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. § 864

DEFINITIONS AND OTHER GENERAL PROVISIONS.

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“(a)Definitions.—In this subtitle:“(1)Matters relating to contracting.—The term ‘matters relating to contracting’, with respect to contracts in Iraq and Afghanistan, means all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel.“(2)Contract in iraq or afghanistan.—The term ‘contract in Iraq or Afghanistan’ means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, a task order or delivery order at any tier issued under such a contract, a grant, or a cooperative agreement (including a contract, subcontract, task order, delivery order, grant, or cooperative agreement issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, task order, delivery order, grant, or cooperative agreement involves worked [sic] performed in Iraq or Afghanistan for a period longer than 30 days.“(3)Covered contract.—The term ‘covered contract’ means—“(A) a contract of a Federal agency for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862;“(B) a subcontract at any tier under such a contract;“(C) a task order or delivery order issued under such a contract or subcontract;“(D) a grant for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862; or“(E) a cooperative agreement for the performance of services in such an area of combat operations.“(4)Contractor.—The term ‘contractor’, with respect to a covered contract, means—“(A) in the case of a covered contract that is a contract, subcontract, task order, or delivery order, the contractor or subcontractor carrying out the covered contract;“(B) in the case of a covered contract that is a grant, the grantee; and“(C) in the case of a covered contract that is a cooperative agreement, the recipient.“(5)Contractor personnel.—The term ‘contractor personnel’ means any person performing work under contract for the Department of Defense, the Department of State, or the United States Agency for International Development, in Iraq or Afghanistan, including individuals and subcontractors at any tier.“(6)Private security functions.—The term ‘private security functions’ means activities engaged in by a contractor under a covered contract as follows:“(A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.“(B) Any other activity for which personnel are required to carry weapons in the performance of their duties.“(7)Relevant committees of congress.—The term ‘relevant committees of Congress’ means each of the following committees:“(A) The Committees on Armed Services of the Senate and the House of Representatives.“(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives.“(C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.“(D) For purposes of contracts relating to the National Foreign Intelligence Program, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.“(b)Classified Information.—Nothing in this subtitle shall be interpreted to require the handling of classified information or information relating to intelligence sources and methods in a manner inconsistent with any law, regulation, executive order, or rule of the House of Representatives or of the Senate relating to the handling or protection of such information.”
Notes of Decisions
Cited in 145 cases (2 in the last 5 years), 1957–2024 · leading case: United States v. Nerad, 69 M.J. 138 (C.A.A.F. 2010).
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United States v. Nerad, 69 M.J. 138 (C.A.A.F. 2010). “Article 64, of the Uniform Code, supra, 10 U.S.C. § 864 . Not only does Article 66, supra, require that a board affirm findings of guilt which it determines to be correct in law and fact, but also that such determination be made “on the basis of the entire record.”
United States v. Arness, 74 M.J. 441 (C.A.A.F. 2015). · cites it 2× “See Article 64, UCMJ, 10 U.S.C. § 864 (2012). The second provision affecting a CCA’s jurisdiction provides that it may also review: (1) any court-martial case which (A) is subject to action by the Judge Advocate General under this section [§ 869], and (B) is sent to the Court of…”
Bolton v. Dep't of the Navy Bd. for Corr. of Naval Records, 914 F.3d 401 (6th Cir. 2019). · cites it 2× “64, 10 U.S.C. § 864 . The judge advocate must explain, in writing, whether the court-martial had jurisdiction over the accused, whether the charge stated an offense, and whether the sentence was legal.”
Noyd v. Bond, 395 U.S. 683 (1969). · cites it 2× “The court-martial's judgment was then forwarded to General Bond for the review required by 10 U. S. C. § 864 , and on May 10, 1968, the General approved the sentence, ordering that: "Pending completion of appellate review, the accused will be confined in the United States…”
Robert E. Curry v. Sec'y of the Army, 595 F.2d 873 (D.C. Cir. 1979). · cites it 3× “64, 10 U.S.C. § 864 (1976) which provides: In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the *875 sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in…”
United States v. Weiss, 36 M.J. 224 (1992). “64, 50 USC § 651 , recodified in 10 USC § 864 (1956) (“[T]he convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact.”
Steele v. Van Riper, 50 M.J. 89 (C.A.A.F. 1999). · cites it 2× “The Government also asserted that the findings could be approved after review by a judge advocate under Article 64, UCMJ, 10 USC § 864 (review of cases that have not been reviewed by a Court of Criminal Appeals under Article 66, UCMJ, 10 USC § 866 , or by the Judge Advocate…”
United States v. Suzuki, 14 M.J. 491 (1983). “Article 64, Uniform Code of Military Justice, 10 U.S.C. § 864 . Inasmuch as the sentence approved by the convening authority obviated the credit awarded by the military judge, no relief is required — regardless of the correctness of the judge’s rulings or the staff judge…”
United States v. Larner, 1 M.J. 371 (1976). “Johnson, supra; Articles 64 and 66, UCMJ, 10 U.S.C. §§ 864 and 866; paragraph 88a, Manual for Courts-Martial, United States, 1969 (Rev.”
United States v. Matthews, 16 M.J. 354 (1983). “Under Article 64, UCMJ, 10 U.S.C. § 864 , the convening authority has absolute discretion to disapprove this penalty.”
United States v. Diaz, 40 M.J. 335 (1994). “10 USC § 864 , 70A Stat. 58 (1956), instructed: In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in…”
United States v. Cansdale, 7 M.J. 143 (1979). · cites it 2× “Article 64, UCMJ, 10 U.S.C. § 864 . Also, every level of review is limited by the action of the lower level, Articles 65(b), 66(c), 67(d), UCMJ, 10 U.”
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