10 U.S.C. § 940 — Art. 140. Delegation by the President

Page 841 TITLE 10—ARMED FORCES § 940a that investigation, it has power to summon wit- nesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the re- sponsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount ap- proved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the pay- ment by him to the injured parties of the dam- ages so assessed and approved. (b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as de- termined by the approved findings of the board. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 939(a) ...... 939(b) ...... 50:735(a). 50:735(b). May 5, 1950, ch. 169, § 1 (Art. 139), 64 Stat. 144. In subsection (a), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Depart- ment’’. The word ‘‘under’’ is substituted for the words ‘‘subject to’’. The words ‘‘or affirmation’’ are omitted as covered by the definition of the word ‘‘oath’’ in sec- tion 1 of title 1. The words ‘‘it has’’ are substituted for the words ‘‘shall have’’ in the second sentence. The word ‘‘is’’ is substituted for the words ‘‘shall be’’ before the words ‘‘subject’’ and ‘‘conclusive’’. The word ‘‘com- missioned’’ is inserted for clarity. In subsection (b), the word ‘‘If’’ is substituted for the word ‘‘Where’’. The word ‘‘considered’’ is substituted for the word ‘‘deemed’’. § 940. Art. 140. Delegation by the President The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority. (Aug. 10, 1956, ch. 1041, 70A Stat. 78.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 940 .......... 50:736. May 5, 1950, ch. 169, § 1 (Art. 140), 64 Stat. 145. The word ‘‘may’’ is substituted for the words ‘‘is au- thorized to * * * to’’. § 940a. Art. 140a. Case management; data collec- tion and accessibility (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 prac- ticable, the best practices of Federal and State courts: (1) Collection and analysis of data con- cerning substantive offenses and procedural matters in a manner that facilitates case man- agement and decision making within the mili- tary 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 produc- tion and distribution of records of trial within the military justice system. (4) Facilitation of public access to docket in- formation, filings, and records, taking into consideration restrictions appropriate to judi- cial proceedings and military records. (b) PROTECTION OF CERTAIN PERSONALLY IDEN- TIFIABLE INFORMATION.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uni- form standards and criteria for conduct estab- lished by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (in- cluding victims of sexual assault and domestic violence), as practicable to the extent such in- formation is restricted in electronic filing sys- tems of Federal and State courts. (c) INAPPLICABILITY TO CERTAIN DOCKETS AND RECORDS.—Nothing in this section shall be con- strued to provide public access to docket infor- mation, 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 De- fense under subsection (a) shall provide for the preservation of general and special court-mar- tial 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 Notes AMENDMENTS 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 re- spect to the Coast Guard)’’ after ‘‘military justice sys- tem’’, in par. (4) inserted ‘‘public’’ before ‘‘access to docket information’’, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE 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 stand- ards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Mili-