Title 10Armed ForcesRelease 119-73not60

§946a Art. 146a. Annual Reports

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

Last updated Apr 3, 2026|Official source

Summary

By December 31 each year, the Court of Appeals for the Armed Forces must send a report about the previous fiscal year. It must say how many cases were finished and how many are still pending, and it can include any other information it thinks is useful about how the system is working. By December 31 each year, the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps must each send a report about the preceding fiscal year. Their reports must give data on pending and completed cases, including basic demographics of victims and accused, the offenses charged, types of court-martial, and case outcomes (including nonjudicial punishment or administrative separations). They must report on appellate review matters such as meeting processing time goals, cases reversed for command influence or denial of speedy review or remitted for lost records or other problems, and any cases where a law was found unconstitutional or a court found a verdict was clearly against the weight of the evidence (with the review standard explained). The reports must also describe steps taken to make sure judge advocates can serve as trial and defense counsel, military judges, and Special Victims’ Counsel, noting actions for capital, national security, sexual assault, and military commission cases. Each report must state the reporter’s view on whether there are enough people, money, training, and the right officer and enlisted ranks to do the work. Reports may include other appropriate topics. Each report must be sent to the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, 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.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 946a

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60