-CITE-
    10 USC CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND
           PENALTIES                                       01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
           CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES       

-MISC1-
    Sec.                                                     
    971.        Service credit: officers may not count service
                 performed while serving as cadet or midshipman.      
    972.        Members: effect of time lost.                         
    973.        Duties: officers on active duty; performance of civil
                 functions restricted.                                
    [974, 975.  Repealed or Renumbered.]                              
    976.        Membership in military unions, organizing of military
                 unions, and recognition of military unions
                 prohibited.                                          
    [977.       Repealed.]                                            
    978.        Drug and alcohol abuse and dependency: testing of new
                 entrants.                                            
    979.        Prohibition on loan and grant assistance to persons
                 convicted of certain crimes.                         
    980.        Limitation on use of humans as experimental subjects. 
    981.        Limitation on number of enlisted aides.               
    982.        Members: service on State and local juries.           
    983.        Institutions of higher education that prevent ROTC
                 access or military recruiting on campus: denial of
                 grants and contracts from Department of Defense,
                 Department of Education, and certain other
                 departments and agencies.                            
    985.        Persons convicted of capital crimes; certain other
                 persons: denial of specified burial-related benefits.
    986.        Security clearances: limitations.                     
    987.        Terms of consumer credit extended to members and
                 dependents: limitations.                             

                                AMENDMENTS                            
      2006 - Pub. L. 109-364, div. A, title VI, Sec. 670(b), Oct. 17,
    2006, 120 Stat. 2269, which directed amendment of the table of
    sections for this title by adding item 987, was executed to the
    table of sections for this chapter to reflect the probable intent
    of Congress.
      Pub. L. 109-163, div. A, title VI, Sec. 662(c)(2), Jan. 6, 2006,
    119 Stat. 3315, substituted "Persons convicted of capital crimes;
    certain other persons: denial of specified burial-related benefits"
    for "Persons convicted of capital crimes: denial of certain burial-
    related benefits" in item 985.
      2004 - Pub. L. 108-375, div. A, title VI, Sec. 651(f)(1), Oct.
    28, 2004, 118 Stat. 1972, struck out item 977 "Operation of
    commissary stores: assignment of active duty members generally
    prohibited".
      2001 - Pub. L. 107-107, div. A, title X, Sec. 1048(g)(2), Dec.
    28, 2001, 115 Stat. 1228, amended directory language of Pub. L. 106-
    65. See 1999 Amendment note below.
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1071(b)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-276, added item 986.
      1999 - Pub. L. 106-65, div. A, title V, Sec. 549(a)(2), Oct. 5,
    1999, 113 Stat. 611, as amended by Pub. L. 107-107, div. A, title
    X, Sec. 1048(g)(2), Dec. 28, 2001, 115 Stat. 1228, substituted
    "Institutions of higher education that prevent ROTC access or
    military recruiting on campus: denial of grants and contracts from
    Department of Defense, Department of Education, and certain other
    departments and agencies" for "Institutions of higher education
    that prohibit Senior ROTC units: denial of Department of Defense
    grants and contracts" in item 983.
      1998 - Pub. L. 105-261, div. A, title V, Sec. 569(b), Oct. 17,
    1998, 112 Stat. 2032, struck out item 974 "Civilian employment:
    enlisted members".
      1997 - Pub. L. 105-85, div. A, title X, Sec. 1077(a)(2), Nov. 18,
    1997, 111 Stat. 1915, added item 985.
      1996 - Pub. L. 104-201, div. A, title V, Sec. 581(c)(3), Sept.
    23, 1996, 110 Stat. 2538, struck out "enlisted" after "count" in
    item 971.
      Pub. L. 104-106, div. A, title V, Secs. 541(b), 561(c)(2), Feb.
    10, 1996, 110 Stat. 316, 322, substituted "Members: effect of time
    lost" for "Enlisted members: required to make up time lost" in item
    972 and added item 983.
      1993 - Pub. L. 103-160, div. A, title III, Sec. 351(b), Nov. 30,
    1993, 107 Stat. 1627, added item 977.
      1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1622(b)(3), Nov.
    29, 1989, 103 Stat. 1604, struck out item 975 "Prohibition on the
    sale of certain defense articles from the stocks of the Department
    of Defense".
      1988 - Pub. L. 100-456, div. A, title V, Sec. 521(a)(2), Sept.
    29, 1988, 102 Stat. 1973, substituted "Drug and alcohol abuse and
    dependency: testing of new entrants" for "Mandatory testing for
    drug, chemical, and alcohol abuse" in item 978.
      1987 - Pub. L. 100-180, div. A, title V, Sec. 513(a)(2), Dec. 4,
    1987, 101 Stat. 1091, substituted "Mandatory testing for drug,
    chemical, and alcohol abuse" for "Denial of entrance into the armed
    forces of persons dependent on drugs or alcohol" in item 978.
      1986 - Pub. L. 99-661, div. A, title V, Sec. 502(b), Nov. 14,
    1986, 100 Stat. 3864, added item 982.
      1984 - Pub. L. 98-525, title XIV, Sec. 1401(c)(2), Oct. 19, 1984,
    98 Stat. 2615, added items 979 to 981.
      1982 - Pub. L. 97-306, title IV, Sec. 408(c)(2), Oct. 14, 1982,
    96 Stat. 1446, struck out item 977 "Denial of certain benefits to
    persons who fail to complete at least two years of an original
    enlistment".
      Pub. L. 97-295, Sec. 1(14)(B), Oct. 12, 1982, 96 Stat. 1290,
    added item 978.
      1980 - Pub. L. 96-513, title V, Sec. 501(12), Dec. 12, 1980, 94
    Stat. 2908, substituted "officers on active duty" for "Regular
    officers" in item 973.
      Pub. L. 96-342, title X, Sec. 1002(b), Sept. 8, 1980, 94 Stat.
    1119, added item 977.
      1979 - Pub. L. 96-107, title VIII, Sec. 821(b), Nov. 9, 1979, 93
    Stat. 820, redesignated item 975 relating to membership in military
    unions as 976.
      1978 - Pub. L. 95-610, Sec. 2(b), Nov. 8, 1978, 92 Stat. 3088,
    added item 975 relating to military unions.
      Pub. L. 95-485, title VIII, Sec. 815(b), Oct. 20, 1978, 92 Stat.
    1626, added item 975 relating to sale of certain defense articles.
      1968 - Pub. L. 90-235, Secs. 4(a)(5)(B), 6(a)(6)(B), Jan. 2,
    1968, 81 Stat. 759, 762, added items 973 and 974.
      1958 - Pub. L. 85-861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1442,
    added items 971 and 972.

-End-



-CITE-
    10 USC Sec. 971                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 971. Service credit: officers may not count service performed
      while serving as cadet or midshipman

-STATUTE-
      (a) Prohibition on Counting Enlisted Service Performed While at
    Service Academy or in Navy Reserve. - The period of service under
    an enlistment or period of obligated service while also performing
    service as a cadet or midshipman or serving as a midshipman in the
    Navy Reserve may not be counted in computing, for any purpose, the
    length of service of an officer of an armed force or an officer in
    the Commissioned Corps of the Public Health Service.
      (b) Prohibition on Counting Service as a Cadet or Midshipman. -
    In computing length of service for any purpose, service as a cadet
    or midshipman may not be credited to any of the following officers:
        (1) An officer of the Navy or Marine Corps.
        (2) A commissioned officer of the Army or Air Force.
        (3) An officer of the Coast Guard.
        (4) An officer in the Commissioned Corps of the Public Health
      Service.

      (c) Service as a Cadet or Midshipman Defined. - In this section,
    the term "service as a cadet or midshipman" means - 
        (1) service as a cadet at the United States Military Academy,
      United States Air Force Academy, or United States Coast Guard
      Academy; or
        (2) service as a midshipman at the United States Naval Academy.

-SOURCE-
    (Added Pub. L. 85-861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1442;
    amended Pub. L. 90-235, Sec. 6(a) (1), Jan. 2, 1968, 81 Stat. 761;
    Pub. L. 98-557, Sec. 17(a), Oct. 30, 1984, 98 Stat. 2867; Pub. L.
    101-189, div. A, title VI, Sec. 652(a)(1)(A), (2), Nov. 29, 1989,
    103 Stat. 1461; Pub. L. 104-201, div. A, title V, Sec. 581, Sept.
    23, 1996, 110 Stat. 2537; Pub. L. 105-85, div. A, title X, Sec.
    1073(a)(13), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 109-163, div.
    A, title V, Sec. 515(b)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3233,
    3234.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    971          50:1414.                      June 25, 1956, ch. 439,  
                                                Sec. 4, 70 Stat. 333.   
    --------------------------------------------------------------------


                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-163 substituted "Navy Reserve"
    for "Naval Reserve" in heading and "Navy Reserve" for "Naval
    Reserve" in text.
      1997 - Subsec. (b)(4). Pub. L. 105-85 substituted "Commissioned
    Corps" for "commissioned corps".
      1996 - Pub. L. 104-201, Sec. 581(c)(3), struck out "enlisted"
    after "count" in section catchline.
      Subsec. (a). Pub. L. 104-201, Sec. 581(a), (c)(2), inserted
    heading, substituted "while also performing service as a cadet or
    midshipman or serving as a midshipman" for "while also serving as a
    cadet at the United States Military Academy, the United States Air
    Force Academy, or the United States Coast Guard Academy, or as a
    midshipman at the United States Naval Academy or", and inserted
    before period at end "or an officer in the Commissioned Corps of
    the Public Health Service".
      Subsec. (b). Pub. L. 104-201, Sec. 581(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "In
    computing length of service for any purpose - 
        "(1) no officer of the Navy or Marine Corps may be credited
      with service as a midshipman at the United States Naval Academy
      or as a cadet at the United States Military Academy, United
      States Air Force Academy, or United States Coast Guard Academy;
        "(2) no commissioned officer of the Army or Air Force may be
      credited with service as a midshipman at the United States Naval
      Academy or as a cadet at the United States Military Academy,
      United States Air Force Academy, or United States Coast Guard
      Academy; and
        "(3) no officer of the Coast Guard may be credited with service
      as a midshipman at the United States Naval Academy or as a cadet
      at the United States Military Academy, United States Air Force
      Academy, or United States Coast Guard Academy."
      Subsec. (c). Pub. L. 104-201, Sec. 581(c)(1), added subsec. (c).
      1989 - Subsec. (a). Pub. L. 101-189, Sec. 652(a)(1)(A), struck
    out ", under an appointment accepted after June 25, 1956," after
    "Naval Reserve".
      Subsec. (b)(1). Pub. L. 101-189, Sec. 652(a)(2)(A), struck out ",
    if he was appointed as a midshipman or cadet after March 4, 1913"
    after "United States Coast Guard Academy".
      Subsec. (b)(2). Pub. L. 101-189, Sec. 652(a)(2)(B), struck out ",
    if he was appointed as a midshipman or cadet after August 24, 1912"
    after "United States Coast Guard Academy".
      1984 - Subsec. (b)(3). Pub. L. 98-557 added par. (3).
      1968 - Pub. L. 90-235 designated existing provisions as subsec.
    (a) and added subsec. (b).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
    APPLICATION OF SUBSECTION (A) TO SERVICE UNDER APPOINTMENT ACCEPTED
                           BEFORE JUNE 26, 1956
      Section 652(a)(1)(B) of Pub. L. 101-189 provided that: "The
    limitation in section 971(a) of title 10, United States Code, shall
    not apply with respect to a period of service referred to in that
    section while also serving under an appointment as a cadet or
    midshipman accepted before June 26, 1956."

-End-



-CITE-
    10 USC Sec. 972                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 972. Members: effect of time lost

-STATUTE-
      (a) Enlisted Members Required To Make Up Time Lost. - An enlisted
    member of an armed force who - 
        (1) deserts;
        (2) is absent from his organization, station, or duty for more
      than one day without proper authority, as determined by competent
      authority;
        (3) is confined by military or civilian authorities for more
      than one day in connection with a trial, whether before, during,
      or after the trial; or
        (4) is unable for more than one day, as determined by competent
      authority, to perform his duties because of intemperate use of
      drugs or alcoholic liquor, or because of disease or injury
      resulting from his misconduct;

    is liable, after his return to full duty, to serve for a period
    that, when added to the period that he served before his absence
    from duty, amounts to the term for which he was enlisted or
    inducted.
      (b) Officers Not Allowed Service Credit for Time Lost. - In the
    case of an officer of an armed force who after February 10, 1996 - 
        (1) deserts;
        (2) is absent from his organization, station, or duty for more
      than one day without proper authority, as determined by competent
      authority;
        (3) is confined by military or civilian authorities for more
      than one day in connection with a trial, whether before, during,
      or after the trial; or
        (4) is unable for more than one day, as determined by competent
      authority, to perform his duties because of intemperate use of
      drugs or alcoholic liquor, or because of disease or injury
      resulting from his misconduct;

    the period of such desertion, absence, confinement, or inability to
    perform duties may not be counted in computing, for any purpose
    other than basic pay under section 205 of title 37, the officer's
    length of service.
      (c) Waiver of Recoupment of Time Lost for Confinement. - The
    Secretary concerned shall waive liability for a period of
    confinement in connection with a trial under subsection (a)(3), or
    exclusion of a period of confinement in connection with a trial
    under subsection (b)(3), in a case upon the occurrence of any of
    the following events:
        (1) For each charge - 
          (A) the charge is dismissed before or during trial in a final
        disposition of the charge; or
          (B) the trial results in an acquittal of the charge.

        (2) For each charge resulting in a conviction in such trial - 
          (A) the conviction is set aside in a final disposition of
        such charge, other than in a grant of clemency; or
          (B) a judgment of acquittal or a dismissal is entered upon a
        reversal of the conviction on appeal.

-SOURCE-
    (Added Pub. L. 85-861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1443;
    amended Pub. L. 104-106, div. A, title V, Sec. 561(a)-(c)(1), Feb.
    10, 1996, 110 Stat. 321, 322; Pub. L. 105-85, div. A, title X, Sec.
    1073(a)(14), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108-375, div.
    A, title V, Sec. 572, Oct. 28, 2004, 118 Stat. 1921.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    972          10 App.:629a.                 July 24, 1956, ch. 692,  
                                                Sec. 1, 70 Stat. 631.   
                 34 App.:183b.                                          
    --------------------------------------------------------------------


                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-375 added subsec. (c).
      1997 - Subsec. (b). Pub. L. 105-85 substituted "February 10,
    1996" for "the date of the enactment of the National Defense
    Authorization Act for Fiscal Year 1996" in introductory provisions.
      1996 - Pub. L. 104-106, Sec. 561(c)(1), substituted "Members:
    effect of time lost" for "Enlisted members: required to make up
    time lost" as section catchline.
      Pub. L. 104-106, Sec. 561(a), designated existing provisions as
    subsec. (a), inserted heading, added par. (3), redesignated par.
    (5) as (4), struck out former pars. (3) and (4), and added subsec.
    (b). Prior to amendment, subsec. (a)(3) and (4) read as follows:
      "(3) is confined for more than one day while awaiting trial and
    disposition of his case, and whose conviction has become final;
      "(4) is confined for more than one day under a sentence that has
    become final; or".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 561(e) of Pub. L. 104-106 provided that: "The amendments
    made by this section [enacting section 6328 of this title and
    amending this section and sections 1405, 3925, 3926, 8925, and 8926
    of this title] shall take effect on the date of the enactment of
    this Act [Feb. 10, 1996] and shall apply to any period of time
    covered by section 972 of title 10, United States Code, that occurs
    after that date."

-End-



-CITE-
    10 USC Sec. 973                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 973. Duties: officers on active duty; performance of civil
      functions restricted

-STATUTE-
      (a) No officer of an armed force on active duty may accept
    employment if that employment requires him to be separated from his
    organization, branch, or unit, or interferes with the performance
    of his military duties.
      (b)(1) This subsection applies - 
        (A) to a regular officer of an armed force on the active-duty
      list (and a regular officer of the Coast Guard on the active duty
      promotion list);
        (B) to a retired regular officer of an armed force serving on
      active duty under a call or order to active duty for a period in
      excess of 270 days; and
        (C) to a reserve officer of an armed force serving on active
      duty under a call or order to active duty for a period in excess
      of 270 days.

      (2)(A) Except as otherwise authorized by law, an officer to whom
    this subsection applies may not hold, or exercise the functions of,
    a civil office in the Government of the United States - 
        (i) that is an elective office;
        (ii) that requires an appointment by the President by and with
      the advice and consent of the Senate; or
        (iii) that is a position in the Executive Schedule under
      sections 5312 through 5317 of title 5.

      (B) An officer to whom this subsection applies may hold or
    exercise the functions of a civil office in the Government of the
    United States that is not described in subparagraph (A) when
    assigned or detailed to that office or to perform those functions.
      (3) Except as otherwise authorized by law, an officer to whom
    this subsection applies by reason of subparagraph (A) of paragraph
    (1) may not hold or exercise, by election or appointment, the
    functions of a civil office in the government of a State (or of any
    political subdivision of a State).
      (4)(A) An officer to whom this subsection applies by reason of
    subparagraph (B) or (C) of paragraph (1) may not hold, by election
    or appointment, a civil office in the government of a State (or of
    any political subdivision of a State) if the holding of such office
    while this subsection so applies to the officer - 
        (i) is prohibited under the laws of that State; or
        (ii) as determined by the Secretary of Defense or by the
      Secretary of Homeland Security with respect to the Coast Guard
      when it is not operating as a service in the Navy, interferes
      with the performance of the officer's duties as an officer of the
      armed forces.

      (B) Except as otherwise authorized by law, while an officer
    referred to in subparagraph (A) is serving on active duty, the
    officer may not exercise the functions of a civil office held by
    the officer as described in that subparagraph.
      (5) Nothing in this subsection shall be construed to invalidate
    any action undertaken by an officer in furtherance of assigned
    official duties.
      (6) In this subsection, the term "State" includes the District of
    Columbia and a territory, possession, or commonwealth of the United
    States.
      (c) An officer to whom subsection (b) applies may seek and hold
    nonpartisan civil office on an independent school board that is
    located exclusively on a military reservation.
      (d) The Secretary of Defense, and the Secretary of Homeland
    Security with respect to the Coast Guard when it is not operating
    in the Navy, shall prescribe regulations to implement this section.

-SOURCE-
    (Added Pub. L. 90-235, Sec. 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759;
    amended Pub. L. 96-513, title I, Sec. 116, Dec. 12, 1980, 94 Stat.
    2878; Pub. L. 98-94, title X, Sec. 1002(a), Sept. 24, 1983, 97
    Stat. 655; Pub. L. 101-510, div. A, title V, Sec. 556, Nov. 5,
    1990, 104 Stat. 1570; Pub. L. 106-65, div. A, title V, Sec. 506,
    Oct. 5, 1999, 113 Stat. 591; Pub. L. 107-296, title XVII, Sec.
    1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108-136, div. A,
    title V, Sec. 545, Nov. 24, 2003, 117 Stat. 1479.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(3). Pub. L. 108-136, Sec. 545(2), inserted "by
    reason of subparagraph (A) of paragraph (1)" after "applies" and
    substituted "(or of any political subdivision of a State)" for ",
    the District of Columbia, or a territory, possession, or
    commonwealth of the United States (or of any political subdivision
    of any such government)".
      Subsec. (b)(4), (5). Pub. L. 108-136, Sec. 545(1), (3), added
    par. (4) and redesignated former par. (4) as (5).
      Subsec. (b)(6). Pub. L. 108-136, Sec. 545(4), added par. (6).
      2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation".
      1999 - Subsec. (b)(1)(B), (C). Pub. L. 106-65 substituted "270
    days" for "180 days".
      1990 - Subsecs. (c), (d). Pub. L. 101-510 added subsec. (c) and
    redesignated former subsec. (c) as (d).
      1983 - Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally.
    Prior to amendment subsec. (b) provided that, except as otherwise
    provided by law, no regular officer of an armed force on active
    duty could hold a civil office by election or appointment, whether
    under the United States, a Territory or possession, or a State, and
    that acceptance of such a civil office or the exercise of its
    functions by such an officer terminated his military appointment.
      Subsec. (c). Pub. L. 98-94 added subsec. (c).
      1980 - Pub. L. 96-513, Sec. 116(c), substituted "officers on
    active duty" for "regular officers" in section catchline.
      Subsec. (a). Pub. L. 96-513, Sec. 116(a), substituted "of an
    armed force on active duty" for "on the active list of the Regular
    Army, Regular Navy, Regular Air Force, Regular Marine Corps, or
    Regular Coast Guard".
      Subsec. (b). Pub. L. 96-513, Sec. 116(b), substituted "regular
    officer of an armed force on active duty" for "on the active list
    of the Regular Army, Regular Navy, Regular Air Force, Regular
    Marine Corps, or Regular Coast Guard".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the
    authority to prescribe regulations under the amendment by Pub. L.
    96-513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96-
    513, set out as a note under section 101 of this title.

             CONSTRUCTION AND APPLICABILITY OF SECTION 973(B)         
      Section 1002(b), (c) of Pub. L. 98-94 provided that:
      "(b) Nothing in section 973(b) of title 10, United States Code,
    as in effect before the date of the enactment of this Act [Sept.
    24, 1983], shall be construed - 
        "(1) to invalidate any action undertaken by an officer of an
      Armed Force in furtherance of assigned official duties; or
        "(2) to have terminated the military appointment of an officer
      of an Armed Force by reason of the acceptance of a civil office,
      or the exercise of its functions, by that officer in furtherance
      of assigned official duties.
      "(c) Nothing in section 973(b)(3) of title 10, United States
    Code, as added by subsection (a), shall preclude a Reserve office
    to whom such section applies from holding or exercising the
    functions of an office described in such section for the term to
    which the Reserve officer was elected or appointed if, before the
    date of the enactment of this Act [Sept. 24, 1983], the Reserve
    officer accepted appointment or election to that office in
    accordance with the laws and regulations in effect at the time of
    such appointment or election."

-End-



-CITE-
    10 USC Sec. 974                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 974. Repealed.

-MISC1-
    [Sec. 974. Repealed. Pub. L. 105-261, div. A, title V, Sec. 569(a),
      Oct. 17, 1998, 112 Stat. 2032].
      Section, added Pub. L. 90-235, Sec. 6(a)(6)(A), Jan. 2, 1968, 81
    Stat. 762; amended Pub. L. 101-510, div. A, title III, Sec. 327(e),
    Nov. 5, 1990, 104 Stat. 1532, related to civilian employment by
    enlisted members.

-End-



-CITE-
    10 USC Sec. 975                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    [Sec. 975. Renumbered Sec. 2390]
-STATUTE-


-End-



-CITE-
    10 USC Sec. 976                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 976. Membership in military unions, organizing of military
      unions, and recognition of military unions prohibited

-STATUTE-
      (a) In this section:
        (1) The term "member of the armed forces" means (A) a member of
      the armed forces who is serving on active duty, (B) a member of
      the National Guard who is serving on full-time National Guard
      duty, or (C) a member of a Reserve component while performing
      inactive-duty training.
        (2) The term "military labor organization" means any
      organization that engages in or attempts to engage in - 
          (A) negotiating or bargaining with any civilian officer or
        employee, or with any member of the armed forces, on behalf of
        members of the armed forces, concerning the terms or conditions
        of military service of such members in the armed forces;
          (B) representing individual members of the armed forces
        before any civilian officer or employee, or any member of the
        armed forces, in connection with any grievance or complaint of
        any such member arising out of the terms or conditions of
        military service of such member in the armed forces; or
          (C) striking, picketing, marching, demonstrating, or any
        other similar form of concerted action which is directed
        against the Government of the United States and which is
        intended to induce any civilian officer or employee, or any
        member of the armed forces, to - 
            (i) negotiate or bargain with any person concerning the
          terms or conditions of military service of any member of the
          armed forces,
            (ii) recognize any organization as a representative of
          individual members of the armed forces in connection with
          complaints and grievances of such members arising out of the
          terms or conditions of military service of such members in
          the armed forces, or
            (iii) make any change with respect to the terms or
          conditions of military service of individual members of the
          armed forces.

        (3) The term "civilian officer or employee" means an employee,
      as such term is defined in section 2105 of title 5.

      (b) It shall be unlawful for a member of the armed forces,
    knowing of the activities or objectives of a particular military
    labor organization - 
        (1) to join or maintain membership in such organization; or
        (2) to attempt to enroll any other member of the armed forces
      as a member of such organization.

      (c) It shall be unlawful for any person - 
        (1) to enroll in a military labor organization any member of
      the armed forces or to solicit or accept dues or fees for such an
      organization from any member of the armed forces; or
        (2) to negotiate or bargain, or attempt through any coercive
      act to negotiate or bargain, with any civilian officer or
      employee, or any member of the armed forces, on behalf of members
      of the armed forces, concerning the terms or conditions of
      service of such members;
        (3) to organize or attempt to organize, or participate in, any
      strike, picketing, march, demonstration, or other similar form of
      concerted action involving members of the armed forces that is
      directed against the Government of the United States and that is
      intended to induce any civilian officer or employee, or any
      member of the armed forces, to - 
          (A) negotiate or bargain with any person concerning the terms
        or conditions of service of any member of the armed forces,
          (B) recognize any military labor organization as a
        representative of individual members of the armed forces in
        connection with any complaint or grievance of any such member
        arising out of the terms or conditions of service of such
        member in the armed forces, or
          (C) make any change with respect to the terms or conditions
        of service in the armed forces of individual members of the
        armed forces; or

        (4) to use any military installation, facility, reservation,
      vessel, or other property of the United States for any meeting,
      march, picketing, demonstration, or other similar activity for
      the purpose of engaging in any activity prohibited by this
      subsection or by subsection (b) or (d).

      (d) It shall be unlawful for any military labor organization to
    represent, or attempt to represent, any member of the armed forces
    before any civilian officer or employee, or any member of the armed
    forces, in connection with any grievance or complaint of any such
    member arising out of the terms or conditions of service of such
    member in the armed forces.
      (e) No member of the armed forces, and no civilian officer or
    employee, may - 
        (1) negotiate or bargain on behalf of the United States
      concerning the terms or conditions of military service of members
      of the armed forces with any person who represents or purports to
      represent members of the armed forces, or
        (2) permit or authorize the use of any military installation,
      facility, reservation, vessel, or other property of the United
      States for any meeting, march, picketing, demonstration, or other
      similar activity which is for the purpose of engaging in any
      activity prohibited by subsection (b), (c), or (d).

    Nothing in this subsection shall prevent commanders or supervisors
    from giving consideration to the views of any member of the armed
    forces presented individually or as a result of participation on
    command-sponsored or authorized advisory councils, committees, or
    organizations.
      (f) Whoever violates subsection (b), (c), or (d) shall be fined
    under title 18 or imprisoned not more than 5 years, or both, except
    that, in the case of an organization (as defined in section 18 of
    such title), the fine shall not be less than $25,000.
      (g) Nothing in this section shall limit the right of any member
    of the armed forces - 
        (1) to join or maintain membership in any organization or
      association not constituting a "military labor organization" as
      defined in subsection (a)(2) of this section;
        (2) to present complaints or grievances concerning the terms or
      conditions of the service of such member in the armed forces in
      accordance with established military procedures;
        (3) to seek or receive information or counseling from any
      source;
        (4) to be represented by counsel in any legal or quasi-legal
      proceeding, in accordance with applicable laws and regulations;
        (5) to petition the Congress for redress of grievances; or
        (6) to take such other administrative action to seek such
      administrative or judicial relief, as is authorized by applicable
      laws and regulations.

-SOURCE-
    (Added Pub. L. 95-610, Sec. 2(a), Nov. 8, 1978, 92 Stat. 3085, Sec.
    975; renumbered Sec. 976, Pub. L. 96-107, title VIII, Sec. 821(a),
    Nov. 9, 1979, 93 Stat. 820; amended Pub. L. 98-525, title IV, Sec.
    414(a)(6), Oct. 19, 1984, 98 Stat. 2519; Pub. L. 99-661, div. A,
    title XIII, Sec. 1343(a)(2), Nov. 14, 1986, 100 Stat. 3992; Pub. L.
    100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 105-85,
    div. A, title X, Sec. 1073(a)(15), Nov. 18, 1997, 111 Stat. 1900.)


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (f). Pub. L. 105-85 substituted "shall be fined
    under title 18 or imprisoned not more than 5 years, or both, except
    that, in the case of an organization (as defined in section 18 of
    such title), the fine shall not be less than $25,000." for "shall,
    in the case of an individual, be fined not more than $10,000 or
    imprisoned not more than five years, or both, and in the case of an
    organization or association, be fined not less than $25,000 and not
    more than $250,000."
      1987 - Subsec. (a)(1) to (3). Pub. L. 100-26 inserted "The term"
    after each par. designation and struck out uppercase letter of
    first word after first quotation marks in each paragraph and
    substituted lowercase letter.
      1986 - Subsec. (a)(1). Pub. L. 99-661 struck out the second of
    two commas before "(B)".
      1984 - Subsec. (a)(1). Pub. L. 98-525 added cl. (B) and
    redesignated existing cl. (B) as (C).

             CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE         
      Section 1 of Pub. L. 95-610 provided that:
      "(a) The Congress makes the following findings:
        "(1) Members of the armed forces of the United States must be
      prepared to fight and, if necessary, to die to protect the
      welfare, security, and liberty of the United States and of their
      fellow citizens.
        "(2) Discipline and prompt obedience to lawful orders of
      superior officers are essential and time-honored elements of the
      American military tradition and have been reinforced from the
      earliest articles of war by laws and regulations prohibiting
      conduct detrimental to the military chain of command and lawful
      military authority.
        "(3) The processes of conventional collective bargaining and
      labor-management negotiation cannot and should not be applied to
      the relationships between members of the armed forces and their
      military and civilian superiors.
        "(4) Strikes, slowdowns, picketing, and other traditional forms
      of job action have no place in the armed forces.
        "(5) Unionization of the armed forces would be incompatible
      with the military chain of command, would undermine the role,
      authority, and position of the commander, and would impair the
      morale and readiness of the armed forces.
        "(6) The circumstances which could constitute a threat to the
      ability of the armed forces to perform their mission are not
      comparable to the circumstances which could constitute a threat
      to the ability of Federal civilian agencies to perform their
      functions and should be viewed in light of the need for effective
      performance of duty by each member of the armed forces.
      "(b) The purpose of this Act [enacting this section] is to
    promote the readiness of the armed forces to defend the United
    States."

-End-



-CITE-
    10 USC Sec. 977                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 977. Repealed.

-MISC1-
    [Sec. 977. Repealed. Pub. L. 108-375, div. A, title VI, Sec.
      651(e)(1), Oct. 28, 2004, 118 Stat. 1972].
      Section, added Pub. L. 103-160, div. A, title III, Sec. 351(a),
    Nov. 30, 1993, 107 Stat. 1626; amended Pub. L. 105-85, div. A,
    title X, Sec. 1073(a)(16), Nov. 18, 1997, 111 Stat. 1901; Pub. L.
    106-65, div. A, title X, Sec. 1066(a)(6), Oct. 5, 1999, 113 Stat.
    770, related to prohibition of assignment of active duty members to
    operation of commissary stores.
      A prior section, added Pub. L. 96-342, title X, Sec. 1002(a),
    Sept. 8, 1980, 94 Stat. 1119; amended Pub. L. 97-22, Sec. 11(a)(1),
    July 10, 1981, 95 Stat. 137, provided that no one who originally
    enlisted after Sept. 7, 1980, in a regular armed services component
    and failed to serve at least 24 months of such enlistment would be
    eligible for Federal benefits otherwise receivable because of
    active service under such enlistment, except that such exclusion
    was not applicable to one discharged under section 1173 of chapter
    61 of this title or to one later proved to be suffering from a
    disability resulting from an injury or disease incurred during
    enlistment, prior to repeal by Pub. L. 97-306, title IV, Sec.
    408(c)(1), Oct. 14, 1982, 96 Stat. 1446. See section 5303A of Title
    38, Veterans' Benefits, and provisions set out as notes under that
    section.

-End-



-CITE-
    10 USC Sec. 978                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 978. Drug and alcohol abuse and dependency: testing of new
      entrants

-STATUTE-
      (a)(1) The Secretary concerned shall require that, except as
    provided under paragraph (2), each person applying for an original
    enlistment or appointment in the armed forces shall be required,
    before becoming a member of the armed forces, to - 
        (A) undergo testing (by practicable, scientifically supported
      means) for drug and alcohol use; and
        (B) be evaluated for drug and alcohol dependency.

      (2) The Secretary concerned may provide that, in lieu of
    undergoing the testing and evaluation described in paragraph (1)
    before becoming a member of the armed forces, a member of the armed
    forces under the Secretary's jurisdiction may be administered that
    testing and evaluation after the member's initial entry on active
    duty. In any such case, the testing and evaluation shall be carried
    out within 72 hours of the member's initial entry on active duty.
      (3) The Secretary concerned shall require an applicant for
    appointment as a cadet or midshipman to undergo the testing and
    evaluation described in paragraph (1) within 72 hours of such
    appointment. The Secretary concerned shall require a person to whom
    a commission is offered under section 2106 of this title following
    completion of the program of advanced training under the Reserve
    Officers' Training Corps program to undergo such testing and
    evaluation before such an appointment is executed.
      (b) A person who refuses to consent to testing and evaluation
    required by subsection (a) may not (unless that person subsequently
    consents to such testing and evaluation) - 
        (1) be accepted for an original enlistment in the armed forces
      or given an original appointment as an officer in the armed
      forces; or
        (2) if such person is already a member of the armed forces, be
      retained in the armed forces.

    An original appointment of any such person as an officer shall be
    terminated.
      (c)(1) A person determined, as the result of testing conducted
    under subsection (a)(1), to be dependent on drugs or alcohol shall
    be denied entrance into the armed forces.
      (2) The enlistment or appointment of a person who is determined,
    as a result of an evaluation conducted under subsection (a)(2), to
    be dependent on drugs or alcohol at the time of such enlistment or
    appointment shall be void.
      (3) A person who is denied entrance into the armed forces under
    paragraph (1), or whose enlistment or appointment is voided under
    paragraph (2), shall be referred to a civilian treatment facility.
      (4) The Secretary concerned may place on excess leave any member
    of the armed forces whose test results under subsection (a)(2) are
    positive for drug or alcohol use. The Secretary may continue such
    member's status on excess leave pending disposition of the member's
    case and processing for administrative separation.
      (d) The testing and evaluation required by subsection (a) shall
    be carried out under regulations prescribed by the Secretary of
    Defense in consultation with the Secretary of Homeland Security.
    Those regulations shall apply uniformly throughout the armed
    forces.
      (e) In time of war, or time of emergency declared by Congress or
    the President, the President may suspend the provisions of
    subsection (a).

-SOURCE-
    (Added Pub. L. 97-295, Sec. 1(14)(A), Oct. 12, 1982, 96 Stat. 1289;
    amended Pub. L. 100-180, div. A, title V, Sec. 513(a)(1), Dec. 4,
    1987, 101 Stat. 1091; Pub. L. 100-456, div. A, title V, Sec.
    521(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 101-189, div. A,
    title V, Sec. 513(a)-(c), Nov. 29, 1989, 103 Stat. 1440; Pub. L.
    101-510, div. A, title XIV, Sec. 1484(k)(4), Nov. 5, 1990, 104
    Stat. 1719; Pub. L. 103-160, div. A, title V, Sec. 572, Nov. 30,
    1993, 107 Stat. 1673; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),
    Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Revised         Source (U.S. Code)           Source (Statutes at   
     section                                             Large)         
    --------------------------------------------------------------------
    978          10:1071 (note).               Sept. 28, 1971, Pub. L.  
                                                92-129, Sec. 501(a)(2), 
                                                (b), 85 Stat. 361.      
    --------------------------------------------------------------------

      The word "regulations" is added for consistency. The word
    "persons" is omitted as surplus. The word "person" is substituted
    for "individuals" for consistency. The text of subsection (b) is
    omitted as executed.

                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation".
      1993 - Subsec. (a)(3). Pub. L. 103-160 substituted "within 72
    hours of such appointment" for "during the physical examination
    given the applicant before such appointment" and "before such an
    appointment is executed" for "during the precommissioning physical
    examination given such person".
      1990 - Subsec. (c)(3). Pub. L. 101-510 struck out "a" before
    "whose enlistment".
      1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 513(a)(2), added
    par. (1) and struck out former par. (1) which read as follows:
    "Except as provided in paragraph (2), the Secretary concerned shall
    require each member of the armed forces under the Secretary's
    jurisdiction, within 72 hours after the member's initial entry on
    active duty after enlistment or appointment, to - 
        "(A) undergo testing (by practicable, scientifically supported
      means) for drug and alcohol use; and
        "(B) be evaluated for drug and alcohol dependency."
      Subsec. (a)(2), (3). Pub. L. 101-189, Sec. 513(a), added par. (2)
    and redesignated former par. (2) as (3).
      Subsec. (b). Pub. L. 101-189, Sec. 513(b)(1), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "A
    person who refuses to consent to testing and evaluation required by
    subsection (a) may not be retained in the armed forces, and any
    original appointment of such person as an officer shall be
    terminated, unless that person consents to such testing and
    evaluation."
      Subsec. (c)(1). Pub. L. 101-189, Sec. 513(b)(2)(B), added par.
    (1). Former par. (1) redesignated (2).
      Subsec. (c)(2). Pub. L. 101-189, Sec. 513(b)(2)(A), (C),
    redesignated par. (1) as (2) and substituted "subsection (a)(2)"
    for "subsection (a)(1)(B)". Former par. (2) redesignated (3).
      Subsec. (c)(3). Pub. L. 101-189, Sec. 513(b)(2)(A), (D),
    redesignated par. (2) as (3), inserted "who is denied entrance into
    the armed forces under paragraph (1), or a" after "A person", and
    substituted "paragraph (2)," for "paragraph (1)".
      Subsec. (c)(4). Pub. L. 101-189, Sec. 513(c), added par. (4).
      1988 - Pub. L. 100-456 substituted "Drug and alcohol abuse and
    dependency: testing of new entrants" for "Mandatory testing for
    drug, chemical, and alcohol abuse" in section catchline, and
    amended text generally. Prior to amendment, text read as follows:
      "(a) Before a person becomes a member of the armed forces, such
    person shall be required to undergo testing for drug, chemical, and
    alcohol use and dependency.
      "(b) A person who refuses to consent to testing required by
    subsection (a) may not be accepted for an original enlistment in
    the armed forces or given an original appointment as an officer in
    the armed forces unless that person consents to such testing.
      "(c) A person determined, as the result of testing conducted
    under subsection (a), to be dependent on drugs, chemicals, or
    alcohol shall be - 
        "(1) denied entrance into the armed forces; and
        "(2) referred to a civilian treatment facility.
      "(d) The testing required by subsection (a) shall be carried out
    under regulations prescribed by the Secretary of Defense in
    consultation with the Secretary of Transportation. Those
    regulations shall apply uniformly throughout the armed forces."
      1987 - Pub. L. 100-180 substituted "Mandatory testing for drug,
    chemical, and alcohol abuse" for "Denial of entrance into the armed
    forces of persons dependent on drugs or alcohol" in section
    catchline, and amended text generally, revising and restating as
    subsecs. (a) to (d) provisions formerly contained in subsecs. (a)
    and (b).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 513(d) of Pub. L. 101-189 provided that: "The amendments
    made by subsections (a) and (b) [amending this section] shall take
    effect as of October 1, 1989."

                  REGULATIONS; IMPLEMENTATION OF PROGRAM              
      Section 521(b), (c) of Pub. L. 100-456 provided that:
      "(b) Regulations. - The Secretary of Defense shall prescribe
    regulations for the implementation of section 978 of title 10,
    United States Code, as amended by subsection (a), not later than 60
    days after the date of the enactment of this Act [Sept. 29, 1988].
      "(c) Effective Date. - The testing and evaluation program
    prescribed by that section shall be implemented not later than
    October 1, 1989."

                              IMPLEMENTATION                          
      Section 513(b) of Pub. L. 100-180, as amended by Pub. L. 100-456,
    div. A, title V, Sec. 521(d), Sept. 29, 1988, 102 Stat. 1973,
    provided that:
      "(1) The Secretary of Defense shall prescribe regulations for the
    implementation of section 978 of title 10, United States Code, as
    amended by subsection (a), not later than 45 days after the date of
    the enactment of this Act [Dec. 4, 1987].
      "(2) [Repealed. Pub. L. 100-456, div. A, title V, Sec. 521(d),
    Sept. 29, 1988, 102 Stat. 1973]."

-End-



-CITE-
    10 USC Sec. 979                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 979. Prohibition on loan and grant assistance to persons
      convicted of certain crimes

-STATUTE-
      Funds appropriated to the Department of Defense may not be used
    to provide a loan, a guarantee of a loan, or a grant to any person
    who has been convicted by a court of general jurisdiction of any
    crime which involves the use of (or assisting others in the use of)
    force, trespass, or the seizure of property under the control of an
    institution of higher education to prevent officials or students of
    the institution from engaging in their duties or pursuing their
    studies.

-SOURCE-
    (Added Pub. L. 98-525, title XIV, Sec. 1401(c)(1), Oct. 19, 1984,
    98 Stat. 2615.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following appropriation acts:
      Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8027],
    Oct. 12, 1984, 98 Stat. 1904, 1928.
      Pub. L. 98-212, title VII, Sec. 732, Dec. 8, 1983, 97 Stat. 1444.
      Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 735], Dec.
    21, 1982, 96 Stat. 1833, 1856.
      Pub. L. 97-114, title VII, Sec. 736, Dec. 29, 1981, 95 Stat.
    1585.
      Pub. L. 96-527, title VII, Sec. 737, Dec. 15, 1980, 94 Stat.
    3087.
      Pub. L. 96-154, title VII, Sec. 739, Dec. 21, 1979, 93 Stat.
    1159.
      Pub. L. 95-457, title VIII, Sec. 839, Oct. 13, 1978, 92 Stat.
    1250.
      Pub. L. 95-111, title VIII, Sec. 838, Sept. 21, 1977, 91 Stat.
    906.
      Pub. L. 94-419, title VII, Sec. 737, Sept. 22, 1976, 90 Stat.
    1297.
      Pub. L. 94-212, title VII, Sec. 737, Feb. 9, 1976, 90 Stat. 175.
      Pub. L. 93-437, title VIII, Sec. 838, Oct. 8, 1974, 88 Stat.
    1231.
      Pub. L. 93-238, title VII, Sec. 740, Jan. 2, 1974, 87 Stat. 1045.
      Pub. L. 92-570, title VII, Sec. 740, Oct. 26, 1972, 86 Stat.
    1203.
      Pub. L. 92-204, title VII, Sec. 741, Dec. 18, 1971, 85 Stat. 734.
      Pub. L. 91-668, title VIII, Sec. 841, Jan. 11, 1971, 84 Stat.
    2037.
      Pub. L. 91-171, title VI, Sec. 641, Dec. 29, 1969, 83 Stat. 486.
      Pub. L. 90-580, title V, Sec. 540, Oct. 17, 1968, 82 Stat. 1136.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-
    525, set out as a note under section 520b of this title.

-End-



-CITE-
    10 USC Sec. 980                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 980. Limitation on use of humans as experimental subjects

-STATUTE-
      (a) Funds appropriated to the Department of Defense may not be
    used for research involving a human being as an experimental
    subject unless - 
        (1) the informed consent of the subject is obtained in advance;
      or
        (2) in the case of research intended to be beneficial to the
      subject, the informed consent of the subject or a legal
      representative of the subject is obtained in advance.

      (b) The Secretary of Defense may waive the prohibition in this
    section with respect to a specific research project to advance the
    development of a medical product necessary to the armed forces if
    the research project may directly benefit the subject and is
    carried out in accordance with all other applicable laws.

-SOURCE-
    (Added Pub. L. 98-525, title XIV, Sec. 1401(c)(1), Oct. 19, 1984,
    98 Stat. 2615; amended Pub. L. 107-107, div. A, title VII, Sec.
    733, Dec. 28, 2001, 115 Stat. 1170.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following appropriation acts:
      Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8029],
    Oct. 12, 1984, 98 Stat. 1904, 1929.
      Pub. L. 98-212, title VII, Sec. 734, Dec. 8, 1983, 97 Stat. 1444.
      Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 737], Dec.
    21, 1982, 96 Stat. 1833, 1857.
      Pub. L. 97-114, title VII, Sec. 738, Dec. 29, 1981, 95 Stat.
    1585.
      Pub. L. 96-527, title VII, Sec. 739, Dec. 15, 1980, 94 Stat.
    3088.
      Pub. L. 96-154, title VII, Sec. 741, Dec. 21, 1979, 93 Stat.
    1159.
      Pub. L. 95-457, title VIII, Sec. 841, Oct. 13, 1978, 92 Stat.
    1251.
      Pub. L. 95-111, title VIII, Sec. 840, Sept. 21, 1977, 91 Stat.
    906.
      Pub. L. 94-419, title VII, Sec. 739, Sept. 22, 1976, 90 Stat.
    1297.
      Pub. L. 94-212, title VII, Sec. 740, Feb. 9, 1976, 90 Stat. 175.
      Pub. L. 93-437, title VIII, Sec. 841, Oct. 8, 1974, 88 Stat.
    1231.
      Pub. L. 93-238, title VII, Sec. 743, Jan. 2, 1974, 87 Stat. 1045.
      Pub. L. 92-570, title VII, Sec. 745, Oct. 26, 1972, 86 Stat.
    1203.

                                AMENDMENTS                            
      2001 - Pub. L. 107-107 designated existing provisions as subsec.
    (a) and added subsec. (b).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-
    525, set out as a note under section 520b of this title.

-End-



-CITE-
    10 USC Sec. 981                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 981. Limitation on number of enlisted aides

-STATUTE-
      (a) Subject to subsection (b), the total number of enlisted
    members that may be assigned or otherwise detailed to duty as
    enlisted aides on the personal staffs of officers of the Army,
    Navy, Marine Corps, Air Force, and Coast Guard (when operating as a
    service of the Navy) during a fiscal year is the number equal to
    the sum of (1) four times the number of officers serving on active
    duty at the end of the preceding fiscal year in the grade of
    general or admiral, and (2) two times the number of officers
    serving on active duty at the end of the preceding fiscal year in
    the grade of lieutenant general or vice admiral.
      (b) Not more than 300 enlisted members may be assigned to duty at
    any time as enlisted aides for officers of the Army, Navy, Air
    Force, and Marine Corps.

-SOURCE-
    (Added Pub. L. 98-525, title XIV, Sec. 1401(c)(1), Oct. 19, 1984,
    98 Stat. 2615.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in subsec. (a) of this section were
    contained in Pub. L. 94-106, title VIII, Sec. 820(a), Oct. 7, 1975,
    89 Stat. 544, prior to repeal by Pub. L. 98-525, Secs. 1403(c),
    1404, eff. Oct. 1, 1985.
      Provisions similar to those in subsec. (b) of this section were
    contained in the following appropriation acts:
      Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8034],
    Oct. 12, 1984, 98 Stat. 1904, 1930.
      Pub. L. 98-212, title VII, Sec. 742, Dec. 8, 1983, 97 Stat. 1446.
      Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 745], Dec.
    21, 1982, 96 Stat. 1833, 1858.
      Pub. L. 97-114, title VII, Sec. 746, Dec. 29, 1981, 95 Stat.
    1586.
      Pub. L. 96-527, title VII, Sec. 747, Dec. 15, 1980, 94 Stat.
    3089.
      Pub. L. 96-154, title VII, Sec. 748, Dec. 21, 1979, 93 Stat.
    1160.
      Pub. L. 95-457, title VIII, Sec. 848, Oct. 13, 1978, 92 Stat.
    1252.
      Pub. L. 95-111, title VIII, Sec. 849, Sept. 21, 1977, 91 Stat.
    908.
      Pub. L. 94-419, title VII, Sec. 748, Sept. 22, 1976, 90 Stat.
    1299.
      Pub. L. 94-212, title VII, Sec. 745, Feb. 9, 1976, 90 Stat. 175.
      Pub. L. 93-437, title VIII, Sec. 848, Oct. 8, 1974, 88 Stat.
    1232.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-
    525, set out as a note under section 520b of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    10 USC Sec. 982                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 982. Members: service on State and local juries

-STATUTE-
      (a) A member of the armed forces on active duty may not be
    required to serve on a State or local jury if the Secretary
    concerned determines that such service - 
        (1) would unreasonably interfere with the performance of the
      member's military duties; or
        (2) would adversely affect the readiness of the unit, command,
      or activity to which the member is assigned.

      (b) A determination by the Secretary concerned under this section
    is conclusive.
      (c) The Secretary concerned shall prescribe regulations for the
    administration of this section.
      (d) In this section, the term "State" includes the District of
    Columbia, the Commonwealth of Puerto Rico, and each territory of
    the United States.

-SOURCE-
    (Added Pub. L. 99-661, div. A, title V, Sec. 502(a), Nov. 14, 1986,
    100 Stat. 3863.)

-End-



-CITE-
    10 USC Sec. 983                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 983. Institutions of higher education that prevent ROTC access
      or military recruiting on campus: denial of grants and contracts
      from Department of Defense, Department of Education, and certain
      other departments and agencies

-STATUTE-
      (a) Denial of Funds for Preventing ROTC Access to Campus. - No
    funds described in subsection (d)(1) may be provided by contract or
    by grant to an institution of higher education (including any
    subelement of such institution) if the Secretary of Defense
    determines that that institution (or any subelement of that
    institution) has a policy or practice (regardless of when
    implemented) that either prohibits, or in effect prevents - 
        (1) the Secretary of a military department from maintaining,
      establishing, or operating a unit of the Senior Reserve Officer
      Training Corps (in accordance with section 654 of this title and
      other applicable Federal laws) at that institution (or any
      subelement of that institution); or
        (2) a student at that institution (or any subelement of that
      institution) from enrolling in a unit of the Senior Reserve
      Officer Training Corps at another institution of higher
      education.

      (b) Denial of Funds for Preventing Military Recruiting on Campus.
    - No funds described in subsection (d)(1) may be provided by
    contract or by grant to an institution of higher education
    (including any subelement of such institution) if the Secretary of
    Defense determines that that institution (or any subelement of that
    institution) has a policy or practice (regardless of when
    implemented) that either prohibits, or in effect prevents - 
        (1) the Secretary of a military department or Secretary of
      Homeland Security from gaining access to campuses, or access to
      students (who are 17 years of age or older) on campuses, for
      purposes of military recruiting in a manner that is at least
      equal in quality and scope to the access to campuses and to
      students that is provided to any other employer; or
        (2) access by military recruiters for purposes of military
      recruiting to the following information pertaining to students
      (who are 17 years of age or older) enrolled at that institution
      (or any subelement of that institution):
          (A) Names, addresses, and telephone listings.
          (B) Date and place of birth, levels of education, academic
        majors, degrees received, and the most recent educational
        institution enrolled in by the student.

      (c) Exceptions. - The limitation established in subsection (a) or
    (b) shall not apply to an institution of higher education (or any
    subelement of that institution) if the Secretary of Defense
    determines that - 
        (1) the institution (and each subelement of that institution)
      has ceased the policy or practice described in that subsection;
      or
        (2) the institution of higher education involved has a
      longstanding policy of pacifism based on historical religious
      affiliation.

      (d) Covered Funds. - (1) Except as provided in paragraph (2), the
    limitations established in subsections (a) and (b) apply to the
    following:
        (A) Any funds made available for the Department of Defense.
        (B) Any funds made available for any department or agency for
      which regular appropriations are made in a Departments of Labor,
      Health and Human Services, and Education, and Related Agencies
      Appropriations Act.
        (C) Any funds made available for the Department of Homeland
      Security.
        (D) Any funds made available for the National Nuclear Security
      Administration of the Department of Energy.
        (E) Any funds made available for the Department of
      Transportation.
        (F) Any funds made available for the Central Intelligence
      Agency.

      (2) Any Federal funding specified in paragraph (1) that is
    provided to an institution of higher education, or to an
    individual, to be available solely for student financial
    assistance, related administrative costs, or costs associated with
    attendance, may be used for the purpose for which the funding is
    provided.
      (e) Notice of Determinations. - Whenever the Secretary of Defense
    makes a determination under subsection (a), (b), or (c), the
    Secretary - 
        (1) shall transmit a notice of the determination to the
      Secretary of Education, to the head of each other department and
      agency the funds of which are subject to the determination, and
      to Congress; and
        (2) shall publish in the Federal Register a notice of the
      determination and the effect of the determination on the
      eligibility of the institution of higher education (and any
      subelement of that institution) for contracts and grants.

      (f) Semiannual Notice in Federal Register. - The Secretary of
    Defense shall publish in the Federal Register once every six months
    a list of each institution of higher education that is currently
    ineligible for contracts and grants by reason of a determination of
    the Secretary under subsection (a) or (b).

-SOURCE-
    (Added Pub. L. 104-106, div. A, title V, Sec. 541(a), Feb. 10,
    1996, 110 Stat. 315; amended Pub. L. 106-65, div. A, title V, Sec.
    549(a)(1), Oct. 5, 1999, 113 Stat. 609; Pub. L. 107-296, title
    XVII, Sec. 1704(b)(1), (3), Nov. 25, 2002, 116 Stat. 2314; Pub. L.
    108-375, div. A, title V, Sec. 552(a)-(d), Oct. 28, 2004, 118 Stat.
    1911, 1912.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 103-337, div. A, title V, Sec. 558, Oct. 5, 1994, 108 Stat.
    2776, as amended, and Pub. L. 104-208, div. A, title I, Sec. 101(e)
    [title V, Sec. 514], Sept. 30, 1996, 110 Stat. 3009-233, 3009-270,
    which were set out as notes under section 503 of this title, prior
    to repeal by Pub. L. 106-65, Sec. 549(b).

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-375, Sec. 552(d), struck out
    "(including a grant of funds to be available for student aid)"
    after "by grant" in introductory provisions.
      Subsec. (b). Pub. L. 108-375, Sec. 552(b)(2)(A), (d), in
    introductory provisions, substituted "subsection (d)(1)" for
    "subsection (d)(2)" and struck out "(including a grant of funds to
    be available for student aid)" after "by grant".
      Subsec. (b)(1). Pub. L. 108-375, Sec. 552(a), substituted "access
    to campuses" for "entry to campuses" and inserted before semicolon
    "in a manner that is at least equal in quality and scope to the
    access to campuses and to students that is provided to any other
    employer".
      Subsec. (d)(1). Pub. L. 108-375, Sec. 552(b)(1)(A)(i), (c)(1), in
    introductory provisions, substituted "Except as provided in
    paragraph (2), the" for "The" and "limitations established in
    subsections (a) and (b) apply" for "limitation established in
    subsection (a) applies".
      Subsec. (d)(1)(B). Pub. L. 108-375, Sec. 552(b)(1)(A)(ii),
    inserted "for any department or agency for which regular
    appropriations are made" after "made available".
      Subsec. (d)(1)(C) to (F). Pub. L. 108-375, Sec.
    552(b)(1)(A)(iii), added subpars. (C) to (F).
      Subsec. (d)(2). Pub. L. 108-375, Sec. 552(b)(1)(B), (c)(2), added
    par. (2) and struck out former par. (2) which read as follows: "The
    limitation established in subsection (b) applies to the following:
        "(A) Funds described in paragraph (1).
        "(B) Any funds made available for the Department of Homeland
      Security."
      Subsec. (e)(1). Pub. L. 108-375, Sec. 552(b)(2)(B), inserted ",
    to the head of each other department and agency the funds of which
    are subject to the determination," after "Secretary of Education".
      2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 1704(b)(1),
    substituted "Secretary of Homeland Security" for "Secretary of
    Transportation".
      Subsec. (d)(2)(B). Pub. L. 107-296, Sec. 1704(b)(3), substituted
    "Department of Homeland Security" for "Department of
    Transportation".
      1999 - Pub. L. 106-65 amended section catchline and text
    generally. Prior to amendment, section consisted of subsecs. (a) to
    (d) relating to denial of Department of Defense grants and
    contracts to institutions of higher education that have anti-ROTC
    policies.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-375, div. A, title V, Sec. 552(f), Oct. 28, 2004, 118
    Stat. 1912, provided that: "The amendments made by this section
    [amending this section and repealing provisions set out as a note
    under this section] shall apply with respect to funds appropriated
    for fiscal year 2005 and thereafter."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    this title.

          FUNDS AVAILABLE SOLELY FOR STUDENT FINANCIAL ASSISTANCE      
      Pub. L. 106-79, title VIII, Sec. 8120, Oct. 25, 1999, 113 Stat.
    1260, provided that during fiscal year 2000 and thereafter, any
    Federal grant of funds to an institution of higher education to be
    available solely for student financial assistance or related
    administrative costs could be used for the purpose for which the
    grant was made without regard to any provision to the contrary in
    section 101(e) [title V, Sec. 514] of Pub. L. 104-208 (formerly 10
    U.S.C. 503 note), or section 983 of this title, prior to repeal by
    Pub. L. 108-375, div. A, title V, Sec. 552(e), Oct. 28, 2004, 118
    Stat. 1912.

-End-



-CITE-
    10 USC Sec. 985                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 985. Persons convicted of capital crimes; certain other
      persons: denial of specified burial-related benefits

-STATUTE-
      (a) Prohibition of Performance of Military Honors. - The
    Secretary of a military department and the Secretary of Homeland
    Security, with respect to the Coast Guard when it is not operating
    as a service in the Navy, may not provide military honors (under
    section 1491 of this title or any other authority) at the funeral
    or burial of any of the following persons:
        (1) A person described in section 2411(b) of title 38.
        (2) A person who is a veteran (as defined in section 1491(h) of
      this title) or who died while on active duty or a member of a
      reserve component, when the circumstances surrounding the
      person's death or other circumstances as specified by the
      Secretary of Defense are such that to provide military honors at
      the funeral or burial of the person would bring discredit upon
      the person's service (or former service).

      (b) Disqualification From Burial in Military Cemeteries. - A
    person who is ineligible for interment in a national cemetery under
    the control of the National Cemetery Administration by reason of
    section 2411(b) of title 38 is not entitled to or eligible for, and
    may not be provided, burial in - 
        (1) Arlington National Cemetery;
        (2) the Soldiers' and Airmen's National Cemetery; or
        (3) any other cemetery administered by the Secretary of a
      military department or the Secretary of Defense.

      (c) Definition. - In this section, the term "burial" includes
    inurnment.

-SOURCE-
    (Added Pub. L. 105-85, div. A, title X, Sec. 1077(a)(1), Nov. 18,
    1997, 111 Stat. 1914; amended Pub. L. 107-296, title XVII, Sec.
    1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109-163, div. A,
    title VI, Sec. 662(b)(1)-(3), (c)(1), Jan. 6, 2006, 119 Stat.
    3315.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-163, Sec. 662(c)(1), substituted "Persons
    convicted of capital crimes; certain other persons: denial of
    specified burial-related benefits" for "Persons convicted of
    capital crimes: denial of certain burial-related benefits" in
    section catchline.
      Subsec. (a). Pub. L. 109-163, Sec. 662(b)(1)(B), substituted "any
    of the following persons:" for "a person who has been convicted of
    a capital offense under Federal or State law for which the person
    was sentenced to death or life imprisonment without parole." and
    added pars. (1) and (2).
      Pub. L. 109-163, Sec. 662(b)(1)(A), inserted "(under section 1491
    of this title or any other authority)" after "military honors".
      Subsec. (b). Pub. L. 109-163, Sec. 662(b)(2), in introductory
    provisions, substituted "who is ineligible for interment in a
    national cemetery under the control of the National Cemetery
    Administration by reason of section 2411(b) of title 38" for
    "convicted of a capital offense under Federal law".
      Subsec. (c). Pub. L. 109-163, Sec. 662(b)(3), amended heading and
    text of subsec. (c) generally. Prior to amendment, text read as
    follows: "In this section:
        "(1) The term 'capital offense' means an offense for which the
      death penalty may be imposed.
        "(2) The term 'burial' includes inurnment.
        "(3) The term 'State' includes the District of Columbia and any
      commonwealth or territory of the United States."
      2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland
    Security" for "of Transportation".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-163, div. A, title VI, Sec. 662(e), Jan. 6, 2006, 119
    Stat. 3316, provided that: "The amendments made by this section
    [amending this section, section 1491 of this title, and section
    2411 of Title 38, Veterans' Benefits and enacting provisions set
    out as notes under this section and section 2411 of Title 38] shall
    apply with respect to funerals and burials that occur on or after
    the date of the enactment of this Act [Jan. 6, 2006]."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of transfer of
    the Coast Guard to the Department of Homeland Security, see section
    1704(g) of Pub. L. 107-296, set out as a note under section 101 of
    this title.

                              EFFECTIVE DATE                          
      Section 1077(b) of Pub. L. 105-85 provided that: "Section 985 of
    title 10, United States Code, as added by subsection (a), applies
    with respect to persons dying after January 1, 1997."

                                REGULATIONS                            
      Pub. L. 109-163, div. A, title VI, Sec. 662(d)(2), Jan. 6, 2006,
    119 Stat. 3316, provided that: "The Secretary of Defense shall
    prescribe regulations to ensure that a person is not interred in
    any military cemetery under the authority of the Secretary of a
    military department or provided funeral honors under section 1491
    of title 10, United States Code, unless a good faith effort has
    been made to determine whether such person is ineligible for such
    interment or honors by reason of being a person described in
    section 2411(b) of title 38, United States Code, or is otherwise
    ineligible for such interment or honors under Federal law."

-End-



-CITE-
    10 USC Sec. 986                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 986. Security clearances: limitations

-STATUTE-
      (a) Prohibition. - After October 30, 2000, the Department of
    Defense may not grant or renew a security clearance for a person to
    whom this section applies who is described in subsection (c).
      (b) Covered Persons. - This section applies to the following
    persons:
        (1) An officer or employee of the Department of Defense.
        (2) A member of the Army, Navy, Air Force, or Marine Corps who
      is on active duty or is in an active status.
        (3) An officer or employee of a contractor of the Department of
      Defense.

      (c) Persons Disqualified From Being Granted Security Clearances. -
     A person is described in this subsection if any of the following
    applies to that person:
        (1) The person has been convicted in any court of the United
      States of a crime, was sentenced to imprisonment for a term
      exceeding one year, and was incarcerated as a result of that
      sentence for not less than one year.
        (2) The person is an unlawful user of, or is addicted to, a
      controlled substance (as defined in section 102 of the Controlled
      Substances Act (21 U.S.C. 802)).
        (3) The person is mentally incompetent, as determined by a
      mental health professional approved by the Department of Defense.
        (4) The person has been discharged or dismissed from the Armed
      Forces under dishonorable conditions.

      (d) Waiver Authority. - In a meritorious case, an exception to
    the prohibition in subsection (a) may be authorized for a person
    described in paragraph (1) or (4) of subsection (c) if there are
    mitigating factors. Any such waiver may be authorized only in
    accordance with standards and procedures prescribed by, or under
    the authority of, an Executive order or other guidance issued by
    the President.
      (e) Annual Report. - Not later than February 1 each year, the
    Secretary of Defense shall submit to the Committees on Armed
    Services of the Senate and House of Representatives a report
    identifying each waiver issued under subsection (d) during the
    preceding year with an explanation for each case of the
    disqualifying factor in subsection (c) that applied, and the reason
    for the waiver of the disqualification.

-SOURCE-
    (Added Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1071(a)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-275; amended Pub. L. 107-107,
    div. A, title X, Sec. 1048(c)(3), Dec. 28, 2001, 115 Stat. 1226;
    Pub. L. 108-375, div. A, title X, Sec. 1062, Oct. 28, 2004, 118
    Stat. 2056.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(1). Pub. L. 108-375, Sec. 1062(a), substituted
    ", was sentenced" for "and sentenced" and inserted before period at
    end ", and was incarcerated as a result of that sentence for not
    less than one year".
      Subsec. (d). Pub. L. 108-375, Sec. 1062(b), reenacted heading
    without change and amended text generally. Prior to amendment, text
    read as follows: "In a meritorious case, the Secretary of Defense
    or the Secretary of the military department concerned may authorize
    an exception to the prohibition in subsection (a) for a person
    described in paragraph (1) or (4) of subsection (c). The authority
    under the preceding sentence may not be delegated."
      2001 - Subsec. (a). Pub. L. 107-107 substituted "October 30,
    2000," for "the date of the enactment of this section,".

-End-



-CITE-
    10 USC Sec. 987                                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART II - PERSONNEL
    CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES

-HEAD-
    Sec. 987. Terms of consumer credit extended to members and
      dependents: limitations

-STATUTE-
      (a) Interest. - A creditor who extends consumer credit to a
    covered member of the armed forces or a dependent of such a member
    shall not require the member or dependent to pay interest with
    respect to the extension of such credit, except as - 
        (1) agreed to under the terms of the credit agreement or
      promissory note;
        (2) authorized by applicable State or Federal law; and
        (3) not specifically prohibited by this section.

      (b) Annual Percentage Rate. - A creditor described in subsection
    (a) may not impose an annual percentage rate of interest greater
    than 36 percent with respect to the consumer credit extended to a
    covered member or a dependent of a covered member.
      (c) Mandatory Loan Disclosures. - 
        (1) Information required. - With respect to any extension of
      consumer credit (including any consumer credit originated or
      extended through the internet) to a covered member or a dependent
      of a covered member, a creditor shall provide to the member or
      dependent the following information orally and in writing before
      the issuance of the credit:
          (A) A statement of the annual percentage rate of interest
        applicable to the extension of credit.
          (B) Any disclosures required under the Truth in Lending Act
        (15 U.S.C. 1601 et seq.).
          (C) A clear description of the payment obligations of the
        member or dependent, as applicable.

        (2) Terms. - Such disclosures shall be presented in accordance
      with terms prescribed by the regulations issued by the Board of
      Governors of the Federal Reserve System to implement the Truth in
      Lending Act (15 U.S.C. 1601 et seq.).

      (d) Preemption. - 
        (1) Inconsistent laws. - Except as provided in subsection
      (f)(2), this section preempts any State or Federal law, rule, or
      regulation, including any State usury law, to the extent that
      such law, rule, or regulation is inconsistent with this section,
      except that this section shall not preempt any such law, rule, or
      regulation that provides protection to a covered member or a
      dependent of such a member in addition to the protection provided
      by this section.
        (2) Different treatment under state law of members and
      dependents prohibited. - States shall not - 
          (A) authorize creditors to charge covered members and their
        dependents annual percentage rates of interest for loans higher
        than the legal limit for residents of the State; or
          (B) permit violation or waiver of any State consumer lending
        protections for the benefit of residents of the State on the
        basis of nonresident or military status of a covered member or
        dependent of such a member, regardless of the member's or
        dependent's domicile or permanent home of record.

      (e) Limitations. - It shall be unlawful for any creditor to
    extend consumer credit to a covered member or a dependent of such a
    member with respect to which - 
        (1) the creditor rolls over, renews, repays, refinances, or
      consolidates any consumer credit extended to the borrower by the
      same creditor with the proceeds of other credit extended to the
      same covered member or a dependent;
        (2) the borrower is required to waive the borrower's right to
      legal recourse under any otherwise applicable provision of State
      or Federal law, including any provision of the Servicemembers
      Civil Relief Act;
        (3) the creditor requires the borrower to submit to arbitration
      or imposes onerous legal notice provisions in the case of a
      dispute;
        (4) the creditor demands unreasonable notice from the borrower
      as a condition for legal action;
        (5) the creditor uses a check or other method of access to a
      deposit, savings, or other financial account maintained by the
      borrower, or the title of a vehicle as security for the
      obligation;
        (6) the creditor requires as a condition for the extension of
      credit that the borrower establish an allotment to repay an
      obligation; or
        (7) the borrower is prohibited from prepaying the loan or is
      charged a penalty or fee for prepaying all or part of the loan.

      (f) Penalties and Remedies. - 
        (1) Misdemeanor. - A creditor who knowingly violates this
      section shall be fined as provided in title 18, or imprisoned for
      not more than one year, or both.
        (2) Preservation of other remedies. - The remedies and rights
      provided under this section are in addition to and do not
      preclude any remedy otherwise available under law to the person
      claiming relief under this section, including any award for
      consequential and punitive damages.
        (3) Contract void. - Any credit agreement, promissory note, or
      other contract prohibited under this section is void from the
      inception of such contract.
        (4) Arbitration. - Notwithstanding section 2 of title 9, or any
      other Federal or State law, rule, or regulation, no agreement to
      arbitrate any dispute involving the extension of consumer credit
      shall be enforceable against any covered member or dependent of
      such a member, or any person who was a covered member or
      dependent of that member when the agreement was made.

      (g) Servicemembers Civil Relief Act Protections Unaffected. -
    Nothing in this section may be construed to limit or otherwise
    affect the applicability of section 207 of the Servicemembers Civil
    Relief Act (50 U.S.C. App. 527).
      (h) Regulations. - (1) The Secretary of Defense shall prescribe
    regulations to carry out this section.
      (2) Such regulations shall establish the following:
        (A) Disclosures required of any creditor that extends consumer
      credit to a covered member or dependent of such a member.
        (B) The method for calculating the applicable annual percentage
      rate of interest on such obligations, in accordance with the
      limit established under this section.
        (C) A maximum allowable amount of all fees, and the types of
      fees, associated with any such extension of credit, to be
      expressed and disclosed to the borrower as a total amount and as
      a percentage of the principal amount of the obligation, at the
      time at which the transaction is entered into.
        (D) Definitions of "creditor" under paragraph (5) and "consumer
      credit" under paragraph (6) of subsection (i), consistent with
      the provisions of this section.
        (E) Such other criteria or limitations as the Secretary of
      Defense determines appropriate, consistent with the provisions of
      this section.

      (3) In prescribing regulations under this subsection, the
    Secretary of Defense shall consult with the following:
        (A) The Federal Trade Commission.
        (B) The Board of Governors of the Federal Reserve System.
        (C) The Office of the Comptroller of the Currency.
        (D) The Federal Deposit Insurance Corporation.
        (E) The Office of Thrift Supervision.
        (F) The National Credit Union Administration.
        (G) The Treasury Department.

      (i) Definitions. - In this section:
        (1) Covered member. - The term "covered member" means a member
      of the armed forces who is - 
          (A) on active duty under a call or order that does not
        specify a period of 30 days or less; or
          (B) on active Guard and Reserve Duty.

        (2) Dependent. - The term "dependent", with respect to a
      covered member, means - 
          (A) the member's spouse;
          (B) the member's child (as defined in section 101(4) of title
        38); or
          (C) an individual for whom the member provided more than one-
        half of the individual's support for 180 days immediately
        preceding an extension of consumer credit covered by this
        section.

        (3) Interest. - The term "interest" includes all cost elements
      associated with the extension of credit, including fees, service
      charges, renewal charges, credit insurance premiums, any
      ancillary product sold with any extension of credit to a
      servicemember or the servicemember's dependent, as applicable,
      and any other charge or premium with respect to the extension of
      consumer credit.
        (4) Annual percentage rate. - The term "annual percentage rate"
      has the same meaning as in section 107 of the Truth and Lending
      Act (15 U.S.C. 1606), as implemented by regulations of the Board
      of Governors of the Federal Reserve System. For purposes of this
      section, such term includes all fees and charges, including
      charges and fees for single premium credit insurance and other
      ancillary products sold in connection with the credit
      transaction, and such fees and charges shall be included in the
      calculation of the annual percentage rate.
        (5) Creditor. - The term "creditor" means a person - 
          (A) who - 
            (i) is engaged in the business of extending consumer
          credit; and
            (ii) meets such additional criteria as are specified for
          such purpose in regulations prescribed under this section; or

          (B) who is an assignee of a person described in subparagraph
        (A) with respect to any consumer credit extended.

        (6) Consumer credit. - The term "consumer credit" has the
      meaning provided for such term in regulations prescribed under
      this section, except that such term does not include (A) a
      residential mortgage, or (B) a loan procured in the course of
      purchasing a car or other personal property, when that loan is
      offered for the express purpose of financing the purchase and is
      secured by the car or personal property procured.

-SOURCE-
    (Added Pub. L. 109-364, div. A, title VI, Sec. 670(a), Oct. 17,
    2006, 120 Stat. 2266.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Truth in Lending Act, referred to in subsec. (c)(1)(B), (2),
    is title I of Pub. L. 90-321, May 29, 1968, 82 Stat. 146, as
    amended, which is classified generally to subchapter I (Sec. 1601
    et seq.) of chapter 41 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1601 of Title 15 and Tables.
      The Servicemembers Civil Relief Act, referred to in subsecs.
    (e)(2) and (g), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as
    amended, which is classified to section 501 et seq. of Title 50,
    Appendix, War and National Defense. For complete classification of
    this Act to the Code, see section 501 of Title 50, Appendix, and
    Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 109-364, div. A, title VI, Sec. 670(c), Oct. 17, 2006,
    120 Stat. 2269, provided that:
      "(1) In general. - Except as provided in paragraph (2), section
    987 of title 10, United States Code, as added by subsection (a),
    shall take effect on October 1, 2007, or on such earlier date as
    may be prescribed by the Secretary of Defense, and shall apply with
    respect to extensions of consumer credit on or after such effective
    date.
      "(2) Authority to prescribe regulations. - Subsection (h) of such
    section shall take effect on the date of the enactment of this Act
    [Oct. 17, 2006].
      "(3) Publication of earlier effective date. - If the Secretary of
    Defense prescribes an effective date for section 987 of title 10,
    United States Code, as added by subsection (a), earlier than
    October 1, 2007, the Secretary shall publish that date in the
    Federal Register. Such publication shall be made not less than 90
    days before that earlier effective date."

                            INTERIM REGULATIONS                        
      Pub. L. 109-364, div. A, title VI, Sec. 670(d), Oct. 17, 2006,
    120 Stat. 2269, provided that: "The Secretary of Defense may
    prescribe interim regulations as necessary to carry out such
    section [this section]. For the purpose of prescribing such interim
    regulations, the Secretary is excepted from compliance with the
    notice-and-comment requirements of section 553 of title 5, United
    States Code. All interim rules prescribed under the authority of
    this subsection that are not earlier superseded by final rules
    shall expire no later than 270 days after the effective date of
    section 987 of title 10, United States Code [see Effective Date
    note above], as added by this section."

-End-