Sec. 556. Public availability of records of certain proceedings under the Uniform Code of Military Justice
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The Secretary of Defense shall make available, electronically through a website of the Department of Defense, to the public all information specified in subsection
(c)(subject to such exceptions as may apply under subsection (d)) for all of the proceedings under the Uniform Code of Military Justice specified in subsection (b). The system established under subsection
(a)shall contain information for the following proceedings under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice): Special and general courts-martial under subchapter IV of such chapter. Actions by the convening authority under section 860 of such title (article 60). Reviews conducted by the Courts of Criminal Appeals under section 866 of such title (article 66). Reviews conducted by the Court of Appeals for the Armed Forces under section 867 of such title (article 67). Except as provided in subsection (d), the following information, either directly or through links to another website, shall be made available through the system established under subsection
(a)as soon as the information is reasonably available: The location of the proceeding and contact information for each base and court jurisdiction, including, when applicable, the name and telephone number of the legal office with jurisdiction over the proceeding. The calendar of proceedings. The docket information for the proceeding. Any motions and documents filed in connection with the proceeding. The substance of all written rulings and opinions issued in the proceeding, in a text-searchable format. The authenticated record of the proceeding. Any other information related to the proceeding that the Secretary of Defense determines to be useful to the public. The Manual for Courts-Martial shall be updated to address privacy and security concerns related to the electronic filing of documents and the public availability of documents made available through the system established under subsection (a). Such guidance must consider, at minimum, the protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), section 552a of such title (commonly referred to as the Privacy Act), restricted reporting cases, and laws and guidance related to privilege. Such guidance shall provide to the extent practicable for uniform treatment of privacy and security issues throughout each proceeding specified in subsection
(b)and across all branches of the Armed Forces. To the extent that such guidance provide for the redaction of certain categories of information to address privacy and security concerns, such guidance shall provide that a party that wishes to file an otherwise proper document containing such information may file an unredacted document under seal, which shall be retained as part of the proceeding as part of the record, and which, at the discretion of the court and subject to any applicable guidance issued in the Manual for Courts Martial, shall be either in lieu of, or in addition, to, a redacted copy in the public file. The Secretary of Defense may issue interim guidance, and interpretive statements relating to the application of such guidance, which conform to the requirements of paragraph
(1)and which shall cease to have effect upon the effective date of the guidance required under paragraph (1). Pending issuance of the guidance required under paragraph (1), any guidance or order of any court, or of the Secretary of Defense, providing for the redaction of certain categories of information in order to address privacy and security concerns arising from electronic filing shall comply with, and be construed in conformity with, the last sentence of paragraph (1). Except as provided in subsection
(d)or under paragraph (2), each court-martial and the courts specified in paragraphs
(4)and
(5)of subsection
(b)shall make each document that is filed electronically with the court available to the public through a website of the Department of Defense. To the extent practicable, the court shall convert any document that is filed in paper form to electronic form. To the extent such conversions are made, all such electronic versions of the document shall be made available to the public. Paragraph
(1)does not apply to any filed document that is not otherwise available to the public, such as a document filed under seal. The Secretary of Defense shall ensure that the information in the system established under subsection
(a)is updated regularly and kept reasonably current. Electronic files and docket information for a proceeding closed for more than five years are not required to be made available through the system, except all written opinions with a date of issuance after the date specified in subsection
(h)shall remain available to the public through the system. The Secretary of Defense may prescribe reasonable fees for access to information made available through the system established under subsection (a). These fees may distinguish between classes of persons, and shall provide for exempting persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. The Secretary of Defense shall prescribe a schedule of reasonable fees for electronic access to information which the Secretary is required to maintain and make available to the public. The Secretary of Defense shall transmit each schedule of fees prescribed under this subsection to the Congress at least 30 days before the schedule of fees becomes effective. The information system required by this section shall be available to the public no later than one year after the date of the enactment of this Act and apply to all proceedings under the Uniform Code of Military Justice specified in subsection
(b)that have begun or been completed since the date of enactment of this Act.