10 U.S. Code § 946 - Art. 146. Code committee
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(a) Annual Survey.— A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter.
(b) Composition of Committee.— The committee shall consist of—
(2) the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps; and
(1) After each such survey, the committee shall submit a report—
(A) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
(2) Each report under paragraph (1) shall include the following:
(B) Information from the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the following:
(i) The appellate review process, including—
(II) discussions of the circumstances surrounding cases in which general court-martial or special court-martial convictions are reversed as a result of command influence or denial of the right to a speedy review or otherwise remitted due to loss of records of trial or other administrative deficiencies; and
(ii) Measures implemented by each armed force to ensure the ability of judge advocates to competently participate as trial and defense counsel in, and preside as military judges over, capital cases, national security cases, sexual assault cases, and proceedings of military commissions.
(iii) The independent views of the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps on the sufficiency of resources available within their respective armed forces, including total workforce, funding, training, and officer and enlisted grade structure, to capably perform military justice functions.
(d) Qualifications and Terms of Appointed Members.— Each member of the committee appointed by the Secretary of Defense under subsection (b)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.
Source(Added Pub. L. 101–189, div. A, title XIII, § 1301(c),Nov. 29, 1989, 103 Stat. 1574; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1),Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, div. A, title XV, § 1502(a)(1),Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1),Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title V, § 532,Jan. 2, 2013, 126 Stat. 1726.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
2013—Subsec. (c)(2)(B), (C). Pub. L. 112–239added subpar. (B) and redesignated former subpar. (B) as (C).
2002—Subsec. (c)(1)(B). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
1999—Subsec. (c)(1)(A). Pub. L. 106–65substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (c)(1)(A). Pub. L. 104–106substituted “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. 103–337substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
Effective Date of 2002 Amendment
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