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. § 814

PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN ESSENTIAL ITEMS USING DEFENSE INDUSTRIAL BASE CAPABILITIES FUND.

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“(a)Establishment of Fund.—There is established in the Treasury of the United States a separate fund to be known as the Defense Industrial Base Capabilities Fund (hereafter in this section referred to as the ‘Fund’).“(b)Moneys in Fund.—There shall be credited to the Fund amounts appropriated to it.“(c)Use of Fund.—The Secretary of Defense is authorized to use all amounts in the Fund, subject to appropriation, for the purposes of enhancing or reconstituting United States industrial capability to produce items on the military system essential item breakout list (as described in section 812(b)) or items subject to section 4864 of title 10, United States Code, in the quantity and of the quality necessary to achieve national security objectives.“(d)Limitation on Use of Fund.—Before the obligation of any amounts in the Fund, the Secretary of Defense shall submit to Congress a report describing the Secretary’s plans for implementing the Fund established in subsection (a), including the priorities for the obligation of amounts in the Fund, the criteria for determining the recipients of such amounts, and the mechanisms through which such amounts may be provided to the recipients.“(e)Availability of Funds.—Amounts in the Fund shall remain available until expended.“(f)Fund Manager.—The Secretary of Defense shall designate a Fund manager. The duties of the Fund manager shall include—“(1) ensuring the visibility and accountability of transactions engaged in through the Fund; and“(2) reporting to Congress each year regarding activities of the Fund during the previous fiscal year.”
Notes of Decisions
Cited in 31 cases, 1958–2018 · leading case: Herbert W. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir. 1976).
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Herbert W. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir. 1976). “10 U.S.C. § 814 in fact sanctions such a practice.”
Poly v. Moylan, 423 Mass. 141 (Mass. 1996). “10 U.S.C. § 814 (the military may or may not deliver members for trial).”
Harold L. Peek, Jr., & Susanna E. Peek v. United States, 321 F.2d 934 (9th Cir. 1963). “Article 14(a) of the Uniform Code of Military Justice ( 10 U.S.C. § 814 ) states: “(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil…”
Michael Everett Street v. P. G. Cnty. Police Detective Cherba P. G. Cnty. Police Detective Robert Derfler, Sex Squad, 662 F.2d 1037 (4th Cir. 1981). “…military lawyer and then told the defendants that they could arrest the plaintiff and take him back to Maryland. 5 . 10 U.S.C.A. § 814 , Art. 14(a).”
State v. Cameron, 909 S.W.2d 836 (Tenn. Crim. App. 1995). “10 U.S.C. § 814 (a) provides in part: [A] member of the armed forces accused of an offense against civil authority may be delivered, upon request, to civil authority for trial.”
United States v. Mooney, 76 M.J. 545 (A.F.C.C.A. 2017). · cites it 2× “Although recognizing there was conflicting guidance between Department of Defense (DoD) regulations and the UCMJ, the SJA opined Article 14, UCMJ, 10 U.S.C. § 814 , and DoD regulatory guidance permitted the imposition of consecutive sentences.”
Harker v. State, 663 P.2d 932 (Alaska 1983). “§ 814 (a) (1970)] specifically provides that a commander may deliver to civil authorities a member of the armed forces accused of an offense under civil criminal law, insuring that military reservations do not become havens for those who violate criminal law.”
United States v. Kelson, 3 M.J. 139 (1977). “); see generally Articles 14, 15(a), 22(a)(6), and 23(a)(7), Uniform Code of Military Justice, 10 U.S.C. §§ 814 , 815(a), 822(a)(6), and 823(a)(7).”
United States v. Bryant, 12 C.M.A. 133 (1961). · cites it 2× “2498, 81st Congress, 1st Session, page 1089, and point out that the only other provision in the Uniform Code pertaining to interruption of the execution of one sentence for service of another is in Article 14(b), 10 USC § 814 . That statute provides that delivery of an accused…”
United States v. Jordan, 35 M.J. 856 (1992). “However, the civilian police took delivery of the appellant pursuant to their own arrest warrant and Article 14(a), UCMJ, 10 U.S.C. § 814 (a). Record at 75-76. At the time the civilian police took delivery of the appellant, military charges had not been preferred against the…”
Fisher v. Commander, Army Reg'l Confinement Facility, 56 M.J. 691 (N.M.C.C.A. 2001). “Original Delivery to State We find that the petitioner’s delivery to state authorities to stand trial was accomplished under Article 14, UCMJ, 10 U.S.C. § 814 . The transfer of a military prisoner pursuant to this article merely interrupts the execution of his court-martial…”
Edward Edwards v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California, 281 F.2d 73 (9th Cir. 1960). “” Appellant cites Article 14(b) of the Uniform Code ( 10 U.S.C.A. § 814 ) in support of his argument.”
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