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10 U.S.C. § 842

ADDITIONAL ACCESS TO RECORDS.

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“(a)Additional Access to Records.—The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act.“(b)Limitation.—The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, based on a finding from the combatant commander, stating that this examination will support the program established under such section 841 and that less intrusive measures are not reasonably available to manage the risk.
Notes of Decisions
Cited in 30 cases (5 in the last 5 years), 1947–2023 · leading case: United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001).
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United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001). · cites it 2× “, C-4 explosives (Article 108, UCMJ), and his conviction for possessing, transporting, storing, and/or selling explosive material knowing it to be stolen ( 10 USC § 842 (h) and Article 134, UCMJ) are an “unreasonable multiplication of charges.”
United States v. Easton, 71 M.J. 168 (C.A.A.F. 2012). · cites it 2× “See Article 42(a), UCMJ, 10 U.S.C. § 842 (2006). Such a panel could not properly function if jeopardy attached when members were sworn since they would not be able to perform any duties without jeopardy attaching.”
United States v. Roach, 66 M.J. 410 (C.A.A.F. 2008). · cites it 2× “07-0870/AF the oath required by Article 42, UCMJ, 10 U.S.C. § 842 (2000), the court concluded that the error was not jurisdictional, nor did it materially affect the substantial rights of the accused.”
United States v. Weiss, 36 M.J. 224 (1992). “He was certified in accordance with Article 26(b), Uniform Code of Military Justice, 10 USC § 826 (b); sworn in accordance with Article 42(a), UCMJ, 10 USC § 842 (a); and detailed to this case.”
United States v. Mitchell, 39 M.J. 131 (1994). “7 The first fact or circumstance of which a reasonable observer would be aware is that he is assessing the impact or possible impact of this fitness-report system on a military judge. See Art. 26(c), UCMJ, 10 USC § 826 (c).”
United States v. Warren, 13 M.J. 278 (1982). “75c(2), Manual for Courts-Martial, United States, 1969 (Revised edition); but this coexistence is limited to presentencing proceedings, and as to guilt or innocence an accused may only testify under oath.”
United States v. Steele, 53 M.J. 274 (C.A.A.F. 2000). · cites it 2× “Under Article 38(b)(2), "The accused may be represented by civilian counsel if provided by him." Neither Article 38 nor any other provision of the Code establishes any qualifications or requisites -- other than the oath -- for a civilian counsel to practice before a…”
Metz v. United States, 61 Fed. Cl. 154 (Fed. Cl. 2004). “See also 10 U.S.C. § 842 (Oaths); R.C.M. 807 (same).”
United States v. Hurt, 9 C.M.A. 735 (1958). “10 USC § 842 . Whether the change is one of substance or form need not concern us because it came after the trial.”
United States v. Miller, 19 M.J. 159 (1985). “1146, Manual, supra, Article 42(a), UCMJ, 10 U.S.C. § 842 (a). This oath obliges “[t]he member” to “undertake to administer justice, not according to his own private views of justice or his personal opinion as to what the law should be, but in strict compliance with” the law and…”
United States v. Albright, 9 C.M.A. 628 (1958). “Article 42 of the Uniform Code of Military Justice, 10 USC § 842 , sets out .the legal requirements of the officers who must take the oath before assuming their duties and functions in a court-martial.”
United States v. Parham, 14 C.M.A. 161 (1963). “Code, supra, Article 42, 10 USC § 842 ; United States v Slozes, 1 USCMA 47 , 1 CMR 47 .”
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