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. § 863

ANNUAL JOINT REPORT ON CONTRACTING IN IRAQ AND AFGHANISTAN.

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“(a)In General.—Except as provided in subsection (f), every 12 months, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall submit to the relevant committees of Congress a joint report on contracts in Iraq or Afghanistan.“(b)Primary Matters Covered.—A report under this section shall, at a minimum, cover the following with respect to contracts in Iraq and Afghanistan during the reporting period:“(1) Total number of contracts awarded.“(2) Total number of active contracts.“(3) Total value of all contracts awarded.“(4) Total value of active contracts.“(5) The extent to which such contracts have used competitive procedures.“(6) Percentage of contracts awarded on a competitive basis as compared to established goals for competition in contingency contracting actions.“(7) Total number of contractor personnel working on contracts at the end of each quarter of the reporting period.“(8) Total number of contractor personnel who are performing security functions at the end of each quarter of the reporting period.“(9) Total number of contractor personnel killed or wounded.“(c)Additional Matters Covered.—A report under this section shall also cover the following:“(1) The sources of information and data used to compile the information required under subsection (b).“(2) A description of any known limitations of the data reported under subsection (b), including known limitations of the methodology and data sources used to compile the report.“(3) Any plans for strengthening collection, coordination, and sharing of information on contracts in Iraq and Afghanistan through improvements to the common databases identified under section 861(b)(4).“(d)Reporting Period.—A report under this section shall cover a period of not less than 12 months.“(e)Submission of Reports.—The Secretaries and the Administrator shall submit an initial report under this section not later than February 1, 2011, and shall submit an updated report by February 1 of every year thereafter until February 1, 2015.“(f)Exception.—If the total annual amount of obligations for contracts in Iraq and Afghanistan combined is less than $250,000,000 for the reporting period, for all three agencies combined, the Secretaries and the Administrator may submit, in lieu of a report, a letter stating the applicability of this subsection, with such documentation as the Secretaries and the Administrator consider appropriate.“(g)Estimates.—In determining the total number of contractor personnel working on contracts under subsection (b)(6), the Secretaries and the Administrator may use estimates for any category of contractor personnel for which they determine it is not feasible to provide an actual count. The report shall fully disclose the extent to which estimates are used in lieu of an actual count.
Notes of Decisions
Cited in 92 cases (9 in the last 5 years), 1957–2024 · leading case: United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013).
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United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013). · cites it 3× “” 10 U.S.C. § 863 . 11 United States v. Winckelmann, No.”
United States v. Granderson, 511 U.S. 39 (1994). · cites it 2× “35(a)(2) (directing sentencing courts to correct sentences upon remand from a court of appeals if, after further sentencing proceedings, "the court determines that the original sentence was incorrect"); 10 U. S. C. § 863 (providing that upon rehearing in a court-martial, "no…”
United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014). · cites it 2× “Moreover, in such gratuitous circumstances it may even conflict with the Eighth Amendment and Article 13, UCMJ, 10 U.S.C. § 863 (2012). The majority asserts that “solitary confinement is certainly not the sole method for implementing the requirements of the statute.”
United States v. Mitchell, 58 M.J. 446 (C.A.A.F. 2003). · cites it 4× “In reaching this conclusion, the Court of Criminal Appeals held “that neither Article 63, UCMJ, [ 10 U.S.C. § 863 (2000)] nor Rule for Courts- Martial 810(d) [hereinafter R.”
United States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013). · cites it 2× “810(a)(2) specifically authorizes a rehearing on sentence, as does Article 63, UCMJ, 10 U.S.C. § 863 (2006) (limiting the sentence that may be imposed at a rehearing), and Article 66(d), UCMJ (authorizing the CCA to order a rehearing).”
United States v. Sales, 22 M.J. 305 (1986). “63, UCMJ, 10 U.S.C. § 863 . On other occasions, the Court of Military Review may be convinced that even if no error had occurred at trial, the accused’s sentence would have been at least of a certain magnitude.”
United States v. New, 55 M.J. 95 (C.A.A.F. 2001). · cites it 2× “63, UCMJ, 10 USC § 863 (an acquittal is final and unreviewable).”
United States v. Davis, 63 M.J. 171 (C.A.A.F. 2006). · cites it 2× “As written, Article 63(b), UCMJ, 10 U.S.C. § 863 (b) (1950), prohibited a sentence at a rehearing in excess of that “imposed” at the initial trial unless there were additional findings of guilty not considered at that first trial.”
United States v. Mizgala, 61 M.J. 122 (C.A.A.F. 2005). “10 U.S.C. § 863 (2000). . Military Rule of Evidence (M.”
United States v. Sills, 56 M.J. 239 (C.A.A.F. 2002). “63, UCMJ, 10 USC § 863 ); see also id. at § 7(e), 97 Stat.”
United States v. Cook, 12 M.J. 448 (1982). · cites it 2× “This addition of charges in connection with a rehearing does not seem inconsistent with the literal wording of Article 63(b) of the Code, 10 U.S.C. § 863 (b), which prescribes that “no sentence in excess of or more severe than the original sentence may be imposed, unless the…”
United States v. Mills, 12 M.J. 1 (1981). · cites it 2× “At a subsequent rehearing the maximum punishment would be controlled by Article 63(b), UCMJ, 10 U.S.C. § 863 , and paragraph 81 J(1), Manual for Courts-Martial, United States, 1969 (Revised edition).”
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