10 U.S.C. § 2924 (2024) — Title 10: ARMED FORCES / Chapter 173 / Subchapter III / Section 2924: Definitions
Definitions
Status: in_force

In this chapter:

(1) The term "defined fuel source" means any of the following:

(A) Petroleum.

(B) Natural gas.

(C) Coal.

(D) Coke.

(2) The term "energy-efficient maintenance" includes—

(A) the repair of military vehicles, equipment, or facility and infrastructure systems, such as lighting, heating, or cooling equipment or systems, or industrial processes, by replacement with technology that—

(i) will achieve energy savings over the life-cycle of the equipment or system being repaired; and

(ii) will meet the same end needs as the equipment or system being repaired; and

(B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in energy savings.

(3) The term "hybrid", with respect to a motor vehicle, means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both—

(A) an internal combustion or heat engine using combustible fuel; and

(B) a rechargeable energy storage system.

(4) The term "operational energy" means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.

(5) The term "petroleum" means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.

(6) The term "renewable energy source" means energy generated from renewable sources, including the following:

(A) Solar, including electricity.

(B) Wind.

(C) Biomass.

(D) Biogas.

(E) Landfill gas.

(F) Ocean, including tidal, wave, current, and thermal.

(G) Geothermal, including electricity and heat pumps.

(H) Municipal solid waste.

(I) New hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. For purposes of this subparagraph, hydroelectric generation capacity is "new" if it was placed in service on or after January 1, 1999.

(J) Thermal energy generated by any of the preceding sources.

(7) The term "biomass" has the meaning given the term "renewable biomass" in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).

(8) The term "biogas" means biogas as such term is used in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).

(Added Pub. L. 112–81, div. B, title XXVIII, §2821(a)(1), Dec. 31, 2011, 125 Stat. 1689; amended Pub. L. 115–91, div. B, title XXVIII, §2831(c)(6), Dec. 12, 2017, 131 Stat. 1858; Pub. L. 117–263, div. A, title III, §318, Dec. 23, 2022, 136 Stat. 2507.)

Editorial Notes

Amendments

2022—Par. (6)(D) to (J). Pub. L. 117–263, §318(1), added subpar. (D) and redesignated former subpars. (D) to (I) as (E) to (J), respectively.

Pars. (7), (8). Pub. L. 117–263, §318(2), added pars. (7) and (8).

2017—Pars. (3) to (7). Pub. L. 115–91 redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined "energy security".
10 U.S.C. § 2004b (2024) — Title 10: ARMED FORCES / Chapter 101 / Section 2004b: Detail of commissioned officers as students at schools of psychology
Detail of commissioned officers as students at schools of psychology
Status: in_force

(a) Detail Authorized.—The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor of Philosophy in clinical psychology. No more than 25 officers from each military department may commence such training in any single fiscal year.

(b) Eligibility for Detail.—To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must—

(1) have served on active duty for a period of not less than two years nor more than six years and be in the pay grade O–3 or below as of the time the training is to begin; and

(2) sign an agreement that unless sooner separated the officer will—

(A) complete the educational course of psychological training;

(B) accept transfer or detail as a commissioned officer within the military department concerned when the officer's training is completed; and

(C) agree to serve, following completion of the officer's training, on active duty (or on active duty and in the Selected Reserve) for a period as specified pursuant to subsection (c).

(c) Service Obligation.—(1) Except as provided in paragraph (2), the agreement of an officer under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officer's training under subsection (a).

(2) The agreement of an officer may authorize the officer to serve a portion of the officer's service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve. Under any such agreement, an officer shall serve three years in the Selected Reserve for each year or part thereof of the officer's training under subsection (a) for any service obligation that was not completed before separation from active duty.

(d) Selection of Officers for Detail.—Officers detailed for training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.

(e) Relation of Service Obligations to Other Service Obligations.—Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the officer under any other provision of law or agreement.

(f) Expenses.—Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned.

(g) Failure to Complete Program.—(1) An officer who is dropped from a program of psychological training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section.

(2) In no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program.

(h) Limitation on Details.—No agreement detailing an officer of the armed forces to an accredited school of psychology may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.

(Added Pub. L. 111–84, div. A, title V, §521(a), Oct. 28, 2009, 123 Stat. 2283; amended Pub. L. 111–383, div. A, title X, §1075(b)(26), Jan. 7, 2011, 124 Stat. 4370.)

Editorial Notes

Amendments

2011—Subsec. (b)(1). Pub. L. 111–383 substituted "pay grade O–3" for "pay grade 0–3".
10 U.S.C. § 2263 (2024) — Title 10: ARMED FORCES / Chapter 134 / Subchapter II / Section 2263: United States contributions to the North Atlantic Treaty Organization common-funded budgets
United States contributions to the North Atlantic Treaty Organization common-funded budgets
Status: in_force

(a) In General.—The total amount contributed by the Secretary of Defense in any fiscal year for the common-funded budgets of NATO may be an amount in excess of the maximum amount that would otherwise be applicable to those contributions in such fiscal year under the fiscal year 1998 baseline limitation.

(b) Definitions.—In this section:

(1) Common-funded budgets of nato.—The term "common-funded budgets of NATO" means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).

(2) Fiscal year 1998 baseline limitation.—The term "fiscal year 1998 baseline limitation" means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.

(Added Pub. L. 110–417, [div. A], title X, §1004(a)(1), Oct. 14, 2008, 122 Stat. 4582; amended Pub. L. 115–91, div. A, title X, §1051(a)(12), Dec. 12, 2017, 131 Stat. 1561.)

Editorial Notes

References in Text

The resolution of ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic approved by the Senate on April 30, 1998, referred to in subsec. (b)(2), was adopted in the 105th Congress and is not classified to the Code. See Cong. Rec., vol. 144, pt. 5, p. 7555, Apr. 30, 1998.

Amendments

2017—Subsecs. (b), (c). Pub. L. 115–91 redesignated subsec. (c) as (b) and struck out former subsec. (b) which required annual reports on contributions to the common-funded budgets of NATO.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–417, [div. A], title X, §1004(b), Oct. 14, 2008, 122 Stat. 4583, provided that: "The amendments made by this section [enacting this section] shall take effect on October 1, 2008, and shall apply to fiscal years that begin on or after that date."
10 U.S.C. § 2721 (2024) — Title 10: ARMED FORCES / Chapter 161 / Section 2721: Property records: maintenance on quantitative and monetary basis
Property records: maintenance on quantitative and monetary basis
Status: in_force

(a) Under regulations prescribed by him, the Secretary of Defense shall have the records of the fixed property, installations, major equipment items, and stored supplies of the military departments maintained on both a quantitative and a monetary basis, so far as practicable.

(b) The regulations prescribed pursuant to subsection (a) shall include a requirement that the records maintained under such subsection—

(1) to the extent practicable, provide up-to-date information on all items in the inventory of the Department of Defense;

(2) indicate whether the inventory of each item is sufficient or excessive in relation to the needs of the Department for that item; and

(3) permit the Secretary of Defense to include in the budget submitted to Congress under section 1105 of title 31 for each fiscal year, information relating to—

(A) the amounts proposed for each appropriation account in such budget for inventory purchases of the Department of Defense; and

(B) the amounts obligated for such inventory purchases out of the corresponding appropriations account for the preceding fiscal year.

(Aug. 10, 1956, ch. 1041, 70A Stat. 152, §2701; renumbered §2721, Pub. L. 99–499, title II, §211(a)(1)(A), Oct. 17, 1986, 100 Stat. 1719; amended Pub. L. 101–510, div. A, title XIII, §1322(a)(12), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102–190, div. A, title III, §347(b), title X, §1061(a)(17)(A), Dec. 5, 1991, 105 Stat. 1347, 1473.)

Historical and Revision Notes

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

2701(a)

 
2701(b) 

5:172i (less last sentence).
5:172i (last sentence). 

July 26, 1947, ch. 343, §410; added Aug. 10, 1949, ch. 412, §11(410), 63 Stat. 590.

In subsection (a), the words "equipment" and "materials" are omitted, since the word "supplies", as defined in section 101(26) of this title, includes equipment and materials. The word "stored" is substituted for the words "held in store by the armed services".

In subsection (b), the words "on property records maintained under this section" are substituted for the word "thereon".

Editorial Notes

Amendments

1991—Pub. L. 102–190, §1061(a)(17)(A), substituted section catchline for one which read "Basis: reports".

Pub. L. 102–190, §347(b), designated existing provisions as subsec. (a) and added subsec. (b).

1990—Pub. L. 101–510 struck out "(a)" before "Under regulations" and struck out subsec. (b) which read as follows: "The Secretary shall report once a year to Congress and the President on property records maintained under this section."

Statutory Notes and Related Subsidiaries

Implementation of 1991 Amendment

Pub. L. 102–190, div. A, title III, §347(c), Dec. 5, 1991, 105 Stat. 1347, provided that: "The Secretary of Defense shall establish the uniform system of valuation described in section 2458(a)(3) of title 10, United States Code (as added by subsection (a)), and prescribe the regulations required by section 2721(b) of such title (as added by subsection (b)), not later than 180 days after the date of the enactment of this Act [Dec. 5, 1991]."

Inventory Investigations

Pub. L. 100–456, div. A, title III, §343, Sept. 29, 1988, 102 Stat. 1961, provided that:

"(a) Undercover Investigations.—(1) Congress finds that the use of undercover investigative techniques by the Department of Defense enhances the ability of the Department of Defense to detect and investigate theft of Government property (including munitions) from the Department of Defense supply system.

"(2) The Secretary of Defense is urged to continue to conduct undercover investigations to detect and investigate thefts referred to in paragraph (1).

"(b) Inventory Security Incident Repository.—The Secretary of Defense shall establish and maintain a centralized computer system for recording and organizing information on theft, fraud, and breach of security and incidents involving the loss of Department of Defense supplies (including munitions)."
10 U.S.C. § 12533 (2024) — Title 10: ARMED FORCES / Chapter 1214 / Section 12533: Termination of program
Termination of program
Status: in_force

(a) In General.—The Secretary shall terminate the insurance program in accordance with this section.

(b) Termination of New Enrollments.—The Secretary may not enroll a member of the Ready Reserve for coverage under the insurance program after November 18, 1997.

(c) Termination of Coverage.—(1) The enrollment under the insurance program of insured members other than insured members described in paragraph (2) is terminated as of November 18, 1997. The enrollment of an insured member described in paragraph (2) is terminated as of the date of the termination of the period of covered service of that member described in that paragraph.

(2) An insured member described in this paragraph is an insured member who on November 18, 1997, is serving on covered service for a period of service, or has been issued an order directing the performance of covered service, that satisfies or would satisfy the entitlement-to-benefits provisions of this chapter.

(d) Termination of Payment of Benefits.—The Secretary may not make any benefit payment under the insurance program after November 18, 1997, other than to an insured member who on that date (1) is serving on an order to covered service, (2) has been issued an order directing performance of covered service, or (3) has served on covered service before that date for which benefits under the program have not been paid to the member.

(e) Termination of Insurance Fund.—The Secretary shall close the Fund not later than 60 days after the date on which the last benefit payment from the Fund is made. Any amount remaining in the Fund when closed shall be covered into the Treasury as miscellaneous receipts.

(Added Pub. L. 105–85, div. A, title V, §512(a), Nov. 18, 1997, 111 Stat. 1729; amended Pub. L. 107–107, div. A, title X, §1048(c)(15), Dec. 28, 2001, 115 Stat. 1226.)

Editorial Notes

Amendments

2001—Subsecs. (b), (c)(1). Pub. L. 107–107, §1048(c)(15)(A), substituted "November 18, 1997." for "the date of the enactment of this section."

Subsecs. (c)(2), (d). Pub. L. 107–107, §1048(c)(15)(B), substituted "November 18, 1997," for "the date of the enactment of this section".
10 U.S.C. § 7017 (2024) — Title 10: ARMED FORCES / Chapter 703 / Section 7017: Secretary of the Army: successors to duties
Secretary of the Army: successors to duties
Status: in_force

If the Secretary of the Army dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 1 of title 5, directs another person to perform those duties or until the absence or disability ceases:

(1) The Under Secretary of the Army.

(2) The Assistant Secretaries of the Army, in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense.

(3) The General Counsel of the Department of the Army.

(4) The Chief of Staff.

(Aug. 10, 1956, ch. 1041, 70A Stat. 159, §3017; Pub. L. 89–718, §23, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 90–235, §4(a)(7), Jan. 2, 1968, 81 Stat. 759; Pub. L. 99–433, title V, §501(a)(6), Oct. 1, 1986, 100 Stat. 1038; Pub. L. 103–337, div. A, title IX, §902(a), Oct. 5, 1994, 108 Stat. 2823; renumbered §7017, Pub. L. 115–232, div. A, title VIII, §808(a), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes

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

3017(a)
3017(b) 

5:181–5(b).
5:181–5(c). 

June 28, 1950, ch. 383, §102 (less (a)), 64 Stat. 265.

In subsection (a), the word "person" is substituted for the words "officer of the United States". The words "until a successor is appointed" are omitted as surplusage.

Subsection (b) is substituted for 5:181–5(c) and states the effect of section 3544(b) of this title.

Editorial Notes

References in Text

Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provisions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Government Organization and Employees.

Amendments

2018—Pub. L. 115–232 renumbered section 3017 of this title as this section.

1994—Pars. (3), (4). Pub. L. 103–337 added par. (3) and redesignated former par. (3) as (4).

1986—Pub. L. 99–433 struck out subsec. (a) designation, substituted ", in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense" for "in order of their length of service as such" in par. (2), and struck out subsec. (b) which read as follows: "Performance of the duties of the Secretary by the Chief of Staff or any officer of the Army designated under section 3347 of title 5 shall not be considered as the holding of a civil office within the meaning of section 973(b) of this title."

1968—Subsec. (b). Pub. L. 90–235 substituted "section 973(b) of this title" for "section 3544(b) of this title".

1966—Pub. L. 89–718 substituted "section 3347 of title 5" for "section 6 of title 5" wherever appearing.

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.

Executive Documents

Order of Succession

For order of succession in event of death, permanent disability, or resignation of Secretary of the Army, see Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, listed in a table under section 3345 of Title 5, Government Organization and Employees.

1 See References in Text note below.
10 U.S.C. § 9021a (2024) — Title 10: ARMED FORCES / Chapter 903 / Section 9021a: Air Force Reserve Forces Policy Committee
Air Force Reserve Forces Policy Committee
Status: in_force

There is in the Office of the Secretary of the Air Force an Air Force Reserve Forces Policy Committee. The functions, membership, and organization of that committee are set forth in section 10305 of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1661(b)(4)(B), Oct. 5, 1994, 108 Stat. 2982, §8021; renumbered §9021, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833; renumbered §9021a, Pub. L. 116–92, div. A, title IX, §954(a)(1), Dec. 20, 2019, 133 Stat. 1564.)

Editorial Notes

Amendments

2019—Pub. L. 116–92 renumbered section 9021 of this title as this section.

2018—Pub. L. 115–232 renumbered section 8021 of this title as section 9021 of this title.

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

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. § 1580 (2024) — Title 10: ARMED FORCES / Chapter 81 / Section 1580: Emergency essential employees: designation
Emergency essential employees: designation
Status: in_force

(a) Criteria for Designation.—The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:

(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.

(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.

(3) It is impracticable to convert the employee's position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.

(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).

(c) Definitions.—In this section:

(1) The term "combat zone" has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

(2) The term "nonappropriated fund instrumentality employee" has the meaning given that term in section 1587(a)(1) of this title.

(Added Pub. L. 106–65, div. A, title XI, §1103(b)(1), Oct. 5, 1999, 113 Stat. 776.)

Editorial Notes

References in Text

Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 1580, added Pub. L. 87–651, title II, §206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 663.
10 U.S.C. § 14512 (2024) — Title 10: ARMED FORCES / Chapter 1407 / Section 14512: Separation at age 66: officers holding certain offices
Separation at age 66: officers holding certain offices
Status: in_force

(a) Army and Air Force.—(1) Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, a reserve officer of the Army or Air Force who is specified in paragraph (2) shall on the last day of the month in which the officer becomes 66 years of age, be separated in accordance with section 14515 of this title.

(2) Paragraph (1) applies to a reserve officer of the Army or Air Force who is any of the following:

(A) The Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air National Guard.

(B) An adjutant general.

(C) If a reserve officer of the Army, the commanding general of the troops of a State.

(b) Navy and Marine Corps.—(1) The Secretary of the Navy may defer the retirement under section 14510 or 14511 of a reserve officer of the Navy in a grade above captain or a reserve officer of the Marine Corps in a grade above colonel and retain the officer in an active status until the officer becomes 66 years of age. Not more than 10 officers may be so deferred at any one time, distributed between the Navy Reserve and the Marine Corps Reserve as the Secretary determines.

(2) The Secretary of Defense may defer the retirement of a reserve officer serving in the position of Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. A deferment under this paragraph shall not count toward the limitation on the total number of officers whose retirement may be deferred at any one time under paragraph (1).

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 109–163, div. A, title V, §§511, 515(b)(1)(UU), Jan. 6, 2006, 119 Stat. 3231, 3234; Pub. L. 109–364, div. A, title V, §503(d), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title XVIII, §1825(b), Jan. 28, 2008, 122 Stat. 502.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 3845, 6391(b), and 8845 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(3), (b)(3), (c)(3).

Amendments

2008—Subsec. (a)(2). Pub. L. 110–181, §1825(b)(1), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: "The Chief of the National Guard Bureau."

Subsec. (b). Pub. L. 110–181, §1825(b)(2), designated existing provisions as par. (1) and added par. (2).

2006—Pub. L. 109–364, §503(d)(2), substituted "66" for "64" in section catchline.

Subsec. (a). Pub. L. 109–163, §511, designated existing provisions as par. (1), substituted "who is specified in paragraph (2)" for "who is Chief of the National Guard Bureau, an adjutant general, or if a reserve officer of the Army, commanding general of the troops of a State,", and added par. (2).

Subsec. (a)(1). Pub. L. 109–364, §503(d)(1), substituted "66" for "64".

Subsec. (b). Pub. L. 109–364, §503(d)(1), substituted "66" for "64".

Pub. L. 109–163, §515(b)(1)(UU), substituted "Navy Reserve" for "Naval Reserve".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 8594 (2024) — Title 10: ARMED FORCES / Chapter 859 / Section 8594: Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes
Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes
Status: in_force

(a) Acceptance of Research Grants.—The Secretary of the Navy may authorize the President of the Marine Corps University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose.

(b) Qualifying Grants.—A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.

(c) Entities From Which Grants May Be Accepted.—A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(d) Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The President of the Marine Corps University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Marine Corps University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants.

(f) Regulations.—The Secretary shall prescribe regulations for the administration of this section.

(Added Pub. L. 109–163, div. A, title V, §522(d)(1), Jan. 6, 2006, 119 Stat. 3242, §7104; renumbered §8594, Pub. L. 115–232, div. A, title VIII, §807(c)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7104 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. § 2327 (2024) — Title 10: ARMED FORCES / Chapter 137 / Section 2327: Renumbered §4871
Renumbered §4871
Status: renumbered

[§2327. Renumbered §4871]

Editorial Notes

Prior Provisions

A prior section 2327 was renumbered section 2347 of this title.
10 U.S.C. § 1613 (2024) — Title 10: ARMED FORCES / Chapter 83 / Subchapter I / Section 1613: Miscellaneous provisions
Miscellaneous provisions
Status: in_force

(a) Collective Bargaining Agreements.—Nothing in sections 1601 through 1603 and 1606 through 1610 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an agency or office that is a successor to an agency or office covered by the agreement before the succession.

(b) Notice to Congress of Regulations.—The Secretary of Defense shall notify Congress of any regulations prescribed to carry out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the congressional oversight committees not less than 60 days before such regulations take effect.

(Added Pub. L. 104–201, div. A, title XVI, §1632(d), Sept. 23, 1996, 110 Stat. 2750; amended Pub. L. 105–85, div. A, title X, §1073(a)(32), Nov. 18, 1997, 111 Stat. 1902.)

Editorial Notes

Amendments

1997—Subsec. (a). Pub. L. 105–85 substituted "1603" for "1604".

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. § 8704 (2024) — Title 10: ARMED FORCES / Chapter 865 / Section 8704: Disposition of receipts
Disposition of receipts
Status: in_force

Amounts received under this chapter shall be credited to appropriations for maintaining naval salvage facilities. However, any amount received under this chapter in any fiscal year in excess of naval salvage costs incurred by the Navy during that fiscal year shall be deposited into the general fund of the Treasury.

(Added Pub. L. 104–106, div. A, title X, §1015, Feb. 10, 1996, 110 Stat. 425, §7364; renumbered §8704, Pub. L. 115–232, div. A, title VIII, §807(d)(3), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7364 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. § 9341 (2024) — Title 10: ARMED FORCES / Chapter 943 / Section 9341: General rule
General rule
Status: in_force

(a)(1) The retired grade of a regular commissioned officer of the Air Force 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 Air Force 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 Air Force 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.

(c) Space Force.—(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer.

(2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554, §8961; Pub. L. 96–513, title V, §504(19), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 103–337, div. A, title XVI, §1674(c)(2), Oct. 5, 1994, 108 Stat. 3016; Pub. L. 106–398, §1 [[div. A], title V, §506(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; renumbered §9341, Pub. L. 115–232, div. A, title VIII, §806(b)(14), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title V, §508(b)(4), Jan. 1, 2021, 134 Stat. 3585; Pub. L. 118–31, div. A, title XVII, §1719A(b)(2), Dec. 22, 2023, 137 Stat. 664.)

Historical and Revision Notes

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

8961 
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). 

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. 902, 905.

  
10:1025. 
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.

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

Prior sections 9341 and 9341a were renumbered sections 9441 and 9441a of this title, respectively.

Amendments

2023—Subsec. (a). Pub. L. 118–31, §1719A(b)(2)(A), struck out "or the Space Force" after "Air Force" in pars. (1) and (2).

Subsec. (b). Pub. L. 118–31, §1719A(b)(2)(B), struck out "or a Regular or Reserve of the Space Force" after "Air Force".

Subsec. (c). Pub. L. 118–31, §1719A(b)(2)(C), added subsec. (c).

2021—Subsec. (a). Pub. L. 116–283, §508(b)(4)(A), added subsec. (a) and struck out former subsec. (a) which read as follows: "The retired grade of a regular commissioned officer of the Air Force who retires other than for physical disability, and the retired grade of a reserve commissioned officer of the Air Force who retires other than for physical disability, is determined under section 1370 of this title."

Subsec. (b). Pub. L. 116–283, §508(b)(4)(B), inserted "or a Regular or Reserve of the Space Force" after "Air Force" and substituted "the member" for "he" and "the member's" for "his".

2018—Pub. L. 115–232 renumbered section 8961 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 "a Regular or Reserve of the Air Force".

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

Amendment by Pub. L. 106–398 applicable 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 this title, or having been found qualified for Federal recognition in a higher grade under chapter 3 of Title 32, National Guard, after Oct. 1, 1996, see section 1 [[div. A], title V, §506(c)] of Pub. L. 106–398, set out as a note under section 7341 of this title.

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. § 9414a (2024) — Title 10: ARMED FORCES / Chapter 951 / Section 9414a: United States Air Force Institute of Technology: admission of certain private sector civilians
United States Air Force Institute of Technology: admission of certain private sector civilians
Status: in_force

(a) Admission Authorized.—(1) The Secretary of the Air Force may permit a covered private sector employee to receive instruction at the United States Air Force Institute of Technology in accordance with this section. A covered private sector employee may be enrolled in, and may be provided instruction in, a program leading to a graduate degree or professional continuing education certificate in a defense-focused or homeland security-focused curriculum related to aeronautics and astronautics, electrical and computer engineering, engineering physics, mathematics and statistics, operational sciences, or systems and engineering management.

(2) No more than 125 covered private sector employees may be enrolled at the United States Air Force Institute of Technology at any one time under the authority of paragraph (1).

(3) Upon successful completion of the course of instruction at the United States Air Force Institute of Technology in which a covered private sector employee is enrolled, the covered private sector employee may be awarded an appropriate degree under section 9414 of this title or an appropriate professional continuing education certificate, as applicable.

(b) Covered Private Sector Employee Defined.—(1) In this section, the term "covered private sector employee" means—

(A) an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services; or

(B) an individual employed by a private firm in one of the critical infrastructure sectors identified in Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience).

(2) A covered private sector employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as the person remains employed by the same firm.

(c) Annual Determination by the Secretary of the Air Force.—A covered private sector employee may receive instruction at the United States Air Force Institute of Technology during any academic year only if, before the start of that academic year, the Secretary of the Air Force, or the designee of the Secretary, determines that providing instruction to covered private sector employees under this section during that year—

(1) will further the military mission of the United States Air Force Institute of Technology; and

(2) will not require an increase in the permanently authorized size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.

(d) Program Requirements.—The Secretary of the Air Force shall ensure that—

(1) the curriculum in which a covered private sector employee may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and defense or homeland security contractors working in close cooperation; and

(2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the Department of Defense or the Department of Homeland Security, as applicable.

(e) Tuition.—(1) The United States Air Force Institute of Technology shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Air Force.

(2) Amounts received by the United States Air Force Institute of Technology for instruction of students enrolled under this section shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school.

(f) Standards of Conduct.—While receiving instruction at the United States Air Force Institute of Technology, covered private sector employees enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.

(Added Pub. L. 111–383, div. A, title V, §593(a), Jan. 7, 2011, 124 Stat. 4232, §9314a; amended Pub. L. 112–239, div. A, title V, §589(b), Jan. 2, 2013, 126 Stat. 1769; Pub. L. 114–92, div. A, title V, §558, title X, §1081(a)(13), Nov. 25, 2015, 129 Stat. 827, 1001; Pub. L. 115–91, div. A, title V, §581(a)–(d)(1), Dec. 12, 2017, 131 Stat. 1414, 1415; renumbered §9414a and amended Pub. L. 115–232, div. A, title VIII, §§806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Editorial Notes

Amendments

2018—Pub. L. 115–232, §806(a)(3), renumbered section 9314a of this title as this section.

Subsec. (a)(3). Pub. L. 115–232, §809(a), substituted "section 9414" for "section 9314".

2017—Pub. L. 115–91, §581(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "United States Air Force Institute of Technology: admission of defense industry civilians".

Subsec. (a)(1). Pub. L. 115–91, §581(b)(1)(A), (c)(1), substituted "a covered private sector employee" for "defense industry employees described in subsection (b)", "A covered private sector employee" for "Any such defense industry employee", and "a defense-focused or homeland security-focused" for "a defense focused".

Subsec. (a)(2). Pub. L. 115–91, §581(b)(1)(B), substituted "covered private sector employees" for "defense industry employees".

Subsec. (a)(3). Pub. L. 115–91, §581(b)(1)(C), substituted "covered private sector employee" for "defense industry employee" in two places.

Subsec. (b). Pub. L. 115–91, §581(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "For purposes of this section, an eligible defense industry employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as that person remains employed by the same firm."

Subsec. (c). Pub. L. 115–91, §581(b)(2), in introductory provisions, substituted "A covered private sector employee" for "Defense industry employees" and "covered private sector employees" for "defense industry employees".

Subsec. (d)(1). Pub. L. 115–91, §581 (b)(3), (c)(2)(A), substituted "a covered private sector employee" for "defense industry employees" and inserted "or homeland security" after "and defense".

Subsec. (d)(2). Pub. L. 115–91, §581(c)(2)(B), inserted "or the Department of Homeland Security, as applicable" before period at end.

Subsec. (f). Pub. L. 115–91, §581(b)(4), substituted "covered private sector employees" for "defense industry employees".

2015—Subsec. (b). Pub. L. 114–92, §1081(a)(13), substituted "only so long as" for "only so long at".

Subsec. (c)(2). Pub. L. 114–92, §558, substituted "will not require an increase in the permanently authorized size of the faculty" for "will be done on a space-available basis and not require an increase in the size of the faculty".

2013—Subsec. (a)(1). Pub. L. 112–239, §589(b)(1), inserted "or professional continuing education certificate" after "graduate degree".

Subsec. (a)(3). Pub. L. 112–239, §589(b)(2), inserted "or an appropriate professional continuing education certificate, as applicable" before period at end.

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. § 8547 (2024) — Title 10: ARMED FORCES / Chapter 855 / Section 8547: Students at institutions of higher education: admission
Students at institutions of higher education: admission
Status: in_force

(a) Admission Pursuant to Reciprocal Agreement.—The Secretary of the Navy may enter into an agreement with an accredited institution of higher education to permit a student described in subsection (b) enrolled at that institution to receive instruction at the Naval Postgraduate School on a tuition-free basis. In exchange for the admission of the student, the institution of higher education shall be required to permit an officer of the armed forces to attend on a tuition-free basis courses offered by that institution corresponding in length to the instruction provided to the student at the Naval Postgraduate School.

(b) Eligible Students.—A student enrolled at an institution of higher education that is party to an agreement under subsection (a) may be admitted to the Naval Postgraduate School pursuant to that agreement if—

(1) the student is a citizen of the United States or lawfully admitted for permanent residence in the United States; and

(2) the Secretary of the Navy determines that the student has a demonstrated ability in a field of study designated by the Secretary as related to naval warfare and national security.

(Added Pub. L. 102–484, div. A, title X, §1073(a)(2), Oct. 23, 1992, 106 Stat. 2510, §7047; renumbered §8547, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Prior Provisions

A prior section 8547 was renumbered section 9217 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 7047 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. § 2366a (2024) — Title 10: ARMED FORCES / Chapter 139 / Section 2366a: Renumbered §4251
Renumbered §4251
Status: renumbered

[§2366a. Renumbered §4251]

Editorial Notes

Prior Provisions

A prior section 2366a was renumbered section 4252 of this title.
10 U.S.C. § 1252 (2024) — Title 10: ARMED FORCES / Chapter 63 / Section 1252: Age 64: permanent professors at academies
Age 64: permanent professors at academies
Status: in_force

(a) Mandatory Retirement for Age.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force covered by subsection (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.

(b) Covered Officers.—This section applies to the following officers:

(1) An officer who is a permanent professor or the director of admissions of the United States Military Academy.

(2) An officer who is a permanent professor at the United States Naval Academy.

(3) An officer who is a permanent professor or the registrar of the United States Air Force Academy.

(Added Pub. L. 109–163, div. A, title V, §509(c)(1), Jan. 6, 2006, 119 Stat. 3230; amended Pub. L. 116–283, div. A, title IX, §924(b)(3)(U), Jan. 1, 2021, 134 Stat. 3821.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "Marine Corps, or Space Force" for "or Marine Corps".
10 U.S.C. § 8017 (2024) — Title 10: ARMED FORCES / Chapter 803 / Section 8017: Secretary of the Navy: successors to duties
Secretary of the Navy: successors to duties
Status: in_force

If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 1 of title 5, directs another person to perform those duties or until the absence or disability ceases:

(1) The Under Secretary of the Navy.

(2) The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the Secretary of Defense.

(3) The General Counsel of the Department of the Navy.

(4) The Chief of Naval Operations.

(5) The Commandant of the Marine Corps.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5017; amended Pub. L. 103–337, div. A, title IX, §902(b), Oct. 5, 1994, 108 Stat. 2823; renumbered §8017, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Editorial Notes

References in Text

Section 3347 of title 5, referred to in text, was repealed and a new section 3347 was enacted by Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–611, and, as so enacted, no longer contains provisions authorizing the President to direct temporary successors to duties. See section 3345 of Title 5, Government Organization and Employees.

Prior Provisions

Provisions similar to those in this section were contained in section 5036 of this title prior to enactment of Pub. L. 99–433.

A prior section 8017 was renumbered section 9017 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 5017 of this title as this section.

1994—Pars. (3) to (5). Pub. L. 103–337 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

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.

Order of Succession

For order of succession in event of death, permanent disability, or resignation of Secretary of the Navy, see Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, listed in a table under section 3345 of Title 5, Government Organization and Employees.

1 See References in Text note below.
10 U.S.C. § 4026 (2024) — Title 10: ARMED FORCES / Chapter 301 / Subchapter II / Section 4026: Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980
Cooperative research and development agreements under Stevenson-Wydler Technology Innovation Act of 1980
Status: in_force

The Secretary of Defense, in carrying out research projects through the Defense Advanced Research Projects Agency, and the Secretary of each military department, in carrying out research projects, may permit the director of any federally funded research and development center to enter into cooperative research and development agreements with any person, any agency or instrumentality of the United States, any unit of State or local government, and any other entity under the authority granted by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). Technology may be transferred to a non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).

(Added and amended Pub. L. 104–201, div. A, title II, §267(c)(1)(A), (B), Sept. 23, 1996, 110 Stat. 2468, §2371a; Pub. L. 105–85, div. A, title X, §1073(a)(50), Nov. 18, 1997, 111 Stat. 1903; renumbered §4026 and amended Pub. L. 116–283, div. A, title XVIII, §§1841(b)(1), 1844(b)(1), Jan. 1, 2021, 134 Stat. 4243, 4245; Pub. L. 117–81, div. A, title XVII, §1701(u)(2)(B), (5)(B), Dec. 27, 2021, 135 Stat. 2151, 2154.)

Editorial Notes

Codification

The text of section 2371(i) of this title, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 104–201, §267(c)(1)(A), (B), was based on Pub. L. 103–355, title I, §1301(b), Oct. 13, 1994, 108 Stat. 3286.

Amendments

2021—Pub. L. 116–283, §1844(b)(1), which directed the renumbering of section 2371a of this title as section 4143 instead of this section, was repealed, and a new section 1844(b) was enacted, by Pub. L. 117–81, §1701(u)(5)(D), effective as if included therein, so that such renumbering was no longer directed.

Pub. L. 116–283, §1841(b)(1), as amended by Pub. L. 117–81, §1701(u)(2)(B), renumbered section 2371a of this title as this section.

1997—Pub. L. 105–85 inserted "Defense" before "Advanced Research Projects Agency".

1996—Pub. L. 104–201 transferred section 2371(i) of this title to this section, added section catchline, and struck out subsec. (i) designation and heading which read as follows: "Cooperative Research and Development Agreements Under Stevenson-Wydler Technology Innovation Act of 1980". See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

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. § 7024 (2024) — Title 10: ARMED FORCES / Chapter 703 / Section 7024: Director of Small Business Programs
Director of Small Business Programs
Status: in_force

(a) Director.—There is a Director of Small Business Programs in the Department of the Army. The Director is appointed by the Secretary of the Army.

(b) Office of Small Business Programs.—The Office of Small Business Programs of the Department of the Army is the office that is established within the Department of the Army under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

(c) Duties and Powers.—(1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Army, and shall exercise such powers regarding those programs, as the Secretary of the Army may prescribe.

(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.

(Added Pub. L. 109–163, div. A, title IX, §904(c)(1), Jan. 6, 2006, 119 Stat. 3400, §3024; renumbered §7024, Pub. L. 115–232, div. A, title VIII, §808(a), Aug. 13, 2018, 132 Stat. 1838.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 3024 of this title as this section.

Statutory Notes and Related Subsidiaries

Change of Name

The Director of Small and Disadvantaged Business Utilization of the Department of the Army and the Office of Small and Disadvantaged Business Utilization of the Department of the Army were redesignated the Director of Small Business Programs of the Department of the Army and the Office of Small Business Programs of the Department of the Army, respectively, by Pub. L. 109–163, which also provided that references to the former were deemed to refer to the latter. See section 904(a) of Pub. L. 109–163, set out as a note under section 144 of this title.

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. § 7414 (2024) — Title 10: ARMED FORCES / Chapter 751 / Section 7414: Degree granting authority for United States Army Command and General Staff College
Degree granting authority for United States Army Command and General Staff College
Status: in_force

(a) Authority.—Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the United States Army Command and General Staff College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(c) Congressional Notification Requirements.—(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Command and General Staff College to award any new or existing degree.

(Added Pub. L. 93–365, title VII, §708(a)(1), Aug. 5, 1974, 88 Stat. 407, §4314; amended Pub. L. 96–513, title V, §512(11), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 101–510, div. A, title XIII, §1322(a)(13), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 110–417, [div. A], title V, §543(c)(1), Oct. 14, 2008, 122 Stat. 4458; renumbered §7414, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4314 of this title as this section.

2008—Pub. L. 110–417 amended section generally. Prior to amendment, text read as follows: "Under regulations prescribed by the Secretary of the Army, and with the approval of a nationally recognized civilian accrediting association approved by the Secretary of Education, the Commandant of the United States Army Command and General Staff College may upon recommendation by the faculty confer the degree of master of military art and science upon graduates of the college who have fulfilled the following degree requirements: a minimum of thirty semester hours of graduate credit, including a masters thesis of six to eight semester hours, and a demonstration of competence in the discipline of military art and science as evidenced by satisfactory performance on a general comprehensive examination. These requirements may be altered only with the approval of such association."

1990—Pub. L. 101–510 struck out at end "The Secretary of the Army shall report annually to the Committees on Armed Services of the Senate and House of Representatives the following information: (1) the criteria which must be met to entitle a student to award of the degree, (2) whether such criteria have changed in any respect during the reporting year, (3) the number of students in the most recent resident course graduating class, (4) the number of such students who were enrolled in the master of military art and science program, and (5) the number of students successfully completing the master of military art and science program."

1980—Pub. L. 96–513 substituted "Secretary of Education" for "Commissioner of Education, Department of Health, Education, and Welfare".

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 2008 Amendment

Amendment by Pub. L. 110–417 applicable to any degree granting authority established, modified, or redesignated on or after Oct. 14, 2008, for an institution of professional military education referred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 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.

Retroactive Degree Conferral; Maximum Amount

Pub. L. 93–365, title VII, §708(b), Aug. 5, 1974, 88 Stat. 407, provided that: "The Commandant of the United States Army Command and General Staff College may confer the degree of master of military art and science upon graduates of the college who have completed the requirements for that degree since 1964 but prior to the enactment of this Act [Aug. 5, 1974]; but the number of such degrees awarded for such period may not exceed two hundred."
10 U.S.C. § 1440 (2024) — Title 10: ARMED FORCES / Chapter 73 / Subchapter I / Section 1440: Annuities not subject to legal process
Annuities not subject to legal process
Status: in_force

Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this subchapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process.

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 98–525, title VI, §642(a)(2), Oct. 19, 1984, 98 Stat. 2546; Pub. L. 99–145, title XIII, §1303(a)(10), Nov. 8, 1985, 99 Stat. 739.)

Historical and Revision Notes

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

1440 
37:378. 
Aug. 8, 1953, ch. 393, §9, 67 Stat. 504.

The words "either in law or equity" are omitted as surplusage.

Editorial Notes

Amendments

1985—Pub. L. 99–145 substituted "1437(c)(3)(B)" for "1437(c)(3)".

1984—Pub. L. 98–525 substituted "Except as provided in section 1437(c)(3) of this title, no" for "No".

1972—Pub. L. 92–425 substituted "subchapter" for "chapter".
10 U.S.C. § 5513 (2024) — Title 10: ARMED FORCES / Chapter 551 / Subchapter II / Section 5513: Unfunded priorities of the missile defense agency:1 annual report
Unfunded priorities of the missile defense agency:1 annual report
Status: in_force

(a) Reports.—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 Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.

(b) Elements.—

(1) In general.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

(C) Account information with respect to such priority, including the following (as applicable):

(i) Line Item Number (LIN) for applicable procurement accounts.

(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.

(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.

(2) Prioritization of priorities.—Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.

(c) Unfunded Priority Defined.—In this section, the term "unfunded priority", in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—

(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;

(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.

(Added Pub. L. 118–159, div. A, title XVI, §1649(a), Dec. 23, 2024, 138 Stat. 2190.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 222b of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, §1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.

1 So in original. Probably should be capitalized as "Missile Defense Agency:".
10 U.S.C. § 1796 (2024) — Title 10: ARMED FORCES / Chapter 88 / Subchapter II / Section 1796: Subsidies for family home day care
Subsidies for family home day care
Status: in_force

The Secretary of Defense may use appropriated funds available for military child care purposes to provide assistance to family home day care providers so that family home day care services can be provided to members of the armed forces at a cost comparable to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of such assistance.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)

Statutory Notes and Related Subsidiaries

Priority for Certain Military Family Housing to a Member of the Armed Forces Whose Spouse Agrees To Provide Family Home Day Care Services

Pub. L. 116–283, div. A, title VI, §627, Jan. 1, 2021, 134 Stat. 3678, provided that:

"(a) Priority.—If the Secretary of a military department determines that not enough child care employees are employed at a military child development center on a military installation under the jurisdiction of that Secretary to adequately care for the children of members of the Armed Forces stationed at that military installation, the Secretary, to the extent practicable, may give priority for covered military family housing to a member whose spouse is an eligible military spouse.

"(b) Number of Priority Positions.—A Secretary of a military department may grant priority under subsection (a) only to the minimum number of eligible military spouses that the Secretary determines necessary to provide adequate child care to the children of members stationed at a military installation described in subsection (a).

"(c) Limitation.—Nothing in this section may be construed to require the Secretary of a military department to provide covered military family housing that has been adapted for disabled individuals to a member under this section instead of to a member with one more dependents enrolled in the Exceptional Family Member Program.

"(d) Result of Failure To Provide Family Home Day Care Services or Loss of Eligibility.—The Secretary of the military department concerned may remove a household provided covered military family housing under this section therefrom if the Secretary determines the spouse of that member has failed to abide by an agreement described in subsection (e)(3) or has ceased to be an eligible military spouse. Such removal may not occur sooner than 60 days after the date of such determination.

"(e) Definitions.—In this section:

"(1) The terms 'child care employee', 'family home day care', and 'military child development center' have the meanings given those terms in section 1800 of title 10, United States Code.

"(2) The term 'covered military family housing' means military family housing—

"(A) located on a military installation described in subsection (a); and

"(B) that the Secretary of the military department concerned determines is large enough to provide family home day care services to no fewer than six children (not including children in the household of the eligible military spouse).

"(3) The term 'eligible military spouse' means a military spouse who—

"(A) is eligible for military family housing;

"(B) is eligible to provide family home day care services;

"(C) has provided family home day care services for at least one year; and

"(D) agrees in writing to provide family home day care services in covered military family housing for a period not shorter than one year."
10 U.S.C. § 8328 (2024) — Title 10: ARMED FORCES / Chapter 841 / Section 8328: Computation of years of service: voluntary retirement
Computation of years of service: voluntary retirement
Status: in_force

(a) Enlisted Members.—Time required to be made up under section 972(a) of this title after February 10, 1996, may not be counted in computing years of service under this chapter.

(b) Officers.—Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this chapter any time identified with respect to that officer under that section.

(c) Time Spent in Seaman to Admiral Program.—The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after October 28, 2009, shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.

(Added Pub. L. 104–106, div. A, title V, §561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, §6328; amended Pub. L. 107–107, div. A, title X, §1048(c)(13), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 111–84, div. A, title V, §505, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 113–291, div. A, title X, §1071(e)(5), Dec. 19, 2014, 128 Stat. 3510; renumbered §8328, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6328 of this title as this section.

2014—Subsec. (c). Pub. L. 113–291 substituted "on or after October 28, 2009," for "on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010".

2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).

2001—Subsec. (a). Pub. L. 107–107 substituted "February 10, 1996," for "the date of the enactment of 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.

Effective Date

Section effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 972 of this title.
10 U.S.C. § 2349 (2024) — Title 10: ARMED FORCES / Chapter 138 / Subchapter I / Section 2349: Overseas Workload Program
Overseas Workload Program
Status: in_force

(a) In General.—A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of Defense located outside the United States to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program.

(b) Site of Performance.—A contract awarded to a firm described in subsection (a) may be performed in the theater in which the equipment is normally located or in the country in which the firm is located.

(c) Exceptions.—The Secretary of a military department may restrict the geographic region in which a contract referred to in subsection (a) may be performed if the Secretary determines that performance of the contract outside that specific region—

(1) could adversely affect the military preparedness of the armed forces; or

(2) would violate the terms of an international agreement to which the United States is a party.

(d) Definition.—In this section, the term "major non-NATO ally" has the meaning given that term in section 2350a(i)(2) of this title.

(Added Pub. L. 103–160, div. A, title XIV, §1431(a)(1), Nov. 30, 1993, 107 Stat. 1832; amended Pub. L. 108–375, div. A, title X, §1084(d)(18), Oct. 28, 2004, 118 Stat. 2062.)

Editorial Notes

Prior Provisions

A prior section 2349, added Pub. L. 96–323, §2(a), Aug. 4, 1980, 94 Stat. 1018, §2330; renumbered §2349, Pub. L. 99–145, title XIII, §1304(a)(3), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101–189, div. A, title IX, §931(e)(1), Nov. 29, 1989, 103 Stat. 1535, directed Secretary of Defense to submit a report to Congress annually relating to agreements under this chapter, prior to repeal by Pub. L. 101–510, §1301(11).

Provisions similar to those in this section were contained in Pub. L. 101–510, div. A, title XIV, §1465, Nov. 5, 1990, 104 Stat. 1700, as amended, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 103–160, §1431(b)(1). Other prior similar provisions, formerly set out under section 2341 of this title, were contained in the following authorization or appropriation acts:

Pub. L. 102–396, title IX, §9130, Oct. 6, 1992, 106 Stat. 1935, as amended by Pub. L. 103–160, div. A, title XIV, §1431(b)(2), Nov. 30, 1993, 107 Stat. 1833.

Pub. L. 102–172, title VIII, §8122, Nov. 26, 1991, 105 Stat. 1205.

Pub. L. 101–511, title VIII, §8003, Nov. 5, 1990, 104 Stat. 1873.

Pub. L. 100–180, div. A, title X, §1021, Dec. 4, 1987, 101 Stat. 1143.

Amendments

2004—Subsec. (d). Pub. L. 108–375 substituted "section 2350a(i)(2)" for "section 2350a(i)(3)".
10 U.S.C. § 8283 (2024) — Title 10: ARMED FORCES / Chapter 833 / Section 8283: Emergency medical treatment: reimbursement for expense
Emergency medical treatment: reimbursement for expense
Status: in_force

The Secretary of the Navy shall prescribe regulations for reimbursing members of the naval service for expenses of emergency or necessary medical service, including hospitalization and medicines, when the member was in a duty status at the time he received the service and the service was not available from a Federal source. For the purpose of this section, a member on leave or liberty is in a duty status.

(Aug. 10, 1956, ch. 1041, 70A Stat. 387, §6203; renumbered §8283, Pub. L. 115–232, div. A, title VIII, §807(b)(11), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes

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

6203 
34 U.S.C. 921a. 
May 4, 1948, ch. 254, §2, 62 Stat. 208.

  
34 U.S.C. 921b. 
May 4, 1948, ch. 254, §3, 62 Stat. 208.

The word "shall" is substituted for the words "authorized and directed to". The word "members" is substituted for the word "persons". The words "from civilian sources" are omitted as surplusage. The word "hospitalization" is substituted for the words "hospital service". In the second sentence, the word "authorized" is omitted as surplusage.

Editorial Notes

Prior Provisions

Prior sections 8284 and 8285 were repealed by Pub. L. 96–513, title II, §204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981.

Section 8284, act Aug. 10, 1956, ch. 1041, 70A Stat. 507, provided that appointments in commissioned grades in Regular Air Force be made by President, by and with advice and consent of Senate. See section 531 of this title.

Section 8285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug. 21, 1957, Pub. L. 85–155, title III, §301(4), 71 Stat. 386; Sept. 2, 1958, Pub. L. 85–861, §1(167), 72 Stat. 1516, prescribed eligibility requirements for original appointment in a commissioned grade in Regular Air Force, except designation as a medical or dental officer and except a graduating cadet. See section 532 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 6203 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. § 8035 (2024) — Title 10: ARMED FORCES / Chapter 805 / Section 8035: Vice Chief of Naval Operations
Vice Chief of Naval Operations
Status: in_force

(a) There is a Vice Chief of Naval Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list in the line of the Navy serving in grades above captain and eligible to command at sea.

(b) The Vice Chief of Naval Operations, while so serving, has the grade of admiral without vacating his permanent grade.

(c) The Vice Chief of Naval Operations has such authority and duties with respect to the Department of the Navy as the Chief of Naval Operations, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Vice Chief of Naval Operations in performing such duties have the same effect as those issued by the Chief of Naval Operations.

(d) When there is a vacancy in the office of Chief of Naval Operations or during the absence or disability of the Chief of Naval Operations—

(1) the Vice Chief of Naval Operations shall perform the duties of the Chief of Naval Operations until a successor is appointed or the absence or disability ceases; or

(2) if there is a vacancy in the office of the Vice Chief of Naval Operations or the Vice Chief of Naval Operations is absent or disabled, unless the President directs otherwise, the most senior officer of the Navy in the Office of the Chief of Naval Operations who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief of Naval Operations until a successor to the Chief of Naval Operations or the Vice Chief of Naval Operations is appointed or until the absence or disability of the Chief of Naval Operations or Vice Chief of Naval Operations ceases, whichever occurs first.

(Added Pub. L. 99–433, title V, §512(b), Oct. 1, 1986, 100 Stat. 1050, §5035; renumbered §8035, 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 5085 of this title prior to enactment of Pub. L. 99–433.

A prior section 8035 was renumbered section 9035 of this title.

Another prior section 8035 was renumbered section 9034 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 5035 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. § 8780 (2024) — Title 10: ARMED FORCES / Chapter 877 / Section 8780: Heat and light for Young Men's Christian Association buildings
Heat and light for Young Men's Christian Association buildings
Status: in_force

The Secretary of the Navy may furnish, without charge, heat and light to any building of the Young Men's Christian Association located at a naval activity.

(Aug. 10, 1956, ch. 1041, 70A Stat. 470, §7580; renumbered §8780, Pub. L. 115–232, div. A, title VIII, §807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

Historical and Revision Notes

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

7580 
34 U.S.C. 527. 
Mar. 4, 1911, ch. 239, 36 Stat. 1274 (2d proviso).

The words "naval activity" are substituted for the words "navy yards and stations" to use present terminology and provide the same coverage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7580 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. § 15107 (2024) — Title 10: ARMED FORCES / Chapter 1413 / Section 15107: Retirement: retirement for years of service; selective early retirement
Retirement: retirement for years of service; selective early retirement
Status: in_force

(a) Retirement for Years of Service.—Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.

(b) Selective Early Retirement.—Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a).

(Added Pub. L. 118–31, div. A, title V, §514(a), Dec. 22, 2023, 137 Stat. 248.)
10 U.S.C. § 1086b (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1086b: Prohibition against requiring retired members to receive health care solely through the Department of Defense
Prohibition against requiring retired members to receive health care solely through the Department of Defense
Status: in_force

The Secretary of Defense may not take any action that would require, or have the effect of requiring, a member or former member of the armed forces who is entitled to retired or retainer pay to enroll to receive health care from the Federal Government only through the Department of Defense.

(Added Pub. L. 107–107, div. A, title VII, §731(a), Dec. 28, 2001, 115 Stat. 1169.)
10 U.S.C. § 20203 (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter I / Section 20203: Original appointments: service credit
Original appointments: service credit
Status: in_force

(a) In General.—The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.

(b) Credit for Prior Service.—(1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade in the Space Force, such person shall be credited at the time of such appointment with any commissioned service (other than service as a commissioned warrant officer) that the person performed before such appointment—

(A) as a Space Force officer on active duty or in a space force active status; or

(B) as a regular officer, or as a reserve officer in an active status, in any uniformed service.

(2) The regulations prescribed by the Secretary of Defense under section 533 of this title shall apply to the Space Force to authorize the Secretary of the Air Force to limit the amount of prior active commissioned service with which a person receiving an original appointment may be credited under paragraph (1).

(b) Credit for Education, Training, and Experience.—(1) Under regulations prescribed by the Secretary of the Air Force, the Secretary shall credit a person who is receiving an original appointment in a commissioned grade in the Space Force and who has advanced education, training, or special experience with constructive service for such education, training, or experience in a particular officer career field as designated by the Secretary of the Air Force, if such education, training, or experience is directly related to the operational needs of the Space Force.

(2)(A) The Secretary may credit a person with constructive service under this subsection for each instance of relevant advanced education or training or special experience regardless of whether two or more such instances are concurrent.

(B) The Secretary may not credit more than 20 persons with an amount of constructive credit under this paragraph in any year.

(3) The amount of constructive service credited an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of colonel.

(4) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

(5) Not later than December 1 of each year, the Secretary of the Air Force shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the amount of constructive service credited under this subsection during the preceding calendar year.

(c) Authorized Use of Constructive Credit.—Constructive service credited an officer under subsection (b) shall be used only for determining the officer's—

(1) initial grade;

(2) rank in grade; and

(3) service in grade for promotion eligibility.

(d) Exclusion for Graduates of the Service Academies.—A graduate of a Service Academy (as such term is defined in section 347 of this title) is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before graduation from such Service Academy.

(e) Reserve Officers.—A reserve officer (other than a warrant officer) who receives an original appointment as an officer in the Space Force shall—

(1) in the case of an officer on the active-duty list of an armed force immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appointment; and

(2) in the case of an officer not on the active-duty list immediately before that appointment, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment.

(f) Continuity of Existing Delegation of Presidential Appointment Functions.—Except as otherwise provided by the President by Executive order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) relating to the functions of the President under section 531(a) of this title shall apply in the same manner to functions of the President under section 20201 of this title.

(Added Pub. L. 118–31, div. A, title XVII, §1716(a), Dec. 22, 2023, 137 Stat. 632.)

Editorial Notes

References in Text

Executive Order 13384, referred to in subsec. (f), is Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, which is set out as a note under section 531 of this title.
10 U.S.C. § 10145 (2024) — Title 10: ARMED FORCES / Chapter 1005 / Section 10145: Ready Reserve: placement in
Ready Reserve: placement in
Status: in_force

(a) Each person required under law to serve in a reserve component shall, upon becoming a member, be placed in the Ready Reserve of his armed force for his prescribed term of service, unless he is transferred to the Standby Reserve under section 10146(a) of this title.

(b) The units and members of the Army National Guard of the United States and of the Air National Guard of the United States are in the Ready Reserve of the Army and the Ready Reserve of the Air Force, respectively.

(c) All Reserves assigned to units organized to serve as units and designated as units in the Ready Reserve are in the Ready Reserve.

(d) Under such regulations as the Secretary concerned may prescribe, any qualified member of a reserve component or any qualified retired enlisted member of a regular component may, upon his request, be placed in the Ready Reserve. However, a member of the Retired Reserve entitled to retired pay or a retired enlisted member of a regular component may not be placed in the Ready Reserve unless the Secretary concerned makes a special finding that the member's services in the Ready Reserve are indispensable. The authority of the Secretary concerned under the preceding sentence may not be delegated—

(1) to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or

(2) to a member of the armed forces below the level of the lieutenant general or vice admiral in an armed force with responsibility for military personnel policy in that armed force.

(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2973; amended Pub. L. 108–136, div. A, title V, §513, Nov. 24, 2003, 117 Stat. 1460.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 269(a)–(d) of this title, prior to repeal by Pub. L. 103–337, §1661(a)(2)(A).

Amendments

2003—Subsec. (d). Pub. L. 108–136 substituted last sentence of introductory provisions and pars. (1) and (2) for "The Secretary concerned may not delegate his authority under the preceding sentence."

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. § 2922i (2024) — Title 10: ARMED FORCES / Chapter 173 / Subchapter II / Section 2922i: Multiyear contracts: purchase of electricity from renewable energy sources
Multiyear contracts: purchase of electricity from renewable energy sources
Status: in_force

(a) Multiyear Contracts Authorized.—Subject to subsection (b), the Secretary of Defense may enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).

(b) Limitations on Contracts for Periods in Excess of Five Years.—The Secretary may exercise the authority in subsection (a) to enter into a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case analysis prepared by the Department of Defense, that—

(1) the proposed purchase of electricity under such contract is cost effective for the Department of Defense; and

(2) it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.

(c) Relationship to Other Multiyear Contracting Authority.—Nothing in this section shall be construed to preclude the Department of Defense from using other multiyear contracting authority of the Department to purchase renewable energy.

(Added Pub. L. 110–181, div. A, title VIII, §828(a), Jan. 28, 2008, 122 Stat. 229, §2410q; renumbered §2922i, Pub. L. 116–283, div. A, title XVIII, §1879(a), Jan. 1, 2021, 134 Stat. 4293.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2410q of this title as this section.

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. § 8683 (2024) — Title 10: ARMED FORCES / Chapter 863 / Section 8683: Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work
Status: in_force

(a) Unusual Cost Overruns.—(1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year.

(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph (1).

(b) Changes in Scope of Work.—An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation—

(1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and

(2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.

(c) Treatment of Amounts Appropriated After End of Period of Obligation.—In the application of section 1553(c) of title 31 to funds appropriated in the Operation and Maintenance, Navy account that are available for ship overhaul, the Secretary of the Navy may treat the limitation specified in paragraph (1) of such section to be "$10,000,000" rather than "$4,000,000".

(Added Pub. L. 100–370, §1(n)(1), July 19, 1988, 102 Stat. 850, §7313; renumbered §8683, Pub. L. 115–232, div. A, title VIII, §807(d)(2), Aug. 13, 2018, 132 Stat. 1836; amended Pub. L. 116–283, div. A, title III, §367, Jan. 1, 2021, 134 Stat. 3551.)

Historical and Revision Notes

Section is based on Pub. L. 99–190, §101(b) [title VIII, §8005(j), (k)], Dec. 19, 1985, 99 Stat. 1185, 1203.

In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting requirements applicable to the Department of Defense except for those requirements that were specifically exempted in that section. The source law sections are sections 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99–190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authorities provided the Department of Defense by these two provisions of law, the committee believes that it is appropriate to reinstate the congressional notification requirements that go with those authorities. These sections were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee's belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notification provisions had in fact previously applied to the Department of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act.

Editorial Notes

Prior Provisions

A prior section 8683, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2, 1958, Pub. L. 85–861, §1(156), 72 Stat. 1513; Aug. 25, 1959, Pub. L. 86–197, §1(7), 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(d)(1)(A), Nov. 8, 1985, 99 Stat. 736.

Amendments

2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).

2018—Pub. L. 115–232 renumbered section 7313 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. § 12322 (2024) — Title 10: ARMED FORCES / Chapter 1209 / Section 12322: Active duty for health care
Active duty for health care
Status: in_force

A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of such section may be continued on active duty, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty as described in any of such paragraphs.

(Added Pub. L. 106–65, div. A, title VII, §705(a)(1), Oct. 5, 1999, 113 Stat. 683.)
10 U.S.C. § 8016 (2024) — Title 10: ARMED FORCES / Chapter 803 / Section 8016: Assistant Secretaries of the Navy
Assistant Secretaries of the Navy
Status: in_force

(a) There are four Assistant Secretaries of the Navy. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b)(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of the Navy may prescribe.

(2) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy.

(3)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Financial Management.

(B) The Assistant Secretary shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.

(C) The principal responsibility of the Assistant Secretary shall be the exercise of the comptroller functions of the Department of the Navy, including financial management functions. The Assistant Secretary shall be responsible for all financial management activities and operations of the Department of the Navy and shall advise the Secretary of the Navy on financial management.

(4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Research, Development, and Acquisition. The principal duty of the Assistant Secretary shall be the overall supervision of research, development, acquisition, and sustainment (including maintenance) matters of the Department of the Navy.

(B) The Assistant Secretary shall have a Principal Military Deputy, who shall be an officer of the Navy or the Marine Corps on active duty. The Principal Military Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Navy for Research, Development, and Acquisition, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year.

(5)(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.

(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Navy.

(Added Pub. L. 99–433, title V, §511(c)(4), Oct. 1, 1986, 100 Stat. 1047, §5016; amended Pub. L. 100–456, div. A, title VII, §702(b)[(1)], Sept. 29, 1988, 102 Stat. 1994; Pub. L. 110–181, div. A, title IX, §908(b), Jan. 28, 2008, 122 Stat. 278; Pub. L. 114–328, div. A, title V, §502(t), title VIII, §802(b), Dec. 23, 2016, 130 Stat. 2104, 2249; Pub. L. 115–91, div. A, title IX, §921(b), Dec. 12, 2017, 131 Stat. 1524; renumbered §8016 and amended Pub. L. 115–232, div. A, title VIII, §807(a)(1), title IX, §915, Aug. 13, 2018, 132 Stat. 1834, 1924; Pub. L. 116–92, div. A, title VIII, §861(j)(15), title IX, §911(b), Dec. 20, 2019, 133 Stat. 1520, 1559.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5034 of this title prior to enactment of Pub. L. 99–433.

A prior section 8016 was renumbered section 9016 of this title.

Amendments

2019—Subsec. (b)(4)(B). Pub. L. 116–92, §861(j)(15), substituted "under section 1731 of this title" for "under section 1733 of this title".

Subsec. (b)(5). Pub. L. 116–92, §911(b), added par. (5).

2018—Pub. L. 115–232, §807(a)(1), renumbered section 5016 of this title as this section.

Subsec. (b)(4)(A). Pub. L. 115–232, §915, substituted "acquisition, and sustainment (including maintenance) matters" for "and acquisition matters".

2017—Subsec. (b)(3). Pub. L. 115–91 designated first sentence as subpar. (A), designated second and third sentences as subpar. (C) and, in subpar. (C), substituted "The principal responsibility of the Assistant Secretary shall be" for "The Assistant Secretary shall have as his principal responsibility", and added subpar. (B).

2016—Subsec. (b)(4)(B). Pub. L. 114–328, §802(b), inserted at end "In the event of a vacancy in the position of Assistant Secretary of the Navy for Research, Development, and Acquisition, the Principal Military Deputy may serve as Acting Assistant Secretary for a period of not more than one year."

Pub. L. 114–328, §502(t), substituted "an officer of the Navy or the Marine Corps" for "a vice admiral of the Navy or a lieutenant general of the Marine Corps".

2008—Subsec. (b)(4). Pub. L. 110–181 added par. (4).

1988—Subsec. (b)(3). Pub. L. 100–456 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 807(a)(1) of 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 2017 Amendment

For applicability of appointment qualifications imposed by section 921 of Pub. L. 115–91 to certain appointments made on or after Dec. 12, 2017, see section 921(d) of Pub. L. 115–91, set out as a note under section 7016 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100–456, set out as a note under section 7016 of this title.
10 U.S.C. § 881 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 881: Art. 81. Conspiracy
Art. 81. Conspiracy
Status: in_force

(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 66; Pub. L. 109–366, §4(b), Oct. 17, 2006, 120 Stat. 2631.)

Historical and Revision Notes

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

881 
50:675. 
May 5, 1950, ch. 169, §1 (Art. 81), 64 Stat. 134.

The words "or persons" are omitted as surplusage, since under section 1 of title 1 words importing the singular may apply to several persons.

Editorial Notes

Amendments

2006—Pub. L. 109–366 designated existing provisions as subsec. (a) and added subsec. (b).
10 U.S.C. § 2568a (2024) — Title 10: ARMED FORCES / Chapter 152 / Section 2568a: Damaged personal protective equipment: award to members separating from the Armed Forces and veterans
Damaged personal protective equipment: award to members separating from the Armed Forces and veterans
Status: in_force

(a) In General.—The Secretary of a military department, acting through a disposition service distribution center of the Defense Logistics Agency, may award to a covered individual the demilitarized PPE of that covered individual. The award of PPE under this section shall be without cost to the covered individual.

(b) Definitions.—In this section:

(1) The term "covered individual" means—

(A) a member of the armed forces—

(i) under the jurisdiction of the Secretary concerned; and

(ii) who is separating from the armed forces; or

(B) a veteran who was under the jurisdiction of the Secretary concerned while a member of the armed forces.

(2) The term "PPE" means personal protective equipment that was damaged in combat or otherwise—

(A) during the deployment of a covered individual; and

(B) after September 11, 2001.

(Added Pub. L. 115–232, div. A, title VI, §623(a), Aug. 13, 2018, 132 Stat. 1800.)
10 U.S.C. § 856a (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter VIII / Section 856a: Repealed. Pub. L. 114-328, div. E, title LVIII, §5301(b), Dec. 23, 2016, 130 Stat. 2920
Repealed. Pub. L. 114-328, div. E, title LVIII, §5301(b), Dec. 23, 2016, 130 Stat. 2920
Status: repealed

[§856a. Repealed. Pub. L. 114–328, div. E, title LVIII, §5301(b), Dec. 23, 2016, 130 Stat. 2920]

Section, added Pub. L. 105–85, div. A, title V, §581(a)(1), Nov. 18, 1997, 111 Stat. 1759, related to sentence of confinement for life without eligibility for parole.

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. § 777a (2024) — Title 10: ARMED FORCES / Chapter 45 / Section 777a: Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions
Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions
Status: in_force

(a) Authority.—An officer serving in a grade below the grade of lieutenant general or, in the case of the Navy, vice admiral, who has been selected for appointment to the grade of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, and an officer serving in the grade of lieutenant general or vice admiral who has been selected for appointment to the grade of general or admiral, may be authorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade is authorized. An officer who is so authorized to wear the insignia of a higher grade is said to be "frocked" to that grade.

(b) Restrictions.—An officer may not be authorized to wear the insignia for a grade as described in subsection (a) unless—

(1) the Senate has given its advice and consent to the appointment of the officer to that grade;

(2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;

(3) the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and

(4) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.

(c) Benefits Not to Be Construed as Accruing.—(1) Authority provided to an officer as described in subsection (a) to wear the insignia of a higher grade may not be construed as conferring authority for that officer to—

(A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or

(B) assume any legal authority associated with that grade.

(2) The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:

(A) Seniority in that grade.

(B) Time of service in that grade.

(d) Limitation on Number of Officers Frocked.—The total number of officers who are authorized to wear the insignia for a higher grade under this section shall count against the limitation in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.

(Added Pub. L. 111–383, div. A, title V, §505(a)(1), Jan. 7, 2011, 124 Stat. 4208.)
10 U.S.C. § 2117 (2024) — Title 10: ARMED FORCES / Chapter 104 / Section 2117: Repealed. Pub. L. 111-84, div. A, title V, §525(a)(1), Oct. 28, 2009, 123 Stat. 2286
Repealed. Pub. L. 111-84, div. A, title V, §525(a)(1), Oct. 28, 2009, 123 Stat. 2286
Status: repealed

[§2117. Repealed. Pub. L. 111–84, div. A, title V, §525(a)(1), Oct. 28, 2009, 123 Stat. 2286]

Section, added Pub. L. 110–181, div. A, title IX, §955(g)(1), Jan. 28, 2008, 122 Stat. 295, authorized Secretary of Defense to establish a School of Nursing. See section 2169 of this title.

Editorial Notes

Prior Provisions

A prior section 2117, added Pub. L. 92–426, §2(a), Sept. 21, 1972, 86 Stat. 716, authorized appropriations for the Uniformed Services University of the Health Sciences, prior to repeal by Pub. L. 101–510, div. A, title XIV, §1484(b)(2)(A), Nov. 5, 1990, 104 Stat. 1716.
10 U.S.C. § 1134 (2024) — Title 10: ARMED FORCES / Chapter 57 / Section 1134: Medal of honor: award to individual interred in Tomb of the Unknowns as representative of casualties of a war
Medal of honor: award to individual interred in Tomb of the Unknowns as representative of casualties of a war
Status: in_force

The medal of honor awarded posthumously to a deceased member of the armed forces who, as an unidentified casualty of a particular war or other armed conflict, is interred in the Tomb of the Unknowns at Arlington National Cemetery, Virginia, is awarded to the member as the representative of the members of the armed forces who died in such war or other armed conflict and whose remains have not been identified, and not to the individual personally.

(Added Pub. L. 108–375, div. A, title V, §561(a), Oct. 28, 2004, 118 Stat. 1917.)
10 U.S.C. § 2612 (2024) — Title 10: ARMED FORCES / Chapter 155 / Section 2612: National Defense University: acceptance of gifts
National Defense University: acceptance of gifts
Status: in_force

(a) The Secretary of Defense may accept, hold, administer, and spend any gift, including a gift from an international organization and a foreign gift or donation (as defined in section 343(f)(4) of this title), that is made on the condition that it be used in connection with the operation or administration of the National Defense University. The Secretary may pay all necessary expenses in connection with the acceptance of a gift under this subsection.

(b) There is established in the Treasury a fund to be known as the "National Defense University Gift Fund". Gifts of money, and the proceeds of the sale of property, received under subsection (a) shall be deposited in the fund. The Secretary may disburse funds deposited under this subsection for the benefit or use of the National Defense University.

(c) Subsection (c) of section 2601 of this title applies to property that is accepted under subsection (a) in the same manner that such subsection applies to property that is accepted under subsection (a) of that section.

(d)(1) Upon request of the Secretary of Defense, the Secretary of the Treasury may—

(A) retain money, securities, and the proceeds of the sale of securities, in the National Defense University Gift Fund; and

(B) invest money and reinvest the proceeds of the sale of securities in that fund in securities of the United States or in securities guaranteed as to principal and interest by the United States.

(2) The interest and profits accruing from those securities shall be deposited to the credit of the fund and may be disbursed as provided in subsection (b).

(e) In this section:

(1) the term "gift" includes a devise of real property or a bequest of personal property and any gift of an interest in real property.

(2) The term "National Defense University" includes any school or other component of the National Defense University specified under section 2165(b) of this title.

(f) The Secretary of Defense shall prescribe regulations to carry out this section.

(Added Pub. L. 107–314, div. A, title IX, §931(a), Dec. 2, 2002, 116 Stat. 2624; amended Pub. L. 108–136, div. A, title IX, §931(d), Nov. 24, 2003, 117 Stat. 1581; Pub. L. 115–91, div. A, title X, §1081(a)(44), Dec. 12, 2017, 131 Stat. 1596.)

Editorial Notes

Amendments

2017—Subsec. (a). Pub. L. 115–91 substituted "section 343(f)(4)" for "section 2166(f)(4)".

2003—Subsec. (a). Pub. L. 108–136 substituted "2166(f)(4)" for "2611(f)".
10 U.S.C. § 1079b (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1079b: Procedures for charging fees for care provided to civilians; retention and use of fees collected
Procedures for charging fees for care provided to civilians; retention and use of fees collected
Status: in_force

(a) Requirement To Implement Procedures.—The Secretary of Defense shall implement procedures under which a military medical treatment facility may charge civilians who are not covered beneficiaries (or their insurers) fees representing the costs, as determined by the Secretary, of trauma and other medical care provided to such civilians.

(b) Waiver of Fees.—The Director of the Defense Health Agency may issue a waiver for a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian provided medical care who is not a covered beneficiary if the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Director of the Defense Health Agency.

(c) Modified Payment Plan for Certain Civilians.—(1)(A) If a civilian specified in subsection (a) is covered by a covered payer at the time care under this section is provided, the civilian shall only be responsible to pay the standard copays, coinsurance, deductibles, or nominal fees that are otherwise applicable under the covered payer plan.

(B) Except with respect to the copays, coinsurance, deductibles, and nominal fees specified in subparagraph (A)—

(i) the Secretary of Defense may bill only the covered payer for care provided to a civilian described in subparagraph (A); and

(ii) payment received by the Secretary from the covered payer of a civilian for care provided under this section that is provided to the civilian shall be considered payment in full for such care.

(2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health Agency shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program, as prescribed by the Director of the Defense Health Agency.

(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Director of the Defense Health Agency shall implement an additional catastrophic waiver to prevent severe financial harm.

(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.

(d) Use of Fees Collected.—A military medical treatment facility may retain and use the amounts collected under subsection (a) for—

(1) trauma consortium activities;

(2) administrative, operating, and equipment costs; and

(3) readiness training.

(e) Definitions.—In this section:

(1) The term "covered payer" means a third-party payer or other insurance, medical service, or health plan.

(2) The terms "third-party payer" and "insurance, medical service, or health plan" have the meaning given those terms in section 1095(h) of this title.

(Added Pub. L. 107–107, div. A, title VII, §732(a)(1), Dec. 28, 2001, 115 Stat. 1169; amended Pub. L. 116–283, div. A, title VII, §702, Jan. 1, 2021, 134 Stat. 3686; Pub. L. 117–263, div. A, title VII, §716(a), (b), Dec. 23, 2022, 136 Stat. 2661.)

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263, §716(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if—

"(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and

"(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary."

Subsecs. (c), (d). Pub. L. 117–263, §716(a)(2), (b)(1), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Pub. L. 117–263, §716(b)(2), added subsec. (e).

2021—Subsecs. (b), (c). Pub. L. 116–283 added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. A, title VII, §716(c), Dec. 23, 2022, 136 Stat. 2661, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022]."

Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment Facilities

Pub. L. 118–159, div. A, title VII, §717, Dec. 23, 2024, 138 Stat. 1949, provided that:

"(a) Final Rule Required.—The Secretary of Defense shall issue a final rule (or interim final rule) to implement as soon as possible after the date of the enactment of this Act [Dec. 23, 2024] section 1079b of title 10, United States Code.

"(b) Treatment of Claims.—

"(1) In general.—Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the final rule (or interim final rule) required under subsection (a) is in effect.

"(2) Exception.—Paragraph (1) does not apply to—

"(A) claims to third-party payers; or

"(B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code."

Deadline for Implementation

Pub. L. 107–107, div. A, title VII, §732(b), Dec. 28, 2001, 115 Stat. 1170, directed the Secretary of Defense to begin to implement the procedures required by subsec. (a) of this section not later than one year after Dec. 28, 2001.
10 U.S.C. § 704a (2024) — Title 10: ARMED FORCES / Chapter 40 / Section 704a: Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law
Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law
Status: in_force

No member or category of members of the armed forces may be authorized, granted, or assigned leave, including uncharged leave, not expressly authorized by a provision of this chapter or another statute unless expressly authorized by an Act of Congress enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.

(Added Pub. L. 114–328, div. A, title V, §521(b)(1), Dec. 23, 2016, 130 Stat. 2115.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in text, is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.
10 U.S.C. § 949m (2024) — Title 10: ARMED FORCES / Chapter 47A / Subchapter IV / Section 949m: Number of votes required
Number of votes required
Status: in_force

(a) Conviction.—No person may be convicted by a military commission under this chapter of any offense, except as provided in section 949i(b) of this title or by concurrence of two-thirds of the primary members present at the time the vote is taken.

(b) Sentences.—(1) Except as provided in paragraphs (2) and (3), sentences shall be determined by a military commission by the concurrence of two-thirds of the primary members present at the time the vote is taken.

(2) No person may be sentenced to death by a military commission, except insofar as—

(A) the penalty of death has been expressly authorized under this chapter, chapter 47 of this title, or the law of war for an offense of which the accused has been found guilty;

(B) trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;

(C) the accused was convicted of the offense by the concurrence of all the primary members present at the time the vote is taken, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title; and

(D) all primary members present at the time the vote was taken on the sentence concurred in the sentence of death.

(3) No person may be sentenced to life imprisonment, or to confinement for more than 10 years, by a military commission under this chapter except by the concurrence of three-fourths of the primary members present at the time the vote is taken.

(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.

(c) Number of Members Required for Penalty of Death.—(1) Except as provided in paragraph (2), in a case in which the penalty of death is sought, the number of primary members of the military commission under this chapter shall be not less than 12 primary members.

(2) In any case described in paragraph (1) in which 12 primary members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of primary members for the military commission (but not fewer than 9 primary members), and the military commission may be assembled, and the trial held, with not less than the number of primary members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of primary members were not reasonably available.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2589; amended Pub. L. 112–81, div. A, title X, §1030(a), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113–66, div. A, title X, §1031(c), Dec. 26, 2013, 127 Stat. 850.)

Editorial Notes

Prior Provisions

A prior section 949m, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2616, related to number of votes required for conviction and sentences and number of members required on military commission for penalty of death, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Pub. L. 113–66, §1031(c)(1), inserted "primary" before "members" wherever appearing.

Subsec. (b)(4). Pub. L. 113–66, §1031(c)(2), added par. (4).

2011—Subsec. (b)(2)(C). Pub. L. 112–81, §1030(a)(1), inserted before semicolon ", or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title".

Subsec. (b)(2)(D). Pub. L. 112–81, §1030(a)(2), inserted "on the sentence" after "vote was taken".
10 U.S.C. § 12309 (2024) — Title 10: ARMED FORCES / Chapter 1209 / Section 12309: Reserve officers: use of in expansion of armed forces
Reserve officers: use of in expansion of armed forces
Status: in_force

When an expansion of the active armed forces requires that officers of the reserve components who are not members of units organized to serve as such be ordered as individuals to active duty (other than for training) without their consent, the services of qualified and available reserve officers in all grades shall be used, so far as practicable, according to the needs of the branches, grades, or specialties concerned.

(Aug. 10, 1956, ch. 1041, 70A Stat. 29, §677; renumbered §12309, Pub. L. 103–337, div. A, title XVI, §1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

Historical and Revision Notes

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

677 
50:961(f). 
July 9, 1952, ch. 608, §233(f), 66 Stat. 490.

The words "without their consent" are substituted for the word "involuntarily". The words "it shall be the policy" are omitted as surplusage. The words "to active duty (other than for training)" are substituted for the words "into the active military service".

Editorial Notes

Amendments

1994—Pub. L. 103–337 renumbered section 677 of this title as this section.
10 U.S.C. § 8864 (2024) — Title 10: ARMED FORCES / Chapter 883 / Section 8864: Delivery of property on stipulation
Delivery of property on stipulation
Status: in_force

(a) Prize property may be delivered to a claimant on stipulation, deposit, or other security, if—

(1) the claimant satisfies the court that the property has a peculiar and intrinsic value to him, independent of its market value;

(2) the court is satisfied that the rights and interests of the United States or of other claimants will not be prejudiced;

(3) an opportunity is given to the United States attorney and the naval prize commissioner or the naval special prize commissioner to be heard as to the appointment of appraisers; and

(4) a satisfactory appraisal is made.

(b) Money collected on a stipulation, or deposited instead of it, that does not represent costs shall be deposited with the Treasurer of the United States or a public depositary in the same manner as proceeds of a sale.

(Aug. 10, 1956, ch. 1041, 70A Stat. 479, §7664; renumbered §8864, Pub. L. 115–232, div. A, title VIII, §807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

Historical and Revision Notes

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

7664 
34 U.S.C. 1142. 
R.S. 4626.

34 U.S.C. 1142 and this section reflect the Act of March 3, 1899, ch. 413, §13, 30 Stat. 1007, which repealed laws authorizing distribution of prize proceeds to captors, and the Act of May 29, 1920, ch. 214, §1, 41 Stat. 654, which requires substitution of "Treasurer of the United States or public depositary" for "assistant treasurer".

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7664 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. § 711 (2024) — Title 10: ARMED FORCES / Chapter 41 / Section 711: 1 Senior members of Military Staff Committee of United Nations: appointment
1 Senior members of Military Staff Committee of United Nations: appointment
Status: in_force

The President, by and with the advice and consent of the Senate, may appoint an officer of the Army, an officer of the Navy or the Marine Corps, and an officer of the Air Force or the Space Force, as senior members of the Military Staff Committee of the United Nations.

(Aug. 10, 1956, ch. 1041, 70A Stat. 32; Pub. L. 114–328, div. A, title V, §502(f), Dec. 23, 2016, 130 Stat. 2103; Pub. L. 116–283, div. A, title IX, §924(b)(19), Jan. 1, 2021, 134 Stat. 3823.)

Historical and Revision Notes

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

711 
10:506b(c) (less last 12 words). 
Aug. 7, 1947, ch. 512, §504(c) (less last 12 words), 61 Stat 886.

The words "Within the limitations as to numbers in grade prescribed in this Act", so far as they relate to the Army and the Air Force, are omitted as executed by the declaration of the national emergency on December 16, 1950, in accordance with an opinion of the Judge Advocate General of the Army (JAGA 1951/6180, 17 Oct. 1951). So far as they relate to the Navy and the Marine Corps they are omitted as surplusage. The words "may appoint" are inserted to make it explicit that the revised section prescribes the appointment as well as the rank and pay that go with it. The word "grade" is substituted for the word "rank". The words "Navy or Marine Corps" are substituted for the words "Navy, including the Marine Corps". The words "Army, * * * Air Force" are substituted for the words "Army less the Air Corps * * * Air Corps". The words "pay and allowances of a vice admiral or lieutenant general" are omitted as surplusage, since this is implicit upon appointment to the grade. The words "and Naval" are omitted to conform to the name "Military Staff Committee" established by Article 47 of the United Nations Charter.

Editorial Notes

Amendments

2021—Pub. L. 116–283 inserted "or the Space Force" after "Air Force".

2016—Pub. L. 114–328 struck out second sentence which read as follows: "An officer so appointed has the grade of lieutenant general or vice admiral, as the case may be, while serving under that appointment."

1 Another section 711 is set out in chapter 40 of this title.
10 U.S.C. § 10151 (2024) — Title 10: ARMED FORCES / Chapter 1005 / Section 10151: Standby Reserve: composition
Standby Reserve: composition
Status: in_force

The Standby Reserve consists of those units or members, or both, of the reserve components, other than those in the Ready Reserve or Retired Reserve, who are liable for active duty only as provided in sections 12301 and 12306 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(a) 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. § 9191 (2024) — Title 10: ARMED FORCES / Chapter 921 / Section 9191: Non-regular officers: status
Non-regular officers: status
Status: in_force

A commissioned officer of the Air Force, other than of the Regular Air Force, who is on active duty in any commissioned grade has the rights and privileges, and is entitled to the benefits, provided by law for a commissioned officer of the Air Force Reserve—

(1) whose reserve grade is that in which the officer not of the Regular Air Force is serving;

(2) who has the same length of service as the officer not of the Regular Air Force; and

(3) who is on active duty in his reserve grade.

(Aug. 10, 1956, ch. 1041, 70A Stat. 524, §8491; renumbered §9191, Pub. L. 115–232, div. A, title VIII, §806(b)(5), Aug. 13, 2018, 132 Stat. 1832.)

Historical and Revision Notes

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

8491 
10:506d(h). 
Aug. 7, 1947, ch. 512, §515(h), 61 Stat. 908.

The first 12 words are substituted for 10:506d(h) (1st 11 words). The words "has the rights and privileges, and is entitled to the benefits" are substituted for the words "shall be entitled * * * to the same rights, privileges, and benefits". Clause (1) is substituted for the words "in a grade the same as such 'active-duty grade' ". The words "as the officer not of the Regular Air Force" are substituted for the words "holding appointment in the Army Reserve". The words "his reserve grade" are substituted for the words "the grade held in the Army".

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 8491 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. § 2200b (2024) — Title 10: ARMED FORCES / Chapter 112 / Section 2200b: Grant program
Grant program
Status: in_force

(a) Authority.—The Secretary of Defense may provide grants of financial assistance to institutions of higher education to support the establishment, improvement, or administration of programs of education in cyber disciplines referred to in section 2200(a) of this title.

(b) Purposes.—The proceeds of grants under this section may be used by an institution of higher education for the following purposes:

(1) Faculty development.

(2) Curriculum development.

(3) Laboratory improvements.

(4) Faculty research in information security.

(Added Pub. L. 106–398, §1 [[div. A], title IX, §922(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–235; amended Pub. L. 115–91, div. A, title XVI, §1649(d)(1)(D), Dec. 12, 2017, 131 Stat. 1753.)

Editorial Notes

Amendments

Subsec. (a). Pub. L. 115–91 substituted "cyber disciplines" for "information assurance disciplines".
10 U.S.C. § 2183 (2024) — Title 10: ARMED FORCES / Chapter 110 / Section 2183: Educational assistance: former captives
Educational assistance: former captives
Status: in_force

(a) In order to respond to special circumstances, the Secretary concerned may pay (by advancement or reimbursement) a person who is a former captive for expenses incurred, while attending an educational or training institution, for—

(1) subsistence;

(2) tuition;

(3) fees;

(4) supplies;

(5) books;

(6) equipment; and

(7) other educational expenses.

(b) Except as provided in section 2184 of this title, payments shall be available under this section for a person who is a former captive for education or training that occurs—

(1) after the termination of the status of that person as a captive; and

(2) on or before—

(A) the end of any semester or quarter (as appropriate) that begins before the end of the 10-year period beginning on the date on which the status of that person as a captive terminates; or

(B) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course that began before such date or the end of the 16-week period following that date.

(c) Payments shall be available under this section only to the extent that such payments are not otherwise authorized by law.

(Added Pub. L. 99–399, title VIII, §806(d)(1), Aug. 27, 1986, 100 Stat. 888.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to persons whose captive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title.
10 U.S.C. § 7482 (2024) — Title 10: ARMED FORCES / Chapter 757 / Section 7482: Operation
Operation
Status: in_force

In maintaining schools and camps established under section 7481 of this title, the Secretary of the Army may—

(1) prescribe the periods during which they will be operated;

(2) prescribe regulations for their administration;

(3) prescribe the courses to be taught;

(4) detail members of the Regular Army to designated duties relating to the camps;

(5) use necessary supplies and transportation;

(6) furnish uniforms, subsistence, and medical attendance and supplies to persons attending the camps; and

(7) authorize necessary expenditures from proper Army funds for—

(A) water;

(B) fuel;

(C) light;

(D) temporary structures, except barracks and officers' quarters;

(E) screening;

(F) damages resulting from field exercises;

(G) expenses incident to theoretical winter instruction of trainees; and

(H) other expenses incident to maintaining the camps.

(Aug. 10, 1956, ch. 1041, 70A Stat. 249, §4412; renumbered §7482 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)

4412 
10:442 (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence). 
June 3, 1916, ch. 134, §47d (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence); added June 4, 1920, ch. 227, subch. I, §34 (47 words after 1st semicolon, and 72 words before 3d semicolon, of 1st sentence; and last sentence of last par.), 41 Stat. 779.

The word "supplies" is substituted for the words "such arms, ammunition, accoutrements, equipments, tentage, field equipage", since, under the definition of the word "supplies", in section 101(26) of this title, those words are covered by the word "supplies". The words "belonging to the United States", "and imparting military instruction and training thereat", "during the period of their attendance", "theoretical and practical instruction", "persons attending the camps authorized by this section", and "as he may deem" are omitted as surplusage. The word "detail" is substituted for the word "employ". The word "members" is substituted for the words "officers, warrant officers, and enlisted men".

Editorial Notes

Amendments

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

Pub. L. 115–232, §808(c)(2), renumbered section 4412 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. § 1508 (2024) — Title 10: ARMED FORCES / Chapter 76 / Section 1508: Judicial review
Judicial review
Status: in_force

(a) Right of Review.—A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person's case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in section 706 of title 5.

(b) Findings for Which Judicial Review May Be Sought.—Subsection (a) applies to the following findings:

(1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead.

(2) A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead.

(c) Subsequent Review.—Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.

(Added Pub. L. 104–106, div. A, title V, §569(b)(1), Feb. 10, 1996, 110 Stat. 348.)
10 U.S.C. § 2782 (2024) — Title 10: ARMED FORCES / Chapter 165 / Section 2782: Damage to real property: disposition of amounts recovered
Damage to real property: disposition of amounts recovered
Status: in_force

Except as provided in section 2775 of this title, amounts recovered for damage caused to real property under the jurisdiction of the Secretary of a military department or, with respect to the Defense Agencies, under the jurisdiction of the Secretary of Defense shall be credited to the account available for the repair or replacement of the real property at the time of recovery. In such amounts as are provided in advance in appropriation Acts, amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in the account.

(Added Pub. L. 104–106, div. B, title XXVIII, §2821(a), Feb. 10, 1996, 110 Stat. 556.)

Editorial Notes

Prior Provisions

A prior section 2782, added Pub. L. 101–189, div. A, title XVI, §1603(a)(1), Nov. 29, 1989, 103 Stat. 1597, related to limits on restoration of unobligated balances withdrawn from availability for obligation, prior to repeal by Pub. L. 101–510, div. A, title XIV, §1405(c)(1), Nov. 5, 1990, 104 Stat. 1680.
10 U.S.C. § 9491 (2024) — Title 10: ARMED FORCES / Chapter 959 / Section 9491: Status as federally chartered corporation; purposes
Status as federally chartered corporation; purposes
Status: in_force

(a) Status.—(1) The Civil Air Patrol is a nonprofit corporation that is federally chartered under section 40301 of title 36.

(2) Except as provided in section 9492(b)(2) of this title, the Civil Air Patrol is not an instrumentality of the Federal Government for any purpose.

(b) Purposes.—The purposes of the Civil Air Patrol are set forth in section 40302 of title 36.

(Added Pub. L. 106–398, §1 [[div. A], title X, §1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295, §9441; renumbered §9491 and amended Pub. L. 115–232, div. A, title VIII, §§806(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.)

Editorial Notes

Amendments

2018—Pub. L. 115–232, §806(a)(1), renumbered section 9441 of this title as this section.

Subsec. (a)(2). Pub. L. 115–232, §809(a), substituted "section 9492(b)(2)" for "section 9442(b)(2)".

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

Pub. L. 106–398, §1 [[div. A], title X, §1090(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300, provided that: "The amendments made by this section [enacting this section and sections 9492 to 9498 of this title and amending sections 40302 and 40303 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations] shall take effect 120 days after the date of the enactment of this Act [Oct. 30, 2000]."
10 U.S.C. § 722 (2024) — Title 10: ARMED FORCES / Chapter 41 / Section 722: Repealed. Pub. L. 114-328, div. A, title V, §502(h)(1), Dec. 23, 2016, 130 Stat. 2103
Repealed. Pub. L. 114-328, div. A, title V, §502(h)(1), Dec. 23, 2016, 130 Stat. 2103
Status: repealed

[§722. Repealed. Pub. L. 114–328, div. A, title V, §502(h)(1), Dec. 23, 2016, 130 Stat. 2103]

Section, added Pub. L. 109–364, div. A, title V, §507(a)(1)(A), Oct. 17, 2006, 120 Stat. 2180, related to grade of Attending Physician to the Congress.
10 U.S.C. § 1061 (2024) — Title 10: ARMED FORCES / Chapter 54 / Section 1061: Survivors of certain Reserve and Guard members
Survivors of certain Reserve and Guard members
Status: in_force

(a) Benefits.—The Secretary of Defense shall prescribe regulations to allow dependents of members of the uniformed services described in subsection (b) to use commissary and exchange stores on the same basis as dependents of members of the uniformed services who die while on active duty for a period of more than 30 days.

(b) Covered Dependents.—A dependent referred to in subsection (a) is a dependent of a member of a uniformed service who died—

(1) while on active duty, active duty for training, or inactive-duty training (regardless of the period of such duty); or

(2) while traveling to or from the place at which the member was to perform, or has performed, active duty, active duty for training, or inactive-duty training (regardless of the period of such duty).

(Added Pub. L. 100–370, §1(c)(1), July 19, 1988, 102 Stat. 841.)

Historical and Revision Notes

Section is based on Pub. L. 99–145, title III, §308, Nov. 8, 1985, 99 Stat. 618.
10 U.S.C. § 8876 (2024) — Title 10: ARMED FORCES / Chapter 883 / Section 8876: Compensation of prize commissioners and special prize commissioners
Compensation of prize commissioners and special prize commissioners
Status: in_force

(a) Naval prize commissioners and naval special prize commissioners may not receive compensation for their services in prize causes other than that to which they are entitled as officers of the Navy.

(b) Prize commissioners and special prize commissioners, except naval prize commissioners and naval special prize commissioners, are entitled to just and suitable compensation for their services in prize causes. The amount of compensation in each cause shall be determined by the court and allowed as costs.

(c) Annually, on the anniversary of his appointment, each prize commissioner and special prize commissioner, except a naval prize commissioner or a naval special prize commissioner, shall submit to the Attorney General an account of all amounts received for his services in prize causes within the previous year. Of the amounts reported, each such commissioner may retain not more than $3,000, which is in full satisfaction for all his services in prize causes for that year. He shall pay any excess over that amount into the Treasury.

(Aug. 10, 1956, ch. 1041, 70A Stat. 482, §7676; renumbered §8876, Pub. L. 115–232, div. A, title VIII, §807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

Historical and Revision Notes

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

7676(a) 
34 U.S.C. 1137 (as applicable to compensation of naval prize commissioner). 
R.S. 4621 (as applicable to compensation of naval prize commissioner); Nov. 14, 1945, ch. 472, §2, 59 Stat. 581.

  
34 U.S.C. 1163 (as applicable to compensation of naval special prize commissioner). 
Aug. 18, 1942, ch. 553, §5 (as applicable to compensation of naval special prize commissioner), 56 Stat. 746.

7676(b) 
34 U.S.C. 1154. 
R.S. 4646.

7676(c) 
34 U.S.C. 1155. 
R.S. 4647.

In subsection (c) the words "on the anniversary of his appointment" are inserted for clarity, as "year" in the context of this section means a year of service as prize commissioner. The words "and shall be credited to the fund for paying naval pensions" are omitted because the Act of June 26, 1934, ch. 756, §9, 48 Stat. 1229, abolished the naval pension fund and provided that moneys previously required to be paid into it should be deposited in the Treasury as miscellaneous receipts. The words "as miscellaneous receipts" are omitted as surplusage. The word "amounts" is substituted for the word "sums".

34 U.S.C. 1154 and 1155 and this section reflect the Act of May 28, 1896, ch. 252, §6, 29 Stat. 179, 180, which provided that United States attorneys should receive fixed annual salaries in lieu of the fees and emoluments previously authorized.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7676 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. § 7629 (2024) — Title 10: ARMED FORCES / Chapter 769 / Section 7629: Proceeds: disposition
Proceeds: disposition
Status: in_force

The proceeds of sales of the following shall be paid into the Treasury to the credit of the appropriation out of which they were purchased, and are available for the purposes of that appropriation:

(1) Exterior articles of uniform sold under section 7621 of this title.

(2) Supplies and military publications sold to educational institutions under section 7627 of this title.

(3) Fuel, oil, other supplies, and services for aircraft of a foreign military or air attache sold under section 7626 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 260, §4629; renumbered §7629 and amended Pub. L. 115–232, div. A, title VIII, §§808(d), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)

Historical and Revision Notes

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

4629 
10:1179 (proviso).
10:1395 (last sentence).

Feb. 14, 1927, ch. 134 (last sentence), 44 Stat. 1096.

  
22:259 (last sentence).
July 17, 1914, ch. 149 (proviso), 38 Stat. 512.
May 31, 1939, ch. 161 (last sentence), 53 Stat. 796.

Editorial Notes

Amendments

2018—Pub. L. 115–232, §808(d), renumbered section 4629 of this title as this section.

Par. (1). Pub. L. 115–232, §809(a), substituted "section 7621" for "section 4621".

Par. (2). Pub. L. 115–232, §809(a), substituted "section 7627" for "section 4627".

Par. (3). Pub. L. 115–232, §809(a), substituted "section 7626" for "section 4626".

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. § 1596c (2024) — Title 10: ARMED FORCES / Chapter 81 / Section 1596c: Programming language proficiency: special pay for proficiency beneficial for national security interests
Programming language proficiency: special pay for proficiency beneficial for national security interests
Status: in_force

(a) Authority.—The Secretary of Defense, under the sole and exclusive discretion of the Secretary, may pay special pay under this section to an employee of the Department of Defense who—

(1) has been certified by the Secretary to be proficient in a computer or digital programming language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests; and

(2) is assigned duties requiring proficiency in that programming language.

(b) Rate.—The rate of special pay for an employee under this section shall be prescribed by the Secretary, but may not exceed 20 percent of the employee's rate of basic pay.

(c) Relationship to Other Pay and Allowances.—Special pay under this section is in addition to any other pay or allowances to which the employee is entitled.

(d) Regulations.—The Secretary of Defense shall prescribe regulations to carry out this section.

(Added Pub. L. 116–283, div. A, title II, §241(c)(1), Jan. 1, 2021, 134 Stat. 3487.)
10 U.S.C. § 2856b (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter III / Section 2856b: Covered military unaccompanied housing: standards for habitability
Covered military unaccompanied housing: standards for habitability
Status: in_force

(a) Standards Required.—For the purposes of assigning a member of the armed forces to a unit of covered military unaccompanied housing, the Secretary of Defense shall establish uniform minimum standards for covered military unaccompanied housing, that shall include minimum requirements for—

(1) condition;

(2) habitability, health, and environmental comfort;

(3) safety and security; and

(4) any other element the Secretary of Defense determines appropriate.

(b) Limitation on Issuance of Waivers.—Any waiver of a uniform standard described in subsection (a) may only be issued by a Secretary of a military department.

(c) Certification.—The Secretary of Defense shall include, in conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, a certification from each Secretary of a military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied covered military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63 titled "DoD Housing Management" and dated October 28, 2010 (or a successor document).

(Added and amended Pub. L. 118–31, div. B, title XXVIII, §§2832(a), 2834, Dec. 22, 2023, 137 Stat. 754, 757.)

Editorial Notes

Codification

Pub. L. 118–31, div. B, title XXVIII, §2832(a), Dec. 22, 2023, 137 Stat. 754, which directed amendment of "Subchapter III of title 10" by adding this section after section 2856a of this title, was executed to subchapter III of chapter 169 of this title, to reflect the probable intent of Congress.

Amendments

2023—Subsec. (c). Pub. L. 118–31, §2834, added subsec. (c).

Statutory Notes and Related Subsidiaries

Guidance

Pub. L. 118–31, div. B, title XXVIII, §2832(b), Dec. 22, 2023, 137 Stat. 754, provided that: "Not later than 30 days after the date on which the Secretary of Defense develops the uniform standards under section 2856b of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall issue to each Secretary of a military department guidance on such uniform standards."

Definitions

For definition of "covered military unaccompanied housing" as used in this section, see section 2856(c) of this title.
10 U.S.C. § 4973 (2024) — Title 10: ARMED FORCES / Chapter 389 / Subchapter I / Section 4973: Limitations
Limitations
Status: in_force

(a) Terms and Conditions of Loan Guarantees.—In issuing a guarantee under this subchapter for a medium-term or long-term loan, the Secretary may not offer terms and conditions more beneficial than those that would be provided to the recipient by the Export-Import Bank of the United States under similar circumstances in conjunction with the provision of guarantees for nondefense articles and services.

(b) Losses Arising From Fraud or Misrepresentation.—No payment may be made under a guarantee issued under this subchapter for a loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.

(c) No Right of Acceleration.—The Secretary of Defense may not accelerate any guaranteed loan or increment, and may not pay any amount, in respect of a guarantee issued under this subchapter, other than in accordance with the original payment terms of the loan.

(Added Pub. L. 104–106, div. A, title XIII, §1321(a)(1), Feb. 10, 1996, 110 Stat. 476, §2540b; renumbered §4973, Pub. L. 116–283, div. A, title XVIII, §1873(b), (c)(1), Jan. 1, 2021, 134 Stat. 4290.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2540b of this title as this section.

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. § 2302d (2024) — Title 10: ARMED FORCES / Chapter 137 / Section 2302d: Repealed. Pub. L. 116-283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293
Repealed. Pub. L. 116-283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293
Status: repealed

[§2302d. Repealed. Pub. L. 116–283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293]

Section, added Pub. L. 104–201, div. A, title VIII, §805(a)(2), Sept. 23, 1996, 110 Stat. 2605; amended Pub. L. 105–85, div. A, title X, §1073(a)(41), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 116–283, div. A, title XVIII, §§1806(c)(3), 1846(e)(1), Jan. 1, 2021, 134 Stat. 4155, 4249, related to definitional threshold amounts of a major system.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal 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. § 2714 (2024) — Title 10: ARMED FORCES / Chapter 160 / Section 2714: Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force
Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force
Status: in_force

(a) In General.—The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the "PFAS Task Force").

(b) Membership.—The members of the PFAS Task Force are the following:

(1) The Assistant Secretary of Defense for Energy, Installations, and Environment.

(2) The Assistant Secretary of the Army for Installations, Energy, and Environment.

(3) The Assistant Secretary of the Navy for Energy, Installations, and Environment.

(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy.

(5) The Assistant Secretary of Defense for Health Affairs.

(c) Chairman.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.

(d) Support.—The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force.

(e) Duties.—The duties of the PFAS Task Force are the following:

(1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services.

(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances.

(3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances.

(4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department.

(5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances.

(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.

(f) Report.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and annually thereafter through 2029, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.

(g) Definitions.—In this section:

(1) The term "perfluoroalkyl substance" means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(2) The term "polyfluoroalkyl substance" means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(Added Pub. L. 117–81, div. A, title III, §341(a), Dec. 27, 2021, 135 Stat. 1641; amended Pub. L. 117–263, div. A, title III, §341(b), Dec. 23, 2022, 136 Stat. 2529; Pub. L. 118–31, div. A, title III, §331, Dec. 22, 2023, 137 Stat. 221.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (f), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2023—Subsec. (f). Pub. L. 118–31 substituted "and annually thereafter through 2029," for "and quarterly thereafter,".

2022—Subsec. (e)(5), (6). Pub. L. 117–263 added pars. (5) and (6).
10 U.S.C. § 836 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter VII / Section 836: Art. 36. President may prescribe rules
Art. 36. President may prescribe rules
Status: in_force

(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.

(b) All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, §801(b), Nov. 9, 1979, 93 Stat. 811; Pub. L. 101–510, div. A, title XIII, §1301(4), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–366, §4(a)(3), Oct. 17, 2006, 120 Stat. 2631.)

Historical and Revision Notes

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

836(a)
836(b) 

50:611(a).
50:611(b). 

May 5, 1950, ch. 169, §1 (Art. 36), 64 Stat. 120.

In subsection (a), the word "considers" is substituted for the word "deems". The word "may" is substituted for the word "shall".

In subsection (b), the word "under" is substituted for the words "in pursuance of".

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–366, §4(a)(3)(A), inserted ", except as provided in chapter 47A of this title," after "but which may not".

Subsec. (b). Pub. L. 109–366, §4(a)(3)(B), inserted before period at end ", except insofar as applicable to military commissions established under chapter 47A of this title".

1990—Subsec. (b). Pub. L. 101–510 struck out "and shall be reported to Congress" after "as practicable".

1979—Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.
10 U.S.C. § 2304b (2024) — Title 10: ARMED FORCES / Chapter 137 / Section 2304b: Renumbered §3405
Renumbered §3405
Status: renumbered

[§2304b. Renumbered §3405]
10 U.S.C. § 4508 (2024) — Title 10: ARMED FORCES / Chapter 341 / Section 4508: Contractor performance of acquisition functions closely associated with inherently governmental functions
Contractor performance of acquisition functions closely associated with inherently governmental functions
Status: in_force

(a) Limitation.—The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that—

(1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;

(2) appropriate military or civilian personnel of the Department of Defense are—

(A) to supervise contractor performance of the contract; and

(B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and

(3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.

(b) Definitions.—In this section:

(1) The term "head of an agency" does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.

(2) The term "inherently governmental functions" has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.

(3) The term "functions closely associated with inherently governmental functions" means the functions described in section 7.503(d) of the Federal Acquisition Regulation.

(4) The term "organizational conflict of interest" has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.

(Added Pub. L. 108–375, div. A, title VIII, §804(a)(1), Oct. 28, 2004, 118 Stat. 2007, §2383; renumbered §4508 and amended Pub. L. 116–283, div. A, title XVIII, §1856(g), (i), Jan. 1, 2021, 134 Stat. 4275.)

Editorial Notes

Prior Provisions

A prior section 4508, acts Aug. 10, 1956, ch. 1041, 70A Stat. 253; Nov. 2, 1966, Pub. L. 89–718, §27, 80 Stat. 1119, which related tests of iron, steel, and other materials, was repealed by Pub. L. 103–160, div. A, title VIII, §822(b)(3), Nov. 30, 1993, 107 Stat. 1706.

Amendments

2021—Pub. L. 116–283 renumbered section 2383 of this title as this section.

Subsec. (b)(1). Pub. L. 116–283, §1856(i), which directed striking out "has the meaning given in section 2302(1) of this title, except that such term", was executed by striking out "has the meaning given such term in section 2302(1) of this title, except that such term" before "does not include", to reflect the probable intent of Congress.

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

Pub. L. 108–375, div. A, title VIII, §804(b), Oct. 28, 2004, 118 Stat. 2008, provided that: "Section 2383 of title 10, United States Code [now 10 U.S.C. 4508] (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act [Oct. 28, 2004]."
10 U.S.C. § 986 (2024) — Title 10: ARMED FORCES / Chapter 49 / Section 986: Policy regarding identification of gender or personal pronouns in official correspondence
Policy regarding identification of gender or personal pronouns in official correspondence
Status: in_force

The Secretary of Defense may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.

(Added Pub. L. 118–31, div. A, title V, §522(b), Dec. 22, 2023, 137 Stat. 249.)

Editorial Notes

Prior Provisions

A prior section 986, added Pub. L. 106–398, §1 [[div. A], title X, §1071(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; amended Pub. L. 107–107, div. A, title X, §1048(c)(3), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title X, §1062, Oct. 28, 2004, 118 Stat. 2056, prohibited the Department of Defense from granting or renewing security clearances for certain persons, prior to repeal by Pub. L. 110–181, div. A, title X, §1072(b)(1), (3), Jan. 28, 2008, 122 Stat. 329, 330, effective Jan. 1, 2008.
10 U.S.C. § 2201 (2024) — Title 10: ARMED FORCES / Chapter 131 / Section 2201: Apportionment of funds: authority for exemption; excepted expenses
Apportionment of funds: authority for exemption; excepted expenses
Status: in_force

(a) Exemption From Apportionment Requirement.—If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense.

(b) Airborne Alerts.—Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.

(c) Members on Active Duty.—Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41.

(d) Notification to Congress.—The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.

(Added Pub. L. 100–370, §1(d)(1)(A), July 19, 1988, 102 Stat. 841; amended Pub. L. 106–65, div. A, title X, §1032(a)(1), Oct. 5, 1999, 113 Stat. 751; Pub. L. 111–350, §5(b)(4), Jan. 4, 2011, 124 Stat. 3842.)

Historical and Revision Notes

Section is based on Pub. L. 99–190, §101(b) [title VIII, §8009], Dec. 19, 1985, 99 Stat. 1185, 1204.

In two instances, the source law to be codified by the bill includes provisions that on their face require that the Department of Defense notify Congress of certain actions. These notification requirements were terminated by section 602 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433), which terminated all recurring reporting requirements applicable to the Department of Defense except for those requirements that were specifically exempted in that section. The source law sections are sections 8009(c) and 8005(j) (proviso) of the FY86 defense appropriations Act (Public Law 99–190), enacted December 19, 1985, which would be codified as section 2201 of title 10 (by section 1(d) of the bill) and section 7313(a) of title 10 (by section 1(n) of the bill). In codifying the authorities provided the Department of Defense by these two provisions of law, the committee believes that it is appropriate to reinstate the congressional notification requirements that go with those authorities. These sections were recurring annual appropriation provisions for many years and were made permanent only months before the enactment of the 1986 Reorganization Act. It is the committee's belief that the failure to exempt these provisions from the general reports termination provision was inadvertent and notes that the notification provisions had in fact previously applied to the Department of Defense for many years. The action of the committee restores the status quo as it existed before the Reorganization Act.

Editorial Notes

Prior Provisions

A prior section 2201, act Aug. 10, 1956, ch. 1041, 70A Stat. 119, prescribed the general functions of the Secretary of Defense, prior to repeal by Pub. L. 85–599, §3(c), Aug. 6, 1958, 72 Stat. 516. See section 113 of this title.

Amendments

2011—Subsec. (b). Pub. L. 111–350, §5(b)(4)(A), substituted "section 6301(a) and (b)(1)–(3) of title 41" for "section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))".

Subsec. (c). Pub. L. 111–350, §5(b)(4)(B), substituted "section 6301(a) and (b)(1)–(3) of title 41" for "section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))".

1999—Subsec. (d). Pub. L. 106–65 substituted "Defense" for "Defense—", struck out par. (1) designation, substituted "this section." for "this section; and", and struck out par. (2) which read as follows: "shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c)."
10 U.S.C. § 16131a (2024) — Title 10: ARMED FORCES / Chapter 1606 / Section 16131a: Accelerated payment of educational assistance
Accelerated payment of educational assistance
Status: in_force

(a) The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.

(b) An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is—

(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and

(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.

(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of—

(A) the amount equal to 60 percent of the established charges for the program of education; or

(B) the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.

(2)(A) In this subsection, except as provided in subparagraph (B), the term "established charges", in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:

(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.

(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.

(B) In this subsection, the term "established charges" does not include any fees or payments attributable to the purchase of a vehicle.

(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.

(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding—

(1) the person's enrollment in and pursuit of the program of education; and

(2) the amount of the established charges for the program of education.

(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.

(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.

(f) The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.

(g) The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.

(Added Pub. L. 110–181, div. A, title V, §528(a)(1), Jan. 28, 2008, 122 Stat. 105.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–181, div. A, title V, §528(a)(3), Jan. 28, 2008, 122 Stat. 107, provided that: "The amendments made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date."
10 U.S.C. § 7001 (2024) — Title 10: ARMED FORCES / Chapter 701 / Section 7001: Definitions
Definitions
Status: in_force

In this title, the term "Army" means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force.

(Aug. 10, 1956, ch. 1041, 70A Stat. 157, §3001; Pub. L. 100–26, §7(k)(8), Apr. 21, 1987, 101 Stat. 284; renumbered §7001, Pub. L. 115–232, div. A, title VIII, §808(a), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes

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

3001 
5:181–3(a).
10:1a(a). 

June 28, 1950, ch. 383, §2(a), 64 Stat. 263.

The words "Army of the United States" and "are synonymous and" are omitted as surplusage, since the term "Army" is used throughout the revised title. 5:181–3(a) (last sentence) and 10:1a(a) (last sentence) are omitted as surplusage.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 3001 of this title as this section.

1987—Pub. L. 100–26 inserted "the term" after "In this title,".

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.

Deeming Rule for References to Provisions of Title 10 Redesignated by Pub. L. 115–232

Pub. L. 115–232, div. A, title VIII, §809(t), Aug. 13, 2018, 132 Stat. 1844, provided that: "Any reference in a provision of law (other than a provision amended by this section [see Tables for classification]) to a section or chapter redesignated by this part [part II (§§806–809) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification] shall be deemed to refer to the section or chapter as so redesignated."
10 U.S.C. § 2492a (2024) — Title 10: ARMED FORCES / Chapter 147 / Subchapter III / Section 2492a: Limitation on Department of Defense entities competing with private sector in offering personal information services
Limitation on Department of Defense entities competing with private sector in offering personal information services
Status: in_force

(a) Limitation.—(1) Notwithstanding section 2492 of this title, the Secretary of Defense may not authorize a Department of Defense entity to offer or provide personal information services directly to users using Department resources, personnel, or equipment, or compete for contracts to provide such personal information services directly to users, if users will be charged a fee for the personal information services to recover the cost incurred to provide the services or to earn a profit.

(2) The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of Department resources, personnel, or equipment to administer or facilitate personal information services contracts with private contractors.

(b) Exceptions.—The limitation in subsection (a) shall not apply if the Secretary of Defense determines that—

(1) a private sector vendor is not available to provide the personal information services at specific locations;

(2) the interests of the user population would be best served by allowing the Government to provide such services; or

(3) circumstances (as specified by the Secretary for purposes of this section) are such that the provision of such services by a Department entity is in the best interest of the Government or military users in general.

(c) Personal Information Services Defined.—In this section, the term "personal information services" means the provision of Internet, telephone, or television services to consumers.

(Added Pub. L. 111–84, div. A, title VI, §651(a), Oct. 28, 2009, 123 Stat. 2368.)

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 111–84, div. A, title VI, §651(c), Oct. 28, 2009, 123 Stat. 2369, provided that: "Section 2492a of title 10, United States Code, as added by subsection (a), does not affect the validity or terms of any contract for the provision of personal information services entered into before the date of the enactment of this Act [Oct. 28, 2009]."
10 U.S.C. § 2609 (2024) — Title 10: ARMED FORCES / Chapter 155 / Section 2609: Repealed. Pub. L. 104-106, div. A, title II, §253(9), Feb. 10, 1996, 110 Stat. 235
Repealed. Pub. L. 104-106, div. A, title II, §253(9), Feb. 10, 1996, 110 Stat. 235
Status: repealed

[§2609. Repealed. Pub. L. 104–106, div. A, title II, §253(9), Feb. 10, 1996, 110 Stat. 235]

Section, added Pub. L. 103–160, div. A, title II, §242(f)(1), Nov. 30, 1993, 107 Stat. 1605, related to acceptance of contributions from allies for Theater Missile Defense programs and establishment and use of Theater Missile Defense Cooperation Account.
10 U.S.C. § 12501 (2024) — Title 10: ARMED FORCES / Chapter 1213 / Section 12501: Reserve components: detail of members of regular and reserve components to assist
Reserve components: detail of members of regular and reserve components to assist
Status: in_force

The Secretary concerned shall detail such members of the regular and reserve components under his jurisdiction as are necessary to effectively develop, train, instruct, and administer those reserve components.

(Added Pub. L. 103–337, div. A, title XVI, §1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 715 of this title, prior to repeal by Pub. L. 103–337, §1662(g)(2).

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. § 637a (2024) — Title 10: ARMED FORCES / Chapter 36 / Subchapter IV / Section 637a: Continuation on active duty: officers in certain military specialties and career tracks
Continuation on active duty: officers in certain military specialties and career tracks
Status: in_force

(a) In General.—The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the separation or retirement of the officer in section 632, 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).

(b) Military Specialties.—Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).

(c) Duration of Continuation.—An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

(d) Regulations.—The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).

(Added Pub. L. 114–328, div. A, title V, §505(a)(1), Dec. 23, 2016, 130 Stat. 2107; amended Pub. L. 115–232, div. A, title V, §506, title X, §1081(a)(8), Aug. 13, 2018, 132 Stat. 1743, 1983; Pub. L. 116–92, div. A, title V, §504, Dec. 20, 2019, 133 Stat. 1345.)

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted "separation or" after "provided for the".

2018—Subsec. (a). Pub. L. 115–232, §506, substituted "grade O–2" for "grade O–4" and inserted "632," before "633,".

Subsec. (d). Pub. L. 115–232, §1081(a)(8), substituted "specialties" for "specialities".
10 U.S.C. § 2261 (2024) — Title 10: ARMED FORCES / Chapter 134 / Subchapter II / Section 2261: Presentation of recognition items for recruitment and retention purposes
Presentation of recognition items for recruitment and retention purposes
Status: in_force

(a) Expenditures for Recognition Items.—Under regulations prescribed by the Secretary of Defense, appropriated funds may be expended—

(1) to procure recognition items of nominal or modest value for recruitment or retention purposes; and

(2) to present such items—

(A) to members of the armed forces; and

(B) to members of the families of members of the armed forces, and other individuals, recognized as providing support that substantially facilitates service in the armed forces.

(b) Provision of Meals and Refreshments.—For purposes of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as persons who are the objects of recruiting efforts.

(c) Recognition Items of Nominal or Modest Value.—In this section, the term "recognition item of nominal or modest value" means a commemorative coin, medal, trophy, badge, flag, poster, painting, or other similar item that is valued at less than $50 per item and is designed to recognize or commemorate service in the armed forces.

(Added Pub. L. 109–163, div. A, title V, §589(a)(1), Jan. 6, 2006, 119 Stat. 3279; amended Pub. L. 109–364, div. A, title V, §594, Oct. 17, 2006, 120 Stat. 2235.)

Editorial Notes

Amendments

2006—Subsec. (d). Pub. L. 109–364 struck out heading and text of subsec. (d). Text read as follows: "The authority under this section shall expire December 31, 2007."
10 U.S.C. § 2435 (2024) — Title 10: ARMED FORCES / Chapter 144 / Section 2435: Renumbered §4214
Renumbered §4214
Status: renumbered

[§2435. Renumbered §4214]
10 U.S.C. § 2903 (2024) — Title 10: ARMED FORCES / Chapter 172 / Section 2903: Executive Director
Executive Director
Status: in_force

(a) There shall be an Executive Director of the Council appointed by the Secretary of Defense after consultation with the Secretary of Energy.

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Executive Director is responsible for the management of the Strategic Environmental Research and Development Program in accordance with the policies established by the Council.

(c) The Executive Director may enter into contracts using competitive procedures. The Executive Director may enter into other agreements in accordance with applicable law. In either case, the Executive Director shall first obtain the approval of the Council for any contract or agreement in an amount equal to or in excess of $500,000 or such lesser amount as the Council may prescribe.

(d)(1) The Executive Director, with the concurrence of the Council, may appoint such professional and clerical staff as may be necessary to carry out the responsibilities and policies of the Council.

(2) The Executive Director, with the concurrence of the Council and without regard to the provisions of chapter 51 of title 5 and subchapter III of chapter 53 of such title, may establish the rates of basic pay for professional, scientific, and technical employees appointed pursuant to paragraph (1).

(Added Pub. L. 101–510, div. A, title XVIII, §1801(a)(1), Nov. 5, 1990, 104 Stat. 1755; amended Pub. L. 102–25, title VII, §701(h)(2), Apr. 6, 1991, 105 Stat. 115; Pub. L. 103–160, div. A, title II, §265(b), Nov. 30, 1993, 107 Stat. 1611; Pub. L. 104–106, div. A, title II, §203(d), (e)(1), Feb. 10, 1996, 110 Stat. 218.)

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–106, §203(d), substituted "contracts using competitive procedures. The Executive Director may enter into" for "contracts or" and "law. In either case," for "law, except that".

Subsec. (d)(2). Pub. L. 104–106, §203(e)(1), struck out at end "The authority provided in the preceding sentence shall expire on September 30, 1995."

1993—Subsec. (d)(2). Pub. L. 103–160 substituted "September 30, 1995" for "November 5, 1992".

1991—Subsec. (d)(2). Pub. L. 102–25 substituted "on November 5, 1992" for "two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title II, §203(e)(2), Feb. 10, 1996, 110 Stat. 218, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as of September 29, 1995."
10 U.S.C. § 2350r (2024) — Title 10: ARMED FORCES / Chapter 138 / Subchapter II / Section 2350r: North Atlantic Treaty Organization Allied Special Operations Forces Command
North Atlantic Treaty Organization Allied Special Operations Forces Command
Status: in_force

(a) Authorization.—Of the amounts authorized to be appropriated for each fiscal year for operation and maintenance for the Army, the Secretary of Defense is authorized to use up to $55,000,000, to be derived from amounts made available for support of North Atlantic Treaty Organization (referred to in this section as "NATO") operations, for each such fiscal year for the purposes set forth in subsection (b).

(b) Purposes.—The Secretary shall provide funds for the NATO Allied Special Operations Forces Command—

(1) to improve coordination and cooperation between the special operations forces of NATO countries and countries approved by the North Atlantic Council as NATO partners;

(2) to facilitate joint operations by the special operations forces of NATO countries and such NATO partners;

(3) to support special operations forces peculiar command, control, and communications capabilities;

(4) to promote special operations forces intelligence and informational requirements within the NATO structure; and

(5) to promote interoperability through the development of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and training program.

(Added Pub. L. 117–263, div. A, title XII, §1271(a), Dec. 23, 2022, 136 Stat. 2860; amended Pub. L. 118–159, div. A, title XIII, §1301(a), Dec. 23, 2024, 138 Stat. 2110.)

Editorial Notes

Amendments

2024—Pub. L. 118–159, §1301(a)(1), substituted "Allied Special Operations Forces Command" for "Special Operations Headquarters" in section catchline.

Subsec. (a). Pub. L. 118–159, §1301(a)(2), substituted "$55,000,000" for "$50,000,000".

Subsec. (b). Pub. L. 118–159, §1301(a)(3), substituted "Allied Special Operations Forces Command" for "Special Operations Headquarters" in introductory provisions.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 118–159, div. A, title XIII, §1301(b), Dec. 23, 2024, 138 Stat. 2110, provided that: "Any reference to the North Atlantic Treaty Organization Special Operations Headquarters or NATO Special Operations Headquarters in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the North Atlantic Treaty Organization Allied Special Operations Forces Command."
10 U.S.C. § 8214 (2024) — Title 10: ARMED FORCES / Chapter 825 / Section 8214: Enlisted members: authority for transfer between Marine Corps and Hospital Corps of the Navy
Enlisted members: authority for transfer between Marine Corps and Hospital Corps of the Navy
Status: in_force

Under regulations prescribed by the Secretary of the Navy, enlisted members of the Marine Corps are eligible for transfer to the Hospital Corps of the Navy, and enlisted members of the Hospital Corps are eligible for transfer to the Marine Corps.

(Aug. 10, 1956, ch. 1041, 70A Stat. 375, §6014; renumbered §8214, 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)

6014 
34 U.S.C. 34 (proviso of 2d sentence). 
Aug. 29, 1916, ch. 417 (proviso of 2d sentence in 1st paragraph under "Hospital Corps"), 39 Stat. 572; Aug. 4, 1947, ch. 459, §301(a), 61 Stat. 738.

  
34 U.S.C. 34a. 
Aug. 4, 1947, ch. 459, §302, 61 Stat. 738.

The authority to transfer Navy personnel to the Hospital Corps and personnel of that Corps to other branches or designations in the Navy is omitted as unnecessary because transfers within the Navy are permitted under provisions which authorize the Secretary of the Navy to establish grades and ratings (34 U.S.C. 176) and to administer the Department (5 U.S.C. 171a(c)).

The saving provision of 34 U.S.C. 34a which provided that no person would suffer any reduction in grade, rating, or pay, is omitted as executed. It pertained to personnel who, when the Hospital Corps was reorganized under the Act of August 4, 1947, ch. 459, §§301, 302, 61 Stat. 738, were in grades and ratings prescribed by prior laws.

Editorial Notes

Prior Provisions

A prior section 8214, acts Aug. 10, 1956, ch. 1041, 70A Stat. 501; Sept. 2, 1958, Pub. L. 85–861, §1(159), 72 Stat. 1514, prescribed authorized strength of Regular Air Force in enlisted members on active duty, exclusive of officer candidates and aviation cadets, prior to repeal by Pub. L. 96–513, title II, §202, Dec. 12, 1980, 94 Stat. 2878, effective Sept. 15, 1981.

Amendments

2018—Pub. L. 115–232 renumbered section 6014 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. § 775 (2024) — Title 10: ARMED FORCES / Chapter 45 / Section 775: Issue of uniform without charge
Issue of uniform without charge
Status: in_force

(a) Issue of Uniform.—The Secretary concerned may issue a uniform, without charge, to any of the following members:

(1) A member who is being repatriated after being held as a prisoner of war.

(2) A member who is being treated at or released from a medical treatment facility as a consequence of being wounded or injured during military hostilities.

(3) A member who, as a result of the member's duties, has unique uniform requirements.

(4) Any other member, if the Secretary concerned determines, under exceptional circumstances, that the issue of the uniform to that member would significantly benefit the morale and welfare of the member and be advantageous to the armed force concerned.

(b) Retention of Uniform as a Personal Item.—Notwithstanding section 771a of this title, a uniform issued to a member under this section may be retained by the member as a personal item.

(Added Pub. L. 102–484, div. A, title III, §377(a)(2), Oct. 23, 1992, 106 Stat. 2386.)

Editorial Notes

Prior Provisions

A prior section 775 was renumbered section 776 of this title.