U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART V— ACQUISITION › Subpart Subpart G— Other Special Categories Of Contracting

10 U.S.C. § 861

MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.

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“(a)Memorandum of Understanding Required.—The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall, not later than July 1, 2008, enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan.“(b)Matters Covered.—The memorandum of understanding required by subsection (a) shall address, at a minimum, the following:“(1) Identification of the major categories of contracts in Iraq or Afghanistan being awarded by the Department of Defense, the Department of State, or the United States Agency for International Development.“(2) Identification of the roles and responsibilities of each department or agency for matters relating to contracting for contracts in Iraq or Afghanistan.“(3) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan.“(4) Identification of common databases that will serve as repositories of information on contracts in Iraq or Afghanistan and contractor personnel in Iraq or Afghanistan, including agreement on the elements to be included in the databases, including, at a minimum—“(A) with respect to each contract—“(i) a brief description of the contract (to the extent consistent with security considerations);“(ii) the total value of the contract; and“(iii) whether the contract was awarded competitively; and“(B) with respect to contractor personnel—“(i) the total number of personnel employed on contracts in Iraq or Afghanistan;“(ii) the total number of personnel performing security functions under contracts in Iraq or Afghanistan; and“(iii) the total number of personnel working under contracts in Iraq or Afghanistan who have been killed or wounded.“(5) Responsibility for maintaining and updating information in the common databases identified under paragraph (4).“(6) Responsibility for the collection and referral to the appropriate Government agency of any information relating to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) or chapter 212 of title 18, United States Code (commonly referred to as the Military Extraterritorial Jurisdiction Act), including a clarification of responsibilities under section 802(a)(10) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), as amended by section 552 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364).“(7) Mechanisms for ensuring that contractors are required to report offenses described in paragraph (6) that are alleged to have been committed by or against contractor personnel to appropriate investigative authorities.“(8) Responsibility for providing victim and witness protection and assistance to contractor personnel in connection with alleged offenses described in paragraph (6).“(9) Development of a requirement that a contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following:“(A) How and where to report an alleged offense described in paragraph (6).“(B) Where to seek the assistance required by paragraph (8).“(c)Implementation of Memorandum of Understanding.—Not later than 120 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall issue such policies or guidance and prescribe such regulations as are necessary to implement the memorandum of understanding for the relevant matters pertaining to their respective agencies.“(d)Copies Provided to Congress.—“(1)Memorandum of understanding.—Copies of the memorandum of understanding required by subsection (a) shall be provided to the relevant committees of Congress within 30 days after the memorandum is signed.“(2)Report on implementation.—Not later than 180 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall each provide a report to the relevant committees of Congress on the implementation of the memorandum of understanding.“(3)Databases.—The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development shall provide access to the common databases identified under subsection (b)(4) to the relevant committees of Congress.“(4)Contracts.—Effective on the date of the enactment of this Act [Jan. 28, 2008], copies of any contracts in Iraq or Afghanistan awarded after December 1, 2007, shall be provided to any of the relevant committees of Congress within 15 days after the submission of a request for such contract or contracts from such committee to the department or agency managing the contract.
Notes of Decisions
Cited in 206 cases (15 in the last 5 years), 1957–2022 · leading case: United States v. Chin, 75 M.J. 220 (C.A.A.F. 2016).
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United States v. Chin, 75 M.J. 220 (C.A.A.F. 2016). · cites it 4× “Because we conclude that a case is subject to a complete appellate review by a Court of Criminal Appeals under Article 66(c), UCMJ, unless, after trial and sentenc- ing, an accused waives appellate review altogether pursuant to Article 61, UCMJ, 10 U.S.C. § 861 (2012), we affirm…”
United States v. Kincheloe, 14 M.J. 40 (1982). · cites it 2× “Article 61, UCMJ, 10 U.S.C. § 861 . With respect to the two letters that were supplied from Commander Burgess’ personal file, we also find nothing disquieting.”
Gosa v. Mayden, 413 U.S. 665 (1973). · cites it 2× “61 of the Code, 10 U. S. C. § 861 , the convening authority then referred the case to his staff judge advocate for review.”
United States v. Barnes, 3 M.J. 406 (1977). · cites it 2× “3, 6 (1975) (footnote omitted), the Court, after noting the delays encountered in resolving continual complaints as to the adequacy of post-trial reviews, held: Accordingly, it is ordered that on and after May 15,1975, a copy of the written review required by Article 61 or…”
State v. Morley, 952 P.2d 167 (Wash. 1998). “§ 860 ); and the accused has a right to appellate review with the aid of counsel ( 10 U.S.C. §§ 861 and 870). Smith, 598 A.2d at 272-73 .”
United States v. Hardin, 7 M.J. 399 (1979). · cites it 2× “Accordingly, the strict statutory disqualifications embraced in Article 6(c), which prevent a staff judge advocate from acting for a reviewing authority under Article 61, UCMJ, 10 U.S.C. § 861 , do not necessarily apply to his performance of inherently prosecutorial functions…”
United States v. Newman, 14 M.J. 474 (1983). · cites it 2× “This same staff judge advocate reviewed the accused’s conviction in accordance with the direction for review set out in Article 61, Uniform Code of Military Justice, 10 U.S.C. § 861 . Over Judge Latimer’s dissent, it was held that through his actions prior to trial, “the staff…”
United States v. Miller, 62 M.J. 471 (C.A.A.F. 2006). · cites it 2× “Under Article 61(a), UCMJ, 10 U.S.C. § 861 (a) (2000): the accused may file with the convening authority a statement expressly waiving the right of the accused to such review.”
United States v. Fields, 9 C.M.A. 70 (1958). · cites it 2× “The only provisions of the Uniform Code of Military Justice relating to the post-trial review are set out in Article 61, 10 USC § 861 , in the following language : “The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal…”
United States v. Bodkins, 60 M.J. 322 (C.A.A.F. 2004). “See also Article 61(a), 10 U.S.C. § 861 (a) (review of the findings and sentence by the Court of Criminal Appeals may be waived only if an express waiver is filed with the convening authority by the accused after trial).”
United States v. DuBay, 17 C.M.A. 147 (1967). “If he determines that command control did not in fact exist, he will return the record to the convening authority, who will review the findings and take action thereon, in accordance with Code, supra, Articles 61 and 64, 10 USC §§ 861 , 864. The convening authority will forward…”
United States v. Kema, 10 C.M.A. 272 (1959). · cites it 4× “Apparently after the accused had raised an error at the board of review level touching on the failure of the staff judge advocate to meet the requirements of Article 61, Uniform Code of Military Justice, 10 USC § 861 , an affidavit was obtained by the Government.”
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