10 U.S.C. § 2613 (2024) — Title 10: ARMED FORCES / Chapter 155 / Section 2613: Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families
Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families
Status: in_force

(a) Authority to Accept Donation of Travel Benefits.—Subject to subsection (c), the Secretary of Defense may accept from any person or government agency the donation of travel benefits for the purposes of use under subsection (d).

(b) Travel Benefit Defined.—In this section, the term "travel benefit" means—

(1) frequent traveler miles, credits for tickets, or tickets for air or surface transportation issued by an air carrier or a surface carrier, respectively, that serves the public; and

(2) points or awards for free or reduced-cost accommodations issued by an inn, hotel, or other commercial establishment that provides lodging to transient guests.

(c) Condition on Authority to Accept Donation.—The Secretary may accept a donation of a travel benefit under this section only if the business entity referred to in subsection (b) that is the source of the benefit consents to such donation. Any such donation shall be under such terms and conditions as the business entity may specify, and the travel benefit so donated may be used only in accordance with the rules established by the business entity.

(d) Use of Donated Travel Benefits.—A travel benefit accepted under this section may be used only for the purpose of—

(1) facilitating the travel of a member of the armed forces who—

(A) is deployed on active duty outside the United States away from the permanent duty station of the member in support of a contingency operation; and

(B) is granted, during such deployment, rest and recuperative leave, emergency leave, convalescent leave, or another form of leave authorized for the member; or

(2) in the case of a member of the armed forces recuperating from an injury or illness incurred or aggravated in the line of duty during such a deployment, facilitating the travel of family members of the member in order to be reunited with the member.

(e) Administration.—(1) The Secretary shall designate a single office in the Department of Defense to carry out this section. That office shall develop rules and procedures to facilitate the acceptance and distribution of travel benefits under this section.

(2) For the use of travel benefits under subsection (d)(2) by family members of a member of the armed forces, the Secretary may, as the Secretary determines appropriate, limit—

(A) eligibility to family members who, by reason of affinity, degree of consanguinity, or otherwise, are sufficiently close in relationship to the member of the armed forces to justify the travel assistance;

(B) the number of family members who may travel; and

(C) the number of trips that family members may take.

(3) The Secretary of Defense may, in an exceptional case, authorize a person not described in subsection (d)(2) to use a travel benefit accepted under this subsection to visit a member of the armed forces described in subsection (d)(1) if that person has a notably close relationship with the member. The travel benefit may be used by such person only in accordance with such conditions and restrictions as the Secretary determines appropriate and the rules established by the business entity referred to in subsection (b) that is the source of the travel benefit.

(f) Services of Nonprofit Organization.—The Secretary of Defense may enter into an agreement with a nonprofit organization to use the services of the organization—

(1) to promote the donation of travel benefits under this section, except that amounts appropriated to the Department of Defense may not be expended for this purpose; and

(2) to assist in administering the collection, distribution, and use of travel benefits under this section.

(g) Family Member Defined.—In this section, the term "family member" has the meaning given that term in section 451(a) of title 37.

(Added Pub. L. 108–375, div. A, title V, §585(a)(1), Oct. 28, 2004, 118 Stat. 1930; amended Pub. L. 109–364, div. A, title X, §1071(a)(20), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 112–81, div. A, title V, §576(a)–(d)(1), title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1428, 1429, 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 115–232, div. A, title X, §1081(a)(25), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 117–263, div. A, title VI, §626(c)(8), Dec. 23, 2022, 136 Stat. 2628.)

Editorial Notes

Codification

Another section 2613 was renumbered section 2614 of this title.

Amendments

2022—Subsec. (g). Pub. L. 117–263 substituted "section 451(a)" for "section 481h(b)".

2018—Subsec. (g). Pub. L. 115–232 substituted "481h(b)" for "481h(b)(1)".

2013—Subsec. (g). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Pub. L. 112–81, §576(d)(1), substituted "Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families" for "Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and their families" in section catchline.

Subsec. (b). Pub. L. 112–81, §576(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) defined travel benefit.

Subsec. (c). Pub. L. 112–81, §576(b), substituted "the business entity referred to in subsection (b)" for "the air or surface carrier" and substituted "the business entity" for "the surface carrier" and for "the carrier".

Subsec. (e)(3). Pub. L. 112–81, §576(c), substituted "the business entity referred to in subsection (b)" for "the air carrier or surface carrier".

Subsec. (g). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "481h(b)(1)" for "411h(b)(1)".

2006—Subsec. (b). Pub. L. 109–364 substituted "In this" for "In the".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
10 U.S.C. § 2614 (2024) — Title 10: ARMED FORCES / Chapter 155 / Section 2614: Emergency communications equipment: acceptance from local public safety agencies for temporary use related to disasters
Emergency communications equipment: acceptance from local public safety agencies for temporary use related to disasters
Status: in_force

(a) Authority to Accept Equipment.—(1) Subject to subsection (c), the Secretary concerned—

(1) may accept communications equipment for use in coordinating joint response and recovery operations with public safety agencies in the event of a disaster; and

(2) may accept services related to the operation and maintenance of such equipment.

(b) Regulations.—The authority under subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense.

(c) Limitations.—(1) Equipment may be accepted under subsection (a)(1) only to the extent that communications equipment under the control of the Secretary concerned at the potential disaster response site is inadequate to meet military requirements for communicating with public safety agencies during the period of response to the disaster.

(2) Services may be accepted under subsection (a)(2) related to the operation and maintenance of communications equipment only to the extent that the necessary capabilities are not available to the military commander having custody of the equipment.

(d) Liability.—A person providing services accepted under this section may not be considered, by reason of the provision of such services, to be an officer, employee, or agent of the United States for any purpose.

(Added Pub. L. 108–375, div. A, title X, §1051(a), Oct. 28, 2004, 118 Stat. 2053, §2613; renumbered §2614 and amended Pub. L. 109–364, div. A, title X, §1071(a)(19)(A), Oct. 17, 2006, 120 Stat. 2399.)

Editorial Notes

Amendments

2006—Pub. L. 109–364 renumbered section 2613 of this title as this section and redesignated the second subsec. (c) as (d).
10 U.S.C. § 908 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 908: Art. 108. Military property of United States-Loss, damage, destruction, or wrongful disposition
Art. 108. Military property of United States-Loss, damage, destruction, or wrongful disposition
Status: in_force

Any person subject to this chapter who, without proper authority—

(1) sells or otherwise disposes of;

(2) willfully or through neglect damages, destroys, or loses; or

(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of;

any military property of the United States, shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.)

Historical and Revision Notes

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

908 
50:702. 
May 5, 1950, ch. 169, §1 (Art. 108), 64 Stat. 138.
10 U.S.C. § 9039 (2024) — Title 10: ARMED FORCES / Chapter 905 / Section 9039: Chief of Chaplains: appointment; duties
Chief of Chaplains: appointment; duties
Status: in_force

(a) Chief of Chaplains.—(1) There is a Chief of Chaplains for the Air Force and the Space Force, appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force designated under section 9067(h) of this title as chaplains who—

(A) are serving on active duty; and

(B) have served on active duty as a chaplain for at least eight years.

(2) An officer appointed as the Chief of Chaplains shall be appointed for a term of three years. However, the President may terminate or extend the appointment at any time.

(3) The Chief of Chaplains shall perform such duties as may be prescribed by the Secretary of the Air Force and by law.

(b) Selection Board.—Under regulations approved by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President for appointment as the Chief of Chaplains, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to the selection boards convened under chapter 36 of this title.

(c) Grade of Chief of Chaplains.—The Chief of Chaplains, while so serving, holds the grade of major general.

(Added Pub. L. 112–239, div. A, title V, §508(a), Jan. 2, 2013, 126 Stat. 1716, §8039; amended Pub. L. 114–328, div. A, title V, §502(mm), Dec. 23, 2016, 130 Stat. 2106; renumbered §9039 and amended Pub. L. 115–232, div. A, title V, §510(c), title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1833, 1840; Pub. L. 116–283, div. A, title IX, §923(b)(8), Jan. 1, 2021, 134 Stat. 3809.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "for the Air Force and the Space Force" for "in the Air Force".

2018—Pub. L. 115–232, §806(c), renumbered section 8039 of this title as this section.

Subsec. (a)(1). Pub. L. 115–232, §809(a), substituted "section 9067(h)" for "section 8067(h)" in introductory provisions.

Subsec. (c). Pub. L. 115–232, §510(c), added subsec. (c).

2016—Subsec. (a)(1). Pub. L. 114–328, §502(mm)(1), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "are serving in the grade of colonel or above;".

Subsec. (c). Pub. L. 114–328, §502(mm)(2), struck out subsec. (c). Text read as follows: "An officer appointed as Chief of Chaplains who holds a lower regular grade may be appointed in the regular grade of major general."

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by sections 806(c) and 809(a) 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.

Service of Incumbents in Certain Positions Without Reappointment

For continued service of Chief of Chaplains for the Air Force and the Space Force under this section after Jan. 1, 2021, without further appointment, notwithstanding amendment by section 923(b)(8) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title.
10 U.S.C. § 9326 (2024) — Title 10: ARMED FORCES / Chapter 941 / Section 9326: Computation of years of service: voluntary retirement; regular and reserve commissioned officers
Computation of years of service: voluntary retirement; regular and reserve commissioned officers
Status: in_force

(a) For the purpose of determining whether an officer of the Air Force or the Space Force may be retired under section 9311, 9318, or 9324 of this title, the officer's years of service are computed by adding—

(1) all active service performed as a member of the Army, the Air Force, or the Space Force; and

(2) all service in the Navy or Marine Corps that may be included in determining the eligibility of an officer of the Navy or Marine Corps for retirement.

(b) For the purpose of determining whether a medical officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer's years of service are computed by adding to the officer's service under subsection (a) all service performed as a contract surgeon, acting assistant surgeon, or contract physician, under a contract to serve full time and to take and change station as ordered.

(c) For the purpose of determining whether a dental officer of the Regular Air Force may be retired under section 9311, 9318, or 9324 of this title, the officer's years of service are computed by adding to the officer's service under subsection (a) all service as a contract dental surgeon or acting dental surgeon.

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 552, §8926; Pub. L. 86–197, §1(8), Aug. 25, 1959, 73 Stat. 426; Pub. L. 101–189, div. A, title VI, §652(a)(7), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–106, div. A, title V, §561(d)(4)(B), Feb. 10, 1996, 110 Stat. 323; renumbered §9326 and amended Pub. L. 115–232, div. A, title VIII, §§806(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, §923(c)(19), Jan. 1, 2021, 134 Stat. 3812.)

Historical and Revision Notes

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

8926(a)

 

 

 

 

 

 

 

 
8926(b)

8926(c) 

10:951 (less applicability to 10:166g(a)).
10:951a.

10:951b (less applicability to 10:166g(a)).

[Uncodified June 18, 1878, ch. 263, §7 (less applicability to 10:166g(a)), 20 Stat. 150.]

10:953a (1st sentence).

10:953a (less 1st sentence). 

June 3, 1916, ch. 134, §127a (6th par., less 1st 13 words, and less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended); added June 4, 1920, ch. 227, subch. I, §51 (6th par., less 1st 13 words, and less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 41 Stat. 785.

  
 
May 23, 1928, ch. 716, 45 Stat. 720.

  
 
June 15, 1935, ch. 257 (less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 49 Stat. 377.

  
 
June 18, 1878, ch. 263, §7 (less applicability to §108(a) of the Act of Apr. 16, 1949, ch. 38, as amended), 20 Stat. 150.

  
 
May 29, 1928, ch. 902, 45 Stat. 996; Jan. 29, 1938, ch. 12, §2, 52 Stat. 8.

Subsection (a) consolidates the various service computation provisions applicable to voluntary retirement of commissioned officers. Clause (1) is substituted for 10:951. Clause (2) is substituted for 10:951b. The words "pay period and", in 10:951a, are omitted as superseded by section 202 of the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233). The words "longevity pay and", in section 7 of the Act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for the same reason. The last sentence of section 7 of that act is omitted, since the distinction between limited and unlimited retired lists was abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084. Clause (3) is inserted, since a person entitled to count service under section 8683 of this title might cease to be a nurse or woman medical specialist and thereafter become entitled to retire under one of the revised sections referred to in subsection (a) of this revised section.

In subsection (b), the words "as a member of the Medical Reserve Corps", in 10:953a, are omitted as covered by subsection (a)(1). The words "are computed by adding to his service under subsection (a)" are substituted for the words "shall be credited to the same extent as service under a Regular Army commission".

Subsection (c) is substituted for 10:953a (less 1st sentence).

Editorial Notes

Amendments

2021—Pub. L. 116–283, §923(c)(19)(B), which directed amendment of subsec. (a) by substituting "the officer's" for "his" wherever appearing, was executed by making the substitution wherever appearing in this section to reflect the probable intent of Congress.

Subsec. (a). Pub. L. 116–283, §923(c)(19)(A)(i), inserted "or the Space Force" after "of the Air Force" in introductory provisions.

Subsec. (a)(1). Pub. L. 116–283, §923(c)(19)(A)(ii), substituted ", the Air Force, or the Space Force" for "or the Air Force".

2018—Pub. L. 115–232, §806(b)(13), renumbered section 8926 of this title as this section.

Subsecs. (a) to (c). Pub. L. 115–232, §809(a), substituted "section 9311, 9318, or 9324" for "section 8911, 8918, or 8924".

1996—Subsec. (d). Pub. L. 104–106 added subsec. (d).

1989—Subsec. (a)(1). Pub. L. 101–189, §652(a)(7)(A)(i), inserted "and" after semicolon at end.

Subsec. (a)(2). Pub. L. 101–189, §652(a)(7)(A)(ii), substituted period for semicolon at end.

Subsec. (a)(3), (4). Pub. L. 101–189, §652(a)(7)(A)(iii), struck out pars. (3) and (4) which read as follows:

"(3) all service computed under section 8683 of this title; and

"(4) if an officer of the Regular Air Force, all active service performed as an officer of the Philippine Constabulary."

Subsec. (d). Pub. L. 101–189, §652(a)(7)(B), struck out subsec. (d) which read as follows: "For the purpose of determining whether an Air Force nurse or medical specialist may be retired under section 8911 of this title, all service computed under section 8683 of this title, shall be treated as if it was service as a commissioned officer."

1959—Subsec. (d). Pub. L. 86–197 added subsec. (d).

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 1996 Amendment

Amendment by Pub. L. 104–106 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 a note under section 972 of this title.
10 U.S.C. § 9628 (2024) — Title 10: ARMED FORCES / Chapter 969 / Section 9628: Airplane parts and accessories: civilian flying schools
Airplane parts and accessories: civilian flying schools
Status: in_force

The Secretary of the Air Force may sell, to civilian flying schools at which personnel of the Department of the Air Force or the Department of the Army are receiving flight training under contracts requiring these schools to maintain and repair airplanes of the Air Force furnished to them for flight training, the spare parts and accessories needed for those repairs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 581.)

Historical and Revision Notes

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

9628 
10:298c. 
Feb. 12, 1940, ch. 27, Title I (proviso under "Air Corps"), 54 Stat. 25.

The words "under the provisions of the Act of April 3, 1939 (53 Stat. 555)", are omitted as obsolete, since training formerly performed under that act is now performed under section 9301 of this title. The words "personnel of the Departments" are substituted for the words "flying cadets", since the authority is reciprocal, and to conform to section 9656 of this title. The words "flying cadet" are omitted as obsolete. 10:298c (last 28 words) is omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)
10 U.S.C. § 7801 (2024) — Title 10: ARMED FORCES / Chapter 781 / Section 7801: Definition
Definition
Status: in_force

In this chapter, the term "settle" means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.

(Aug. 10, 1956, ch. 1041, 70A Stat. 270, §4801; Pub. L. 100–180, div. A, title XII, §1231(19)(B), Dec. 4, 1987, 101 Stat. 1161; renumbered §7801, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839.)

Historical and Revision Notes

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

4801 
[No source]. 
[No source].

The revised section is inserted for clarity, and is based on usage in the source laws for this revised chapter.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4801 of this title as this section.

1987—Pub. L. 100–180 inserted "the term" after "In this chapter,".

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. § 5537 (2024) — Title 10: ARMED FORCES / Chapter 551 / Subchapter III / Section 5537: Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites
Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites
Status: in_force

(a) Production of Satellites and Ground Systems.—The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites.

(b) Prototype Satellites.—(1) The Director, with the concurrence of the Space Acquisition Council established by section 9021 of this title, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency.

(2) Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under paragraph (1), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence.

(3) The Director may not obligate funds for the production of a prototype satellite under paragraph (1) before the date on which the Space Acquisition Council submits the report for such prototype satellite under paragraph (2).

(Added Pub. L. 118–159, div. A, title XVI, §1649(a), Dec. 23, 2024, 138 Stat. 2197.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 117–81, div. A, title XVI, §1662(a), Dec. 27, 2021, 135 Stat. 2103, which was set out in a note under section 4022 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, §1649(b)(2), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 2838 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter II / Section 2838: Leasing of military family housing to Secretary of Defense
Leasing of military family housing to Secretary of Defense
Status: in_force

(a) Authority.—(1) The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title).

(2) In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.

(b) Rental Rate.—A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O–⁠10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.

(c) Treatment of Proceeds.—(1) The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.

(2) The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.

(Added Pub. L. 110–417, div. B, title XXVIII, §2804(a), Oct. 14, 2008, 122 Stat. 4720.)
10 U.S.C. § 335 (2024) — Title 10: ARMED FORCES / Chapter 16 / Subchapter IV / Section 335: Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security
Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security
Status: in_force

(a) Authority.—The Secretary of Defense may pay the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security:

(1) Defense personnel of friendly foreign governments.

(2) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and nongovernmental personnel.

(b) Limitation.—

(1) In general.—Except as provided in paragraph (2), the authority provided in subsection (a) may only be used for the payment of such expenses of, and special compensation for, such personnel from developing countries.

(2) Exception.— The Secretary may authorize the payment of such expenses of, and special compensation for, such personnel from a country other than a developing country if the Secretary determines that such payment is—

(A) necessary to respond to extraordinary circumstances; and

(B) in the national security interest of the United States.

(Added Pub. L. 117–263, div. A, title XII, §1201(a), Dec. 23, 2022, 136 Stat. 2822.)

Editorial Notes

Prior Provisions

A prior section 335 was renumbered section 255 of this title.
10 U.S.C. § 4659 (2024) — Title 10: ARMED FORCES / Chapter 363 / Section 4659: Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel
Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel
Status: in_force

(a) Policy.—Under section 3(5)(A) 1 of the Export Administration Act of 1979 (50 U.S.C. 4602(5)(A)), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States person.

(b) Prohibition.—(1) Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the simplified acquisition threshold (as defined in section 134 of title 41) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel.

(2) In paragraph (1), the term "foreign entity" means a foreign person, a foreign company, or any other foreign entity.

(c) Waiver Authority.—The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States.

(d) Exceptions.—Subsection (b) does not apply—

(1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or

(2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.

(Added Pub. L. 102–484, div. A, title XIII, §1332(a), Oct. 23, 1992, 106 Stat. 2555, §2410i; amended Pub. L. 111–350, §§4, 5(b)(31), Jan. 4, 2011, 124 Stat. 3841, 3845; Pub. L. 114–328, div. A, title X, §1081(b)(3)(D), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, §1051(a)(16), Dec. 12, 2017, 131 Stat. 1561; renumbered §4659, Pub. L. 116–283, div. A, title XVIII, §1862(b), Jan. 1, 2021, 134 Stat. 4277.)

Editorial Notes

References in Text

Section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)(A)), referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.

Amendments

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

2017—Subsec. (c). Pub. L. 115–91 struck out at end "Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year."

2016—Subsec. (a). Pub. L. 114–328 substituted "(50 U.S.C. 4602(5)(A))" for "(50 U.S.C. App. 2402(5)(A))".

2011—Subsec. (b)(1). Pub. L. 111–350 substituted "simplified acquisition threshold (as defined in section 134 of title 41)" for "small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))".

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.

1 See References in Text note below.
10 U.S.C. § 12774 (2024) — Title 10: ARMED FORCES / Chapter 1225 / Section 12774: Retired lists
Retired lists
Status: in_force

(a) Under regulations prescribed by the Secretary concerned, there shall be maintained retired lists containing the names of the Reserves of the armed forces under the Secretary's jurisdiction who are in the Retired Reserve.

(b) The Secretary of the Navy shall maintain a United States Naval Reserve Retired List containing the names of members of the Navy Reserve and the Marine Corps Reserve entitled to retired pay.

(Added Pub. L. 103–337, div. A, title XVI, §1662(k)(1), Oct. 5, 1994, 108 Stat. 3006; amended Pub. L. 109–163, div. A, title V, §515(b)(1)(NN), Jan. 6, 2006, 119 Stat. 3234.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 1376(a) and 6017 of this title, prior to repeal by Pub. L. 103–337, §1662(k)(2), (3)(A)(i).

Amendments

2006—Subsec. (b). Pub. L. 109–163 substituted "the Navy Reserve" for "the Naval Reserve".

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. § 4655 (2024) — Title 10: ARMED FORCES / Chapter 363 / Section 4655: Prohibition of contractors limiting subcontractor sales directly to the United States
Prohibition of contractors limiting subcontractor sales directly to the United States
Status: in_force

(a) Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not—

(1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or

(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1).

(b) This section does not prohibit a contractor from asserting rights it otherwise has under law.

(c) This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in section 134 of title 41).

(d)(1) An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor.

(2) In paragraph (1), the terms "commercial product" and "commercial service" have the meanings given those terms in sections 103 and 103a, respectively, of title 41.

(Added Pub. L. 98–525, title XII, §1234(a), Oct. 19, 1984, 98 Stat. 2601, §2402; amended Pub. L. 103–355, title IV, §4102(f), title VIII, §8105(g), Oct. 13, 1994, 108 Stat. 3340, 3392; Pub. L. 111–350, §5(b)(25), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, §836(e)(4), Aug. 13, 2018, 132 Stat. 1869; renumbered §4655, Pub. L. 116–283, div. A, title XVIII, §1862(b), Jan. 1, 2021, 134 Stat. 4277.)

Editorial Notes

Prior Provisions

A prior section 4655 was renumbered section 7655 of this title.

Amendments

2021—Pub. L. 116–283 renumbered section 2402 of this title as this section.

2018—Subsec. (d)(1). Pub. L. 115–232, §836(e)(4)(A), substituted "commercial products or commercial services" for "commercial items" in two places.

Subsec. (d)(2). Pub. L. 115–232, §836(e)(4)(B), substituted "the terms 'commercial product' and 'commercial service' have the meanings given those terms in sections 103 and 103a, respectively, of title 41." for "the term 'commercial item' has the meaning given such term in section 103 of title 41."

2011—Subsec. (c). Pub. L. 111–350, §5(b)(25)(A), substituted "section 134 of title 41)" for "section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))".

Subsec. (d)(2). Pub. L. 111–350, §5(b)(25)(B), substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))".

1994—Subsecs. (c), (d). Pub. L. 103–355 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

Effective Date of 2018 Amendment

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

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title.

Effective Date

Pub. L. 98–525, title XII, §1234(c), Oct. 19, 1984, 98 Stat. 2604, provided that: "Section 2402 of title 10, United States Code [now 10 U.S.C. 4655] (as added by subsection (a)), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 19, 1984]."
10 U.S.C. § 3572 (2024) — Title 10: ARMED FORCES / Chapter 251 / Section 3572: Implementation of simplified acquisition procedures
Implementation of simplified acquisition procedures
Status: in_force

The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 1901 of title 41 shall apply as provided in such section to the agencies named in section 3063 of this title.

(Added Pub. L. 103–355, title IV, §4203(a)(1), Oct. 13, 1994, 108 Stat. 3345, §2302b; amended Pub. L. 111–350, §5(b)(10), Jan. 4, 2011, 124 Stat. 3843; renumbered §3572 and amended Pub. L. 116–283, div. A, title XVIII, §1823(b), (c)(2), Jan. 1, 2021, 134 Stat. 4205.)

Editorial Notes

Prior Provisions

A prior section 3572 was renumbered section 7222 of this title.

Amendments

2021—Pub. L. 116–283 renumbered section 2302b of this title as this section and substituted "section 3063" for "section 2303(a)".

2011—Pub. L. 111–350 substituted "section 1901 of title 41" for "section 31 of the Office of Federal Procurement Policy Act".

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

For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 8752 of this title.
10 U.S.C. § 2564a (2024) — Title 10: ARMED FORCES / Chapter 152 / Section 2564a: Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans
Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans
Status: in_force

(a) Program Authorized.—(1) The Secretary of Defense may establish a military adaptive sports program to support the provision of adaptive sports programming for—

(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and

(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran's date of separation, who—

(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;

(ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and

(iii) was enrolled in the program authorized under this section prior to the veteran's date of separation.

(2) In establishing the military adaptive sports program, the Secretary of Defense shall—

(A) consult with the Secretary of Veterans Affairs; and

(B) avoid duplicating programs conducted by the Secretary of Veterans Affairs under section 521A of title 38.

(b) Provision of Assistance; Purpose.—(1) Under such criteria as the Secretary of Defense may establish under the military adaptive sports program, the Secretary may award grants to, or enter into contracts and cooperative agreements with, entities for the purpose of planning, developing, managing, and implementing adaptive sports programming for members and veterans described in subsection (a).

(2) The Secretary of Defense shall use competitive procedures to award any grant or to enter into any contract or cooperative agreement under this subsection.

(c) Use of Assistance.—Assistance provided under the military adaptive sports program shall be used—

(1) for the purposes specified in subsection (b); and

(2) for such related activities and expenses as the Secretary of Defense may authorize.

(Added Pub. L. 112–81, div. A, title V, §589(a), Dec. 31, 2011, 125 Stat. 1437; amended Pub. L. 116–92, div. A, title V, §592(a)–(c)(1), Dec. 20, 2019, 133 Stat. 1414, 1415.)

Editorial Notes

Amendments

2019—Pub. L. 116–92, §592(c)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "Provision of assistance for adaptive sports programs for members of the armed forces".

Subsec. (a)(1). Pub. L. 116–92, §592(a), substituted "for—" and subpars. (A) and (B) for "for members of the armed forces who are eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty in the armed forces."

Subsec. (b). Pub. L. 116–92, §592(b), inserted "and veterans" after "members".
10 U.S.C. § 7442a (2024) — Title 10: ARMED FORCES / Chapter 753 / Section 7442a: Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
Status: in_force

(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.

(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.

(Added Pub. L. 117–81, div. A, title V, §553(a)(1), Dec. 27, 2021, 135 Stat. 1736.)
10 U.S.C. § 8753 (2024) — Title 10: ARMED FORCES / Chapter 873 / Section 8753: Tolls and fares: payment or reimbursement
Tolls and fares: payment or reimbursement
Status: in_force

Naval appropriations chargeable for transportation or travel are available for the payment or reimbursement of ferry, bridge, and similar tolls and of streetcar, bus, and similar fares.

(Aug. 10, 1956, ch. 1041, 70A Stat. 464, §7523; renumbered §8753, Pub. L. 115–232, div. A, title VIII, §807(d)(7), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

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

7523 
34 U.S.C. 899a. 
Aug. 2, 1946, ch. 756, §23, 60 Stat. 856.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7523 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. § 10152 (2024) — Title 10: ARMED FORCES / Chapter 1005 / Section 10152: Standby Reserve: inactive status list
Standby Reserve: inactive status list
Status: in_force

An inactive status list shall be maintained in the Standby Reserve. Whenever an authority designated by the Secretary concerned considers that it is in the best interest of the armed force concerned, a member in the Standby Reserve who is not required to remain a Reserve, and who cannot participate in prescribed training, may, if qualified, be transferred to the inactive status list under regulations to be prescribed by the Secretary concerned. These regulations shall fix the conditions under which such a member is entitled to be returned to an active status.

(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(b) 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. § 20251 (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter IV / Section 20251: Failure of selection for promotion
Failure of selection for promotion
Status: in_force

(a) In General.—Except as provided in this section, sections 14501, 14503, and 1 14504, 631, and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—

(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and

(2) any reference in those sections to a board convened under section 14201 2 or section 611 of this title shall apply to a board convened under section 20211 of this title.

(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.

(c) Retirement Authorities.—In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.

(d) Effect of Failure of Selection.—In the administration of this chapter pursuant to subsection (a)—

(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title; and

(2) any reference in section 631(a) or 632(a) of this title, or in sections 14504 through 14506 of this title, to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer on the Space Force officer list who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 649; amended Pub. L. 118–159, div. A, title V, §521(u), Dec. 23, 2024, 138 Stat. 1883.)

Editorial Notes

References in Text

Section 14201 of this title, referred to in subsec. (a)(2), probably should be section 14101 of this title, which relates to convening of selection boards. There is no section 14201 of this title.

Codification

Another section 20251 was renumbered section 20252 of this title by section 521(v)(2) of Pub. L. 118–159. The amendments made by section 521(u) of Pub. L. 118–159 to section 20251 of this title were executed to this section to reflect the probable intent of Congress.

Amendments

2024—Subsec. (a). Pub. L. 118–159, §521(u)(1)(A), substituted "14504, 631, and 632" for "14504 and section 631 and 632" in introductory provisions. See Codification note above.

Subsec. (a)(2). Pub. L. 118–159, §521(u)(1)(B), substituted "section 14201 or section 611" for "section 14201 or 611". See Codification note above.

Subsec. (d)(1). Pub. L. 118–159, §521(u)(2), substituted "14501(b)" for "14502(b)". See Codification note above.

1 So in original.

2 See References in Text note below.
10 U.S.C. § 1373 (2024) — Title 10: ARMED FORCES / Chapter 69 / Section 1373: Higher grade for later physical disability: retired officers recalled to active duty
Higher grade for later physical disability: retired officers recalled to active duty
Status: in_force

Unless entitled to a higher retired grade under some other provision of law, a member of an armed force whose retired pay is computed under section 1402(d) or 1402a(d) of this title is entitled, upon his release from active duty, to the grade equivalent to the grade or rank upon which his retired pay is based under that section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 96–342, title VIII, §813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104.)

Historical and Revision Notes

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

1373 
37:272(d) (last proviso, as applicable to retired grade).
37:279 (as applicable to 37:272(d) (last proviso)). 

Oct. 12, 1949, ch. 681, §§402(d) (last proviso, as applicable to retired grade), 409 (as applicable to §402(d) (last proviso)), 63 Stat. 819, 823.

The applicability of the rule stated in 37:279 to all members whose retired pay is computed under 37:272(d) (last proviso) is based on an opinion of the Judge Advocate General of the Army (JAGA 1953/3305, 24 Apr. 1953).

Editorial Notes

Amendments

1980—Pub. L. 96–342 inserted reference to section 1402a(d) of this title.
10 U.S.C. § 8047 (2024) — Title 10: ARMED FORCES / Chapter 806 / Section 8047: Legislative Assistant to the Commandant
Legislative Assistant to the Commandant
Status: in_force

There is in the Marine Corps a Legislative Assistant to the Commandant.

(Added Pub. L. 107–314, div. A, title V, §504(d)(3)(A), Dec. 2, 2002, 116 Stat. 2532, §5047; amended Pub. L. 114–328, div. A, title V, §502(y), Dec. 23, 2016, 130 Stat. 2104; renumbered §8047, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 5047 of this title as this section.

2016—Pub. L. 114–328 struck out second sentence which read as follows: "An officer assigned to that position shall be in a grade above colonel."

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. § 1746a (2024) — Title 10: ARMED FORCES / Chapter 87 / Subchapter IV / Section 1746a: Acquisition workforce educational partnerships
Acquisition workforce educational partnerships
Status: in_force

(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—

(1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 4142 of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense;

(2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce;

(3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking;

(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce;

(5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and

(6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by—

(A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 4142 of this title;

(B) supporting the preparation and drafting of the reports required under subsection (f)(2); and

(C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period.

(b) Senior Official.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section.

(c) Support From Other Department of Defense Organizations.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.

(d) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section.

(e) Annual Reports.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted.

(f) Exemption to Report Termination Requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section.

(g) Definitions.—In this section:

(1) Acquisition workforce.—The term "acquisition workforce" has the meaning given such term in section 1705(g) of this title.

(2) Extramural institutions.—The term "extramural institutions" means participants in an activity established under section 4142 of this title, public sector organizations, and nonprofit credentialing organizations.

(Added Pub. L. 117–81, div. A, title VIII, §801(a), Dec. 27, 2021, 135 Stat. 1811; amended Pub. L. 116–283, div. A, title XVIII, §1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)

Editorial Notes

References in Text

The enactment of this section, referred to in subsec. (b), probably means the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2021—Subsecs. (a)(1), (6)(A), (g)(2). Pub. L. 116–283 substituted "section 4142" for "section 2361a".

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. § 9272 (2024) — Title 10: ARMED FORCES / Chapter 937 / Section 9272: Air Force cross: award
Air Force cross: award
Status: in_force

The President may award an Air Force cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Air Force or the Space Force, distinguishes himself by extraordinary heroism not justifying the award of a medal of honor—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540, §8742; Pub. L. 86–593, §1(1), July 6, 1960, 74 Stat. 331; Pub. L. 88–77, §3(2), July 25, 1963, 77 Stat. 94; renumbered §9272, Pub. L. 115–232, div. A, title VIII, §806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, §923(c)(12)(A)(ii), Jan. 1, 2021, 134 Stat. 3811.)

Historical and Revision Notes

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

8742 
10:1406. 
July 9, 1918, ch. 143 (9th par. under "Ordnance Department"), 40 Stat. 870.

The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words "since the 6th day of April, 1917" are omitted as executed. The word "award" is substituted for the word "present" to cover the determination of the recipients as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words "or herself" are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words "or who shall hereafter distinguish" are omitted as surplusage.

Editorial Notes

Amendments

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

2018—Pub. L. 115–232 renumbered section 8742 of this title as this section.

1963—Pub. L. 88–77 enlarged the authority to award the Air Force cross, which was limited to those cases in which persons distinguished themselves in connection with military operations against an armed enemy, to permit its award for extraordinary heroism not justifying the award of a medal of honor, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

1960—Pub. L. 86–593 substituted "Air Force cross" for "Distinguished-service cross" in section catchline, and substituted "an Air Force cross" for "a distinguished-service cross" in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

References to Distinguished-Service Cross and Soldier's Medal Considered Made to Air Force Cross and Airman's Medal

Pub. L. 86–593, §3, July 6, 1960, 74 Stat. 332, provided that: "References that other laws, regulations, and orders make, with respect to the Air Force, to the distinguished-service cross and the Soldier's Medal shall be considered to be made to the Air Force cross and the Airman's Medal, respectively."
10 U.S.C. § 2216 (2024) — Title 10: ARMED FORCES / Chapter 131 / Section 2216: Renumbered §3136
Renumbered §3136
Status: renumbered

[§2216. Renumbered §3136]

Editorial Notes

Prior Provisions

A prior section 2216, added Pub. L. 104–106, div. A, title III, §371(a)(1), Feb. 10, 1996, 110 Stat. 277, was renumbered section 2216a of this title and subsequently repealed.

Another prior section 2216, added Pub. L. 99–661, div. A, title XIII, §1307(a)(1), Nov. 14, 1986, 100 Stat. 3980, related to annual reports on budgeting for inflation, prior to repeal by Pub. L. 101–510, div. A, title XIII, §1301(8), Nov. 5, 1990, 104 Stat. 1668.
10 U.S.C. § 393 (2024) — Title 10: ARMED FORCES / Chapter 19 / Section 393: Reporting on penetrations of networks and information systems of certain contractors
Reporting on penetrations of networks and information systems of certain contractors
Status: in_force

(a) Procedures for Reporting Penetrations.—The Secretary of Defense shall establish procedures that require each cleared defense contractor to report to a component of the Department of Defense designated by the Secretary for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.

(b) Networks and Information Systems Subject to Reporting.—

(1) Criteria.—The Secretary of Defense shall designate a senior official to, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a).

(2) Officials.—The officials specified in this subsection are the following:

(A) The Under Secretary of Defense for Policy.

(B) The Under Secretary of Defense for Acquisition and Sustainment.

(C) the Under Secretary of Defense for Research and Engineering.

(D) The Under Secretary of Defense for Intelligence and Security.

(E) The Chief Information Officer of the Department of Defense.

(F) The Commander of the United States Cyber Command.

(c) Procedure Requirements.—

(1) Rapid reporting.—The procedures established pursuant to subsection (a) shall require each cleared defense contractor to rapidly report to a component of the Department of Defense designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following:

(A) A description of the technique or method used in such penetration.

(B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration.

(C) A summary of information created by or for the Department in connection with any Department program that has been potentially compromised due to such penetration.

(2) Access to equipment and information by department of defense personnel.—The procedures established pursuant to subsection (a) shall—

(A) include mechanisms for Department of Defense personnel to, upon request, obtain access to equipment or information of a cleared defense contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor;

(B) provide that a cleared defense contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for the Department in connection with any Department program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and

(C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.

(3) Dissemination of information.—The procedures established pursuant to subsection (a) shall limit the dissemination of information obtained or derived through such procedures to entities—

(A) with missions that may be affected by such information;

(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(C) that conduct counterintelligence or law enforcement investigations; or

(D) for national security purposes, including cyber situational awareness and defense purposes.

(d) Protection From Liability of Cleared Defense Contractors.—(1) No cause of action shall lie or be maintained in any court against any cleared defense contractor, and such action shall be promptly dismissed, for compliance with this section that is conducted in accordance with the procedures established pursuant to subsection (a).

(2)(A) Nothing in this section shall be construed—

(i) to require dismissal of a cause of action against a cleared defense contractor that has engaged in willful misconduct in the course of complying with the procedures established pursuant to subsection (a); or

(ii) to undermine or limit the availability of otherwise applicable common law or statutory defenses.

(B) In any action claiming that paragraph (1) does not apply due to willful misconduct described in subparagraph (A), the plaintiff shall have the burden of proving by clear and convincing evidence the willful misconduct by each cleared defense contractor subject to such claim and that such willful misconduct proximately caused injury to the plaintiff.

(C) In this subsection, the term "willful misconduct" means an act or omission that is taken—

(i) intentionally to achieve a wrongful purpose;

(ii) knowingly without legal or factual justification; and

(iii) in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.

(e) Definitions.—In this section:

(1) Cleared defense contractor.—The term "cleared defense contractor" means a private entity granted clearance by the Department of Defense to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of the Department of Defense.

(2) Covered network.—The term "covered network" means a network or information system of a cleared defense contractor that contains or processes information created by or for the Department of Defense with respect to which such contractor is required to apply enhanced protection.

(Added and amended Pub. L. 114–92, div. A, title XVI, §1641(a), Nov. 25, 2015, 129 Stat. 1114; Pub. L. 116–92, div. A, title IX, §902(8), title XVI, §1621(e)(1)(A)(vi), Dec. 20, 2019, 133 Stat. 1543, 1733; Pub. L. 116–283, div. A, title X, §1081(a)(15), Jan. 1, 2021, 134 Stat. 3871; Pub. L. 117–81, div. A, title X, §1081(a)(9), Dec. 27, 2021, 135 Stat. 1920.)

Editorial Notes

Codification

Section, as added and amended by Pub. L. 114–92, is based on Pub. L. 112–239, div. A, title IX, §941, Jan. 2, 2013, 126 Stat. 1889, which was formerly set out as a note under section 2224 of this title before being transferred to this chapter and renumbered as this section.

Amendments

2021—Subsec. (b)(2)(D). Pub. L. 117–81 inserted period at end.

Pub. L. 116–283 substituted "of Defense for Intelligence and Security" for "of Defense for Intelligence."

2019—Subsec. (b)(2)(B). Pub. L. 116–92, §902(8)(A), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".

Subsec. (b)(2)(C). Pub. L. 116–92, §1621(e)(1)(A)(vi), which directed amendment of subpar. (C) by substituting "Under Secretary of Defense for Intelligence and Security" for "Under Secretary of Defense for Intelligence", could not be executed because the words "Under Secretary of Defense for Intelligence" did not appear. Similar amendment was subsequently directed to subpar. (D) by Pub. L. 116–283, see 2021 Amendment note above.

Pub. L. 116–92, §902(8)(B), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(2)(D) to (F). Pub. L. 116–92, §902(8)(C), redesignated subpars. (C) to (E) as (D) to (F), respectively.

2015—Pub. L. 114–92, §1641(a)(1), substituted "Reporting on penetrations of networks and information systems of certain contractors" for "Reports to Department of Defense on penetrations of networks and information systems of certain contractors" in section catchline.

Pub. L. 114–92, §1641(a), transferred section 941 of Pub. L. 112–239 to this chapter and renumbered it as this section. See Codification note above.

Subsec. (c)(3). Pub. L. 114–92, §1641(a)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the Department of Defense of information obtained or derived through such procedures that is not created by or for the Department except with the approval of the contractor providing such information."

Subsec. (d). Pub. L. 114–92, §1641(a)(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:

"(1) In general.—Not later than 90 days after the date of the enactment of this Act—

"(A) the Secretary of Defense shall establish the procedures required under subsection (a); and

"(B) the senior official designated under subsection (b)(1) shall establish the criteria required under such subsection.

"(2) Applicability date.—The requirements of this section shall apply on the date on which the Secretary of Defense establishes the procedures required under this section."
10 U.S.C. § 3103 (2024) — Title 10: ARMED FORCES / Chapter 205 / Section 3103: Civilian management of the defense acquisition system
Civilian management of the defense acquisition system
Status: in_force

(a) Responsibility of the Under Secretary of Defense for Acquisition and Sustainment.—Subject to the authority, direction and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for the management of the defense acquisition system and shall exercise such control of the system and perform such duties as are necessary to ensure the successful and efficient operation of the defense acquisition system, including the duties enumerated and assigned to the Under Secretary elsewhere in this title.

(b) Responsibility of the Service Acquisition Executives.—Subject to the direction of the Under Secretary of Defense for Acquisition and Sustainment on matters pertaining to acquisition, and subject to the authority, direction, and control of the Secretary of the military department concerned, a service acquisition executive of a military department shall be responsible for the management of elements of the defense acquisition system in that military department and shall exercise such control of the system and perform such duties as are necessary to ensure the successful and efficient operation of such elements of the defense acquisition system.

(Added Pub. L. 111–383, div. A, title VIII, §861(a), Jan. 7, 2011, 124 Stat. 4288, §2546; amended Pub. L. 116–92, div. A, title IX, §902(78), Dec. 20, 2019, 133 Stat. 1552; renumbered §3103, Pub. L. 116–283, div. A, title XVIII, §1808(a)(2), Jan. 1, 2021, 134 Stat. 4159.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2546 of this title as this section.

2019—Subsec. (a). Pub. L. 116–92, §902(78)(A), (B), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics" in heading and text.

Subsec. (b). Pub. L. 116–92, §902(78)(C), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".

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. § 14517 (2024) — Title 10: ARMED FORCES / Chapter 1407 / Section 14517: Entitlement of officers discharged under this chapter to separation pay
Entitlement of officers discharged under this chapter to separation pay
Status: in_force

An officer who is discharged under section 14513, 14514, or 14515 of this title is entitled to separation pay under section 1174 of this title if otherwise eligible under that section.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2954.)

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. § 152 (2024) — Title 10: ARMED FORCES / Chapter 5 / Section 152: Chairman: appointment; grade and rank
Chairman: appointment; grade and rank
Status: in_force

(a) Appointment; Term of Office.—(1) There is a Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. The Chairman serves at the pleasure of the President for a term of four years, beginning on October 1 of an odd-numbered year. The limitation does not apply in time of war.

(2) In the event of the death, retirement, resignation, or reassignment of the officer serving as Chairman before the end of the term for which the officer was appointed, an officer appointed to fill the vacancy shall serve as Chairman only for the remainder of the original term, but may be reappointed as provided in paragraph (1).

(3) The President may extend to eight years the combined period of service of an officer as Chairman and Vice Chairman if the President determines that such action is in the national interest. The limitation in this paragraph does not apply in time of war.

(b) Requirement for Appointment.—(1) The President may appoint an officer as Chairman of the Joint Chiefs of Staff only if the officer has served as—

(A) the Vice Chairman of the Joint Chiefs of Staff;

(B) the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Chief of Space Operations; or

(C) the commander of a unified or specified combatant command.

(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest.

(c) Grade and Rank.—The Chairman, while so serving, holds the grade of general or, in the case of the Navy, admiral, and outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces.

(Added Pub. L. 99–433, title II, §201, Oct. 1, 1986, 100 Stat. 1006; amended Pub. L. 100–180, div. A, title XIII, §1314(b)(1)(A), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 114–328, div. A, title IX, §921(b)(1), Dec. 23, 2016, 130 Stat. 2351; Pub. L. 116–283, div. A, title IX, §924(b)(7)(A), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–159, div. A, title V, §521(a), Dec. 23, 2024, 138 Stat. 1880.)

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted "general or, in the case of the Navy, admiral" for "general, in the case of the Navy, admiral, or, in the case of an officer of the Space Force, the equivalent grade".

2021—Subsec. (b)(1)(B). Pub. L. 116–283, §924(b)(7)(A)(i), which directed substitution of "the Commandant of the Marine Corps, or the Chief of Space Operations" for "or the Commandant of the Marine Corps" in subpar. (C), was executed by making the substitution in subpar. (B), to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 116–283, §924(b)(7)(A)(ii), which directed substitution of ", in the case of the Navy, admiral, or, in the case of an officer of the Space Force, the equivalent grade," for "or, in the case of the Navy, admiral", was executed by making the substitution for "or, in the case of an officer of the Navy, admiral", to reflect the probable intent of Congress.

2016—Subsec. (a)(1). Pub. L. 114–328, §921(b)(1)(A), substituted "four years, beginning on October 1 of an odd-numbered year. The limitation does not apply in time of war." for "two years, beginning on October 1 of odd-numbered years. Subject to paragraph (3), an officer serving as Chairman may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments."

Subsec. (a)(3). Pub. L. 114–328, §921(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "An officer may not serve as Chairman or Vice Chairman of the Joint Chiefs of Staff if the combined period of service of such officer in such positions exceeds six years. However, the President may extend to eight years the combined period of service an officer may serve in such positions if he determines such action is in the national interest. The limitations of this paragraph do not apply in time of war."

1987—Pub. L. 100–180 substituted "grade and rank" for "rank" in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, §921(b)(2), Dec. 23, 2016, 130 Stat. 2351, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on January 1, 2019, and shall apply to individuals appointed as Chairman of the Joint Chiefs of Staff on or after that date."
10 U.S.C. § 130a (2024) — Title 10: ARMED FORCES / Chapter 3 / Section 130a: Department of Defense support for funerals and memorial events for Members and former Members of Congress
Department of Defense support for funerals and memorial events for Members and former Members of Congress
Status: in_force

(a) Support for Funerals.—Subject to subsection (b), the Secretary of Defense may provide such support as the Secretary considers appropriate for a funeral or memorial event for a Member or former Member of Congress, including support with respect to transportation to and from such a funeral or memorial event, in accordance with this section.

(b) Requests for Support; Secretary Determination.—The Secretary may provide support under this section—

(1) upon request from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, or the Minority Leader of the Senate; or

(2) if the Secretary determines such support is necessary to carry out duties or responsibilities of the Department of Defense.

(c) Use of Funds.—The Secretary may use funds authorized to be appropriated for operation and maintenance to provide support under this section.

(Added Pub. L. 117–263, div. A, title X, §1042(a), Dec. 23, 2022, 136 Stat. 2770.)

Editorial Notes

Prior Provisions

A prior section 130a, added Pub. L. 105–85, div. A, title IX, §911(a)(1), Nov. 18, 1997, 111 Stat. 1857; amended Pub. L. 106–65, div. A, title IX, §921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106–398, §1 [[div. A], title IX, §941], Oct. 30, 2000, 114 Stat. 1654, 1654A–241; Pub. L. 108–375, div. A, title X, §1084(d)(2), Oct. 28, 2004, 118 Stat. 2061, related to major Department of Defense headquarters activities personnel, prior to repeal by Pub. L. 110–181, div. A, title IX, §901(a)(1), Jan. 28, 2008, 122 Stat. 272.
10 U.S.C. § 2308 (2024) — Title 10: ARMED FORCES / Chapter 137 / Section 2308: Renumbered §3069
Renumbered §3069
Status: renumbered

[§2308. Renumbered §3069]

Editorial Notes

Prior Provisions

A prior section 2308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 131; Oct. 23, 1992, Pub. L. 102–484, div. A, title VIII, §820(a), 106 Stat. 2458; May 31, 1993, Pub. L. 103–35, title II, §201(e)(2), 107 Stat. 99; Nov. 30, 1993, Pub. L. 103–160, div. A, title IX, §904(d)(1), 107 Stat. 1728, related to assignment and delegation of procurement functions and responsibilities, prior to repeal by Pub. L. 103–355, title I, §1503(b)(1), title X, §10001, Oct. 13, 1994, 108 Stat. 3297, 3404, effective Oct. 13, 1994, except as otherwise provided.
10 U.S.C. § 4752 (2024) — Title 10: ARMED FORCES / Chapter 367 / Section 4752: Remission of liquidated damages
Remission of liquidated damages
Status: in_force

Upon the recommendation of the head of an agency, the Secretary of the Treasury may remit all or part, as he considers just and equitable, of any liquidated damages assessed for delay in performing a contract, made by that agency, that provides for such damages.

(Aug. 10, 1956, ch. 1041, 70A Stat. 132, §2312; Pub. L. 104–316, title II, §202(c), Oct. 19, 1996, 110 Stat. 3842; renumbered §4752, Pub. L. 116–283, div. A, title XVIII, §1864(b), Jan. 1, 2021, 134 Stat. 4279.)

Historical and Revision Notes

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

2312 
41:155. 
Feb. 19, 1948, ch. 65, §6, 62 Stat. 24.

The words "a contract, made by that agency, that provides for" are substituted for the words "any contract made on behalf of the Government by the agency head or by officers authorized by him so to do includes a provision".

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2312 of this title as this section.

1996—Pub. L. 104–316 substituted "Secretary of the Treasury" for "Comptroller General".

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. § 8777 (2024) — Title 10: ARMED FORCES / Chapter 877 / Section 8777: Quarters: Nurse Corps officers; assignment in hospitals
Quarters: Nurse Corps officers; assignment in hospitals
Status: in_force

Under such regulations as the Secretary of the Navy prescribes, officers in the Nurse Corps may be assigned quarters in naval hospitals.

(Aug. 10, 1956, ch. 1041, 70A Stat. 469, §7577; renumbered §8777, 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)

7577 
34 U.S.C. 43h(a) (2d proviso, less 1st 21 words). 
Apr. 16, 1947, ch. 38, §208(a) (2d proviso, less 1st 25 words), 61 Stat. 50.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7577 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. § 8226 (2024) — Title 10: ARMED FORCES / Chapter 825 / Section 8226: Fatality reviews
Fatality reviews
Status: in_force

(a) Review of Fatalities.—The Secretary of the Navy shall conduct a multidisciplinary, impartial review (referred to as a "fatality review") in the case of each fatality known or suspected to have resulted from domestic violence or child abuse against any of the following.

(1) A member of the naval service on active duty.

(2) A current or former dependent of a member of the naval service on active duty.

(3) A current or former intimate partner who has a child in common or has shared a common domicile with a member of the naval service on active duty.

(b) Matters To Be Included.—The report of a fatality review under subsection (a) shall, at a minimum, include the following:

(1) An executive summary.

(2) Data setting forth victim demographics, injuries, autopsy findings, homicide or suicide methods, weapons, police information, assailant demographics, and household and family information.

(3) Legal disposition.

(4) System intervention and failures, if any, within the Department of Defense.

(5) A discussion of significant findings.

(6) Recommendations for systemic changes, if any, within the Department of the Navy and the Department of Defense.

(c) OSD Guidance.—The Secretary of Defense shall prescribe guidance, which shall be uniform for the military departments, for the conduct of reviews by the Secretary under subsection (a).

(Added Pub. L. 108–136, div. A, title V, §576(b)(1), Nov. 24, 2003, 117 Stat. 1487, §6036; renumbered §8226, Pub. L. 115–232, div. A, title VIII, §807(b)(7), Aug. 13, 2018, 132 Stat. 1834.)

Editorial Notes

Prior Provisions

A prior section 8230, added Pub. L. 85–861, §1(164)(B), Sept. 2, 1958, 72 Stat. 1515, provided that members of Air Force who are detailed for any duty with agencies of United States outside the Department of Defense on a reimbursable basis not be counted in computing strengths under any law, prior to repeal by Pub. L. 96–513, title II, §232, Dec. 12, 1980, 94 Stat. 2886, effective Sept. 15, 1981.

Amendments

2018—Pub. L. 115–232 renumbered section 6036 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.

Effective Date

Section applicable to fatalities that occur on or after Nov. 24, 2003, see section 576(d) of Pub. L. 108–136, set out as a note under section 7381 of this title.
10 U.S.C. § 2684 (2024) — Title 10: ARMED FORCES / Chapter 159 / Section 2684: Cooperative agreements for management of cultural resources
Cooperative agreements for management of cultural resources
Status: in_force

(a) Authority.—The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural resources. Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.

(b) Authorized Cultural Resources Sites.—To be covered by a cooperative agreement under subsection (a), cultural resources must be located—

(1) on a military installation; or

(2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.

(c) Application of Other Laws.—Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section.

(d) Cultural Resource Defined.—In this section, the term "cultural resource" means any of the following:

(1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.

(2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)).

(3) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)).

(4) An archaeological artifact collection and associated records covered by section 79 of title 36, Code of Federal Regulations.

(5) An Indian sacred site, as defined in section 1(b)(iii) of Executive Order No. 13007.

(Added Pub. L. 104–201, div. B, title XXVIII, §2862(a), Sept. 23, 1996, 110 Stat. 2804; amended Pub. L. 105–85, div. A, title X, §1073(a)(58), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 110–181, div. B, title XXVIII, §2824, Jan. 28, 2008, 122 Stat. 545; Pub. L. 113–287, §5(b), Dec. 19, 2014, 128 Stat. 3264; Pub. L. 114–92, div. A, title X, §1081(a)(10), Nov. 25, 2015, 129 Stat. 1001.)

Editorial Notes

References in Text

Executive Order No. 13007, referred to in subsec. (d)(5), is set out under section 1996 of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 2684, added Pub. L. 93–166, title V, §509(a), Nov. 29, 1973, 87 Stat. 677, related to construction of family quarters and limitations on space, prior to repeal by Pub. L. 97–214, §§7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2826 of this title.

Amendments

2015—Subsec. (d)(1). Pub. L. 114–92 substituted "section 302101 of title 54" for "section 2023.01 of title 54".

2014—Subsec. (d)(1). Pub. L. 113–287, which directed the substitution of "section 2023.01 of title 54" for "section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))" in subsec. (c)(1), was executed by making the substitution in subsec. (d)(1) to reflect the probable intent of Congress and the prior redesignation of subsec. (c) as (d) by Pub. L. 110–181, §2824(a)(2). See 2008 Amendment note below.

2008—Subsec. (a). Pub. L. 110–181, §2824(a)(1), substituted "located on a site authorized by subsection (b)" for "on military installations".

Subsecs. (b) to (d). Pub. L. 110–181, §2824(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Subsec. (d)(5). Pub. L. 110–181, §2824(b), added par. (5).

1997—Subsec. (b). Pub. L. 105–85 struck out ", United States Code," after "title 31".
10 U.S.C. § 2673 (2024) — Title 10: ARMED FORCES / Chapter 159 / Section 2673: Repealed. Pub. L. 108-375, div. B, title XXVIII, §2821(d)(2), Oct. 28, 2004, 118 Stat. 2130
Repealed. Pub. L. 108-375, div. B, title XXVIII, §2821(d)(2), Oct. 28, 2004, 118 Stat. 2130
Status: repealed

[§2673. Repealed. Pub. L. 108–375, div. B, title XXVIII, §2821(d)(2), Oct. 28, 2004, 118 Stat. 2130]

Section, added Pub. L. 100–370, §1(l)(1), July 19, 1988, 102 Stat. 849, related to availability of funds for acquisition of certain interests in land.

A prior section 2673, added Pub. L. 85–861, §1(51), Sept. 2, 1958, 72 Stat. 1459, related to restoration or replacement of facilities damaged or destroyed, prior to repeal by Pub. L. 97–214, §7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2854 of this title.
10 U.S.C. § 2783 (2024) — Title 10: ARMED FORCES / Chapter 165 / Section 2783: Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds
Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds
Status: in_force

(a) Regulation of Management and Use of Nonappropriated Funds.—The Secretary of Defense shall prescribe regulations governing—

(1) the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and

(2) the financial management of such funds to prevent waste, loss, or unauthorized use.

(b) Penalties for Violations.—(1) A civilian employee of the Department of Defense who is paid from nonappropriated funds and who commits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appropriated funds. The Secretary of Defense shall prescribe regulations to carry out this paragraph.

(2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chapter 47 of this title (the Uniform Code of Military Justice) is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice).

(c) Notification of Violations.—(1) A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appropriated funds), and a member of the armed forces, whose duties include the obligation of nonappropriated funds, shall notify the Secretary of Defense of information which the person reasonably believes evidences—

(A) a violation by another person of any law, rule, or regulation regarding the management of such funds; or

(B) other mismanagement or gross waste of such funds.

(2) The Secretary of Defense shall designate civilian employees of the Department of Defense or members of the armed forces to receive a notification described in paragraph (1) and ensure the prompt investigation of the validity of information provided in the notification.

(3) The Secretary shall prescribe regulations to protect the confidentiality of a person making a notification under paragraph (1).

(Added Pub. L. 102–484, div. A, title III, §362(a), Oct. 23, 1992, 106 Stat. 2379, §2490a; renumbered §2783 and amended Pub. L. 103–160, div. A, title XI, §1182(a)(8)(A), Nov. 30, 1993, 107 Stat. 1771.)

Editorial Notes

Amendments

1993—Pub. L. 103–160 renumbered section 2490a of this title as this section.

Subsec. (b)(2). Pub. L. 103–160, §1182(a)(8)(A)(i), substituted "chapter 47 of this title" for "chapter 47 of title 10, United States Code", "Justice) is" for "Justice), is", and "section 892 of this title" for "section 892 of such title".

Subsec. (c)(1). Pub. L. 103–160, §1182(a)(8)(A)(ii), substituted "armed forces" for "Armed Forces".

Statutory Notes and Related Subsidiaries

Standardization of Certain Programs and Activities of Military Exchanges

Pub. L. 102–484, div. A, title III, §361, Oct. 23, 1992, 106 Stat. 2379, directed the Secretary of Defense to standardize among the military departments the accounting, financial reporting formats, and automatic data processing and telecommunications data transfer of information by no later than Mar. 31, 1994, and report to Congress, no later than Mar. 31, 1993, on other programs and activities that could be standardized or consolidated.
10 U.S.C. § 7274 (2024) — Title 10: ARMED FORCES / Chapter 737 / Section 7274: Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award
Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award
Status: in_force

(a) No more than one distinguished-service cross or distinguished-service medal may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a medal or cross, the President may award a suitable bar or other device to be worn as he directs.

(b) Except as provided in subsection (c), no medal of honor, distinguished-service cross, distinguished-service medal, or device in place thereof, may be awarded to a person unless—

(1) the award is made within five years after the date of the act justifying the award;

(2) a statement setting forth the distinguished service and recommending official recognition of it was made within three years after the distinguished service; and

(3) it appears from records of the Department of the Army that the person is entitled to the award.

(c) If the Secretary of the Army determines that—

(1) a statement setting forth the distinguished service and recommending official recognition of it was made and supported by sufficient evidence within three years after the distinguished service; and

(2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on;

a medal of honor, distinguished-service cross, distinguished-service medal, or device in place thereof, as the case may be, may be awarded to the person concerned within two years after the date of that determination.

(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3744; Pub. L. 86–582, §1(1), July 5, 1960, 74 Stat. 320; Pub. L. 113–66, div. A, title V, §§561(a), 562(a), Dec. 26, 2013, 127 Stat. 766; renumbered §7274, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title V, §582(b)(1), Dec. 20, 2019, 133 Stat. 1412.)

Historical and Revision Notes

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

3744(a)
3744(b)

 
3744(c) 

10:1411.
10:1409 (words before 1st semicolon).

10:1409 (words after 2d semicolon). 

July 9, 1918, ch. 143 (12th par., less words after 2d semicolon, under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §1 (less last sentence), 41 Stat. 398.

  
 
July 9, 1918, ch. 143 (less words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871.

In subsection (a), the words "may be awarded to a person" are substituted for the words "shall be issued to any one person" to conform to the other subsections of the revised section.

In subsection (b), the word "thereof" is substituted for the words "of either of said medal or of said cross". The words "Except as otherwise prescribed in this section", "at the time of", "specific", "official", and "has so distinguished himself as" are omitted as surplusage.

In subsection (c), 10:1409 (words after 3d semicolon) is omitted as executed. The words "hereinbefore authorized" are omitted as surplusage.

Editorial Notes

Amendments

2019—Subsec. (b). Pub. L. 116–92, §582(b)(1)(A), substituted "subsection (c)" for "subsection (d)" in introductory provisions.

Subsecs. (c), (d). Pub. L. 116–92, §582(b)(1)(B), (C), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "No medal of honor, distinguished-service cross, distinguished-service medal, or device in place thereof, may be awarded or presented to a person whose service after he distinguished himself has not been honorable."

2018—Pub. L. 115–232 renumbered section 3744 of this title as this section.

2013—Subsec. (a). Pub. L. 113–66, §561(a), substituted "distinguished-service cross" for "medal of honor, distinguished-service cross,".

Subsec. (b)(1). Pub. L. 113–66, §562(a)(1)(A), substituted "five years" for "three years".

Subsec. (b)(2). Pub. L. 113–66, §562(a)(1)(B), substituted "three years" for "two years".

Subsec. (d)(1). Pub. L. 113–66, §562(a)(2), substituted "three years" for "two years".

1960—Subsec. (b). Pub. L. 86–582, §1(1)(A), substituted "Except as provided in subsection (d), no" for "No."

Subsec. (d). Pub. L. 86–582, §1(1)(B), added subsec. (d).

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. § 2532 (2024) — Title 10: ARMED FORCES / Chapter 148 / Subchapter V / Section 2532: Renumbered §4852
Renumbered §4852
Status: renumbered

[§2532. Renumbered §4852]
10 U.S.C. § 8742 (2024) — Title 10: ARMED FORCES / Chapter 871 / Section 8742: Physical examination: employees engaged in hazardous occupations
Physical examination: employees engaged in hazardous occupations
Status: in_force

(a) The Secretary of the Navy may provide for physical examination by civilians of employees engaged in hazardous occupations, where the professional services of the Medical Department are not available. The Secretary may compensate these civilians for their services, on a contract or fee basis, at the rates customary in the locality.

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 462, §7472; renumbered §8742, Pub. L. 115–232, div. A, title VIII, §807(d)(6), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

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

7472 
5 U.S.C. 415c. 
Aug. 2, 1946, ch. 756, §2, 60 Stat. 853.

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

In subsection (b) the words "except the authority to prescribe regulations" are omitted, since 5 U.S.C. 415c contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section.

Editorial Notes

Prior Provisions

A prior section 8742 was renumbered section 9272 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 7472 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. § 649g (2024) — Title 10: ARMED FORCES / Chapter 36 / Subchapter VI / Section 649g: 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 Services.—Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.

(b) Selective Early Retirement.—Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).

(Added Pub. L. 115–232, div. A, title V, §507(a)(1), Aug. 13, 2018, 132 Stat. 1747.)
10 U.S.C. § 8431 (2024) — Title 10: ARMED FORCES / Chapter 852 / Section 8431: Recruit basic training: separate housing for male and female recruits
Recruit basic training: separate housing for male and female recruits
Status: in_force

(a) Physically Separate Housing.—(1) The Secretary of the Navy shall provide for housing male recruits and female recruits separately and securely from each other during basic training.

(2) To meet the requirements of paragraph (1), the sleeping areas and latrine areas provided for male recruits shall be physically separated from the sleeping areas and latrine areas provided for female recruits by permanent walls, and the areas for male recruits and the areas for female recruits shall have separate entrances.

(3) The Secretary shall ensure that, when a recruit is in an area referred to in paragraph (2), the area is supervised by one or more persons who are authorized and trained to supervise the area.

(b) Alternative Separate Housing.—If male recruits and female recruits cannot be housed as provided under subsection (a) by October 1, 2001, at a particular installation, the Secretary of the Navy shall require (on and after that date) that male recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for males and that female recruits in basic training at such installation be housed in barracks or other troop housing facilities that are only for females.

(c) Construction Planning.—In planning for the construction of housing to be used for housing recruits during basic training, the Secretary of the Navy shall ensure that the housing is to be constructed in a manner that facilitates the housing of male recruits and female recruits separately and securely from each other.

(d) Basic Training Defined.—In this section, the term "basic training" means the initial entry training programs of the Navy and Marine Corps that constitute the basic training of new recruits.

(Added Pub. L. 105–261, div. A, title V, §521(b)(1), Oct. 17, 1998, 112 Stat. 2010, §6931; renumbered §8431, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6931 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.

Implementation

Pub. L. 105–261, div. A, title V, §521(b)(3), Oct. 17, 1998, 112 Stat. 2011, provided that: "The Secretary of the Navy shall implement section 6931 [now 8431] of title 10, United States Code, as added by paragraph (1), as rapidly as feasible and shall ensure that the provisions of that section are applied to all recruit basic training classes beginning not later than the first such class that enters basic training on or after April 15, 1999."
10 U.S.C. § 20240 (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter III / Section 20240: Acceptance of promotions; oath of office
Acceptance of promotions; oath of office
Status: in_force

(a) Acceptance.—An officer who is appointed to a higher grade under section 20239 of this title is considered to have accepted the appointment on the date on which the appointment is made unless the officer expressly declines the appointment.

(b) Oath.—An officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 20239 of this title.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 647.)
10 U.S.C. § 8186 (2024) — Title 10: ARMED FORCES / Chapter 823 / Section 8186: Technical institutions: detail of naval officers to promote knowledge of naval engineering and naval architecture
Technical institutions: detail of naval officers to promote knowledge of naval engineering and naval architecture
Status: in_force

(a) To promote a knowledge of naval engineering and naval architecture, the President, upon the application of any established scientific school or college in the United States, the Commonwealths or possessions, may detail a qualified officer of the Navy as a professor in that school or college. The number of officers detailed under this section may not exceed 25 at any one time.

(b) The President may prescribe regulations for detailing such officers and may recall them when the public interest requires.

(Aug. 10, 1956, ch. 1041, 70A Stat. 374, §5986; Pub. L. 109–163, div. A, title X, §1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; renumbered §8186, Pub. L. 115–232, div. A, title VIII, §807(b)(6), Aug. 13, 2018, 132 Stat. 1834.)

Historical and Revision Notes

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

5986 
34 U.S.C. 1126. 
Feb. 26, 1879, ch. 105, 20 Stat. 322.

In subsection (a) the words "To promote" are substituted for the words "For the purposes of promoting" for brevity and the words "among the young men of the United States" are omitted as surplusage. The words "naval engineering" are substituted for the words "steam engineering" and the words "naval architecture" are substituted for the words "iron-ship building" to conform to current terminology and to express more clearly the intent of the statute. The words "the Territories, Commonwealths, or possessions" are inserted, since the words "United States" in the source statute are considered to have included all areas under the United States flag.

Section 1 of the Act of March 3, 1899, ch. 413, 30 Stat. 1004, transferred officers of the Engineer Corps of the Navy to the line of the Navy; therefore, in subsection (a) the words "qualified officer" are substituted for the words "engineer officer" to preserve the meaning of the section and to include any officer possessing adequate background and training in engineering duties.

In subsection (b) the word "regulations" is substituted for the word "rules", and the words "public interest" are substituted for the words "public service" to conform to current terminology.

Editorial Notes

Prior Provisions

A prior section 8201, acts Aug. 10, 1956, ch. 1041, 70A Stat. 497; Sept. 2, 1958, Pub. L. 85–861, §1(157), 72 Stat. 1513; Oct. 13, 1964, Pub. L. 88–647, title III, §301(20), 78 Stat. 1073, prescribed authorized strength of Air Force in members on active duty, exclusive of certain categories, and authorized daily average strength of Air Force in members on active duty during fiscal year, exclusive of certain categories, prior to repeal by Pub. L. 96–513, title II, §202, Dec. 12, 1980, 94 Stat. 2878, effective Sept. 15, 1981.

A prior section 8202, acts Aug. 10, 1956, ch. 1041, 70A Stat. 498; Sept. 2, 1958, Pub. L. 85–861, §1(158), 72 Stat. 1514; Dec. 28, 1967, Pub. L. 90–228, §1(4), (5), 81 Stat. 745; Dec. 12, 1980, Pub. L. 96–513, title II, §203(b), 94 Stat. 2879, related to authorized strength of Air Force in general officers on active duty, prior to repeal by Pub. L. 101–510, div. A, title IV, §403(b)(3)(A), Nov. 5, 1990, 104 Stat. 1545.

Prior sections 8203 to 8209 were repealed by Pub. L. 96–513, title II, §202, Dec. 12, 1980, 94 Stat. 2878, effective Sept. 15, 1981.

Section 8203, acts Aug. 10, 1956, ch. 1041, 70A Stat. 498; Sept. 2, 1958, Pub. L. 85–861, §1(159), 72 Stat. 1514, prescribed authorized strength of Regular Air Force in members on active duty, exclusive of officer candidates and aviation cadets.

Section 8204, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug. 6, 1958, Pub. L. 85–600, §1(14), 72 Stat. 523, prescribed authorized strength of Regular Air Force in commissioned officers on active list.

Section 8205, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug. 6, 1958, Pub. L. 85–600, §1(15), 72 Stat. 523; Sept. 2, 1958, Pub. L. 85–861, §1(160), 72 Stat. 1514, prescribed authorized strength of Regular Air Force in commissioned officers on active list, exclusive of certain categories.

Section 8206, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug. 21, 1957, Pub. L. 85–155, title III, §301(1), 71 Stat. 386; Nov. 8, 1967, Pub. L. 90–130, §1(26)(A), 81 Stat. 382, prescribed authorized strength of Air Force nurses in commissioned officers on active list of Regular Air Force.

Section 8207, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug. 21, 1957, Pub. L. 85–155, title III, §301(2), 71 Stat. 386; Nov. 8, 1967, Pub. L. 90–130, §1(26)(B), 81 Stat. 382, prescribed authorized strength of Air Force medical specialists in commissioned officers on active list of Regular Air Force.

Section 8208, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Nov. 8, 1967, Pub. L. 90–130, §1(26)(C), 81 Stat. 382, authorized prescribed strength in female commissioned officers on active list of Regular Air Force, other than those designated under section 8067 of this title to perform professional services.

Section 8209, acts Aug. 10, 1956, ch. 1041, 70A Stat. 500; Sept. 2, 1958, Pub. L. 85–861, §1(156), 72 Stat. 1513; Nov. 8, 1967, Pub. L. 90–130, §1(26)(D), 81 Stat. 382, prescribed authorized strength of Regular Air Force in commissioned officers on active list in each of categories of officers designated under section 8067 of this title.

A prior section 8210 was renumbered section 9110 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 5986 of this title as this section.

2006—Subsec. (a). Pub. L. 109–163 substituted "Commonwealths or possessions" for "Territories, Commonwealths, or possessions".

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. § 2431a (2024) — Title 10: ARMED FORCES / Chapter 144 / Section 2431a: Renumbered §4211
Renumbered §4211
Status: renumbered

[§2431a. Renumbered §4211]
10 U.S.C. § 133b (2024) — Title 10: ARMED FORCES / Chapter 4 / Section 133b: Under Secretary of Defense for Acquisition and Sustainment
Under Secretary of Defense for Acquisition and Sustainment
Status: in_force

(a) Under Secretary of Defense.—There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive system development, engineering, production, or management background and experience with managing complex programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b) Duties and Powers.—Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Secretary may prescribe, including—

(1) serving as the chief acquisition and sustainment officer of the Department of Defense with the mission of delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department);

(2) establishing policies on, and supervising, all elements of the Department relating to acquisition (including system design, development, appropriate prototyping activities, and production, and procurement of goods and services) and sustainment (including logistics, maintenance, and materiel readiness);

(3) establishing policies for access to, and maintenance of, the defense industrial base and materials critical to national security, and policies on contract administration;

(4) establishing policies for, and providing oversight, guidance, and coordination with respect to, the nuclear command, control, and communications system;

(5) serving as—

(A) the principal advisor to the Secretary on acquisition and sustainment in the Department;

(B) the senior procurement executive for the Department for the purposes of section 1702(c) of title 41;

(C) the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive;

(D) chairman of the Nuclear Weapons Council established by section 179 of this title; and

(E) co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of this title;

(6) overseeing—

(A) the sustainment and modernization of United States nuclear forces, including the nuclear command, control, and communications system; and

(B) military department and Defense Agency programs to develop defenses against chemical and biological weapons and capabilities to counter weapons of mass destruction;

(7) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility, except that the Under Secretary shall exercise advisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority;

(8) to the extent directed by the Secretary, exercising overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law;

(9) advising the Secretary on all aspects of acquisition and sustainment relating to—

(A) defense acquisition programs;

(B) core logistics capabilities (as described under section 2464 of this title); and

(C) the national technology and industrial base (as defined in section 4801 of this title); and

(10) advising the Secretary on, establishing policies on, and supervising, the activities of the Department relating to international cooperation and agreements regarding industrial base collaboration and coordination, including cooperative development and co-production, reciprocal production, exportability considerations, supply chain integration, security of supply chain agreements, and acquisition and cross-service agreements.

(c) Precedence in Department of Defense.—

(1) Precedence in matters of responsibility.—With regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, and the Under Secretary of Defense for Research and Engineering.

(2) Precedence in other matters.—With regard to all matters other than the matters for which the Under Secretary has responsibility by the direction of the Secretary or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments.

(Added Pub. L. 114–328, div. A, title IX, §901(b), Dec. 23, 2016, 130 Stat. 2340; amended Pub. L. 115–91, div. A, title IX, §§902, 910(c)(3), Dec. 12, 2017, 131 Stat. 1511, 1518; Pub. L. 116–92, div. A, title IX, §902(92), title XVI, §1662(a), Dec. 20, 2019, 133 Stat. 1554, 1772; Pub. L. 116–283, div. A, title VIII, §811(a)(2), title XVIII, §1883(b)(2), Jan. 1, 2021, 134 Stat. 3749, 4294; Pub. L. 118–31, div. A, title IX, §901(a)(2), Dec. 22, 2023, 137 Stat. 354; Pub. L. 118–159, div. A, title IX, §903(a)(1), title XVI, §1621(b), Dec. 23, 2024, 138 Stat. 2026, 2171.)

Editorial Notes

Prior Provisions

A prior section 133b was renumbered section 138a of this title and was subsequently repealed.

Another prior section 133b was renumbered section 118 of this title and was subsequently repealed.

Amendments

2024—Subsec. (b)(5)(D), (E). Pub. L. 118–159, §1621(b)(1), added subpars. (D) and (E).

Subsec. (b)(6). Pub. L. 118–159, §1621(b)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "overseeing the modernization of nuclear forces, including the nuclear command, control, and communications system, and the development of capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Council and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System;".

Subsec. (b)(10). Pub. L. 118–159, §903(a)(1), added par. (10).

2023—Subsec. (c)(1). Pub. L. 118–31, §901(a)(2)(A), struck out "the Chief Management Officer of the Department of Defense," after "the Deputy Secretary of Defense,".

Subsec. (c)(2). Pub. L. 118–31, §901(a)(2)(B), struck out "the Chief Management Officer," after "the Deputy Secretary,".

2021—Subsec. (b)(9). Pub. L. 116–283, §811(a)(2), added par. (9).

Subsec. (b)(9)(C). Pub. L. 116–283, §1883(b)(2), substituted "section 4801" for "section 2500".

2019—Subsec. (b)(2). Pub. L. 116–92, §902(92), inserted "appropriate prototyping activities," after "development,".

Subsec. (b)(4) to (8). Pub. L. 116–92, §1662(a), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and in par. (6) inserted ", including the nuclear command, control, and communications system," after "modernization of nuclear forces".

2017—Subsec. (b)(6). Pub. L. 115–91, §902, substituted "advisory authority" for "supervisory authority".

Subsec. (c)(1). Pub. L. 115–91, §910(c)(3)(A), inserted "the Chief Management Officer of the Department of Defense," after "the Deputy Secretary of Defense,".

Subsec. (c)(2). Pub. L. 115–91, §910(c)(3)(B), inserted "the Chief Management Officer," after "the Deputy Secretary,".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title IX, §902, Dec. 12, 2017, 131 Stat. 1511, provided that the amendment made by section 902 is effective Feb. 1, 2018, and immediately after the coming into effect of the amendment made by section 901(b) of Pub. L. 114–328 (enacting this section).

Pub. L. 115–91, div. A, title IX, §910(c), Dec. 12, 2017, 131 Stat. 1518, provided that the amendment made by section 910(c)(3) is effective on Feb. 1, 2018, and immediately after the coming into effect of the amendments made by section 901 of Pub. L. 114–328 (see Tables for classification).

Effective Date

Pub. L. 114–328, div. A, title IX, §901(b), Dec. 23, 2016, 130 Stat. 2339, provided that this section is effective on Feb. 1, 2018.

Guidance Required

Pub. L. 118–159, div. A, title IX, §903(a)(2), Dec. 23, 2024, 138 Stat. 2026, provided that: "Not later than July 1, 2025, the Secretary of Defense shall update relevant policies and guidance related to the duties of the Under Secretary of Defense for Acquisition and Sustainment prescribed in section 133b(b)(10) of title 10, United States Code, as added by paragraph (1)."

Department of Defense Support for Requirements of White House Military Office

Pub. L. 117–263, div. A, title XVI, §1672(b), (c), Dec. 23, 2022, 136 Stat. 2959, provided that:

"(b) Portfolio Manager.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall designate a senior official to coordinate and advocate for the portfolio of national level programs of the Department of Defense that are either or both—

"(1) in direct support of requirements from the White House Military Office; or

"(2) operationally relevant to the mission areas of the White House Military Office.

"(c) Accessibility of Information.—The programmatic and budgetary information required to assess the efficacy of the national level programs covered by subsection (b) shall be provided to the senior official designated under such subsection by the following officials:

"(1) The Secretary of each military department.

"(2) The Under Secretary of Defense for Policy.

"(3) The Under Secretary of Defense for Research and Engineering.

"(4) The Chairman of the Joint Chiefs of Staff.

"(5) The Director of Cost Assessment and Program Evaluation."
10 U.S.C. § 12315 (2024) — Title 10: ARMED FORCES / Chapter 1209 / Section 12315: Reserves: duty with or without pay
Reserves: duty with or without pay
Status: in_force

(a) Subject to other provisions of this title, any Reserve may be ordered to active duty or other duty—

(1) with the pay and allowances provided by law; or

(2) with his consent, without pay.

Duty without pay shall be considered for all purposes as if it were duty with pay.

(b) A Reserve who is kept on active duty after his term of service expires is entitled to pay and allowances while on that duty, except as they may be forfeited under the approved sentence of a court-martial or by non-judicial punishment by a commanding officer or when he is otherwise in a non-pay status.

(Aug. 10, 1956, ch. 1041, 70A Stat. 31, §683; renumbered §12315, 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)

683(a)
683(b) 

50:971.
50:972. 

July 9, 1952, ch. 608, §§240, 241, 66 Stat. 492.

In subsection (a), the word "title" is substituted for the word "chapter". The provisions of this title relating to active duty of reservists are based on the Armed Forces Reserve Act of 1952. The words "shall be considered * * * as if it were" are substituted for the words "shall be counted * * * the same as like".

In subsections (a) and (b), the words "active duty for training" are omitted as covered by the words "active duty".

In subsection (b), the word "kept" is substituted for the words "retained or continued". The words "pursuant to law" are omitted as surplusage.

Editorial Notes

Amendments

1994—Pub. L. 103–337 renumbered section 683 of this title as this section.
10 U.S.C. § 1703 (2024) — Title 10: ARMED FORCES / Chapter 87 / Subchapter I / Section 1703: Repealed. Pub. L. 108-136, div. A, title VIII, §831(a), Nov. 24, 2003, 117 Stat. 1549
Repealed. Pub. L. 108-136, div. A, title VIII, §831(a), Nov. 24, 2003, 117 Stat. 1549
Status: repealed

[§1703. Repealed. Pub. L. 108–136, div. A, title VIII, §831(a), Nov. 24, 2003, 117 Stat. 1549]

Section, added Pub. L. 101–510, div. A, title XII, §1202(a), Nov. 5, 1990, 104 Stat. 1639; amended Pub. L. 103–160, div. A, title IX, §904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, §1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to Director of Acquisition Education, Training, and Career Development.
10 U.S.C. § 2578 (2024) — Title 10: ARMED FORCES / Chapter 153 / Section 2578: Vessels: transfer between departments
Vessels: transfer between departments
Status: in_force

A vessel under the jurisdiction of a military department may be transferred or otherwise made available without reimbursement to another military department or to the Department of Homeland Security, and a vessel under the jurisdiction of the Department of Homeland Security may be transferred or otherwise made available without reimbursement to a military department. Any such transfer may be made only upon the request of the Secretary of the military department concerned or the Secretary of Homeland Security, as the case may be, and with the approval of the Secretary of the department having jurisdiction of the vessel.

(Added Pub. L. 100–370, §1(k)(1), July 19, 1988, 102 Stat. 848; amended Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

Historical and Revision Notes

Section is based on Pub. L. 99–190, §101(b) [title VIII, §8012], Dec. 19, 1985, 99 Stat. 1185, 1204.

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 9431 (2024) — Title 10: ARMED FORCES / Chapter 953 / Section 9431: Establishment; Superintendent; faculty
Establishment; Superintendent; faculty
Status: in_force

(a) There is in the Department of the Air Force an Air Force Academy (hereinafter in this chapter referred to as the "Academy") for the instruction and preparation for military service of selected persons called "cadets". The organization of the Academy shall be prescribed by the Secretary of the Air Force.

(b) There shall be at the Academy the following:

(1) A Superintendent.

(2) A Dean of the Faculty.

(3) A Commandant of Cadets.

(4) 25 permanent professors.

(5) A chaplain.

(6) A director of admissions.

(Aug. 10, 1956, ch. 1041, 70A Stat. 561, §9331; Pub. L. 85–600, §1(19), Aug. 6, 1958, 72 Stat. 523; Pub. L. 96–513, title V, §514(10), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 101–189, div. A, title V, §515(a)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 102–484, div. A, title V, §523(b), Oct. 23, 1992, 106 Stat. 2410; Pub. L. 103–160, div. A, title V, §533(b)(3), Nov. 30, 1993, 107 Stat. 1658; Pub. L. 108–136, div. A, title V, §529(c)(1), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 110–417, [div. A], title V, §545, Oct. 14, 2008, 122 Stat. 4466; renumbered §9431, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title V, §573, title IX, §923(d)(7), Jan. 1, 2021, 134 Stat. 3644, 3814.)

Historical and Revision Notes

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

9331(a)

 
9331(b) 

10:1851.
10:1854.

10:1061. 

R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8.

  
10:1087.
10:1089 (1st 20 words). 

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

  
 
Apr. 1, 1954, ch. 127, §§2, 5, 68 Stat. 47, 48.

In subsection (b), reference to the senior instructors of artillery, cavalry, and infantry, and the master of the sword, in 10:1061, are omitted as obsolete. The names of the other departments are omitted as inapplicable to the Air Force. The departmental names will be established under section 9332 of this title. The words "and one assistant professor", in 10:1061, are omitted as superseded by section 9333 of this title. 10:1061 (words before colon) is omitted as inapplicable to the Air Force. 10:1854 (less last sentence) is omitted as executed by the inclusion in this chapter of the laws applicable to the Air Force Academy. 10:1087 (proviso) is omitted as inapplicable to the Air Force.

Subsection (b)(3) is based on those laws establishing the various departments at the United States Military Academy (see revision note for section 4331 of this title).

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283, §923(d)(7), substituted "cadets" for "Air Force cadets".

Subsec. (b)(4). Pub. L. 116–283, §573, substituted "25" for "23".

2018—Pub. L. 115–232 renumbered section 9331 of this title as this section.

2008—Subsec. (b)(4). Pub. L. 110–417 substituted "23 permanent professors" for "21 permanent professors".

2003—Subsec. (b)(2). Pub. L. 108–136 substituted "Dean of the Faculty" for "dean of the Faculty, who is a permanent professor".

1993—Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows:

"(1) The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary.

"(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.

"(3) The Secretary may delegate the authority conferred by this subsection to any person in the Department of the Air Force to the extent the Secretary considers proper. Such delegation may be made with or without the authority to make successive redelegations."

1992—Subsec. (c). Pub. L. 102–484 added subsec. (c).

1989—Subsec. (b)(6). Pub. L. 101–189 substituted "director of admissions" for "registrar".

1980—Subsec. (a). Pub. L. 96–513 substituted "(hereinafter in this chapter referred to as the 'Academy')" for ", in this chapter called the 'Academy',".

1958—Subsec. (b)(6). Pub. L. 85–600 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, §529(d), Nov. 24, 2003, 117 Stat. 1472, provided that: "The amendments made by this section [amending this section and sections 9335 and 9336 of this title] shall apply with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after the date of the enactment of this Act [Nov. 24, 2003]."

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.

Appropriations for the Air Force Academy After August 1, 1964; Requirement of Authorization in Subsequent Legislation; Appropriations for Advance Planning and Minor Construction

Pub. L. 88–390, title VI, §608, Aug. 1, 1964, 78 Stat. 364, provided that: "Notwithstanding the provisions of section 9 of the Act of April 1, 1954 (Public Law 325) as amended [set out below], no funds may be appropriated after the date of enactment of this Act [Aug. 1, 1964] for construction at the Air Force Academy unless appropriation of such funds has been authorized in this Act [Military Construction Authorization Act, 1965] or any Act enacted after the date of enactment of this Act: Provided, That funds are authorized to be appropriated to accomplish advance planning and minor construction at the Air Force Academy in the same manner as for other projects under the Act of September 28, 1951, as amended (31 U.S.C. 723) [10 U.S.C. 2661a(a)], and title 10, United States Code, section 2674, as amended."

Appropriations for Air Force Academy

Act Apr. 1, 1954, ch. 127, 68 Stat. 47, which established the Air Force Academy, provided by section 9 of such act, as amended by act Aug. 3, 1956, ch. 939, title IV, §413(b), 70 Stat. 1018, and by Pub. L. 85–241, title V, §508, Aug. 30, 1957, 71 Stat. 559; Pub. L. 85–685, title III, §309, Aug. 20, 1958, 72 Stat. 659; Pub. L. 87–57, title III, §304, June 27, 1961, 75 Stat. 108; Pub. L. 90–408, title III, §304, July 21, 1968, 82 Stat. 385, that there was authorized to be appropriated not to exceed the sum of $141,978,000 to carry out the provisions of that Act, of which not to exceed $26,000,000 was to be the amount so appropriated for any such period, not to exceed $1,858,000 might be utilized for the purpose of section 4 of this Act [set out below].

Temporary Buildings and Facilities

Act Apr. 1, 1954, ch. 127, §4, 68 Stat. 47, provided that for the purpose of providing temporary facilities and enabling early operation of the Academy, the Secretary of the Air Force was authorized to provide for the erection of the minimum additional number of temporary buildings and the modification of existing structures and facilities at an existing Air Force base and to provide for the proper functioning, equipping, maintaining, and repairing thereof; and to contract with civilian institutions for such operation or instruction as he deemed necessary.
10 U.S.C. § 2541a (2024) — Title 10: ARMED FORCES / Chapter 148 / Subchapter VII / Section 2541a: Renumbered §4982
Renumbered §4982
Status: renumbered

[§2541a. Renumbered §4982]
10 U.S.C. § 2797 (2024) — Title 10: ARMED FORCES / Chapter 167 / Section 2797: Repealed. Pub. L. 104-201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687
Repealed. Pub. L. 104-201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687
Status: repealed

[§2797. Repealed. Pub. L. 104–201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687]

Section, added Pub. L. 103–337, div. A, title X, §1074(a), Oct. 5, 1994, 108 Stat. 2861, related to unauthorized use of Defense Mapping Agency name, initials, or seal.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 193 of this title.
10 U.S.C. § 2380a (2024) — Title 10: ARMED FORCES / Chapter 140 / Section 2380a: Renumbered §3457
Renumbered §3457
Status: renumbered

[§2380a. Renumbered §3457]
10 U.S.C. § 20216 (2024) — Title 10: ARMED FORCES / Chapter 2005 / Subchapter II / Section 20216: Reports of selection boards
Reports of selection boards
Status: in_force

(a) In General.—Each selection board convened under section 20211 of this title shall submit to the Secretary of the Air Force a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying—

(1) that the board has carefully considered the record of each officer whose name was furnished to it under section 615 of this title; and

(2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the Space Force (as noted in the guidelines or information furnished the board under section 615(b) of this title) among those officers whose names were furnished to the selection board.

(b) Officers Who Should Be Required to Show Cause for Retention.—A selection board convened under section 20211 of this title shall include in its report the name of any officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under section 20503 of this title to show cause for the officer's retention in a space force active status.

(c) Officers Recommended to Be Placed Higher on the Promotion List.—A selection board convened under section 20211 of this title shall, when authorized under section 20215(g) of this title, include in its report the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.

(d) Recommendation for Officers to Be Excluded From Future Consideration for Promotion.—A selection board convened under section 20211 of this title may include in its report a recommendation that an officer considered by the board be excluded from future consideration for promotion under this chapter.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 637; amended Pub. L. 118–159, div. A, title V, §521(p), Dec. 23, 2024, 138 Stat. 1882.)

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted "20215(g)" for "20214(g)".
10 U.S.C. § 4884 (2024) — Title 10: ARMED FORCES / Chapter 385 / Subchapter IV / Section 4884: Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness
Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness
Status: in_force

The President may appoint a nonpartisan Board on Mobilization of Industries Essential for Military Preparedness, and may provide necessary clerical assistance, to organize and coordinate operations under sections 4882 and 4883 of this title.

(Added Pub. L. 103–160, div. A, title VIII, §822(a)(1), Nov. 30, 1993, 107 Stat. 1705, §2540; renumbered §2539a, Pub. L. 103–337, div. A, title X, §1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; renumbered §4884 and amended Pub. L. 116–283, div. A, title XVIII, §1870(e)(2), Jan. 1, 2021, 134 Stat. 4286.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 4502(d) and 9502(d) of this title, prior to repeal by Pub. L. 103–160, §822(a)(2).

Amendments

2021—Pub. L. 116–283, §1870(e)(2)(B), substituted "sections 4882 and 4883" for "sections 2538 and 2539".

Pub. L. 116–283, §1870(e)(2)(A), renumbered section 2539a of this title as this section.

1994—Pub. L. 103–337 renumbered section 2540 of this title as section 2539a.

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. § 7151 (2024) — Title 10: ARMED FORCES / Chapter 715 / Section 7151: Commissioned officer grades
Commissioned officer grades
Status: in_force

The commissioned grades in the Regular Army are:

(1) Major general.

(2) Brigadier general.

(3) Colonel.

(4) Lieutenant colonel.

(5) Major.

(6) Captain.

(7) First lieutenant.

(8) Second lieutenant.

(Aug. 10, 1956, ch. 1041, 70A Stat. 181, §3281; renumbered §7151, Pub. L. 115–232, div. A, title VIII, §808(b)(3), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes

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

3281 
10:506(a) (last 24 words). 
Aug. 7, 1947, ch. 512, §502(a) (last 24 words), 61 Stat. 884.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 3281 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. § 1207 (2024) — Title 10: ARMED FORCES / Chapter 61 / Section 1207: Disability from intentional misconduct or willful neglect: separation
Disability from intentional misconduct or willful neglect: separation
Status: in_force

Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter.

(Aug. 10, 1956, ch. 1041, 70A Stat. 94.)

Historical and Revision Notes

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

1207 
37:278. 
Oct. 12, 1949, ch. 681, §408, 63 Stat. 823.

The words "Each member * * * who" are substituted for the words "When a member * * * such member". The words "is determined to have" are omitted as surplusage.
10 U.S.C. § 8463 (2024) — Title 10: ARMED FORCES / Chapter 853 / Section 8463: Midshipmen: discharge for deficiency
Midshipmen: discharge for deficiency
Status: in_force

Midshipmen found deficient at any examination shall, unless the Academic Board recommends otherwise, be discharged from the Naval Academy and from the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 433, §6963; renumbered §8463, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

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

6963 
34 U.S.C. 1053. 
R.S. 1519; restored Oct. 22, 1921, ch. 113, §2, 42 Stat. 207.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6963 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. § 2788 (2024) — Title 10: ARMED FORCES / Chapter 165 / Section 2788: Property accountability: regulations
Property accountability: regulations
Status: in_force

The Secretary of a military department may prescribe regulations for the accounting for the property of that department and the fixing of responsibility for that property.

(Added Pub. L. 110–181, div. A, title III, §375(a), Jan. 28, 2008, 122 Stat. 83.)
10 U.S.C. § 1087 (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1087: Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services
Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services
Status: in_force

(a) Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—

(1) the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and

(2) the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections 1074(b) and 1076(b) of this title.

(b)(1) In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—

(A) the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections 1074(b) and 1076(b) of this title; and

(B) the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.

(2) In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under section 1086 of this title or under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)).

(Added Pub. L. 89–614, §2(7), Sept. 30, 1966, 80 Stat. 866; amended Pub. L. 97–337, §1, Oct. 15, 1982, 96 Stat. 1631; Pub. L. 98–525, title XIV, §1405(24), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, §1343(a)(4), Nov. 14, 1986, 100 Stat. 3992.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act, is classified generally to Part A (§1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1986—Subsec. (b)(2). Pub. L. 99–661 substituted "Act (42 U.S.C. 1395c et seq.))" for "Act. (42 U.S.C. 1395c et seq.)".

1984—Subsec. (b)(2). Pub. L. 98–525 which directed that "(42 U.S.C. 1395c et seq.)" be inserted after "the Social Security Act.", was executed by inserting parenthetical after "the Social Security Act" to reflect the probable intent of Congress. See 1986 Amendment note above.

1982—Subsec. (a). Pub. L. 97–337, §1(1), designated existing provisions as subsec. (a).

Pub. L. 97–337, §1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities.

Subsec. (b). Pub. L. 97–337, §1(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Pub. L. 97–337, §2, Oct. 15, 1982, 96 Stat. 1632, provided that: "The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983."

Effective Date

For effective date of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
10 U.S.C. § 20601 (2024) — Title 10: ARMED FORCES / Chapter 2013 / Section 20601: Officers: voluntary retirement for length of service
Officers: voluntary retirement for length of service
Status: in_force

(a) Twenty Years or More.—The Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer.

(b) Thirty Years or More.—A commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer's request, in the discretion of the President.

(c) Forty Years or More.—Except as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer's request.

(Added Pub. L. 118–31, div. A, title XVII, §1719A(a), Dec. 22, 2023, 137 Stat. 662.)
10 U.S.C. § 1599 (2024) — Title 10: ARMED FORCES / Chapter 81 / Section 1599: Renumbered §1611
Renumbered §1611
Status: renumbered

[§1599. Renumbered §1611]
10 U.S.C. § 1077a (2024) — Title 10: ARMED FORCES / Chapter 55 / Section 1077a: Access to military medical treatment facilities and other facilities
Access to military medical treatment facilities and other facilities
Status: in_force

(a) Urgent Care.—(1) The Secretary of Defense shall ensure that military medical treatment facilities, at locations the Secretary determines appropriate, provide urgent care services for members of the armed forces and covered beneficiaries until 11:00 p.m. each day.

(2) With respect to areas in which a military medical treatment facility covered by paragraph (1) is not located, the Secretary shall ensure that members of the armed forces and covered beneficiaries may access urgent care clinics through the health care provider network under the TRICARE program.

(3) A covered beneficiary may access urgent care services without the need for preauthorization for such services.

(4) The Secretary shall—

(A) publish information about changes in access to urgent care under the TRICARE program—

(i) on the primary publicly available Internet website of the Department; and

(ii) on the primary publicly available Internet website of each military medical treatment facility; and

(B) ensure that such information is made available on the publicly available Internet website of each current managed care support contractor that has established a health care provider network under the TRICARE program.

(b) Nurse Advice Line.—The Secretary shall ensure that the nurse advice line of the Department directs covered beneficiaries seeking access to care to the source of the most appropriate level of health care required to treat the medical conditions of the beneficiaries, including urgent care services described in subsection (a).

(c) Primary Care Clinics.—(1) The Secretary shall ensure that primary care clinics at military medical treatment facilities are available for members of the armed forces and covered beneficiaries between the hours determined appropriate under paragraph (2), including with respect to expanded hours described in subparagraph (B) of such paragraph.

(2)(A) The Secretary shall determine the hours that each primary care clinic at a military medical treatment facility is available for members of the armed forces and covered beneficiaries based on—

(i) the needs of the military medical treatment facility to meet the access standards under the TRICARE Prime program; and

(ii) the primary care utilization patterns of members and covered beneficiaries at such military medical treatment facility.

(B) The primary care clinic hours at a military medical treatment facility determined under subparagraph (A) shall include expanded hours beyond regular business hours during weekdays and the weekend if the Secretary determines under such subparagraph that sufficient demand exists at the military medical treatment facility for such expanded primary care clinic hours.

(Added Pub. L. 114–328, div. A, title VII, §704(a), Dec. 23, 2016, 130 Stat. 2200.)

Statutory Notes and Related Subsidiaries

Implementation

Pub. L. 114–328, div. A, title VII, §704(c), Dec. 23, 2016, 130 Stat. 2201, provided that: "The Secretary of Defense shall implement—

"(1) subsection (a) of section 1077a of title 10, United States Code, as added by subsection (a) of this section, by not later than one year after the date of the enactment of this Act [Dec. 23, 2016]; and

"(2) subsection (c) of such section by not later than 180 days after the date of the enactment of this Act."
10 U.S.C. § 929a (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 929a: Art. 129a. Omitted
Art. 129a. Omitted
Status: omitted

[§929a. Art. 129a. Omitted]

Editorial Notes

Codification

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 75, §930; renumbered §929a, Pub. L. 114–328, div. E, title LX, §5401(10), Dec. 23, 2016, 130 Stat. 2939, which related to the offense of housebreaking, was omitted in the general amendment of sections 929 and 929a of this title by Pub. L. 114–328, div. E, title LX, §5442, Dec. 23, 2016, 130 Stat. 2954. See section 929(b) of this title.
10 U.S.C. § 2640 (2024) — Title 10: ARMED FORCES / Chapter 157 / Section 2640: Charter air transportation of members of the armed forces or cargo
Charter air transportation of members of the armed forces or cargo
Status: in_force

(a) Requirements.—(1) The Secretary of Defense may not enter into a contract with an air carrier for the charter air transportation of members of the armed forces or cargo unless the air carrier—

(A) meets, at a minimum, the safety standards established by the Secretary of Transportation under chapter 447 of title 49;

(B) has at least 12 months of experience operating services in air transportation that are substantially equivalent to the service sought by the Department of Defense; and

(C) undergoes a technical safety evaluation.

(2) For purposes of paragraph (1)(C), a technical safety evaluation—

(A) shall include inspection of a representative number of aircraft; and

(B) shall be conducted in accordance with regulations prescribed by the Secretary, after consultation with the Secretary of Transportation.

(b) Inspections.—The Secretary shall provide for inspections of each air carrier that contracts with the Department of Defense for the charter air transportation of members of the armed forces or cargo. The inspections shall be conducted in accordance with standards established by the Secretary, after consultation with the Secretary of Transportation, and shall include, at a minimum, the following:

(1) An on-site capability survey of the air carrier conducted at least once every two years.

(2) A performance evaluation of the air carrier conducted at least once every six months.

(3) A preflight safety inspection of each aircraft conducted at any time during the operation of, but not more than 72 hours before, each internationally scheduled charter mission departing the United States.

(4) A preflight safety inspection of each aircraft used for domestic charter missions conducted to the greatest extent practical.

(5) Operational check-rides on aircraft conducted periodically.

(c) Commercial Airlift Review Board.—The Secretary shall establish a Commercial Airlift Review Board within the Department of Defense. The Board shall consist of personnel from the Department of Defense and other Government personnel as may be appropriate. The duties of the Board shall be—

(1) to make recommendations to the Secretary on suspension and reinstatement of air carriers under subsection (d);

(2) to make recommendations to the Secretary on waivers under subsection (g); and

(3) to carry out such other duties and make recommendations on such other matters as the Secretary considers appropriate.

(d) Suspension and Reinstatement.—(1) The Secretary shall establish guidelines for the suspension of air carriers under contract with the Department of Defense for the charter air transportation of members of the armed forces or cargo and for the reinstatement of air carriers that have been so suspended. The guidelines—

(A) shall require the immediate determination of whether to suspend an air carrier if an aircraft of the air carrier is involved in a fatal accident; and

(B) may require the suspension of an air carrier—

(i) if the carrier is in violation of any order, rule, regulation, or standard prescribed under chapter 447 of title 49; or

(ii) if an aircraft of the air carrier is involved in a serious accident.

(2) The Commercial Airlift Review Board shall make recommendations to the Secretary on suspension and reinstatement under this subsection.

(3) The Secretary shall include in each contract subject to this section the provisions on suspension and reinstatement established under this subsection.

(e) Authority To Leave Unsafe Aircraft.—A representative of the Military Airlift Command, the Military Traffic Management Command, or such other agency as may be designated by the Secretary of Defense (or if there is no such representative reasonably available, the senior officer on board a chartered aircraft) may order members of the armed forces or cargo to leave a chartered aircraft if the representative (or officer) determines that a condition exists on the aircraft which may endanger the safety of the members or cargo.

(f) FAA Information.—The Secretary shall request the Secretary of Transportation to provide to the Secretary a report on each inspection performed by Federal Aviation Administration personnel, and the status of corrective actions taken, on each aircraft of an air carrier under contract with the Department of Defense for the charter air transportation of members of the armed forces or cargo.

(g) Waiver.—After considering recommendations by the Commercial Airlift Review Board, the Secretary may waive any provision of this section in an emergency.

(h) Authority To Protect Safety-Related Information Voluntarily Provided by an Air Carrier.—(1) Subject to paragraph (2), the Secretary of Defense may (notwithstanding any other provision of law) withhold from public disclosure safety-related information that is provided to the Secretary voluntarily by an air carrier for the purposes of this section.

(2) Information may be withheld under paragraph (1) from public disclosure only if the Secretary determines that—

(A) the disclosure of the information would inhibit an air carrier from voluntarily providing, in the future, safety-related information for the purposes of this section or for other air safety purposes involving the Department of Defense or another Federal agency; and

(B) the receipt of such information generally enhances the fulfillment of responsibilities under this section or other air safety responsibilities involving the Department of Defense or another Federal agency.

(3) If the Secretary provides to the head of another agency safety-related information described in paragraph (1) with respect to which the Secretary has made a determination described in paragraph (2), the head of that agency shall (notwithstanding any other provision of law) withhold the information from public disclosure unless the disclosure is specifically authorized by the Secretary.

(i) Regulations.—The Secretary shall prescribe regulations to carry out this section, including requirements and identification of inspecting personnel with respect to preflight safety inspections required by subsection (b)(3).

(j) Definitions.—In this section:

(1) The terms "air carrier", "aircraft", "air transportation", "cargo", and "charter air transportation" have the meanings given such terms by section 40102(a) of title 49.

(2) The term "members of the armed forces" means members of the Army, Navy, Air Force, Marine Corps, and Space Force.

(Added Pub. L. 99–661, div. A, title XII, §1204(a)(1), Nov. 14, 1986, 100 Stat. 3969; amended Pub. L. 103–272, §5(b)(1), July 5, 1994, 108 Stat. 1373; Pub. L. 105–85, div. A, title X, §1075(a), Nov. 18, 1997, 111 Stat. 1911; Pub. L. 116–283, div. A, title IX, §924(b)(1)(P), Jan. 1, 2021, 134 Stat. 3820; Pub. L. 117–81, div. A, title X, §1083(d)(1), Dec. 27, 2021, 135 Stat. 1923.)

Editorial Notes

Amendments

2021—Pub. L. 117–81, §1083(d)(1)(A), inserted "or cargo" after "armed forces" in section catchline.

Subsec. (a)(1). Pub. L. 117–81, §1083(d)(1)(B), inserted "or cargo" after "members of the armed forces" in introductory provisions.

Subsec. (b). Pub. L. 117–81, §1083(d)(1)(C), inserted "or cargo" after "members of the armed forces" in introductory provisions.

Subsec. (d)(1). Pub. L. 117–81, §1083(d)(1)(D), inserted "or cargo" after "members of the armed forces" in introductory provisions.

Subsec. (e). Pub. L. 117–81, §1083(d)(1)(E), inserted "or cargo" after "members of the armed forces" and before period at end.

Subsec. (f). Pub. L. 117–81, §1083(d)(1)(F), inserted "or cargo" after "members of the armed forces".

Subsec. (j)(1). Pub. L. 117–81, §1083(d)(1)(G), inserted " 'cargo'," after " 'air transportation',".

Subsec. (j)(2). Pub. L. 116–283 substituted "Marine Corps, and Space Force" for "and Marine Corps".

1997—Subsecs. (h) to (j). Pub. L. 105–85 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively.

1994—Subsecs. (a)(1)(A), (d)(1)(B)(i). Pub. L. 103–272, §5(b)(1)(A), substituted "chapter 447 of title 49" for "title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421 et seq.)".

Subsec. (i)(1). Pub. L. 103–272, §5(b)(1)(B), substituted "section 40102(a) of title 49" for "sections 101(3), 101(5), 101(10), and 101(15), respectively, of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(3), 1301(5), 1301(10), and 1301(15))".

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, §1075(b), Nov. 18, 1997, 111 Stat. 1911, provided that: "Subsection (h) of section 2640 of title 10, United States Code, as added by subsection (a), shall apply with respect to requests for information made on or after the date of the enactment of this Act [Nov. 18, 1997]."

Effective Date

Pub. L. 99–661, div. A, title XII, §1204(c), Nov. 14, 1986, 100 Stat. 3971, provided that: "Section 2640 of title 10, United States Code, as added by subsection (a), shall apply only to contracts which are entered into on or after the date on which the regulations required by subsection (b) are prescribed [set out below]."

Regulations

Pub. L. 99–661, div. A, title XII, §1204(b), Nov. 14, 1986, 100 Stat. 3971, required Secretary of Defense, not later than 120 days after Nov. 14, 1986, to prescribe regulations required by this section.
10 U.S.C. § 897 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter X / Section 897: Art. 97. Unlawful detention
Art. 97. Unlawful detention
Status: in_force

Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 69.)

Historical and Revision Notes

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

897 
50:691. 
May 5, 1950, ch. 169, §1 (Art. 97), 64 Stat. 137.
10 U.S.C. § 3808 (2024) — Title 10: ARMED FORCES / Chapter 277 / Section 3808: Certain Navy contracts
Certain Navy contracts
Status: in_force

(a) Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—The Secretary of the Navy shall provide that the rate for progress payments on any contract awarded by the Secretary for repair, maintenance, or overhaul of a naval vessel shall be not less than—

(1) 95 percent, in the case of a firm considered to be a small business; and

(2) 90 percent, in the case of any other firm.

(b) Authority to Advance Funds for Immediate Salvage Operations.—The Secretary of the Navy may advance to private salvage companies such funds as the Secretary considers necessary to provide for the immediate financing of salvage operations. Advances under this subsection shall be made on terms that the Secretary considers adequate for the protection of the United States.

(c) Security for Construction and Conversion of Naval Vessels.—The Secretary of the Navy shall provide, in each contract for construction or conversion of a naval vessel, that, when partial, progress, or other payments are made under such contract, the United States is secured by a lien upon work in progress and on property acquired for performance of the contract on account of all payments so made. The lien is paramount to all other liens.

(Added and amended Pub. L. 116–283, div. A, title XVIII, §1834(a), (i)(1)–(4), as added and amended Pub. L. 117–81, div. A, title XVII, §1701(n)(1)(B), (2), Dec. 27, 2021, 135 Stat. 2145.)

Editorial Notes

Codification

The text of subsec. (g) of section 2307 of this title, which was transferred to this section and amended by Pub. L. 116–283, §1834(i)(1)–(4), as added by Pub. L. 117–81, §1701(n)(2), was based on Pub. L. 103–355, title II, §2001(g), Oct. 13, 1994, 108 Stat. 3302.

Prior Provisions

Prior sections 3811 to 3813 were repealed by Pub. L. 90–235, §3(a)(2), (b)(1), Jan. 2, 1968, 81 Stat. 757, 758.

Section 3811, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for discharge of enlisted members of Army and limitations thereon, and for issuance of discharge certificates. See section 1169 of this title.

Section 3812, act Aug. 1956, ch. 1041, 70A Stat. 220, provided for the discharge of members of the Army enlisted during war or emergency. See section 1172 of this title.

Section 3813, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for dependency discharges for enlisted members of the Army.

A prior section 3814, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, authorized Secretary of the Army to discharge a regular commissioned officer who has less than three years of continuous service as a commissioned officer therein, provided that such officer not be dismissed because of his marriage, unless marriage occurred within one year after date of his original appointment, prior to repeal by Pub. L. 96–513, title II, §214, title VII, §701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 630 of this title.

A prior section 3814a, added Pub. L. 93–558, §1, Dec. 30, 1974, 88 Stat. 1793, related to discharge, during a reduction in force, of regular commissioned officers, second lieutenants, first lieutenants, and captains, expired three years after its effective date, Dec. 30, 1974, in accordance with section 2 of Pub. L. 93–558, and was repealed by Pub. L. 103–337, div. A, title XVI, §§1629(a)(2), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996.

Prior sections 3815 and 3816 were repealed by Pub. L. 90–235, §3(a)(2), (b)(1), Jan. 2, 1968, 81 Stat. 757, 758.

Section 3815, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for resignation of regular enlisted members of Army enlisted on a career basis and limitations thereon.

Section 3816, act Aug. 10, 1956, ch. 1041, 70A Stat. 221, provided for minority discharges for regular enlisted members of Army. See section 1170 of this title.

A prior section 3818, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; Oct. 20, 1978, Pub. L. 95–485, title VIII, §820(g), 92 Stat. 1627, authorized the Secretary of the Army to terminate appointment of a female commissioned officer of Regular Army, other than by dismissal, under regulations prescribed by President, or to terminate the appointment of a female warrant officer or enlistment of a female member of Regular Army by discharge from the Army, prior to repeal by Pub. L. 96–513, title II, §236, title VII, §701, Dec. 12, 1980, 94 Stat. 2887, 2955, effective Sept. 15, 1981.

Prior sections 3819 and 3820 were repealed by Pub. L. 103–337, div. A, title XVI, §§1629(a)(2), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996.

Section 3819, added Pub. L. 85–861, §1(93)(A), Sept. 2, 1958, 72 Stat. 1482; amended Pub. L. 98–525, title V, §528(b), Oct. 19, 1984, 98 Stat. 2526, related to discharge of Army Reserve officers for failure of promotion to first lieutenant. See section 14503 of this title.

Section 3820, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; Sept. 2, 1958, Pub. L. 85–861, §1(93)(B), 72 Stat. 1482, related to discharge and withdrawal of Federal recognition of officers of Army National Guard of United States absent without leave. See section 14907 of this title.

Amendments

2021—Pub. L. 116–283, §1834(i)(1), as added by Pub. L. 117–81, §1701(n)(2), transferred subsec. (g) of section 2307 of this title to this section, struck out subsec. (g) designation and heading "Certain Navy Contracts" at beginning, and redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively.

Subsec. (a). Pub. L. 116–283, §1834(i)(2), as added by Pub. L. 117–81, §1701(n)(2), inserted heading and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 116–283, §1834(i)(3), as added by Pub. L. 117–81, §1701(n)(2), inserted heading and substituted "this subsection" for "this paragraph" in second sentence.

Subsec. (c). Pub. L. 116–283, §1834(i)(4), as added by Pub. L. 117–81, §1701(n)(2), inserted heading.

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 Effective Date note below.

Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 1443 (2024) — Title 10: ARMED FORCES / Chapter 73 / Subchapter I / Section 1443: Repealed. Pub. L. 92-425, §1(2)(B), Sept. 21, 1972, 86 Stat. 706
Repealed. Pub. L. 92-425, §1(2)(B), Sept. 21, 1972, 86 Stat. 706
Status: repealed

[§1443. Repealed. Pub. L. 92–425, §1(2)(B), Sept. 21, 1972, 86 Stat. 706]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 111, related to Board of Actuaries, composed of Government Actuary, Chief Actuary of Social Security Administration, and an actuary who was a member of Society of Actuaries.
10 U.S.C. § 10213 (2024) — Title 10: ARMED FORCES / Chapter 1007 / Section 10213: Reserve components: dual membership prohibited
Reserve components: dual membership prohibited
Status: in_force

Except as otherwise provided in this title, no person may be a member of more than one reserve component at the same time.

(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 261(b) 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. § 1143a (2024) — Title 10: ARMED FORCES / Chapter 58 / Section 1143a: Repealed. Pub. L. 115-232, div. A, title V, §553(a)(1), Aug. 13, 2018, 132 Stat. 1772
Repealed. Pub. L. 115-232, div. A, title V, §553(a)(1), Aug. 13, 2018, 132 Stat. 1772
Status: repealed

[§1143a. Repealed. Pub. L. 115–232, div. A, title V, §553(a)(1), Aug. 13, 2018, 132 Stat. 1772]

Section, added Pub. L. 102–484, div. D, title XLIV, §4462(a)(1), Oct. 23, 1992, 106 Stat. 2738; amended Pub. L. 103–337, div. A, title V, §542(a)(3), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, §1076(f)(14), Jan. 2, 2013, 126 Stat. 1952, related to encouraging members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty.

Statutory Notes and Related Subsidiaries

Increased Early Retirement Retired Pay for Public or Community Service

Pub. L. 102–484, div. D, title XLIV, §4464, Oct. 23, 1992, 106 Stat. 2741, which related to increased early retirement retired pay for public or community service, was repealed by Pub. L. 115–232, div. A, title V, §553(c), Aug. 13, 2018, 132 Stat. 1772, applicable with respect to an individual who retires from the Armed Forces on or after Aug. 13, 2018.
10 U.S.C. § 2386 (2024) — Title 10: ARMED FORCES / Chapter 141 / Section 2386: Renumbered §3793
Renumbered §3793
Status: renumbered

[§2386. Renumbered §3793]
10 U.S.C. § 8687 (2024) — Title 10: ARMED FORCES / Chapter 863 / Section 8687: Status of Government rights in the designs of vessels, boats, and craft, and components thereof
Status of Government rights in the designs of vessels, boats, and craft, and components thereof
Status: in_force

(a) In General.—Government rights in the design of a vessel, boat, or craft, and its components, including the hull, decks, superstructure, and all shipboard equipment and systems, shall be determined solely as follows:

(1) In the case of a vessel, boat, craft, or component procured through a contract, in accordance with the provisions of subchapter I of chapter 275 of this title.

(2) In the case of a vessel, boat, craft, or component procured through an instrument not governed by subchapter I of chapter 275 of this title, by the terms of the instrument (other than a contract) under which the design for such vessel, boat, craft, or component, as applicable, was developed for the Government.

(b) Construction of Superseding Authorities.—This section may be modified or superseded by a provision of statute only if such provision expressly refers to this section in modifying or superseding this section.

(Added Pub. L. 110–417, [div. A], title VIII, §825(a), Oct. 14, 2008, 122 Stat. 4534, §7317; renumbered §8687, 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 XVIII, §1833(p), Jan. 1, 2021, 134 Stat. 4234.)

Editorial Notes

Prior Provisions

A prior section 8687, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 2, 1958, Pub. L. 85–861, §1(188), 72 Stat. 1534; Sept. 7, 1962, Pub. L. 87–649, §6(d), 76 Stat. 494, related to compensation for members of Air Force other than Regular Air Force prior to repeal by Pub. L. 99–661, div. A, title VI, §604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877.

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "subchapter I of chapter 275" for "section 2320" in pars. (1) and (2).

2018—Pub. L. 115–232 renumbered section 7317 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.

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. § 8384 (2024) — Title 10: ARMED FORCES / Chapter 845 / Section 8384: Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty
Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty
Status: in_force

When on active duty, retired enlisted members of the Navy or the Marine Corps are eligible for promotion to higher enlisted grades or ratings. When released from active duty, they shall, unless entitled to a higher grade under another provision of law, retain the grades or ratings they hold at the time of their release.

(Aug. 10, 1956, ch. 1041, 70A Stat. 417, §6484, renumbered §8384, Pub. L. 115–232, div. A, title VIII, §807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

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

6484 
34 U.S.C. 434. 
July 1, 1918, ch. 114, 40 Stat. 719 (1st 9 lines of 2d par.).

The words "who has been ordered into active service since April 6, 1917" are omitted as executed. The words "to higher enlisted grades or ratings" are inserted for clarity. The eligibility of retired enlisted men for appointments to warrant and commissioned grades is covered by chapter 539 of this title where the requirements for these appointments are set forth. The words "unless entitled to a higher grade under another provision of law" are inserted to make it clear that retired enlisted members are not precluded by this section from obtaining the benefits of other provisions of law that may give a higher grade to them on their release from active duty.

The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6484 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. § 857a (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter VIII / Section 857a: Repealed. Pub. L. 114-328, div. E, title LVIII, §5302(b)(1), Dec. 23, 2016, 130 Stat. 2923
Repealed. Pub. L. 114-328, div. E, title LVIII, §5302(b)(1), Dec. 23, 2016, 130 Stat. 2923
Status: repealed

[§857a. Repealed. Pub. L. 114–328, div. E, title LVIII, §5302(b)(1), Dec. 23, 2016, 130 Stat. 2923]

Section, added Pub. L. 90–632, §2(24), Oct. 24, 1968, 82 Stat. 1341, §857(d); amended Pub. L. 102–484, div. A, title X, §1064, Oct. 23, 1992, 106 Stat. 2505; renumbered §857a and amended Pub. L. 104–106, div. A, title XI, §1123(a), Feb. 10, 1996, 110 Stat. 463, related to deferment of sentence to confinement.

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. § 431 (2024) — Title 10: ARMED FORCES / Chapter 21 / Subchapter II / Section 431: Authority to engage in commercial activities as security for intelligence collection activities
Authority to engage in commercial activities as security for intelligence collection activities
Status: in_force

(a) Authority.—The Secretary of Defense, subject to the provisions of this subchapter, may authorize the conduct of those commercial activities necessary to provide security for authorized intelligence collection activities abroad undertaken by the Department of Defense. No commercial activity may be initiated pursuant to this subchapter after December 31, 2028.

(b) Interagency Coordination and Support.—Any such activity shall—

(1)(A) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director; and

(B) where appropriate, be supported by the Director; and

(2) to the extent the activity takes place within the United States, be coordinated with, and (where appropriate) be supported by, the Director of the Federal Bureau of Investigation.

(c) Definitions.—In this subchapter:

(1) The term "commercial activities" means activities that are conducted in a manner consistent with prevailing commercial practices and includes—

(A) the acquisition, use, sale, storage and disposal of goods and services;

(B) entering into employment contracts and leases and other agreements for real and personal property;

(C) depositing funds into and withdrawing funds from domestic and foreign commercial business or financial institutions;

(D) acquiring licenses, registrations, permits, and insurance; and

(E) establishing corporations, partnerships, and other legal entities.

(2) The term "intelligence collection activities" means the collection of foreign intelligence and counterintelligence information.

(Added Pub. L. 102–88, title V, §504(a)(2), Aug. 14, 1991, 105 Stat. 437; amended Pub. L. 104–93, title V, §503, Jan. 6, 1996, 109 Stat. 973; Pub. L. 105–272, title V, §501, Oct. 20, 1998, 112 Stat. 2404; Pub. L. 106–398, §1 [[div. A], title X, §1077], Oct. 30, 2000, 114 Stat. 1654, 1654A–282; Pub. L. 107–314, div. A, title X, §1053, Dec. 2, 2002, 116 Stat. 2649; Pub. L. 108–375, div. A, title IX, §921, Oct. 28, 2004, 118 Stat. 2029; Pub. L. 109–364, div. A, title IX, §931, Oct. 17, 2006, 120 Stat. 2362; Pub. L. 110–181, div. A, title IX, §931(b)(1), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, §932(a)(7), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, §1073(c)(10), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111–383, div. A, title IX, §921, Jan. 7, 2011, 124 Stat. 4330; Pub. L. 113–291, div. A, title XVI, §1623, Dec. 19, 2014, 128 Stat. 3632; Pub. L. 115–91, div. A, title XVI, §1622, Dec. 12, 2017, 131 Stat. 1732; Pub. L. 118–31, div. A, title XVIII, §1802, Dec. 22, 2023, 137 Stat. 685; Pub. L. 118–159, div. A, title XVI, §1611, Dec. 23, 2024, 138 Stat. 2166.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159, §1611(1), substituted "December 31, 2028" for "December 31, 2024".

Subsec. (b)(1). Pub. L. 118–159, §1611(2), added par. (1) and struck out former par. (1) which read as follows: "be coordinated with, and (where appropriate) be supported by, the Director of the Central Intelligence Agency; and".

2023—Subsec. (a). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2017—Subsec. (a). Pub. L. 115–91 substituted "December 31, 2023" for "December 31, 2017".

2014—Subsec. (a). Pub. L. 113–291 substituted "December 31, 2017" for "December 31, 2015".

2011—Subsec. (a). Pub. L. 111–383 substituted "December 31, 2015" for "December 31, 2010".

2009—Subsec. (b)(1). Pub. L. 111–84 repealed Pub. L. 110–417, §932(a)(7). See 2008 Amendment note below.

2008—Subsec. (b)(1). Pub. L. 110–417, §932(a)(7), which directed the amendment of subsec. (b)(1) by substituting "Director of National Intelligence" for "Director of Central Intelligence", was repealed by Pub. L. 111–84.

Pub. L. 110–181 substituted "Director of the Central Intelligence Agency" for "Director of Central Intelligence".

2006—Subsec. (a). Pub. L. 109–364 substituted "2010" for "2006".

2004—Subsec. (a). Pub. L. 108–375 substituted "2006" for "2004".

2002—Subsec. (a). Pub. L. 107–314 substituted "2004" for "2002".

2000—Subsec. (a). Pub. L. 106–398 substituted "2002" for "2000".

1998—Subsec. (a). Pub. L. 105–272 substituted "2000" for "1998".

1996—Subsec. (a). Pub. L. 104–93 substituted "1998" for "1995".

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, §1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

Effective Date

Pub. L. 102–88, title V, §504(b), Aug. 14, 1991, 105 Stat. 440, provided that: "The Secretary of Defense may not authorize any activity under section 431 of title 10, United States Code, as added by subsection (a), until the later of—

"(1) the end of the 90-day period beginning on the date of the enactment of this Act [Aug. 14, 1991]; or

"(2) the effective date of regulations first prescribed under section 436 of such title, as added by subsection (a)."
10 U.S.C. § 8762 (2024) — Title 10: ARMED FORCES / Chapter 875 / Section 8762: Excess clothing: sale for distribution to needy
Excess clothing: sale for distribution to needy
Status: in_force

(a) Subject to regulations under section 121 of title 40, the Secretary of the Navy, under regulations prescribed by him, may sell, at nominal prices, to recognized charitable organizations, to States and subdivisions thereof, and to municipalities nonregulation and excess clothing that may be available for distribution to the needy. The clothing may be sold only if the purchaser agrees not to resell it but to give it to the needy.

(b) A fair proportionate allotment of clothing to be sold under this section shall be set aside for distribution in each State and the District of Columbia. An allotment so set aside may not be sold for other distribution until at least 30 days after the allotment was made.

(Aug. 10, 1956, ch. 1041, 70A Stat. 465, §7542; Pub. L. 96–513, title V, §513(39), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 107–217, §3(b)(33), Aug. 21, 2002, 116 Stat. 1297; renumbered §8762, Pub. L. 115–232, div. A, title VIII, §807(d)(8), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes

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

7542 
34 U.S.C. 546d. 
Dec. 23, 1932, ch. 8, 47 Stat. 751; Oct. 31, 1951, ch. 654, §2(22), 65 Stat. 707.

In subsection (a) the words "absolutely free" are omitted as surplusage.

In subsection (b) the words "for other distribution" are substituted for the words "distribution within any other State". The words "at least" are added for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7542 of this title as this section.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 1184 (2024) — Title 10: ARMED FORCES / Chapter 60 / Section 1184: Removal of officer: action by Secretary upon recommendation of board of inquiry
Removal of officer: action by Secretary upon recommendation of board of inquiry
Status: in_force

The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under section 1182 of this title.

(Added Pub. L. 96–513, title I, §110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 105–261, div. A, title V, §503(b)(2), (c)(1), Oct. 17, 1998, 112 Stat. 2003.)

Editorial Notes

Amendments

1998—Pub. L. 105–261 substituted "inquiry" for "review" in section catchline and "board of inquiry convened under section 1182 of this title" for "board of review convened under section 1183 of this title" in text.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 950j (2024) — Title 10: ARMED FORCES / Chapter 47A / Subchapter VII / Section 950j: Finality of proceedings, findings, and sentences
Finality of proceedings, findings, and sentences
Status: in_force

The appellate review of records of trial provided by this chapter, and the proceedings, findings, and sentences of military commissions as approved, reviewed, or affirmed as required by this chapter, are final and conclusive. Orders publishing the proceedings of military commissions under this chapter are binding upon all departments, courts, agencies, and officers of the United States, subject only to action by the Secretary or the convening authority as provided in section 950i(c) of this title and the authority of the President.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2605.)

Editorial Notes

Prior Provisions

A prior section 950j, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2623; amended Pub. L. 110–181, div. A, title X, §1063(a)(7), Jan. 28, 2008, 122 Stat. 322, related to finality of proceedings, findings, and sentences, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 7460 (2024) — Title 10: ARMED FORCES / Chapter 753 / Section 7460: Cadets: charges and fees for attendance; limitation
Cadets: charges and fees for attendance; limitation
Status: in_force

(a) Prohibition.—Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.

(b) Exception.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.

(Added Pub. L. 108–375, div. A, title V, §545(a)(1), Oct. 28, 2004, 118 Stat. 1908, §4360; renumbered §7460, 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 4360 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. § 3156 (2024) — Title 10: ARMED FORCES / Chapter 209 / Subchapter I / Section 3156: Mission readiness exercises
Mission readiness exercises
Status: in_force

The joint policy required by section 3151 of this title shall also provide for the incorporation of contractors and contract operations in mission readiness exercises for operations that will include contracting and contractor support.

(Added and amended Pub. L. 116–283, div. A, title XVIII, §1810(a), (b)(6), Jan. 1, 2021, 134 Stat. 4162, 4164.)

Editorial Notes

Codification

The text of subsec. (e)(3) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, §1810(b)(6), was based on Pub. L. 110–181, div. A, title VIII, §849(a), Jan. 28, 2008, 122 Stat. 245.

Amendments

2021—Pub. L. 116–283, §1810(b)(6), transferred subsec. (e)(3) of section 2333 of this title to this section, struck out par. (3) designation at beginning, and inserted "required by section 3151 of this title" after "The joint policy".

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 2880 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter IV / Section 2880: Unit size and type
Unit size and type
Status: in_force

(a) Conformity With Similar Housing Units in Locale.—The Secretary concerned shall ensure that the room patterns and floor areas of military family housing units and military unaccompanied housing units acquired or constructed under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality concerned.

(b) Inapplicability of Limitations on Space by Pay Grade.—Sections 2826 and 2856 of this title shall not apply to military family housing or military unaccompanied housing units acquired or constructed under this subchapter.

(Added Pub. L. 104–106, div. B, title XXVIII, §2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 108–136, div. B, title XXVIII, §2806, Nov. 24, 2003, 117 Stat. 1722; Pub. L. 109–364, div. B, title XXVIII, §2807(b), Oct. 17, 2006, 120 Stat. 2469.)

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–364 substituted "Sections 2826 and 2856" for "(1) Section 2826", inserted "or military unaccompanied housing" after "military family housing", and struck out par. (2) which read as follows: "The regulations prescribed under section 2856 of this title shall not apply to any military unaccompanied housing unit acquired or constructed under this subchapter."

2003—Subsec. (b)(2). Pub. L. 108–136 struck out "unless the unit is located on a military installation" before period at end.
10 U.S.C. § 12319 (2024) — Title 10: ARMED FORCES / Chapter 1209 / Section 12319: Ready Reserve: muster duty
Ready Reserve: muster duty
Status: in_force

(a) Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered without his consent to muster duty one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster.

(b) The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year.

(c) Except as specified in subsection (d), muster duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title and the provisions of title 37 (other than section 206(a)) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors.

(d) Muster duty under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

(Added Pub. L. 101–189, div. A, title V, §502(a)(1), Nov. 29, 1989, 103 Stat. 1436, §687; renumbered §12319 and amended Pub. L. 103–337, div. A, title XVI, §§1662(e)(2), 1675(c)(10), Oct. 5, 1994, 108 Stat. 2992, 3018.)

Editorial Notes

Amendments

1994—Pub. L. 103–337, §1662(e)(2), renumbered section 687 of this title as this section.

Subsec. (d). Pub. L. 103–337, §1675(c)(10), substituted "1223" for "67".

Statutory Notes and Related Subsidiaries

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.
10 U.S.C. § 2506 (2024) — Title 10: ARMED FORCES / Chapter 148 / Subchapter II / Section 2506: Repealed. Pub. L. 116-283, div. A, title XVIII, §1867(c)(2), Jan. 1, 2021, 134 Stat. 4281
Repealed. Pub. L. 116-283, div. A, title XVIII, §1867(c)(2), Jan. 1, 2021, 134 Stat. 4281
Status: repealed

[§2506. Repealed. Pub. L. 116–283, div. A, title XVIII, §1867(c)(2), Jan. 1, 2021, 134 Stat. 4281]

Section, added Pub. L. 102–484, div. D, title XLII, §4216(a), Oct. 23, 1992, 106 Stat. 2668; amended Pub. L. 104–201, div. A, title VIII, §829(d), Sept. 23, 1996, 110 Stat. 2613; Pub. L. 111–383, div. A, title VIII, §895(d), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 115–91, div. A, title X, §1051(a)(18), Dec. 12, 2017, 131 Stat. 1561, related to Department of Defense technology and industrial base policy guidance. See section 4811(c) of this title.

A prior section 2506 was renumbered section 4861 of this title.

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.