U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART V— ACQUISITION › Subpart Subpart I— Defense Industrial Base › Chapter CHAPTER 382— POLICIES AND PLANNING

10 U.S.C. § 812

ASSESSMENT AND ANNUAL REPORT OF UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.

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“(a)Assessment Program.—(1) The Secretary of Defense shall establish a program to assess—“(A) the degree to which the United States is dependent on foreign sources of supply; and“(B) the capabilities of the United States defense industrial base to produce military systems necessary to support the national security objectives set forth in section 4811 of title 10, United States Code.“(2) For purposes of the assessment program, the Secretary shall use existing data, as required under subsection (b), and submit an annual report, as required under subsection (c).“(b)Use of Existing Data.—(1) At a minimum, with respect to each prime contract with a value greater than $25,000 for the procurement of defense items and components, the following information from existing sources shall be used for purposes of the assessment program:“(A) Whether the contractor is a United States or foreign contractor.“(B) The principal place of business of the contractor and the principal place of performance of the contract.“(C) Whether the contract was awarded on a sole source basis or after receipt of competitive offers.“(D) The dollar value of the contract.“(2) The Federal Procurement Data System described in section 1122(a)(4)(A) of title 41, United States Code, or any successor system, shall collect from contracts described in paragraph (1) the information specified in that paragraph.“(3) Information obtained in the implementation of this section is subject to the same limitations on disclosure, and penalties for violation of such limitations, as is provided under section 4818 of title 10, United States Code. Such information also shall be exempt from release under section 552 of title 5, United States Code.“(4) For purposes of meeting the requirements set forth in this section, the Secretary of Defense may not require the provision of information beyond the information that is currently provided to the Department of Defense through existing data collection systems by non-Federal entities with respect to contracts and subcontracts with the Department of Defense or any military department.“[(c) Repealed. Pub. L. 112–81, div. A, title X, § 1062(g)(2), Dec. 31, 2011, 125 Stat. 1585.]“(d)Public Availability.—The Secretary of Defense shall make the report submitted under subsection (c) publicly available to the maximum extent practicable.“(e)Applicability.—This section shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as set forth in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
Notes of Decisions
Cited in 56 cases (11 in the last 5 years), 1960–2024 · leading case: United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014).
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United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014). · cites it 5× “” 10 U.S.C. § 812 (2012). The Judge Advocate General of the Air Force certified to this Court the question of whether Article 12, UCMJ, applies to members of the armed forces confined in a state or federal facility within the continental limits of the United States.”
United States v. Wise, 64 M.J. 468 (C.A.A.F. 2007). · cites it 2× “Turning to Appellant’s allegation that he was detained with Iraqi enemy prisoners of war (EPWs) in violation of Article 12, UCMJ, 10 U.S.C. § 812 (2000), we conclude that even if the facts are as alleged by Appellant, based on the plain text and legislative history to Article…”
United States v. Gay, 74 M.J. 736 (A.F.C.C.A. 2015). “The appellant raised this issue in his clemency request, and the convening authority granted the appellant’s requested relief by disapproving nine days of the adjudged sentence to confinement for this apparent violation of Article 12, UCMJ, 10 U.S.C. § 812 . On the ninth day…”
United States v. McPherson, 72 M.J. 862 (A.F.C.C.A. 2013). · cites it 2× “On appeal, the appellant avers three issues: (1) His conviction for fraudulent enlistment is factually insufficient; (2) His trial defense counsel were ineffective in that they did not advise him of his rights under Articles 12 and 138, UCMJ, 10 U.S.C. §§ 812 , 938; and (3) He…”
United States v. Pena, 64 M.J. 259 (C.A.A.F. 2007). “See also Article 12, UCMJ, 10 U.S.C. § 812 (2000) (prohibition on confinement in immediate association with enemy prisoners).”
United States v. Wilson, 73 M.J. 529 (A.F.C.C.A. 2014). · cites it 2× “There was evidence in the record that local confinement officials implemented the segregation so as to prevent a violation of Article 12, UCMJ, 10 U.S.C. § 812 , by ensuring the appellant was never in immediate association with foreign nationals.”
United States v. Palmiter, 20 M.J. 90 (1985). “It is noted that Chief Judge Everett equates “commingling” with punishment, making the analogy that because Article 12, UCMJ, 10 U.S.C. § 812 , specifically prohibits the intermixture of prisoners of war with our own prisoners, this implies that a prisoner may be demeaned by the…”
United States v. Gay, 75 M.J. 264 (C.A.A.F. 2016). “§ 938 (2012), complaint he had filed earlier in which he had requested confinement credit for being housed with a foreign national in violation of Article 12, UCMJ, 10 U.S.C. § 812 (2012). 3 Gay also requested additional confinement credit “for being unnecessarily placed in…”
United States v. Ellsey, 16 C.M.A. 455 (1966). “” Code, supra, Article 12, 10 USC § 812 . Where imposed by a court-martial, it begins to run from the date the sentence is adjudged.”
United States v. Wilson, 73 M.J. 404 (C.A.A.F. 2014). · cites it 2× “We directed the CCA to consider on remand a specified issue: whether Article 12, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 812 (2012), applies to a military member confined in a state or federal institution in the United States.”
James v. Kuykendall v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, 285 F.2d 480 (10th Cir. 1960). “, in any case where it is authorized to adjudge the punishment of death; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, * * Appellant also contends, but for the first time on…”
Anderson v. Garza (N.D. Ohio 2023). · cites it 5× “First, Petitioner claims he is entitled to a four-for-one day credit towards his sentence for each day that he was confined in immediate association with a foreign national in violation of Article 12 of the (4:22CV0718) Uniform Code of Military Justice (“UCMJ”), 10 U.S.C. § 812…”
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