10 U.S.C. § 940a

Art. 140a. Case management; data collection and accessibility

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(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.)Editorial NotesAmendments

2021—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 SubsidiariesEffective Date

Pub. 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 Guard

Pub. 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].”

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2022–2025 · leading case: Pro Publica, Inc. v. Butler (S.D. Cal. 2024).

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Pro Publica, Inc. v. Butler (S.D. Cal. 2024). · cites it 2× “Plaintiff claims 14 that Secretary Austin has failed to properly carry out Article 140a of the Uniform 15 Code of Military Justice, 10 U.S.C. § 940a, which provides that the “Secretary of 16 Defense .”

United States v. Anderson (C.A.A.F. 2022). “” Article 140a(a)(2)–(3), Uniform Code of Military Jus- tice (UCMJ), 10 U.S.C. § 940a(a)(2)–(3) (2018). The authority that Congress has directed the Secretary of Defense to exer- cise arguably overlaps with authority this Court felt neces- sary to assume for itself when the…”

Pro Publica, Inc. v. Butler (S.D. Cal. 2025). “Congress in Article 140a, 10 U.S.C. § 940a, imposed on the Secretary 20 of Defense the duty to “prescribe uniform standards and criteria for” public access 21 to filings in the “military justice system .”

— 10 U.S.C. § 940a(a)(2) — 1 case

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