§946a — Title 10 Armed Forces | U.S. Code

Summary

By December 31 each year, the Court of Appeals for the Armed Forces and the top legal officers in each service must send reports about the prior fiscal year. The Court of Appeals must report how many cases it finished and how many are still pending, and any other issues it thinks are important for how the military justice chapter works. Each Judge Advocate General and the Staff Judge Advocate to the Commandant of the Marine Corps must report on pending and finished cases, giving demographic info for victims and accused (race, ethnicity, rank, sex), the charges brought, the kinds of court-martial, and case outcomes (including nonjudicial punishment and administrative separations). They must describe the appellate review process, including timeliness, cases reversed or remitted for command influence, loss of records, denial of speedy review, any cases where a rule was found unconstitutional, and any cases where a Court of Criminal Appeals found a conviction clearly against the weight of the evidence (with the appellate standard used). They must explain steps taken to make sure judge advocates can serve well as trial counsel, defense counsel, military judges, and as Special Victims’ Counsel when designated under section 1044e, and say which steps target capital, national security, sexual assault, and military commission cases. Each leader must give their independent view on whether they have enough resources—workforce, funding, training, and officer/enlisted grade structure—to carry out military justice. All reports go to the Senate and House Armed Services Committees, the Secretary of Defense, the military department Secretaries, and the Secretary of the department where the Coast Guard is operating when it is not part of the Navy.

Title 10, §946a

Armed Forces — Source: USLM XML via OLRC

(a)Not later than December 31 each year, the Court of Appeals for the Armed Forces shall submit a report that, with respect to the previous fiscal year, provides information on the number and status of completed and pending cases before the Court, and such other matters as the Court considers appropriate regarding the operation of this chapter.

(b)Not later than December 31 each year, the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps shall each submit a report, with respect to the preceding fiscal year, containing the following:

(1)Data on the number and status of pending cases.

(2)Data on the number and status of completed cases, including—

(A)information on race, ethnicity, rank, and sex demographic for the victim and the accused;

(B)the enumerated offenses preferred and referred;

(C)the types of court-martial; and

(D)the results for each case, including cases that resulted in nonjudicial punishment or administrative separation.

(3)Information on the appellate review process, including—

(A)information on compliance with processing time goals;

(B)descriptions of the circumstances surrounding cases in which general or special court-martial convictions were (i) reversed because of command influence or denial of the right to speedy review or (ii) otherwise remitted because of loss of records of trial or other administrative deficiencies;

(C)an analysis of each case in which a provision of this chapter was held unconstitutional; and

(D)an analysis of each case in which a Court of Criminal Appeals made a final determination that a finding of a court-martial was clearly against the weight of the evidence, including an explanation of the standard of appellate review applied in such case.

(4)(A)An explanation of measures implemented by the armed force concerned to ensure the ability of judge advocates—

(i)to participate competently as trial counsel and defense counsel in cases under this chapter;

(ii)to preside as military judges in cases under this chapter; and

(iii)to perform the duties of Special Victims’ Counsel, when so designated under section 1044e of this title.

(B)The explanation under subparagraph (A) shall specifically identify the measures that focus on capital cases, national security cases, sexual assault cases, and proceedings of military commissions.

(5)The independent views of each Judge Advocate General and of the Staff Judge Advocate to the Commandant of the Marine Corps as to the sufficiency of resources available within the respective armed forces, including total workforce, funding, training, and officer and enlisted grade structure, to capably perform military justice functions.

(6)Such other matters regarding the operation of this chapter as may be appropriate.

(c)Each report under this section shall be submitted—

(1)to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and

(2)to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (b)(2) to (6). Pub. L. 118–159 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively. 2021—Subsec. (b)(2)(D). Pub. L. 116–283 added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date

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.

§946a Art. 146a. Annual reports