10 U.S.C. § 2254 (2024) — Title 10: ARMED FORCES / Chapter 134 / Subchapter II / Section 2254: Treatment of reports of aircraft accident investigations
Treatment of reports of aircraft accident investigations
Status: in_force

(a) In General.—(1) Whenever the Secretary of a military department conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Secretary, the records and report of the investigations shall be treated in accordance with this section.

(2) For purposes of this section, an accident investigation is any form of investigation of an aircraft accident other than an investigation (known as a "safety investigation") that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.

(b) Public Disclosure of Certain Accident Investigation Information.—(1) The Secretary concerned, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation, before the release of the final accident investigation report relating to the accident, if the Secretary concerned determines—

(A) that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and

(B) that release of such tapes, reports, or other information—

(i) would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and

(ii) would not compromise national security.

(2) A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.

(c) Opinions Regarding Causation of Accident.—Following a military aircraft accident—

(1) if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion (or opinions) as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion (or opinions) of the investigators as to the cause or causes of the accident; and

(2) if the evidence surrounding the accident is not sufficient for those investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.

(d) Use of Information in Civil Proceedings.—For purposes of any civil or criminal proceeding arising from an aircraft accident, any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such information be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.

(e) Regulations.—The Secretary of each military department shall prescribe regulations to carry out this section.

(Added Pub. L. 102–484, div. A, title X, §1071(a)(1), Oct. 23, 1992, 106 Stat. 2507.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–484, div. A, title X, §1071(c), Oct. 23, 1992, 106 Stat. 2508, provided that: "Section 2254 of title 10, United States Code, as added by subsection (a), shall apply with respect to accidents occurring on or after the date on which regulations are first prescribed under that section."

Regulations

Pub. L. 105–261, div. A, title X, §1065(c), Oct. 17, 1998, 112 Stat. 2134, provided that: "The Secretary of Defense shall prescribe regulations, which shall be applied uniformly across the Department of Defense, establishing procedures by which the military departments shall provide to the family members of any person involved in a military aviation accident periodic update reports on the conduct and progress of investigations into the accident."

Pub. L. 102–484, div. A, title X, §1071(b), Oct. 23, 1992, 106 Stat. 2508, provided that: "Regulations under section 2254 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992]."
10 U.S.C. § 8669 (2024) — Title 10: ARMED FORCES / Chapter 863 / Section 8669: Contracts: applicability of chapter 65 of title 41
Contracts: applicability of chapter 65 of title 41
Status: in_force

Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is subject to chapter 65 of title 41 unless the President determines that this requirement is not in the interest of national defense.

(Added Pub. L. 104–106, div. A, title VIII, §815(a), Feb. 10, 1996, 110 Stat. 396, §7299; amended Pub. L. 111–350, §5(b)(52), Jan. 4, 2011, 124 Stat. 3846; renumbered §8669, Pub. L. 115–232, div. A, title VIII, §807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7299 of this title as this section.

2011—Pub. L. 111–350 substituted "chapter 65 of title 41" for "Walsh-Healey Act" in section catchline and for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)" in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2833 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter II / Section 2833: Family housing support
Family housing support
Status: in_force

Amounts authorized by law for support of military family housing include amounts for—

(1) operating expenses;

(2) leasing expenses;

(3) maintenance of real property expenses;

(4) payments of principal and interest on mortgage debts incurred; and

(5) payments of mortgage insurance premiums authorized under section 222 1 of the National Housing Act (12 U.S.C. 1715m).

(Added Pub. L. 99–167, title VIII, §804(b)(1), Dec. 3, 1985, 99 Stat. 987.)

Editorial Notes

References in Text

Section 222 of the National Housing Act (12 U.S.C. 1715m), referred to in par. (5), was repealed by Pub. L. 110–289, div. B, title I, §2120(a)(5), July 30, 2008, 122 Stat. 2835.

1 See References in Text note below.
10 U.S.C. § 2231 (2024) — Title 10: ARMED FORCES / Chapter 133 / Section 2231: Reference to chapter 1803
Reference to chapter 1803
Status: in_force

Provisions of law relating to facilities for reserve components are set forth in chapter 1803 of this title (beginning with section 18231).

(Added Pub. L. 103–337, div. A, title XVI, §1664(b)(11), Oct. 5, 1994, 108 Stat. 3011.)

Editorial Notes

Prior Provisions

Prior sections 2231 to 2239 were renumbered sections 18231 to 18239 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 8629 (2024) — Title 10: ARMED FORCES / Chapter 861 / Section 8629: Purchase of fuel
Purchase of fuel
Status: in_force

In buying fuel, the Secretary of the Navy may, in any manner he considers proper, buy the kind of fuel that is best adapted to the purpose for which it is to be used.

(Aug. 10, 1956, ch. 1041, 70A Stat. 448, §7229; renumbered §8629, Pub. L. 115–232, div. A, title VIII, §807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7229 
34 U.S.C. 580. 
R.S. 3728.

The first sentence is omitted as covered by §2 of the Act of Mar. 3, 1933, ch. 212 (41 U.S.C. 10a). The words "for the Navy, or for naval stations and yards" are omitted, since R.S. 3728 has been interpreted as authorizing the Armed Services Petroleum Purchasing Agency to negotiate contracts for the purchase of fuel, not only when acting as a procuring activity for the Navy, but also when filling the consolidated fuel requirements of the armed forces. The word "may" is substituted for the words "shall have the power to" for uniformity. The words "discriminate and" are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7229 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2816 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter I / Section 2816: Consideration of energy security and energy resilience in life-cycle cost for military construction
Consideration of energy security and energy resilience in life-cycle cost for military construction
Status: in_force

(a) In General.—(1) The Secretary concerned, when evaluating the life-cycle designed cost of a covered military construction project, shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure that the resulting facility is capable of continuing to perform its missions, during the life of the facility, in the event of a natural or human-caused disaster, an attack, or any other unplanned event that would otherwise interfere with the ability of the facility to perform its missions.

(2) A facility requirement under paragraph (1) shall not be weighed, for cost purposes, against other facility requirements in determining the design of the facility.

(b) Inclusion in the Building Life-cycle Cost Program.—The Secretary shall include the requirements of subsection (a) in applying the latest version of the building life-cycle cost program, as developed by the National Institute of Standards and Technology, to consider on-site distributed energy assets in a building design for a covered military construction project.

(c) Covered Military Construction Project Defined.—(1) In this section, the term "covered military construction project" means a military construction project for a facility that is used to perform critical functions during a natural or human-caused disaster, an attack, or any other unplanned event.

(2) For purposes of paragraph (1), the term "facility" includes at a minimum any of the following:

(A) Operations centers.

(B) Nuclear command and control facilities.

(C) Integrated strategic and tactical warning and attack assessment facilities.

(D) Continuity of government facilities.

(E) Missile defense facilities.

(F) Air defense facilities.

(G) Hospitals.

(H) Armories and readiness centers of the National Guard.

(I) Communications facilities.

(J) Satellite and missile launch and control facilities.

(Added Pub. L. 116–283, div. B, title XXVIII, §2804(a), Jan. 1, 2021, 134 Stat. 4320.)
10 U.S.C. § 9064 (2024) — Title 10: ARMED FORCES / Chapter 907 / Section 9064: Air Force nurses: Chief; appointment
Air Force nurses: Chief; appointment
Status: in_force

(a) Position of Chief.—There is a Chief of the Air Force Nurse Corps.

(b) Chief.—The Secretary of the Air Force shall appoint the Chief from the officers of the Regular Air Force designated as Air Force nurses whose regular grade is above lieutenant colonel and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary.

(Added Pub. L. 104–201, div. A, title V, §502(b), Sept. 23, 1996, 110 Stat. 2511, §8069; amended Pub. L. 105–261, div. A, title V, §505, Oct. 17, 1998, 112 Stat. 2004; Pub. L. 107–314, div. A, title V, §504(a)(3), Dec. 2, 2002, 116 Stat. 2531; Pub. L. 114–328, div. A, title V, §502(nn)(1), (2), Dec. 23, 2016, 130 Stat. 2106; renumbered §9069, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833; renumbered §9064 and amended Pub. L. 116–92, div. A, title IX, §952(b)(1), title XVII, §1731(a)(61), Dec. 20, 2019, 133 Stat. 1561, 1815.)

Editorial Notes

Amendments

2019—Pub. L. 116–92, §952(b)(1), renumbered section 9069 of this title as this section.

Subsec. (a). Pub. L. 116–92, §1731(a)(61), substituted "is" for "are". Amendment was directed to section 9069 of this title and was executed before amendment by section 952(b)(1) of Pub. L. 116–92, see above, pursuant to section 1731(f) of Pub. L. 116–92, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title.

2018—Pub. L. 115–232 renumbered section 8069 of this title as section 9069 of this title.

2016—Pub. L. 114–328, §502(nn)(2), amended section catchline generally, substituting "Air Force nurses: Chief; appointment" for "Air Force nurses: Chief and assistant chief; appointment; grade".

Subsec. (a). Pub. L. 114–328, §502(nn)(1)(A), substituted "Position of Chief" for "Positions of Chief and Assistant Chief" in heading and struck out "and assistant chief" after "There are a Chief" in text.

Subsec. (b). Pub. L. 114–328, §502(nn)(1)(B), struck out second sentence which read as follows: "An appointee who holds a lower regular grade shall be appointed in the regular grade of major general."

Subsec. (c). Pub. L. 114–328, §502(nn)(1)(C), struck out subsec. (c). Text read as follows: "The Surgeon General shall appoint the assistant chief from the officers of the Regular Air Force designated as Air Force nurses whose regular grade is above lieutenant colonel."

2002—Subsec. (b). Pub. L. 107–314 substituted "major general" for "brigadier general" in second sentence.

1998—Subsec. (b). Pub. L. 105–261 struck out ", but not for more than three years, and may not be reappointed to the same position" after "pleasure of the Secretary".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2604 (2024) — Title 10: ARMED FORCES / Chapter 155 / Section 2604: United Seamen's Service: cooperation and assistance
United Seamen's Service: cooperation and assistance
Status: in_force

(a) Whenever the President finds it necessary in the interest of United States commitments abroad to provide facilities and services for United States merchant seamen in foreign areas, he may authorize the Secretary of Defense, under such regulations as the Secretary may prescribe, to cooperate with and assist the United Seamen's Service in establishing and providing those facilities and services.

(b) Personnel of the United Seamen's Service who are performing duties in connection with the cooperation and assistance under subsection (a) may be furnished—

(1) transportation, at the expense of the United States, while traveling to and from, and while performing those duties, in the same manner as civilian employees of the armed forces;

(2) meals and quarters, at their expense or at the expense of the United Seamen's Service, except that where civilian employees of the armed forces are quartered without charge, employees of the United Seamen's Service may also be quartered without charge; and

(3) available office space (including space for recreational activities for seamen), warehousing, wharfage, and means of communication, without charge.

(c) No fee may be charged for a passport issued to an employee of the United Seamen's Service for travel outside the United States to assume or perform duties under this section.

(d) Supplies of the United Seamen's Service, including gifts for the use of merchant seamen, may be transported at the expense of the United States, if it is determined under regulations prescribed under subsection (a) that they are necessary to the cooperation and assistance provided under this section.

(e) Where practicable, the President shall also make arrangements to provide for convertibility of local currencies for the United Seamen's Service, in connection with its activities under subsection (a).

(f) For the purposes of this section, employees of the United Seamen's Service may not be considered as employees of the United States.

(Added Pub. L. 91–603, §3(1), Dec. 31, 1970, 84 Stat. 1674.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 91–603, §1, Dec. 31, 1970, 84 Stat. 1674, provided: "That this Act [enacting this section, amending sections 1151, 1152, 1171, and 1223 of Title 46, Appendix, Shipping, and enacting provisions set out as a note under this section] may be cited as the 'Seamen's Service Act'."

Congressional Declaration of Purpose

Pub. L. 91–603, §2, Dec. 31, 1970, 84 Stat. 1674, provided that: "It is the purpose of this Act [enacting this section and amending sections 1151, 1152, 1171 and 1223 of Title 46, Appendix, Shipping], by authorizing appropriate departments and agencies of the United States Government to cooperate with the United Seamen's Service (a nonprofit, charitable organization incorporated under the laws of the State of New York) in the establishment and operation of facilities for United States merchant seamen in foreign areas, to promote the welfare of such seamen, essential to the overall interests of shipment of United States goods and supplies to such areas."
10 U.S.C. § 7622 (2024) — Title 10: ARMED FORCES / Chapter 769 / Section 7622: Rations: commissioned officers in field
Rations: commissioned officers in field
Status: in_force

Commissioned officers of the Army serving in the field may buy rations for their own use, on credit, from any officer designated by the Secretary of the Army. Amounts due for these purchases shall be reported monthly to the officer of the Army designated by the Secretary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 258, §4622; renumbered §7622, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

4622 
10:1232. 
R.S. 1145; June 28, 1950, ch. 383, §402(a), 64 Stat. 272.

The words "at cost prices" are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)

Editorial Notes

Prior Provisions

Prior sections 7622 and 7623 were renumbered sections 8822 and 8823 of this title, respectively.

Amendments

2018—Pub. L. 115–232 renumbered section 4622 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 9229 (2024) — Title 10: ARMED FORCES / Chapter 925 / Section 9229: Command: commissioned officers in certain designated categories
Command: commissioned officers in certain designated categories
Status: in_force

An officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse is not entitled to exercise command because of rank, except within the categories prescribed in subsection (a), (b), (c), (d), (e), (f), or (i) of section 9067 of this title, or over persons placed under his charge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 531, §8579; Pub. L. 85–861, §1(156), (185), Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96–513, title II, §212(b), Dec. 12, 1980, 94 Stat. 2885; renumbered §9229 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(7), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Historical and Revision Notes
1956 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

8579(a) 
10:82. 
R.S. 1169.

8579(b) 
10:166e (less 1st sentence). 
Apr. 16, 1947, ch. 38, §106 (less 1st sentence), 61 Stat. 44.

In subsection (a), the words "Except as provided in section 94 of this title", not contained in section 1169 of the Revised Statutes, but contained in the United States Code, are omitted as surplusage, since 10:94 deals exclusively with assignments. The words "except within the categories prescribed in section 8067(a)–(d) of this title" are substituted for the words "in the line or in other staff corps". Air Force nurses and women medical specialists are not covered by subsection (a), since their command authority is specifically stated in subsection (b).

In subsection (b), the words "may exercise command only" are substituted for the words "shall not be entitled * * * to command except". The words "by virtue of their rank" and "by competent authority" are omitted as surplusage. 10:166(e) (last 22 words of last sentence) is omitted as superseded by section 8012(e) of this title.

1958 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

8579(b) 
10 App.:166b–3. 
Aug. 9, 1955, ch. 654, §1, 69 Stat. 579.

This amendment reflects the authority contained in section 8067(e) and (f) of this title to appoint male reserve officers with a view to designation as Air Force nurses or medical specialists.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 8579 of this title as this section and substituted "section 9067" for "section 8067".

1980—Pub. L. 96–513 substituted provision prohibiting an officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse from exercising command because of rank, except within the categories prescribed in section 8067(a) to (f) or (i) of this title, or over persons placed under his charge for provision prohibiting an officer designated as a medical, dental, veterinary, or medical service officer from exercising command because of rank, except within categories prescribed in section 8067(a) to (d) of this title, and authorizing an Air Force nurse or medical specialist to exercise command only within his category, or over persons placed under his charge.

1958—Subsec. (b). Pub. L. 85–861 struck out "woman" before "medical specialist", and substituted "his" for "her" in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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.
10 U.S.C. § 1479 (2024) — Title 10: ARMED FORCES / Chapter 75 / Subchapter II / Section 1479: Death gratuity: delegation of determinations, payments
Death gratuity: delegation of determinations, payments
Status: in_force

For the purpose of making immediate payments under section 1475 of this title, the Secretary concerned shall—

(1) authorize the commanding officer of a territorial command, installation, or district in which a survivor of a person covered by that section is residing to determine the beneficiary eligible for the death gratuity; and

(2) authorize a disbursing or certifying official of each of those commands, installations, or districts to make the payments to the beneficiary, or certify the payments due them, as the case may be.

(Added Pub. L. 85–861, §1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 97–258, §2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

1479 
38:1132. 
Aug. 1, 1956, ch. 837, §302, 70 Stat. 868.

The word "territorial" is substituted for the words "military or naval", since the subsection could only apply to that type of command, installation, or district. Clause (2) is substituted for 38:1132(2).

Editorial Notes

Amendments

1982—Par. (2). Pub. L. 97–258 substituted "official" for "officer".
10 U.S.C. § 163 (2024) — Title 10: ARMED FORCES / Chapter 6 / Section 163: Role of Chairman of Joint Chiefs of Staff
Role of Chairman of Joint Chiefs of Staff
Status: in_force

(a) Communications Through Chairman of JCS; Assignment of Duties.—Subject to the limitations in section 152(c) of this title, the President may—

(1) direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and

(2) assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function.

(b) Oversight by Chairman of Joint Chiefs of Staff.—(1) The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant commands prescribed in section 164(b)(2) of this title.

(2) Subject to the authority, direction, and control of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall—

(A) confer with and obtain information from the commanders of the combatant commands with respect to the requirements of their commands;

(B) evaluate and integrate such information;

(C) advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and

(D) communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense.

(Added Pub. L. 99–433, title II, §211(a), Oct. 1, 1986, 100 Stat. 1013.)
10 U.S.C. § 2882 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter IV / Section 2882: Effect of assignment of members to housing units acquired or constructed under alternative authority
Effect of assignment of members to housing units acquired or constructed under alternative authority
Status: in_force

(a) Treatment as Quarters of the United States.—Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.

(b) Availability of Basic Allowance for Housing.—A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37.

(c) Lease Payments Through Pay Allotments.—The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.

(Added Pub. L. 104–106, div. B, title XXVIII, §2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 105–85, div. A, title VI, §603(d)(2)(C), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 110–417, div. B, title XXVIII, §2805(e)(1), Oct. 14, 2008, 122 Stat. 4723.)

Editorial Notes

Amendments

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to assignment of members of the armed forces to housing units by the Secretary concerned, treatment of such housing as quarters of the United States, entitlement to a basic allowance for housing, and making of lease payments through pay allotments.

1997—Subsec. (b)(1). Pub. L. 105–85, §603(d)(2)(C)(i), substituted "section 403" for "section 403(b)".

Subsec. (b)(2). Pub. L. 105–85, §603(d)(2)(C)(ii), substituted "basic allowance for housing under section 403 of title 37" for "basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title".

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
10 U.S.C. § 9839 (2024) — Title 10: ARMED FORCES / Chapter 983 / Section 9839: Settlement of accounts: oaths
Settlement of accounts: oaths
Status: in_force

The Secretary of the Air Force may detail any employee of the Department of the Air Force to administer oaths required by law in the settlement of an officer's accounts for clothing and other military supplies. An oath administered under this section shall be without expense to the person to whom it is administered.

(Aug. 10, 1956, ch. 1041, 70A Stat. 595.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

9839 
10:1303. 
R.S. 225 (1st sentence).

The words "and other military supplies" are substituted for the words "camp and garrison equipage, quartermaster's stores, and ordnance" to conform to section 9838 of this title. The words "person to whom administered" are substituted for the words "parties taking them." The words "for the purpose of" are omitted as surplusage.
10 U.S.C. § 773 (2024) — Title 10: ARMED FORCES / Chapter 45 / Section 773: When distinctive insignia required
When distinctive insignia required
Status: in_force

(a) A person for whom one of the following uniforms is prescribed may wear it, if it includes distinctive insignia prescribed by the Secretary of the military department concerned to distinguish it from the uniform of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be:

(1) The uniform prescribed by the university, college, or school for an instructor or member of the organized cadet corps of—

(A) a State university or college, or a public high school, having a regular course of military instruction; or

(B) an educational institution having a regular course of military instruction, and having a member of the Army, Navy, Air Force, Marine Corps, or Space Force as instructor in military science and tactics.

(2) The uniform prescribed by a military society composed of persons discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force to be worn by a member of that society when authorized by regulations prescribed by the President.

(b) A uniform prescribed under subsection (a) may not include insignia of grade the same as, or similar to, those prescribed for officers of the Army, Navy, Air Force, Marine Corps, or Space Force.

(c) Under such regulations as the Secretary of the military department concerned may prescribe, any person who is permitted to attend a course of instruction prescribed for members of a reserve officers' training corps, and who is not a member of that corps, may, while attending that course of instruction, wear the uniform of that corps.

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 85–355, Mar. 28, 1958, 72 Stat. 66; Pub. L. 116–283, div. A, title IX, §924(b)(3)(P), Jan. 1, 2021, 134 Stat. 3821.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

773(a)

 

 

 
773(b) 

10:1393 (words between 4th and 7th semicolons of 1st proviso, and 2d proviso, of 1st par.).
10:1393 (last proviso of 1st par.). 

June 3, 1916, ch. 134, §125 (words between 4th and 7th semicolons of 1st proviso, and 2d and last provisos, of 1st par.), 39 Stat. 216; June 4, 1920, ch. 228, §8, 41 Stat. 836; Sept. 15, 1951, ch. 402, 65 Stat. 323; July 6, 1953, ch. 180, §1, 67 Stat. 140.

In subsection (a), the word "mark" is omitted as surplusage.

In subsection (a)(2), the words "persons discharged honorably or under honorable conditions from" are substituted for the words "entirely of honorably discharged officers or enlisted men, or both, of". The words "Regular or Volunteer" are omitted as surplusage. The words "when authorized by regulations prescribed by" are substituted for the words "upon occasions authorized by regulations of".

Editorial Notes

Amendments

2021—Subsecs. (a), (b). Pub. L. 116–283 substituted "Marine Corps, or Space Force" for "or Marine Corps" in subsec. (a) wherever appearing and in subsec. (b).

1958—Subsec. (c). Pub. L. 85–355 added subsec. (c).
10 U.S.C. § 1149 (2024) — Title 10: ARMED FORCES / Chapter 58 / Section 1149: Excess leave and permissive temporary duty
Excess leave and permissive temporary duty
Status: in_force

Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member's carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions.

(Added Pub. L. 101–510, div. A, title V, §502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 103–337, div. A, title V, §542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, §1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.)

Editorial Notes

Amendments

2013—Pub. L. 112–239 inserted "when it is not operating as a service in the Navy" after "Coast Guard".

2002—Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1994—Pub. L. 103–337 inserted "or the Secretary of Transportation with respect to the Coast Guard" after "Secretary of Defense" and struck out "of the military department" before "concerned".

Statutory Notes and Related Subsidiaries

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 1994 Amendment

Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
10 U.S.C. § 8584 (2024) — Title 10: ARMED FORCES / Chapter 857 / Section 8584: Age of retirement
Age of retirement
Status: in_force

A civilian member may be retired at any time after his sixty-fifth birthday, and shall be retired by June 30 following that birthday. However, in any special case the Secretary of the Navy may defer the retirement of a member until a date not later than the member's seventieth birthday.

(Aug. 10, 1956, ch. 1041, 70A Stat. 439, §7084; renumbered §8584, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7084 
34 U.S.C. 1073b. 
Jan. 16, 1936, ch. 3, §3, 49 Stat. 1092.

The words "individual and" are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7084 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2883a (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter IV / Section 2883a: Funds for housing allowances of members of the armed forces assigned to certain military family housing units
Funds for housing allowances of members of the armed forces assigned to certain military family housing units
Status: in_force

(a) Authority to Transfer Funds To Cover Housing Allowances.—During the fiscal year in which a contract is awarded for the acquisition or construction of military family housing units under this subchapter that are not to be owned by the United States, the Secretary of Defense may transfer the amount determined under subsection (b) with respect to such housing from appropriations available for support of military housing for the armed force concerned for that fiscal year to appropriations available for pay and allowances of military personnel of that same armed force for that same fiscal year.

(b) Amount Transferred.—The total amount authorized to be transferred under subsection (a) in connection with a contract under this subchapter may not exceed an amount equal to any additional amounts payable during the fiscal year in which the contract is awarded to members of the armed forces assigned to the acquired or constructed housing units as basic allowance for housing under section 403 of title 37 that would not otherwise have been payable to such members if not for assignment to such housing units.

(c) Transfers Subject to Appropriations.—The transfer of funds under the authority of subsection (a) is limited to such amounts as may be provided in advance in appropriations Acts.

(Added Pub. L. 107–107, div. B, title XXVIII, §2804(a), Dec. 28, 2001, 115 Stat. 1305.)
10 U.S.C. § 919b (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 919b: Art. 119b. Child endangerment
Art. 119b. Child endangerment
Status: in_force

Any person subject to this chapter—

(1) who has a duty for the care of a child under the age of 16 years; and

(2) who, through design or culpable negligence, endangers the child's mental or physical health, safety, or welfare;

shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5429, Dec. 23, 2016, 130 Stat. 2949.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 8211 (2024) — Title 10: ARMED FORCES / Chapter 825 / Section 8211: Navy Regulations
Navy Regulations
Status: in_force

United States Navy Regulations shall be issued by the Secretary of the Navy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 375, §6011; Pub. L. 97–60, title II, §204(a)(2), Oct. 14, 1981, 95 Stat. 1007; renumbered §8211, Pub. L. 115–232, div. A, title VIII, §807(b)(7), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

6011 
34 U.S.C. 591. 
R.S. 1547.

So much as pertains to the "orders, regulations, and instructions issued by the Secretary of the Navy prior to July 14, 1862" and the alterations thereto is omitted as executed, and the section is worded to preserve the remaining requirement that Navy Regulations must be issued with Presidential approval. The words "United States Navy Regulations" are substituted for the words "regulations of the Navy" to preserve the distinction between the permanent regulations of general applicability falling within this statute and the many other regulations issued by the Secretary alone under specific statutes and under his power to administer the Department.

Editorial Notes

Prior Provisions

A prior section 8211, acts Aug. 10, 1956, ch. 1041, 70A Stat. 501; Sept. 2, 1958, Pub. L. 85–861, §1(162), 72 Stat. 1514, prescribed authorized strength of Regular Air Force in officers in each regular grade on each of promotion lists authorized by former section 8296 of this title, prior to repeal by Pub. L. 96–513, title II, §202, Dec. 12, 1980, 94 Stat. 2878, effective Sept. 15, 1981. See section 521 et seq. of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 6011 of this title as this section.

1981—Pub. L. 97–60 struck out "with the approval of the President" after "Secretary of the Navy".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Navy Regulations Issued Before October 14, 1981

Pub. L. 97–60, title II, §204(b), Oct. 14, 1981, 95 Stat. 1007, provided that: "United States Navy regulations issued under section 6011 of title 10, United States Code, before the date of the enactment of this Act [Oct. 14, 1981] shall remain in effect in accordance with their terms until amended or revoked by the Secretary of the Navy."

Executive Documents

Delegation of Functions

For delegation to Secretary of Defense of authority vested in President by section 591 of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.
10 U.S.C. § 12304a (2024) — Title 10: ARMED FORCES / Chapter 1209 / Section 12304a: Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency
Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency
Status: in_force

(a) Authority.—When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor's request.

(b) Exclusion From Strength Limitations.—Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.

(c) Termination of Duty.—Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.

(Added Pub. L. 112–81, div. A, title V, §515(a)(1), Dec. 31, 2011, 125 Stat. 1394.)
10 U.S.C. § 382 (2024) — Title 10: ARMED FORCES / Chapter 16 / Subchapter VII / Section 382: Execution and administration of programs and activities
Execution and administration of programs and activities
Status: in_force

(a) Policy Oversight and Resource Allocation.—The Secretary of Defense shall assign responsibility for the oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to a single official and office in the Office of the Secretary of Defense at the level of Under Secretary of Defense or below.

(b) Execution and Administration of Certain Programs and Activities.—

(1) In general.—The Director of the Defense Security Cooperation Agency shall be responsible for the execution and administration of all security cooperation programs and activities of the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, loan, cash sale, or lease.

(2) Designation of responsibility.—The Director may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Department of Defense to execute and administer security cooperation programs and activities described in paragraph (1) if the Director determines that the designation will achieve maximum effectiveness, efficiency, and economy in the activities for which designated.

(c) Availability of Funds.—

(1) In general.—Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to implement security cooperation programs and activities of the Department of Defense authorized by this chapter.

(2) Budget justification.—Funds necessary for implementing security cooperation programs and activities of the Department of Defense under this chapter for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this title.

(Added Pub. L. 114–328, div. A, title XII, §1241(m), Dec. 23, 2016, 130 Stat. 2509.)

Editorial Notes

Prior Provisions

A prior section 382 was renumbered section 282 of this title.
10 U.S.C. § 3066 (2024) — Title 10: ARMED FORCES / Chapter 203 / Section 3066: Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies
Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies
Status: in_force

Subject to section 3065 of this title, to facilitate the procurement of property and services covered by any provision of this part that is a chapter 137 legacy provision by each agency named in section 3063 of this title for any other agency, and to facilitate joint procurement by those agencies—

(1) the head of an agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within such agency;

(2) the heads of two or more agencies may by agreement delegate procurement functions and assign procurement responsibilities from one agency to another of those agencies or to an officer or civilian employee of another of those agencies; and

(3) the heads of two or more agencies may create joint or combined offices to exercise procurement functions and responsibilities.

(Added and amended Pub. L. 116–283, div. A, title XVIII, §1807(d)(2)(A), (D), Jan. 1, 2021, 134 Stat. 4158.)

Editorial Notes

Codification

The text of subsec. (b) of section 2311 of this title, which was transferred first to section 3065(b) of this title and then to this section and amended by Pub. L. 116–283, §1807(d)(1), (2)(A), (D), was based on Pub. L. 103–355, title I, §1503(a)(1), Oct. 13, 1994, 108 Stat. 3296.

Prior Provisions

A prior section 3066, acts Aug. 10, 1956, ch. 1041, 70A Stat. 167; Sept. 2, 1958, Pub. L. 85–861, §33(a)(19), 72 Stat. 1565, authorized President, by and with consent of Senate, to make temporary appointments in grades of general and lieutenant general from officers of Army on active duty in any grade above brigadier general and specified number of positions in each such grade, prior to repeal by Pub. L. 96–513, title II, §201, title VII, §701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. See section 601 of this title.

Amendments

2021—Pub. L. 116–283, §1807(d)(2)(D), transferred subsec. (b) of section 3065 of this title to this section, and, in introductory provisions, struck out subsec. (b) designation and heading "Procurements For or With Other Agencies" at beginning and substituted "Subject to section 3065 of this title" for "Subject to subsection (a)", "covered by any provision of this part that is a chapter 137 legacy provision" for "covered by this chapter", and "section 3063" for "section 2303".

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 2694b (2024) — Title 10: ARMED FORCES / Chapter 159 / Section 2694b: Participation in wetland mitigation banks
Participation in wetland mitigation banks
Status: in_force

(a) Authority to Participate.—The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or "in-lieu-fee" mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any successor administrative guidance or regulation.

(b) Alternative to Creation of Wetland.—Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.

(c) Treatment of Payments.—Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.

(Added Pub. L. 108–136, div. A, title III, §314(a)(1), Nov. 24, 2003, 117 Stat. 1430.)
10 U.S.C. § 7484 (2024) — Title 10: ARMED FORCES / Chapter 757 / Section 7484: Quartermaster and ordnance property: sales
Quartermaster and ordnance property: sales
Status: in_force

The Secretary of the Army may sell to a person attending a school or camp established under section 7481 of this title quartermaster and ordnance property necessary for his proper equipment. Sales under this section shall be for cash.

(Aug. 10, 1956, ch. 1041, 70A Stat. 250, §4414; renumbered §7484 and amended Pub. L. 115–232, div. A, title VIII, §§808(c)(2), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

4414 
10:442 (words after 3d semicolon of 1st sentence; and 2d sentence). 
June 3, 1916, ch. 134, §47d (words after 3d semicolon of 1st sentence; and 2d sentence); added June 4, 1920, ch. 227, §34 (words after 3d semicolon of 1st sentence; and 2d sentence of last par.), 41 Stat. 779.

10:442 (2d sentence) is omitted, as superseded by section 10 of the Act of June 26, 1934, ch. 756, 48 Stat. 1229 (31 U.S.C. 725i), which limits credits to the replacing account to the actual cost of the items sold. The words "necessary for his proper equipment" are substituted for 10:442 (last 22 words of 1st sentence). The words "and at cost price, plus 10 per centum" are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)

Editorial Notes

Amendments

2018—Pub. L. 115–232, §809(a), substituted "section 7481" for "section 4411".

Pub. L. 115–232, §808(c)(2), renumbered section 4414 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2379 (2024) — Title 10: ARMED FORCES / Chapter 140 / Section 2379: Renumbered §3455
Renumbered §3455
Status: renumbered

[§2379. Renumbered §3455]
10 U.S.C. § 1607 (2024) — Title 10: ARMED FORCES / Chapter 83 / Subchapter I / Section 1607: Intelligence Senior Level positions
Intelligence Senior Level positions
Status: in_force

(a) Designation of Positions.—The Secretary of Defense may designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary—

(1) is classifiable above grade GS–15 of the General Schedule;

(2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and

(3) has no more than minimal supervisory responsibilities.

(b) Regulations.—Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense.

(c) Award of Rank to Employees in Intelligence Senior Level Positions.—The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall be made in a manner consistent with the provisions of that section.

(Added Pub. L. 104–201, div. A, title XVI, §1632(b), Sept. 23, 1996, 110 Stat. 2747; amended Pub. L. 107–306, title V, §503, Nov. 27, 2002, 116 Stat. 2407.)

Editorial Notes

References in Text

Grade GS–15 of the General Schedule, referred to in subsec. (a)(1), is set out under section 5332 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 1607 was renumbered section 424 of this title.

Provisions similar to those in this section were contained in section 1604(f)(1), (3) of this title prior to repeal by Pub. L. 104–201, §1632(a)(3).

Amendments

2002—Subsec. (c). Pub. L. 107–306 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 904 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 904: Art. 104. Public records offenses
Art. 104. Public records offenses
Status: in_force

Any person subject to this chapter who, willfully and unlawfully—

(1) alters, conceals, removes, mutilates, obliterates, or destroys a public record; or

(2) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record;

shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5415, Dec. 23, 2016, 130 Stat. 2944.)

Editorial Notes

Prior Provisions

A prior section 904 was renumbered section 903b of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 886 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 886: Art. 86. Absence without leave
Art. 86. Absence without leave
Status: in_force

Any member of the armed forces who, without authority—

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 67.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

886 
50:680. 
May 5, 1950, ch. 169, §1 (Art. 86), 64 Stat. 135.

The words "proper" and "other" are omitted as surplusage.
10 U.S.C. § 7282 (2024) — Title 10: ARMED FORCES / Chapter 737 / Section 7282: Medals: posthumous award and presentation
Medals: posthumous award and presentation
Status: in_force

(a) If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President.

(b) If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under section 7281 of this title, it shall be presented to his family.

(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3752; Pub. L. 85–861, §33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered §7282 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)

Historical and Revision Notes
1956 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

3752(a)

 

 

 
3752(b) 

10:1409 (words between 1st and 2d semicolons).
10:1429 (1st 49 words of last sentence).

10:1415a (21st through 30th words, less applicability to clauses (a) through (n)). 

July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871.
July 2, 1926, ch. 721, §12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, §4, 50 Stat. 549.

  
 
May 12, 1928, ch. 528, §1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.

In subsection (a), the words "If a person" are substituted for the words "In case an individual * * * dies", in 10:1409, and "In case an individual * * * shall have died", in 10:1429. The words "within three years from the date", in 10:1409, are omitted as covered by section 3744 of this title. The words "who shall distinguish himself", in 10:1409, and "who distinguishes himself", in 10:1429, are omitted as covered by the words "the award * * * to which he is entitled".

1958 Act

The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permissive.

Editorial Notes

Amendments

2018—Pub. L. 115–232, §808(b)(11), renumbered section 3752 of this title as this section.

Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 7281" for "section 3751".

1958—Subsec. (b). Pub. L. 85–861 substituted "it shall be presented" for "it may be presented".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
10 U.S.C. § 1043 (2024) — Title 10: ARMED FORCES / Chapter 53 / Section 1043: Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service
Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service
Status: in_force

Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.

(Added Pub. L. 98–94, title X, §1007(b)(1), Sept. 24, 1983, 97 Stat. 662.)
10 U.S.C. § 2437 (2024) — Title 10: ARMED FORCES / Chapter 144 / Section 2437: Renumbered §4321
Renumbered §4321
Status: renumbered

[§2437. Renumbered §4321]

Editorial Notes

Prior Provisions

A prior section 2437, added Pub. L. 99–500, §101(c) [title X, §906(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–135, and Pub. L. 99–591, §101(c) [title X, §906(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–135; Pub. L. 99–661, div. A, title IX, formerly title IV, §906(a)(1), Nov. 14, 1986, 100 Stat. 3915; renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–26, §7(b)(8), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title VIII, §803(b), Dec. 4, 1987, 101 Stat. 1125; Pub. L. 100–224, §5(a)(3), Dec. 30, 1987, 101 Stat. 1538, related to designation of defense enterprise programs for milestone authorization, prior to repeal by Pub. L. 103–160, div. A, title VIII, §821(a)(5), Nov. 30, 1993, 107 Stat. 1704.
10 U.S.C. § 7377 (2024) — Title 10: ARMED FORCES / Chapter 747 / Section 7377: Certain civilian special agents: authority to execute warrants and make arrests
Certain civilian special agents: authority to execute warrants and make arrests
Status: in_force

(a) Authority.—The Secretary of the Army may authorize any Department of the Army civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

(b) Agents To Have Authority.—(1) Subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Criminal Investigation Command (or a successor to that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.

(2) In addition to paragraph (1), during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Counterintelligence Command (or a successor to that command) whose duties include conducting, supervising, or coordinating counterintelligence investigations in programs and operations of the Department of the Army.

(c) Guidelines for Exercise of Authority.—The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.

(Added Pub. L. 106–398, §1 [[div. A], title V, §554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, §4027; renumbered §7377, Pub. L. 115–232, div. A, title VIII, §808(b)(15), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 118–159, div. A, title XVI, §1613(a), Dec. 23, 2024, 138 Stat. 2168.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 118–159, also known as the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, which was approved Dec. 23, 2024.

Amendments

2024—Pub. L. 118–159, §1613(a)(1), substituted "Certain civilian special agents:" for "Civilian special agents of the Criminal Investigation Command:" in section catchline.

Subsec. (b). Pub. L. 118–159, §1613(a)(2), designated existing provisions as par. (1) and added par. (2).

2018—Pub. L. 115–232 renumbered section 4027 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2858 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter III / Section 2858: Limitation on the use of funds for expediting a construction project
Limitation on the use of funds for expediting a construction project
Status: in_force

Funds appropriated for military construction (including military family housing) may not be expended for additional costs involved in expediting a construction project unless the Secretary concerned (1) certifies that expenditures for such costs are necessary to protect the national interest, and (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 167.)

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.
10 U.S.C. § 174 (2024) — Title 10: ARMED FORCES / Chapter 7 / Section 174: Advisory personnel: research and development
Advisory personnel: research and development
Status: in_force

(a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out those activities.

(b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.

(c) The Secretary concerned may delegate any authority under this section to—

(1) the Under Secretary of his department;

(2) an Assistant Secretary of his department; or

(3) the chief, and one assistant to the chief, of any technical service, bureau, or office.

(Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 104–106, div. A, title X, §1061(e)(1), Feb. 10, 1996, 110 Stat. 443.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

174(a) 
5:235b (1st sentence).
5:475g (1st sentence).

5:628b (1st sentence). 

July 16, 1952, ch. 882, §§1, 7 (as applicable to §1), 66 Stat. 725, 726.

174(b) 
5:235b (less 1st sentence).
5:475g (less 1st sentence).

5:628b (less 1st sentence).

174(c) 
5:235h (as applicable to 5:235b).
5:475m (as applicable to 5:475g).

5:628h (as applicable to 5:628b).

In subsection (a), the words "the conduct of" are omitted as surplusage.

In subsection (b), the words "or panel" are inserted for clarity. The words "Secretary concerned" are substituted for the words "appointing authority".

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–106 substituted "Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service." for "Other members and part-time advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary concerned determines."

Statutory Notes and Related Subsidiaries

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
10 U.S.C. § 1563a (2024) — Title 10: ARMED FORCES / Chapter 80 / Section 1563a: Honorary promotions on the initiative of the Department of Defense
Honorary promotions on the initiative of the Department of Defense
Status: in_force

(a) In General.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general or rear admiral (upper half) if the Secretary determines that the promotion is merited.

(2) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.

(b) Notice to Congress.—The Secretary may not make an honorary promotion pursuant to subsection (a) until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination.

(c) Notice of Promotion.—Upon making an honorary promotion pursuant to subsection (a), the Secretary shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion.

(d) Nature of Promotion.—Any promotion pursuant to this section is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member.

(Added Pub. L. 116–283, div. A, title V, §523(a), Jan. 1, 2021, 134 Stat. 3597; amended Pub. L. 118–31, div. A, title XVII, §1741(a)(6), Dec. 22, 2023, 137 Stat. 680.)

Editorial Notes

Amendments

2023—Subsec. (a)(1). Pub. L. 118–31 substituted "general or" for "general," and struck out ", or an equivalent grade in the Space Force" after "rear admiral (upper half)".
10 U.S.C. § 949g (2024) — Title 10: ARMED FORCES / Chapter 47A / Subchapter IV / Section 949g: Oaths
Oaths
Status: in_force

(a) In General.—(1) Before performing their respective duties in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.

(2) The form of the oath required by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and whether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the Secretary of Defense. The regulations may provide that—

(A) an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty; and

(B) if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty.

(b) Witnesses.—Each witness before a military commission under this chapter shall be examined on oath.

(c) Oath Defined.—In this section, the term "oath" includes an affirmation.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2587.)

Editorial Notes

Prior Provisions

A prior section 949g, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to oaths, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 8044 (2024) — Title 10: ARMED FORCES / Chapter 806 / Section 8044: Assistant Commandant of the Marine Corps
Assistant Commandant of the Marine Corps
Status: in_force

(a) There is an Assistant Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Marine Corps not restricted in the performance of duty.

(b) The Assistant Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade.

(c) The Assistant Commandant has such authority and duties with respect to the Marine Corps as the Commandant, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Assistant Commandant in performing such duties have the same effect as those issued by the Commandant.

(d) When there is a vacancy in the office of Commandant of the Marine Corps, or during the absence or disability of the Commandant—

(1) the Assistant Commandant of the Marine Corps shall perform the duties of the Commandant until a successor is appointed or the absence or disability ceases; or

(2) if there is a vacancy in the office of the Assistant Commandant of the Marine Corps or the Assistant Commandant is absent or disabled, unless the President directs otherwise, the most senior officer of the Marine Corps in the Headquarters, Marine Corps, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Commandant until a successor to the Commandant or the Assistant Commandant is appointed or until the absence or disability of the Commandant or Assistant Commandant ceases, whichever occurs first.

(Added Pub. L. 99–433, title V, §513(b), Oct. 1, 1986, 100 Stat. 1054, §5044; renumbered §8044, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5202 of this title prior to enactment of Pub. L. 99–433.

Amendments

2018—Pub. L. 115–232 renumbered section 5044 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 223 (2024) — Title 10: ARMED FORCES / Chapter 9 / Section 223: Repealed. Pub. L. 118-159, div. A, title XVI, §1649(b)(1), Dec. 23, 2024, 138 Stat. 2199
Repealed. Pub. L. 118-159, div. A, title XVI, §1649(b)(1), Dec. 23, 2024, 138 Stat. 2199
Status: repealed

[§223. Repealed. Pub. L. 118–159, div. A, title XVI, §1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

Section, added Pub. L. 105–261, div. A, title II, §235(a)(1), Oct. 17, 1998, 112 Stat. 1953; amended Pub. L. 107–107, div. A, title II, §232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107–314, div. A, title II, §225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L. 108–136, div. A, title II, §221(a), (b)(1), (c)(1), Nov. 24, 2003, 117 Stat. 1419, related to program elements for ballistic missile defense programs. See section 5511 of this title.

Statutory Notes and Related Subsidiaries

Acquisition Accountability Reports on the Ballistic Missile Defense System

Pub. L. 111–383, div. A, title II, §225, Jan. 7, 2011, 124 Stat. 4170, related to acquisition baselines, elements of baselines, and annual reports, prior to repeal by Pub. L. 112–81, div. A, title II, §231(b)(1), Dec. 31, 2011, 125 Stat. 1339.

Cooperative Ballistic Missile Defense Program Element

Pub. L. 105–85, div. A, title II, §233, Nov. 18, 1997, 111 Stat. 1663, as amended by Pub. L. 107–314, div. A, title II, §225(b)(4)(A), Dec. 2, 2002, 116 Stat. 2486, directed the Secretary of Defense to establish the Cooperative Ballistic Missile Defense Program to support cooperative efforts between the United States and other nations that contributed to United States ballistic missile defense capabilities.
10 U.S.C. § 12104 (2024) — Title 10: ARMED FORCES / Chapter 1203 / Section 12104: Reserve components: transfers
Reserve components: transfers
Status: in_force

(a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.), is entitled, if he is qualified and accepted, to be enlisted in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secretaries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once.

(b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later enlisted or appointed.

(c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, §512; Pub. L. 96–513, title V, §511(15), Dec. 12, 1980, 94 Stat. 2921; renumbered §12104, Pub. L. 103–337, div. A, title XVI, §1662(b)(2), Oct. 5, 1994, 108 Stat. 2989; Pub. L. 114–328, div. A, title X, §1081(b)(1)(A)(viii), Dec. 23, 2016, 130 Stat. 2418.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

512(a)

 

 
512(b) 

50:929(a) (less 2d sentence, as applicable to enlistments).
50:929(a) (2d sentence, as applicable to enlistments). 

July 9, 1952, ch. 608, §209 (as applicable to enlistments), 66 Stat. 484.

512(c) 
50:929(b) (as applicable to enlistments).

In subsection (a), the words "is entitled * * * to be enlisted in any armed force that he chooses" are substituted for the words "shall * * * be permitted to enlist * * * in such Armed Force of the United States as he may elect". The second sentence is substituted for 50:929(a) (words within parentheses). The words "of an Armed Force of the United States" are omitted as surplusage.

In subsection (b), the word "rest" is substituted for the words "remaining period". The words "be required to" are omitted as surplusage.

In subsection (c), the words "This section does not" are substituted for the words "Nothing in this section shall be construed". The word "change" is substituted for the words "reduce, limit, or modify". The words "which any person may undertake to perform" are omitted as surplusage.

Editorial Notes

References in Text

The Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted "(50 U.S.C. 3801 et seq.)" for "(50 U.S.C. App. 451 et seq.)" in two places.

1994—Pub. L. 103–337 renumbered section 512 of this title as this section.

1980—Subsec. (a). Pub. L. 96–513 substituted "the Military Selective Service Act (50 U.S.C. App. 451 et seq.)" for "sections 451–473 of title 50, appendix" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 9435 (2024) — Title 10: ARMED FORCES / Chapter 953 / Section 9435: Dean of the Faculty
Dean of the Faculty
Status: in_force

(a) The Dean of the Faculty is responsible to the Superintendent for developing and sustaining the curriculum and overseeing the faculty of the Academy. The qualifications, selection procedures, training, pay grade, and retention of the Dean shall be prescribed by the Secretary of the Air Force, except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person's academic field. If a person appointed as the Dean is not an officer on active duty, the person shall be appointed as a member of the Senior Executive Service.

(b) The retirement age of an officer appointed as Dean of the Faculty is that of a permanent professor of the Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 562, §9335; Pub. L. 85–861, §33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, §508(c), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 102–484, div. A, title V, §521(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, §533(b), Oct. 5, 1999, 113 Stat. 605; Pub. L. 108–136, div. A, title V, §529(a), (b), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 108–375, div. A, title V, §542, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 114–328, div. A, title V, §502(qq), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, §507(b), Dec. 12, 2017, 131 Stat. 1375; renumbered §9435, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes
1956 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

9335(a)
9335(b) 

10:1089 (2d sentence).
10:1089 (less 1st 20 words, and less 2d sentence). 

June 26, 1946, ch. 495, §3 (less 1st 20 words), 60 Stat. 312.

In subsection (b), the word "grade" is substituted for the word "rank". The words "pay, allowances" are omitted, since they are determined by the grade held. The words "retirement rights" are omitted as covered by the word "benefits". The words "There is authorized", "from time to time", and "statutory" are omitted as surplusage. So much of 10:1089 as relates to the duties of the Dean of the Faculty is omitted as covered by section 8012(e) of this title.

1958 Act

The word "regular" is deleted [in sections 9335 and 9336] to make clear that a Dean or professor of the United States Air Force Academy holds only the office of "Dean" or "professor" and not the office of "brigadier general" or "colonel", as the case may be, even though he is entitled to the pay and allowances of that grade.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9335 of this title as this section.

2017—Subsec. (b). Pub. L. 115–91 substituted "appointed as Dean of the Faculty" for "so appointed".

2016—Subsec. (b). Pub. L. 114–328 struck out first and third sentences which read "While serving as Dean of the Faculty, an officer on active duty who holds a grade lower than brigadier general (or the equivalent) shall hold the grade of brigadier general (or the equivalent), if appointed to that grade by the President, by and with the advice and consent of the Senate." and "An officer so appointed is counted for purposes of the applicable limitation in section 526(a) of this title on general officers on active duty.", respectively.

2004—Subsec. (a). Pub. L. 108–375 inserted ", except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person's academic field" after "Secretary of the Air Force".

2003—Subsec. (a). Pub. L. 108–136, §529(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Dean of the Faculty shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy."

Subsec. (b). Pub. L. 108–136, §529(b), in first sentence, substituted "on active duty" for "of the Air Force" and inserted "(or the equivalent)" after "brigadier general" in two places and, in last sentence, inserted "applicable" before "limitation" and struck out "of the Air Force" after "general officers".

1999—Pub. L. 106–65 designated existing provisions as subsec. (a) and added subsec. (b).

1992—Pub. L. 102–484 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: "The Dean has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Air Force, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy."

1986—Subsec. (b). Pub. L. 99–661 amended subsec. (b) generally, substituting "while serving in such position" for "while serving as such" and "if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed" for "except that his retirement age".

1958—Subsec. (b). Pub. L. 85–861 substituted "the grade of brigadier general" for "the regular grade of brigadier general".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–136 applicable with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after Nov. 24, 2003, see section 529(d) of Pub. L. 108–136, set out as a note under section 9431 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99–661, set out as an Effective Date note under section 12210 of this title.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
10 U.S.C. § 2356 (2024) — Title 10: ARMED FORCES / Chapter 139 / Section 2356: Repealed. Pub. L. 104-106, div. A, title VIII, §802(a), Feb. 10, 1996, 110 Stat. 390
Repealed. Pub. L. 104-106, div. A, title VIII, §802(a), Feb. 10, 1996, 110 Stat. 390
Status: repealed

[§2356. Repealed. Pub. L. 104–106, div. A, title VIII, §802(a), Feb. 10, 1996, 110 Stat. 390]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 135; Sept. 2, 1958, Pub. L. 85–861, §1(43A), 72 Stat. 1457; July 18, 1984, Pub. L. 98–369, div. B, title VII, §2727(d), 98 Stat. 1195; Dec. 4, 1987, Pub. L. 100–180, div. A, title XII, §1231(18)(B), 101 Stat. 1161, related to delegations of authority under sections 1584, 2353, 2354, and 2355 of this title.
10 U.S.C. § 2533a (2024) — Title 10: ARMED FORCES / Chapter 148 / Subchapter V / Section 2533a: Renumbered §4862
Renumbered §4862
Status: renumbered

[§2533a. Renumbered §4862]
10 U.S.C. § 2241b (2024) — Title 10: ARMED FORCES / Chapter 134 / Subchapter I / Section 2241b: Prohibition on contracts providing payments for activities at sporting events to honor members of the armed forces
Prohibition on contracts providing payments for activities at sporting events to honor members of the armed forces
Status: in_force

(a) Prohibition.—The Department of Defense may not enter into any contract or other agreement under which payments are to be made in exchange for activities by the contractor intended to honor, or giving the appearance of honoring, members of the armed forces (whether members of the regular components or the reserve components) at any form of sporting event.

(b) Construction.—Nothing in subsection (a) shall be construed as prohibiting the Department of Defense from taking actions to facilitate activities intended to honor members of the armed forces at sporting events that are provided on a pro bono basis or otherwise funded with non-Federal funds if such activities are provided and received in accordance with applicable rules and regulations regarding the acceptance of gifts by the military departments, the armed forces, and members of the armed forces.

(Added Pub. L. 114–92, div. A, title III, §341(a), Nov. 25, 2015, 129 Stat. 792.)
10 U.S.C. § 20602 (2024) — Title 10: ARMED FORCES / Chapter 2013 / Section 20602: Officers: computation of years of service for voluntary retirement
Officers: computation of years of service for voluntary retirement
Status: in_force

(a) Years of Active Service.—For the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces.

(b) Reference to Section Excluding Service During Certain Periods.—Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.

(Added Pub. L. 118–31, div. A, title XVII, §1719A(a), Dec. 22, 2023, 137 Stat. 663.)
10 U.S.C. § 20402 (2024) — Title 10: ARMED FORCES / Chapter 2009 / Section 20402: Enlisted members: standards and qualifications for retention
Enlisted members: standards and qualifications for retention
Status: in_force

(a) Standards and Qualifications for Retention.—The Secretary of the Air Force shall, by regulation, prescribe—

(1) standards and qualifications for the retention of enlisted members of the Space Force; and

(2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications.

(b) Effect of Failure to Comply With Standards and Qualifications.—If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall—

(1) if qualified, be transferred to Space Force inactive status;

(2) if qualified, be retired in accordance with section 20603 of this title; or

(3) have the member's enlistment terminated.

(Added Pub. L. 118–31, div. A, title XVII, §1718(a), Dec. 22, 2023, 137 Stat. 656.)
10 U.S.C. § 8802 (2024) — Title 10: ARMED FORCES / Chapter 879 / Section 8802: Sales: members of Army, Air Force, and Space Force; prices
Sales: members of Army, Air Force, and Space Force; prices
Status: in_force

The Navy and the Marine Corps shall sell subsistence supplies to any member of the Army, the Air Force, or the Space Force at prices charged members of the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 471, §7602; renumbered §8802, Pub. L. 115–232, div. A, title VIII, §807(d)(9), Aug. 13, 2018, 132 Stat. 1837; Pub. L. 116–283, div. A, title IX, §924(d)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3826.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7602 
34 U.S.C. 538. 
Aug. 29, 1916, ch. 418, §1, 39 Stat. 630 (less words before semicolon of 3d proviso under "Subsistence of the Army").

This section is expanded to cover sales to members of the Air Force, as authorized by §305(a) of the National Security Act of 1947, as amended (5 U.S.C. 171l).

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "Sales: members of Army, Air Force, and Space Force; prices" for "Sales: members of Army and Air Force; prices" in section catchline and ", the Air Force, or the Space Force" for "or the Air Force" in text.

2018—Pub. L. 115–232 renumbered section 7602 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2193 (2024) — Title 10: ARMED FORCES / Chapter 111 / Section 2193: Improvement of education in technical fields: grants for higher education in science and mathematics
Improvement of education in technical fields: grants for higher education in science and mathematics
Status: in_force

(a)(1) The Secretary of Defense may, in accordance with the provisions of this subsection, carry out a program for awarding grants to students who have been accepted for enrollment in, or who are enrolled in, an institution of higher education as undergraduate or graduate students in scientific and engineering disciplines critical to the national security functions of the Department of Defense.

(2) Grant proceeds shall be disbursed on behalf of students awarded grants under this subsection to the institutions of higher education at which the students are enrolled. No grant proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education.

(3) The amount of a grant awarded a student under this subsection may not exceed the student's cost of attendance.

(4) The amount of a grant awarded a student under this subsection shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student financial assistance.

(5) The Secretary shall give priority to awarding grants under this subsection in a manner likely to stimulate the interest of women and members of minority groups in pursuing scientific and engineering careers. The Secretary may consider the financial need of applicants in making awards in accordance with such priority.

(b) In this section:

(1) The term "institution of higher education" has the meaning given such term in section 101 of the Higher Education Act of 1965.

(2) The term "cost of attendance" has the meaning given such term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

(Added Pub. L. 101–510, div. A, title II, §247(a)(1), Nov. 5, 1990, 104 Stat. 1521; amended Pub. L. 105–244, title I, §102(a)(2)(A), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 106–65, div. A, title V, §580(c)(2), (3), (d)(2), Oct. 5, 1999, 113 Stat. 633.)

Editorial Notes

References in Text

Section 101 of the Higher Education Act of 1965, referred to in subsec. (b)(1), is classified to section 1001 of Title 20, Education.

Amendments

1999—Pub. L. 106–65, §580(d)(2), amended section catchline generally. Prior to amendment, catchline read as follows: "Science and mathematics education improvement program".

Subsec. (b). Pub. L. 106–65, §580(c)(3), redesignated subsec. (c) as (b).

Pub. L. 106–65, §580(c)(2), redesignated subsec. (b) as section 2193a of this title.

Subsec. (c). Pub. L. 106–65, §580(c)(3), redesignated subsec. (c) as (b).

1998—Subsec. (c)(1). Pub. L. 105–244 substituted "section 101 of the Higher Education Act of 1965" for "section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
10 U.S.C. § 2257 (2024) — Title 10: ARMED FORCES / Chapter 134 / Subchapter II / Section 2257: Use of recruiting materials for public relations
Use of recruiting materials for public relations
Status: in_force

The Secretary of Defense may use for public relations purposes of the Department of Defense any advertising materials developed for use for recruitment and retention of personnel for the armed forces. Any such use shall be under such conditions and subject to such restrictions as the Secretary of Defense shall prescribe.

(Added Pub. L. 106–65, div. A, title V, §574(a), Oct. 5, 1999, 113 Stat. 624.)
10 U.S.C. § 1074o (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1074o: Provision of hyperbaric oxygen therapy for certain members
Provision of hyperbaric oxygen therapy for certain members
Status: in_force

(a) In General.—The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.

(b) Covered Member Defined.—In this section, the term "covered member" means a member of the armed forces who is—

(1) serving on active duty; and

(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.

(Added Pub. L. 115–91, div. A, title VII, §703(a)(1), Dec. 12, 2017, 131 Stat. 1435.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–91, div. A, title VII, §703(b), Dec. 12, 2017, 131 Stat. 1435, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect 90 days after the date of the enactment of this Act [Dec. 12, 2017]."
10 U.S.C. § 774 (2024) — Title 10: ARMED FORCES / Chapter 45 / Section 774: Religious apparel: wearing while in uniform
Religious apparel: wearing while in uniform
Status: in_force

(a) General Rule.—Except as provided under subsection (b), a member of the armed forces may wear an item of religious apparel while wearing the uniform of the member's armed force.

(b) Exceptions.—The Secretary concerned may prohibit the wearing of an item of religious apparel—

(1) in circumstances with respect to which the Secretary determines that the wearing of the item would interfere with the performance of the member's military duties; or

(2) if the Secretary determines, under regulations under subsection (c), that the item of apparel is not neat and conservative.

(c) Regulations.—The Secretary concerned shall prescribe regulations concerning the wearing of religious apparel by members of the armed forces under the Secretary's jurisdiction while the members are wearing the uniform. Such regulations shall be consistent with subsections (a) and (b).

(d) Religious Apparel Defined.—In this section, the term "religious apparel" means apparel the wearing of which is part of the observance of the religious faith practiced by the member.

(Added Pub. L. 100–180, div. A, title V, §508(a)(2), Dec. 4, 1987, 101 Stat. 1086.)

Editorial Notes

Prior Provisions

A prior section 774 was renumbered section 776 of this title.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 100–180, div. A, title V, §508(c), Dec. 4, 1987, 101 Stat. 1087, directed the Secretary concerned to prescribe the regulations required by subsec. (c) of this section not later than the end of the 120-day period beginning on Dec. 4, 1987.
10 U.S.C. § 924a (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 924a: Art. 124a. Bribery
Art. 124a. Bribery
Status: in_force

(a) Asking, Accepting, or Receiving Thing of Value.—Any person subject to this chapter—

(1) who occupies an official position or who has official duties; and

(2) who wrongfully asks, accepts, or receives a thing of value with the intent to have the person's decision or action influenced with respect to an official matter in which the United States is interested;

shall be punished as a court-martial may direct.

(b) Promising, Offering, or Giving Thing of Value.—Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5437, Dec. 23, 2016, 130 Stat. 2952.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 1166 (2024) — Title 10: ARMED FORCES / Chapter 59 / Section 1166: Regular warrant officers: elimination for unfitness or unsatisfactory performance
Regular warrant officers: elimination for unfitness or unsatisfactory performance
Status: in_force

(a) Under such regulations as the Secretary concerned may prescribe, and subject to the recommendations of a board of officers or a selection board under section 576 of this title, a permanent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and reports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for retirement under any provision of law, but since the date when he accepted his original permanent appointment as a regular warrant officer he has at least three years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), he shall, if eligible therefor, be separated with separation pay under section 1174 of this title or severance pay under section 286a 1 of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under section 515 of this title. If he does not have three years of such service, he shall be separated under section 1165 of this title.

(b) The Secretary concerned may defer, for not more than four months, the retirement or separation under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to be retired or separated under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, §6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96–513, title I, §109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, title XI, §1131(5), Dec. 5, 1991, 105 Stat. 1506.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

1166(a) 
10:600m (less last 21 words of 3d sentence).
10:600(d) (as applicable to 10:600m).

34:430a (less last 21 words of 3d sentence).

34:135(d) (as applicable to 34:430a). 

May 29, 1954, ch. 249, §§2(d) (as applicable to §15), 14(e) (as applicable to §15), 15 (less last 21 words of 3d sentence), 68 Stat. 157, 163, 164.

1166(b) 
10:600l(e) (as applicable to 10:600m).
34:430(e) (as applicable to 34:430a).

In subsection (a), the words "he shall be separated" are substituted for the words "his appointment as a permanent warrant officer of the Regular service and any other appointment which he may hold in any warrant officer or commissioned officer grade shall be terminated" and "his appointment shall be terminated". The words "at least three" are substituted for the words "more than three" for clarity.

In subsection (b), the words "The Secretary concerned may defer" are substituted for the words "may, in the discretion of the Secretary, be deferred". The words "not more than" are substituted for the words "a period not to exceed". The words "he would otherwise be required to be retired or separated under this section" are substituted for the words "retirement * * * would otherwise be required". The words "determination of his" are inserted for clarity. The words "which is required", "possible", "proper", and "a period of" are omitted as surplusage.

Editorial Notes

References in Text

Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note under section 580 of this title.

Section 286a of title 14, referred to in subsec. (a), was redesignated section 2147 of title 14 by Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 286a of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments

1991—Subsec. (a). Pub. L. 102–190 substituted "section 576" for "section 560".

1980—Subsec. (a). Pub. L. 96–513 provided that officers discharged under this section are entitled, if eligible therefor, to separation pay under section 1174 or severance pay under section 286a of title 14.

1962—Subsec. (a). Pub. L. 87–649 substituted "section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)" for "section 311 of title 37."

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 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.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

1 See References in Text note below.
10 U.S.C. § 9036 (2024) — Title 10: ARMED FORCES / Chapter 905 / Section 9036: Surgeon General: appointment; duties
Surgeon General: appointment; duties
Status: in_force

(a) Appointment.—The Surgeon General of the Air Force shall be appointed by the President, by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department.

(b) Duties.—(1) The Surgeon General serves as the principal advisor to the Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force, including strategic planning and policy development relating to such matters.

(2) The Surgeon General serves as the chief medical advisor of the Air Force and the Space Force to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Air Force and members of the Space Force.

(3) The Surgeon General, acting under the authority, direction, and control of the Secretary of the Air Force, shall recruit, organize, train, and equip, medical personnel of the Air Force.

(Added Pub. L. 89–288, §5(a), Oct. 22, 1965, 79 Stat. 1050, §8036; amended Pub. L. 99–433, title V, §522(g)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 104–106, div. A, title V, §506(c), Feb. 10, 1996, 110 Stat. 296; Pub. L. 114–328, div. A, title VII, §702(b)(3)(A), Dec. 23, 2016, 130 Stat. 2196; renumbered §9036, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, §923(b)(6), Jan. 1, 2021, 134 Stat. 3809.)

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 116–283, §923(b)(6)(A), substituted "Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force" for "Secretary of the Air Force and the Chief of Staff of the Air Force on all health and medical matters of the Air Force".

Subsec. (b)(2). Pub. L. 116–283, §923(b)(6)(B), inserted "and the Space Force" after "advisor of the Air Force" and "and members of the Space Force" after "members of the Air Force".

2018—Pub. L. 115–232 renumbered section 8036 of this title as this section.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "There is a Surgeon General of the Air Force who is appointed by the President by and with the advice and consent of the Senate from officers of the Air Force who are in the Air Force medical department. The Surgeon General, while so serving, has the grade of lieutenant general."

1996—Pub. L. 104–106 substituted "in the Air Force medical department" for "designated as medical officers under section 8067(a) of this title".

1986—Pub. L. 99–433 substituted a semicolon for the comma in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Service of Incumbents in Certain Positions Without Reappointment

For continued service of Surgeon General of the Air Force under this section after Jan. 1, 2021, without further appointment, notwithstanding amendment by section 923(b)(6) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title.
10 U.S.C. § 2773b (2024) — Title 10: ARMED FORCES / Chapter 165 / Section 2773b: Parking of funds: prohibition; penalties
Parking of funds: prohibition; penalties
Status: in_force

(a) Prohibition.—An officer or employee of the Department of Defense may not direct the designation of funds for a particular purpose in the budget of the President, as submitted to Congress pursuant to section 1105 of title 31, or the supporting documents of the Department of Defense component of such budget, with the knowledge or intent that such funds, if made available to the Department, will not be used for the purpose for which they are designated.

(b) Penalties.—The direction of the designation of funds in violation of the prohibition in subsection (a) shall be treated for purposes of chapter 13 of title 31 as a violation of section 1341(a)(1)(A) of such title.

(Added Pub. L. 109–364, div. A, title X, §1053(a)(1), Oct. 17, 2006, 120 Stat. 2396.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 109–364, div. A, title X, §1053(b), Oct. 17, 2006, 120 Stat. 2396, provided that:

"(1) In general.—The amendments made by subsection (a) [enacting this section] shall take effect on the date that is 31 days after the date of the enactment of this Act [Oct. 17, 2006].

"(2) Modification of certain policies and regulations.—Not later than 30 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall modify the policies and regulations of the Department of Defense regarding the preparation and submittal to Congress of budget materials for the Department of Defense to take into account section 2773b of title 10, United States Code, as added by subsection (a)."
10 U.S.C. § 490 (2024) — Title 10: ARMED FORCES / Chapter 23 / Section 490: Repealed. Pub. L. 112-81, div. A, title X, §1061(10)(A), Dec. 31, 2011, 125 Stat. 1583
Repealed. Pub. L. 112-81, div. A, title X, §1061(10)(A), Dec. 31, 2011, 125 Stat. 1583
Status: repealed

[§490. Repealed. Pub. L. 112–81, div. A, title X, §1061(10)(A), Dec. 31, 2011, 125 Stat. 1583]

Section, added Pub. L. 110–181, div. A, title IX, §912(a), Jan. 28, 2008, 122 Stat. 280; amended Pub. L. 111–84, div. A, title X, §1073(a)(6), Oct. 28, 2009, 123 Stat. 2472, related to management of space cadre personnel and submission of a biennial report.
10 U.S.C. § 7540 (2024) — Title 10: ARMED FORCES / Chapter 763 / Section 7540: Architectural and engineering services
Architectural and engineering services
Status: in_force

(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.

(b) The fee for any service under this section may not be more than 10 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.

(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 255, §4540; Pub. L. 89–718, §28, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 95–454, title VII, §703(c)(3), title VIII, §801(a)(3)(I), Oct. 13, 1978, 92 Stat. 1217, 1222; Pub. L. 96–513, title V, §512(16), Dec. 12, 1980, 94 Stat. 2930; renumbered §7540, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 118–31, div. B, title XXVIII, §2881(a), Dec. 22, 2023, 137 Stat. 780.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

4540(a) 
5:221 (1st sentence, less last 15 words). 
Aug. 7, 1939, ch. 511, §2, 53 Stat. 1240.

4540(b) 
5:221 (less 1st sentence).

4540(c) 
5:221 (last 15 words of 1st sentence).

In subsection (a), the words "and providing that in the opinion" are omitted as covered by the words "whenever he considers". The words "needed for" are substituted for the words "required for the accomplishment of".

In subsection (c), reference is made in substance to the Classification Act of 1949, instead of the Classification Act of 1923 referred to in the source statute, since section 1106(a) of the Classification Act of 1949, 63 Stat. 972, provides that all references in other acts to the Classification Act of 1923 should be considered to refer to the Classification Act of 1949.

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31 substituted "10 percent" for "6 percent".

2018—Pub. L. 115–232 renumbered section 4540 of this title as this section.

1980—Subsec. (c). Pub. L. 96–513 substituted "and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5" for "5101–5115, 5331–5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter 53 of title 5".

1978—Subsec. (c). Pub. L. 95–454, §801(a)(3)(I), inserted reference to subchapter VI of chapter 53 of title 5.

Pub. L. 95–454, §703(c)(3), substituted "7204" for "7154".

1966—Subsec. (c). Pub. L. 89–718 substituted "Sections 305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154 of title 5" for "Sections 1071–1153 of title 5".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1978 Amendment

Amendment by section 703(c)(3) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees.

Amendment by section 801(a)(3)(I) of Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of Title 5.
10 U.S.C. § 518 (2024) — Title 10: ARMED FORCES / Chapter 31 / Section 518: Temporary enlistments
Temporary enlistments
Status: in_force

Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, without specification of component.

(Added Pub. L. 90–235, §2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755; amended Pub. L. 116–283, div. A, title IX, §924(b)(2)(A)(iii), Jan. 1, 2021, 134 Stat. 3821.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "Marine Corps, Space Force," for "Marine Corps,".

Statutory Notes and Related Subsidiaries

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.
10 U.S.C. § 1074l (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1074l: Notification to Congress of hospitalization of combat wounded members
Notification to Congress of hospitalization of combat wounded members
Status: in_force

(a) Notification Required.—The Secretary concerned shall provide notification of the hospitalization of any member of the armed forces evacuated from a theater of combat and admitted to any military medical treatment facility to the appropriate Members of Congress.

(b) Appropriate Members.—In this section, the term "appropriate Members of Congress", with respect to the member of the armed forces about whom notification is being made, means the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the member's home of record or a different location as provided by the member.

(c) Consent of Member Required.—The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.

(Added Pub. L. 110–181, div. A, title XVI, §1617(a)(1), Jan. 28, 2008, 122 Stat. 449; amended Pub. L. 115–232, div. A, title VII, §720, Aug. 13, 2018, 132 Stat. 1817.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–232 substituted "admitted to any military medical treatment facility" for "admitted to a military treatment facility within the United States".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title XVI, §1617(a)(2), Jan. 28, 2008, 122 Stat. 449, provided that: "The notification requirement under section 1074l(a) of title 10, United States Code, as added by paragraph (1), shall apply beginning 60 days after the date of the enactment of this Act [Jan. 28, 2008]."
10 U.S.C. § 2277 (2024) — Title 10: ARMED FORCES / Chapter 135 / Section 2277: Disclosure of National Security Space Launch program contract pricing terms
Disclosure of National Security Space Launch program contract pricing terms
Status: in_force

(a) In General.—With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).

(b) Competitively Sensitive Trade Secret Data.—The congressional defense committees and the congressional intelligence committees shall—

(1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and

(2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description.

(c) Rule of Construction.—For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.

(Added Pub. L. 117–81, div. A, title XVI, §1601(a)(1), Dec. 27, 2021, 135 Stat. 2073.)

Editorial Notes

Prior Provisions

A prior section 2277, added Pub. L. 112–239, div. A, title IX, §913(c)(1), Jan. 2, 2013, 126 Stat. 1875, related to report on foreign counter-space programs, prior to repeal by Pub. L. 115–91, div. A, title X, §1051(a)(13)(A), Dec. 12, 2017, 131 Stat. 1561.

Another prior section 2277, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to availability of appropriations, prior to repeal by Pub. L. 103–160, div. A, title VIII, §821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
10 U.S.C. § 9451 (2024) — Title 10: ARMED FORCES / Chapter 953 / Section 9451: Cadets: deficiencies in conduct or studies; effect of failure on successor
Cadets: deficiencies in conduct or studies; effect of failure on successor
Status: in_force

(a) A cadet who is reported as deficient in conduct or studies and recommended to be discharged from the Academy may not, unless recommended by the Academy Board, be returned or reappointed to the Academy.

(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Superintendent within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.

(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.

(Aug. 10, 1956, ch. 1041, 70A Stat. 566, §9351; renumbered §9451, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

9351(a)
9351(b)

9351(c) 

10:1104.
10:1103.

10:1092b (1st proviso). 

Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under "Permanent Establishment"), 39 Stat. 493.

  
 
R.S. 1325.

  
 
June 30, 1950, ch. 421, §2 (1st proviso), 64 Stat. 304.

In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287(d) of this title.

In subsection (b), the words "is entitled to" are substituted for the words "shall have the right to apply". The words "of equal scope and difficulty in that subject" are substituted for the words "by compliance with the requirements existing at the time of the first examination".

In subsection (c), the words "by reason of sickness, or deficiency in his studies, or other cause" are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9351 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 9562 (2024) — Title 10: ARMED FORCES / Chapter 965 / Section 9562: Clothing
Clothing
Status: in_force

The President may prescribe the quantity and kind of clothing to be issued annually to members of the Air Force and members of the Space Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 577; Pub. L. 116–283, div. A, title IX, §923(e)(3), Jan. 1, 2021, 134 Stat. 3816.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

9562 
10:831. 
R.S. 1296 (less 1st 9 words).

The words "members of the Air Force" are substituted for the words "troops of the United States".

Editorial Notes

Amendments

2021—Pub. L. 116–283 inserted "and members of the Space Force" after "the Air Force".
10 U.S.C. § 8715 (2024) — Title 10: ARMED FORCES / Chapter 867 / Section 8715: Naval Observatory: administration
Naval Observatory: administration
Status: in_force

(a) The Naval Observatory shall be attached to the Office of the Chief of Naval Operations.

(b) The Superintendent of the Naval Observatory shall be detailed from officers in the line of the Navy serving in the grade of captain or above.

(c) The Secretary of the Navy may detail any officer of the Navy, competent for that duty, to supervise the Nautical Almanac.

(Aug. 10, 1956, ch. 1041, 70A Stat. 457, §7395; renumbered §8715, Pub. L. 115–232, div. A, title VIII, §807(d)(4), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7395 
5 U.S.C. 133y–16 (note). 
Reorganization Plan No. 3 of 1946, Part III, §301, 60 Stat. 1099.

  
5 U.S.C. 461. 
Mar. 3, 1901, ch. 852, 31 Stat. 1122 (2d par., last sentence).

  
5 U.S.C. 463. 
R.S. 436; June 29, 1949, ch. 278, 63 Stat. 300 (2d par.).

In subsection (a) the words "together with their respective functions, are hereby transferred from the Bureau of Naval Personnel, Department of the Navy" are omitted as executed. The words "attached to" are substituted for the words "and shall be administered, subject to the direction and control of the Secretary of the Navy, under the Chief of Naval Operations" for brevity. All orders issued by the Chief of Naval Operations in performing the duties assigned to him are issued under the authority of the Secretary of the Navy.

In subsection (b) the words "until further legislation by Congress" are omitted as surplusage.

In subsection (c) the word "detail" is substituted for the word "place". The words "in charge" are omitted as surplusage. The word "duty" is substituted for the word "service" for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7395 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 882 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 882: Art. 82. Soliciting commission of offenses
Art. 82. Soliciting commission of offenses
Status: in_force

(a) Soliciting Commission of Offenses Generally.—Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct.

(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.—Any person subject to this chapter who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 899 of this title (article 99)—

(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and

(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 114–328, div. E, title LX, §5403, Dec. 23, 2016, 130 Stat. 2939; Pub. L. 115–91, div. A, title X, §1081(c)(1)(M), Dec. 12, 2017, 131 Stat. 1598.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

882(a)
882(b) 

50:676(a).
50:676(b). 

May 5, 1950, ch. 169, §1, (Art. 82), 64 Stat. 134.

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–91 substituted "section 899" for "section 99" in introductory provisions.

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to solicitation of desertion, mutiny, misbehavior before the enemy, or sedition.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 452 (2024) — Title 10: ARMED FORCES / Chapter 22 / Subchapter II / Section 452: Pilot charts
Pilot charts
Status: in_force

(a) There shall be conspicuously printed on pilot charts prepared in the National Geospatial-Intelligence Agency the following: "Prepared from data furnished by the National Geospatial-Intelligence Agency of the Department of Defense and by the Department of Commerce, and published at the National Geospatial-Intelligence Agency under the authority of the Secretary of Defense".

(b) The Secretary of Commerce shall furnish to the National Geospatial-Intelligence Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for, and of the character used in, preparing pilot charts.

(Added Pub. L. 97–295, §1(50)(C), Oct. 12, 1982, 96 Stat. 1299, §2793; renumbered §452 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

2793 
10:7393.

The words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The words "Secretary of Commerce" are substituted for "Weather Bureau of the Department of Commerce" to reflect the transfer of functions from the Weather Bureau to the Secretary of Commerce under Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The word "quickly" is substituted for "expeditiously" for consistency in title 10.

Editorial Notes

Prior Provisions

A prior section 452 was renumbered section 482 of this title.

Amendments

2003—Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency" wherever appearing.

1996—Pub. L. 104–201 renumbered section 2793 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of this title.
10 U.S.C. § 8748 (2024) — Title 10: ARMED FORCES / Chapter 871 / Section 8748: Naval War College and Marine Corps University: civilian faculty members
Naval War College and Marine Corps University: civilian faculty members
Status: in_force

(a) Authority of Secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at a school of the Naval War College or of the Marine Corps University as the Secretary considers necessary.

(b) Compensation of Faculty Members.—The compensation of persons employed under this section shall be as prescribed by the Secretary.

(c) Application to Certain Faculty Members.—This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Naval War College or of the Marine Corps University if the duration of the principal course of instruction offered at the school or college involved is less than 10 months.

(Aug. 10, 1956, ch. 1041, 70A Stat. 464, §7478; Pub. L. 101–189, div. A, title XI, §1124(c)(1), Nov. 29, 1989, 103 Stat. 1559; Pub. L. 105–85, div. A, title XI, §1109(a), (b)(1), Nov. 18, 1997, 111 Stat. 1927; renumbered §8748, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7478 
34 U.S.C. 1071 (less applicability to Naval Academy). 
Aug. 2, 1946, ch. 756, §7(a) (less applicability to Naval Academy), 60 Stat. 854.

  
5 U.S.C. 412a. 
Aug. 2, 1946, ch. 756, §39, 60 Stat. 858.

In subsection (a) the words "for the proper instruction of naval personnel" and in subsection (b) the words "out of naval appropriations" are omitted as surplusage.

In subsection (c) the words "except the authority to prescribe regulations" are omitted, since 34 U.S.C. 1071 contains no authority for the Secretary to prescribe regulations.

Editorial Notes

Prior Provisions

A prior section 8748 was renumbered section 9278 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 7478 of this title as this section.

1997—Pub. L. 105–85, §1109(b)(1), substituted "Marine Corps University" for "Marine Corps Command and Staff College" in section catchline.

Subsecs. (a), (c). Pub. L. 105–85, §1109(a), substituted "of the Marine Corps University" for "at the Marine Corps Command and Staff College".

1989—Pub. L. 101–189 substituted "Naval War College and Marine Corps Command and Staff College: civilian faculty members" for "Naval War College: employment of civilian professors; compensation" as section catchline and amended text generally. Prior to amendment, text read as follows:

"(a) The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the Naval War College as he considers necessary.

"(b) The compensation of persons employed under this section is as prescribed by the Secretary.

"(c) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations."

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 187 (2024) — Title 10: ARMED FORCES / Chapter 7 / Section 187: Repealed. Pub. L. 117-263, div. A, title XIV, §1411(a), Dec. 23, 2022, 136 Stat. 2869
Repealed. Pub. L. 117-263, div. A, title XIV, §1411(a), Dec. 23, 2022, 136 Stat. 2869
Status: repealed

[§187. Repealed. Pub. L. 117–263, div. A, title XIV, §1411(a), Dec. 23, 2022, 136 Stat. 2869]

Section, added Pub. L. 109–364, div. A, title VIII, §843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, §829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, §901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, §1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, §1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, §1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Materials Protection Board. See section 98h–1 of Title 50, War and National Defense.
10 U.S.C. § 2126 (2024) — Title 10: ARMED FORCES / Chapter 105 / Subchapter I / Section 2126: Members of the program: service credit
Members of the program: service credit
Status: in_force

(a) Service Not Creditable.—Except as provided in subsection (b), service performed while a member of the program shall not be counted—

(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or

(2) in computing years of service creditable under section 205 of title 37.

(b) Service Creditable for Certain Purposes.—(1) The Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member—

(A) completes the course of study;

(B) completes the active duty obligation imposed under section 2123(a) of this title; and

(C) possesses a specialty designated by the Secretary concerned as critically needed in wartime.

(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.

(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the member serves in the Selected Reserve and is credited under section 12732(a)(2) of this title with at least 50 points. The points credited for the participation shall be recorded in the member's records as having been earned in the year of the participation in the course of study.

(4) Service may not be counted under paragraph (1) for more than four years of participation in a course of study as a member of the program.

(5) A member of the Selected Reserve may be considered to be in an active status while pursuing a course of study under this subchapter only for purposes of sections 12732(a) and 12733(3) of this title.

(6) A member is not entitled to any retroactive award of, or increase in, pay or allowances under title 37 by reason of an award of service credit under paragraph (1).

(Added Pub. L. 92–426, §2(a), Sept. 21, 1972, 86 Stat. 718; amended Pub. L. 96–513, title V, §501(22), Dec. 12, 1980, 94 Stat. 2908; Pub. L. 104–201, div. A, title V, §543(a), Sept. 23, 1996, 110 Stat. 2521; Pub. L. 106–65, div. A, title V, §544, Oct. 5, 1999, 113 Stat. 608.)

Editorial Notes

Amendments

1999—Subsec. (b)(2). Pub. L. 106–65, §544(1), added par. (2) and struck out former par. (2) which read as follows: "Service credited under paragraph (1) counts only for the following purposes:

"(A) Award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.

"(B) Computation of years of service creditable under section 205 of title 37."

Subsec. (b)(3). Pub. L. 106–65, §544(1), added par. (3) and struck out former par. (3) which read as follows: "For purposes of paragraph (2)(A), a member may be credited in accordance with paragraph (1) with not more than 50 points for each year of participation in a course of study that the member satisfactorily completes as a member of the program."

Subsec. (b)(5), (6). Pub. L. 106–65, §544(2), (3), added par. (5) and redesignated former par. (5) as (6).

1996—Pub. L. 104–201 designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b), service performed" for "Service performed", and added subsec. (b).

1980—Cl. (2). Pub. L. 96–513 struck out ", other than subsection (a)(7) and (8)," after "section 205".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 526a (2024) — Title 10: ARMED FORCES / Chapter 32 / Section 526a: Renumbered §526
Renumbered §526
Status: renumbered

[§526a. Renumbered §526]

Statutory Notes and Related Subsidiaries

Exclusion of Officers Serving as Lead Special Trial Counsel From Limitations on Authorized Strengths for General and Flag Officers

Pub. L. 117–263, div. A, title V, §506, Dec. 23, 2022, 136 Stat. 2558, which related to certain general or flag officers serving in the position of lead special trial counsel pursuant to an appointment under section 1044f(a)(2) of this title, was repealed by Pub. L. 118–31, div. A, title V, §501(c), Dec. 22, 2023, 137 Stat. 240.
10 U.S.C. § 2374 (2024) — Title 10: ARMED FORCES / Chapter 139 / Section 2374: Renumbered §4024
Renumbered §4024
Status: renumbered

[§2374. Renumbered §4024]
10 U.S.C. § 950a (2024) — Title 10: ARMED FORCES / Chapter 47A / Subchapter VII / Section 950a: Error of law; lesser included offense
Error of law; lesser included offense
Status: in_force

(a) Error of Law.—A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Lesser Included Offense.—Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2599.)

Editorial Notes

Prior Provisions

A prior section 950a, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2618, related to error of law and lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 12007 (2024) — Title 10: ARMED FORCES / Chapter 1201 / Section 12007: Reserve officers of the Army: distribution
Reserve officers of the Army: distribution
Status: in_force

The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between—

(1) each special branch; and

(2) all other branches taken together.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2986.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3220 of this title, prior to repeal by Pub. L. 103–337, §1662(a)(3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 1331 (2024) — Title 10: ARMED FORCES / Chapter 67 / Section 1331: Reference to chapter 1223
Reference to chapter 1223
Status: in_force

Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).

(Added Pub. L. 103–337, div. A, title XVI, §1662(j)(7), Oct. 5, 1994, 108 Stat. 3005.)

Editorial Notes

Prior Provisions

Prior sections 1331 to 1338 were renumbered sections 12731 to 12738 of this title, respectively.
10 U.S.C. § 4603 (2024) — Title 10: ARMED FORCES / Chapter 361 / Section 4603: Advance notification of contract performance outside the United States
Advance notification of contract performance outside the United States
Status: in_force

(a) Notification.—(1) A firm that is performing a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall notify the Department of Defense in advance of any intention of the firm or any first-tier subcontractor of the firm to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada.

(2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal.

(3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract.

(b) Recipient of Notification.—The firm shall transmit the notification—

(1) in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and

(2) in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct.

(c) Availability of Notifications.—The Secretary of Defense shall ensure that the notifications (or copies) are maintained in compiled form for a period of 5 years after the date of submission and are available for use in the preparation of the national defense technology and industrial base assessment carried out under section 4816 of this title.

(d) Inapplicability to Certain Contracts.—This section shall not apply to contracts for any of the following:

(1) Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41).

(2) Military construction.

(3) Ores.

(4) Natural gas.

(5) Utilities.

(6) Petroleum products and crudes.

(7) Timber.

(8) Subsistence.

(Added Pub. L. 102–484, div. A, title VIII, §840(a)(1), Oct. 23, 1992, 106 Stat. 2466, §2410g; amended Pub. L. 104–106, div. D, title XLIII, §4321(b)(16), Feb. 10, 1996, 110 Stat. 673; Pub. L. 111–350, §5(b)(30), Jan. 4, 2011, 124 Stat. 3845; Pub. L. 115–232, div. A, title VIII, §836(e)(7), Aug. 13, 2018, 132 Stat. 1870; renumbered §4603 and amended Pub. L. 116–283, div. A, title XVIII, §§1861(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4277, 4294.)

Editorial Notes

Prior Provisions

Prior sections 4621 and 4622 were renumbered sections 7621 and 7622 of this title, respectively.

A prior section 4623, act Aug. 10, 1956, ch. 1041, 70A Stat. 258, provided that the Quartermaster Corps sell not more than 16 ounces of tobacco a month to an enlisted member of the Army on active duty who requests it, prior to repeal by Pub. L. 91–482, §1(a), Oct. 21, 1970, 84 Stat. 1082.

Prior sections 4624 to 4629 were renumbered sections 7624 to 7629 of this title, respectively.

Amendments

2021—Pub. L. 116–283, §1861(b), renumbered section 2410g of this title as this section.

Subsec. (c). Pub. L. 116–283, §1883(b)(2), substituted "section 4816" for "section 2505".

2018—Subsec. (d)(1). Pub. L. 115–232 substituted "Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)" for "Commercial items (as defined in section 103 of title 41)".

2011—Subsec. (d)(1). Pub. L. 111–350 substituted "section 103 of title 41)" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))".

1996—Subsec. (d)(1). Pub. L. 104–106 inserted "(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Effective Date of 1996 Amendment

For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title.

Effective Date

Pub. L. 102–484, div. A, title VIII, §840(b), Oct. 23, 1992, 106 Stat. 2467, provided that: "Section 2410g of title 10, United States Code [now 10 U.S.C. 4603] (as added by subsection (a)), shall take effect 90 days after the date of the enactment of this Act [Oct. 23, 1992]."
10 U.S.C. § 889 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 889: Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer
Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer
Status: in_force

(a) Disrespect.—Any person subject to this chapter who behaves with disrespect toward that person's superior commissioned officer shall be punished as a court-martial may direct.

(b) Assault.—Any person subject to this chapter who strikes that person's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer's office shall be punished—

(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 114–328, div. E, title LX, §5408, Dec. 23, 2016, 130 Stat. 2941.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

889 
50:683. 
May 5, 1950, ch. 169, §1 (Art. 89), 64 Stat. 135.

The word "commissioned" is inserted for clarity.

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b) of this section were contained in section 890 of this title, prior to amendment by Pub. L. 114–328, div. E, title LX, §5409, Dec. 23, 2016, 130 Stat. 2942.

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct."

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 8079 (2024) — Title 10: ARMED FORCES / Chapter 809 / Section 8079: Appointment of chiropractors in the Medical Service Corps
Appointment of chiropractors in the Medical Service Corps
Status: in_force

Chiropractors who are qualified under regulations prescribed by the Secretary of the Navy may be appointed as commissioned officers in the Medical Service Corps of the Navy.

(Added Pub. L. 102–484, div. A, title V, §505(b)(1), Oct. 23, 1992, 106 Stat. 2404, §5139; renumbered §8079, Pub. L. 115–232, div. A, title VIII, §807(a)(2), Aug. 13, 2018, 132 Stat. 1834.)

Editorial Notes

Prior Provisions

Prior sections 8079 and 8080 were repealed by Pub. L. 103–337, div. A, title XVI, §§1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, effective Dec. 1, 1994.

Section 8079, act Aug. 10, 1956, ch. 1041, 70A Stat. 496, related to status of Air National Guard of United States when not in Federal service. See section 10113 of this title.

Section 8080, added Pub. L. 86–603, §1(3)(A), July 7, 1960, 74 Stat. 357, related to authority of officers of Air National Guard of United States with respect to Federal status. See section 10215 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 5139 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Regulations

Regulations required to be prescribed by amendment made by section 505 of Pub. L. 102–484 to be prescribed not later than 180 days after Oct. 23, 1992, see section 505(d) of Pub. L. 102–484, set out as a note under section 7070 of this title.
10 U.S.C. § 1046 (2024) — Title 10: ARMED FORCES / Chapter 53 / Section 1046: Overseas temporary foster care program
Overseas temporary foster care program
Status: in_force

(a) Program Authorized.—The Secretary concerned may establish a program to provide temporary foster care services outside the United States for children accompanying members of the armed forces on duty at stations outside the United States. The foster care services provided under such a program shall be similar to those services provided by State and local governments in the United States.

(b) Expenses.—Under regulations prescribed by the Secretary concerned, the expenses related to providing foster care services under subsection (a) may be paid from appropriated funds available to the Secretary.

(Added Pub. L. 102–484, div. A, title VI, §651(a), Oct. 23, 1992, 106 Stat. 2425.)

Editorial Notes

Prior Provisions

A prior section 1046, added Pub. L. 98–525, title VII, §708(a)(1), Oct. 19, 1984, 98 Stat. 2572, related to preseparation counseling, prior to repeal by Pub. L. 101–510, div. A, title V, §502(b)(1), Nov. 5, 1990, 104 Stat. 1557.
10 U.S.C. § 3681 (2024) — Title 10: ARMED FORCES / Chapter 258 / Section 3681: Leasing of commercial vehicles and equipment
Leasing of commercial vehicles and equipment
Status: in_force

The Secretary of Defense may use leasing in the acquisition of commercial vehicles and equipment whenever the Secretary determines that such leasing is practicable and efficient.

(Added and amended Pub. L. 116–283, div. A, title XVIII, §1825(a), (k), Jan. 1, 2021, 134 Stat. 4206, 4208.)

Editorial Notes

Codification

The text of subsec. (a) of section 2401a of this title, which was transferred to this section and amended by Pub. L. 116–283, §1825(k), was based on Pub. L. 104–106, div. A, title VIII, §807(a)(1)(B), Feb. 10, 1996, 110 Stat. 391; Pub. L. 105–85, div. A, title X, §1073(a)(52), Nov. 18, 1997, 111 Stat. 1903.

Prior Provisions

A prior section 3681 was renumbered section 7251 of this title.

Another prior section 3681, act Aug. 10, 1956, ch. 1041, 70A Stat. 210, related to service listed in the official Army Register, prior to repeal by Pub. L. 85–861, §36B(9), Sept. 2, 1958, 72 Stat. 1570. See section 122 of this title.

A prior section 3682, act Aug. 10, 1956, ch. 1041, 70A Stat. 210, provided that in computing length of service, no commissioned officer of the Army could be credited with service as a cadet at the Military Academy or as a midshipman at the Naval Academy, if he was appointed as a cadet or midshipman after Aug. 24, 1912, prior to repeal by Pub. L. 90–235, §6(a)(2), Jan. 2, 1968, 81 Stat. 761. See section 971 of this title.

A prior section 3683, acts Aug. 10, 1956, ch. 1041, 70A Stat. 210; Aug. 25, 1959, Pub. L. 86–197, §1(4), 73 Stat. 426, related to service credit for certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department, prior to repeal by Pub. L. 99–145, title XIII, §1301(b)(1)(A), Nov. 8, 1985, 99 Stat. 735. Pub. L. 99–145, title XIII, §1301(b)(1)(C), Nov. 8, 1985, 99 Stat. 735, provided that such repeal would not apply in the case of a person who performed active service described in section 3683 of this title as that section was in effect on the day before Nov. 8, 1985.

A prior section 3684 was renumbered section 7252 of this title.

A prior section 3685, acts Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 2, 1958, Pub. L. 85–861, §1(89), 72 Stat. 1482, set forth restrictions on the consideration of a husband or child as the dependent of a female member of the Regular Army, Army National Guard of the United States or Army Reserve, prior to repeal by Pub. L. 90–235, §7(a)(3), Jan. 2, 1968, 81 Stat. 763.

A prior section 3686, acts Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 24, 1980, Pub. L. 96–357, §5(a), 94 Stat. 1182; Oct. 19, 1984, Pub. L. 98–525, title IV, §414(a)(7)(A), 98 Stat. 2519, related to credit to members of Army National Guard of United States for service as members of Army National Guard, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, effective Dec. 1, 1994. See section 12602 of this title.

A prior section 3687, acts Aug. 10, 1956, ch. 1041, 70A Stat. 212; Sept. 2, 1958, Pub. L. 85–861, §1(90), 72 Stat. 1482; Sept. 7, 1962, Pub. L. 87–649, §6(d), 76 Stat. 494, related to compensation for members of Army other than of Regular Army, prior to repeal by Pub. L. 99–661, div. A, title VI, §604(f)(1)(A), (g), Nov. 14, 1986, 100 Stat. 3877, 3878, applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die.

A prior section 3688, act Aug. 10, 1956, ch. 1041, 70A Stat. 212, related to payment of death gratuity to survivors of members of the Army, prior to repeal by Pub. L. 85–861, §36B(10), Sept. 2, 1958, 72 Stat. 1570. See section 1475 et seq. of this title.

A prior section 3689, acts Aug. 10, 1956, ch. 1041, 70A Stat. 213; Sept. 26, 1961, Pub. L. 87–304, §9(c), 75 Stat. 665, related to assignments and allotments of pay, prior to repeal by Pub. L. 87–649, §§14c(9), 15, Sept. 7, 1962, 76 Stat. 501, 502, effective Nov. 1, 1962. See section 701 of Title 37, Pay and Allowances of the Uniformed Services.

A prior section 3690, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, exempted enlisted members of the Army, while on active duty, from arrest for any debt, unless it was contracted before enlistment and amounted to at least $20 when first contracted, prior to repeal by Pub. L. 90–235, §7(b)(1), Jan. 2, 1968, 81 Stat. 763.

Prior section 3691 was renumbered section 7253 of this title.

A prior section 3692, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, provided qualifications to receive a rating as a pilot in time of peace, prior to repeal by Pub. L. 92–168, §1(1), Nov. 24, 1971, 85 Stat. 489. See section 2003 of this title.

A prior section 3693, act Aug. 10, 1956, ch. 1041, 70A Stat. 214, provided for replacement of a lost or destroyed certificate of discharge from Army, prior to repeal by Pub. L. 90–235, §7(a)(3), Jan. 2, 1968, 81 Stat. 763. See section 1041 of this title.

Amendments

2021—Pub. L. 116–283, §1825(k), transferred subsec. (a) of section 2401a of this title to this section and struck out subsec. (a) designation and heading "Leasing of Commercial Vehicles and Equipment" at beginning.

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 8766 (2024) — Title 10: ARMED FORCES / Chapter 875 / Section 8766: Loan or gift of articles to ships' sponsors and donors
Loan or gift of articles to ships' sponsors and donors
Status: in_force

The Secretary of the Navy, under regulations prescribed by him and without expense to the United States, may lend or give—

(1) to the sponsor of a vessel the name plate or any small article of negligible or sentimental value from that vessel; and

(2) to any State, group, or organization named in section 8765 of this title any article, material, or equipment, including silver service, given by it.

(Aug. 10, 1956, ch. 1041, 70A Stat. 466, §7546; renumbered §8766 and amended Pub. L. 115–232, div. A, title VIII, §§807(d)(8), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7546 
34 U.S.C. 546h (less applicability to 34 U.S.C. 546g). 
Aug. 7, 1946, ch. 804, §3 (less applicability to §2), 60 Stat. 898.

The words "the sponsor" are substituted for the words "any individual who sponsored" for brevity. The word "ship" and the word "person" are omitted as surplusage. The words "the loans or gifts described in this section shall be made" are omitted as unnecessary, and the words "under regulations prescribed by him" are substituted for the words "subject to such rules and regulations as may be prescribed by the Secretary of the Navy" for brevity.

Editorial Notes

Amendments

2018—Pub. L. 115–232, §807(d)(8), renumbered section 7546 of this title as this section.

Par. (2). Pub. L. 115–232, §809(a), substituted "section 8765" for "section 7545".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 871 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter IX / Section 871: Repealed. Pub. L. 114-328, div. E, title LVIII, §5302(b)(2), Dec. 23, 2016, 130 Stat. 2923
Repealed. Pub. L. 114-328, div. E, title LVIII, §5302(b)(2), Dec. 23, 2016, 130 Stat. 2923
Status: repealed

[§871. Repealed. Pub. L. 114–328, div. E, title LVIII, §5302(b)(2), Dec. 23, 2016, 130 Stat. 2923]

Section, Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, §2(32), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98–209, §5(e), Dec. 6, 1983, 97 Stat. 1399; Pub. L. 103–337, div. A, title IX, §924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 113–66, div. A, title XVII, §1702(c)(2), Dec. 26, 2013, 127 Stat. 957, related to execution and suspension of various types of sentences.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 20252a (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter IV / Section 20252a: Special selection review boards: reference
Special selection review boards: reference
Status: in_force

Section 628a of this title, relating to the convening of a special selection review board when credible information of an adverse nature was not furnished to a promotion board, applies with respect to persons recommended by a selection board for promotion to a grade at or below the grade of major general in the Space Force.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 653.)
10 U.S.C. § 3132 (2024) — Title 10: ARMED FORCES / Chapter 207 / Section 3132: Availability of appropriations for procurement of technical military equipment and supplies
Availability of appropriations for procurement of technical military equipment and supplies
Status: in_force

Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies remain available until spent.

(Added Pub. L. 97–258, §2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1052, §2394; renumbered §2395 and amended Pub. L. 97–295, §1(28)(A), Oct. 12, 1982, 96 Stat. 1291; renumbered §3132, Pub. L. 116–283, div. A, title XVIII, §1809(c), Jan. 1, 2021, 134 Stat. 4161.)

Historical and Revision Notes
1982 Act (Pub. L. 97–258)

Revised sectionSource (U.S. Code)Source (Statutes at Large)

2394 
31:649c(1). 
Aug. 10, 1956, ch. 1041, §40(1), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92–156, §201(b), 85 Stat. 424.

The words "Unless otherwise provided in the appropriation Act concerned" are omitted as unnecessary and for consistency. The word "Funds" is substituted for "moneys" for consistency in title 10. The word "military" is added before "public" for clarity. The words "including moneys appropriated to the Department of the Navy for the procurement and construction of guided missiles" are omitted as included in "technical military equipment".

1982 Act (Pub. L. 97–295)

Revised sectionSource (U.S. Code)Source (Statutes at Large)

2395 
10:2394. 
Sept. 13, 1982, Pub. L. 97–258, §2(b)(4)(B), 96 Stat. 1053.

This redesignates 10:2394 (enacted by Pub. L. 97–258) as 10:2395 because of the enactment of another 10:2394 by Pub. L. 97–214, §6(a)(1), July 12, 1982, 96 Stat. 171, and amends the section generally to eliminate the words "and the construction of military public works" because of section 10(b)(5) of the Military Construction Codification Act (Pub. L. 97–214, July 12, 1982, 96 Stat. 176) which struck corresponding words from the source statute for 10:2394 subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97–258, section 2(b)(4)(B) of which enacted 10:2394.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2395 of this title as this section.

1982—Pub. L. 97–295 struck out "and the construction of military public works" after "supplies".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7777 (2024) — Title 10: ARMED FORCES / Chapter 779 / Section 7777: Permits: military reservations; landing ferries, erecting bridges, driving livestock
Permits: military reservations; landing ferries, erecting bridges, driving livestock
Status: in_force

Whenever the Secretary of the Army considers that it can be done without injury to the reservation or inconvenience to the military forces stationed there, he may permit—

(1) the landing of ferries at a military reservation;

(2) the erection of bridges on a military reservation; and

(3) the driving of livestock across a military reservation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4777; Pub. L. 96–513, title V, §512(23), Dec. 12, 1980, 94 Stat. 2930; renumbered §7777, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

4777 
10:1348. 
July 5, 1884, ch. 214, §6, 23 Stat. 104.

The words "may permit" are substituted for the words "shall have authority, in his discretion, to permit". The words "to permit the extension of State, county, and Territorial roads across military reservations" are omitted as superseded by section 2668 of this title. In clause (3), the word "livestock" is substituted for the words "cattle, sheep or other stock animals".

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4777 of this title as this section.

1980—Pub. L. 96–513 substituted "reservations" for "reservation" in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 233a (2024) — Title 10: ARMED FORCES / Chapter 9 / Section 233a: Annual report on force structure changes exhibit for the defense budget
Annual report on force structure changes exhibit for the defense budget
Status: in_force

(a) Annual Report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on any major weapon systems proposed to be divested, re-prioritized, or retired in such budget.

(b) Contents.—Each report under subsection (a) shall include the following:

(1) Identification of each major weapon system the Secretary of Defense proposes to divest, re-prioritize, or retire in the period of five fiscal years following the date of the report.

(2) Budget line-item details related to each major weapon system identified under paragraph (1).

(3) For each proposed divestment, re-prioritization, or retirement, an explanation of—

(A) the timeline for the divestment, re-prioritization, or retirement, including any factors that may affect such timelines positively or negatively;

(B) any cost savings associated with the divestment, re-prioritization, or retirement;

(C) the rationale for the divestment, re-prioritization, or retirement, including a qualitative description of the risk associated with the divestment, re-prioritization, or retirement based on the most recent National Defense Strategy (as of the date of the report);

(D) any critical dependencies with other program efforts that might affect the timeline for such divestment, reprioritization, or retirement;

(E) the expected disposition of the weapon system after divestment, re-prioritization or retirement; and

(F) identification of the system or systems that are expected to satisfy the military requirements that were fulfilled by the weapon system once the divestment, re-prioritization, or retirement of that weapon system is completed.

(c) Relationship to Other Reports.—The Secretary of Defense shall ensure that the report required under subsection (a) is deconflicted with the report required under section 222e of this title.

(d) Major Weapon System Defined.—In this section, the term "major weapon system" has the meaning given that term in section 3455(f) of this title.

(Added Pub. L. 118–31, div. A, title I, §151, Dec. 22, 2023, 137 Stat. 179.)
10 U.S.C. § 2196 (2024) — Title 10: ARMED FORCES / Chapter 111 / Section 2196: Renumbered §4843
Renumbered §4843
Status: renumbered

[§2196. Renumbered §4843]

Editorial Notes

Prior Provisions

A prior section 2196, added Pub. L. 101–510, div. A, title II, §247(a)(1), Nov. 5, 1990, 104 Stat. 1523; amended Pub. L. 102–25, title VII, §701(i)(2), Apr. 6, 1991, 105 Stat. 116, defined "defense laboratory", prior to repeal by Pub. L. 102–190, §825(a)(1). See section 2199 of this title.
10 U.S.C. § 20101 (2024) — Title 10: ARMED FORCES / Chapter 2003 / Section 20101: Members in Space Force active status: amount of annual training or active duty service required
Members in Space Force active status: amount of annual training or active duty service required
Status: in_force

Except as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a space force active status who is not serving on sustained duty shall be required to—

(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or

(2) serve on active duty for training for not more than 30 days during each year.

(Added Pub. L. 118–31, div. A, title XVII, §1715, Dec. 22, 2023, 137 Stat. 627.)
10 U.S.C. § 8335 (2024) — Title 10: ARMED FORCES / Chapter 841 / Section 8335: Restoration to former grade: warrant officers and enlisted members
Restoration to former grade: warrant officers and enlisted members
Status: in_force

Each retired warrant officer or enlisted member of the naval service who has been advanced on the retired list to a higher commissioned grade under section 8334 of this title, and who applies to the Secretary of the Navy within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be.

(Added Pub. L. 100–180, div. A, title V, §512(b), Dec. 4, 1987, 101 Stat. 1090, §6335; renumbered §8335 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6335 of this title as this section and substituted "section 8334" for "section 6334".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 7341 (2024) — Title 10: ARMED FORCES / Chapter 743 / Section 7341: General rule
General rule
Status: in_force

(a)(1) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under section 1370 of this title.

(2) The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title.

(b) Unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that the member holds on the date of the member's retirement.

(Aug. 10, 1956, ch. 1041, 70A Stat. 230, §3961; Pub. L. 96–513, title V, §502(18), Dec. 12, 1980, 94 Stat. 2910; Pub. L. 103–337, div. A, title XVI, §1672(c)(2), Oct. 5, 1994, 108 Stat. 3015; Pub. L. 106–398, §1 [[div. A], title V, §506(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered §7341, Pub. L. 115–232, div. A, title VIII, §808(b)(13), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–283, div. A, title V, §508(b)(2), Jan. 1, 2021, 134 Stat. 3585.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

3961 
10:941a(a)(3) (31st through 42d words; and proviso, as applicable to retired grade).
10:941a(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade).

10:947a (last 11 words).

10:1025.

Aug. 7, 1947, ch. 512, §§514(a)(3) (31st through 42d words; and proviso, as applicable to retired grade), 514(e) (17th through 25th words of clause (1); and 1st proviso of clause (1), as applicable to retired grade), 61 Stat. 893, 902.

  
10:1026 (proviso). 
Feb. 14, 1885, ch. 67 (43d through 53d words); restated Sept. 30, 1890, ch. 1125 (43d through 53d words), 26 Stat. 504.

  
 
R.S. 1254.

  
 
June 3, 1916, ch. 134, §4c (proviso); added June 29, 1945, ch. 197 (proviso); restated Aug. 7, 1947, ch. 512, §513(c) (proviso), 61 Stat. 902.

The applicability of the rule stated in the revised section to situations not expressly covered by the laws named in the source credits above is necessarily implied from laws providing for retirement in higher grade in those situations.

Editorial Notes

Prior Provisions

A prior section 7341, act Aug. 10, 1956, ch. 1041, 70A Stat. 453, related to authorized number of naval airplanes and lighter-than-air crafts, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(9), Nov. 30, 1993, 107 Stat. 1708.

Amendments

2021—Subsec. (a). Pub. L. 116–283, §508(b)(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: "The retired grade of a regular commissioned officer of the Army who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Army who retires other than for physical disability, is determined under section 1370 of this title."

Subsec. (b). Pub. L. 116–283, §508(b)(2)(B), substituted "the member" for "he" and "the member's" for "his".

2018—Pub. L. 115–232 renumbered section 3961 of this title as this section.

2000—Subsec. (a). Pub. L. 106–398 struck out "or for nonregular service under chapter 1223 of this title" before ", is determined".

1994—Subsec. (a). Pub. L. 103–337 substituted "chapter 1223" for "chapter 67".

1980—Pub. L. 96–513 added subsec. (a), designated existing provisions as subsec. (b), and inserted "not covered by subsection (a)" after "Regular or Reserve of the Army".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title V, §506(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 8961 of this title] shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a board convened under chapter 36 or 1403 of title 10, United States Code, or having been found qualified for Federal recognition in a higher grade under chapter 3 of title 32, United States Code, after October 1, 1996."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 9682 (2024) — Title 10: ARMED FORCES / Chapter 973 / Section 9682: Obsolete or excess material: sale to National Council of Boy Scouts of America
Obsolete or excess material: sale to National Council of Boy Scouts of America
Status: in_force

Subject to regulations under section 121 of title 40, the Secretary of the Air Force, under such conditions as he may prescribe, may sell obsolete or excess material to the National Council of the Boy Scouts of America. Sales under this section shall be at fair value to the Department of the Air Force, including packing, handling, and transportation.

(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Pub. L. 96–513, title V, §514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107–217, §3(b)(37), Aug. 21, 2002, 116 Stat. 1298.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

9682 
10:1259. 
May 15, 1937, ch. 193, 50 Stat. 167; Oct. 31, 1951, ch. 654, §2(7), 65 Stat. 707.

The words "obsolete or excess material" are substituted for the words "such obsolete material as may not be needed by the Department of the Army, and such other material as may be spared" to conform to the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). The words "in his discretion" are omitted as surplusage.

Editorial Notes

Amendments

2002—Pub. L. 107–217 substituted "section 121 of title 40" for "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)".

1980—Pub. L. 96–513 substituted "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)" for "section 486 of title 40".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 20211 (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter II / Section 20211: Convening of selection boards
Convening of selection boards
Status: in_force

(a) In General.—Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.

(b) Exception for Officers in Grade of First Lieutenant.—Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20239(c)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion.

(c) Selection Boards for Early Retirement or Discharge.—The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title.

(d) Regulations.—The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 634; amended Pub. L. 118–159, div. A, title V, §521(n), Dec. 23, 2024, 138 Stat. 1882.)

Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–159 substituted "20239(c)(4)(A)" for "20238(a)(4)(A)".
10 U.S.C. § 10153 (2024) — Title 10: ARMED FORCES / Chapter 1005 / Section 10153: Standby Reserve: status of members
Standby Reserve: status of members
Status: in_force

While in an inactive status, a Reserve is not eligible for pay or promotion and (as provided in section 12734(a) of this title) does not accrue credit for years of service under chapter 1223 of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2975.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 273(c) of this title, prior to repeal by Pub. L. 103–337, §1661(a)(2)(A).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 9531 (2024) — Title 10: ARMED FORCES / Chapter 963 / Section 9531: Commercial Augmentation Space Reserve.1
Commercial Augmentation Space Reserve.1
Status: in_force

(a) Program.—The Secretary may carry out a program to be known as the "Commercial Augmentation Space Reserve" program. Under the program, the Secretary may include in a contract for the procurement of space products or services one or more provisions under which a qualified contractor agrees to provide additional space products or services to the Department of Defense on an as-needed basis under circumstances determined by the Secretary.

(b) Security Measures.—In carrying out the program under subsection (a), the Secretary—

(1) shall ensure that each contract under, and qualified contractor participating in, the program complies with applicable security measures, including any security measures required under the National Industrial Security program (or any successor to such program); and

(2) may establish and implement such additional security measures as the Secretary determines appropriate to protect the national security interests of the United States.

(c) Commitment of Space Products or Services as a Business Factor.—In determining the quantity of business to be received under a space product or services contract pursuant to subsection (a), the Secretary may use as a factor the relative amount of space product or service committed to the program under subsection (a) by the qualified contractor involved.

(d) Definitions.—In this section:

(1) The term "citizen of the United States" means—

(A) an individual who is a citizen of the United States;

(B) a partnership each of whose partners is an individual who is a citizen of the United States; or

(C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States.

(2) The term "qualified contractor" means a contractor that is a citizen of the United States.

(3) The term "Secretary" means the Secretary of Defense.

(4) The term "space products or services" means commercial products and commercial services (as those terms are defined in section 2.101 of the Federal Acquisition Regulation) and noncommercial products and noncommercial services offered by commercial companies that operate to, through, or from space, including any required terrestrial ground, support, and network systems and associated services that can be used to support military functions and missions.

(Added Pub. L. 118–159, div. A, title XVI, §1602(a), Dec. 23, 2024, 138 Stat. 2158.)

Editorial Notes

Prior Provisions

A prior section 9531, act Aug. 10, 1956, ch. 1041, 70A Stat. 575, authorized Secretary of the Air Force to procure aircraft and equipment and facilities necessary for the maintenance and operation of the Air Force, prior to repeal by Pub. L. 103–160, div. A, title VIII, §823(2), Nov. 30, 1993, 107 Stat. 1707.

1 So in original. The period probably should not appear.
10 U.S.C. § 1602 (2024) — Title 10: ARMED FORCES / Chapter 83 / Subchapter I / Section 1602: Basic pay
Basic pay
Status: in_force

(a) Authority To Fix Rates of Basic Pay.—The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under section 1601 of this title in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation.

(b) Prevailing Rate Systems.—The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title.

(Added Pub. L. 104–201, div. A, title XVI, §1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108–375, div. A, title XI, §1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–364, div. A, title X, §1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.)

Editorial Notes

Prior Provisions

A prior section 1602 was renumbered section 1621 of this title.

Provisions similar to those in this section were contained in sections 1590(b) and (c) and 1604(b)(1) and (c) of this title prior to repeal by Pub. L. 104–201, §§1632(a)(3), 1633(a).

Amendments

2006—Subsec. (a). Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, §1103(a)(1). See 2004 Amendment note below.

2004—Subsec. (a). Pub. L. 108–375, §1103(a)(1), as amended by Pub. L. 109–364, substituted "in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation" for "in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that subpart which have corresponding levels of duties and responsibilities".

Subsecs. (b), (c). Pub. L. 108–375, §1103(a)(2), (3), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: "A rate of basic pay fixed under subsection (a) for a position established under section 1601 of this title may not (except as otherwise provided by law) exceed—

"(1) in the case of a Defense Intelligence Senior Executive Service position, the maximum rate provided in section 5382 of title 5;

"(2) in the case of an Intelligence Senior Level position, the maximum rate provided in section 5382 of title 5; and

"(3) in the case of any other position, the maximum rate provided in section 5306(e) of title 5."

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title X, §1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(12) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.

Effective Date

Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 9278 (2024) — Title 10: ARMED FORCES / Chapter 937 / Section 9278: Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations
Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations
Status: in_force

The Secretary of the Air Force may spend, from any appropriation for contingent expenses of the Department of the Air Force, amounts necessary to provide medals and devices under sections 9271, 9272, 9273, 9274, 9276, 9277, and 9282 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541, §8748; Pub. L. 86–593, §1(5), July 6, 1960, 74 Stat. 332; renumbered §9278 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

8748 
10:1424. 
July 9, 1918, ch. 143 (13th par. under "Ordnance Department"), 40 Stat. 871.

The word "amounts" is substituted for the words "so much as may be". The word "provides" is substituted for the words "defray the cost of". The words "medals and devices under" are substituted for the words "medals of honor, distinguished-service crosses, distinguished-service medals, bars, rosettes, and other devices provided for in". The words "from time to time" are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 8748 of this title as this section and substituted "sections 9271, 9272, 9273, 9274, 9276, 9277, and 9282" for "sections 8741, 8742, 8743, 8744, 8746, 8747, and 8752".

1960—Pub. L. 86–593 inserted "Air Force cross" in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 1165 (2024) — Title 10: ARMED FORCES / Chapter 59 / Section 1165: Regular warrant officers: separation during three-year probationary period
Regular warrant officers: separation during three-year probationary period
Status: in_force

The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within three years after the date when the officer accepted his original permanent appointment as a warrant officer in that component. A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay.

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96–513, title I, §109(b)(1), Dec. 12, 1980, 94 Stat. 2870.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

1165 
10:600d (less last 36 words of last sentence).
34:135d (less last 36 words of last sentence). 

May 29, 1954, ch. 249, §6 (less last 36 words of last sentence), 68 Stat. 159.

The words "in his discretion" are omitted as surplusage. The last 10 words of the last sentence are inserted for clarity.

Editorial Notes

Amendments

1980—Pub. L. 96–513 authorized entitlement, if the regular warrant officer is eligible therefor, to separation pay under section 1174.

Statutory Notes and Related Subsidiaries

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.
10 U.S.C. § 12107 (2024) — Title 10: ARMED FORCES / Chapter 1203 / Section 12107: Army National Guard of United States; Air National Guard of the United States: enlistment in
Army National Guard of United States; Air National Guard of the United States: enlistment in
Status: in_force

(a) Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—

(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be;

(2) subscribe to the oath set forth in section 304 of title 32; and

(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.

(b)(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.

(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.

(c)(1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.

(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.

(Added Pub. L. 103–337, div. A, title XVI, §1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 3261 and 8261 of this title, prior to repeal by Pub. L. 103–337, §1662(b)(3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 8624 (2024) — Title 10: ARMED FORCES / Chapter 861 / Section 8624: Transportation on naval vessels during wartime
Transportation on naval vessels during wartime
Status: in_force

In time of war or during a national emergency declared by the President, such persons as the Secretary of the Navy authorizes by regulation may be transported and subsisted on naval vessels at Government expense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 447, §7224; renumbered §8624, Pub. L. 115–232, div. A, title VIII, §807(d)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7224 
34 U.S.C. 474. 
Aug. 2, 1946, ch. 756, §18, 60 Stat. 855.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7224 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of section 474 of former Title 34, the date July 25, 1947, should be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

The state of war with Japan ended on Apr. 28, 1952, by the coming into effect of the Treaty of Peace with Japan on that date. The state of war with Germany ended on Oct. 19, 1951. See notes preceding section 1 of Title 50, War and National Defense.
10 U.S.C. § 10542 (2024) — Title 10: ARMED FORCES / Chapter 1013 / Section 10542: Repealed. Pub. L. 114-92, div. A, title X, §1073(c)(1), Nov. 25, 2015, 129 Stat. 996
Repealed. Pub. L. 114-92, div. A, title X, §1073(c)(1), Nov. 25, 2015, 129 Stat. 996
Status: repealed

[§10542. Repealed. Pub. L. 114–92, div. A, title X, §1073(c)(1), Nov. 25, 2015, 129 Stat. 996]

Section, added Pub. L. 103–160, div. A, title V, §521(a), Nov. 30, 1993, 107 Stat. 1652, §3082; renumbered §10542 and amended Pub. L. 103–337, div. A, title XVI, §1661(d)(3), Oct. 5, 1994, 108 Stat. 2982; Pub. L. 104–106, div. A, title XV, §1501(b)(8), Feb. 10, 1996, 110 Stat. 496; Pub. L. 104–201, div. A, title X, §1074(a)(21), Sept. 23, 1996, 110 Stat. 2660, related to annual report on Army National Guard combat readiness.