, § 549E, Dec. 27, 2021, 135 Stat. 1726, provided that: “Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)) [sic].”

Reference

Citations & Metadata

Citation

10 U.S.C. § 946

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73