" ! COMMITTEE PRINT 

112TH CONGRESS

1st Session 

NO. 2A 

TITLE 10, UNITED STATES CODE 

ARMED FORCES 

(As Amended Through January 7, 2011) 

VOLUME I 

Subtitle A, General Military Law 

Parts I and II (§§ 101– 2000) 

PREPARED FOR THE USE OF THE

COMMITTEE ON ARMED SERVICES 

OF THE

HOUSE OF REPRESENTATIVES 

JULY 2011 

Printed for the use of the Committee on 

Armed Services of the House of Representatives 
TITLE 10, UNITED STATES CODE—ARMED FORCES 

(As Amended Through January 7, 2011) 

Vol. I—Subtitle A, Parts I and II (§§ 101–2000) 
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publication over and locate the

desired section by following the

black markers.

SUBTITLE A—GENERAL MILITARY LAW 

Part I—Organization and General Military

Powers 

Part II—Personnel 

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67–342 

" ! COMMITTEE PRINT 

112TH CONGRESS

1st Session 

NO. 2A 

2011

TITLE 10, UNITED STATES CODE 

ARMED FORCES 

(As Amended Through January 7, 2011) 

VOLUME I 

Subtitle A, General Military Law 

Parts I and II (§§ 101– 2000) 

PREPARED FOR THE USE OF THE

COMMITTEE ON ARMED SERVICES 

OF THE

HOUSE OF REPRESENTATIVES 

JULY 2011 

Printed for the use of the Committee on 

Armed Services of the House of Representatives 

http: //armedservices.house.gov 
HOUSE COMMITTEE ON ARMED SERVICES 

ONE HUNDRED TWELFTH CONGRESS

HOWARD P. ‘‘BUCK’’ MCKEON, California, Chairman 

ROSCOE G. BARTLETT, Maryland 

MAC THORNBERRY, Texas 

WALTER B. JONES, North Carolina 

W. TODD AKIN, Missouri 

J. RANDY FORBES, Virginia 

JEFF MILLER, Florida 

JOE WILSON, South Carolina 

FRANK A. LOBIONDO, New Jersey 

MICHAEL TURNER, Ohio 

JOHN KLINE, Minnesota 

MIKE ROGERS, Alabama 

TRENT FRANKS, Arizona 

BILL SHUSTER, Pennsylvania 

K. MICHAEL CONAWAY, Texas 

DOUG LAMBORN, Colorado 

ROB WITTMAN, Virginia 

DUNCAN HUNTER, California 

JOHN C. FLEMING, M.D., Louisiana 

MIKE COFFMAN, Colorado 

TOM ROONEY, Florida 

TODD RUSSELL PLATTS, Pennsylvania 

SCOTT RIGELL, Virginia 

CHRIS GIBSON, New York 

VICKY HARTZLER, Missouri 

JOE HECK, Nevada 

BOBBY SCHILLING, Illinois 

JON RUNYAN, New Jersey 

AUSTIN SCOTT, Georgia 

TIM GRIFFIN, Arkansas 

STEVEN PALAZZO, Mississippi 

ALLEN B. WEST, Florida 

MARTHA ROBY, Alabama 

MO BROOKS, Alabama 

TODD YOUNG, Indiana 

ADAM SMITH, Washington 

SILVESTRE REYES, Texas 

LORETTA SANCHEZ, California 

MIKE MCINTYRE, North Carolina 

ROBERT A. BRADY, Pennsylvania 

ROBERT ANDREWS, New Jersey 

SUSAN A. DAVIS, California 

JAMES R. LANGEVIN, Rhode Island 

RICK LARSEN, Washington 

JIM COOPER, Tennessee 

MADELEINE Z. BORDALLO, Guam 

JOE COURTNEY, Connecticut 

DAVE LOEBSACK, Iowa 

GABRIELLE GIFFORDS, Arizona 

NIKI TSONGAS, Massachusetts 

CHELLIE PINGREE, Maine 

LARRY KISSELL, North Carolina 

MARTIN HEINRICH, New Mexico 

BILL OWENS, New York 

JOHN R. GARAMENDI, California 

MARK S. CRITZ, Pennsylvania 

TIM RYAN, Ohio 

C.A. DUTCH RUPPERSBERGER, Maryland 

HANK JOHNSON, Georgia 

BETTY SUTTON, Ohio 

COLLEEN HANABUSA, Hawaii 

Vacant 

ROBERT L. SIMMONS II, Staff Director 

(ii) 
(iii) 

C O N T E N T S 

Page 

Preface .......................................................................................... v 

Table of chapters of title 10 ....................................................... ix 

Table of sections of title 10 ......................................................... xix 

Dispositions of title 10 sections made by ROPMA reorganization ............................................................................................ xcvii 

Source of sections of subtitle E resulting from ROPMA 

reorganization .......................................................................... cv 

Title 10, United States Code ................................................. 1 

Subtitle A—General Military Law ................................... 5 

Part I—Organization and General Military Powers ......... 9 

Part II—Personnel ............................................................... 215 

[NOTE: The following appear in Volume II of this 

publication] 

Subtitle A—General Military Law 

Part III—Training and Education ...................................... 957 

Part IV—Service, Supply, and Procurement ..................... 1069 

[NOTE: The following appear in Volume III of this 

publication] 

Subtitle B—Army .................................................................. 1689 

Part I—Organization ........................................................... 1691 

Part II—Personnel ............................................................... 1717 

Part III—Training ................................................................ 1757 

Part IV—Service, Supply, and Procurement ..................... 1791 

Subtitle C—Navy and Marine Corps ............................... 1835 

Part I—Organization ........................................................... 1837 

Part II—Personnel ............................................................... 1873 

Part III—Education and Training ...................................... 1933 

Part IV—General Administration ...................................... 1979 

Subtitle D—Air Force .......................................................... 2067 

Part I—Organization ........................................................... 2069 

Part II—Personnel ............................................................... 2089 

Part III—Training ................................................................ 2125 

Part IV—Service, Supply, and Procurement ..................... 2169 

Subtitle E—Reserve Components .................................... 2207 

Part I—Organization and Administration ......................... 2209 

Part II—Personnel Generally ............................................. 2253 

Part III—Promotion and Retention of Officers on the 

Reserve Active-Status List .............................................. 2335 

Part IV—Training for Reserve Components and Educational Assistance Programs .......................................... 2389 

Part V—Service, Supply, and Procurement ....................... 2427 
Page

iv 

Laws providing that certain provisions of title 10 are applicable to the Commissioned Corps of the Public Health 

Service and the National Oceanic and Atmospheric 

Administration ......................................................................... 2441 
(v) 

PREFACE 

This committee print contains the text of title 10, United 

States Code (‘‘Armed Forces’’), as amended through the end of the 

111th Congress. An electronic version of this publication can be 

found on the committee’s website at http://armedservices.house.gov/ 

and at http://www.gpo.gov/fdsys/. 

Due to the size of this publication, the printed version of this 

publication appears in three volumes. 

During the 7 years since this publication was last issued, the 

preponderance of amendments to title 10 were made by the seven 

annual defense authorization Acts enacted during that period (covering the second session of the 108th Congress through the second 

session of the 111th Congress), the most recent being the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383, enacted January 7, 2011). 

Title 10, United States Code, contains the organic law governing the Armed Forces of the United States and providing for the 

organization of the Department of Defense, including the military 

departments and the Reserve Components. Title 32, United States 

Code, contains the law relating to the administration of the National Guard. Titles 10 and 32 were enacted into positive law by 

the Act of August 10, 1956 (70A Stat. 1), as a codification of all 

laws then in existence that were permanent and of general applicability to the Armed Forces and the National Guard. By the same 

Act, Congress repealed the numerous source laws for the codification. 

Title 10 is comprised of five subtitles, as follows: 

• Subtitle A, General Military Law. 

• Subtitle B, Army. 

• Subtitle C, Navy and Marine Corps. 

• Subtitle D, Air Force. 

• Subtitle E, Reserve Components. 

Subtitle A contains laws applicable to the Department of Defense generally and to all of the Armed Forces, including, in some 

instances, the Coast Guard. (Laws that are applicable only to the 

Coast Guard are contained in title 14, United States Code.) Many 

of the provisions of subtitle A are also applicable to the commissioned corps of the Public Health Service and the commissioned 

corps of the National Oceanic and Atmospheric Administration. 

Subtitles B, C, and D contain laws applicable to only one of the 

three military departments. Subtitle B contains laws providing for 

the organization and operation of the Department of the Army and 

of the Army; subtitle C contains laws providing for the organization 
vi 

and operation of the Department of the Navy and of the Navy and 

Marine Corps; subtitle D contains laws providing for the organization and operation of the Department of the Air Force and of the 

Air Force. 

In the 1956 codification of title 10, subtitles B and D were 

based on laws formerly applicable to the Department of War and 

to the Army before the establishment of the Department of Defense 

and the separation of the Air Force from the Army in 1947. Thus, 

the organization and wording of those two subtitles are in many respects parallel. Subtitle C was based on a separate body of law formerly applicable to the cabinet-level Department of the Navy and 

to the Navy and Marine Corps before the establishment of the Department of Defense. The Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433) standardized 

many provisions of subtitles B, C, and D to provide uniform statutory provisions for the basic authorities of the Secretaries of the 

military departments and the uniformed service chiefs. 

Subtitle E contains laws applicable to the Reserve Components. That subtitle was created effective December 1, 1994, by the 

Reserve Officer Personnel Management Act (ROPMA) (enacted as 

title XVI of Public Law 103–337, the National Defense Authorization Act for Fiscal Year 1995). The subtitle is a consolidation of the 

previous provisions of title 10 pertaining to the Reserve Components of the Armed Forces, including (in many instances) the Coast 

Guard Reserve. Two reference tables, one showing the disposition 

of previous title 10 sections into subtitle E, and the second showing 

the source of provisions of subtitle E, are set forth at the beginning 

of this publication after the table of sections. 

This committee print shows the current text of title 10 and a 

listing, after each section, of the statutes that added that section 

to title 10 and that have since amended it. 

The official publication of the United States Code (prepared by 

the Office of the Law Revision Counsel of the House of Representatives) and commercial publications of the Code include additional 

reference material after each section, including material showing 

specific changes made by each amendment and relevant effective 

date and transition provisions. Commercial publications of the 

Code also indicate relevant court decisions decided under a section 

of the Code. 
(vii) 

For changes after the closing date of this publication (January 

7, 2011) to provisions of law contained in this publication, see the 

United States Code Classification Tables published by the Office of 

the Law Revision Counsel of the House of Representatives at 

http://uscode.house.gov/classification/tables.shtml. 

ix 

1This table of chapters and the following table of sections are not part of title 10 and are 

included for the convenience of the reader. 

TABLE OF CHAPTERS OF TITLE 10 1

TITLE 10, UNITED STATES CODE 

ARMED FORCES 

[Subtitles of title 10] 

Subtitle Sec. 

A. GENERAL MILITARY LAW ..................................................................... 101 

B. ARMY .......................................................................................................... 3001 

C. NAVY AND MARINE CORPS .................................................................. 5001 

D. AIR FORCE ................................................................................................ 8001 

E. RESERVE COMPONENTS ....................................................................... 10001 

[Chapters of title 10] 

SUBTITLE A—GENERAL MILITARY LAW 

PART I—ORGANIZATION AND GENERAL MILITARY POWERS 

Chap. Sec. 

1. Definitions ....................................................................... 101 

2. Department of Defense ................................................... 111 

3. General Powers and Functions ...................................... 121 

4. Office of the Secretary of Defense ................................. 131 

5. Joint Chiefs of Staff ........................................................ 151 

6. Combatant Commands ................................................... 161 

7. Boards, Councils, and Committees ................................ 171 

8. Defense Agencies and Department of Defense Field 

Activities ...................................................................... 191 

9. Defense Budget Matters ................................................. 221 

11. Reserve Components ....................................................... 261 

13. The Militia ....................................................................... 311 

15. Insurrection ..................................................................... 331 

17. Arming of American Vessels .......................................... 351 

18. Military Support for Civilian Law Enforcement 

Agencies ....................................................................... 371 

20. Humanitarian and Other Assistance ............................ 401 

21. Department of Defense Intelligence Matters ................ 421 

22. National Geospatial-Intelligence Agency ...................... 441 

23. Miscellaneous Studies and Reports ............................... 480 
CHAPTERS OF TITLE 10 [this volume] x 

PART II—PERSONNEL 

31. Enlistments ..................................................................... 501

32. Officer Strength and Distribution in Grade ................. 521

33. Original Appointments of Regular Officers in Grades 

Above Warrant Officer Grades ................................... 531

33A. Appointment, Promotion, and Involuntary Separation 

and Retirement for Members on the Warrant Officer Active-Duty List .................................................... 571

34. Appointments as Reserve Officers ................................. 591

35. Temporary Appointments in Officer Grades ................ 601

36. Promotion, Separation, and Involuntary Retirement 

of Officers on the Active-Duty List ............................ 611

37. General Service Requirements ...................................... 651

38. Joint Officer Management .............................................. 661

39. Active Duty ...................................................................... 671

40. Leave ................................................................................ 701

41. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 711

43. Rank and Command ....................................................... 741

45. The Uniform .................................................................... 771

47. Uniform Code of Military Justice .................................. 801

47A. Military Commissions ..................................................... 948a 

48. Military Correctional Facilities ...................................... 951

49. Miscellaneous Prohibitions and Penalties .................... 971

50. Miscellaneous Command Responsibilities .................... 991

51. Reserve Components: Standards and Procedures for 

Retention and Promotion ............................................ 1001

53. Miscellaneous Rights and Benefits ................................ 1030

54. Commissary and Exchange Benefits ............................. 1061

55. Medical and Dental Care ............................................... 1071

56. Department of Defense Medicare-Eligible Retiree 

Health Care Fund ....................................................... 1111

57. Decorations and Awards ................................................. 1121

58. Benefits and Services for Members Being Separated 

or Recently Separated ................................................. 1141

59. Separation ....................................................................... 1161

60. Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons ....... 1181

61. Retirement or Separation for Physical Disability ........ 1201

63. Retirement for Age ......................................................... 1251

65. Retirement of Warrant Officers for Length of Service 1293

67. Retired Pay for Non-Regular Service ............................ 1331

69. Retired Grade .................................................................. 1370

71. Computation of Retired Pay ........................................... 1401

73. Annuities Based on Retired or Retainer Pay ............... 1431

74. Department of Defense Military Retirement Fund ...... 1461

75. Deceased Personnel ........................................................ 1471

76. Missing Persons .............................................................. 1501

77. Posthumous Commissions and Warrants ..................... 1521

79. Correction of Military Records ....................................... 1551

80. Miscellaneous Investigation Requirements and Other 

Duties ........................................................................... 1561

81. Civilian Employees ......................................................... 1580
xi CHAPTERS OF TITLE 10 [volume II] 

83. Civilian Defense Intelligence Employees ...................... 1601

[85. Repealed.] 

87. Defense Acquisition Workforce ...................................... 1701

88. Military Family Programs and Military Child Care .... 1781

[89. Repealed.] 

[NOTE: Parts III and IV are set out in Volume II of this 

publication] 

PART III—TRAINING AND EDUCATION 

101. Training Generally .......................................................... 2001

102. Junior Reserve Officers’ Training Corps ....................... 2031

103. Senior Reserve Officers’ Training Corps ....................... 2101

104. Uniformed Services University of the Health Sciences 2112

105. Armed Forces Health Professions Financial Assistance Programs ............................................................. 2120

106. Educational Assistance for Members of the Selected 

Reserve ......................................................................... 2131

106A. Educational Assistance for Persons Enlisting for Active Duty ...................................................................... 2141

107. Professional Military Education .................................... 2151

108. Department of Defense Schools ..................................... 2161

109. Educational Loan Repayment Programs ...................... 2171

110. Educational Assistance for Members Held as Captives 

and Their Dependents ................................................. 2181

111. Support of Science, Mathematics, and Engineering 

Education ..................................................................... 2191

112. Information Security Scholarship Program .................. 2200

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

131. Planning and Coordination ............................................ 2201

133. Facilities for Reserve Components ................................ 2231

134. Miscellaneous Administrative Provisions ..................... 2241

135. Space Programs ............................................................... 2271

136. Provisions Relating to Specific Programs ..................... 2281

137. Procurement Generally ................................................... 2301

138. Cooperative Agreements with NATO Allies and Other 

Countries ...................................................................... 2341

139. Research and Development ............................................ 2351

140. Procurement of Commercial Items ................................ 2375

141. Miscellaneous Procurement Provisions ......................... 2381

142. Procurement Technical Assistance Cooperative Agreement Program .............................................................. 2411

143. Production by Military Agencies .................................... 2421

144. Major Defense Acquisition Programs ............................ 2430

144A. Major Automated Information System Programs ........ 2445a 

145. Cataloging and Standardization .................................... 2451

146. Contracting for Performance of Civilian Commercial 

or Industrial Type Functions ..................................... 2460

147. Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities ................................... 2481

148. National Defense Technology and Industrial Base, 

Defense Reinvestment, and Defense Conversion ...... 2500
CHAPTERS OF TITLE 10 [volume II] xii 

149. Defense Acquisition System ........................................... 2545 

[150. Repealed.] 

152. Issue of Supplies, Services, and Facilities .................... 2551 

153. Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property ...................................... 2571 

155. Acceptance of Gifts and Services ................................... 2601 

157. Transportation ................................................................ 2631 

159. Real Property; Related Personal Property; and Lease 

of Non-Excess Property ............................................... 2661 

160. Environmental Restoration ............................................ 2700 

161. Property Records and Report of Theft or Loss of Certain Property ................................................................ 2721 

163. Military Claims ............................................................... 2731 

165. Accountability and Responsibility ................................. 2771 

[167. Repealed.] 

169. Military Construction and Military Family Housing ... 2801 

[171. Repealed.] 

172. Strategic Environmental Research and Development 

Program ........................................................................ 2901 

173. Energy Security ............................................................... 2911 

[NOTE: Subtitles B–E are set out in Volume III of this 

publication] 

SUBTITLE B—ARMY 

PART I—ORGANIZATION 

Chap. Sec. 

301. Definitions ....................................................................... 3001 

303. Department of the Army ................................................ 3010 

305. The Army Staff ................................................................ 3031 

307. The Army ......................................................................... 3061 

PART II—PERSONNEL 

331. Strength ........................................................................... 3201 

333. Enlistments ..................................................................... 3251 

335. Appointments in the Regular Army .............................. 3281 

[337. Repealed.] 

339. Temporary Appointments ............................................... 3441 

341. Active Duty ...................................................................... 3491 

343. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 3531 

345. Rank and Command ....................................................... 3571 

[347. Repealed.] 

349. Miscellaneous Prohibitions and Penalties .................... 3631 

[351. Repealed.] 

353. Miscellaneous Rights and Benefits ................................ 3681 

355. Hospitalization ................................................................ 3721 

357. Decorations and Awards ................................................. 3741 

[359. Repealed.] 

[360. Repealed.] 

[361. Repealed.] 

[363. Repealed.] 
xiii CHAPTERS OF TITLE 10 [volume III] 

[365. Repealed.] 

367. Retirement for Length of Service .................................. 3911 

369. Retired Grade .................................................................. 3961 

371. Computation of Retired Pay ........................................... 3991 

373. Civilian Employees ......................................................... 4021 

375. Miscellaneous Investigation Requirements and Other 

Duties ........................................................................... 4061 

PART III—TRAINING 

401. Training Generally .......................................................... 4301 

403. United States Military Academy ................................... 4331 

[405. Repealed.] 

407. Schools and Camps ......................................................... 4411 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

[431. Repealed.] 

433. Procurement .................................................................... 4531 

434. Armaments Industrial Base ........................................... 4551 

435. Issue of Serviceable Material to Armed Forces ............ 4561 

437. Utilities and Services ...................................................... 4591 

439. Sale of Serviceable Material .......................................... 4621 

441. Issue of Serviceable Material Other Than to Armed 

Forces ........................................................................... 4651 

443. Disposal of Obsolete or Surplus Material ..................... 4681 

445. Disposition of Effects of Deceased Persons; Captured 

Flags ............................................................................. 4711 

447. Transportation ................................................................ 4741 

449. Real Property .................................................................. 4771 

451. Military Claims ............................................................... 4801 

453. Accountability and Responsibility ................................. 4831 

SUBTITLE C—NAVY AND MARINE CORPS 

PART I—ORGANIZATION 

Chap. Sec. 

501. Definitions ....................................................................... 5001 

503. Department of the Navy ................................................. 5011 

505. Office of the Chief of Naval Operations ........................ 5031 

506. Headquarters, Marine Corps ......................................... 5041 

507. Composition of the Department of the Navy ................ 5061 

[509. Repealed.] 

[511. Repealed.] 

513. Bureaus; Office of the Judge Advocate General ........... 5131 

[515. Repealed.] 

[516. Repealed.] 

[517. Repealed.] 

[519. Repealed.] 

PART II—PERSONNEL 

[531. Repealed.] 

533. Distribution in Grade ..................................................... 5441 

535. Grade and Rank of Officers ........................................... 5501 

537. Enlistments ..................................................................... 5531 

539. Original Appointments ................................................... 5571 
CHAPTERS OF TITLE 10 [volume III] xiv 

[541. Repealed.] 

[543. Repealed.] 

544. Temporary Appointments ............................................... 5721 

[545. Repealed.] 

[547. Repealed.] 

[549. Repealed.] 

551. Officers in Command ...................................................... 5941 

553. Special Assignments and Details .................................. 5981 

555. Administration ................................................................ 6011 

557. Rations ............................................................................. 6081 

559. Miscellaneous Prohibitions and Penalties .................... 6111 

561. Miscellaneous Rights and Benefits ................................ 6141 

563. Hospitalization and Medical Care ................................. 6201 

565. Bands ............................................................................... 6221 

567. Decorations and Awards ................................................. 6241 

569. Discharge of Enlisted Members ..................................... 6291 

571. Voluntary Retirement ..................................................... 6321 

573. Involuntary Retirement, Separation, and Furlough .... 6371 

575. Recall to Active Duty ...................................................... 6481 

577. Death Benefits; Care of the Dead .................................. 6521 

PART III—EDUCATION AND TRAINING 

601. Officer Procurement Programs ...................................... 6901 

602. Training Generally .......................................................... 6931 

603. United States Naval Academy ....................................... 6951 

605. United States Naval Postgraduate School .................... 7041 

607. Retirement of Civilian Members of the Teaching 

Staffs of the United States Naval Academy and 

United States Naval Postgraduate School ................ 7081 

609. Professional Military Education Schools ....................... 7101 

PART IV—GENERAL ADMINISTRATION 

631. Secretary of the Navy: Miscellaneous Powers and 

Duties ........................................................................... 7201 

633. Naval Vessels .................................................................. 7291 

[635. Repealed.] 

637. Salvage Facilities ............................................................ 7361 

639. United States Naval Observatory .................................. 7391 

641. Naval Petroleum Reserves ............................................. 7420 

643. Civilian Employees ......................................................... 7471 

645. Procurement of Supplies and Services .......................... 7521 

647. Disposal of Obsolete or Surplus Material ..................... 7541 

649. Quarters, Utilities, and Services ................................... 7571 

651. Ships’ Stores and Commissary Stores ........................... 7601 

653. Claims .............................................................................. 7621 

655. Prize ................................................................................. 7651 

657. Stay of Judicial Proceedings .......................................... 7721 

659. Naval Militia ................................................................... 7851 

661. Accountability and Responsibility ................................. 7861 

663. Names and Insignia ........................................................ 7881 

665. National Oceanographic Partnership Program ............ 7901 

667. Issue of Serviceable Material Other Than to Armed 

Forces ........................................................................... 7911 
xv CHAPTERS OF TITLE 10 [volume III] 

SUBTITLE D—AIR FORCE 

PART I—ORGANIZATION 

Chap. Sec. 

801. Definitions. [No present sections] 

803. Department of the Air Force .......................................... 8010 

805. The Air Staff .................................................................... 8031 

807. The Air Force .................................................................. 8061 

PART II—PERSONNEL 

831. Strength ........................................................................... 8201 

833. Enlistments ..................................................................... 8251 

835. Appointments in the Regular Air Force ........................ 8281 

[837. Repealed.] 

839. Temporary Appointments ............................................... 8441 

841. Active Duty ...................................................................... 8491 

843. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 8531 

845. Rank and Command ....................................................... 8571 

[847. Repealed.] 

849. Miscellaneous Prohibitions and Penalties .................... 8631 

[851. Repealed.] 

853. Miscellaneous Rights and Benefits ................................ 8681 

855. Hospitalization ................................................................ 8721 

857. Decorations and Awards ................................................. 8741 

[859. Repealed.] 

[860. Repealed.] 

861. Separation for Various Reasons ..................................... 8811 

[863. Repealed.] 

[865. Repealed.] 

867. Retirement for Length of Service .................................. 8911 

869. Retired Grade .................................................................. 8961 

871. Computation of Retired Pay ........................................... 8991 

873. Civilian Employees ......................................................... 9021 

875. Miscellaneous Investigation Requirements and Other 

Duties ........................................................................... 9061 

PART III—TRAINING 

901. Training Generally .......................................................... 9301 

903. United States Air Force Academy ................................. 9331 

905. Aviation Leadership Program ........................................ 9381 

907. Schools and Camps ......................................................... 9411 

909. Civil Air Patrol ................................................................ 9441 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

931. Civil Reserve Air Fleet ................................................... 9511 

933. Procurement .................................................................... 9531 

935. Issue of Serviceable Material to Armed Forces ............ 9561 

937. Utilities and Services ...................................................... 9591 

939. Sale of Serviceable Material .......................................... 9621 

941. Issue of Serviceable Material Other Than to Armed 

Forces ........................................................................... 9651 

943. Disposal of Obsolete or Surplus Material ..................... 9681 
CHAPTERS OF TITLE 10 [volume III] xvi 

945. Disposition of Effects of Deceased Persons ................... 9711 

947. Transportation ................................................................ 9741 

949. Real Property .................................................................. 9771 

951. Military Claims ............................................................... 9801 

953. Accountability and Responsibility ................................. 9831 

SUBTITLE E—RESERVE COMPONENTS 

PART I—ORGANIZATION AND ADMINISTRATION 

Chap. Sec. 

1001. Definitions ....................................................................... 10001 

1003. Reserve Components Generally ..................................... 10101 

1005. Elements of Reserve Components ................................. 10141 

1006. Reserve Component Commands .................................... 10171 

1007. Administration of Reserve Components ........................ 10201 

1009. Reserve Forces Policy Boards and Committees ............ 10301 

1011. National Guard Bureau .................................................. 10501 

1013. Budget Information and Annual Reports to Congress .. 10541 

PART II—PERSONNEL GENERALLY 

1201. Authorized Strengths and Distribution in Grade ........ 12001 

1203. Enlisted Members ........................................................... 12101 

1205. Appointment of Reserve Officers ................................... 12201 

1207. Warrant Officers ............................................................. 12241 

1209. Active Duty ...................................................................... 12301 

1211. National Guard Members in Federal Service ............... 12401 

1213. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 12501 

1214. Ready Reserve Mobilization Income Insurance ............ 12521 

1215. Miscellaneous Prohibitions and Penalties .................... 12551 

1217. Miscellaneous Rights and Benefits ................................ 12601 

1219. Standards and Procedures for Retention and Promotion ........................................................................... 12641 

1221. Separation ....................................................................... 12681 

1223. Retired Pay for Non-Regular Service ............................ 12731 

1225. Retired Grade .................................................................. 12771 

PART III—PROMOTION AND RETENTION OF OFFICERS ON 

THE RESERVE ACTIVE-STATUS LIST 

1401. Applicability and Reserve Active-Status Lists ............. 14001 

1403. Selection Boards .............................................................. 14101 

1405. Promotions ....................................................................... 14301 

1407. Failure of Selection for Promotion and Involuntary 

Separation .................................................................... 14501 

1409. Continuation of Officers on the Reserve Active-Status 

List and Selective Early Removal .............................. 14701 

1411. Additional Provisions Relating to Involuntary Separation ................................................................................ 14901 

PART IV—TRAINING FOR RESERVE COMPONENTS AND 

EDUCATIONAL ASSISTANCE PROGRAMS 

1601. Training Generally. [No present sections] 
xvii CHAPTERS OF TITLE 10 [volume III] 

1606. Educational Assistance for Members of the Selected 

Reserve ......................................................................... 16131 

1607. Educational Assistance for Reserve Component Members Supporting Contingency Operations and Certain Other Operations ................................................. 16161 

1608. Health Professions Stipend Program ............................ 16201 

1609. Education Loan Repayment Programs .......................... 16301 

1611. Other Educational Assistance Programs ...................... 16401 

PART V—SERVICE, SUPPLY, AND PROCUREMENT 

1801. Issue of Serviceable Material to Reserve Components. 

[No present sections] 

1803. Facilities for Reserve Components ................................ 18231 

1805. Miscellaneous Provisions ................................................ 18501 

xix 

TABLE OF SECTIONS OF TITLE 10 

SUBTITLE A—GENERAL MILITARY LAW 

PART I—ORGANIZATION AND GENERAL MILITARY POWERS 

CHAPTER 1—DEFINITIONS 

Sec. 

101. Definitions. 

CHAPTER 2—DEPARTMENT OF DEFENSE 

Sec. 

111. Executive department. 

112. Department of Defense: seal. 

113. Secretary of Defense. 

113a. Transmission of annual defense authorization request. 

114. Annual authorization of appropriations. 

[114a. Renumbered.] 

115. Personnel strengths: requirement for annual authorization. 

115a. Annual defense manpower requirements report. 

115b. Annual strategic workforce plan. 

116. Annual operations and maintenance report. 

117. Readiness reporting system: establishment; reporting to congressional committees. 

118. Quadrennial defense review. 

118a. Quadrennial quality of life review. 

118b. Quadrennial roles and missions review. 

119. Special access programs: congressional oversight. 

CHAPTER 3—GENERAL POWERS AND FUNCTIONS 

Sec. 

121. Regulations. 

122. Official registers. 

122a. Public availability of Department of Defense reports required by law. 

123. Authority to suspend officer personnel laws during war or national emergency. 

123a. Suspension of end-strength and other strength limitations in time of war 

or national emergency. 

123b. Forces stationed abroad: limitation on number. 

124. Detection and monitoring of aerial and maritime transit of illegal drugs: 

Department of Defense to be lead agency. 

125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition. 

126. Transfer of funds and employees. 

127. Emergency and extraordinary expenses. 

127a. Operations for which funds are not provided in advance: funding mechanisms. 

127b. Assistance in combating terrorism: rewards. 

127c. Purchase of weapons overseas: force protection. 

127d. Allied forces participating in combined operations: authority to provide logistic support, supplies, and services. 

128. Physical protection of special nuclear material: limitation on dissemination 

of unclassified information. 

129. Prohibition of certain civilian personnel management constraints. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xx 

1Section 133b was renumbered as section 138a by sec. 906(b)(1)(A) of Pub. L. 111–84 without 

corresponding amendment to the table of sections to strike the item for section 133b. 

129a. General personnel policy. 

129b. Authority to procure personal services. 

129c. Medical personnel: limitations on reductions. 

130. Authority to withhold from public disclosure certain technical data. 

[130a. Repealed.] 

130b. Personnel in overseas, sensitive, or routinely deployable units: nondisclosure of personally identifying information. 

130c. Nondisclosure of information: certain sensitive information of foreign governments and international organizations. 

130d. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel. 

CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE 

Sec. 

131. Office of the Secretary of Defense. 

132. Deputy Secretary of Defense. 

132a. Deputy Chief Management Officer. 

133. Under Secretary of Defense for Acquisition, Technology, and Logistics. 

[133a. Repealed.] 

133b.1 Deputy Under Secretary of Defense for Logistics and Materiel Readiness. 

134. Under Secretary of Defense for Policy. 

[134b. Repealed.] 

135. Under Secretary of Defense (Comptroller). 

136. Under Secretary of Defense for Personnel and Readiness. 

[136a. Repealed.] 

137. Under Secretary of Defense for Intelligence. 

137a. Principal Deputy Under Secretaries of Defense. 

138. Assistant Secretaries of Defense. 

138a. Assistant Secretary of Defense for Logistics and Materiel Readiness. 

138b. Assistant Secretary of Defense for Research and Engineering. 

138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. 

138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. 

139. Director of Operational Test and Evaluation. 

139a. Director of Cost Assessment and Program Evaluation. 

139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: 

joint guidance. 

139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy. 

[139d, 139e. Renumbered.] 

140. General Counsel. 

[140a to 140c. Renumbered.] 

141. Inspector General. 

[142. Renumbered.] 

143. Office of the Secretary of Defense personnel: limitation. 

144. Director of Small Business Programs. 

CHAPTER 5—JOINT CHIEFS OF STAFF 

Sec. 

151. Joint Chiefs of Staff: composition; functions. 

152. Chairman: appointment; grade and rank. 

153. Chairman: functions. 

154. Vice Chairman. 

155. Joint Staff. 

156. Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

CHAPTER 6—COMBATANT COMMANDS 

Sec. 

161. Combatant commands: establishment. 

162. Combatant commands: assigned forces; chain of command. 

163. Role of Chairman of Joint Chiefs of Staff. 

164. Commanders of combatant commands: assignment; powers and duties. 

165. Combatant commands: administration and support. 
xxi TABLE OF SECTIONS OF TITLE 10 [this volume] 

166. Combatant commands: budget proposals. 

166a. Combatant commands: funding through the Chairman of Joint Chiefs of 

Staff. 

166b. Combatant commands: funding for combating terrorism readiness initiatives. 

167. Unified combatant command for special operations forces. 

167a. Unified combatant command for joint warfighting experimentation: acquisition authority. 

168. Military-to-military contacts and comparable activities. 

CHAPTER 7—BOARDS, COUNCILS, AND COMMITTEES 

Sec. 

171. Armed Forces Policy Council. 

172. Ammunition storage board. 

173. Advisory personnel. 

174. Advisory personnel: research and development. 

175. Reserve Forces Policy Board. 

176. Armed Forces Institute of Pathology. 

177. American Registry of Pathology. 

178. The Henry M. Jackson Foundation for the Advancement of Military Medicine. 

179. Nuclear Weapons Council. 

180. Service academy athletic programs: review board. 

181. Joint Requirements Oversight Council. 

182. Center for Excellence in Disaster Management and Humanitarian Assistance. 183. Department of Defense Board of Actuaries. 

184. Regional Centers for Security Studies. 

185. Financial Management Modernization Executive Committee. 

186. Defense Business System Management Committee. 

187. Strategic Materials Protection Board. 

CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD 

ACTIVITIES 

Subchapter Sec. 

I. Common Supply and Service Activities .................................................... 191 

II. Miscellaneous Defense Agency Matters ................................................... 201 

SUBCHAPTER I—COMMON SUPPLY AND SERVICE ACTIVITIES

Sec. 

191. Secretary of Defense: authority to provide for common performance of supply or service activities. 

192. Defense Agencies and Department of Defense Field Activities: oversight by 

the Secretary of Defense. 

193. Combat support agencies: oversight. 

194. Limitations on personnel. 

195. Defense Automated Printing Service: applicability of Federal printing requirements. 

196. Department of Defense Test Resource Management Center. 

197. Defense Logistics Agency: fees charged for logistics information. 

SUBCHAPTER II—MISCELLANEOUS DEFENSE AGENCY MATTERS

Sec. 

201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance. 

[202. Repealed.] 

203. Director of Missile Defense Agency. 

CHAPTER 9—DEFENSE BUDGET MATTERS 

Sec. 

221. Future-years defense program: submission to Congress; consistency in budgeting. 

222. Future-years mission budget. 

223. Ballistic missile defense programs: program elements. 

223a. Ballistic missile defense programs: procurement. 

224. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxii 

226. Scoring of outlays. 

[227. Repealed.] 

228. Quarterly reports on allocation of funds within operation and maintenance 

budget subactivities. 

229. Programs for combating terrorism: display of budget information. 

[230. Repealed.] 

231. Long-range plan for construction of naval vessels. 

231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual 

plan and certification. 

232. United States Joint Forces Command: amounts for research, development, 

test, and evaluation to be derived only from Defense-wide amounts. 

233. Operation and maintenance budget presentation. 

234. POW/MIA activities: display of budget information. 

235. Procurement of contract services: specification of amounts requested in 

budget. 

CHAPTER 11—RESERVE COMPONENTS 

Sec. 

261. Reference to chapters 1003, 1005, and 1007. 

CHAPTER 13—THE MILITIA 

Sec. 

311. Militia: composition and classes. 

312. Militia duty: exemptions. 

CHAPTER 15—INSURRECTION 

Sec. 

331. Federal aid for State governments. 

332. Use of militia and armed forces to enforce Federal authority. 

333. Interference with State and Federal law. 

334. Proclamation to disperse. 

335. Guam and Virgin Islands included as ‘‘State’’. 

[336. Repealed.] 

CHAPTER 17—ARMING OF AMERICAN VESSELS 

Sec. 

351. During war or threat to national security. 

CHAPTER 18—MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT 

AGENCIES 

Sec. 

371. Use of information collected during military operations. 

372. Use of military equipment and facilities. 

373. Training and advising civilian law enforcement officials. 

374. Maintenance and operation of equipment. 

375. Restriction on direct participation by military personnel. 

376. Support not to affect adversely military preparedness. 

377. Reimbursement. 

378. Nonpreemption of other law. 

379. Assignment of Coast Guard personnel to naval vessels for law enforcement 

purposes. 

380. Enhancement of cooperation with civilian law enforcement officials. 

381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, 

and emergency response activities. 

382. Emergency situations involving weapons of mass destruction. 

CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE 

Sec. 

401. Humanitarian and civic assistance provided in conjunction with military operations. 

402. Transportation of humanitarian relief supplies to foreign countries. 

[403. Repealed.] 

404. Foreign disaster assistance. 

405. Use of Department of Defense funds for United States share of costs of 

United Nations peacekeeping activities: limitation. 
xxiii TABLE OF SECTIONS OF TITLE 10 [this volume] 

[406. Renumbered.] 

407. Humanitarian demining assistance: authority; limitations. 

408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States Government personnel. 

409. Center for Complex Operations. 

[410. Repealed.] 

CHAPTER 21—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS 

Subchapter Sec. 

I. General Matters ......................................................................................... 421 

II. Intelligence Commercial Activities ........................................................... 431 

SUBCHAPTER I—GENERAL MATTERS

Sec. 

421. Funds for foreign cryptologic support. 

422. Use of funds for certain incidental purposes. 

423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency. 

424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies. 

425. Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies. 

426. Integration of Defense intelligence, surveillance, and reconnaissance capabilities. 

427. Intelligence oversight activities of Department of Defense: annual reports. 

428. Defense industrial security. 

SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES

Sec. 

431. Authority to engage in commercial activities as security for intelligence collection activities. 

432. Use, disposition, and auditing of funds. 

433. Relationship with other Federal laws. 

434. Reservation of defenses and immunities. 

435. Limitations. 

436. Regulations. 

437. Congressional oversight. 

CHAPTER 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 

Subchapter Sec. 

I. Missions and Authority ............................................................................. 441 

II. Maps, Charts, and Geodetic Products ...................................................... 451 

III. Personnel Management ............................................................................. 461 

IV. Definitions ................................................................................................... 467 

SUBCHAPTER I—MISSIONS AND AUTHORITY

Sec. 

441. Establishment. 

442. Missions. 

443. Imagery intelligence and geospatial information: support for foreign countries. 

444. Support from Central Intelligence Agency. 

[445. Repealed.] 

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC PRODUCTS

Sec. 

451. Maps, charts, and books. 

452. Pilot charts. 

453. Sale of maps, charts, and navigational publications: prices; use of proceeds. 

454. Exchange of mapping, charting, and geodetic data with foreign countries 

and international organizations. 

455. Maps, charts, and geodetic data: public availability; exceptions. 

456. Civil actions barred. 

457. Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from 

public disclosure. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxiv 

SUBCHAPTER III—PERSONNEL MANAGEMENT

Sec. 

461. Management rights. 

462. Financial assistance to certain employees in acquisition of critical skills. 

SUBCHAPTER IV—DEFINITIONS

Sec. 

467. Definitions. 

CHAPTER 23—MISCELLANEOUS STUDIES AND REPORTS 

Sec. 

480. Reports to Congress: submission in electronic form. 

481. Racial and ethnic issues; gender issues: surveys. 

482. Quarterly reports: personnel and unit readiness. 

483. Reports on transfers from high-priority readiness appropriations. 

484. Annual report on aircraft inventory. 

485. Joint and service concept development and experimentation. 

486. Quadrennial report on emerging operational concepts. 

487. Unit operations tempo and personnel tempo: annual report. 

488. Management of electromagnetic spectrum: biennial strategic plan. 

489. Annual report on Department of Defense operation and financial support 

for military museums. 

490. Space cadre management: biennial report. 

PART II—PERSONNEL 

CHAPTER 31—ENLISTMENTS 

Sec. 

501. Definition. 

502. Enlistment oath: who may administer. 

503. Enlistments: recruiting campaigns; compilation of directory information. 

504. Persons not qualified. 

505. Regular components: qualifications, term, grade. 

506. Regular components: extension of enlistments during war. 

507. Extension of enlistment for members needing medical care or hospitalization. 

508. Reenlistment: qualifications. 

509. Voluntary extension of enlistments: periods and benefits. 

510. Enlistment incentives for pursuit of skills to facilitate national service. 

511. College First Program. 

[512. Renumbered.] 

513. Enlistments: Delayed Entry Program. 

514. Bounties prohibited; substitutes prohibited. 

515. Reenlistment after discharge as warrant officer. 

516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman. 

517. Authorized daily average: members in pay grades E–8 and E–9. 

518. Temporary enlistments. 

519. Temporary enlistments: during war or emergency. 

520. Limitation on enlistment and induction of persons whose score on the 

Armed Forces Qualification Test is below a prescribed level. 

[520a. Repealed.] 

520b. Applicants for enlistment: authority to use funds for the issue of authorized 

articles. 

520c. Recruiting functions: provision of meals and refreshments. 

CHAPTER 32—OFFICER STRENGTH AND DISTRIBUTION IN GRADE 

Sec. 

521. Authority to prescribe total strengths of officers on active duty and officer 

strengths in various categories. 

[522. Repealed.] 

523. Authorized strengths: commissioned officers on active duty in grades of 

major, lieutenant colonel, and colonel and Navy grades of lieutenant 

commander, commander, and captain. 

[524. Renumbered.] 
xxv TABLE OF SECTIONS OF TITLE 10 [this volume] 

525. Distribution of commissioned officers on active duty in general officer and 

flag officer grades. 

526. Authorized strength: general and flag officers on active duty. 

527. Authority to suspend sections 523, 525, and 526. 

528. Officers serving in certain intelligence positions: military status; exclusion 

from distribution and strength limitations; pay and allowances. 

CHAPTER 33—ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN 

GRADES ABOVE WARRANT OFFICER GRADES 

Sec. 

531. Original appointments of commissioned officers. 

532. Qualifications for original appointment as a commissioned officer. 

533. Service credit upon original appointment as a commissioned officer. 

541. Graduates of the United States Military, Naval, and Air Force Academies. 

[555 to 565. Repealed.] 

CHAPTER 33A—APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER 

ACTIVE-DUTY LIST 

Sec. 

571. Warrant officers: grades. 

572. Warrant officers: original appointment; service credit. 

573. Convening of selection boards. 

574. Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; promotion zones. 

575. Recommendations for promotion by selection boards. 

576. Information to be furnished to selection boards; selection procedures. 

577. Promotions: effect of failure of selection for. 

578. Promotions: how made; effective date. 

579. Removal from a promotion list. 

580. Regular warrant officers twice failing of selection for promotion: involuntary 

retirement or separation. 

580a. Enhanced authority for selective early discharges. 

581. Selective retirement. 

582. Warrant officer active-duty list: exclusions. 

583. Definitions. 

CHAPTER 34—APPOINTMENTS AS RESERVE OFFICERS 

Sec. 

591. Reference to chapters 1205 and 1207. 

CHAPTER 35—TEMPORARY APPOINTMENTS IN OFFICER GRADES 

Sec. 

601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. 

[602. Repealed.] 

603. Appointments in time of war or national emergency. 

604. Senior joint officer positions: recommendations to the Secretary of Defense. 

CHAPTER 36—PROMOTION, SEPARATION, AND INVOLUNTARY 

RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST 

Subchapter Sec. 

I. Selection Boards ......................................................................................... 611 

II. Promotions .................................................................................................. 619 

III. Failure of Selection for Promotion and Retirement for Years of Service 627 

IV. Continuation on Active Duty and Selective Early Retirement ............... 637 

V. Additional Provisions Relating to Promotion, Separation, and Retirement ......................................................................................................... 641 

SUBCHAPTER I—SELECTION BOARDS

Sec. 

611. Convening of selection boards. 

612. Composition of selection boards. 

613. Oath of members of selection boards. 

613a. Nondisclosure of board proceedings. 

614. Notice of convening of selection boards. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxvi 

615. Information furnished to selection boards. 

616. Recommendations for promotion by selection boards. 

617. Reports of selection boards. 

618. Action on reports of selection boards. 

SUBCHAPTER II—PROMOTIONS

Sec. 

619. Eligibility for consideration for promotion: time-in-grade and other requirements. 

619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions. 

620. Active-duty lists. 

621. Competitive categories for promotion. 

622. Numbers to be recommended for promotion. 

623. Establishment of promotion zones. 

624. Promotions: how made. 

625. Authority to vacate promotions to grades of brigadier general and rear admiral (lower half). 

626. Acceptance of promotions; oath of office. 

SUBCHAPTER III—FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR

YEARS OF SERVICE

Sec. 

627. Failure of selection for promotion. 

628. Special selection boards. 

629. Removal from a list of officers recommended for promotion. 

630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade). 

631. Effect of failure of selection for promotion: first lieutenants and lieutenants 

(junior grade). 

632. Effect of failure of selection for promotion: captains and majors of the Army, 

Air Force, and Marine Corps and lieutenants and lieutenant commanders of the Navy. 

633. Retirement for years of service: regular lieutenant colonels and commanders. 

634. Retirement for years of service: regular colonels and Navy captains. 

635. Retirement for years of service: regular brigadier generals and rear admirals (lower half). 

636. Retirement for years of service: regular officers in grades above brigadier 

general and rear admiral (lower half). 

SUBCHAPTER IV—CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

Sec. 

637. Selection of regular officers for continuation on active duty. 

638. Selective early retirement. 

638a. Modification to rules for continuation on active duty; enhanced authority 

for selective early retirement and early discharges. 

639. Continuation on active duty to complete disciplinary action. 

640. Deferment of retirement or separation for medical reasons. 

SUBCHAPTER V—ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, AND RETIREMENT

Sec. 

641. Applicability of chapter. 

642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay. 

643. Chaplains: discharge or retirement upon loss of professional qualifications. 

[644. Repealed.] 

645. Definitions. 

646. Consideration of performance as a member of the Joint Staff. 

647. Force shaping authority. 

CHAPTER 37—GENERAL SERVICE REQUIREMENTS 

Sec. 

651. Members: required service. 
xxvii TABLE OF SECTIONS OF TITLE 10 [this volume] 

652. Notice to Congress of proposed changes in units, assignments, etc. to which 

female members may be assigned. 

653. Minimum service requirement for certain flight crew positions. 

654. Policy concerning homosexuality in the armed forces. 

655. Designation of persons having interest in status of a missing member. 

CHAPTER 38—JOINT OFFICER MANAGEMENT 

Sec. 

661. Management policies for joint qualified officers. 

662. Promotion policy objectives for joint officers. 

663. Joint duty assignments after completion of joint professional military education. 

664. Length of joint duty assignments. 

665. Procedures for monitoring careers of joint qualified officers. 

666. Reserve officers not on the active-duty list. 

667. Annual report to Congress. 

668. Definitions. 

CHAPTER 39—ACTIVE DUTY 

Sec. 

671. Members not to be assigned outside United States before completing training. 

671a. Members: service extension during war. 

671b. Members: service extension when Congress is not in session. 

672. Reference to chapter 1209. 

[673 to 687. Renumbered.] 

688. Retired members: authority to order to active duty; duties. 

688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments. 

689. Retired members: grade in which ordered to active duty and upon release 

from active duty. 

690. Retired members ordered to active duty: limitation on number. 

691. Permanent end strength levels to support two major regional contingencies. 

CHAPTER 40—LEAVE 

Sec. 

701. Entitlement and accumulation. 

702. Cadets and midshipmen. 

703. Reenlistment leave. 

704. Use of leave; regulations. 

705. Rest and recuperation absence: qualified members extending duty at designated locations overseas. 

705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone. 

706. Administration of leave required to be taken. 

707. Payment upon disapproval of certain court-martial sentences for excess 

leave required to be taken. 

707a. Payment upon disapproval of certain board of inquiry recommendations for 

excess leave required to be taken. 

708. Educational leave of absence. 

709. Emergency leave of absence. 

CHAPTER 41—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND 

DUTIES 

Sec. 

711. Senior members of Military Staff Committee of United Nations: appointment. 

711a. American National Red Cross: detail of commissioned officers. 

712. Foreign governments: detail to assist. 

713. State Department: assignment or detail as couriers and building inspectors. 

[714. Repealed.] 

[715. Repealed.] 

716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. 

717. Members of the armed forces: participation in international sports. 

[718. Repealed.] 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxviii 

719. Department of Commerce: assignment or detail of members of the armed 

forces to National Oceanic and Atmospheric Administration. 

720. Chief of Staff to President: appointment. 

[721. Repealed.] 

722. Attending Physician to the Congress: grade. 

CHAPTER 43—RANK AND COMMAND 

Sec. 

741. Rank: commissioned officers of the armed forces. 

742. Rank: warrant officers. 

743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff 

of the Air Force; Commandant of the Marine Corps. 

744. Physician to White House: assignment; grade. 

[745. Repealed.] 

747. Command: when different commands of Army, Navy, Air Force, Marine 

Corps, and Coast Guard join. 

749. Command: commissioned officers in same grade or corresponding grades on 

duty at same place. 

750. Command: retired officers. 

CHAPTER 45—THE UNIFORM 

Sec. 

771. Unauthorized wearing prohibited. 

771a. Disposition on discharge. 

772. When wearing by persons not on active duty authorized. 

773. When distinctive insignia required. 

774. Religious apparel: wearing while in uniform. 

775. Issue of uniform without charge. 

776. Applicability of chapter. 

777. Wearing of insignia of higher grade before promotion (frocking): authority; 

restrictions. 

777a. Wearing of insignia of higher grade before appointment to a grade above 

major general or rear admiral (frocking): authority; restrictions. 

CHAPTER 47—UNIFORM CODE OF MILITARY JUSTICE 

Subchapter Sec. Art. 

I. General Provisions .......................................................................... 801 1 

II. Apprehension and Restraint ........................................................... 807 7 

III. Non-Judicial Punishment ............................................................... 815 15 

IV. Court-Martial Jurisdiction .............................................................. 816 16 

V. Composition of Courts-Martial ....................................................... 822 22 

VI. Pre-Trial Procedure ......................................................................... 830 30 

VII. Trial Procedure ................................................................................ 836 36 

VIII. Sentences ......................................................................................... 855 55 

IX. Post-Trial Procedure and Review of Courts-Martial .................... 859 59 

X. Punitive Articles .............................................................................. 877 77 

XI. Miscellaneous Provisions ................................................................ 935 135 

XII. United States Court of Appeals for the Armed Forces ................ 941 141 

SUBCHAPTER I—GENERAL PROVISIONS

Sec. Art.

801. 1. Definitions. 

802. 2. Persons subject to this chapter. 

803. 3. Jurisdiction to try certain personnel. 

804. 4. Dismissed officer’s right to trial by court-martial. 

805. 5. Territorial applicability of this chapter. 

806. 6. Judge advocates and legal officers. 

806a. 6a. Investigation and disposition of matters pertaining to the fitness of 

military judges. 

SUBCHAPTER II—APPREHENSION AND RESTRAINT

Sec. Art. 

807. 7. Apprehension. 

808. 8. Apprehension of deserters. 

809. 9. Imposition of restraint. 

810. 10. Restraint of persons charged with offenses. 
xxix TABLE OF SECTIONS OF TITLE 10 [this volume] 

811. 11. Reports and receiving of prisoners. 

812. 12. Confinement with enemy prisoners prohibited. 

813. 13. Punishment prohibited before trial. 

814. 14. Delivery of offenders to civil authorities. 

SUBCHAPTER III—NON-JUDICIAL PUNISHMENT

Sec. Art. 

815. 15. Commanding officer’s non-judicial punishment. 

SUBCHAPTER IV—COURT-MARTIAL JURISDICTION

Sec. Art. 

816. 16. Courts-martial classified. 

817. 17. Jurisdiction of courts-martial in general. 

818. 18. Jurisdiction of general courts-martial. 

819. 19. Jurisdiction of special courts-martial. 

820. 20. Jurisdiction of summary courts-martial. 

821. 21. Jurisdiction of courts-martial not exclusive. 

SUBCHAPTER V—COMPOSITION OF COURTS-MARTIAL

Sec. Art.

822. 22. Who may convene general courts-martial. 

823. 23. Who may convene special courts-martial. 

824. 24. Who may convene summary courts-martial. 

825. 25. Who may serve on courts-martial. 

825a. 25a. Number of members in capital cases. 

826. 26. Military judge of a general or special court-martial. 

827. 27. Detail of trial counsel and defense counsel. 

828. 28. Detail or employment of reporters and interpreters. 

829. 29. Absent and additional members. 

SUBCHAPTER VI—PRE-TRIAL PROCEDURE

Sec. Art. 

830. 30. Charges and specifications. 

831. 31. Compulsory self-incrimination prohibited. 

832. 32. Investigation. 

833. 33. Forwarding of charges. 

834. 34. Advice of staff judge advocate and reference for trial. 

835. 35. Service of charges. 

SUBCHAPTER VII—TRIAL PROCEDURE

Sec. Art.

836. 36. President may prescribe rules. 

837. 37. Unlawfully influencing action of court. 

838. 38. Duties of trial counsel and defense counsel. 

839. 39. Sessions. 

840. 40. Continuances. 

841. 41. Challenges. 

842. 42. Oaths. 

843. 43. Statute of limitations. 

844. 44. Former jeopardy. 

845. 45. Pleas of the accused. 

846. 46. Opportunity to obtain witnesses and other evidence. 

847. 47. Refusal to appear or testify. 

848. 48. Contempts. 

849. 49. Depositions. 

850. 50. Admissibility of records of courts of inquiry. 

850a. 50a. Defense of lack of mental responsibility. 

851. 51. Voting and rulings. 

852. 52. Number of votes required. 

853. 53. Court to announce action. 

854. 54. Record of trial. 

SUBCHAPTER VIII—SENTENCES

Sec. Art.

855. 55. Cruel and unusual punishments prohibited. 

856. 56. Maximum limits. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxx 

856a. 56a. Sentence of confinement for life without eligibility for parole. 

857. 57. Effective date of sentences. 

857a. 57a. Deferment of sentences. 

858. 58. Execution of confinement. 

858a. 58a. Sentences: reduction in enlisted grade upon approval. 

858b. 58b. Sentences: forfeiture of pay and allowances during confinement. 

SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

Sec. Art. 

859. 59. Error of law; lesser included offense. 

860. 60. Action by the convening authority. 

861. 61. Waiver or withdrawal of appeal. 

862. 62. Appeal by the United States. 

863. 63. Rehearings. 

864. 64. Review by a judge advocate. 

865. 65. Disposition of records. 

866. 66. Review by Court of Criminal Appeals. 

867. 67. Review by the Court of Appeals for the Armed Forces. 

867a. 67a. Review by the Supreme Court. 

868. 68. Branch offices. 

869. 69. Review in the office of the Judge Advocate General. 

870. 70. Appellate counsel. 

871. 71. Execution of sentence; suspension of sentence. 

872. 72. Vacation of suspension. 

873. 73. Petition for a new trial. 

874. 74. Remission and suspension. 

875. 75. Restoration. 

876. 76. Finality of proceedings, findings, and sentences. 

876a. 76a. Leave required to be taken pending review of certain court-martial 

convictions. 

876b. 76b. Lack of mental capacity or mental responsibility: commitment of 

accused for examination and treatment. 

SUBCHAPTER X—PUNITIVE ARTICLES

Sec. Art.

877. 77. Principals. 

878. 78. Accessory after the fact. 

879. 79. Conviction of lesser included offense. 

880. 80. Attempts. 

881. 81. Conspiracy. 

882. 82. Solicitation. 

883. 83. Fraudulent enlistment, appointment, or separation. 

884. 84. Unlawful enlistment, appointment, or separation. 

885. 85. Desertion. 

886. 86. Absence without leave. 

887. 87. Missing movement. 

888. 88. Contempt toward officials. 

889. 89. Disrespect toward superior commissioned officer. 

890. 90. Assaulting or willfully disobeying superior commissioned officer. 

891. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 

892. 92. Failure to obey order or regulation. 

893. 93. Cruelty and maltreatment. 

894. 94. Mutiny or sedition. 

895. 95. Resistance, flight, breach of arrest, and escape. 

896. 96. Releasing prisoner without proper authority. 

897. 97. Unlawful detention. 

898. 98. Noncompliance with procedural rules. 

899. 99. Misbehavior before the enemy. 

900. 100. Subordinate compelling surrender. 

901. 101. Improper use of countersign. 

902. 102. Forcing a safeguard. 

903. 103. Captured or abandoned property. 

904. 104. Aiding the enemy. 

905. 105. Misconduct as prisoner. 

906. 106. Spies. 

906a. 106a. Espionage. 
xxxi TABLE OF SECTIONS OF TITLE 10 [this volume] 

1So in original. Does not conform to subchapter heading. 

907. 107. False official statements. 

908. 108. Military property of United States—Loss, damage, destruction, or 

wrongful disposition. 

909. 109. Property other than military property of United States—Waste, 

spoilage, or destruction. 

910. 110. Improper hazarding of vessel. 

911. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel. 

912. 112. Drunk on duty. 

912a. 112a. Wrongful use, possession, etc., of controlled substances. 

913. 113. Misbehavior of sentinel. 

914. 114. Dueling. 

915. 115. Malingering. 

916. 116. Riot or breach of peace. 

917. 117. Provoking speeches or gestures. 

918. 118. Murder. 

919. 119. Manslaughter. 

919a. 119a. Death or injury of an unborn child. 

920. 120. Rape, sexual assault, and other sexual misconduct. 

920a. 120a. Stalking. 

921. 121. Larceny and wrongful appropriation. 

922. 122. Robbery. 

923. 123. Forgery. 

923a. 123a. Making, drawing, or uttering check, draft, or order without sufficient 

funds. 

924. 124. Maiming. 

925. 125. Sodomy. 

926. 126. Arson. 

927. 127. Extortion. 

928. 128. Assault. 

929. 129. Burglary. 

930. 130. Housebreaking. 

931. 131. Perjury. 

932. 132. Frauds against the United States. 

933. 133. Conduct unbecoming an officer and a gentleman. 

934. 134. General article. 

SUBCHAPTER XI—MISCELLANEOUS PROVISIONS

Sec. Art. 

935. 135. Courts of inquiry. 

936. 136. Authority to administer oaths and to act as notary. 

937. 137. Articles to be explained. 

938. 138. Complaints of wrongs. 

939. 139. Redress of injuries to property. 

940. 140. Delegation by the President. 

SUBCHAPTER XII—UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

Sec. Art. 

941. 141. Status. 

942. 142. Judges. 

943. 143. Organization and employees. 

944. 144. Procedure. 

945. 145. Annuities for judges and survivors. 

946. 146. Code committee. 

CHAPTER 47A—MILITARY COMMISSIONS 

Subchapter Sec. 

I. General Provisions ..................................................................................... 948a

II. Composition of Military Commissions ......................................................948h

III. Pre-Trial Procedure .................................................................................... 948q

IV. Trial Procedure ........................................................................................... 949a

V. Classified Information Procedures ............................................................ 949p–1 

VI. Sentences .................................................................................................... 949s

VII. Post-Trial Procedures and Review of Military Commissions 1 ............... 950a

VIII. Punitive Matters ........................................................................................ 950p
TABLE OF SECTIONS OF TITLE 10 [this volume] xxxii 

SUBCHAPTER I—GENERAL PROVISIONS

Sec. 

948a. Definitions. 

948b. Military commissions generally. 

948c. Persons subject to military commissions. 

948d. Jurisdiction of military commissions. 

SUBCHAPTER II—COMPOSITION OF MILITARY COMMISSIONS

Sec. 

948h. Who may convene military commissions. 

948i. Who may serve on military commissions. 

948j. Military judge of a military commission. 

948k. Detail of trial counsel and defense counsel. 

948l. Detail or employment of reporters and interpreters. 

948m. Number of members; excuse of members; absent and additional members. 

SUBCHAPTER III—PRE-TRIAL PROCEDURE

Sec. 

948q. Charges and specifications. 

948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading 

treatment; prohibition of self-incrimination; admission of other statements of the accused. 

948s. Service of charges. 

SUBCHAPTER IV—TRIAL PROCEDURE

Sec. 

949a. Rules. 

949b. Unlawfully influencing action of military commission and United States 

Court of Military Commission Review. 

949c. Duties of trial counsel and defense counsel. 

949d. Sessions. 

949e. Continuances. 

949f. Challenges. 

949g. Oaths. 

949h. Former jeopardy. 

949i. Pleas of the accused. 

949j. Opportunity to obtain witnesses and other evidence. 

949k. Defense of lack of mental responsibility. 

949l. Voting and rulings. 

949m. Number of votes required. 

949n. Military commission to announce action. 

949o. Record of trial. 

SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES

Sec. 

949p–1. Protection of classified information: applicability of subchapter. 

949p–2. Pretrial conference. 

949p–3. Protective orders. 

949p–4. Discovery of, and access to, classified information by the accused. 

949p–5. Notice by accused of intention to disclose classified information. 

949p–6. Procedure for cases involving classified information. 

949p–7. Introduction of classified information into evidence. 

SUBCHAPTER VI—SENTENCES

Sec. 

949s. Cruel or unusual punishments prohibited. 

949t. Maximum limits. 

949u. Execution of confinement. 

SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

Sec. 

950a. Error of law; lesser included offense. 

950b. Review by the convening authority. 

950c. Appellate referral; waiver or withdrawal of appeal. 

950d. Interlocutory appeals by the United States. 

950e. Rehearings. 
xxxiii TABLE OF SECTIONS OF TITLE 10 [this volume] 

1So in original. Does not conform to section catchline. 

950f. Review by United States Court of Military Commission Review. 

950g. Review by United States Court of Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.1

950h. Appellate counsel. 

950i. Execution of sentence; suspension of sentence. 

950j. Finality of proceedings, findings, and sentences. 

SUBCHAPTER VIII—PUNITIVE MATTERS

Sec. 

950p. Definitions; construction of certain offenses; common circumstances. 

950q. Principals. 

950r. Accessory after the fact. 

950s. Conviction of lesser offenses. 

950t. Crimes triable by military commission. 

CHAPTER 48—MILITARY CORRECTIONAL FACILITIES 

Sec. 

951. Establishment; organization; administration. 

952. Parole. 

953. Remission or suspension of sentence; restoration to duty; reenlistment. 

954. Voluntary extension; probation. 

955. Prisoners transferred to or from foreign countries. 

956. Deserters, prisoners, members absent without leave: expenses and rewards. 

CHAPTER 49—MISCELLANEOUS PROHIBITIONS AND PENALTIES 

Sec. 

971. Service credit: officers may not count service performed while serving as 

cadet or midshipman. 

972. Members: effect of time lost. 

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

974. Military musical units and musicians: performance policies; restriction on 

performance in competition with local civilian musicians. 

[975. Renumbered.] 

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

[977. Repealed.] 

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

979. Prohibition on loan and grant assistance to persons convicted of certain 

crimes. 

980. Limitation on use of humans as experimental subjects. 

981. Limitation on number of enlisted aides. 

982. Members: service on State and local juries. 

983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of 

Defense, Department of Education, and certain other departments and 

agencies. 

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

[986. Repealed.] 

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

CHAPTER 50—MISCELLANEOUS COMMAND RESPONSIBILITIES 

Sec. 

991. Management of deployments of members. 

992. Consumer education: financial services. 

CHAPTER 51—RESERVE COMPONENTS: STANDARDS AND PROCEDURES 

FOR RETENTION AND PROMOTION 

Sec. 

1001. Reference to chapter 1219. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxxiv 

CHAPTER 53—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

1030. Bonus to encourage Department of Defense personnel to refer persons for 

appointment as officers to serve in health professions. 

1031. Administration of oath. 

1032. Disability and death compensation: dependents of members held as captives. 

1033. Participation in management of specified non-Federal entities: authorized 

activities. 

1034. Protected communications; prohibition of retaliatory personnel actions. 

1035. Deposits of savings. 

1036. Escorts for dependents of members: transportation and travel allowances. 

1037. Counsel before foreign judicial tribunals and administrative agencies; 

court costs and bail. 

1038. Service credit: certain service in Women’s Army Auxiliary Corps. 

1039. Crediting of minority service. 

1040. Transportation of dependent patients. 

1041. Replacement of certificate of discharge. 

1042. Copy of certificate of service. 

1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service. 

1044. Legal assistance. 

1044a. Authority to act as notary. 

1044b. Military powers of attorney: requirement for recognition by States. 

1044c. Advance medical directives of members and dependents: requirement for 

recognition by States. 

1044d. Military testamentary instruments: requirement for recognition by States. 

1045. Voluntary withholding of State income tax from retired or retainer pay. 

1046. Overseas temporary foster care program. 

1047. Allowance for civilian clothing. 

1048. Gratuity payment to persons discharged for fraudulent enlistment. 

1049. Subsistence: miscellaneous persons. 

1050. Latin American cooperation: payment of personnel expenses. 

1050a. African cooperation: payment of personnel expenses. 

1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses. 

1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, medical care, and other personal expenses. 

1051b. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance. 

1052. Adoption expenses: reimbursement. 

1053. Financial institution charges incurred because of Government error in direct deposit of pay: reimbursement. 

1053a. Expenses incurred in connection with leave canceled due to contingency 

operations: reimbursement. 

1054. Defense of certain suits arising out of legal malpractice. 

1055. Waiver of security deposits for members renting private housing; authority 

to indemnify landlord. 

1056. Relocation assistance programs. 

1057. Use of armed forces insignia on State license plates. 

1058. Responsibilities of military law enforcement officials at scenes of domestic 

violence. 

1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits. 

1060. Military service of retired members with newly democratic nations: consent of Congress. 

1060a. Special supplemental food program. 

1060b. Military ID cards: dependents and survivors of retirees. 

CHAPTER 54—COMMISSARY AND EXCHANGE BENEFITS 

Sec. 

1061. Survivors of certain Reserve and Guard members. 

1062. Certain former spouses. 

1063. Use of commissary stores and MWR retail facilities: members of reserve 

components and reserve retirees under age 60. 

1064. Use of commissary stores and MWR retail facilities: members of National 

Guard serving in federally declared disaster or national emergency. 
xxxv TABLE OF SECTIONS OF TITLE 10 [this volume] 

CHAPTER 55—MEDICAL AND DENTAL CARE 

Sec. 

1071. Purpose of this chapter. 

1072. Definitions. 

1073. Administration of this chapter. 

1073a. Contracts for health care: best value contracting. 

1073b. Recurring reports. 

1074. Medical and dental care for members and certain former members. 

1074a. Medical and dental care: members on duty other than active duty for a 

period of more than 30 days. 

1074b. Medical and dental care: Academy cadets and midshipmen; members of, 

and designated applicants for membership in, Senior ROTC. 

1074c. Medical care: authority to provide a wig. 

1074d. Certain primary and preventive health care services. 

1074e. Medical care: certain Reserves who served in Southwest Asia during the 

Persian Gulf Conflict. 

1074f. Medical tracking system for members deployed overseas. 

1074g. Pharmacy benefits program. 

1074h. Medical and dental care: medal of honor recipients; dependents. 

1074i. Reimbursement for certain travel expenses. 

1074j. Sub-acute care program. 

1074k. Long-term care insurance. 

1074l. Notification to Congress of hospitalization of combat wounded members. 

[1075. Repealed.] 

1076. Medical and dental care for dependents: general rule. 

1076a. TRICARE dental program. 

[1076b. Repealed.] 

1076c. Dental insurance plan: certain retirees and their surviving spouses and 

other dependents. 

1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve. 

1076e. TRICARE program: TRICARE Standard coverage for certain members of 

the Retired Reserve who are qualified for a non-regular retirement but 

are not yet age 60. 

1077. Medical care for dependents: authorized care in facilities of uniformed 

services. 

1078. Medical and dental care for dependents: charges. 

1078a. Continued health benefits coverage. 

1079. Contracts for medical care for spouses and children: plans. 

1079a. CHAMPUS: treatment of refunds and other amounts collected. 

1079b. Procedures for charging fees for care provided to civilians; retention and 

use of fees collected. 

1080. Contracts for medical care for spouses and children: election of facilities. 

1081. Contracts for medical care for spouses and children: review and adjustment of payments. 

1082. Contracts for health care: advisory committees. 

1083. Contracts for medical care for spouses and children: additional hospitalization. 

1084. Determinations of dependency. 

1085. Medical and dental care from another executive department: reimbursement. 

1086. Contracts for health benefits for certain members, former members, and 

their dependents. 

1086a. Certain former spouses: extension of period of eligibility for health benefits. 

1086b. Prohibition against requiring retired members to receive health care solely 

through the Department of Defense. 

1087. Programming facilities for certain members, former members, and their 

dependents in construction projects of the uniformed services. 

1088. Air evacuation patients: furnished subsistence. 

1089. Defense of certain suits arising out of medical malpractice. 

1090. Identifying and treating drug and alcohol dependence. 

1091. Personal services contracts. 

1092. Studies and demonstration projects relating to delivery of health and medical care. 

1092a. Persons entering the armed forces: baseline health data. 

1093. Performance of abortions: restrictions. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxxvi 

1094. Licensure requirement for health-care professionals. 

1094a. Continuing medical education requirements: system for monitoring physician compliance. 

1095. Health care services incurred on behalf of covered beneficiaries: collection 

from third-party payers. 

1095a. Medical care: members held as captives and their dependents. 

1095b. TRICARE program: contractor payment of certain claims. 

1095c. TRICARE program: facilitation of processing of claims. 

1095d. TRICARE program: waiver of certain deductibles. 

1095e. TRICARE program: beneficiary counseling and assistance coordinators. 

1095f. TRICARE program: referrals for specialty health care. 

1096. Military-civilian health services partnership program. 

1097. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care. 

1097a. TRICARE Prime: automatic enrollments; payment options. 

1097b. TRICARE program: financial management. 

1097c. TRICARE program: relationship with employer-sponsored group health 

plans. 

1098. Incentives for participation in cost-effective health care plans. 

1099. Health care enrollment system. 

1100. Defense Health Program Account. 

1101. Resource allocation methods: capitation or diagnosis-related groups. 

1102. Confidentiality of medical quality assurance records: qualified immunity 

for participants. 

1103. Contracts for medical and dental care: State and local preemption. 

1104. Sharing of health-care resources with the Department of Veterans Affairs. 

1105. Specialized treatment facility program. 

1106. Submittal of claims: standard form; time limits. 

1107. Notice of use of an investigational new drug or a drug unapproved for its 

applied use. 

1107a. Emergency use products. 

1108. Health care coverage through Federal Employees Health Benefits program: demonstration project. 

1109. Organ and tissue donor program. 

1110. Anthrax vaccine immunization program; procedures for exemptions and 

monitoring reactions. 

1110a. Notification of certain individuals regarding options for enrollment under 

Medicare part B. 

1110b. TRICARE program: extension of dependent coverage. 

CHAPTER 56—DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE 

HEALTH CARE FUND 

Sec. 

1111. Establishment and purpose of Fund; definitions; authority to enter into 

agreements. 

1112. Assets of Fund. 

1113. Payments from the Fund. 

1114. Board of Actuaries. 

1115. Determination of contributions to the Fund. 

1116. Payments into the Fund. 

1117. Investment of assets of Fund. 

CHAPTER 57—DECORATIONS AND AWARDS 

Sec. 

1121. Legion of Merit: award. 

1122. Medal for Merit: award. 

1123. Right to wear badges of military societies. 

1124. Cash awards for disclosures, suggestions, inventions, and scientific 

achievements. 

1125. Recognition for accomplishments: award of trophies. 

1126. Gold star lapel button: eligibility and distribution. 

1127. Precedence of the award of the Purple Heart. 

1128. Prisoner-of-war medal: issue. 

1129. Purple Heart: members killed or wounded in action by friendly fire. 

1130. Consideration of proposals for decorations not previously submitted in 

timely fashion: procedures for review. 

1131. Purple Heart: limitation to members of the armed forces. 
xxxvii TABLE OF SECTIONS OF TITLE 10 [this volume] 

1132. Presentation of decorations: prohibition on entering correctional facilities 

for presentation to prisoners convicted of serious violent felonies. 

1133. Bronze Star: limitation on persons eligible to receive. 

1134. Medal of honor: award to individual interred in Tomb of the Unknowns as 

representative of casualties of a war. 

1135. Replacement of military decorations. 

CHAPTER 58—BENEFITS AND SERVICES FOR MEMBERS BEING 

SEPARATED OR RECENTLY SEPARATED 

Sec. 

1141. Involuntary separation defined. 

1142. Preseparation counseling; transmittal of medical records to Department of 

Veterans Affairs. 

1143. Employment assistance. 

1143a. Encouragement of postseparation public and community service. 

1144. Employment assistance, job training assistance, and other transitional 

services: Department of Labor. 

1145. Health benefits. 

1146. Commissary and exchange benefits. 

1147. Use of military family housing. 

1148. Relocation assistance for personnel overseas. 

1149. Excess leave and permissive temporary duty. 

1150. Affiliation with Guard and Reserve units: waiver of certain limitations. 

1151. Retention of assistive technology and services provided before separation. 

1152. Assistance to eligible members and former members to obtain employment 

with law enforcement agencies. 

1153. Assistance to separated members to obtain employment with health care 

providers. 

CHAPTER 59—SEPARATION 

Sec. 

1161. Commissioned officers: limitations on dismissal. 

[1162, 1163. Repealed.] 

1164. Warrant officers: separation for age. 

1165. Regular warrant officers: separation during three-year probationary period. 

1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance. 

[1167. Repealed.] 

1168. Discharge or release from active duty: limitations. 

1169. Regular enlisted members: limitations on discharge. 

1170. Regular enlisted members: minority discharge. 

1171. Regular enlisted members: early discharge. 

1172. Enlisted members: during war or emergency; discharge. 

1173. Enlisted members: discharge for hardship. 

1174. Separation pay upon involuntary discharge or release from active duty. 

1174a. Special separation benefits programs. 

1175. Voluntary separation incentive. 

1175a. Voluntary separation pay and benefits. 

1176. Enlisted members: retention after completion of 18 or more, but less than 

20, years of service. 

1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before 

administrative separation. 

1178. System and procedures for tracking separations resulting from refusal to 

participate in anthrax vaccine immunization program. 

CHAPTER 60—SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD 

PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS 

Sec. 

1181. Authority to establish procedures to consider the separation of officers for 

substandard performance of duty and for certain other reasons. 

1182. Boards of inquiry. 

[1183. Repealed.] 

1184. Removal of officer: action by Secretary upon recommendation of board of 

inquiry. 

1185. Rights and procedures. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xxxviii 

1186. Officer considered for removal: voluntary retirement or discharge. 

1187. Officers eligible to serve on boards. 

CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY 

Sec. 

1201. Regulars and members on active duty for more than 30 days: retirement. 

1202. Regulars and members on active duty for more than 30 days: temporary 

disability retired list. 

1203. Regulars and members on active duty for more than 30 days: separation. 

1204. Members on active duty for 30 days or less or on inactive-duty training: 

retirement. 

1205. Members on active duty for 30 days or less: temporary disability retired 

list. 

1206. Members on active duty for 30 days or less or on inactive-duty training: 

separation. 

1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing. 

1207. Disability from intentional misconduct or willful neglect: separation. 

1207a. Members with over eight years of active service: eligibility for disability 

retirement for pre-existing conditions. 

1208. Computation of service. 

1209. Transfer to inactive status list instead of separation. 

1210. Members on temporary disability retired list: periodic physical examination; final determination of status. 

1211. Members on temporary disability retired list: return to active duty; promotion. 

1212. Disability severance pay. 

1213. Effect of separation on benefits and claims. 

1214. Right to full and fair hearing. 

1214a. Members determined fit for duty in Physical Evaluation Board evaluation: 

prohibition on involuntary administrative separation due to 

unsuitability based on medical conditions considered in evaluation. 

1215. Members other than Regulars: applicability of laws. 

1216. Secretaries: powers, functions, and duties. 

1216a. Determinations of disability: requirements and limitations on determinations. 

1217. Academy cadets and midshipmen: applicability of chapter. 

1218. Discharge or release from active duty: claims for compensation, pension, 

or hospitalization. 

1218a. Discharge or release from active duty: transition assistance for reserve 

component members injured while on active duty. 

1219. Statement of origin of disease or injury: limitations. 

[1220. Repealed.] 

1221. Effective date of retirement or placement of name on temporary disability 

retired list. 

1222. Physical evaluation boards. 

CHAPTER 63—RETIREMENT FOR AGE 

Sec. 

1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions. 

1252. Age 64: permanent professors at academies. 

1253. Age 64: regular commissioned officers in general and flag officer grades; 

exception. 

[1255. Repealed.] 

1263. Age 62: warrant officers. 

1275. Computation of retired pay: law applicable. 

CHAPTER 65—RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF 

SERVICE 

Sec. 

1293. Twenty years or more: warrant officers. 

1305. Thirty years or more: regular warrant officers. 

1315. Computation of retired pay: law applicable. 
xxxix TABLE OF SECTIONS OF TITLE 10 [this volume] 

CHAPTER 67—RETIRED PAY FOR NON-REGULAR SERVICE 

Sec. 

1331. Reference to chapter 1223. 

CHAPTER 69—RETIRED GRADE 

Sec. 

1370. Commissioned officers: general rule; exceptions. 

1371. Warrant officers: general rule. 

1372. Grade on retirement for physical disability: members of armed forces. 

1373. Higher grade for later physical disability: retired officers recalled to active 

duty. 

[1374. Repealed.] 

1375. Entitlement to commission: commissioned officers advanced on retired list. 

1376. Temporary disability retired lists. 

CHAPTER 71—COMPUTATION OF RETIRED PAY 

Sec. 

1401. Computation of retired pay. 

1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer 

Price Index. 

1402. Recomputation of retired or retainer pay to reflect later active duty of 

members who first became members before September 8, 1980. 

1402a. Recomputation of retired or retainer pay to reflect later active duty of 

members who first became members after September 7, 1980. 

1403. Disability retired pay: treatment under Internal Revenue Code of 1986. 

1404. Applicability of section 8301 of title 5. 

1405. Years of service. 

1406. Retired pay base for members who first became members before September 8, 1980: final basic pay. 

1407. Retired pay base for members who first became members after September 

7, 1980: high-36 month average. 

1407a. Retired pay base: officers retired in general or flag officer grades. 

1408. Payment of retired or retainer pay in compliance with court orders. 

1409. Retired pay multiplier. 

1410. Restoral of full retirement amount at age 62 for certain members entering 

on or after August 1, 1986. 

1411. Rules of construction. 

1412. Administrative provisions. 

[1413. Repealed.] 

1413a. Combat-related special compensation. 

1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation. 

CHAPTER 73—ANNUITIES BASED ON RETIRED OR RETAINER PAY 

Subchapter Sec. 

I. Retired Serviceman’s Family Protection Plan ......................................... 1431 

II. Survivor Benefit Plan ................................................................................ 1447 

[III. Repealed.] 

SUBCHAPTER I—RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN

Sec. 

1431. Election of annuity: members of armed forces. 

1432. Election of annuity: former members of armed forces. 

1433. Mental incompetency of member. 

1434. Kinds of annuities that may be elected. 

1435. Eligible beneficiaries. 

1436. Computation of reduction in retired pay; withdrawal for severe financial 

hardship. 

1436a. Coverage paid up at 30 years and age 70. 

1437. Payment of annuity. 

1438. Deposits for amounts not deducted. 

1439. Refund of amounts deducted from retired pay. 

1440. Annuities not subject to legal process. 

1441. Annuities in addition to other payments. 

1442. Recovery of annuity erroneously paid. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xl 

[1443. Repealed.] 

1444. Regulations; determinations. 

1444a. Regulations regarding payment of annuity to a representative payee. 

1445. Correction of administrative deficiencies. 

1446. Restriction on participation. 

SUBCHAPTER II—SURVIVOR BENEFIT PLAN

Sec. 

1447. Definitions. 

1448. Application of Plan. 

1448a. Election to discontinue participation: one-year opportunity after second 

anniversary of commencement of payment of retired pay. 

1449. Mental incompetency of member. 

1450. Payment of annuity: beneficiaries. 

1451. Amount of annuity. 

1452. Reduction in retired pay. 

1453. Recovery of annuity erroneously paid. 

1454. Correction of administrative errors. 

1455. Regulations. 

[SUBCHAPTER III—REPEALED] 

CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND 

Sec. 

1461. Establishment and purpose of Fund; definition. 

1462. Assets of Fund. 

1463. Payments from the Fund. 

[1464. Repealed.] 

1465. Determination of contributions to the Fund. 

1466. Payments into the Fund. 

1467. Investment of assets of Fund. 

CHAPTER 75—DECEASED PERSONNEL 

Subchapter Sec. 

I. Death Investigations .................................................................................. 1471 

II. Death Benefits ............................................................................................ 1475 

SUBCHAPTER I—DEATH INVESTIGATIONS

Sec. 

1471. Forensic pathology investigations. 

SUBCHAPTER II—DEATH BENEFITS

Sec. 

1475. Death gratuity: death of members on active duty or inactive duty training 

and of certain other persons. 

1476. Death gratuity: death after discharge or release from duty or training. 

1477. Death gratuity: eligible survivors. 

1478. Death gratuity: amount. 

1479. Death gratuity: delegation of determinations, payments. 

1480. Death gratuity: miscellaneous provisions. 

1481. Recovery, care, and disposition of remains: decedents covered. 

1482. Expenses incident to death. 

1482a. Expenses incident to death: civilian employees serving with an armed 

force. 

1483. Prisoners of war and interned enemy aliens. 

1484. Pensioners, indigent patients, and persons who die on military reservations. 

1485. Dependents of members of armed forces. 

1486. Other citizens of United States. 

1487. Temporary interment. 

1488. Removal of remains. 

1489. Death gratuity: members and employees dying outside the United States 

while assigned to intelligence duties. 

1490. Transportation of remains: certain retired members and dependents who 

die in military medical facilities. 

1491. Funeral honors functions at funerals for veterans. 
xli TABLE OF SECTIONS OF TITLE 10 [this volume] 

CHAPTER 76—MISSING PERSONS 

Sec. 

1501. System for accounting for missing persons. 

1502. Missing persons: initial report. 

1503. Actions of Secretary concerned; initial board of inquiry. 

1504. Subsequent board of inquiry. 

1505. Further review. 

1506. Personnel files. 

1507. Recommendation of status of death. 

1508. Judicial review. 

1509. Program to resolve preenactment missing person cases. 

1510. Applicability to Coast Guard. 

1511. Return alive of persons declared missing or dead. 

1512. Effect on State law. 

1513. Definitions. 

CHAPTER 77—POSTHUMOUS COMMISSIONS AND WARRANTS 

Sec. 

1521. Posthumous commissions. 

1522. Posthumous warrants. 

1523. Posthumous commissions and warrants: effect on pay and allowances. 

1524. Posthumous commissions and warrants: determination of date of death. 

CHAPTER 79—CORRECTION OF MILITARY RECORDS 

Sec. 

1551. Correction of name after separation from service under an assumed name. 

1552. Correction of military records: claims incident thereto. 

1553. Review of discharge or dismissal. 

1554. Review of retirement or separation without pay for physical disability. 

1554a. Review of separation with disability rating of 20 percent disabled or less. 

1555. Professional staff. 

1556. Ex parte communications prohibited. 

1557. Timeliness standards for disposition of applications before Corrections 

Boards. 

1558. Review of actions of selection boards: correction of military records by special boards; judicial review. 

1559. Personnel limitation. 

CHAPTER 80—MISCELLANEOUS INVESTIGATION REQUIREMENTS AND 

OTHER DUTIES 

Sec. 

1561. Complaints of sexual harassment: investigation by commanding officers. 

1561a. Civilian orders of protection: force and effect on military installations. 

1562. Database on domestic violence incidents. 

1563. Consideration of proposals for posthumous and honorary promotions and 

appointments: procedures for review. 

1564. Security clearance investigations. 

1564a. Counterintelligence polygraph program. 

1565. DNA identification information: collection from certain offenders; use. 

1565a. DNA samples maintained for identification of human remains: use for law 

enforcement purposes. 

1566. Voting assistance: compliance assessments; assistance. 

1566a. Voting assistance: voter assistance offices. 

1567. Duration of military protective orders. 

1567a. Mandatory notification of issuance of military protective order to civilian 

law enforcement. 

CHAPTER 81—CIVILIAN EMPLOYEES 

Sec. 

1580. Emergency essential employees: designation. 

1580a. Emergency essential employees: notification of required participation in 

anthrax vaccine immunization program. 

1581. Foreign National Employees Separation Pay Account. 

1582. Assistive technology, assistive technology devices, and assistive technology 

services. 

1583. Employment of certain persons without pay. 
TABLE OF SECTIONS OF TITLE 10 [this volume] xlii 

1584. Employment of non-citizens. 

1585. Carrying of firearms. 

1585a. Special agents of the Defense Criminal Investigative Service: authority to 

execute warrants and make arrests. 

1586. Rotation of career-conditional and career employees assigned to duty outside the United States. 

1587. Employees of nonappropriated fund instrumentalities: reprisals. 

1587a. Employees of nonappropriated fund instrumentalities: senior executive 

pay levels. 

1588. Authority to accept certain voluntary services. 

1589. Participation in management of specified non-Federal entities: authorized 

activities. 

[1590. Repealed.] 

1591. Reimbursement for travel and transportation expenses when accompanying Members of Congress. 

1592. Prohibition on payment of severance pay to foreign nationals in the event 

of certain overseas base closures. 

1593. Uniform allowance: civilian employees. 

1594. Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay. 

1595. Civilian faculty members at certain Department of Defense schools: employment and compensation. 

1596. Foreign language proficiency: special pay for proficiency beneficial for intelligence interests. 

1596a. Foreign language proficiency: special pay for proficiency beneficial for 

other national security interests. 

1596b. Foreign language proficiency: National Foreign Language Skills Registry. 

1597. Civilian positions: guidelines for reductions. 

1598. Assistance to terminated employees to obtain certification and employment 

as teachers or employment as teachers’ aides. 

[1599. Renumbered.] 

1599a. Financial assistance to certain employees in acquisition of critical skills. 

1599b. Employees abroad: travel expenses; health care. 

1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured 

members of the armed forces. 

1599d. Professional accounting positions: authority to prescribe certification and 

credential standards. 

CHAPTER 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 

Subchapter Sec. 

I. Defense-Wide Intelligence Personnel Policy ............................................ 1601 

II. Defense Intelligence Agency Personnel .................................................... 1621 

SUBCHAPTER I—DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY

Sec. 

1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay. 

1602. Basic pay. 

1603. Additional compensation, incentives, and allowances. 

[1604. Repealed.] 

1605. Benefits for certain employees assigned outside the United States. 

1606. Defense Intelligence Senior Executive Service. 

1607. Intelligence Senior Level positions. 

1608. Time-limited appointments. 

1609. Termination of defense intelligence employees. 

1610. Reductions and other adjustments in force. 

1611. Postemployment assistance: certain terminated intelligence employees. 

1612. Merit system principles and civil service protections: applicability. 

1613. Miscellaneous provisions. 

1614. Definitions. 

SUBCHAPTER II—DEFENSE INTELLIGENCE AGENCY PERSONNEL

Sec. 

1621. Defense Intelligence Agency merit pay system. 

1622. Uniform allowance: civilian employees. 

1623. Financial assistance to certain employees in acquisition of critical skills. 
xliii TABLE OF SECTIONS OF TITLE 10 [this volume] 

[CHAPTER 85—REPEALED] 

CHAPTER 87—DEFENSE ACQUISITION WORKFORCE 

Subchapter Sec. 

I. General Authorities and Responsibilities ................................................. 1701 

II. Defense Acquisition Positions ................................................................... 1721 

III. Acquisition Corps ....................................................................................... 1731 

IV. Education and Training ............................................................................. 1741 

V. General Management Provisions .............................................................. 1761 

SUBCHAPTER I—GENERAL AUTHORITIES AND RESPONSIBILITIES

Sec. 

1701. Management policies. 

1701a. Management for acquisition workforce excellence. 

1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities. 

[1703. Repealed.] 

1704. Service acquisition executives: authorities and responsibilities. 

1705. Department of Defense Acquisition Workforce Development Fund. 

[1706, 1707. Repealed.] 

SUBCHAPTER II—DEFENSE ACQUISITION POSITIONS

Sec. 

1721. Designation of acquisition positions. 

1722. Career development. 

1722a. Special requirements for military personnel in the acquisition field. 

1722b. Special requirements for civilian employees in the acquisition field. 

1723. General education, training, and experience requirements. 

1724. Contracting positions: qualification requirements. 

[1725. Repealed.] 

SUBCHAPTER III—ACQUISITION CORPS

Sec. 

1731. Acquisition Corps: in general. 

1732. Selection criteria and procedures. 

1733. Critical acquisition positions. 

1734. Career development. 

1735. Education, training, and experience requirements for critical acquisition 

positions. 

[1736. Repealed.] 

1737. Definitions and general provisions. 

SUBCHAPTER IV—EDUCATION AND TRAINING

Sec. 

1741. Policies and programs: establishment and implementation. 

1742. Internship, cooperative education, and scholarship programs. 

[1743, 1744. Repealed.] 

1745. Additional education and training programs available to acquisition personnel. 

1746. Defense Acquisition University. 

1747. Acquisition fellowship program. 

1748. Fulfillment standards for acquisition workforce training. 

SUBCHAPTER V—GENERAL MANAGEMENT PROVISIONS

Sec. 

1761. Management information system. 

1762. Demonstration project relating to certain acquisition personnel management policies and procedures. 

[1763. Repealed.] 

1764. Authority to establish different minimum requirements. 

CHAPTER 88—MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE 

Subchapter Sec. 

I. Military Family Programs ......................................................................... 1781 

II. Military Child Care .................................................................................... 1791 
TABLE OF SECTIONS OF TITLE 10 [this volume] xliv 

SUBCHAPTER I—MILITARY FAMILY PROGRAMS

Sec. 

1781. Office of Family Policy. 

1781a. Department of Defense Military Family Readiness Council. 

1781b. Department of Defense policy and plans for military family readiness. 

1781c. Office of Community Support for Military Families With Special Needs. 

1782. Surveys of military families. 

1783. Family members serving on advisory committees. 

1784. Employment opportunities for military spouses. 

1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities. 

1785. Youth sponsorship program. 

1786. Dependent student travel within the United States. 

1787. Reporting of child abuse. 

1788. Additional family assistance. 

1789. Chaplain-led programs: authorized support. 

SUBCHAPTER II—MILITARY CHILD CARE

Sec. 

1791. Funding for military child care. 

1792. Child care for employees. 

1793. Parent fees. 

1794. Child abuse prevention and safety at facilities. 

1795. Parent partnerships with child development centers. 

1796. Subsidies for family home day care. 

1797. Early childhood education program. 

1798. Child care services and youth program services for dependents: financial 

assistance for providers. 

1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible. 

1800. Definitions. 

[CHAPTER 89—REPEALED] 

[NOTE: Parts III and IV are set out in Volume II of this 

publication] 

PART III—TRAINING AND EDUCATION 

CHAPTER 101—TRAINING GENERALLY 

Sec. 

[2001. Repealed.] 

2002. Dependents of members of armed forces: language training. 

2003. Aeronautical rating as pilot: qualifications. 

2004. Detail of commissioned officers as students at law schools. 

2004a. Detail of commissioned officers as students at medical schools. 

2004b. Detail of commissioned officers as students at schools of psychology. 

2005. Advanced education assistance: active duty agreement; reimbursement 

requirements. 

2006. Department of Defense Education Benefits Fund. 

2007. Payment of tuition for off-duty training or education. 

2008. Authority to use funds for certain educational purposes. 

2009. Military colleges: female students. 

2010. Participation of developing countries in combined exercises: payment of incremental expenses. 

2011. Special operations forces: training with friendly foreign forces. 

2012. Support and services for eligible organizations and activities outside Department of Defense. 

2013. Training at non-Government facilities. 

2014. Administrative actions adversely affecting military training or other readiness activities. 

2015. Payment of expenses to obtain professional credentials. 

2016. Undergraduate nurse training program: establishment through agreement 

with academic institution. 
xlv TABLE OF SECTIONS OF TITLE 10 [volume II] 

CHAPTER 102—JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

Sec. 

2031. Junior Reserve Officers’ Training Corps. 

2032. Responsibility of the Secretaries of the military departments to maximize 

enrollment and enhance efficiency. 

2033. Instructor qualifications. 

CHAPTER 103—SENIOR RESERVE OFFICERS’ TRAINING CORPS 

Sec. 

2101. Definitions. 

2102. Establishment. 

2103. Eligibility for membership. 

2103a. Students not eligible for advanced training: commitment to military service. 

2104. Advanced training; eligibility for. 

2105. Advanced training; failure to complete or to accept commission. 

2106. Advanced training; commission on completion. 

2107. Financial assistance program for specially selected members. 

2107a. Financial assistance program for specially selected members: Army Reserve and Army National Guard. 

2108. Advanced standing; interruption of training; delay in starting obligated 

service; release from program. 

2109. Practical military training. 

2110. Logistical support. 

2111. Personnel: administrators and instructors. 

2111a. Support for senior military colleges. 

2111b. Senior military colleges: Department of Defense international student program. 

CHAPTER 104—UNIFORMED SERVICES UNIVERSITY OF THE HEALTH 

SCIENCES 

Sec. 

2112. Establishment. 

2112a. Continued operation of University. 

2113. Administration of University. 

2113a. Board of Regents. 

2114. Students: selection; status; obligation. 

2115. Graduates: limitation on number permitted to perform civilian Federal 

service. 

2116. Military nursing research. 

[2117. Repealed.] 

CHAPTER 105—ARMED FORCES HEALTH PROFESSIONS FINANCIAL 

ASSISTANCE PROGRAMS 

Subchapter Sec. 

I. Health Professions Scholarship and Financial Assistance Program for 

Active Service .......................................................................................... 2120

II. Nurse Officer Candidate Accession Program ........................................... 2130a 

SUBCHAPTER I—HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE

PROGRAM FOR ACTIVE SERVICE

Sec. 

2120. Definitions. 

2121. Establishment. 

2122. Eligibility for participation. 

2123. Members of the program: active duty obligation; failure to complete training; release from program. 

2124. Members of the program: numbers appointed. 

2125. Members of the program: exclusion from authorized strengths. 

2126. Members of the program: service credit. 

2127. Scholarships and financial assistance: payments. 

2128. Accession bonus for members of the program. 

SUBCHAPTER II—NURSE OFFICER CANDIDATE ACCESSION PROGRAM

Sec. 

2130a. Financial assistance: nurse officer candidates. 
TABLE OF SECTIONS OF TITLE 10 [volume II] xlvi 

CHAPTER 106—EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 

SELECTED RESERVE 

Sec. 

2131. Reference to chapter 1606. 

[2132 to 2137. Renumbered.] 

2138. Savings provision. 

CHAPTER 106A—EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING 

FOR ACTIVE DUTY 

Sec. 

2141. Educational assistance program: establishment. 

2142. Educational assistance program: eligibility. 

2143. Educational assistance: amount. 

2144. Subsistence allowance. 

2145. Adjustments of amount of educational assistance and of subsistence allowance. 

2146. Right of member upon subsequent reenlistment to lump-sum payment in 

lieu of educational assistance. 

2147. Right of member after reenlisting to transfer entitlement to spouse or dependent children. 

2148. Duration of entitlement. 

2149. Applications for educational assistance. 

CHAPTER 107—PROFESSIONAL MILITARY EDUCATION 

Sec. 

2151. Definitions. 

2152. Joint professional military education: general requirements. 

2153. Capstone course: newly selected general and flag officers. 

2154. Joint professional military education: three-phase approach. 

2155. Joint professional military education Phase II program of instruction. 

2156. Joint Forces Staff College: duration of principal course of instruction. 

2157. Annual report to Congress. 

CHAPTER 108—DEPARTMENT OF DEFENSE SCHOOLS 

Sec. 

2161. Degree granting authority for National Defense Intelligence College. 

2162. Preparation of budget requests for operation of professional military education schools. 

2163. Degree granting authority for National Defense University. 

2164. Department of Defense domestic dependent elementary and secondary 

schools. 

2165. National Defense University: component institutions. 

2166. Western Hemisphere Institute for Security Cooperation. 

2167. National Defense University: admission of private sector civilians to professional military education program. 

2167a. Defense Cyber Investigations Training Academy: admission of private sector civilians to receive instruction. 

2168. Defense Language Institute Foreign Language Center: degree of Associate 

of Arts in foreign language. 

2169. School of Nursing: establishment. 

CHAPTER 109—EDUCATIONAL LOAN REPAYMENT PROGRAMS 

Sec. 

2171. Education loan repayment program: enlisted members on active duty in 

specified military specialties. 

[2172. Renumbered.] 

2173. Education loan repayment program: commissioned officers in specified 

health professions. 

2174. Interest payment program: members on active duty. 

CHAPTER 110—EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS 

CAPTIVES AND THEIR DEPENDENTS 

Sec. 

2181. Definitions. 

2182. Educational assistance: dependents of captives. 

2183. Educational assistance: former captives. 
xlvii TABLE OF SECTIONS OF TITLE 10 [volume II] 

2184. Termination of assistance. 

2185. Programs to be consistent with programs administered by the Department 

of Veterans Affairs. 

CHAPTER 111—SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING 

EDUCATION 

Sec. 

2191. Graduate fellowships. 

2192. Improvement of education in technical fields: general authority regarding 

education in science, mathematics, and engineering. 

2192a. Science, Mathematics, and Research for Transformation (SMART) Defense 

Education Program. 

2193. Improvement of education in technical fields: grants for higher education 

in science and mathematics. 

2193a. Improvement of education in technical fields: general authority for support 

of elementary and secondary education in science and mathematics. 

2193b. Improvement of education in technical fields: program for support of elementary and secondary education in science, mathematics, and technology. 

2194. Education partnerships. 

2195. Department of Defense cooperative education programs. 

2196. Manufacturing engineering education: grant program. 

2197. Manufacturing experts in the classroom. 

2198. Management training program in Japanese language and culture. 

2199. Definitions. 

CHAPTER 112—INFORMATION SECURITY SCHOLARSHIP PROGRAM 

Sec. 

2200. Programs; purpose. 

2200a. Scholarship program. 

2200b. Grant program. 

2200c. Centers of Academic Excellence in Information Assurance Education. 

2200d. Regulations. 

2200e. Definitions. 

2200f. Inapplicability to Coast Guard. 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

CHAPTER 131—PLANNING AND COORDINATION 

Sec. 

2201. Apportionment of funds: authority for exemption; excepted expenses. 

2202. Regulations on procurement, production, warehousing, and supply distribution functions. 

2203. Budget estimates. 

2204. Obligation of appropriations. 

2205. Reimbursements. 

2206. Disbursement of funds of military department to cover obligation of another agency of Department of Defense. 

2207. Expenditure of appropriations: limitation. 

2208. Working-capital funds. 

2209. Management funds. 

2210. Proceeds of sales of supplies: credit to appropriations. 

2211. Reimbursement for equipment, material, or services furnished members of 

the United Nations. 

2212. Obligations for contract services: reporting in budget object classes. 

2213. Limitation on acquisition of excess supplies. 

2214. Transfer of funds: procedure and limitations. 

2215. Transfer of funds to other departments and agencies: limitation. 

2216. Defense Modernization Account. 

[2216a. Repealed.] 

2217. Comparable budgeting for common procurement weapon systems. 

2218. National Defense Sealift Fund. 

[2219. Renumbered.] 

2220. Performance based management: acquisition programs. 

[2221. Repealed.] 

2222. Defense business systems: architecture, accountability, and modernization. 
TABLE OF SECTIONS OF TITLE 10 [volume II] xlviii 

2223. Information technology: additional responsibilities of Chief Information Officers. 

2223a. Information technology acquisition planning and oversight requirements. 

2224. Defense Information Assurance Program. 

2224a. Information security: continued applicability of expiring Governmentwide 

requirements to the Department of Defense. 

2225. Information technology purchases: tracking and management. 

2226. Contracted property and services: prompt payment of vouchers. 

2227. Electronic submission and processing of claims for contract payments. 

2228. Office of Corrosion Policy and Oversight. 

2229. Strategic policy on prepositioning of materiel and equipment. 

2229a. Annual report on prepositioned materiel and equipment. 

CHAPTER 133—FACILITIES FOR RESERVE COMPONENTS 

Sec. 

2231. Reference to chapter 1803. 

CHAPTER 134—MISCELLANEOUS ADMINISTRATIVE PROVISIONS 

Subchapter Sec. 

I. Miscellaneous Authorities, Prohibitions, and Limitations on the Use 

of Appropriated Funds ........................................................................... 2241 

II. Miscellaneous Administrative Authority .................................................. 2251 

SUBCHAPTER I—MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON

THE USE OF APPROPRIATED FUNDS

Sec. 

2241. Availability of appropriations for certain purposes. 

2241a. Prohibition on use of funds for publicity or propaganda purposes within 

the United States. 

2242. Authority to use appropriated funds for certain investigations and security 

services. 

2243. Authority to use appropriated funds to support student meal programs in 

overseas dependents’ schools. 

2244. Security investigations. 

2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications. 

2245. Use of aircraft for proficiency flying: limitation. 

2245a. Use of operation and maintenance funds for purchase of investment items: 

limitation. 

[2246 to 2248. Renumbered or Repealed.] 

2249. Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs. 

2249a. Prohibition on providing financial assistance to terrorist countries. 

2249b. Display of State flag: prohibition on use of funds to arbitrarily exclude 

flag; position and manner of display. 

2249c. Regional Defense Combating Terrorism Fellowship Program: authority to 

use appropriated funds for costs associated with education and training 

of foreign officials. 

2249d. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability 

with the armed forces. 

SUBCHAPTER II—MISCELLANEOUS ADMINISTRATIVE AUTHORITY

Sec. 

2251. Household furnishings and other property: personnel outside the United 

States or in Alaska or Hawaii. 

2252. Rewards: missing property. 

2253. Motor vehicles. 

2254. Treatment of reports of aircraft accident investigations. 

2255. Aircraft accident investigation boards: composition requirements. 

2257. Use of recruiting materials for public relations. 

2259. Transit pass program: personnel in poor air quality areas. 

2260. Licensing of intellectual property: retention of fees. 

2261. Presentation of recognition items for recruitment and retention purposes. 

2262. Department of Defense conferences: collection of fees to cover Department 

of Defense costs. 
xlix TABLE OF SECTIONS OF TITLE 10 [volume II] 

2263. United States contributions to the North Atlantic Treaty Organization 

common-funded budgets. 

CHAPTER 135—SPACE PROGRAMS 

Sec. 

2271. Management of space programs: joint program offices and officer management programs. 

2272. Space science and technology strategy: coordination. 

2273. Policy regarding assured access to space: national security payloads. 

2273a. Operationally Responsive Space Program Office. 

2274. Space situational awareness services and information: provision to nonUnited States Government entities. 

CHAPTER 136—PROVISIONS RELATING TO SPECIFIC PROGRAMS 

Sec. 

2281. Global Positioning System. 

2282. B–2 bomber: annual report. 

CHAPTER 137—PROCUREMENT GENERALLY 

Sec. 

[2301. Repealed.] 

2302. Definitions. 

2302a. Simplified acquisition threshold. 

2302b. Implementation of simplified acquisition procedures. 

2302c. Implementation of electronic commerce capability. 

2302d. Major system: definitional threshold amounts. 

2303. Applicability of chapter. 

[2303a. Repealed.] 

2304. Contracts: competition requirements. 

2304a. Task and delivery order contracts: general authority. 

2304b. Task order contracts: advisory and assistance services. 

2304c. Task and delivery order contracts: orders. 

2304d. Task and delivery order contracts: definitions. 

2304e. Contracts: prohibition on competition between Department of Defense and 

small businesses and certain other entities. 

2305. Contracts: planning, solicitation, evaluation, and award procedures. 

2305a. Design-build selection procedures. 

2306. Kinds of contracts. 

2306a. Cost or pricing data: truth in negotiations. 

2306b. Multiyear contracts: acquisition of property. 

2306c. Multiyear contracts: acquisition of services. 

2307. Contract financing. 

2308. Buy-to-budget acquisition: end items. 

2309. Allocation of appropriations. 

2310. Determinations and decisions. 

2311. Assignment and delegation of procurement functions and responsibilities. 

2312. Remission of liquidated damages. 

2313. Examination of records of contractor. 

2314. Laws inapplicable to agencies named in section 2303 of this title. 

2315. Law inapplicable to the procurement of automatic data processing equipment and services for certain defense purposes. 

2316. Disclosure of identity of contractor. 

[2317. Repealed.] 

2318. Advocates for competition. 

2319. Encouragement of new competitors. 

2320. Rights in technical data. 

2321. Validation of proprietary data restrictions. 

[2322. Repealed.] 

2323. Contract goal for small disadvantaged businesses and certain institutions 

of higher education. 

2323a. Credit for Indian contracting in meeting certain subcontracting goals for 

small disadvantaged businesses and certain institutions of higher education. 

2324. Allowable costs under defense contracts. 

2325. Restructuring costs. 

2326. Undefinitized contractual actions: restrictions. 

2327. Contracts: consideration of national security objectives. 
TABLE OF SECTIONS OF TITLE 10 [volume II] l 

2328. Release of technical data under Freedom of Information Act: recovery of 

costs. 

[2329. Repealed.] 

2330. Procurement of contract services: management structure. 

2330a. Procurement of services: tracking of purchases. 

2331. Procurement of services: contracts for professional and technical services. 

2332. Share-in-savings contracts. 

2333. Joint policies on requirements definition, contingency program management, and contingency contracting. 

2334. Independent cost estimation and cost analysis. 

CHAPTER 138—COOPERATIVE AGREEMENTS WITH NATO ALLIES AND 

OTHER COUNTRIES 

Subchapter Sec. 

I. Acquisition and Cross-Servicing Agreements .......................................... 2341

II. Other Cooperative Agreements ................................................................. 2350a 

SUBCHAPTER I—ACQUISITION AND CROSS-SERVICING AGREEMENTS

Sec. 

2341. Authority to acquire logistic support, supplies, and services for elements 

of the armed forces deployed outside the United States. 

2342. Cross-servicing agreements. 

2343. Waiver of applicability of certain laws. 

2344. Methods of payment for acquisitions and transfers by the United States. 

2345. Liquidation of accrued credits and liabilities. 

2346. Crediting of receipts. 

2347. Limitation on amounts that may be obligated or accrued by the United 

States. 

2348. Inventories of supplies not to be increased. 

2349. Overseas Workload Program. 

2349a. Annual report on non-NATO agreements. 

2350. Definitions. 

SUBCHAPTER II—OTHER COOPERATIVE AGREEMENTS

Sec. 

2350a. Cooperative research and development agreements: NATO organizations; 

allied and friendly foreign countries. 

2350b. Cooperative projects under Arms Export Control Act: acquisition of defense equipment. 

2350c. Cooperative military airlift agreements: allied countries. 

2350d. Cooperative logistic support agreements: NATO countries. 

2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense. 

2350f. Procurement of communications support and related supplies and services. 

2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements. 

2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories. 

2350i. Foreign contributions for cooperative projects. 

2350j. Burden sharing contributions by designated countries and regional organizations. 

2350k. Relocation within host nation of elements of armed forces overseas. 

2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries and international organizations. 

2350m. Participation in multinational military centers of excellence. 

CHAPTER 139—RESEARCH AND DEVELOPMENT 

Sec. 

2351. Availability of appropriations. 

2352. Defense Advanced Research Projects Agency: biennial strategic plan. 

2353. Contracts: acquisition, construction, or furnishing of test facilities and 

equipment. 

2354. Contracts: indemnification provisions. 

[2355 to 2357. Repealed.] 

2358. Research and development projects. 
li TABLE OF SECTIONS OF TITLE 10 [volume II] 

2359. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, 

test, and evaluation. 

2359a. Technology Transition Initiative. 

2359b. Defense Acquisition Challenge Program. 

2360v. Research and development laboratories: contracts for services of university 

students. 

2361. Award of grants and contracts to colleges and universities: requirement of 

competition. 

2362. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education. 

[2363. Repealed.] 

2364. Coordination and communication of defense research activities. 

2365. Global Research Watch Program. 

2366. Major systems and munitions programs: survivability testing and lethality 

testing required before full-scale production. 

2366a. Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval. 

2366b. Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval. 

2367. Use of federally funded research and development centers. 

[2368 to 2370a. Repealed.] 

2371. Research projects: transactions other than contracts and grants. 

2371a. Cooperative research and development agreements under StevensonWydler Technology Innovation Act of 1980. 

2372. Independent research and development and bid and proposal costs: payments to contractors. 

2373. Procurement for experimental purposes. 

2374. Merit-based award of grants for research and development. 

2374a. Prizes for advanced technology achievements. 

2374b. Prizes for achievements in promoting science, mathematics, engineering, 

or technology education. 

CHAPTER 140—PROCUREMENT OF COMMERCIAL ITEMS 

Sec. 

2375. Relationship of commercial item provisions to other provisions of law. 

2376. Definitions. 

2377. Preference for acquisition of commercial items. 

2378. Procurement of copier paper containing specified percentages of post-consumer recycled content. 

2379. Requirement for determination by Secretary of Defense and notification to 

Congress before procurement of major weapon systems as commercial 

items. 

CHAPTER 141—MISCELLANEOUS PROCUREMENT PROVISIONS 

Sec. 

2381. Contracts: regulations for bids. 

2382. Consolidation of contract requirements: policy and restrictions. 

2383. Contractor performance of acquisition functions closely associated with inherently governmental functions. 

2384. Supplies: identification of supplier and sources. 

2384a. Supplies: economic order quantities. 

2385. Arms and ammunition: immunity from taxation. 

2386. Copyrights, patents, designs, etc.; acquisition. 

2387. Procurement of table and kitchen equipment for officers’ quarters: limitation on. 

[2388. Renumbered.] 

2389. Ensuring safety regarding insensitive munitions. 

2390. Prohibition on the sale of certain defense articles from the stocks of the 

Department of Defense. 

2391. Military base reuse studies and community planning assistance. 

2392. Prohibition on use of funds to relieve economic dislocations. 

2393. Prohibition against doing business with certain offerors or contractors. 

[2394. Renumbered.] 

[2394a. Renumbered.] 
TABLE OF SECTIONS OF TITLE 10 [volume II] lii 

2395. Availability of appropriations for procurement of technical military equipment and supplies. 

2396. Advances for payments for compliance with foreign laws, rent in foreign 

countries, tuition, public utility services, and pay and supplies of armed 

forces of friendly foreign countries. 

[2397 to 2398a. Repealed or Renumbered.] 

2399. Operational test and evaluation of defense acquisition programs. 

2400. Low-rate initial production of new systems. 

2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles. 

2401a. Lease of vehicles, equipment, vessels, and aircraft. 

2402. Prohibition of contractors limiting subcontractor sales directly to the 

United States. 

[2403 to 2407. Repealed or Renumbered.] 

2408. Prohibition on persons convicted of defense-contract related felonies and 

related criminal penalty on defense contractors. 

2409. Contractor employees: protection from reprisal for disclosure of certain information. 

[2409a. Repealed.] 

2410. Requests for equitable adjustment or other relief: certification. 

2410a. Contracts for periods crossing fiscal years: severable service contracts; 

leases of real or personal property. 

2410b. Contractor inventory accounting systems: standards. 

[2410c. Renumbered.] 

2410d. Subcontracting plans: credit for certain purchases. 

[2410e. Repealed.] 

2410f. Debarment of persons convicted of fraudulent use of ‘‘Made in America’’ 

labels. 

2410g. Advance notification of contract performance outside the United States. 

[2410h. Renumbered.] 

2410i. Prohibition on contracting with entities that comply with the secondary 

Arab boycott of Israel. 

2410j. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers’ aides. 

2410k. Defense contractors: listing of suitable employment openings with local 

employment service office. 

2410l. Contracts for advisory and assistance services: cost comparison studies. 

2410m. Retention of amounts collected from contractor during the pendency of 

contract dispute. 

2410n. Products of Federal Prison Industries: procedural requirements. 

2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products. 

2410p. Contracts: limitations on lead system integrators. 

2410q. Multiyear contracts: purchase of electricity from renewable energy 

sources. 

CHAPTER 142—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE 

AGREEMENT PROGRAM 

Sec. 

2411. Definitions. 

2412. Purposes. 

2413. Cooperative agreements. 

2414. Limitation. 

2415. Distribution. 

2416. Subcontractor information. 

2417. Administrative costs. 

2418. Authority to provide certain types of technical assistance. 

2419. Regulations. 

CHAPTER 143—PRODUCTION BY MILITARY AGENCIES 

Sec. 

2421. Plantations and farms: operation, maintenance, and improvement. 

2422. Bakery and dairy products: procurement outside the United States. 

2423. Laundry and dry cleaning services: procurement from facilities operated by 

the Navy Resale and Services Support Office. 

2424. Procurement of supplies and services from exchange stores outside the 

United States. 
liii TABLE OF SECTIONS OF TITLE 10 [volume II] 

CHAPTER 144—MAJOR DEFENSE ACQUISITION PROGRAMS 

Sec. 

2430. Major defense acquisition program defined. 

2430a. Major subprograms. 

2431. Weapons development and procurement schedules. 

2432. Selected Acquisition Reports. 

2433. Unit cost reports. 

2433a. Critical cost growth in major defense acquisition programs. 

2434. Independent cost estimates; operational manpower requirements. 

2435. Baseline description. 

2436. Major defense acquisition programs: incentive program for contractors to 

purchase capital assets manufactured in United States. 

2437. Development of major defense acquisition programs: sustainment of system to be replaced. 

2438. Performance assessments and root cause analyses. 

[2439. Repealed.] 

2440. Technology and industrial base plans. 

CHAPTER 144A—MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS 

Sec. 

2445a. Definitions. 

2445b. Cost, schedule, and performance information. 

2445c. Reports: quarterly reports; reports on program changes. 

2445d. Construction with other reporting requirements. 

CHAPTER 145—CATALOGING AND STANDARDIZATION 

Sec. 

2451. Defense supply management. 

2452. Duties of Secretary of Defense. 

2453. Supply catalog: distribution and use. 

2454. Supply catalog: new or obsolete items. 

[2455. Repealed.] 

2456. Coordination with General Services Administration. 

2457. Standardization of equipment with North Atlantic Treaty Organization 

members. 

2458. Inventory management policies. 

CHAPTER 146—CONTRACTING FOR PERFORMANCE OF CIVILIAN 

COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS 

Sec. 

2460. Definition of depot-level maintenance and repair. 

2461. Public-private competition required before conversion to contractor performance. 

2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions. 

2462. Reports on public-private competition. 

2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions. 

2464. Core logistics capabilities. 

2465. Prohibition on contracts for performance of firefighting or security-guard 

functions. 

2466. Limitations on the performance of depot-level maintenance of materiel. 

[2467, 2468. Repealed.] 

2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition. 

[2469a. Repealed.] 

2470. Depot-level activities of the Department of Defense: authority to compete 

for maintenance and repair workloads of other Federal agencies. 

[2471. Repealed.] 

2472. Prohibition on management of depot employees by end strength. 

[2473. Repealed.] 

2474. Centers of Industrial and Technical Excellence: designation; public-private 

partnerships. 

2475. Consolidation, restructuring, or reengineering of organizations, functions, 

or activities: notification requirements. 

2476. Minimum capital investment for certain depots. 
TABLE OF SECTIONS OF TITLE 10 [volume II] liv 

CHAPTER 147—COMMISSARIES AND EXCHANGES AND OTHER MORALE, 

WELFARE, AND RECREATION ACTIVITIES 

Subchapter Sec. 

I. Defense Commissary and Exchange Systems .......................................... 2481 

II. Relationship, Continuation, and Common Policies of Defense Commissary and Exchange Systems ............................................................ 2487 

III. Morale, Welfare, and Recreation Programs and Nonappropriated 

Fund Instrumentalities .......................................................................... 2491 

SUBCHAPTER I—DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

Sec. 

2481. Defense commissary and exchange systems: existence and purpose. 

2482. Commissary stores: criteria for establishment or closure; store size. 

2483. Commissary stores: use of appropriated funds to cover operating expenses. 

2484. Commissary stores: merchandise that may be sold; uniform surcharges 

and pricing. 

2485. Commissary stores: operation. 

SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF DEFENSE

COMMISSARY AND EXCHANGE SYSTEMS

Sec. 

2487. Relationship between defense commissary system and exchange stores system. 

2488. Combined exchange and commissary stores. 

2489. Overseas commissary and exchange stores: access and purchase restrictions. 

SUBCHAPTER III—MORALE, WELFARE, AND RECREATION PROGRAMS AND

NONAPPROPRIATED FUND INSTRUMENTALITIES

Sec. 

2491. Uniform funding and management of morale, welfare, and recreation programs. 

2491a. Department of Defense golf courses: limitation on use of appropriated 

funds. 

2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation. 

2491c. Retention of morale, welfare, and recreation funds by military installations: limitation. 

2492. Nonappropriated fund instrumentalities: contracts with other agencies and 

instrumentalities to provide and obtain goods and services. 

2492a. Limitation on Department of Defense entities competing with private sector in offering personal information services. 

2493. Fisher Houses: administration as nonappropriated fund instrumentality. 

2494. Nonappropriated fund instrumentalities: furnishing utility services for morale, welfare, and recreation purposes. 

2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages. 

2495a. Overseas package stores: treatment of United States wines. 

2495b. Sale or rental of sexually explicit material prohibited. 

CHAPTER 148—NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL 

BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION 

Subchapter Sec. 

I. Definitions ................................................................................................... 2500 

II. Policies and Planning ................................................................................. 2501 

III. Programs for Development, Application, and Support of Dual-Use 

Technologies ............................................................................................ 2511 

IV. Manufacturing Technology ........................................................................ 2521 

V. Miscellaneous Technology Base Policies and Programs .......................... 2531 

VI. Defense Export Loan Guarantees ............................................................. 2540 

VII. Critical Infrastructure Protection Loan Guarantees ............................... 2541 

SUBCHAPTER I—DEFINITIONS

Sec. 

2500. Definitions. 
lv TABLE OF SECTIONS OF TITLE 10 [volume II] 

SUBCHAPTER II—POLICIES AND PLANNING

Sec. 

2501. National security objectives concerning national technology and industrial 

base. 

2502. National Defense Technology and Industrial Base Council. 

2503. National defense program for analysis of the technology and industrial 

base. 

2504. Annual report to Congress. 

2505. National technology and industrial base: periodic defense capability assessments. 

2506. National technology and industrial base: periodic defense capability plan. 

2507. Data collection authority of President. 

2508. Industrial Base Fund. 

SUBCHAPTER III—PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF

DUAL-USE TECHNOLOGIES

Sec. 

2511. Defense dual-use critical technology program. 

[2512, 2513. Repealed.] 

2514. Encouragement of technology transfer. 

2515. Office of Technology Transition. 

[2516. Repealed.] 

2517. Office for Foreign Defense Critical Technology Monitoring and Assessment. 

2518. Overseas foreign critical technology monitoring and assessment financial 

assistance program. 

2519. Federal Defense Laboratory Diversification Program. 

[2520. Repealed.] 

SUBCHAPTER IV—MANUFACTURING TECHNOLOGY

Sec. 

2521. Manufacturing Technology Program. 

2522. Armament retooling and manufacturing. 

[2523, 2524. Repealed.] 

[2525. Renumbered 2521.] 

SUBCHAPTER V—MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS

Sec. 

2531. Defense memoranda of understanding and related agreements. 

2532. Offset policy; notification. 

2533. Determinations of public interest under chapter 83 of title 41. 

2533a. Requirement to buy certain articles from American sources; exceptions. 

2533b. Requirement to buy strategic materials critical to national security from 

American sources; exceptions. 

2534. Miscellaneous limitations on the procurement of goods other than United 

States goods. 

2535. Defense Industrial Reserve. 

2536. Award of certain contracts to entities controlled by a foreign government: 

prohibition. 

2537. Improved national defense control of technology diversions overseas. 

2538. Industrial mobilization: orders; priorities; possession of manufacturing 

plants; violations. 

2539. Industrial mobilization: plants; lists. 

2539a. Industrial mobilization: Board on Mobilization of Industries Essential for 

Military Preparedness. 

2539b. Availability of samples, drawings, information, equipment, materials, and 

certain services. 

SUBCHAPTER VI—DEFENSE EXPORT LOAN GUARANTEES

Sec. 

2540. Establishment of loan guarantee program. 

2540a. Transferability. 

2540b. Limitations. 

2540c. Fees charged and collected. 

2540d. Definitions. 
TABLE OF SECTIONS OF TITLE 10 [volume II] lvi 

SUBCHAPTER VII—CRITICAL INFRASTRUCTURE PROTECTION LOAN GUARANTEES

Sec. 

2541. Establishment of loan guarantee program. 

2541a. Fees charged and collected. 

2541b. Administration. 

2541c. Transferability, additional limitations, and definition. 

2541d. Reports. 

CHAPTER 149—DEFENSE ACQUISITION SYSTEM 

Sec. 

2545. Definitions. 

2546. Civilian management of the defense acquisition system. 

2547. Acquisition-related functions of chiefs of the armed forces. 

2548. Performance assessments of the defense acquisition system. 

[CHAPTER 150—REPEALED] 

CHAPTER 152—ISSUE OF SUPPLIES, SERVICES, AND FACILITIES 

Sec. 

2551. Equipment and barracks: national veterans’ organizations. 

2552. Equipment for instruction and practice: American National Red Cross. 

2553. Equipment and services: Presidential inaugural ceremonies. 

2554. Equipment and other services: Boy Scout Jamborees. 

2555. Transportation services: international Girl Scout events. 

2556. Shelter for homeless; incidental services. 

2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 

emergency assistance, and homeless veterans assistance. 

2558. National military associations: assistance at national conventions. 

2559. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services. 

2560. Aircraft and vehicles: limitation on leasing to non-Federal agencies. 

2561. Humanitarian assistance. 

2562. Limitation on use of excess construction or fire equipment from Department of Defense stocks in foreign assistance or military sales programs. 

2563. Articles and services of industrial facilities: sale to persons outside the Department of Defense. 

2564. Provision of support for certain sporting events. 

2565. Nuclear test monitoring equipment: furnishing to foreign governments. 

2566. Space and services: provision to military welfare societies. 

[2567. Repealed.] 

2568. Retention of combat uniforms by members deployed in support of contingency operations. 

CHAPTER 153—EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, 

SURPLUS, OR UNCLAIMED PROPERTY 

Sec. 

2571. Interchange of supplies and services. 

2572. Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange. 

[2573. Repealed.] 

2574. Armament: sale of individual pieces. 

2575. Disposition of unclaimed property. 

2576. Surplus military equipment: sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies. 

2576a. Excess personal property: sale or donation for law enforcement activities. 

2576b. Excess personal property: sale or donation to assist firefighting agencies. 

2577. Disposal of recyclable materials. 

2578. Vessels: transfer between departments. 

2579. War booty: procedures for handling and retaining battlefield objects. 

2580. Donation of excess chapel property. 

2581. Excess UH–1 Huey and AH–1 Cobra helicopters: requirements for transfer 

to foreign countries. 

2582. Military equipment identified on United States munitions list: annual report of public sales. 

2583. Military animals: transfer and adoption. 
lvii TABLE OF SECTIONS OF TITLE 10 [volume II] 

CHAPTER 155—ACCEPTANCE OF GIFTS AND SERVICES 

Sec. 

2601. General gift funds. 

2601a. Direct acceptance of gifts by members of the armed forces and Department 

of Defense and Coast Guard employees and their families. 

2602. American National Red Cross: cooperation and assistance. 

2603. Acceptance of fellowships, scholarships, or grants. 

2604. United Seamen’s Service: cooperation and assistance. 

2605. Acceptance of gifts for defense dependents’ schools. 

2606. Scouting: cooperation and assistance in foreign areas. 

2607. Acceptance of gifts for the Defense Intelligence College. 

2608. Acceptance of contributions for defense programs, projects, and activities; 

Defense Cooperation Account. 

[2609. Repealed.] 

2610. Competitions for excellence: acceptance of monetary awards. 

2611. Regional centers for security studies: acceptance of gifts and donations. 

2612. National Defense University: acceptance of gifts. 

2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate 

rest and recuperation travel of deployed members and their families. 

2614. Emergency communications equipment: acceptance from local public safety 

agencies for temporary use related to disasters. 

CHAPTER 157—TRANSPORTATION 

Sec. 

2631. Supplies: preference to United States vessels. 

2631a. Contingency planning: sealift and related intermodal transportation requirements. 

2632. Transportation to and from certain places of employment and on military 

installations. 

2633. Stevedoring and terminal services: vessels carrying cargo or passengers 

sponsored by military department. 

2634. Motor vehicles: transportation or storage for members on change of permanent station or extended deployment. 

2635. Medical emergency helicopter transportation assistance and limitation of 

individual liability. 

2636. Deductions from amounts due carriers. 

2636a. Loss or damage to personal property transported at Government expense: 

full replacement value; deduction from amounts due carriers. 

2637. Transportation in certain areas outside the United States. 

2638. Transportation of civilian clothing of enlisted members. 

2639. Transportation to and from school for certain minor dependents. 

2640. Charter air transportation of members of the armed forces. 

2641. Transportation of certain veterans on Department of Defense aeromedical 

evacuation aircraft. 

2641a. Transportation of American Samoa veterans on Department of Defense 

aircraft for certain medical care in Hawaii. 

2641b. Space-available travel on Department of Defense aircraft: retired members 

residing in Commonwealths and possessions of the United States for 

certain health care services. 

2642. Airlift services provided to certain other agencies: use of Department of 

Defense reimbursement rate. 

2643. Commissary and exchange services: transportation overseas. 

2644. Control of transportation systems in time of war. 

2645. Indemnification of Department of Transportation for losses covered by vessel war risk insurance. 

2646. Travel services: procurement for official and unofficial travel under one 

contract. 

2647. Next-of-kin of persons unaccounted for from conflicts after World War II: 

transportation to annual meetings. 

2648. Persons and supplies: sea, land, and air transportation. 

2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft. 

2650. Civilian personnel in Alaska. 

2651. Passengers and merchandise to Guam: sea transport. 
TABLE OF SECTIONS OF TITLE 10 [volume II] lviii 

CHAPTER 159—REAL PROPERTY; RELATED PERSONAL PROPERTY; AND 

LEASE OF NON-EXCESS PROPERTY 

Sec. 

2661. Miscellaneous administrative provisions relating to real property. 

[2661a. Repealed.] 

2662. Real property transactions: reports to congressional committees. 

2663. Land acquisition authorities. 

2664. Limitations on real property acquisition. 

2665. Sale of certain interests in land; logs. 

[2666. Repealed.] 

2667. Leases: non-excess property of military departments and Defense Agencies. 

[2667a. Repealed.] 

2668. Easements for rights-of-way. 

2668a. Easements: granting restrictive easements in connection with land conveyances. [2669. Repealed.] 

2670. Use of facilities by private organizations; use as polling places. 

2671. Military reservations and facilities: hunting, fishing, and trapping. 

[2672 to 2673. Repealed.] 

2674. Operation and control of Pentagon Reservation and defense facilities in 

National Capital Region. 

2675. Leases: foreign countries. 

[2676, 2677. Renumbered or Repealed.] 

2678. Feral horses and burros: removal from military installations. 

[2679, 2680. Repealed.] 

2681. Use of test and evaluation installations by commercial entities. 

2682. Facilities for defense agencies. 

2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations. 

2684. Cooperative agreements for management of cultural resources. 

2684a. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 

2685. Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities. 

2686. Utilities and services: sale; expansion and extension of systems and facilities. 

2687. Base closures and realignments. 

2687a. Overseas base closures and realignments and basing master plans. 

2688. Utility systems: conveyance authority. 

[2689, 2690. Renumbered.] 

2691. Restoration of land used by permit or lease. 

2692. Storage, treatment, and disposal of nondefense toxic and hazardous materials. 

[2693. Repealed.] 

2694. Conservation and cultural activities. 

2694a. Conveyance of surplus real property for natural resource conservation. 

2694b. Participation in wetland mitigation banks. 

2694c. Participation in conservation banking programs. 

2695. Acceptance of funds to cover administrative expenses relating to certain 

real property transactions. 

2696. Real property: transfer between armed forces and screening requirements 

for other Federal use. 

2697. Acceptance and use of landing fees charged for use of domestic military 

airfields by civil aircraft. 

CHAPTER 160—ENVIRONMENTAL RESTORATION 

Sec. 

2700. Definitions. 

2701. Environmental restoration program. 

2702. Research, development, and demonstration program. 

2703. Environmental restoration accounts. 

2704. Commonly found unregulated hazardous substances. 

2705. Notice of environmental restoration activities. 

2706. Annual reports to Congress. 

2707. Environmental restoration projects for environmental responses. 
lix TABLE OF SECTIONS OF TITLE 10 [volume II] 

2708. Contracts for handling hazardous waste from defense facilities. 

2709. Investment control process for environmental technologies. 

2710. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (other than operational ranges). 

CHAPTER 161—PROPERTY RECORDS AND REPORT OF THEFT OR LOSS OF 

CERTAIN PROPERTY 

Sec. 

2721. Property records: maintenance on quantitative and monetary basis. 

2722. Theft or loss of ammunition, destructive devices, and explosives: report to 

Secretary of the Treasury. 

2723. Notice to congressional committees of certain security and counterintelligence failures within defense programs. 

CHAPTER 163—MILITARY CLAIMS 

Sec. 

2731. Definition. 

2732. Payment of claims: availability of appropriations. 

2733. Property loss; personal injury or death: incident to noncombat activities of 

Department of Army, Navy, or Air Force. 

2734. Property loss; personal injury or death: incident to noncombat activities of 

the armed forces; foreign countries. 

2734a. Property loss; personal injury or death: incident to noncombat activities of 

armed forces in foreign countries; international agreements. 

2734b. Property loss; personal injury or death: incident to activities of armed 

forces of foreign countries in United States; international agreements. 

2735. Settlement: final and conclusive. 

2736. Property loss; personal injury or death: advance payment. 

2737. Property loss; personal injury or death: incident to use of property of the 

United States and not cognizable under other law. 

2738. Property loss: reimbursement of members for certain losses of household 

effects caused by hostile action. 

2739. Amounts recovered from third parties for loss or damage to personal property shipped or stored at Government expense: crediting to appropriations. 

2740. Property loss: reimbursement of members and civilian employees for full 

replacement value of household effects when contractor reimbursement 

not available. 

CHAPTER 165—ACCOUNTABILITY AND RESPONSIBILITY 

Sec. 

2771. Final settlement of accounts: deceased members. 

2772. Share of fines and forfeitures to benefit Armed Forces Retirement Home. 

2773. Designation, powers, and accountability of deputy disbursing officials. 

2773a. Departmental accountable officials. 

2773b. Parking of funds: prohibition; penalties. 

2774. Claims for overpayment of pay and allowances and of travel and transportation allowances. 

2775. Liability of members assigned to military housing. 

2776. Use of receipts of public money for current expenditures. 

2777. Requisitions for advances and removal of charges outstanding in accounts 

of advances. 

[2778. Repealed.] 

2779. Use of funds because of fluctuations in currency exchange rates of foreign 

countries. 

2780. Debt collection. 

2781. Availability of appropriations: exchange fees; losses in accounts. 

2782. Damage to real property: disposition of amounts recovered. 

2783. Nonappropriated fund instrumentalities: financial management and use of 

nonappropriated funds. 

2784. Management of purchase cards. 

2784a. Management of travel cards. 

2785. Remittance addresses: regulation of alterations. 

2786. Department of Defense payments by electronic transfers of funds: exercise 

of authority for waivers. 

2787. Reports of survey. 

2788. Property accountability: regulations. 
TABLE OF SECTIONS OF TITLE 10 [volume II] lx 

2789. Individual equipment: unauthorized disposition. 

2790. Recovery of improperly disposed of Department of Defense property. 

[CHAPTER 167—REPEALED] 

CHAPTER 169—MILITARY CONSTRUCTION AND MILITARY FAMILY 

HOUSING 

Subchapter Sec. 

I. Military Construction ................................................................................. 2801 

II. Military Family Housing ........................................................................... 2821 

III. Administration of Military Construction and Military Family Housing ............................................................................................................ 2851 

IV. Alternative Authority for Acquisition and Improvement of Military 

Housing ................................................................................................... 2871 

SUBCHAPTER I—MILITARY CONSTRUCTION

Sec. 

2801. Scope of chapter; definitions. 

2802. Military construction projects. 

2803. Emergency construction. 

2804. Contingency construction. 

2805. Unspecified minor construction. 

2806. Contributions for North Atlantic Treaty Organizations Security Investment. 

2807. Architectural and engineering services and construction design. 

2808. Construction authority in the event of a declaration of war or national 

emergency. 

2809. Long-term facilities contracts for certain activities and services. 

[2810. Repealed.] 

2811. Repair of facilities. 

2812. Lease-purchase of facilities. 

2813. Acquisition of existing facilities in lieu of authorized construction. 

2814. Special authority for development of Ford Island, Hawaii. 

2815. Joint use military construction projects: annual evaluation. 

SUBCHAPTER II—MILITARY FAMILY HOUSING

Sec. 

2821. Requirement for authorization of appropriations for construction and acquisition of military family housing. 

2822. Requirement for authorization of number of family housing units. 

[2823. Repealed.] 

2824. Authorization for acquisition of existing family housing in lieu of construction. 

2825. Improvements to family housing units. 

2826. Military family housing: local comparability of room patterns and floor 

areas. 

2827. Relocation of military family housing units. 

2828. Leasing of military family housing. 

2829. Multi-year contracts for supplies and services. 

2830. Occupancy of substandard family housing units. 

2831. Military family housing management account. 

2832. Homeowners assistance program. 

2833. Family housing support. 

2834. Participation in Department of State housing pools. 

2835. Long-term leasing of military family housing to be constructed. 

2835a. Use of military family housing constructed under build and lease authority to house other members. 

2836. Military housing rental guarantee program. 

2837. Limited partnerships with private developers of housing. 

2838. Leasing of military family housing to Secretary of Defense. 

SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY

FAMILY HOUSING

Sec. 

2851. Supervision of military construction projects. 

2852. Military construction projects: waiver of certain restrictions. 
lxi TABLE OF SECTIONS OF TITLE 10 [volume II] 

2853. Authorized cost and scope of work variations. 

2854. Restoration or replacement of damaged or destroyed facilities. 

2854a. Conveyance of damaged or deteriorated military family housing; use of 

proceeds. 

2855. Law applicable to contracts for architectural and engineering services and 

construction design. 

2856. Military unaccompanied housing: local comparability of floor areas. 

[2857. Renumbered.] 

2858. Limitation on the use of funds for expediting a construction project. 

2859. Construction requirements related to antiterrorism and force protection or 

urban-training operations.. 

2860. Availability of appropriations. 

2861. Military construction projects in connection with industrial facility investment program. 

2862. Turn-key selection procedures. 

2863. Payment of contractor claims. 

[2864, 2865. Repealed.] 

2866. Water conservation at military installations. 

2867. Energy monitoring and utility control system specification for military construction and military family housing activities. 

2868. Utility services: furnishing for certain buildings. 

2869. Conveyance of property at military installations to limit encroachment. 

SUBCHAPTER IV—ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF

MILITARY HOUSING

Sec. 

2871. Definitions. 

2872. General authority. 

2872a. Utilities and services. 

2873. Direct loans and loan guarantees. 

2874. Leasing of housing. 

2875. Investments. 

2876. Rental guarantees. 

2877. Differential lease payments. 

2878. Conveyance or lease of existing property and facilities. 

[2879. Repealed.] 

2880. Unit size and type. 

2881. Ancillary supporting facilities. 

2881a. Pilot projects for acquisition or construction of military unaccompanied 

housing. 

2882. Effect of assignment of members to housing units acquired or constructed 

under alternative authority. 

2883. Department of Defense Housing Funds. 

2883a. Funds for housing allowances of members of the armed forces assigned to 

certain military family housing units. 

2884. Reports. 

2885. Oversight and accountability for privatization projects. 

[CHAPTER 171—REPEALED] 

CHAPTER 172—STRATEGIC ENVIRONMENTAL RESEARCH AND 

DEVELOPMENT PROGRAM 

Sec. 

2901. Strategic Environmental Research and Development Program. 

2902. Strategic Environmental Research and Development Program Council. 

2903. Executive Director. 

2904. Strategic Environmental Research and Development Program Scientific 

Advisory Board. 

CHAPTER 173—ENERGY SECURITY 

Subchapter 

I. Energy Security Activities ......................................................................... 2911 

II. Energy Related Procurement .................................................................... 2922 

III. General Provisions ..................................................................................... 2925 
TABLE OF SECTIONS OF TITLE 10 [volume II] lxii 

SUBCHAPTER I—ENERGY SECURITY ACTIVITIES

Sec. 

2911. Energy performance goals and master plan for the Department of Defense. 

2912. Availability and use of energy cost savings. 

2913. Energy savings contracts and activities. 

2914. Energy conservation construction projects. 

2915. Facilities: use of renewable forms of energy and energy efficient products. 

2916. Sale of electricity from alternate energy and cogeneration production facilities. 

2917. Development of geothermal energy on military lands. 

2918. Fuel sources for heating systems; prohibition on converting certain heating 

facilities. 

2919. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. 

SUBCHAPTER II—ENERGY-RELATED PROCUREMENT

Sec. 

2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution. 

2922a. Contracts for energy or fuel for military installations. 

2922b. Procurement of energy systems using renewable forms of energy. 

2922c. Procurement of gasohol as motor vehicle fuel. 

2922d. Procurement of fuel derived from coal, oil shale, and tar sands. 

2922e. Acquisition of certain fuel sources: authority to waive contract procedures; 

acquisition by exchange; sales authority. 

2922f. Preference for energy efficient electric equipment. 

2922g. Preference for motor vehicles using electric or hybrid propulsion systems. 

SUBCHAPTER III—GENERAL PROVISIONS

Sec. 

2925. Annual Department of Defense energy management reports. 

[NOTE: Subtitles B–E are set out in Volume III of this 

publication] 

SUBTITLE B—ARMY 

PART I—ORGANIZATION 

CHAPTER 301—DEFINITIONS 

Sec. 

3001. Definitions. 

CHAPTER 303—DEPARTMENT OF THE ARMY 

Sec. 

3011. Organization. 

3012. Department of the Army: seal. 

3013. Secretary of the Army. 

3014. Office of the Secretary of the Army. 

3015. Under Secretary of the Army. 

3016. Assistant Secretaries of the Army. 

3017. Secretary of the Army: successors to duties. 

3018. Administrative Assistant. 

3019. General Counsel. 

3020. Inspector General. 

3021. Army Reserve Forces Policy Committee. 

3022. Financial management. 

3023. Chief of Legislative Liaison. 

3024. Director of Small Business Programs. 

CHAPTER 305—THE ARMY STAFF 

Sec. 

3031. The Army Staff: function; composition. 
lxiii TABLE OF SECTIONS OF TITLE 10 [volume III] 

3032. The Army Staff: general duties. 

3033. Chief of Staff. 

3034. Vice Chief of Staff. 

3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. 

3036. Chiefs of branches: appointment; duties. 

3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties. 

3038. Office of Army Reserve: appointment of Chief. 

3039. Deputy and assistant chiefs of branches. 

[3040. Repealed.] 

CHAPTER 307—THE ARMY 

Sec. 

3061. Regulations. 

3062. Policy; composition; organized peace establishment. 

3063. Basic branches. 

3064. Special branches. 

3065. Assignment and detail: officers assigned or detailed to basic and special 

branches. 

[3066. Repealed.] 

3067. Army Medical Department. 

3068. Medical Service Corps: organization; Chief and assistant chiefs. 

3069. Army Nurse Corps: composition; Chief and assistant chief; appointment; 

grade. 

3070. Army Medical Specialist Corps: organization; Chief and assistant chiefs. 

[3071. Repealed.] 

3072. Judge Advocate General’s Corps. 

3073. Chaplains. 

3074. Commands: territorial organization; engineer tactical units. 

3075. Regular Army: composition. 

[3076 to 3080. Repealed.] 

3081. Dental Corps: Chief, functions. 

[3082. Renumbered.] 

3083. Public Affairs Specialty. 

3084. Chief of Veterinary Corps: grade. 

PART II—PERSONNEL 

CHAPTER 331—STRENGTH 

Sec. 

3201. Officers on active duty: minimum strength based on requirements. 

[3202 to 3207, 3209. Repealed.] 

3210. Regular Army: strength in grade; general officers. 

[3211 to 3225, 3230. Repealed.] 

CHAPTER 333—ENLISTMENTS 

Sec. 

3251. Definition. 

3252. Bonus to encourage Army personnel to refer persons for enlistment in the 

Army. 

[3253 to 3256. Repealed.] 

3258. Regular Army: reenlistment after service as an officer. 

[3259 to 3261. Repealed.] 

3262. Army: percentage of high-school graduates. 

[3263 to 3264. Repealed.] 

CHAPTER 335—APPOINTMENTS IN THE REGULAR ARMY 

Sec. 

3281. Commissioned officer grades. 

3282. General officers: title of office. 

3283. Commissioned officers: appointment without specification of branch; transfer between branches. 

[3284 to 3309. Repealed.] 

3310. Warrant officers: original appointment; qualifications. 

[3311 to 3314. Repealed.] 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxiv 

[CHAPTER 337—REPEALED] 

CHAPTER 339—TEMPORARY APPOINTMENTS 

Sec. 

[3441 to 3445. Repealed.] 

3446. Retention on active duty. 

[3447 to 3452. Repealed.] 

CHAPTER 341—ACTIVE DUTY 

Sec. 

3491. Non-regular officers: status. 

[3492 to 3502. Repealed.] 

3503. Retired commissioned officers: status. 

[3504. Repealed.] 

CHAPTER 343—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND 

DUTIES 

Sec. 

[3531, 3532. Repealed.] 

3533. Corps of Engineers: assignment or transfer of officers to duties involving 

civil functions. 

3534. Corps of Engineers: detail of officers to assist Mayor of District of Columbia. 

[3535. Repealed.] 

3536. Leader of Army Band: appointment. 

[3538 to 3542. Repealed.] 

3543. Aides: detail; number authorized. 

[3544 to 3546. Repealed.] 

3547. Duties: chaplains; assistance required of commanding officers. 

3548. Duties: warrant officers; limitations. 

CHAPTER 345—RANK AND COMMAND 

Sec. 

[3571. Repealed.] 

3572. Rank: commissioned officers serving under temporary appointments. 

[3573, 3574. Repealed.] 

3575. Rank: warrant officers. 

[3576, 3578. Repealed.] 

3579. Command: commissioned officers of Army Medical Department. 

[3580. Repealed.] 

3581. Command: chaplains. 

[3582. Repealed.] 

3583. Requirement of exemplary conduct. 

[CHAPTER 347—REPEALED] 

CHAPTER 349—MISCELLANEOUS PROHIBITIONS AND PENALTIES 

Sec. 

[3631 to 3638. Repealed.] 

3639. Enlisted members: officers not to use as servants. 

[CHAPTER 351—REPEALED] 

CHAPTER 353—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

3681. Presentation of United States flag upon retirement. 

[3682 to 3683. Repealed.] 

3684. Service credit: regular enlisted members; service as an officer to be counted as enlisted service. 

[3685 to 3690. Repealed.] 

3691. Flying officer rating: qualifications. 

[3692, 3693. Repealed.] 

CHAPTER 355—HOSPITALIZATION 

Sec. 

[3721, 3722. Repealed.] 

3723. When Secretary may require. 
lxv TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 357—DECORATIONS AND AWARDS 

Sec. 

3741. Medal of honor: award. 

3742. Distinguished-service cross: award. 

3743. Distinguished-service medal: award. 

3744. Medal of honor; distinguished-service cross; distinguished-service medal: 

limitations on award. 

3745. Medal of honor; distinguished-service cross; distinguished-service medal: 

delegation of power to award. 

3746. Silver star: award. 

3747. Medal of honor; distinguished-service cross; distinguished-service medal; 

silver star: replacement. 

3748. Medal of honor; distinguished-service cross; distinguished-service medal; 

silver star: availability of appropriations. 

3749. Distinguished flying cross: award; limitations. 

3750. Soldier’s Medal: award; limitations. 

3751. Service medals: issue; replacement; availability of appropriations. 

3752. Medals: posthumous award and presentation. 

3753. Civil War battle streamers. 

3754. Medal of honor: duplicate medal. 

3755. Medal of honor: presentation of Medal of Honor Flag. 

3756. Korea Defense Service Medal. 

[CHAPTER 359—REPEALED] 

[CHAPTER 360—REPEALED] 

[CHAPTER 361—REPEALED] 

[CHAPTER 363—REPEALED] 

[CHAPTER 365—REPEALED] 

CHAPTER 367—RETIREMENT FOR LENGTH OF SERVICE 

Sec. 

3911. Twenty years or more: regular or reserve commissioned officers. 

[3912, 3913. Repealed.] 

3914. Twenty to thirty years: enlisted members. 

[3915, 3916. Repealed.] 

3917. Thirty years or more: regular enlisted members. 

3918. Thirty years or more: regular commissioned officers. 

[3919. Repealed.] 

3920. More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy. 

3921. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority. 

[3922, 3923. Repealed.] 

3924. Forty years or more: Army officers. 

3925. Computation of years of service: voluntary retirement; enlisted members. 

3926. Computation of years of service: voluntary retirement; regular and reserve 

commissioned officers. 

[3927, 3928. Repealed.] 

3929. Computation of retired pay: law applicable. 

CHAPTER 369—RETIRED GRADE 

Sec. 

3961. General rule. 

3962. Higher grade for service in special positions. 

3963. Highest grade held satisfactorily: Reserve enlisted members reduced in 

grade not as a result of the member’s misconduct. 

3964. Higher grade after 30 years of service: warrant officers and enlisted members. 

3965. Restoration to former grade: retired warrant officers and enlisted members. 

3966. Retired lists. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxvi 

CHAPTER 371—COMPUTATION OF RETIRED PAY 

Sec. 

3991. Computation of retired pay. 

3992. Recomputation of retired pay to reflect advancement on retired list. 

CHAPTER 373—CIVILIAN EMPLOYEES 

Sec. 

4021. Army War College and United States Army Command and General Staff 

College: civilian faculty members. 

[4022, 4023. Repealed.] 

4024. Expert accountant for Inspector General. 

4025. Production of supplies and munitions: hours and pay of laborers and mechanics. 

4027. Civilian special agents of the Criminal Investigation Command: authority 

to execute warrants and make arrests. 

CHAPTER 375—MISCELLANEOUS INVESTIGATION REQUIREMENTS AND 

OTHER DUTIES 

Sec. 

4061. Fatality reviews. 

PART III—TRAINING 

CHAPTER 401—TRAINING GENERALLY 

Sec. 

4301. Members of Army: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals. 

4302. Enlisted members of Army: schools. 

4303. Army Ranger training: instructor staffing; safety. 

4306. Service schools: leaves of absence for instructors. 

[4307, 4308. Repealed.] 

4309. Rifle ranges: availability for use by members and civilians. 

[4310 to 4313. Repealed.] 

4314. Degree granting authority for United States Army Command and General 

Staff College. 

4315. The Judge Advocate General’s School: master of laws in military law. 

4316. Reporting requirements. 

4317. Military history fellowships. 

4318. Drill sergeant trainees: human relations training. 

4319. Recruit basic training: separate housing for male and female recruits. 

4320. Recruit basic training: privacy. 

4321. Degree granting authority for United States Army War College. 

CHAPTER 403—UNITED STATES MILITARY ACADEMY 

Sec. 

4331. Establishment; Superintendent; faculty. 

4332. Departments and professors: titles. 

4333. Superintendent; faculty: appointment and detail. 

4333a. Superintendent: condition for detail to position. 

4334. Command and supervision. 

4335. Dean of Academic Board. 

4336. Permanent professors; director of admissions. 

4337. Chaplain. 

4338. Civilian faculty: number; compensation. 

[4339. Repealed.] 

4340. Quartermaster. 

4341. Faculty and other officers: leaves of absence. 

4341a. Cadets: appointment by the President. 

4342. Cadets: appointment; numbers, territorial distribution. 

4343. Cadets: appointment; to bring Corps to full strength. 

4344. Selection of persons from foreign countries. 

4345. Exchange program with foreign military academies. 

4345a. Foreign and cultural exchange activities. 

4346. Cadets: requirements for admission. 

4347. Cadets; nominees: effect of redistricting of States. 

4348. Cadets: agreement to serve as officer. 
lxvii TABLE OF SECTIONS OF TITLE 10 [volume III] 

4349. Cadets: organization of Corps; service; instruction. 

4350. Cadets: clothing and equipment. 

4351. Cadets: deficiencies in conduct or studies; effect of failure on successor. 

4352. Cadets: hazing. 

4353. Cadets: degree and commission on graduation. 

4354. Buildings and grounds: memorial hall; buildings for religious worship. 

4355. Board of Visitors. 

4356. Use of certain gifts. 

4357. Acceptance of guarantees with gifts for major projects. 

4358. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees. 

4359. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds. 

4360. Cadets: charges and fees for attendance; limitation. 

4361. Policy on sexual harassment and sexual violence. 

[CHAPTER 405—REPEALED] 

CHAPTER 407—SCHOOLS AND CAMPS 

Sec. 

4411. Establishment: purpose. 

4412. Operation. 

4413. Transportation and subsistence during travel. 

4414. Quartermaster and ordnance property: sales. 

[4415. Repealed.] 

4416. Academy of Health Sciences: admission of civilians in physician assistant 

training program. 

4417. United States Army War College: acceptance of grants for faculty research 

for scientific, literary, and educational purposes. 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

[CHAPTER 431—REPEALED] 

CHAPTER 433—PROCUREMENT 

Sec. 

[4531. Repealed.] 

4532. Factories and arsenals: manufacture at; abolition of. 

[4533 to 4535. Repealed.] 

4536. Equipment: post bakeries, schools, kitchens, and mess halls. 

[4537 to 4539. Repealed.] 

4540. Architectural and engineering services. 

4541. Army arsenals: treatment of unutilized or underutilized plant-capacity 

costs. 

4542. Technical data packages for large-caliber cannon: prohibition on transfers 

to foreign countries; exception. 

4543. Army industrial facilities: sales of manufactured articles or services outside Department of Defense. 

4544. Army industrial facilities: cooperative activities with non-Army entities. 

CHAPTER 434—ARMAMENTS INDUSTRIAL BASE 

Sec. 

4551. Definitions. 

4552. Policy. 

4553. Armament Retooling and Manufacturing Support Initiative. 

4554. Property management contracts and leases. 

4555. ARMS Initiative loan guarantee program. 

CHAPTER 435—ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES 

Sec. 

4561. Rations. 

4562. Clothing. 

4563. Clothing: replacement when destroyed to prevent contagion. 

4564. Navy and Marine Corps: camp equipment and transportation; when on 

shore duty with Army. 

4565. Colors, standards, and guidons of demobilized organizations: disposition. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxviii 

CHAPTER 437—UTILITIES AND SERVICES 

Sec. 

4591. Utilities: proceeds from overseas operations. 

4592. Radiograms and telegrams: forwarding charges due connecting commercial 

facilities. 

4593. Quarters: heat and light. 

4594. Furnishing of heraldic services. 

4595. Army Military History Institute: fee for providing historical information to 

the public. 

CHAPTER 439—SALE OF SERVICEABLE MATERIAL 

Sec. 

4621. Quartermaster supplies: members of armed forces; veterans; executive or 

military departments and employees; prices. 

4622. Rations: commissioned officers in field. 

[4623. Repealed.] 

4624. Medical supplies: civilian employees of the Army; American National Red 

Cross; Armed Forces Retirement Home. 

4625. Ordnance property: officers of armed forces; civilian employees of Army; 

American National Red Cross; educational institutions; homes for veterans’ orphans. 

4626. Aircraft supplies and services: foreign military or air attache ́. 

4627. Supplies: educational institutions. 

4628. Airplane parts and accessories: civilian flying schools. 

4629. Proceeds: disposition. 

CHAPTER 441—ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO 

ARMED FORCES 

Sec. 

4651. Arms, tentage, and equipment: educational institutions not maintaining 

units of R.O.T.C. 

4652. Rifles and ammunition for target practice: educational institutions having 

corps of cadets. 

4653. Ordnance and ordnance stores: District of Columbia high schools. 

4654. Quartermaster supplies: military instruction camps. 

4655. Arms and ammunition: agencies and departments of the United States. 

4656. Aircraft and equipment: civilian aviation schools. 

4657. Sale of ammunition for avalanche-control purposes. 

CHAPTER 443—DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL 

Sec. 

4681. Surplus war material: sale to States and foreign governments. 

4682. Obsolete or excess material: sale to National Council of Boy Scouts of 

America. 

4683. Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes. 

4684. Surplus obsolete ordnance: sale to patriotic organizations. 

4685. Obsolete ordnance: loan to educational institutions and State soldiers and 

sailors’ orphans’ homes. 

4686. Obsolete ordnance: gift to State homes for soldiers and sailors. 

4687. Sale of excess, obsolete, or unserviceable ammunition and ammunition 

components. 

4688. Armor-piercing ammunition and components: condition on disposal. 

4689. Transfer of material and equipment to the Architect of the Capitol. 

4690. Recyclable munitions materials: sale; use of proceeds. 

CHAPTER 445—DISPOSITION OF EFFECTS OF DECEASED PERSONS; 

CAPTURED FLAGS 

Sec. 

[4711. Repealed.] 

4712. Disposition of effects of deceased persons by summary court-martial. 

[4713. Repealed.] 

4714. Collection of captured flags, standards, and colors. 
lxix TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 447—TRANSPORTATION 

Sec. 

[4741 to 4748. Repealed or Renumbered.] 

4749. Property: for United States surveys. 

CHAPTER 449—REAL PROPERTY 

Sec. 

4771. Acceptance of donations: land for mobilization, training, supply base, or 

aviation field. 

4772. Heritage Center for the National Museum of the United States Army: development and operation. 

[4774 to 4775. Repealed.] 

4776. Emergency construction: fortifications. 

4777. Permits: military reservations; landing ferries, erecting bridges, driving 

livestock. 

4778. Licenses: military reservations; erection and use of buildings; Young Men’s 

Christian Association. 

4779. Use of public property. 

4780. Acquisition of buildings in District of Columbia. 

CHAPTER 451—MILITARY CLAIMS 

Sec. 

4801. Definition. 

4802. Admiralty claims against the United States. 

4803. Admiralty claims by United States. 

4804. Salvage claims by United States. 

[4805. Repealed.] 

4806. Settlement or compromise: final and conclusive. 

CHAPTER 453—ACCOUNTABILITY AND RESPONSIBILITY 

Sec. 

4831. Custody of departmental records and property. 

[4832 to 4836. Repealed.] 

4837. Settlement of accounts: remission or cancellation of indebtedness of members. 

4838. Settlement of accounts: affidavit of company commander. 

4839. Settlement of accounts: oaths. 

4840. Final settlement of officer’s accounts. 

4841. Payment of small amounts to public creditors. 

4842. Settlement of accounts of line officers. 

SUBTITLE C—NAVY AND MARINE CORPS 

PART I—ORGANIZATION 

CHAPTER 501—DEFINITIONS 

Sec. 

5001. Definitions. 

CHAPTER 503—DEPARTMENT OF THE NAVY 

Sec. 

5011. Organization. 

5012. Department of the Navy: seal. 

5013. Secretary of the Navy. 

5013a. Secretary of the Navy: powers with respect to Coast Guard. 

5014. Office of the Secretary of the Navy. 

5015. Under Secretary of the Navy. 

5016. Assistant Secretaries of the Navy. 

5017. Secretary of the Navy: successors to duties. 

5018. Administrative Assistant. 

5019. General Counsel. 

5020. Naval Inspector General: detail; duties. 

[5021. Repealed.] 

5022. Office of Naval Research: duties. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxx 

5023. Office of Naval Research: appropriations; time limit. 

5024. Naval Research Advisory Committee. 

5025. Financial management. 

5026. Consultation with Commandant of the Marine Corps on major decisions 

directly concerning Marine Corps aviation. 

5027. Chief of Legislative Affairs. 

5028. Director of Small Business Programs. 

CHAPTER 505—OFFICE OF THE CHIEF OF NAVAL OPERATIONS 

Sec. 

5031. Office of the Chief of Naval Operations: function; composition. 

5032. Office of the Chief of Naval Operations: general duties. 

5033. Chief of Naval Operations. 

[5034. Repealed.] 

5035. Vice Chief of Naval Operations. 

5036. Deputy Chiefs of Naval Operations. 

5037. Assistant Chiefs of Naval Operations. 

5038. Director for Expeditionary Warfare. 

CHAPTER 506—HEADQUARTERS, MARINE CORPS 

Sec. 

5041. Headquarters, Marine Corps: function; composition. 

5042. Headquarters, Marine Corps: general duties. 

5043. Commandant of the Marine Corps. 

5044. Assistant Commandant of the Marine Corps. 

5045. Deputy Commandants. 

5046. Staff Judge Advocate to the Commandant of the Marine Corps. 

5047. Legislative Assistant to the Commandant. 

CHAPTER 507—COMPOSITION OF THE DEPARTMENT OF THE NAVY 

Sec. 

5061. Department of the Navy: composition. 

5062. United States Navy: composition; functions. 

5063. United States Marine Corps: composition; functions. 

[CHAPTER 509—REPEALED] 

[CHAPTER 511—REPEALED] 

CHAPTER 513—BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL 

Sec. 

5131. Bureaus: names; location. 

5132. Bureaus: distribution of business; orders; records; expenses. 

5133. Bureau Chiefs: rank; pay and allowances; retirement. 

[5134. Repealed.] 

5135. Bureau Chiefs: succession to duties. 

[5136. Repealed.] 

5137. Bureau of Medicine and Surgery: Chief; Deputy Chief. 

5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions. 

5139. Appointment of chiropractors in the Medical Service Corps. 

[5140. Repealed.] 

5141. Bureau of Naval Personnel: Chief of Naval Personnel; Deputy Chief of 

Naval Personnel. 

5142. Chaplain Corps and Chief of Chaplains. 

5142a. Deputy Chief of Chaplains. 

5143. Office of Navy Reserve: appointment of Chief. 

5144. Office of Marine Forces Reserve: appointment of Commander. 

[5145 to 5147. Repealed.] 

5148. Judge Advocate General’s Corps: Office of the Judge Advocate General; 

Judge Advocate General; appointment, term, emoluments, duties. 

5149. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General. 

5150. Staff Corps of the Navy. 

[5151 to 5153. Renumbered.] 

[5154. Repealed.] 

[5155. Renumbered.] 
lxxi TABLE OF SECTIONS OF TITLE 10 [volume III] 

[CHAPTER 515—REPEALED] 

[CHAPTER 516—REPEALED] 

[CHAPTER 517—REPEALED] 

[CHAPTER 519—REPEALED] 

PART II—PERSONNEL 

[CHAPTER 531—REPEALED] 

CHAPTER 533—DISTRIBUTION IN GRADE 

Sec. 

5441. Prescribed number; vacancies. 

[5442 to 5449. Repealed.] 

5450. Regular Navy: retired flag officers on active duty. 

5451. Suspension: preceding sections. 

[5452 to 5458. Repealed.] 

CHAPTER 535—GRADE AND RANK OF OFFICERS 

Sec. 

5501. Navy: grades above chief warrant officer, W–5. 

5502. Marine Corps: grades above chief warrant officer, W–5. 

5503. Navy and Marine Corps: warrant officer grades. 

[5504 to 5507. Repealed.] 

5508. Rank of line and staff corps officers of the Navy and officers of the Marine 

Corps. 

CHAPTER 537—ENLISTMENTS 

Sec. 

[5531 to 5539. Repealed.] 

5540. Expiration: rights of member. 

CHAPTER 539—ORIGINAL APPOINTMENTS 

Sec. 

[5571 to 5581. Repealed.] 

5582. Regular Navy: transfers, line and staff corps. 

[5583, 5584. Repealed.] 

5585. Regular Marine Corps: order of filling vacancies in grade of second lieutenant. 

[5586. Repealed.] 

5587. Regular Navy: officers designated for engineering duty, aeronautical engineering duty, and special duty. 

5587a. Regular Marine Corps: judge advocates. 

[5588. Repealed.] 

5589. Regular Navy and Regular Marine Corps: officers designated for limited 

duty. 

[5590 to 5595. Repealed.] 

5596. Navy and Marine Corps: temporary appointments of officers designated for 

limited duty. 

[5597 to 5601. Repealed.] 

[CHAPTER 541—REPEALED] 

[CHAPTER 543—REPEALED] 

CHAPTER 544—TEMPORARY APPOINTMENTS 

Sec. 

5721. Temporary promotions of certain Navy lieutenants. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxii 

[CHAPTER 545—REPEALED] 

[CHAPTER 547—REPEALED] 

[CHAPTER 549—REPEALED] 

CHAPTER 551—OFFICERS IN COMMAND 

Sec. 

[5941. Repealed.] 

5942. Aviation commands: eligibility. 

5943. Naval shipyards. 

5944. Marine Corps officers: limitation on power to command. 

5945. Staff corps officers: limitation on power to command. 

5946. Precedence accorded commanding officers. 

5947. Requirement of exemplary conduct. 

5948. Consular powers: senior officer present afloat. 

5949. Policy as to leave and liberty. 

[5950. Repealed.] 

5951. Continuation of authority after loss of vessel or aircraft. 

5952. Marine Corps organizations on vessels: authority of officers. 

[5953 to 5955. Repealed.] 

CHAPTER 553—SPECIAL ASSIGNMENTS AND DETAILS 

Sec. 

[5981. Repealed.] 

[5982. Repealed.] 

5983. State Department: assignment of enlisted members as custodians of buildings in foreign countries. 

[5984. Repealed.] 

5985. Nautical Schools: detail of naval officers as superintendents or instructors. 

5986. Technical institutions: detail of naval officers to promote knowledge of 

naval engineering and naval architecture. 

[5987. Repealed.] 

CHAPTER 555—ADMINISTRATION 

Sec. 

6011. Navy Regulations. 

6012. Additional regulations for Marine Corps. 

6013. Enlisted grades and ratings: authority to establish. 

6014. Enlisted members: authority for transfer between Marine Corps and Hospital Corps of the Navy. 

[6015 to 6018. Repealed.] 

6019. Citizenship of officers of vessels. 

[6020. Repealed.] 

6021. Aviation duties: number of personnel assigned. 

6022. Aviation training facilities. 

[6023. Repealed.] 

6024. Aviation designations: naval flight officer. 

[6025, 6026. Repealed.] 

6027. Medical Department: composition. 

[6028. Repealed.] 

6029. Dental services: responsibilities of senior dental officer. 

[6030. Repealed.] 

6031. Chaplains: divine services. 

6032. Indebtedness to Marine Corps Exchanges: payment from appropriated 

funds in certain cases. 

[6033, 6034. Repealed.] 

6035. Female members: congressional review period for assignment to duty on 

submarines or for reconfiguration of submarines. 

6036. Fatality reviews. 

CHAPTER 557—RATIONS 

Sec. 

6081. Navy ration: persons entitled to. 

6082. Rations. 

6083. Fixing cost on certain vessels and stations. 
lxxiii TABLE OF SECTIONS OF TITLE 10 [volume III] 

6084. Enlisted members assigned to mess: basic allowance for subsistence paid 

to mess. 

6085. Flight rations. 

6086. Subsistence in hospital messes: hospital ration. 

6087. Sale of meals by general messes. 

CHAPTER 559—MISCELLANEOUS PROHIBITIONS AND PENALTIES 

Sec. 

[6111, 6112. Repealed.] 

6113. Loans: Supply Corps officers. 

[6114 to 6116. Repealed.] 

CHAPTER 561—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

6141. Presentation of United States flag upon retirement. 

[6142 to 6150. Repealed.] 

6151. Higher retired grade and pay for members who serve satisfactorily under 

temporary appointments. 

6152. Emergency shore duty: advance of funds. 

6153. Shore patrol duty: payment of expenses. 

6154. Mileage books: commutation tickets. 

6155. Uniforms, accouterments, and equipment: sale at cost. 

6156. Uniform: sale to former members of the naval service. 

[6157 to 6159. Repealed.] 

6160. Pension to persons serving ten years. 

6161. Settlement of accounts: remission or cancellation of indebtedness of members. 

CHAPTER 563—HOSPITALIZATION AND MEDICAL CARE 

Sec. 

6201. Members of the naval service in other United States hospitals. 

6202. Insane members of the naval service. 

6203. Emergency medical treatment: reimbursement for expense. 

CHAPTER 565—BANDS 

Sec. 

6221. United States Navy Band; officer in charge. 

6222. United States Marine Band; United States Marine Drum and Bugle Corps: 

composition; appointment and promotion of members. 

[6224. Repealed.] 

CHAPTER 567—DECORATIONS AND AWARDS 

Sec. 

6241. Medal of honor. 

6242. Navy cross. 

6243. Distinguished-service medal. 

6244. Silver star medal. 

6245. Distinguished flying cross. 

6246. Navy and Marine Corps Medal. 

6247. Additional awards. 

6248. Limitations of time. 

6249. Limitation of honorable service. 

6250. Posthumous awards. 

6251. Delegation of power to award. 

6252. Regulations. 

6253. Replacement. 

6254. Availability of appropriations. 

6255. Commemorative or special medals: facsimiles and ribbons. 

6256. Medal of honor: duplicate medal. 

6257. Medal of honor: presentation of Medal of Honor Flag. 

6258. Korea Defense Service Medal. 

CHAPTER 569—DISCHARGE OF ENLISTED MEMBERS 

Sec. 

[6291. Repealed.] 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxiv 

6292. Minors enlisted upon false statement of age. 

[6293 to 6298. Repealed.] 

CHAPTER 571—VOLUNTARY RETIREMENT 

Sec. 

6321. Officers: 40 years. 

6322. Officers: 30 years. 

6323. Officers: 20 years. 

6324. Officers: creditable service. 

6325. Officers: retired grade and pay. 

6326. Enlisted members: 30 years. 

6327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay. 

6328. Computation of years of service: voluntary retirement. 

6329. Officers not to be retired for misconduct. 

6330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay. 

6331. Members of the Fleet Reserve and Fleet Marine Corps Reserve: transfer 

to the retired list; retired pay. 

6332. Conclusiveness of transfers. 

6333. Computation of retired and retainer pay. 

6334. Higher grade after 30 years of service: warrant officers and enlisted members. 

6335. Restoration to former grade: warrant officers and enlisted members. 

6336. Highest grade held satisfactorily: Reserve enlisted members reduced in 

grade not as a result of the member’s misconduct. 

CHAPTER 573—INVOLUNTARY RETIREMENT, SEPARATION, AND 

FURLOUGH 

Sec. 

6371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority. 

[6372 to 6382. Repealed.] 

6383. Regular Navy and Regular Marine Corps; officers designated for limited 

duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to 

prior status; retired grade; retired pay. 

[6384 to 6388. Repealed.] 

6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active 

status; computation of total commissioned service. 

[6390 to 6403. Repealed.] 

6404. Treatment of fractions of years of service in computing retired pay and 

separation pay. 

[6405 to 6407. Repealed.] 

6408. Navy and Marine Corps; warrant officers, W–1: limitation on dismissal. 

[6409, 6410. Repealed.] 

CHAPTER 575—RECALL TO ACTIVE DUTY 

Sec. 

[6481, 6482. Repealed.] 

6483. Retired members: grade. 

6484. Promotion of retired members to higher enlisted grades: retention of grade 

upon release from active duty. 

6485. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority 

to recall. 

6486. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release 

from active duty. 

[6487, 6488. Repealed.] 

CHAPTER 577—DEATH BENEFITS; CARE OF THE DEAD 

Sec. 

[6521. Repealed.] 

6522. Disposition of effects. 
lxxv TABLE OF SECTIONS OF TITLE 10 [volume III] 

PART III—EDUCATION AND TRAINING 

CHAPTER 601—OFFICER PROCUREMENT PROGRAMS 

Sec. 

[6901 to 6910. Repealed.] 

6911. Aviation cadets: grade; procurement; transfer. 

6912. Aviation cadets: benefits. 

6913. Aviation cadets: appointment as reserve officers. 

[6914. Repealed.] 

6915. Reserve student aviation pilots; reserve aviation pilots: appointments in 

commissioned grade. 

CHAPTER 602—TRAINING GENERALLY 

Sec. 

6931. Recruit basic training; separate housing for male and female recruits. 

6932. Recruit basic training: privacy. 

CHAPTER 603—UNITED STATES NAVAL ACADEMY 

Sec. 

6951. Location. 

6951a. Superintendent. 

6952. Civilian teachers: number; compensation. 

6953. Midshipmen: appointment. 

6954. Midshipmen: number. 

6955. Midshipmen: allotment upon redistricting of Congressional Districts. 

6956. Midshipmen: nomination and selection to fill vacancies. 

6957. Selection of persons from foreign countries. 

6957a. Exchange program with foreign military academies. 

6957b. Foreign and cultural exchange activities. 

6958. Midshipmen: qualifications for admission. 

6959. Midshipmen: agreement for length of service. 

6960. Midshipmen: clothing and equipment; uniform allowance. 

6961. Midshipmen: dismissal for best interests of the service. 

6962. Midshipmen: discharge for unsatisfactory conduct or inaptitude. 

6963. Midshipmen: discharge for deficiency. 

6964. Hazing: definition; prohibition. 

6965. Failure to report violation: dismissal. 

6966. Course of study. 

6967. Degree on graduation. 

6968. Board of Visitors. 

6969. Band: composition. 

6970. Permanent professors: promotion. 

6970a. Permanent professors: retirement for years of service; authority for deferral. 

6971. Midshipmen’s store, trade shops, dairy, and laundry: nonappropriated fund 

instrumentality and accounts. 

6972. Chapel: crypt and window spaces. 

6973. Gifts, bequests, and loans of property: acceptance for benefit and use of 

Naval Academy. 

6974. United States Naval Academy Museum Fund: references to Fund. 

6975. Acceptance of guarantees with gifts for major projects. 

6976. Operation of Naval Academy dairy farm. 

6977. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees. 

6978. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds. 

6979. Midshipmen: charges and fees for attendance; limitation. 

6980. Policy on sexual harassment and sexual violence. 

CHAPTER 605—UNITED STATES NAVAL POSTGRADUATE SCHOOL 

Sec. 

7041. Function. 

7042. President; assistants. 

7043. Provost and Academic Dean. 

7044. Civilian teachers: number; compensation. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxvi 

7045. Officers of the other armed forces; enlisted members: admission. 

7046. Officers of foreign countries: admission. 

7047. Students at institutions of higher education: admission. 

7048. Degree granting authority for United States Naval Postgraduate School. 

7049. Defense industry civilians: admission to defense product development program. 

7050. Grants for faculty research for scientific, literary, and educational purposes: acceptance, authorized grantees. 

CHAPTER 607—RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING 

STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES 

NAVAL POSTGRADUATE SCHOOL 

Sec. 

7081. Civilian member: definition; exceptions. 

7082. Deferred annuity policy required. 

7083. Annuity premium to be paid by monthly installments; government reimbursement. 

7084. Age of retirement. 

7085. Computation of life annuity. 

7086. Physical disability retirement. 

7087. Election of annuity for self and beneficiary. 

7088. Regulations. 

CHAPTER 609—PROFESSIONAL MILITARY EDUCATION SCHOOLS 

Sec. 

7101. Degree granting authority for Naval War College. 

7102. Degree granting authority for Marine Corps University. 

7103. Naval War College: acceptance of grants for faculty research for scientific, 

literary, and educational purposes. 

7104. Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes. 

PART IV—GENERAL ADMINISTRATION 

CHAPTER 631—SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND 

DUTIES 

Sec. 

[7201 to 7203. Repealed.] 

7204. Schools near naval activities: financial aid. 

7205. Promotion of health and prevention of accidents. 

[7206. Repealed.] 

7207. Administration of liberated and occupied areas. 

[7208 to 7210. Repealed.] 

7211. Attendance at meetings of technical, professional, or scientific organizations. 

7212. Employment of outside architects and engineers. 

[7213. Repealed.] 

7214. Apprehension of deserters and prisoners; operation of shore patrols. 

[7215. Repealed.] 

7216. Collection, preservation, and display of captured flags. 

[7217, 7218. Repealed.] 

7219. Leases of waterfront property from States or municipalities. 

7220. Gifts for welfare of enlisted members. 

7221. Acceptance and care of gifts to vessels. 

7222. Naval Historical Center Fund: references to Fund. 

7223. Acquisition of land for radio stations and for other purposes. 

7224. Transportation on naval vessels during wartime. 

7225. Navy Reserve flag. 

7226. Navy Reserve yacht pennant. 

7227. Foreign naval vessels and aircraft: supplies and services. 

7228. Merchant vessels: supplies. 

7229. Purchase of fuel. 

[7230. Repealed.] 

7231. Accounting for expenditures for obtaining information. 

7233. Auxiliary vessels: extended lease authority. 

7234. Submarine safety programs: participation of NATO naval personnel. 
lxxvii TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 633—NAVAL VESSELS 

Sec. 

7291. Classification. 

7292. Naming. 

7293. Number in service in time of peace. 

7294. Suspension of construction in case of treaty. 

7295. Vessels: under-age. 

7296. Combatant surface vessels: notice before reduction in number; preservation of surge capability. 

7297. Changing category or type: limitations. 

[7298. Repealed.] 

7299. Contracts: applicability of chapter 65 of title 41. 

7299a. Construction of combatant and escort vessels and assignment of vessel 

projects. 

7300. Contracts for nuclear ships: sales of naval shipyard articles and services 

to private shipyards. 

[7301, 7302. Repealed.] 

7303. Model basin; investigation of hull designs. 

7304. Examination of vessels; striking of vessels from Naval Vessel Register. 

7305. Vessels stricken from Naval Vessel Register: sale. 

7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on 

net-cost basis. 

7306. Vessels stricken from Naval Vessel Register; captured vessels: transfer by 

gift or otherwise. 

7306a. Vessels stricken from Naval Vessel Register: use for experimental purposes. 

7306b. Vessels stricken from Naval Vessel Register: transfer by gift or otherwise 

for use as artificial reefs. 

7307. Disposals to foreign nations. 

7308. Chief of Naval Operations: certification required for disposal of combatant 

vessels. 

7309. Construction of vessels in foreign shipyards: prohibition. 

7310. Overhaul, repair, etc. of vessels in foreign shipyards: restrictions. 

7311. Repair or maintenance of naval vessels: handling of hazardous waste. 

7312. Service craft stricken from Naval Vessel Register; obsolete boats: use of 

proceeds from exchange or sale. 

7313. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work. 

7314. Overhaul of naval vessels: competition between public and private shipyards. 

7315. Preservation of Navy shipbuilding capability. 

7316. Support for transfers of decommissioned vessels and shipboard equipment. 

7317. Status of Government rights in the designs of vessels, boats, and craft, and 

components thereof. 

[CHAPTER 635—REPEALED] 

CHAPTER 637—SALVAGE FACILITIES 

Sec. 

7361. Authority to provide for necessary salvage facilities. 

7362. Acquisition and transfer of vessels and equipment. 

7363. Settlement of claims. 

7364. Disposition of receipts. 

CHAPTER 639—UNITED STATES NAVAL OBSERVATORY 

Sec. 

[7391 to 7394. Repealed.] 

7395. Naval Observatory: administration. 

7396. Naval Observatory: exchange of information with foreign offices. 

CHAPTER 641—NAVAL PETROLEUM RESERVES 

Sec. 

7420. Definitions. 

7421. Jurisdiction and control. 

7422. Administration. 

7423. Periodic re-examination of production requirements. 

7424. Protection of oil reserves; contracts for conservation. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxviii 

7425. Acquisition by condemnation and purchase. 

[7426. Repealed.] 

7427. Cooperative or unit plans in the naval petroleum reserves. 

7428. Agreements and leases: provision for change. 

7429. Re-lease of certain lands: lessee’s preferential right. 

7430. Disposition of products. 

7431. Requirements as to consultation and approval. 

7432. Authorizations of appropriations. 

7433. Disposition of royalties. 

[7434. Repealed.] 

7435. Foreign interest. 

7436. Regulations. 

7437. Violations by lessee. 

7438. Rifle, Colorado, plant; possession, use, and transfer of. 

7439. Certain oil shale reserves: transfer of jurisdiction and petroleum exploration, development, and production. 

CHAPTER 643—CIVILIAN EMPLOYEES 

Sec. 

[7471. Repealed.] 

7472. Physical examination: employees engaged in hazardous occupations. 

7473. Employment of aliens. 

[7474, 7475. Repealed.] 

7476. Administration of oaths by clerks and employees. 

7477. Transportation of dependents and household effects of civilian personnel 

stationed outside the United States: payment in lieu of transportation. 

7478. Naval War College and Marine Corps University: civilian faculty members. 

7479. Civil service mariners of Military Sealift Command: release of drug test 

results to Coast Guard. 

7480. Special agents of the Naval Criminal Investigative Service: authority to 

execute warrants and make arrests. 

CHAPTER 645—PROCUREMENT OF SUPPLIES AND SERVICES 

Sec. 

[7521. Repealed.] 

7522. Contracts for research. 

7523. Tolls and fares: payment or reimbursement. 

7524. Marine mammals: use for national defense purposes. 

CHAPTER 647—DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL 

Sec. 

7541. Obsolete and other material: gift or sale to Boy Scouts of America, Naval 

Sea Cadet Corps and Young Marines of the Marine Corps League. 

7541a. Uniform clothing: sale to Naval Sea Cadet Corps. 

7541b. Authority to make grants for purposes of Naval Sea Cadet Corps. 

7542. Excess clothing: sale for distribution to needy. 

7543. Useless ordnance material: disposition of proceeds on sale. 

7544. Devices and trophies: transfer to other agencies. 

7545. Obsolete material and articles of historical interest: loan or gift. 

7546. Loan or gift of articles to ships’ sponsors and donors. 

7547. Equipment for instruction in seamanship: loan to military schools. 

CHAPTER 649—QUARTERS, UTILITIES, AND SERVICES 

Sec. 

7571. Quarters or other accommodations: to whom furnished. 

7572. Quarters: accommodations in place of for members on sea duty. 

7573. Quarters: temporary; transient members. 

[7574, 7575. Repealed.] 

7576. Quarters: extension telephones. 

7577. Quarters: Nurse Corps officers; assignment in hospitals. 

[7578. Repealed.] 

7579. Officers’ messes and quarters: limitations on employment of enlisted members. 

7580. Heat and light for Young Men’s Christian Association buildings. 

7581. Marine Corps post laundries: disposition of receipts. 

7582. Naval and Marine Corps Historical Centers: fee for providing historical information to the public. 
lxxix TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 651—SHIPS’ STORES AND COMMISSARY STORES 

Sec. 

7601. Sales: members of the naval service and Coast Guard; widows and widowers; civilian employees and other persons. 

7602. Sales: members of Army and Air Force; prices. 

7603. Sales: veterans under treatment. 

7604. Ships’ stores: sale of goods and services. 

7605. Acceptance of Government checks outside the United States. 

7606. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices. 

CHAPTER 653—CLAIMS 

Sec. 

7621. Definitions. 

7622. Admiralty claims against the United States. 

7623. Admiralty claims by the United States. 

[7624, 7625. Repealed.] 

CHAPTER 655—PRIZE 

Sec. 

7651. Scope of chapter. 

7652. Jurisdiction. 

7653. Court in which proceedings brought. 

7654. Effect of failure to start proceedings. 

7655. Appointment of prize commissioners and special prize commissioners. 

7656. Duties of United States attorney. 

7657. Duties of commanding officer of capturing vessel. 

7658. Duties of prize master. 

7659. Libel and proceedings by United States attorney. 

7660. Duties of prize commissioners. 

7661. Interrogation of witnesses by prize commissioners. 

7662. Duties of marshal. 

7663. Prize property appropriated for the use of the United States. 

7664. Delivery of property on stipulation. 

7665. Sale of prize. 

7666. Mode of making sale. 

7667. Transfer of prize property to another district for sale. 

7668. Disposition of prize money. 

7669. Security for costs. 

7670. Costs and expenses a charge on prize property. 

7671. Payment of costs and expenses from prize fund. 

7672. Recaptures: award of salvage, costs, and expenses. 

7673. Allowance of expenses to marshals. 

7674. Payment of witness fees. 

7675. Commissions of auctioneers. 

7676. Compensation of prize commissioners and special prize commissioners. 

7677. Accounts of clerks of district courts. 

7678. Interfering with delivery, custody, or sale of prize property. 

7679. Powers of district court over prize property notwithstanding appeal. 

7680. Appeals and amendments in prize causes. 

7681. Reciprocal privileges to cobelligerent. 

CHAPTER 657—STAY OF JUDICIAL PROCEEDINGS 

Sec. 

7721. Scope of chapter. 

7722. Stay of suit. 

7723. Stay of proceedings for preserving evidence after stay of suit. 

7724. Stay of proceedings for taking evidence before suit is filed. 

7725. Stay extended or shortened. 

7726. Reconsideration of stay. 

7727. Duration of stay. 

7728. Restricted certificate. 

7729. Investigation before issue of certificate. 

7730. Evidence admissible when witness is not available. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxx 

CHAPTER 659—NAVAL MILITIA 

Sec. 

7851. Composition. 

7852. Appointment and enlistment in reserve components. 

7853. Release from Militia duty upon order to active duty in reserve components. 

7854. Availability of material for Naval Militia. 

CHAPTER 661—ACCOUNTABILITY AND RESPONSIBILITY 

Sec. 

7861. Custody of departmental records and property. 

7862. Accounts of paymasters of lost or captured naval vessels. 

7863. Disposal of public stores by order of commanding officer. 

CHAPTER 663—NAMES AND INSIGNIA 

Sec. 

7881. Unauthorized use of Marine Corps insignia. 

CHAPTER 665—NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM 

Sec. 

7901. National Oceanographic Partnership Program. 

7902. National Ocean Research Leadership Council. 

7903. Ocean Research Advisory Panel. 

CHAPTER 667—ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO 

ARMED FORCES 

Sec. 

7911. Arms, tentage, and equipment: educational institutions not maintaining 

units of R.O.T.C. 

7912. Rifles and ammunition for target practice: educational institutions having 

corps of midshipmen. 

7913. Supplies: military instruction camps. 

SUBTITLE D—AIR FORCE 

PART I—ORGANIZATION 

CHAPTER 801—DEFINITIONS 

[No present sections] 

CHAPTER 803—DEPARTMENT OF THE AIR FORCE 

Sec. 

8011. Organization. 

8012. Department of the Air Force: seal. 

8013. Secretary of the Air Force. 

8014. Office of the Secretary of the Air Force. 

8015. Under Secretary of the Air Force. 

8016. Assistant Secretaries of the Air Force. 

8017. Secretary of the Air Force: successors to duties. 

8018. Administrative Assistant. 

8019. General Counsel. 

8020. Inspector General. 

8021. Air Force Reserve Forces Policy Committee. 

8022. Financial management. 

8023. Chief of Legislative Liaison. 

8024. Director of Small Business Programs. 

CHAPTER 805—THE AIR STAFF 

Sec. 

8031. The Air Staff: function; composition. 

8032. The Air Staff: general duties. 

8033. Chief of Staff. 

8034. Vice Chief of Staff. 

8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff. 
lxxxi TABLE OF SECTIONS OF TITLE 10 [volume III] 

8036. Surgeon General: appointment; grade. 

8037. Judge Advocate General, Deputy Judge Advocate General: appointment; 

duties. 

8038. Office of Air Force Reserve: appointment of Chief. 

CHAPTER 807—THE AIR FORCE 

Sec. 

8061. Regulations. 

8062. Policy; composition; aircraft authorization. 

[8066. Repealed.] 

8067. Designation: officers to perform certain professional functions. 

8069. Air Force nurses: composition; Chief and assistant chief; appointment; 

grade. 

[8071. Repealed.] 

[8072. Renumbered.] 

8074. Commands: territorial organization. 

8075. Regular Air Force: composition. 

[8076 to 8080. Repealed.] 

8081. Assistant Surgeon General for Dental Services. 

8084. Officer career field for space. 

PART II—PERSONNEL 

CHAPTER 831—STRENGTH 

Sec. 

[8201 to 8209. Repealed.] 

8210. Regular Air Force: strength in grade; general officers. 

[8211 to 8230. Repealed.] 

CHAPTER 833—ENLISTMENTS 

Sec. 

8251. Definition. 

8252. Regular Air Force: gender-free basis for acceptance of original enlistments. 

[8253 to 8256. Repealed.] 

8257. Regular Air Force: aviation cadets; qualifications, grade, limitations. 

8258. Regular Air Force: reenlistment after service as an officer. 

[8259 to 8263. Repealed.] 

CHAPTER 835—APPOINTMENTS IN THE REGULAR AIR FORCE 

Sec. 

8281. Commissioned officer grades. 

[8284 to 8309. Repealed.] 

8310. Warrant officers: original appointment; qualifications. 

[8312 to 8314. Repealed.] 

[CHAPTER 837—REPEALED] 

CHAPTER 839—TEMPORARY APPOINTMENTS 

Sec. 

[8441 to 8445. Repealed.] 

8446. Retention on active duty. 

[8447 to 8452. Repealed.] 

CHAPTER 841—ACTIVE DUTY 

Sec. 

8491. Non-regular officers: status. 

[8492 to 8502. Repealed.] 

8503. Retired commissioned officers: status. 

[8504. Repealed.] 

CHAPTER 843—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND 

DUTIES 

Sec. 

[8531 to 8542. Repealed.] 

8543. Aides: detail; number authorized. 

[8544 to 8546. Repealed.] 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxxii 

8547. Duties: chaplains; assistance required of commanding officers. 

8548. Duties: warrant officers; limitations. 

[8549. Repealed.] 

CHAPTER 845—RANK AND COMMAND 

Sec. 

[8571. Repealed.] 

8572. Rank: commissioned officers serving under temporary appointments. 

[8573, 8574. Repealed.] 

8575. Rank: warrant officers. 

[8576 to 8578. Repealed.] 

8579. Command: commissioned officers in certain designated categories. 

[8580. Repealed.] 

8581. Command: chaplains. 

[8582. Repealed.] 

8583. Requirement of exemplary conduct. 

[CHAPTER 847—REPEALED] 

CHAPTER 849—MISCELLANEOUS PROHIBITIONS AND PENALTIES 

Sec. 

[8631 to 8638. Repealed.] 

8639. Enlisted members: officers not to use as servants. 

[CHAPTER 851—REPEALED] 

CHAPTER 853—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

8681. Presentation of United States flag upon retirement. 

[8682, 8683. Repealed.] 

8684. Service credit: regular enlisted members; service as an officer to be counted as enlisted service. 

[8685 to 8690. Repealed.] 

8691. Flying officer rating: qualifications. 

[8692, 8693. Repealed.] 

CHAPTER 855—HOSPITALIZATION 

Sec. 

[8721, 8722. Repealed.] 

8723. When Secretary may require. 

CHAPTER 857—DECORATIONS AND AWARDS 

Sec. 

8741. Medal of honor: award. 

8742. Air Force cross: award. 

8743. Distinguished-service medal: award. 

8744. Medal of honor; Air Force cross; distinguished-service medal: limitations 

on award. 

8745. Medal of honor; Air Force cross; distinguished-service medal: delegation of 

power to award. 

8746. Silver star: award. 

8747. Medal of honor; Air Force cross; distinguished-service cross; distinguishedservice medal; silver star: replacement. 

8748. Medal of honor; Air Force cross; distinguished-service cross; distinguishedservice medal; silver star: availability of appropriations. 

8749. Distinguished flying cross: award; limitations. 

8750. Airman’s Medal: award; limitations. 

8751. Service medals: issue; replacement; availability of appropriations. 

8752. Medals: posthumous award and presentation. 

8754. Medal of honor: duplicate medal. 

8755. Medal of honor: presentation of Medal of Honor Flag. 

8756. Korea Defense Service Medal. 
lxxxiii TABLE OF SECTIONS OF TITLE 10 [volume III] 

[CHAPTER 859—REPEALED] 

[CHAPTER 860—REPEALED] 

CHAPTER 861—SEPARATION FOR VARIOUS REASONS 

Sec. 

[8811 to 8816. Repealed.] 

8817. Aviation cadets: discharge. 

[8818 to 8820. Repealed.] 

[CHAPTER 863—REPEALED] 

[CHAPTER 865—REPEALED] 

CHAPTER 867—RETIREMENT FOR LENGTH OF SERVICE 

Sec. 

8911. Twenty years or more: regular or reserve commissioned officers. 

[8912, 8913. Repealed.] 

8914. Twenty to thirty years: enlisted members. 

[8915, 8916. Repealed.] 

8917. Thirty years or more: regular enlisted members. 

8918. Thirty years or more: regular commissioned officers. 

[8919. Repealed.] 

8920. More than thirty years: permanent professors and the Director of Admissions of the United States Air Force Academy. 

8921. Mandatory retirement: Superintendent of the United States Air Force 

Academy; waiver authority. 

[8922, 8923. Repealed.] 

8924. Forty years or more: Air Force officers. 

8925. Computation of years of service: voluntary retirement; enlisted members. 

8926. Computation of years of service: voluntary retirement; regular and reserve 

commissioned officers. 

[8927, 8928. Repealed.] 

8929. Computation of retired pay: law applicable. 

CHAPTER 869—RETIRED GRADE 

Sec. 

8961. General rule. 

8962. Higher grade for service in special positions. 

8963. Highest grade held satisfactorily: Reserve enlisted members reduced in 

grade not as a result of the member’s misconduct. 

8964. Higher grade after 30 years of service: warrant officers and enlisted members. 

8965. Restoration to former grade: retired warrant officers and enlisted members. 

8966. Retired lists. 

CHAPTER 871—COMPUTATION OF RETIRED PAY 

Sec. 

8991. Computation of retired pay. 

8992. Recomputation of retired pay to reflect advancement on retired list. 

CHAPTER 873—CIVILIAN EMPLOYEES 

Sec. 

9021. Air University: civilian faculty members. 

[9022, 9023. Repealed.] 

9025. Production of supplies and munitions: hours and pay of laborers and mechanics. 

9027. Civilian special agents of the Office of Special Investigations: authority to 

execute warrants and make arrests. 

CHAPTER 875—MISCELLANEOUS INVESTIGATION REQUIREMENTS AND 

OTHER DUTIES 

Sec. 

9061. Fatality reviews. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxxiv 

PART III—TRAINING 

CHAPTER 901—TRAINING GENERALLY 

Sec. 

9301. Members of Air Force: detail as students, observers, and investigators at 

educational institutions, industrial plants, and hospitals. 

9302. Enlisted members of Air Force: schools. 

9303. Aviation cadets and aviation students: schools. 

9304. Aviation students: detail of enlisted members of Air Force. 

9305. Civilian flying school instructors: instruction at Air Force training commands. 

9306. Service schools: leaves of absence for instructors. 

9314. Degree granting authority for United States Air Force Institute of Technology. 

9314a. United States Air Force Institute of Technology: admission of defense industry civilians. 

9315. Community College of the Air Force: associate degrees. 

[9316. Repealed.] 

9317. Degree granting authority for Air University. 

9319. Recruit basic training: separate housing for male and female recruits. 

9320. Recruit basic training: privacy. 

CHAPTER 903—UNITED STATES AIR FORCE ACADEMY 

Sec. 

9331. Establishment; Superintendent; faculty. 

9332. Departments and professors: titles. 

9333. Superintendent; faculty: appointment and detail. 

9333a. Superintendent: condition for detail to position. 

9334. Command and supervision. 

9335. Dean of the Faculty. 

9336. Permanent professors; director of admissions. 

9337. Chaplain. 

9338. Civilian faculty: number; compensation. 

9341. Faculty and other officers: leaves of absence. 

9341a. Cadets: appointment by the President. 

9342. Cadets: appointment; numbers, territorial distribution. 

9343. Cadets: appointment; to bring to full strength. 

9344. Selection of persons from foreign countries. 

9345. Exchange program with foreign military academies. 

9345a. Foreign and cultural exchange activities. 

9346. Cadets: requirements for admission. 

9347. Cadets; nominees: effect of redistricting of States. 

9348. Cadets: agreement to serve as officer. 

9349. Cadets: organization; service; instruction. 

9350. Cadets: clothing and equipment. 

9351. Cadets: deficiencies in conduct or studies; effect of failure on successor. 

9352. Cadets: hazing. 

9353. Cadets: degree and commission on graduation. 

9354. Buildings and grounds: buildings for religious worship. 

9355. Board of Visitors. 

9356. Acceptance of guarantees with gifts for major projects. 

9357. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees. 

9359. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds. 

9360. Cadets: charges and fees for attendance; limitation. 

9361. Policy on sexual harassment and sexual violence. 

9362. Support of athletic programs. 

CHAPTER 905—AVIATION LEADERSHIP PROGRAM 

Sec. 

9381. Establishment of program. 

9382. Supplies and clothing. 

9383. Allowances. 
lxxxv TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 907—SCHOOLS AND CAMPS 

Sec. 

9411. Establishment: purpose. 

9412. Operation. 

9413. Transportation and subsistence during travel. 

9414. Quartermaster and ordnance property: sales. 

9415. Inter-American Air Forces Academy. 

9417. Air War College: acceptance of grants for faculty research for scientific, literary, and educational purposes. 

CHAPTER 909—CIVIL AIR PATROL 

Sec. 

9441. Status as federally chartered corporation; purposes. 

9442. Status as volunteer civilian auxiliary of the Air Force. 

9443. Activities performed as federally chartered nonprofit corporation. 

9444. Activities performed as auxiliary of the Air Force. 

9445. Funds appropriated for the Civil Air Patrol. 

9446. Miscellaneous personnel authorities. 

9447. Board of Governors. 

9448. Regulations. 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

CHAPTER 931—CIVIL RESERVE AIR FLEET 

Sec. 

9511. Definitions. 

9512. Contracts for the inclusion or incorporation of defense features. 

9513. Use of military installations by Civil Reserve Air Fleet contractors. 

9514. Indemnification of Department of Transportation for losses covered by 

defense-related aviation insurance. 

9515. Charter air transportation services: minimum annual purchase amount for 

carriers participating in Civil Reserve Air Fleet. 

CHAPTER 933—PROCUREMENT 

Sec. 

[9531. Repealed.] 

9532. Factories, arsenals, and depots: manufacture at. 

[9534, 9535. Repealed.] 

9536. Equipment: bakeries, schools, kitchens, and mess halls. 

[9537, 9538. Repealed.] 

9540. Architectural and engineering services. 

[9541. Repealed.] 

CHAPTER 935—ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES 

Sec. 

9561. Rations. 

9562. Clothing. 

9563. Clothing: replacement when destroyed to prevent contagion. 

9564. Navy and Marine Corps: camp equipment and transportation; when on 

shore duty with Air Force. 

9565. Colors, standards, and guidons of demobilized organizations: disposition. 

CHAPTER 937—UTILITIES AND SERVICES 

Sec. 

9591. Utilities: proceeds from overseas operations. 

9592. Radiograms and telegrams: forwarding charges due connecting commercial 

facilities. 

9593. Quarters: heat and light. 

9594. Air Force Military History Institute: fee for providing historical information to the public. 

CHAPTER 939—SALE OF SERVICEABLE MATERIAL 

Sec. 

9621. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxxvi 

9622. Rations: commissioned officers in field. 

[9623. Repealed.] 

9624. Medical supplies: civilian employees of the Air Force; American National 

Red Cross; Armed Forces Retirement Home. 

9625. Ordnance property: officers of armed forces; civilian employees of Air 

Force; American National Red Cross; educational institutions; homes 

for veterans’ orphans. 

9626. Aircraft supplies and services: foreign military or other state aircraft. 

9627. Supplies: educational institutions. 

9628. Airplane parts and accessories: civilian flying schools. 

9629. Proceeds: disposition. 

CHAPTER 941—ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO 

ARMED FORCES 

Sec. 

9651. Arms, tentage, and equipment: educational institutions not maintaining 

units of A.F.R.O.T.C. 

9652. Rifles and ammunition for target practice: educational institutions having 

corps of cadets. 

9653. Ordnance and ordnance stores: District of Columbia high schools. 

9654. Supplies: military instruction camps. 

9655. Arms and ammunition: agencies and departments of United States. 

9656. Aircraft and equipment: civilian aviation schools. 

CHAPTER 943—DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL 

Sec. 

9681. Surplus war material: sale to States and foreign governments. 

9682. Obsolete or excess material: sale to National Council of Boy Scouts of 

America. 

9684. Surplus obsolete ordnance: sale to patriotic organizations. 

9685. Obsolete ordnance: loan to educational institutions and State soldiers’ and 

sailors’ orphans’ homes. 

9686. Obsolete ordnance: gift to State homes for soldiers and sailors. 

CHAPTER 945—DISPOSITION OF EFFECTS OF DECEASED PERSONS 

Sec. 

[9711. Repealed.] 

9712. Disposition of effects of deceased persons by summary court-martial. 

[9713. Repealed.] 

CHAPTER 947—TRANSPORTATION 

Sec. 

[9741 to 9748. Repealed.] 

CHAPTER 949—REAL PROPERTY 

Sec. 

9771. Acceptance of donations: land for mobilization, training, supply base, or 

aviation field. 

[9772. Repealed.] 

9773. Acquisition and construction: air bases and depots. 

[9774, 9775. Repealed.] 

9776. Emergency construction: fortifications. 

9777. Permits: military reservations; landing ferries, erecting bridges, driving 

livestock. 

9778. Licenses: military reservations; erection and use of buildings; Young Men’s 

Christian Association. 

9779. Use of public property. 

9780. Acquisition of buildings in District of Columbia. 

9781. Disposition of real property at missile sites. 

9782. Maintenance and repair of real property. 

9783. Johnston Atoll: reimbursement for support provided to civil air carriers. 

CHAPTER 951—MILITARY CLAIMS 

Sec. 

9801. Definition. 

9802. Admiralty claims against the United States. 
lxxxvii TABLE OF SECTIONS OF TITLE 10 [volume III] 

9803. Admiralty claims by United States. 

9804. Salvage claims by United States. 

[9805. Repealed.] 

9806. Settlement or compromise: final and conclusive. 

CHAPTER 953—ACCOUNTABILITY AND RESPONSIBILITY 

Sec. 

9831. Custody of departmental records and property. 

[9832, 9833, 9835, 9836. Repealed.] 

9837. Settlement of accounts: remission or cancellation of indebtedness of members. 

9838. Settlement of accounts: affidavit of squadron commander. 

9839. Settlement of accounts: oaths. 

9840. Final settlement of officer’s accounts. 

9841. Payment of small amounts to public creditors. 

9842. Settlement of accounts of line officers. 

SUBTITLE E—RESERVE COMPONENTS 

PART I—ORGANIZATION AND ADMINISTRATION 

CHAPTER 1001—DEFINITIONS 

Sec. 

10001. Definition of State. 

CHAPTER 1003—RESERVE COMPONENTS GENERALLY 

Sec. 

10101. Reserve components named. 

10102. Purpose of reserve components. 

10103. Basic policy for order into Federal service. 

10104. Army Reserve: composition. 

10105. Army National Guard of the United States: composition. 

10106. Army National Guard: when a component of the Army. 

10107. Army National Guard of the United States: status when not in Federal 

service. 

10108. Navy Reserve: administration. 

10109. Marine Corps Reserve: administration. 

10110. Air Force Reserve: composition. 

10111. Air National Guard of the United States: composition. 

10112. Air National Guard: when a component of the Air Force. 

10113. Air National Guard of the United States: status when not in Federal 

service. 

10114. Coast Guard Reserve. 

CHAPTER 1005—ELEMENTS OF RESERVE COMPONENTS 

Sec. 

10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status 

of members; training categories. 

10142. Ready Reserve. 

10143. Ready Reserve: Selected Reserve. 

10144. Ready Reserve: Individual Ready Reserve. 

10145. Ready Reserve: placement in. 

10146. Ready Reserve: transfer from. 

10147. Ready Reserve: training requirements. 

10148. Ready Reserve: failure to satisfactorily perform prescribed training. 

10149. Ready Reserve: continuous screening. 

10150. Ready Reserve: transfer back from Standby Reserve. 

10151. Standby Reserve: composition. 

10152. Standby Reserve: inactive status list. 

10153. Standby Reserve: status of members. 

10154. Retired Reserve. 

CHAPTER 1006—RESERVE COMPONENT COMMANDS 

Sec. 

10171. United States Army Reserve Command. 
TABLE OF SECTIONS OF TITLE 10 [volume III] lxxxviii 

10172. Navy Reserve Force. 

10173. Marine Forces Reserve. 

10174. Air Force Reserve Command. 

CHAPTER 1007—ADMINISTRATION OF RESERVE COMPONENTS 

Sec. 

10201. Assistant Secretary of Defense for Reserve Affairs. 

10202. Regulations. 

10203. Reserve affairs: designation of general or flag officer of each armed force. 

10204. Personnel records. 

10205. Members of Ready Reserve: requirement of notification of change of status. 

10206. Members: physical examinations. 

10207. Mobilization forces: maintenance. 

10208. Annual mobilization exercise. 

10209. Regular and reserve components: discrimination prohibited. 

10210. Dissemination of information. 

10211. Policies and regulations: participation of Reserve officers in preparation 

and administration. 

10212. Gratuitous services of officers: authority to accept. 

10213. Reserve components: dual membership prohibited. 

10214. Adjutants general and assistant adjutants general: reference to other officers of National Guard. 

10215. Officers of Army National Guard of the United States and Air National 

Guard of the United States: authority with respect to Federal status. 

10216. Military technicians (dual status). 

10217. Non-dual status technicians. 

10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws. 

CHAPTER 1009—RESERVE FORCES POLICY BOARDS AND COMMITTEES 

Sec. 

10301. Reserve Forces Policy Board. 

10302. Army Reserve Forces Policy Committee. 

10303. Navy Reserve Policy Board. 

10304. Marine Corps Reserve Policy Board. 

10305. Air Force Reserve Forces Policy Committee. 

CHAPTER 1011—NATIONAL GUARD BUREAU 

Sec. 

10501. National Guard Bureau. 

10502. Chief of the National Guard Bureau: appointment; adviser on National 

Guard matters; grade; succession. 

10503. Functions of National Guard Bureau: charter. 

10504. Chief of National Guard Bureau: annual report. 

10505. Director of the Joint Staff of the National Guard Bureau. 

10506. Other senior National Guard Bureau officers. 

10507. National Guard Bureau: assignment of officers of regular or reserve components. 

10508. National Guard Bureau: general provisions. 

CHAPTER 1013—BUDGET INFORMATION AND ANNUAL REPORTS TO 

CONGRESS 

Sec. 

10541. National Guard and reserve component equipment: annual report to 

Congress. 

10542. Army National Guard combat readiness: annual report. 

10543. National Guard and reserve component equipment procurement and military construction funding: inclusion in future-years defense program. 

PART II—PERSONNEL GENERALLY 

CHAPTER 1201—AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE 

Sec. 

12001. Authorized strengths: reserve components. 
lxxxix TABLE OF SECTIONS OF TITLE 10 [volume III] 

12002. Authorized strengths: Army and Air Force reserve components, exclusive 

of members on active duty. 

12003. Authorized strengths: commissioned officers in an active status. 

12004. Strength in grade: reserve general and flag officers in an active status. 

12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status. 

12006. Strength limitations: authority to waive in time of war or national emergency. 

12007. Reserve officers of the Army: distribution. 

12008. Army Reserve and Air Force Reserve: warrant officers. 

12009. Army and Air Force reserve components: temporary increases. 

12010. Computations for Navy Reserve and Marine Corps Reserve: rule when 

fraction occurs in final result. 

12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National 

Guard. 

12012. Authorized strengths: senior enlisted members on active duty or on fulltime National Guard duty for administration of the reserves or the National Guard. 

CHAPTER 1203—ENLISTED MEMBERS 

Sec. 

12101. Definition. 

12102. Reserve components: qualifications. 

12103. Reserve components: terms. 

12104. Reserve components: transfers. 

12105. Army Reserve and Air Force Reserve: transfer from Guard components. 

12106. Army and Air Force Reserve: transfer to upon withdrawal as member of 

National Guard. 

12107. Army National Guard of United States; Air National Guard of the United 

States: enlistment in. 

12108. Enlisted members: discharge or retirement for years of service or for age. 

CHAPTER 1205—APPOINTMENT OF RESERVE OFFICERS 

Sec. 

12201. Reserve officers: qualifications for appointment. 

12202. Commissioned officer grades. 

12203. Commissioned officers: appointment, how made; term. 

12204. Commissioned officers: original appointment; limitation. 

12205. Commissioned officers: appointment; educational requirement. 

12206. Commissioned officers: appointment of former commissioned officers. 

12207. Commissioned officers: service credit upon original appointment. 

12208. Officers: appointment upon transfer. 

12209. Officer candidates: enlisted Reserves. 

12210. Attending Physician to the Congress: reserve grade. 

12211. Officers: Army National Guard of the United States. 

12212. Officers: Air National Guard of the United States. 

12213. Officers; Army Reserve: transfer from Army National Guard of the 

United States. 

12214. Officers; Air Force Reserve: transfer from Air National Guard of the 

United States. 

12215. Commissioned officers: reserve grade of adjutants general and assistant 

adjutants general. 

CHAPTER 1207—WARRANT OFFICERS 

Sec. 

12241. Warrant officers: grades; appointment, how made; term. 

12242. Warrant officers: promotion. 

12243. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. 

12244. Warrant officers: discharge or retirement for years of service or for age. 

CHAPTER 1209—ACTIVE DUTY 

Sec. 

12301. Reserve components generally. 

12302. Ready Reserve. 
TABLE OF SECTIONS OF TITLE 10 [volume III] xc 

12303. Ready Reserve: members not assigned to, or participating satisfactorily 

in, units. 

12304. Selected Reserve and certain Individual Ready Reserve members; order 

to active duty other than during war or national emergency. 

12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation. 

12306. Standby Reserve. 

12307. Retired Reserve. 

12308. Retention after becoming qualified for retired pay. 

12309. Reserve officers: use of in expansion of armed forces. 

12310. Reserves: for organizing, administering, etc., reserve components. 

12311. Active duty agreements. 

12312. Active duty agreements: release from duty. 

12313. Reserves: release from active duty. 

12314. Reserves: kinds of duty. 

12315. Reserves: duty with or without pay. 

12316. Payment of certain Reserves while on duty. 

12317. Reserves: theological students; limitations. 

12318. Reserves on active duty: duties; funding. 

12319. Ready Reserve: muster duty. 

12320. Reserve officers: grade in which ordered to active duty. 

12321. Reserve Officer Training Corps units: limitation on number of Reserves 

assigned. 

12322. Active duty for health care. 

CHAPTER 1211—NATIONAL GUARD MEMBERS IN FEDERAL SERVICE 

Sec. 

12401. Army and Air National Guard of the United States: status. 

12402. Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau. 

12403. Army and Air National Guard of the United States: members; status in 

which ordered into Federal service. 

12404. Army and Air National Guard of the United States: mobilization; maintenance of organization. 

12405. National Guard in Federal service: status. 

12406. National Guard in Federal service: call. 

12407. National Guard in Federal service: period of service; apportionment. 

12408. National Guard in Federal service: physical examination. 

CHAPTER 1213—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND 

DUTIES 

Sec. 

12501. Reserve components: detail of members of regular and reserve components to assist. 

12502. Chief and assistant chief of staff of National Guard divisions and wings 

in Federal service: detail. 

12503. Ready Reserve: funeral honors duty. 

[12505. Repealed.] 

CHAPTER 1214—READY RESERVE MOBILIZATION INCOME INSURANCE 

Sec. 

12521. Definitions. 

12522. Establishment of insurance program. 

12523. Risk insured. 

12524. Enrollment and election of benefits. 

12525. Benefit amounts. 

12526. Premiums. 

12527. Payment of premiums. 

12528. Reserve Mobilization Income Insurance Fund. 

12529. Board of Actuaries. 

12530. Payment of benefits. 

12531. Purchase of insurance. 

12532. Termination for nonpayment of premiums; forfeiture. 

12533. Termination of program. 
xci TABLE OF SECTIONS OF TITLE 10 [volume III] 

CHAPTER 1215—MISCELLANEOUS PROHIBITIONS AND PENALTIES 

Sec. 

[12551. Repealed.] 

12552. Funeral honors functions at funerals for veterans. 

CHAPTER 1217—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

12601. Compensation: Reserve on active duty accepting from any person. 

12602. Members of Army National Guard of United States and Air National 

Guard of United States: credit for service as members of National 

Guard. 

12603. Attendance at inactive-duty training assemblies: commercial travel at 

Federal supply schedule rates. 

12604. Billeting in Department of Defense facilities: Reserves attending inactiveduty training. 

12605. Presentation of United States flag: members transferred from an active 

status or discharged after completion of eligibility for retired pay. 

CHAPTER 1219—STANDARDS AND PROCEDURES FOR RETENTION AND 

PROMOTION 

Sec. 

12641. Standards and procedures: Secretary to prescribe. 

12642. Standards and qualifications: result of failure to comply with. 

12643. Boards for appointment, promotion, and certain other purposes: composition. 

12644. Members physically not qualified for active duty: discharge or transfer to 

retired status. 

12645. Commissioned officers: retention until completion of required service. 

12646. Commissioned officers: retention of after completing 18 or more, but less 

than 20, years of service. 

12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and fiscal officers. 

CHAPTER 1221—SEPARATION 

Sec. 

12681. Reserves: discharge authority. 

12682. Reserves: discharge upon becoming ordained minister of religion. 

12683. Reserve officers: limitation on involuntary separation. 

12684. Reserves: separation for absence without authority or sentence to imprisonment. 

12685. Reserves separated for cause: character of discharge. 

12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty. 

12687. Reserves under confinement by sentence of court-martial: separation 

after six months confinement. 

CHAPTER 1223—RETIRED PAY FOR NON-REGULAR SERVICE 

Sec. 

12731. Age and service requirements. 

12731a. Temporary special retirement qualification authority. 

12731b. Special rule for members with physical disabilities not incurred in line 

of duty. 

12732. Entitlement to retired pay: computation of years of service. 

12733. Computation of retired pay: computation of years of service. 

12734. Time not creditable toward years of service. 

12735. Inactive status list. 

12736. Service credited for retired pay benefits not excluded for other benefits. 

12737. Limitation on active duty. 

12738. Limitations on revocation of retired pay. 

12739. Computation of retired pay. 

12740. Eligibility: denial upon certain punitive discharges or dismissals. 

12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement. 
TABLE OF SECTIONS OF TITLE 10 [volume III] xcii 

CHAPTER 1225—RETIRED GRADE 

Sec. 

12771. Reserve officers: grade on transfer to Retired Reserve. 

12772. Reserve commissioned officers who have served as Attending Physician 

to the Congress: grade on transfer to Retired Reserve. 

12773. Limitation on accrual of increased pay or benefits. 

12774. Retired lists. 

PART III—PROMOTION AND RETENTION OF OFFICERS ON 

THE RESERVE ACTIVE-STATUS LIST 

CHAPTER 1401—APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS 

Sec. 

14001. Applicability of this part. 

14002. Reserve active-status lists: requirement for each armed force. 

14003. Reserve active-status lists: position of officers on the list. 

14004. Reserve active-status lists: eligibility for Reserve promotion. 

14005. Competitive categories. 

14006. Determination of years in grade. 

CHAPTER 1403—SELECTION BOARDS 

Sec. 

14101. Convening of selection boards. 

14102. Selection boards: appointment and composition. 

14103. Oath of members. 

14104. Nondisclosure of board proceedings. 

14105. Notice of convening of promotion board. 

14106. Communication with board by officers under consideration. 

14107. Information furnished by the Secretary concerned to promotion boards. 

14108. Recommendations by promotion boards. 

14109. Reports of promotion boards: in general. 

14110. Reports of promotion boards: review by Secretary. 

14111. Reports of selection boards: transmittal to President. 

14112. Dissemination of names of officers selected. 

CHAPTER 1405—PROMOTIONS 

Sec. 

14301. Eligibility for consideration for promotion: general rules. 

14302. Promotion zones. 

14303. Eligibility for consideration for promotion: minimum years of service in 

grade. 

14304. Eligibility for consideration for promotion: maximum years of service in 

grade. 

14305. Establishment of promotion zones: mandatory consideration for promotion. 

14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve running mate system. 

14307. Number of officers to be recommended for promotion. 

14308. Promotions: how made. 

14309. Acceptance of promotion; oath of office. 

14310. Removal of officers from a list of officers recommended for promotion. 

14311. Delay of promotion: involuntary. 

14312. Delay of promotion: voluntary. 

14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half). 

14314. Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general. 

14315. Position vacancy promotions: Army and Air Force officers. 

14316. Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion. 

14317. Officers in transition to and from the active-status list or active-duty list. 

CHAPTER 1407—FAILURE OF SELECTION FOR PROMOTION AND 

INVOLUNTARY SEPARATION 

Sec. 

14501. Failure of selection for promotion. 
xciii TABLE OF SECTIONS OF TITLE 10 [volume III] 

14502. Special selection boards: correction of errors. 

14503. Discharge of officers with less than six years of commissioned service or 

found not qualified for promotion to first lieutenant or lieutenant (junior grade). 

14504. Effect of failure of selection for promotion: reserve first lieutenants of the 

Army, Air Force, and Marine Corps and reserve lieutenants (junior 

grade) of the Navy. 

14505. Effect of failure of selection for promotion: reserve captains of the Army, 

Air Force, and Marine Corps and reserve lieutenants of the Navy. 

14506. Effect of failure of selection for promotion: reserve majors of the Army, 

Air Force, and Marine Corps reserve and lieutenant commanders of the 

Navy. 

14507. Removal from the reserve active-status list for years of service: reserve 

lieutenant colonels and colonels of the Army, Air Force, and Marine 

Corps and reserve commanders and captains of the Navy. 

14508. Removal from the reserve active-status list for years of service: reserve 

general and flag officers. 

14509. Separation at age 62: reserve officers in grades below brigadier general 

or rear admiral (lower half). 

14510. Separation at age 62: brigadier generals and rear admirals (lower half). 

14511. Separation at age 64: officers in grade of major general or rear admiral 

and above. 

14512. Separation at age 66: officers holding certain offices. 

14513. Failure of selection for promotion: transfer, retirement, or discharge. 

14514. Discharge or retirement for years of service or after selection for early removal. 

14515. Discharge or retirement for age. 

14516. Separation to be considered involuntary. 

14517. Entitlement of officers discharged under this chapter to separation pay. 

14518. Continuation of officers to complete disciplinary action. 

14519. Deferment of retirement or separation for medical reasons. 

CHAPTER 1409—CONTINUATION OF OFFICERS ON THE RESERVE ACTIVESTATUS LIST AND SELECTIVE EARLY REMOVAL 

Sec. 

14701. Selection of officers for continuation on the reserve active-status list. 

14702. Retention on reserve active-status list of certain officers in the grade of 

major, lieutenant colonel, colonel, or brigadier general. 

14703. Authority to retain chaplains and officers in medical specialties until 

specified age. 

14704. Selective early removal from the reserve active-status list. 

14705. Selective early retirement: reserve general and flag officers of the Navy 

and Marine Corps. 

14706. Computation of total years of service. 

CHAPTER 1411—ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY 

SEPARATION 

Sec. 

14901. Separation of chaplains for loss of professional qualifications. 

14902. Separation for substandard performance and for certain other reasons. 

14903. Boards of inquiry. 

14904. Rights and procedures. 

14905. Officer considered for removal: retirement or discharge. 

14906. Officers eligible to serve on boards. 

14907. Army National Guard of the United States and Air National Guard of the 

United States: discharge and withdrawal of Federal recognition of officers absent without leave. 
TABLE OF SECTIONS OF TITLE 10 [volume III] xciv 

PART IV—TRAINING FOR RESERVE COMPONENTS AND 

EDUCATIONAL ASSISTANCE PROGRAMS 

CHAPTER 1601—TRAINING GENERALLY 

[No present sections] 

CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 

SELECTED RESERVE 

Sec. 

16131. Educational assistance program: establishment; amount. 

16131a. Accelerated payment of educational assistance. 

16132. Eligibility for educational assistance. 

16132a. Authority to transfer unused education benefits to family members. 

16133. Time limitation for use of entitlement. 

16134. Termination of assistance. 

16135. Failure to participate satisfactorily; penalties. 

16136. Administration of program. 

16137. Biennial report to Congress. 

CHAPTER 1607—EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 

MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN 

OTHER OPERATIONS 

Sec. 

16161. Purpose. 

16162a. Accelerated payment of educational assistance. 

16162. Educational assistance program. 

16163. Eligibility for educational assistance. 

16163a. Authority to transfer unused education benefits to family members. 

16164. Time limitation for use of entitlement. 

16165. Termination of assistance. 

16166. Administration of program. 

CHAPTER 1608—HEALTH PROFESSIONS STIPEND PROGRAM 

Sec. 

16201. Financial assistance: health-care professionals in reserve components. 

16202. Reserve service: required active duty for training. 

16203. Penalties and limitations. 

16204. Regulations. 

CHAPTER 1609—EDUCATION LOAN REPAYMENT PROGRAMS 

Sec. 

16301. Education loan repayment program: members of Selected Reserve. 

16302. Education loan repayment program: health professions officers serving in 

Selected Reserve with wartime critical medical skill shortages. 

16303. Loan repayment program: chaplains serving in the Selected Reserve. 

CHAPTER 1611—OTHER EDUCATIONAL ASSISTANCE PROGRAMS 

Sec. 

16401. Marine Corps Platoon Leaders Class: college tuition assistance program. 

PART V—SERVICE, SUPPLY, AND PROCUREMENT 

CHAPTER 1801—ISSUE OF SERVICEABLE MATERIAL TO RESERVE 

COMPONENTS 

[No present sections] 

CHAPTER 1803—FACILITIES FOR RESERVE COMPONENTS 

Sec. 

18231. Purpose. 

18232. Definitions. 

18233. Acquisition. 

18233a. Notice and wait requirements for certain projects. 

18233b. Authority to carry out small projects with operation and maintenance 

funds. 

18234. Location and use. 
xcv TABLE OF SECTIONS OF TITLE 10 [volume III] 

18235. Administration; other use permitted by Secretary. 

18236. Contributions to States; other use permitted by States. 

18237. Supervision of construction: compliance with State law. 

18238. Army National Guard of United States; Air National Guard of United 

States: limitation on relocation of units. 

18239. Waiver of certain restrictions. 

18240. Acquisition of facilities by exchange. 

CHAPTER 1805—MISCELLANEOUS PROVISIONS 

Sec. 

18501. Reserve components: personnel and logistic support by military departments. 

18502. Reserve components: supplies, services, and facilities. 

18505. Reserves traveling for inactive-duty training: space-required travel on 

military aircraft. 

[18506. Repealed.] 

xcvii 

The Reserve Officer Personnel Management Act (ROPMA) 

(title XVI of Public Law 103–337, enacted October 5, 1994) 

consolidated in a new subtitle E at the end of title 10, 

United States Code, the provisions of title 10 relating to Reserve Components. 

The following two tables show (1) by previous title 10 section number, the disposition into subtitle E of those sections 

of title 10 that were consolidated into the new subtitle, and 

(2) by subtitle E section number, the source of each section 

of the new subtitle from the previous sections of title 10. 

Dispositions of Title 10 Sections Made by ROPMA 

Reorganization 

Table #1 shows the disposition made by ROPMA of previous sections of title 10, United States Code, that were (A) repealed, (B) repealed and reenacted in subtitle E without substantive revision, or 

(C) transferred to subtitle E. 

ROPMA Cross-Reference Table #1 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

[Subtitle A sections] 

CH. 2: 

115b ....................... 10541 .......................... TR 

CH. 7: 

175 ......................... 10301 .......................... RR 

CH. 11: 

261(a) ..................... 10101 .......................... RR 

261(b) ..................... 10213 .......................... RR 

262 ......................... 10102 .......................... RR 

263 ......................... 10103 .......................... RR 

264(a) ..................... 10203 .......................... RR 

264(b) ..................... 18501 .......................... RR 

265 ......................... 10211 .......................... RR 

266 ......................... 12643 .......................... TR 

267 ......................... 10141(a), (b) ............... RR 

268(a) ..................... 10142 .......................... RR 

268(b), (c) ............... 10143 .......................... RR 

269(a)–(d) ............... 10145 .......................... RR 

269(e)–(g) ............... 10146 .......................... RR 

270(a) ..................... 10147 .......................... RR 

270(b), (c) ............... 10148 .......................... RR 
ROPMA CROSS-REFERENCE TABLES xcviii 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

271 ......................... 10149 .......................... RR 

272 ......................... 10150 .......................... RR 

273(a) ..................... 10151 .......................... RR 

273(b) ..................... 10152 .......................... RR 

273(c) ..................... 10153 .......................... RR 

274 ......................... 10154 .......................... RR 

275 ......................... 10204 .......................... RR 

276 ......................... 10207 .......................... RR 

277 ......................... 10209 .......................... RR 

278 ......................... 10210 .......................... RR 

279 ......................... 10212 .......................... RR 

280 ......................... 10202 .......................... RR 

281 ......................... 10214 .......................... RR 

CH. 31: 

510 ......................... 12102 .......................... TR 

511 ......................... 12103 .......................... TR 

512 ......................... 12104 .......................... TR 

517(b), (c) [part] .... 12012 .......................... RR 

CH. 32: 

524 ......................... 12011 .......................... TR 

CH. 34: 

591 ......................... 12201 .......................... TR 

592 ......................... 12202 .......................... TR 

593 ......................... 12203 .......................... TR 

594 ......................... 12204 .......................... TR 

595 ......................... 12208 .......................... TR 

596 ......................... 12205 .......................... TR 

597 ......................... 12241 .......................... TR 

598 ......................... 12242 .......................... TR 

599 ......................... 12243 .......................... TR 

600 ......................... 12209 .......................... TR 

600a ....................... 12210 .......................... TR 

CH. 36: 

644 ......................... 123 .............................. RR 

CH. 37: 

652 ......................... 10205 .......................... RR 

CH. 39: 

672 ......................... 12301 .......................... TR 

673 ......................... 12302 .......................... TR 

673a ....................... 12303 .......................... TR 

673b ....................... 12304 .......................... TR 

673c ........................ 12305 .......................... TR 

674 ......................... 12306 .......................... TR 

675 ......................... 12307 .......................... TR 

676 ......................... 12308 .......................... TR 

677 ......................... 12309 .......................... TR 

678 ......................... 12310 .......................... TR 

679 ......................... 12311 .......................... TR 
xcix ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

680 ......................... 12312 .......................... TR 

681 ......................... 12313 .......................... TR 

682 ......................... 12314 .......................... TR 

683 ......................... 12315 .......................... TR 

684 ......................... 12316 .......................... TR 

685 ......................... 12317 .......................... TR 

686 ......................... 12318 .......................... TR 

687 ......................... 12319 .......................... TR 

689 ......................... 12320 .......................... TR 

690 ......................... 12321 .......................... TR 

CH. 41: 

715 ......................... 12501 .......................... RR 

CH. 51: 

1001 ....................... 12641 .......................... TR 

1002 ....................... 12642 .......................... TR 

1003 ....................... [none] ......................... R

1004(a), (b) ............ 10206 .......................... RR 

1004(c) ................... 12644 .......................... TR 

1005 ....................... 12645 .......................... TR 

1006 ....................... 12646 .......................... TR 

1007 ....................... 12647 .......................... TR 

CH. 53: 

1033 ....................... 12601 .......................... RR 

CH. 59: 

1162(a) ................... 12681 .......................... RR 

1162(b) ................... 12682 .......................... RR 

1163(a) ................... 12683 .......................... RR 

1163(b) ................... 12684 .......................... RR 

1163(c) ................... 12685 .......................... RR 

1163(d) ................... 12686 .......................... RR 

CH. 67: 

1331 ....................... 12731 .......................... TR 

1331a ..................... 12731a ........................ TR 

1332 ....................... 12732 .......................... TR 

1333 ....................... 12733 .......................... TR 

1334 ....................... 12734 .......................... TR 

1335 ....................... 12735 .......................... TR 

1336 ....................... 12736 .......................... TR 

1337 ....................... 12737 .......................... TR 

1338 ....................... 12738 .......................... TR 

CH. 69: 

1374(a), (c) ............. [none] ......................... R

1374(b), (f) ............. 12771 .......................... RR 

1374(e) ................... 12772 .......................... RR 

1374(d) ................... 12773 .......................... RR 

1376(a) ................... 12774(a) ..................... RR 

CH. 71: 

1401 ....................... 12739 .......................... [amended] 
ROPMA CROSS-REFERENCE TABLES c 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

CH. 101: 

2001 ....................... 10141(c) ...................... RR 

CH. 105: 

2128(a)–(e) ............. 16201 .......................... TR 

2129 ....................... 16202 .......................... TR 

2130(a), (b) ............ 16203 .......................... TR 

2130(c) ................... 16204 .......................... RR 

CH. 106: 

2131 ....................... 16131 .......................... TR 

2132 ....................... 16132 .......................... TR 

2133 ....................... 16133 .......................... TR 

2134 ....................... 16134 .......................... TR 

2135 ....................... 16135 .......................... TR 

2136 ....................... 16136 .......................... TR 

2137 ....................... 16137 .......................... TR 

CH. 109: 

2171 ....................... 16301 .......................... [amended] 

2172 ....................... 16302 .......................... TR 

CH. 133: 

2231 ....................... 18231 .......................... TR 

2232 ....................... 18232 .......................... TR 

2233 ....................... 18233 .......................... TR 

2233a ..................... 18233a ........................ TR 

2234 ....................... 18234 .......................... TR 

2235 ....................... 18235 .......................... TR 

2236 ....................... 18236 .......................... TR 

2237 ....................... 18237 .......................... TR 

2238 ....................... 18238 .......................... TR 

2239 ....................... 18239 .......................... TR 

CH. 152: 

2540 ....................... 18502 .......................... RR 

[Subtitle B sections] 

CH. 303: 

3021 ....................... 10302 .......................... TR 

CH. 307: 

3076 ....................... 10104 .......................... RR 

3077 ....................... 10105 .......................... RR 

3078 ....................... 10106 .......................... RR 

3079 ....................... 10107 .......................... RR 

3080 ....................... 10215 .......................... RR 

3082 ....................... 10542 .......................... TR 

CH. 331: 

3212 ....................... 12009 .......................... RR 

3217 ....................... 12003 .......................... RR 

3218 ....................... 12004 .......................... RR 

3219 ....................... 12005 .......................... RR 

3220 ....................... 12007 .......................... RR 
ci ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

3221 ....................... 12001 .......................... RR 

3222 ....................... 12002 .......................... RR 

3223 ....................... 12008 .......................... RR 

3224 ....................... 12001 .......................... RR 

3225 ....................... 12002 .......................... RR 

CH. 333: 

3259 ....................... 12105 .......................... RR 

3260 ....................... 12106 .......................... RR 

3261 ....................... 12107 .......................... RR 

CH. 337: 

3351 ....................... 12211 .......................... TR 

3352 ....................... 12213 .......................... TR 

3353 ....................... 12207 .......................... R

3354–70 ................. CH. 1401–1411 .......... R

3371 ....................... [none] ......................... RR 

3375 ....................... 14314(a) ..................... RR 

3378 ....................... [none] ......................... R

3380 ....................... 14311(e) ...................... RR 

3382 ....................... [none] ......................... R

3383 ....................... [none] ......................... R

3384 ....................... 14315 .......................... RR 

3385 ....................... 14308(f) ...................... RR 

3386 ....................... [none] ......................... R

3388 ....................... [none] ......................... R

3389 ....................... [none] ......................... R

3390 ....................... [none] ......................... R

3392 ....................... 12215 .......................... RR 

3393 ....................... [none] ......................... R

3394 ....................... [none] ......................... R

3395 ....................... [none] ......................... R

3396 ....................... [none] ......................... R

CH. 341: 

3495 ....................... 12401 .......................... RR 

3496 ....................... 12402 .......................... RR 

3497 ....................... 12403 .......................... RR 

3498 ....................... 12404 .......................... RR 

3499 ....................... 12405 .......................... RR 

3500 ....................... 12406 .......................... RR 

3501 ....................... 12407 .......................... RR 

3502 ....................... 12408 .......................... RR 

CH. 343: 

3541 ....................... 10507 .......................... RR 

3542 ....................... 12502 .......................... RR 

CH. 353: 

3686 ....................... 12602 .......................... RR 

CH. 361: 

3819(a) ................... [none] ......................... R

3819(b) ................... 14403(a)(2) ................. RR 
ROPMA CROSS-REFERENCE TABLES cii 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

3820(a), (b) ............ 14907 .......................... RR 

3820(c) ................... [none] ......................... R

CH. 363: 

3843(a) ................... 14510 .......................... RR 

3843(b) ................... [none] ......................... R

3844 ....................... 14511 .......................... RR 

3845 ....................... 14512 .......................... RR 

3846 ....................... [none] ......................... R

3848 ....................... [none] ......................... R

3850 ....................... [none] ......................... R

3851 ....................... 14508(a) ..................... RR 

3852 ....................... 14508(b) ..................... RR 

3853 ....................... 14706 .......................... RR 

3854 ....................... [none] ......................... R

3855 ....................... 14703 .......................... RR 

[Subtitle C sections] 

CH. 519: 

5251(a), (b) ............ 10108 .......................... RR 

5251(c) ................... 10303 .......................... RR 

5252(a), (b) ............ 10109 .......................... RR 

5252(c) ................... 10304 .......................... RR 

CH. 531: 

5413 ....................... 12001 .......................... RR 

5414 ....................... 12003 .......................... RR 

CH. 533: 

5454 ....................... 12010 .......................... [nc] 

5456 ....................... 12001 .......................... RR 

5457(a) ................... 12004 .......................... RR 

5457(b)–(d) ............. 12005 .......................... RR 

5458(a) ................... 12004 .......................... RR 

5458(b)–(d) ............. 12005 .......................... RR 

CH. 535: 

5506 ....................... [none] ......................... R

CH. 541: 

5665 ....................... 14306 .......................... R

CH. 549: 

5891–5912 ............. CH. 1401–1411 .......... R

CH. 555: 

6017 ....................... 12774(b) ..................... RR 

6034 ....................... [none] ......................... R

CH. 573: 

6389(a)–(c) ............. [amended].

6389(d) ................... 14706 .......................... RR 

6389(e) ................... [none] ......................... R

6389(f)(1), (2) ......... 14508 .......................... RR 

6389(f)(3) ............... 14705 .......................... RR 

6389(g) ................... [none] ......................... R
ciii ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

6391(a) ................... [none] ......................... R

6391(b) ................... 14512(b) ..................... RR 

6391(c) ................... [none] ......................... R

6392 ....................... 14703 .......................... RR 

6397 ....................... [none] ......................... R

6403 ....................... [none] ......................... R

6410 ....................... 14705 .......................... RR 

[Subtitle D sections] 

CH. 803: 

8021 ....................... 10305 .......................... TR 

CH. 807: 

8076 ....................... 10110 .......................... RR 

8077 ....................... 10111 .......................... RR 

8078 ....................... 10112 .......................... RR 

8079 ....................... 10113 .......................... RR 

8080 ....................... 10215 .......................... RR 

CH. 831: 

8212 ....................... 12009 .......................... RR 

8217 ....................... 12003 .......................... RR 

8218 ....................... 12004 .......................... RR 

8219 ....................... 12005 .......................... RR 

8221 ....................... 12001 .......................... RR 

8222 ....................... 12002 .......................... RR 

8223 ....................... 12008 .......................... RR 

8224 ....................... 12001 .......................... RR 

8225 ....................... 12002 .......................... RR 

CH. 833: 

8259 ....................... 12105 .......................... RR 

8260 ....................... 12106 .......................... RR 

8261 ....................... 12107 .......................... RR 

CH. 837: 

8351 ....................... 12212 .......................... TR 

8352 ....................... 12214 .......................... TR 

8353 ....................... 12207 .......................... R

8354–72 ................. [Ch. 1401–1407] ........ R

8373 ....................... 14301(e), 14315 ......... RR 

8374 ....................... 14308(f) ...................... RR 

8375 ....................... 14314(a) ..................... RR 

8376 ....................... [none] ......................... R

8377 ....................... [none] ......................... R

8378 ....................... [none] ......................... R

8379 ....................... [none] ......................... R

8380 ....................... 14311(e) ...................... RR 

8381 ....................... 14314(b) ..................... RR 

8392 ....................... 12215 .......................... RR 

8393 ....................... [none] ......................... R

8394 ....................... [none] ......................... R
ROPMA CROSS-REFERENCE TABLES civ 

ROPMA Cross-Reference Table #1—Continued 

(DISPOSITIONS) 

PREVIOUS 

SECTION

SUBTITLE E 

SECTION

Transfer (TR), 

Repeal (R), or 

Repeal & Reenact (RR) 

8395 ....................... [none] ......................... R

8396 ....................... [none] ......................... R

CH. 841: 

8495 ....................... 12401 .......................... RR 

8496 ....................... 12402 .......................... RR 

8497 ....................... 12403 .......................... RR 

8498 ....................... 12404 .......................... RR 

8499 ....................... 12405 .......................... RR 

8500 ....................... 12406 .......................... RR 

8501 ....................... 12407 .......................... RR 

8502 ....................... 12408 .......................... RR 

CH. 843: 

8541 ....................... 10507 .......................... RR 

8542 ....................... 12502 .......................... RR 

CH. 853: 

8686 ....................... 12602 .......................... RR 

CH. 861: 

8819 ....................... [none] ......................... R

8820 ....................... 14907 .......................... RR 

CH. 863: 

8843 ....................... 14510 .......................... RR 

8844 ....................... 14511 .......................... RR 

8845 ....................... 14512 .......................... RR 

8846 ....................... [none] ......................... R

8848 ....................... [none] ......................... R

8850 ....................... [none] ......................... R

8851 ....................... 14508(a) ..................... RR 

8852 ....................... 14508(b) ..................... RR 

8853 ....................... 14706 .......................... RR 

8855 ....................... 14703 .......................... RR 
cv ROPMA CROSS-REFERENCE TABLES 

Source of Sections of Subtitle E Resulting From ROPMA 

Reorganization 

Table #2 shows the source of each section of subtitle E of title 

10, United States Code (added by ROPMA), that (A) was transferred to that subtitle from a previous provision of title 10, or (B) 

is a restatement (without substantive revision) in that subtitle of 

a previously existing provision of title 10. 

ROPMA Cross-Reference Table #2 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

PART I—ORGANIZATION AND ADMINISTRATION 

CH. 1001: 

10001 ............ [none] 

CH. 1003: 

10101 ............ 261(a) ........................... RR 

10102 ............ 262 ............................... RR 

10103 ............ 263 ............................... RR 

10104 ............ 3076 ............................. RR 

10105 ............ 3077 ............................. RR 

10106 ............ 3078 ............................. RR 

10107 ............ 3079 ............................. RR 

10108 ............ 5251(a), (b) .................. RR 

10109 ............ 5252(a), (b) .................. RR 

10110 ............ 8076 ............................. RR 

10111 ............ 8077 ............................. RR 

10112 ............ 8078 ............................. RR 

10113 ............ 8079 ............................. RR 

10114 ............ [none] 

CH. 1005: 

10141(a), (b) 267 ............................... RR 

10141(c) ........ 2001 ............................. RR 

10142 ............ 268(a) ........................... RR 

10143 ............ 268(b), (c) ..................... RR 

10144 ............ [none] 

10145 ............ 269(a)–(d) ..................... RR 

10146 ............ 269(e)–(g) ..................... RR 

10147 ............ 270(a) ........................... RR 

10148 ............ 270(b), (c) ..................... RR 

10149 ............ 271 ............................... RR 

10150 ............ 272 ............................... RR 

10151 ............ 273(a) ........................... RR 

10152 ............ 273(b) ........................... RR 

10153 ............ 273(c) ........................... RR 

10154 ............ 274 ............................... RR 

CH. 1007: 

10201 ............ [none] 

10202 ............ 280 ............................... RR 
ROPMA CROSS-REFERENCE TABLES cvi 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

10203 ............ 264(a) ........................... RR 

10204 ............ 275 ............................... RR 

10205 ............ 652 ............................... RR 

10206 ............ 1004(a), (b) .................. RR 

10207 ............ 276 ............................... RR 

10208 ............ 552(e) of P.L. 98–525 .. RR 

10209 ............ 277 ............................... RR 

10210 ............ 278 ............................... RR 

10211 ............ 265 ............................... RR 

10212 ............ 279 ............................... RR 

10213 ............ 261(b) ........................... RR 

10214 ............ 281 ............................... RR 

10215 ............ 3080, 8080 ................... RR 

CH. 1009: 

10301 ............ 175 ............................... RR 

10302 ............ 3021 ............................. TR 

10303 ............ 5251(c) ......................... RR 

10304 ............ 5252(c) ......................... RR 

10305 ............ 8021 ............................. TR 

CH. 1011: 

10501 ............ 3040(a) ......................... RR 

10502 ............ 3040(b),(c) .................... RR 

10503 ............ [new] ............................

10504 ............ [new] ............................

10505 ............ [new] ............................

10506 ............ [new] ............................

10507 ............ 3541, 8541 ................... RR 

10508 ............ [new], ...........................

CH. 1013: 

10541 ............ 115b ............................. TR 

10542 ............ 3082 ............................. TR 

PART II—PERSONNEL GENERALLY 

CH. 1201: 

12001 ............ 3221, 3224, 5413, 

5456, 8221, 8224.

RR 

12002 ............ 3222, 3225, 8222, 8225 RR 

12003 ............ 3217, 5414, 8217 ......... RR 

12004 ............ 3218, 5457(a), 5458(a), 

8218.

RR 

12005 ............ 3219, 5457(b)–(d), 

5458(b)–(d), 8219.

RR 

12006 ............ [none] 

12007 ............ 3220 ............................. RR 

12008 ............ 3223, 8223 ................... RR 

12009 ............ 3212, 8212 ................... RR 

12010 ............ 5454 .............................

12011 ............ 524 ............................... TR 

12012 ............ 517(b), (c) [part] .......... RR 
cvii ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

CH. 1203: 

12101 ............ 501 

12102 ............ 510 ............................... TR 

12103 ............ 511 ............................... TR 

12104 ............ 512 ............................... TR 

12105 ............ 3259, 8259 ................... RR 

12106 ............ 3260, 8260 ................... RR 

12107 ............ 3261, 8261 ................... RR 

CH. 1205: 

12201 ............ 591 ............................... TR 

12202 ............ 592 ............................... TR 

12203 ............ 593 ............................... TR 

12204 ............ 594 ............................... TR 

12205 ............ 596 ............................... TR 

12206 ............ [none] ...........................

12207 ............ 3353, 5600, 8353 ......... RR 

12208 ............ 595 ............................... TR 

12209 ............ 600 ............................... TR 

12210 ............ 600a ............................. TR 

12211 ............ 3351 ............................. TR 

12212 ............ 8351 ............................. TR 

12213 ............ 3352 ............................. TR 

12214 ............ 8352 ............................. TR 

12215 ............ 3392, 8392 ................... RR 

CH. 1207: 

12241 ............ 597 ............................... TR 

11242 ............ 598 ............................... TR 

11243 ............ 599 ............................... TR 

CH. 1209: 

12301 ............ 672 ............................... TR 

12302 ............ 673 ............................... TR 

12303 ............ 673a ............................. TR 

12304 ............ 673b ............................. TR 

12305 ............ 673c .............................. TR 

12306 ............ 674 ............................... TR 

12307 ............ 675 ............................... TR 

12308 ............ 676 ............................... TR 

12309 ............ 677 ............................... TR 

12310 ............ 678 ............................... TR 

12311 ............ 679 ............................... TR 

12312 ............ 680 ............................... TR 

12313 ............ 681 ............................... TR 

12314 ............ 682 ............................... TR 

12315 ............ 683 ............................... TR 

12316 ............ 684 ............................... TR 

12317 ............ 685 ............................... TR 

12318 ............ 686 ............................... TR 

12319 ............ 687 ............................... TR 
ROPMA CROSS-REFERENCE TABLES cviii 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

12320 ............ 689 ............................... TR 

12321 ............ 690 ............................... TR 

CH. 1211: 

12401 ............ 3495, 8495 ................... RR 

12402 ............ 3496, 8496 ................... RR 

12403 ............ 3497, 8497 ................... RR 

12404 ............ 3498, 8498 ................... RR 

12405 ............ 3499, 8499 ................... RR 

12406 ............ 3500, 8500 ................... RR 

12407 ............ 3501, 8501 ................... RR 

12408 ............ 3502, 8502 ................... RR 

CH. 1213: 

12501 ............ 715 ............................... RR 

12502 ............ 3542, 8542 ................... RR 

CH. 1215: 

[No present sections].

CH. 1217: 

12601 ............ 1033 ............................. RR 

12602 ............ 3686, 8686 ................... RR 

CH. 1219: 

12641 ............ 1001 ............................. TR 

12642 ............ 1002 ............................. TR 

12643 ............ 266 ............................... TR 

12644 ............ 1004(c) ......................... TR 

12645 ............ 1005 ............................. TR 

12646 ............ 1006 ............................. TR 

12467 ............ 1007 ............................. TR 

CH. 1221: 

12681 ............ 1162(a) ......................... RR 

12682 ............ 1162(b) ......................... RR 

12683 ............ 1163(a) ......................... RR 

12684 ............ 1163(b) ......................... RR 

12685 ............ 1163(c) ......................... RR 

12686 ............ 1163(d) ......................... RR 

CH. 1223: 

12731 ............ 1331 ............................. TR 

12731a .......... 1331a ........................... TR 

12732 ............ 1332 ............................. TR 

12733 ............ 1333 ............................. TR 

12734 ............ 1334 ............................. TR 

12735 ............ 1335 ............................. TR 

12736 ............ 1336 ............................. TR 

12737 ............ 1337 ............................. TR 

12738 ............ 1338 ............................. TR 

12739 ............ 1401 ............................. Amended 

CH. 1225: 

12771 ............ 1374(b), (f) ................... RR 

12772 ............ 1374(e) ......................... RR 
cix ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

12773 ............ 1374(d) ......................... RR 

12774 ............ 1376(a), 6017 ............... RR 

PART III—PROMOTION AND RETENTION OF OFFICERS ON THE 

RESERVE ACTIVE-STATUS LIST 

[The provisions of part III (chapters 1401–1411) set out the revised 

officer personnel policies of ROPMA] 

CH. 1401: 

14001 ............

14002 ............

14003 ............

14004 ............

14005 ............

14006 ............

CH. 1403: 

14101 ............

14102 ............

14103 ............

14104 ............

14105 ............

14106 ............

14107 ............

14108 ............

14109 ............

14110 ............

14111 ............

14112 ............

CH. 1405: 

14301 ............

14302 ............

14303 ............

14304 ............

14305 ............

14306 ............

14307 ............

14308 ............

14309 ............

14310 ............

14311 ............

14312 ............

14313 ............

14314 ............

14315 ............

14316 ............

14317 ............

CH. 1407: 

14501 ............

14502 ............

14503 ............
ROPMA CROSS-REFERENCE TABLES cx 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

14504 ............

14505 ............

14506 ............

14507 ............

14508 ............

14509 ............

14510 ............

14511 ............

14512 ............

14513 ............

14514 ............

14515 ............

14516 ............

14517 ............

CH. 1409: 

14701 ............

14702 ............

14703 ............

14704 ............

14705 ............

14706 ............

CH. 1411: 

14901 ............

14902 ............

14903 ............

14904 ............

14905 ............

14906 ............

14907 ............

PART IV—TRAINING FOR RESERVE COMPONENTS AND 

EDUCATIONAL ASSISTANCE PROGRAMS 

CH. 1601: 

[No present sections].

CH. 1606: 

16131 ............ 2131 ............................. TR 

16132 ............ 2132 ............................. TR 

16133 ............ 2133 ............................. TR 

16134 ............ 2134 ............................. TR 

16135 ............ 2135 ............................. TR 

16136 ............ 2136 ............................. TR 

16137 ............ 2137 ............................. TR 

CH. 1608: 

16201 ............ 2128(a)–(e) ................... TR 

16202 ............ 2129 ............................. TR 

16203 ............ 2130(a), (b) .................. TR 

16204 ............ 2130(c) ......................... RR 
cxi ROPMA CROSS-REFERENCE TABLES 

ROPMA Cross-Reference Table #2—Continued 

(SOURCES) 

SUBTITLE E

SECTION 

SOURCE

SECTION 

Transfer (TR) or 

Repeal & Reenact (RR) 

CH. 1609: 

16301 ............ 2171 ............................. Amended 

16302 ............ 2172 ............................. TR 

PART V—SERVICE, SUPPLY, AND PROCUREMENT 

CH. 1801: 

[No present sections].

CH. 1803: 

18231 ............ 2231 ............................. TR 

18232 ............ 2232 ............................. TR 

18233 ............ 2233 ............................. TR 

18233a .......... 2233a ........................... TR 

18234 ............ 2234 ............................. TR 

18235 ............ 2235 ............................. TR 

18236 ............ 2236 ............................. TR 

18237 ............ 2237 ............................. TR 

18238 ............ 2238 ............................. TR 

18239 ............ 2239 ............................. TR 

CH. 1805: 

18501 ............ 264(b) ........................... RR 

18502 ............ 2540 ............................. RR 

1 

TITLE 10—ARMED FORCES 

3 

Subtitle Sec. 

A. General Military Law .................................. 101 

B. Army ................................................................ 3001 

C. Navy and Marine Corps .............................. 5001 

D. Air Force ......................................................... 8001 

E. Reserve Components ...................................10001 

5 

Subtitle A—General Military Law 

PART I—ORGANIZATION AND GENERAL MILITARY 

POWERS 

Chap. Sec.

1. Definitions ....................................................................... 101

2. Department of Defense ................................................... 111

3. General Powers and Functions ...................................... 121

4. Office of the Secretary of Defense ................................. 131

5. Joint Chiefs of Staff ........................................................ 151

6. Combatant Commands ................................................... 161

7. Boards, Councils, and Committees ................................ 171

8. Defense Agencies and Department of Defense Field 

Activities ...................................................................... 191

9. Defense Budget Matters ................................................. 221

11. Reserve Components ....................................................... 261

13. The Militia ....................................................................... 311

15. Insurrection ..................................................................... 331

17. Arming of American Vessels .......................................... 351

18. Military Support for Civilian Law Enforcement 

Agencies ....................................................................... 371

20. Humanitarian and Other Assistance ............................ 401

21. Department of Defense Intelligence Matters ................ 421

22. National Geospatial-Intelligence Agency ...................... 441

23. Miscellaneous Studies and Reports ............................... 480

PART II—PERSONNEL 

31. Enlistments ..................................................................... 501

32. Officer Strength and Distribution in Grade ................. 521

33. Original Appointments of Regular Officers in Grades 

Above Warrant Officer Grades ................................... 531

33A. Appointment, Promotion, and Involuntary Separation 

and Retirement for Members on the Warrant Officer Active-Duty List .................................................... 571

34. Appointments as Reserve Officers ................................. 591

35. Temporary Appointments in Officer Grades ................ 601

36. Promotion, Separation, and Involuntary Retirement 

of Officers on the Active-Duty List ............................ 611

37. General Service Requirements ...................................... 651

38. Joint Officer Management .............................................. 661

39. Active Duty ...................................................................... 671

40. Leave ................................................................................ 701

41. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 711

43. Rank and Command ....................................................... 741

45. The Uniform .................................................................... 771

47. Uniform Code of Military Justice .................................. 801
6 

47A. Military Commissions ..................................................... 948a 

48. Military Correctional Facilities ...................................... 951

49. Miscellaneous Prohibitions and Penalties .................... 971

50. Miscellaneous Command Responsibilities .................... 991

51. Reserve Components: Standards and Procedures for 

Retention and Promotion ............................................ 1001

53. Miscellaneous Rights and Benefits ................................ 1031

54. Commissary and Exchange Benefits ............................. 1061

55. Medical and Dental Care ............................................... 1071

56. Department of Defense Medicare-Eligible Retiree 

Health Care Fund ....................................................... 1111

57. Decorations and Awards ................................................. 1121

58. Benefits and Services for Members Being Separated 

or Recently Separated ................................................. 1141

59. Separation ....................................................................... 1161

60. Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons ....... 1181

61. Retirement or Separation for Physical Disability ........ 1201

63. Retirement for Age ......................................................... 1251

65. Retirement of Warrant Officers for Length of Service 1293

67. Retired Pay for Non-Regular Service ............................ 1331

69. Retired Grade .................................................................. 1370

71. Computation of Retired Pay ........................................... 1401

73. Annuities Based on Retired or Retainer Pay ............... 1431

74. Department of Defense Military Retirement Fund ...... 1461

75. Deceased Personnel ........................................................ 1471

76. Missing Persons .............................................................. 1501

77. Posthumous Commissions and Warrants ..................... 1521

79. Correction of Military Records ....................................... 1551

80. Miscellaneous Investigation Requirements and Other 

Duties ........................................................................... 1561

81. Civilian Employees ......................................................... 1580

83. Civilian Defense Intelligence Employees ...................... 1601

[85. Repealed.] 

87. Defense Acquisition Workforce ...................................... 1701

88. Military Family Programs and Military Child Care .... 1781

[89. Repealed.] 

PART III—TRAINING AND EDUCATION 

101. Training Generally .......................................................... 2001

102. Junior Reserve Officers’ Training Corps ....................... 2031

103. Senior Reserve Officers’ Training Corps ....................... 2101

104. Uniformed Services University of the Health Sciences 2112

105. Armed Forces Health Professions Financial Assistance Programs ............................................................. 2120

106. Educational Assistance for Members of the Selected 

Reserve ......................................................................... 2131

106A. Educational Assistance for Persons Enlisting for Active Duty ...................................................................... 2141

107. Professional Military Education .................................... 2151

108. Department of Defense Schools ..................................... 2161

109. Educational Loan Repayment Programs ...................... 2171

110. Educational Assistance for Members Held as Captives 

and Their Dependents ................................................. 2181
7 

111. Support of Science, Mathematics, and Engineering 

Education ..................................................................... 2191

112. Information Security Scholarship Program .................. 2200

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

131. Planning and Coordination ............................................ 2201

133. Facilities for Reserve Components ................................ 2231

134. Miscellaneous Administrative Provisions ..................... 2241

135. Space Programs ............................................................... 2271

136. Provisions Relating to Specific Programs ..................... 2281

137. Procurement Generally ................................................... 2301

138. Cooperative Agreements with NATO Allies and Other 

Countries ...................................................................... 2341

139. Research and Development ............................................ 2351

140. Procurement of Commercial Items ................................ 2375

141. Miscellaneous Procurement Provisions ......................... 2381

142. Procurement Technical Assistance Cooperative Agreement Program .............................................................. 2411

143. Production by Military Agencies .................................... 2421

144. Major Defense Acquisition Programs ............................ 2430

144A. Major Automated Information System Programs ........ 2445a 

145. Cataloging and Standardization .................................... 2451

146. Contracting for Performance of Civilian Commercial 

or Industrial Type Functions ..................................... 2460

147. Commissaries and Exchanges and Other Morale, Welfare, and Recreation Activities ................................... 2481

148. National Defense Technology and Industrial Base, 

Defense Reinvestment, and Defense Conversion ...... 2500

149. Defense Acquisition System ........................................... 2545

[150. Repealed.] 

152. Issue of Supplies, Services, and Facilities .................... 2551

153. Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property ...................................... 2571

155. Acceptance of Gifts and Services ................................... 2601

157. Transportation ................................................................ 2631

159. Real Property; Related Personal Property; and Lease 

of Non-Excess Property ............................................... 2661

160. Environmental Restoration ............................................ 2700

161. Property Records and Report of Theft or Loss of Certain Property ................................................................ 2721

163. Military Claims ............................................................... 2731

165. Accountability and Responsibility ................................. 2771

[167. Repealed.] 

169. Military Construction and Military Family Housing ... 2801

[171. Repealed.] 

172. Strategic Environmental Research and Development 

Program ........................................................................ 2901

173. Energy Security ............................................................... 2911

9 

PART I—ORGANIZATION AND GENERAL 

MILITARY POWERS 

Chap. Sec.

1. Definitions ....................................................................... 101 

2. Department of Defense ................................................... 111 

3. General Powers and Functions ...................................... 121 

4. Office of the Secretary of Defense ................................. 131 

5. Joint Chiefs of Staff ........................................................ 151 

6. Combatant Commands ................................................... 161 

7. Boards, Councils, and Committees ................................ 171 

8. Defense Agencies and Department of Defense Field 

Activities ...................................................................... 191 

9. Defense Budget Matters ................................................. 221 

11. Reserve Components ....................................................... 261 

13. The Militia ....................................................................... 311 

15. Insurrection ..................................................................... 331 

17. Arming of American Vessels .......................................... 351 

18. Military Support for Civilian Law Enforcement 

Agencies ....................................................................... 371 

20. Humanitarian and Other Assistance ............................ 401 

21. Department of Defense Intelligence Matters ................ 421 

22. National Geospatial-Intelligence Agency ...................... 441 

23. Miscellaneous Studies and Reports ............................... 480 

11 

CHAPTER 1—DEFINITIONS 

Sec. 

101. Definitions. 

§ 101. Definitions 

(a) IN GENERAL.—The following definitions apply in this title: 

(1) The term ‘‘United States’’, in a geographic sense, means 

the States and the District of Columbia. 

[(2) Repealed. Pub. L. 109–163, div. A, title X, Sec. 

1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] 

(3) The term ‘‘possessions’’ includes the Virgin Islands, 

Guam, American Samoa, and the Guano Islands, so long as 

they remain possessions, but does not include any Commonwealth. 

(4) The term ‘‘armed forces’’ means the Army, Navy, Air 

Force, Marine Corps, and Coast Guard. 

(5) The term ‘‘uniformed services’’ means— 

(A) the armed forces; 

(B) the commissioned corps of the National Oceanic 

and Atmospheric Administration; and 

(C) the commissioned corps of the Public Health 

Service. 

(6) The term ‘‘department’’, when used with respect to a 

military department, means the executive part of the department and all field headquarters, forces, reserve components, 

installations, activities, and functions under the control or supervision of the Secretary of the department. When used with 

respect to the Department of Defense, such term means the executive part of the department, including the executive parts 

of the military departments, and all field headquarters, forces, 

reserve components, installations, activities, and functions 

under the control or supervision of the Secretary of Defense, 

including those of the military departments. 

(7) The term ‘‘executive part of the department’’ means the 

executive part of the Department of Defense, Department of 

the Army, Department of the Navy, or Department of the Air 

Force, as the case may be, at the seat of government. 

(8) The term ‘‘military departments’’ means the Department of the Army, the Department of the Navy, and the Department of the Air Force. 

(9) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, with respect to matters 

concerning the Army; 

(B) the Secretary of the Navy, with respect to matters 

concerning the Navy, the Marine Corps, and the Coast 

Guard when it is operating as a service in the Department 

of the Navy; 
§ 101 CH. 1—DEFINITIONS 12 

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and 

(D) the Secretary of Homeland Security, with respect 

to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy. 

(10) The term ‘‘service acquisition executive’’ means the civilian official within a military department who is designated 

as the service acquisition executive for purposes of regulations 

and procedures providing for a service acquisition executive for 

that military department. 

(11) The term ‘‘Defense Agency’’ means an organizational 

entity of the Department of Defense— 

(A) that is established by the Secretary of Defense 

under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than 

such an entity that is designated by the Secretary as a Department of Defense Field Activity); or 

(B) that is designated by the Secretary of Defense as 

a Defense Agency. 

(12) The term ‘‘Department of Defense Field Activity’’ 

means an organizational entity of the Department of Defense— 

(A) that is established by the Secretary of Defense 

under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and 

(B) that is designated by the Secretary of Defense as 

a Department of Defense Field Activity. 

(13) The term ‘‘contingency operation’’ means a military 

operation that— 

(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may 

become involved in military actions, operations, or hostilities against an enemy of the United States or against 

an opposing military force; or 

(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of this 

title, chapter 15 of this title, or any other provision of law 

during a war or during a national emergency declared by 

the President or Congress. 

(14) The term ‘‘supplies’’ includes material, equipment, and 

stores of all kinds. 

(15) The term ‘‘pay’’ includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but 

does not include allowances. 

(16) The term ‘‘congressional defense committees’’ means— 

(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. 

(17) The term ‘‘base closure law’’ means the following: 
13 § 101 CH. 1—DEFINITIONS 

(A) Section 2687 of this title. 

(B) The Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 

U.S.C. 2687 note). 

(C) Title II of the Defense Authorization Amendments 

and Base Closure and Realignment Act (Public Law 100– 

526; 10 U.S.C. 2687 note). 

(18) The term ‘‘acquisition workforce’’ means the persons 

serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title. 

(b) PERSONNEL GENERALLY.—The following definitions relating 

to military personnel apply in this title: 

(1) The term ‘‘officer’’ means a commissioned or warrant officer. 

(2) The term ‘‘commissioned officer’’ includes a commissioned warrant officer. 

(3) The term ‘‘warrant officer’’ means a person who holds 

a commission or warrant in a warrant officer grade. 

(4) The term ‘‘general officer’’ means an officer of the 

Army, Air Force, or Marine Corps serving in or having the 

grade of general, lieutenant general, major general, or brigadier general. 

(5) The term ‘‘flag officer’’ means an officer of the Navy or 

Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half). 

(6) The term ‘‘enlisted member’’ means a person in an enlisted grade. 

(7) The term ‘‘grade’’ means a step or degree, in a graduated scale of office or military rank, that is established and 

designated as a grade by law or regulation. 

(8) The term ‘‘rank’’ means the order of precedence among 

members of the armed forces. 

(9) The term ‘‘rating’’ means the name (such as ‘‘boatswain’s mate’’) prescribed for members of an armed force in an 

occupational field. The term ‘‘rate’’ means the name (such as 

‘‘chief boatswain’s mate’’) prescribed for members in the same 

rating or other category who are in the same grade (such as 

chief petty officer or seaman apprentice). 

(10) The term ‘‘original’’, with respect to the appointment 

of a member of the armed forces in a regular or reserve component, refers to that member’s most recent appointment in that 

component that is neither a promotion nor a demotion. 

(11) The term ‘‘authorized strength’’ means the largest 

number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed 

forces. 

(12) The term ‘‘regular’’, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, 

grade, or office in a regular component of an armed force. 

(13) The term ‘‘active-duty list’’ means a single list for the 

Army, Navy, Air Force, or Marine Corps (required to be maintained under section 620 of this title) which contains the 

names of all officers of that armed force, other than officers de-
§ 101 CH. 1—DEFINITIONS 14 

scribed in section 641 of this title, who are serving on active 

duty. 

(14) The term ‘‘medical officer’’ means an officer of the 

Medical Corps of the Army, an officer of the Medical Corps of 

the Navy, or an officer in the Air Force designated as a medical officer. 

(15) The term ‘‘dental officer’’ means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the 

Navy, or an officer of the Air Force designated as a dental officer. 

(16) The term ‘‘Active Guard and Reserve’’ means a member of a reserve component who is on active duty pursuant to 

section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National 

Guard duty pursuant to section 502(f) of title 32, and who is 

performing Active Guard and Reserve duty. 

(c) RESERVE COMPONENTS.—The following definitions relating 

to the reserve components apply in this title: 

(1) The term ‘‘National Guard’’ means the Army National 

Guard and the Air National Guard. 

(2) The term ‘‘Army National Guard’’ means that part of 

the organized militia of the several States and Territories, 

Puerto Rico, and the District of Columbia, active and inactive, 

that— 

(A) is a land force; 

(B) is trained, and has its officers appointed, under the 

sixteenth clause of section 8, article I, of the Constitution; 

(C) is organized, armed, and equipped wholly or partly 

at Federal expense; and 

(D) is federally recognized. 

(3) The term ‘‘Army National Guard of the United States’’ 

means the reserve component of the Army all of whose members are members of the Army National Guard. 

(4) The term ‘‘Air National Guard’’ means that part of the 

organized militia of the several States and Territories, Puerto 

Rico, and the District of Columbia, active and inactive, that— 

(A) is an air force; 

(B) is trained, and has its officers appointed, under the 

sixteenth clause of section 8, article I, of the Constitution; 

(C) is organized, armed, and equipped wholly or partly 

at Federal expense; and 

(D) is federally recognized. 

(5) The term ‘‘Air National Guard of the United States’’ 

means the reserve component of the Air Force all of whose 

members are members of the Air National Guard. 

(6) The term ‘‘reserve’’, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, 

grade, or office held as a Reserve of one of the armed forces. 

(7) The term ‘‘reserve active-status list’’ means a single list 

for the Army, Navy, Air Force, or Marine Corps (required to 

be maintained under section 14002 of this title) that contains 

the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an 
15 § 101 CH. 1—DEFINITIONS 

active status in a reserve component of the Army, Navy, Air 

Force, or Marine Corps and are not on an active-duty list. 

(d) DUTY STATUS.—The following definitions relating to duty 

status apply in this title: 

(1) The term ‘‘active duty’’ means full-time duty in the active military service of the United States. Such term includes 

full-time training duty, annual training duty, and attendance, 

while in the active military service, at a school designated as 

a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty. 

(2) The term ‘‘active duty for a period of more than 30 

days’’ means active duty under a call or order that does not 

specify a period of 30 days or less. 

(3) The term ‘‘active service’’ means service on active duty 

or full-time National Guard duty. 

(4) The term ‘‘active status’’ means the status of a member 

of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive 

status list, or in the Retired Reserve. 

(5) The term ‘‘full-time National Guard duty’’ means training or other duty, other than inactive duty, performed by a 

member of the Army National Guard of the United States or 

the Air National Guard of the United States in the member’s 

status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for 

which the member is entitled to pay from the United States or 

for which the member has waived pay from the United States. 

(6)(A) The term ‘‘active Guard and Reserve duty’’ means 

active duty performed by a member of a reserve component of 

the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National 

Guard pursuant to an order to full-time National Guard duty, 

for a period of 180 consecutive days or more for the purpose 

of organizing, administering, recruiting, instructing, or training the reserve components. 

(B) Such term does not include the following: 

(i) Duty performed as a member of the Reserve Forces 

Policy Board provided for under section 10301 of this title. 

(ii) Duty performed as a property and fiscal officer 

under section 708 of title 32. 

(iii) Duty performed for the purpose of interdiction and 

counter-drug activities for which funds have been provided 

under section 112 of title 32. 

(iv) Duty performed as a general or flag officer. 

(v) Service as a State director of the Selective Service 

System under section 10(b)(2) of the Military Selective 

Service Act (50 U.S.C. App. 460(b)(2)). 

(7) The term ‘‘inactive-duty training’’ means— 

(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision 

of law; and 
§ 101 CH. 1—DEFINITIONS 16 

(B) special additional duties authorized for Reserves 

by an authority designated by the Secretary concerned and 

performed by them on a voluntary basis in connection with 

the prescribed training or maintenance activities of the 

units to which they are assigned. 

Such term includes those duties when performed by Reserves 

in their status as members of the National Guard. 

(e) FACILITIES AND OPERATIONS.—The following definitions relating to facilities and operations apply in this title: 

(1) RANGE.—The term ‘‘range’’, when used in a geographic 

sense, means a designated land or water area that is set aside, 

managed, and used for range activities of the Department of 

Defense. Such term includes the following: 

(A) Firing lines and positions, maneuver areas, firing 

lanes, test pads, detonation pads, impact areas, electronic 

scoring sites, buffer zones with restricted access, and exclusionary areas. 

(B) Airspace areas designated for military use in accordance with regulations and procedures prescribed by 

the Administrator of the Federal Aviation Administration. 

(2) RANGE ACTIVITIES.—The term ‘‘range activities’’ 

means— 

(A) research, development, testing, and evaluation of 

military munitions, other ordnance, and weapons systems; 

and 

(B) the training of members of the armed forces in the 

use and handling of military munitions, other ordnance, 

and weapons systems. 

(3) OPERATIONAL RANGE.—The term ‘‘operational range’’ 

means a range that is under the jurisdiction, custody, or control of the Secretary of a military department and— 

(A) that is used for range activities, or 

(B) although not currently being used for range activities, that is still considered by the Secretary to be a range 

and has not been put to a new use that is incompatible 

with range activities. 

(4) MILITARY MUNITIONS.—(A) The term ‘‘military munitions’’ means all ammunition products and components produced for or used by the armed forces for national defense and 

security, including ammunition products or components under 

the control of the Department of Defense, the Coast Guard, the 

Department of Energy, and the National Guard. 

(B) Such term includes the following: 

(i) Confined gaseous, liquid, and solid propellants. 

(ii) Explosives, pyrotechnics, chemical and riot control 

agents, smokes, and incendiaries, including bulk explosives 

and chemical warfare agents. 

(iii) Chemical munitions, rockets, guided and ballistic 

missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, 

and demolition charges. 

(iv) Devices and components of any item specified in 

clauses (i) through (iii). 
17 § 101 CH. 1—DEFINITIONS 

(C) Such term does not include the following: 

(i) Wholly inert items. 

(ii) Improvised explosive devices. 

(iii) Nuclear weapons, nuclear devices, and nuclear 

components, other than nonnuclear components of nuclear 

devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 

(42 U.S.C. 2011 et seq.) have been completed. 

(5) UNEXPLODED ORDNANCE.—The term ‘‘unexploded ordnance’’ means military munitions that— 

(A) have been primed, fused, armed, or otherwise prepared for action; 

(B) have been fired, dropped, launched, projected, or 

placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and 

(C) remain unexploded, whether by malfunction, design, or any other cause. 

(f) RULES OF CONSTRUCTION.—In this title— 

(1) ‘‘shall’’ is used in an imperative sense; 

(2) ‘‘may’’ is used in a permissive sense; 

(3) ‘‘no person may * * * ’’ means that no person is required, authorized, or permitted to do the act prescribed; 

(4) ‘‘includes’’ means ‘‘includes but is not limited to’’; and 

(5) ‘‘spouse’’ means husband or wife, as the case may be. 

(g) REFERENCE TO TITLE 1 DEFINITIONS.—For other definitions 

applicable to this title, see sections 1 through 5 of title 1. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85–861, Sec. 1(1), 33(a)(1), Sept. 2, 1958, 72 Stat. 

1437, 1564; Pub. L. 86–70, Sec. 6(a), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, Sec. 4(a), 

July 12, 1960, 74 Stat. 411; Pub. L. 87–649, Sec. 6(f)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 

90–235, Sec. 7(a)(1), Jan. 2, 1968, 81 Stat. 762; Pub. L. 90–623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 

1314; Pub. L. 92–492, Sec. 1, Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–513, title I, Sec. 101, 115(a), 

title V, Sec. 501(2), Dec. 12, 1980, 94 Stat. 2839, 2877, 2907; Pub. L. 97–22, Sec. 2(a), July 10, 

1981, 95 Stat. 124; Pub. L. 97–86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 

98–525, title IV, Sec. 414(a)(1), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, Sec. 

514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–348, title III, Sec. 303, July 1, 1986, 100 Stat. 

703; Pub. L. 99–433, title III, Sec. 302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100–26, Sec. 7(i), 

(k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100–180, div. A, title XII, Sec. 1231(1), (20), 

1233(a)(2), Dec. 4, 1987, 101 Stat. 1160, 1161; Pub. L. 100–456, div. A, title XII, Sec. 1234(a)(1), 

Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XII, Sec. 1204, Nov. 5, 1990, 104 

Stat. 1658; Pub. L. 102–190, div. A, title VI, Sec. 631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 

102–484, div. A, title X, Sec. 1051(a), Oct. 23, 1992, 106 Stat. 2494; Pub. L. 103–337, div. A, 

title V, Sec. 514, title XVI, Sec. 1621, 1671(c)(1), Oct. 5, 1994, 108 Stat. 2753, 2960, 3014; Pub. 

L. 104–106, div. A, title XV, Sec. 1501(c)(1), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104–201, div. 

A, title V, Sec. 522, Sept. 23, 1996, 110 Stat. 2517; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), 

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title X, Secs. 1042(a), 1043(a), 1045(a)(2), 

Nov. 24, 2003, 117 Stat. 1608, 1610, 1612; Pub. L. 108–375, div. A, title X, Sec. 1084(a), Oct. 

28, 2004, 118 Stat. 2060; Pub. L. 109–163, div. A, title X, Secs. 1056(c)(1), 1057(a)(1), (2), Jan. 

6, 2006, 119 Stat. 3439, 3440; Pub. L. 109–364, div. A, title V, Sec. 524, Oct. 17, 2006, 120 Stat. 

2193; Pub. L. 111–383, div. A, title VIII, Sec. 876, Jan. 7, 2011, 124 Stat. 4305.) 
18 

CHAPTER 2—DEPARTMENT OF DEFENSE 

Sec. 

111. Executive department. 

112. Department of Defense: seal. 

113. Secretary of Defense. 

113a. Transmission of annual defense authorization request. 

114. Annual authorization of appropriations. 

[114a. Renumbered.] 

115. Personnel strengths: requirement for annual authorization. 

115a. Annual defense manpower requirements report. 

115b. Annual strategic workforce plan. 

116. Annual operations and maintenance report. 

117. Readiness reporting system: establishment; reporting to congressional committees. 

118. Quadrennial defense review. 

118a. Quadrennial quality of life review. 

118b. Quadrennial roles and missions review. 

119. Special access programs: congressional oversight. 

§ 111. Executive department 

(a) The Department of Defense is an executive department of 

the United States. 

(b) The Department is composed of the following: 

(1) The Office of the Secretary of Defense. 

(2) The Joint Chiefs of Staff. 

(3) The Joint Staff. 

(4) The Defense Agencies. 

(5) Department of Defense Field Activities. 

(6) The Department of the Army. 

(7) The Department of the Navy. 

(8) The Department of the Air Force. 

(9) The unified and specified combatant commands. 

(10) Such other offices, agencies, activities, and commands 

as may be established or designated by law or by the President. 

(11) All offices, agencies, activities, and commands under 

the control or supervision of any element named in paragraphs 

(1) through (10). 

(c) If the President establishes or designates an office, agency, 

activity, or command in the Department of Defense of a kind other 

than those described in paragraphs (1) through (9) of subsection 

(b), the President shall notify Congress not later than 60 days 

thereafter. 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 131; renumbered Sec. 

111 and amended Pub. L. 99–433, title I, Sec. 101(a)(2), (b), Oct. 1, 1986, 100 Stat. 994, 995.) 

§ 112. Department of Defense: seal 

The Secretary of Defense shall have a seal for the Department 

of Defense. The design of the seal is subject to approval by the 

President. Judicial notice shall be taken of the seal. 
19 § 113 CH. 2—DEPARTMENT OF DEFENSE 

1So in original: in section 113(c)(2), the repeated word ‘‘on on’’ is due to an error in the 

amendment made by section 514(b) of Public Law 111–383, enacted on Jan. 7, 2011 (124 Stat. 

4213). 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 132; renumbered Sec. 

112 and amended Pub. L. 99–433, title I, Sec. 101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994, 

1002.) 

§ 113. Secretary of Defense 

(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, 

by and with the advice and consent of the Senate. A person may 

not be appointed as Secretary of Defense within seven years after 

relief from active duty as a commissioned officer of a regular component of an armed force. 

(b) The Secretary is the principal assistant to the President in 

all matters relating to the Department of Defense. Subject to the 

direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and control over the Department of Defense. 

(c)(1) The Secretary shall report annually in writing to the 

President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered 

by the report, together with— 

(A) a report from each military department on the expenditures, work, and accomplishments of that department; 

(B) itemized statements showing the savings of public 

funds, and the eliminations of unnecessary duplications, made 

under sections 125 and 191 of this title; and 

(C) such recommendations as he considers appropriate. 

(2) At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on on 1 any reserve component matter that the Reserve 

Forces Policy Board considers appropriate to include in the report. 

(d) Unless specifically prohibited by law, the Secretary may, 

without being relieved of his responsibility, perform any of his 

functions or duties, or exercise any of his powers through, or with 

the aid of, such persons in, or organizations of, the Department of 

Defense as he may designate. 

(e)(1) The Secretary shall include in his annual report to Congress under subsection (c)— 

(A) a description of the major military missions and of the 

military force structure of the United States for the next fiscal 

year; 

(B) an explanation of the relationship of those military 

missions to that force structure; and 

(C) the justification for those military missions and that 

force structure. 

(2) In preparing the matter referred to in paragraph (1), the 

Secretary shall take into consideration the content of the annual 

national security strategy report of the President under section 108 

of the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal 

year concerned. 
§ 113 CH. 2—DEPARTMENT OF DEFENSE 20 

(f) When a vacancy occurs in an office within the Department 

of Defense and the office is to be filled by a person appointed from 

civilian life by the President, by and with the advice and consent 

of the Senate, the Secretary of Defense shall inform the President 

of the qualifications needed by a person serving in that office to 

carry out effectively the duties and responsibilities of that office. 

(g)(1) The Secretary of Defense, with the advice and assistance 

of the Chairman of the Joint Chiefs of Staff, shall provide annually 

to the heads of Department of Defense components written policy 

guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on— 

(A) national security objectives and policies; 

(B) the priorities of military missions; and 

(C) the resource levels projected to be available for the period of time for which such recommendations and proposals are 

to be effective. 

(2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs 

of Staff, shall provide to the Chairman written policy guidance for 

the preparation and review of contingency plans, including plans 

for providing support to civil authorities in an incident of national 

significance or a catastrophic incident, for homeland defense, and 

for military support to civil authorities. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting 

resource levels projected to be available for the period of time for 

which such plans are to be effective. 

(h) The Secretary of Defense shall keep the Secretaries of the 

military departments informed with respect to military operations 

and activities of the Department of Defense that directly affect 

their respective responsibilities. 

(i)(1) The Secretary of Defense shall transmit to Congress each 

year a report that contains a comprehensive net assessment of the 

defense capabilities and programs of the armed forces of the United 

States and its allies as compared with those of their potential adversaries. 

(2) Each such report shall— 

(A) include a comparison of the defense capabilities and 

programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the 

United States and allies of the United States; 

(B) include an examination of the trends experienced in 

those capabilities and programs during the five years immediately preceding the year in which the report is transmitted 

and an examination of the expected trends in those capabilities 

and programs during the period covered by the future-years 

defense program submitted to Congress during that year pursuant to section 221 of this title; 

(C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the 

armed forces of the United States on short notice to meet a re-
21 § 113 CH. 2—DEPARTMENT OF DEFENSE 

surgent or increased threat to the national security of the 

United States; 

(D) reflect, in the overall assessment and in the strategic 

and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the 

budget submitted to Congress under section 1105 of title 31 in 

the year in which the report is submitted and in the five-year 

defense program submitted in such year; and 

(E) identify the deficiencies in the defense capabilities of 

the armed forces of the United States in such budget and such 

five-year defense program. 

(3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the 

President submits the budget to Congress under section 1105 of 

title 31 in that year. Such report shall be transmitted in both classified and unclassified form. 

(j)(1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committee on Armed Services and the 

Committee on Appropriations of the Senate and the Committee on 

Armed Services and the Committee on Appropriations of the a report on the cost of stationing United States forces outside of the 

United States. Each such report shall include a detailed statement 

of the following: 

(A) Costs incurred in the United States and costs incurred 

outside the United States in connection with the stationing of 

United States forces outside the United States. 

(B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States 

forces outside the United States, including all direct and indirect expenditures of United States funds in connection with 

such stationing. 

(C) The effect of such expenditures outside the United 

States on the balance of payments of the United States. 

(2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce. 

(3) In this subsection, the term ‘‘United States’’, when used in 

a geographic sense, includes the territories and possessions of the 

United States. 

(k) The Secretary of Defense, with the advice and assistance of 

the Chairman of the Joint Chiefs of Staff, shall provide annually 

to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct 

the effective detection and monitoring of all potential aerial and 

maritime threats to the national security of the United States. 

Those guidelines shall include guidance on the specific force levels 

and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect. 

(l) The Secretary shall include in the annual report to Congress 

under subsection (c) the following: 

(1) A comparison of the amounts provided in the defense 

budget for support and for mission activities for each of the 

preceding five fiscal years. 

(2) A comparison of the umber of military and civilian personnel, shown by major occupational category, assigned to sup-
§ 113a CH. 2—DEPARTMENT OF DEFENSE 22 

port positions and to mission positions for each of the preceding five fiscal years. 

(3) An accounting, shown by service and by major occupational category, of the number of military and civilian personnel assigned to support positions during each of the preceding five fiscal years. 

(4) A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military endstrength for each of the preceding five fiscal years. 

(m) INFORMATION TO ACCOMPANY FUNDING REQUEST FOR CONTINGENCY OPERATION.—Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary 

of Defense shall submit to Congress a report on the objectives of 

the operation. The report shall include a discussion of the following: 

(1) What clear and distinct objectives guide the activities 

of United States forces in operation. 

(2) What the President has identified on the basis of those 

objectives as the date, or the set of conditions, that defines the 

endpoint of the operation. 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 517, Sec. 133; amended Pub. 

L. 96–513, title V, Sec. 511(3), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97–252, title XI, Sec. 1105, 

Sept. 8, 1982, 96 Stat. 739; Pub. L. 97–295, Sec. 1(1), Oct. 12, 1982, 96 Stat. 1287; renumbered 

Sec. 113 and amended Pub. L. 99–433, title I, Sec. 101(a)(2), 102, 110(b)(2), (d)(2), title III, Sec. 

301(b)(2), title VI, Sec. 603(b), Oct. 1, 1986, 100 Stat. 994, 996, 1002, 1022, 1075; Pub. L. 100– 

26, Sec. 7(d)(1), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title XII, Sec. 1214, Dec. 

4, 1987, 101 Stat. 1157; Pub. L. 100–370, Sec. 1(o)(1), July 19, 1988, 102 Stat. 850; Pub. L. 100– 

456, div. A, title VII, Sec. 731, title XI, Sec. 1101, Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. 

L. 101–189, div. A, title XVI, Sec. 1622(c)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101–510, 

div. A, title XIII, Sec. 1322(a)(1), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102–190, div. A, title 

III, Sec. 341, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 103–337, div. A, title X, Sec. 1070(a)(1), title 

XVI, Sec. 1671(c)(2), Oct. 5, 1994, 108 Stat. 2855, 3014; Pub. L. 104–106, div. A, title XV, Secs. 

1501(a)(8)(B), 1502(a)(3), 1503(a)(1), Feb. 10, 1996, 110 Stat. 495, 502, 510; Pub. L. 104–201, 

div. A, title XII, Sec. 1255(c), Sept. 23, 1996, 110 Stat. 2698; Pub. L. 105–85, div. A, title IX, 

Sec. 903, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 105–261, div. A, title IX, Sec. 915(a), title XII, 

Sec. 1212(b), Oct. 17, 1998, 112 Stat. 2101, 2152; Pub. L. 106–65, div. A, title X, Sec. 1067(1), 

Oct. 5, 1999, 113 Stat. 774; Pub. L. 110–181, div. A, title IX, Sec. 903(a), title XVIII, Sec. 

1815(e), Jan. 28, 2008, 122 Stat. 273, 500; Pub. L. 111–383, div. A, title V, Sec. 514(b), Jan. 

7, 2011, 124 Stat. 4213.) 

§ 113a. Transmission of annual defense authorization request 

(a) TIME FOR TRANSMITTAL.—The Secretary of Defense shall 

transmit to Congress the annual defense authorization request for 

a fiscal year during the first 30 days after the date on which the 

President transmits to Congress the budget for that fiscal year pursuant to section 1105 of title 31. 

(b) DEFENSE AUTHORIZATION REQUEST DEFINED.—In this section, the term ‘‘defense authorization request’’, with respect to a fiscal year, means a legislative proposal submitted to Congress for the 

enactment of the following: 

(1) Authorizations of appropriations for that fiscal year, as 

required by section 114 of this title. 

(2) Personnel strengths for that fiscal year, as required by 

section 115 of this title. 
23 § 114 CH. 2—DEPARTMENT OF DEFENSE 

(3) Authority to carry out military construction projects, as 

required by section 2802 of this title. 

(4) Any other matter that is proposed by the Secretary of 

Defense to be enacted as part of the annual defense authorization bill for that fiscal year. 

(Added Pub. L. 107–314, div. A, title X, Sec. 1061(a), Dec. 2, 2002, 116 Stat. 2649; amended 

Pub. L. 108–136, div. A, title X, Sec. 1044(a), Nov. 24, 2003, 117 Stat. 1612.) 

§ 114. Annual authorization of appropriations 

(a) No funds may be appropriated for any fiscal year to or for 

the use of any armed force or obligated or expended for— 

(1) procurement of aircraft, missiles, or naval vessels; 

(2) any research, development, test, or evaluation, or procurement or production related thereto; 

(3) procurement of tracked combat vehicles; 

(4) procurement of other weapons; 

(5) procurement of naval torpedoes and related support 

equipment; 

(6) military construction; 

(7) the operation and maintenance of any armed force or 

of the activities and agencies of the Department of Defense 

(other than the military departments); 

(8) procurement of ammunition; or 

(9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the 

military departments); 

unless funds therefor have been specifically authorized by law. 

(b) In subsection (a)(6), the term ‘‘military construction’’ includes any construction, development, conversion, or extension of 

any kind which is carried out with respect to any military facility 

or installation (including any Government-owned or Governmentleased industrial facility used for the production of defense articles 

and any facility to which section 2353 of this title applies), any activity to which section 2807 of this title applies, any activity to 

which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access 

roads under section 210 of title 23. Such term does not include any 

activity to which section 2821 or 2854 of this title applies. 

(c)(1) The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 

U.S.C. 2795 et seq.) may not exceed $1,070,000,000. 

(2) Notwithstanding section 37(a) of the Arms Export Control 

Act (22 U.S.C. 2777(a)), amounts received by the United States 

pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 

U.S.C. 2761(a)(1))— 

(A) shall be credited to the Special Defense Acquisition 

Fund established pursuant to chapter 5 of that Act (22 U.S.C. 

2795 et seq.), as authorized by section 51(b)(1) of that Act (22 

U.S.C. 2795(b)(1)), but subject to the limitation in paragraph 

(1) and other applicable law; and 

(B) to the extent not so credited, shall be deposited in the 

Treasury as miscellaneous receipts as provided in section 

3302(b) of title 31. 
[§ 114a CH. 2—DEPARTMENT OF DEFENSE 24 

(d) Funds may be appropriated for the armed forces for use as 

an emergency fund for research, development, test, and evaluation, 

or related procurement or production, only if the appropriation of 

the funds is authorized by law after June 30, 1966. 

(e) In each budget submitted by the President to Congress 

under section 1105 of title 31, amounts requested for procurement 

of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from 

other amounts requested for procurement for the armed forces. 

(f) In each budget submitted by the President to Congress 

under section 1105 of title 31, amounts requested for procurement 

of ammunition for the Navy and Marine Corps, and for procurement of ammunition for the Air Force, shall be set forth separately 

from other amounts requested for procurement. 

(Added Pub. L. 93–155, title VIII, Sec. 803(a), Nov. 16, 1973, 87 Stat. 612, Sec. 138; amended 

Pub. L. 94–106, title VIII, Sec. 801(a), Oct. 7, 1975, 89 Stat. 537; Pub. L. 94–361, title III, Sec. 

302, July 14, 1976, 90 Stat. 924; Pub. L. 96–107, title III, Sec. 303(b), Nov. 9, 1979, 93 Stat. 

806; Pub. L. 96–342, title X, Sec. 1001(a)(1), (b)–(d)(1), Sept. 8, 1980, 94 Stat. 1117–1119; Pub. 

L. 96–513, title I, Sec. 102, title V, Sec. 511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97– 

22, Sec. 2(b), July 10, 1981, 95 Stat. 124; Pub. L. 97–86, title III, Sec. 302, title IX, Sec. 901(a), 

902, 903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L. 97–113, title I, Sec. 108(b), Dec. 29, 

1981, 95 Stat. 1524; Pub. L. 97–214, Sec. 4, July 12, 1982, 96 Stat. 170; Pub. L. 97–252, title 

IV, Sec. 402(a), title XI, Sec. 1103, 1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97–295, 

Sec. 1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–525, title XIV, Sec. 1405(2), Oct. 19, 1984, 

98 Stat. 2621; Pub. L. 99–145, title XII, Sec. 1208, title XIV, Sec. 1403, Nov. 8, 1985, 99 Stat. 

723, 743; renumbered Sec. 114 and amended Pub. L. 99–433, title I, Sec. 101(a)(2), 110(b)(1)– 

(9), (11), Oct. 1, 1986, 100 Stat. 994, 1001, 1002; Pub. L. 99–661, div. A, title I, Sec. 105(d), 

title XIII, Sec. 1304(a), Nov. 14, 1986, 100 Stat. 3827, 3979; Pub. L. 100–26, Sec. 7(j)(1), Apr. 

21, 1987, 101 Stat. 282; Pub. L. 100–180, div. A, title XII, Sec. 1203, Dec. 4, 1987, 101 Stat. 

1154; Pub. L. 101–189, div. A, title XVI, Sec. 1602(b), Nov. 29, 1989, 103 Stat. 1597; Pub. L. 

101–510, A, title XIV, Sec. 1481(a)(1), Nov. 5, 1990, 104 Stat. 1704; Pub. L. 104–106, div. A, 

title XV, Sec. 1501(c)(2), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104–201, div. A, title X, Sec. 1005, 

Sept. 23, 1996, 110 Stat. 2632.) 

[§ 114a. Renumbered 221] 

§ 115. Personnel strengths: requirement for annual authorization 

(a) ACTIVE-DUTY AND SELECTED RESERVE END STRENGTHS TO

BE AUTHORIZED BY LAW.—Congress shall authorize personnel 

strength levels for each fiscal year for each of the following: 

(1) The end strength for each of the armed forces (other 

than the Coast Guard) for (A) active-duty personnel who are to 

be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) activeduty personnel and full-time National Guard duty personnel 

who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty 

pursuant to subsection (b). 

(2) The end strength for the Selected Reserve of each reserve component of the armed forces. 

(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED BY

LAW.—(1) Congress shall annually authorize the maximum number 

of members of a reserve component permitted to be on active duty 

or full-time National Guard duty at any given time who are called 

or ordered to— 

(A) active duty under section 12301(d) of this title for the 

purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; 
25 § 115 CH. 2—DEPARTMENT OF DEFENSE 

(B) full-time National Guard duty under section 502(f)(2) 

of title 32 for the purpose of providing operational support 

when authorized by the Secretary of Defense; 

(C) active duty under section 12301(d) of this title or fulltime National Guard duty under section 502(f)(2) of title 32 for 

the purpose of preparing for and performing funeral honors 

functions for funerals of veterans under section 1491 of this 

title; 

(D) active duty or retained on active duty under sections 

12301(g) of this title while in a captive status; or 

(E) active duty or retained on active duty under 12301(h) 

or 12322 of this title for the purpose of medical evaluation or 

treatment. 

(2) A member of a reserve component who exceeds either of the 

following limits shall be included in the strength authorized under 

subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1): 

(A) A call or order to active duty or full-time National 

Guard duty that specifies a period greater than three years. 

(B) The cumulative periods of active duty and full-time National Guard duty performed by the member exceed 1095 days 

in the previous 1460 days. 

(3) In determining the period of active service under paragraph 

(2), the following periods of active service performed by a member 

shall not be included: 

(A) All periods of active duty performed by a member who 

has not previously served in the Selected Reserve of the Ready 

Reserve. 

(B) All periods of active duty or full-time National Guard 

duty for which the member is exempt from strength accounting 

under paragraphs (1) through (8) of subsection (i). 

(4) As part of the budget justification materials submitted by 

the Secretary of Defense to Congress in support of the end strength 

authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, 

the Secretary shall provide the following: 

(A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National 

Guard duty for operational support beyond each of the limits 

specified under subparagraphs (A) and (B) of paragraph (2) at 

the end of the fiscal year preceding the fiscal year for which 

the budget justification materials are submitted. 

(B) The number of members, specified by reserve component, on active duty for operational support who, at the end of 

the fiscal year for which the budget justification materials are 

submitted, are projected to be serving on active duty or fulltime National Guard duty for operational support beyond such 

limits. 

(C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the 

end strength authorizations requested under subparagraphs 

(A) and (B) of subsection (a)(1). 
§ 115 CH. 2—DEPARTMENT OF DEFENSE 26 

(D) A summary of the missions being performed by members identified under subparagraphs (A) and (B). 

(c) LIMITATION ON APPROPRIATIONS FOR MILITARY PER- SONNEL.—No funds may be appropriated for any fiscal year to or 

for— 

(1) the use of active-duty personnel or full-time National 

Guard duty personnel of any of the armed forces (other than 

the Coast Guard) unless the end strength for such personnel 

of that armed force for that fiscal year has been authorized by 

law; 

(2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been 

authorized by law; or 

(3) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) 

unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law. 

(d) MILITARY TECHNICIAN (DUAL STATUS) END STRENGTHS TO

BE AUTHORIZED BY LAW.—Congress shall authorize for each fiscal 

year the end strength for military technicians (dual status) for each 

reserve component of the Army and Air Force. Funds available to 

the Department of Defense for any fiscal year may not be used for 

the pay of a military technician (dual status) during that fiscal 

year unless the technician fills a position that is within the number 

of such positions authorized by law for that fiscal year for the reserve component of that technician. This subsection applies without 

regard to section 129 of this title. In each budget submitted by the 

President to Congress under section 1105 of title 31, the end 

strength requested for military technicians (dual status) for each 

reserve component of the Army and Air Force shall be specifically 

set forth. 

(e) END-OF-QUARTER STRENGTH LEVELS.—(1) The Secretary of 

Defense shall prescribe and include in the budget justification documents submitted to Congress in support of the President’s budget 

for the Department of Defense for any fiscal year the Secretary’s 

proposed end-of-quarter strengths for each of the first three quarters of the fiscal year for which the budget is submitted, in addition 

to the Secretary’s proposed fiscal-year end-strengths for that fiscal 

year. Such end-of-quarter strengths shall be submitted for each category of personnel for which end strengths are required to be authorized by law under subsection (a) or (d). The Secretary shall ensure that resources are provided in the budget at a level sufficient 

to support the end-of-quarter and fiscal-year end-strengths as submitted. 

(2)(A) After annual end-strength levels required by subsections 

(a) and (d) are authorized by law for a fiscal year, the Secretary 

of Defense shall promptly prescribe end-of-quarter strength levels 

for the first three quarters of that fiscal year applicable to each 

such end-strength level. Such end-of-quarter strength levels shall 

be established for any fiscal year as levels to be achieved in meeting each of those annual end-strength levels authorized by law in 

accordance with subsection (a) (as such levels may be adjusted pursuant to subsection (f)) and subsection (d). 
27 § 115 CH. 2—DEPARTMENT OF DEFENSE 

(B) At least annually, the Secretary of Defense shall establish 

for each of the armed forces (other than the Coast Guard) the maximum permissible variance of actual strength for an armed force at 

the end of any given quarter from the end-of-quarter strength established pursuant to subparagraph (A). Such variance shall be 

such that it promotes the maintaining of the strength necessary to 

achieve the end-strength levels authorized in accordance with subsection (a) (as adjusted pursuant to subsection (f)) and subsection 

(d). 

(3) Whenever the Secretary establishes an end-of-quarter 

strength level under subparagraph (A) of paragraph (2), or modifies 

a strength level under the authority provided in subparagraph (B) 

of paragraph (2), the Secretary shall notify the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that strength level or of 

that modification, as the case may be. 

(f) AUTHORITY FOR SECRETARY OF DEFENSE VARIANCES FOR ACTIVE-DUTY AND SELECTED RESERVE STRENGTHS.—Upon determination by the Secretary of Defense that such action is in the national 

interest, the Secretary may— 

(1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by 

a number equal to not more than 3 percent of that end 

strength; 

(2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by 

a number equal to not more than 2 percent of that end 

strength; 

(3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any 

of the reserve components by a number equal to not more than 

3 percent of that end strength; and 

(4) increase the maximum strength authorized pursuant to 

subsection (b)(1) for a fiscal year for certain reserves on active 

duty for any of the reserve components by a number equal to 

not more than 10 percent of that strength. 

(g) AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR ACTIVE-DUTY AND SELECTED RESERVE END STRENGTHS.—(1) Upon determination by the Secretary of a military department that such 

action would enhance manning and readiness in essential units or 

in critical specialties or ratings, the Secretary may— 

(A) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the 

jurisdiction of that Secretary or, in the case of the Secretary 

of the Navy, for any of the armed forces under the jurisdiction 

of that Secretary, by a number equal to not more than 2 percent of such authorized end strength; and 

(B) increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the 

reserve component of the armed force under the jurisdiction of 

that Secretary or, in the case of the Secretary of the Navy, for 

the Selected Reserve of the reserve component of any of the 

armed forces under the jurisdiction of that Secretary, by a 
§ 115 CH. 2—DEPARTMENT OF DEFENSE 28 

number equal to not more than 2 percent of such authorized 

end strength. 

(2) Any increase under paragraph (1)(A) of the end strength for 

an armed force for a fiscal year shall be counted as part of the increase for that armed force for that fiscal year authorized under 

subsection (f)(1). Any increase under paragraph (1)(B) of the end 

strength for the Selected Reserve of a reserve component of an 

armed force for a fiscal year shall be counted as part of the increase for that Selected Reserve for that fiscal year authorized 

under subsection (f)(3). 

(h) ADJUSTMENT WHEN COAST GUARD IS OPERATING AS A SERVICE IN THE NAVY.—The authorized strength of the Navy under subsection (a)(1) is increased by the authorized strength of the Coast 

Guard during any period when the Coast Guard is operating as a 

service in the Navy. 

(i) CERTAIN PERSONNEL EXCLUDED FROM COUNTING FOR ACTIVE-DUTY END STRENGTHS.—In counting personnel for the purpose 

of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded: 

(1) Members of a reserve component ordered to active duty 

under section 12301(a) of this title. 

(2) Members of a reserve component in an active status ordered to active duty under section 12301(b) of this title. 

(3) Members of the Ready Reserve ordered to active duty 

under section 12302 of this title. 

(4) Members of the Selected Reserve of the Ready Reserve 

or members of the Individual Ready Reserve mobilization category described in section 10144(b) of this title ordered to active duty under section 12304 of this title. 

(5) Members of the National Guard called into Federal 

service under section 12406 of this title. 

(6) Members of the militia called into Federal service 

under chapter 15 of this title. 

(7) Members of the National Guard on full-time National 

Guard duty under section 502(f)(1) of title 32. 

(8) Members of reserve components on active duty for 

training or full-time National Guard duty for training. 

(9) Members of the Selected Reserve of the Ready Reserve 

on active duty to support programs described in section 1203(b) 

of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 

5952(b)). 

(10) Members of the National Guard on active duty or fulltime National Guard duty for the purpose of carrying out drug 

interdiction and counter-drug activities under section 112 of 

title 32. 

(11) Members of a reserve component on active duty under 

section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 

App. 460(b)(2)) for the administration of the Selective Service 

System. 

(12) Members of the National Guard on full-time National 

Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32. 
29 § 115a CH. 2—DEPARTMENT OF DEFENSE 

(13) Members of the National Guard on full-time National 

Guard duty involuntarily and performing homeland defense activities under chapter 9 of title 32. 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1483(a), Nov. 5, 1990, 104 Stat. 1710; amended 

Pub. L. 102–190, div. A, title III, Sec. 312(a), Dec. 5, 1991, 105 Stat. 1335; Pub. L. 104–106, 

div. A, title IV, Secs. 401(c), 415, title V, Sec. 513(a)(1), title X, Sec. 1061(c), title XV, Sec. 

1501(c)(3), Feb. 10, 1996, 110 Stat. 286, 288, 305, 442, 498; Pub. L. 105–85, div. A, title IV, 

Sec. 413(b), title V, Sec. 522(i)(1), Nov. 18, 1997, 111 Stat. 1720, 1736; Pub. L. 106–65, div. A, 

title IV, Sec. 415, Oct. 5, 1999, 113 Stat. 587; Pub. L. 106–398, Sec. 1[[div. A], title IV, Sec. 

422], Oct. 30, 2000, 114 Stat. 1654, 1654A–96; Pub. L. 107–107, div. A, title IV, Secs. 421(a), 

422, Dec. 28, 2001, 115 Stat. 1076, 1077; Pub. L. 107–314, div. A, title IV, Sec. 403, Dec. 2, 

2002, 116 Stat. 2525; Pub. L. 108–136, div. A, title IV, Sec. 403(a), (b), Nov. 24, 2003, 117 Stat. 

1450, 1451; Pub. L. 108–375, div. A, title IV, Sec. 416(a)–(d), title V, Sec. 512(b), Oct. 28, 2004, 

118 Stat. 1866, 1867, 1880; Pub. L. 109–364, div. A, title X, Sec. 1071(a)(1), (g)(1)(A), Oct. 17, 

2006, 120 Stat. 2398, 2402; Pub. L. 110–181, div. A, title IV, Secs. 416(b), 417, Jan. 28, 2008, 

122 Stat. 91, 92; Pub. L. 111–84, div. A, title IV, Sec. 418, Oct. 28, 2009, 123 Stat. 2268.) 

§ 115a. Annual defense manpower requirements report 

(a) The Secretary of Defense shall submit to Congress an annual defense manpower requirements report. The report, which 

shall be in writing, shall be submitted each year not later than 45 

days after the date on which the President submits to Congress the 

budget for the next fiscal year under section 1105 of title 31. The 

report shall contain the Secretary’s recommendations for— 

(1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and 

(2) the annual civilian personnel end-strength level for 

each component of the Department of Defense for the next fiscal year. 

(b)(1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an 

explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time. 

(2) The justification and explanation shall specify in detail for 

all major military force units (including each land force division, 

carrier and other major combatant vessel, air wing, and other comparable unit) the following: 

(A) Unit mission and capability. 

(B) Strategy which the unit supports. 

(3) The justification and explanation shall also specify in detail 

the manpower required to perform the medical missions of each of 

the armed forces and of the Department of Defense. 

(c) The Secretary shall include in each report under subsection 

(a) a detailed discussion of the following: 

(1) The manpower required for support and overhead functions within the armed forces and the Department of Defense. 

(2) The relationship of the manpower required for support 

and overhead functions to the primary combat missions and 

support policies. 

(3) The manpower required to be stationed or assigned to 

duty in foreign countries and aboard vessels located outside 

the territorial limits of the United States, its territories, and 

possessions. 

(d) The Secretary shall also include in each such report, with 

respect to each armed force under the jurisdiction of the Secretary 

of a military department, the following: 
§ 115a CH. 2—DEPARTMENT OF DEFENSE 30 

(1) The number of positions that require warrant officers 

or commissioned officers serving on active duty in each of the 

officer grades during the current fiscal year and the estimated 

number of such positions for each of the next five fiscal years. 

(2) The estimated number of officers that will be serving 

on active duty in each grade on the last day of the current fiscal year and the estimated numbers of officers that will be 

needed on active duty on the last day of each of the next five 

fiscal years. 

(3) An estimate and analysis for the current fiscal year 

and for each of the next five fiscal years of gains to and losses 

from the number of members on active duty in each officer 

grade, including a tabulation of— 

(A) retirements displayed by year of active commissioned service; 

(B) discharges; 

(C) other separations; 

(D) deaths; 

(E) promotions; and 

(F) reserve and regular officers ordered to active duty. 

(e)(1) In each such report, the Secretary shall also include recommendations for the end-strength levels for medical personnel for 

each component of the armed forces as of the end of the next fiscal 

year. 

(2) For purposes of this subsection, the term ‘‘medical personnel’’ includes— 

(A) in the case of the Army, members of the Medical 

Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps; 

(B) in the case of the Navy, members of the Medical Corps, 

Dental Corps, Nurse Corps, and Medical Service Corps; 

(C) in the case of the Air Force, members designated as 

medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers; 

(D) enlisted members engaged in or supporting medically 

related activities; and 

(E) such other personnel as the Secretary considers appropriate. 

(f) The Secretary shall also include in each such report the following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities: 

(1) The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters 

activities for the preceding fiscal year and estimates of such 

numbers for the current fiscal year and subsequent fiscal 

years. 

(2) A summary of the replacement during the preceding 

fiscal year of contract workyears providing support to major 

Department of Defense headquarters activities with military 

end strength or civilian full-time equivalents, including an estimate of the number of contract workyears associated with the 

replacement of contracts performing inherently governmental 

or exempt functions. 
31 § 115b CH. 2—DEPARTMENT OF DEFENSE 

(3) The plan for the continued review of contract personnel 

supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance 

in accordance with section 2463 of this title. 

(4) The amount of any adjustment in the limitation on personnel made by the Secretary of Defense or the Secretary of a 

military department, and, for each adjustment made pursuant 

to section 1111(b)(2) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note), 

the purpose of the adjustment. 

[(g) Redesignated (e)] 

(h) In each such report, the Secretary shall include a separate 

report on the Army and Air Force military technician programs. 

The report shall include a presentation, shown by reserve component and shown both as of the end of the preceding fiscal year and 

for the next fiscal year, of the following (displayed in the aggregate 

and separately for military technicians (dual status) and non-dual 

status military technicians): 

(1) The number of military technicians required to be employed (as specified in accordance with Department of Defense 

procedures), the number authorized to be employed under Department of Defense personnel procedures, and the number actually employed. 

(2) Within each of the numbers under paragraph (1)— 

(A) the number applicable to a reserve component 

management headquarter organization; and 

(B) the number applicable to high-priority units and 

organizations (as specified in section 10216(a) of this title). 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1483(a), Nov. 5, 1990, 104 Stat. 1711; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(a)(1), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 104–106, 

div. A, title V, Sec. 513(e), title X, Sec. 1061(d), Feb. 10, 1996, 110 Stat. 307, 442; Pub. L. 105– 

85, div. A, title V, Sec. 522(i)(2), Nov. 18, 1997, 111 Stat. 1736; Pub. L. 105–261, div. A, title 

IV, Sec. 403, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 111–84, div. A, title XI, Sec. 1109(b)(1)– 

(2)(B)(i), Oct. 28, 2009, 123 Stat. 2492, 2493.) 

§ 115b. Annual strategic workforce plan 

(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of Defense 

shall submit to the congressional defense committees on an annual 

basis a strategic workforce plan to shape and improve the civilian 

employee workforce of the Department of Defense. 

(2) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for developing and implementing the strategic workforce plan, in consultation with the 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(b) CONTENTS.—Each strategic workforce plan under subsection (a) shall include, at a minimum, the following: 

(1) An assessment of— 

(A) the critical skills and competencies that will be 

needed in the future within the civilian employee workforce by the Department of Defense to support national security requirements and effectively manage the Department during the seven-year period following the year in 

which the plan is submitted; 
§ 115b CH. 2—DEPARTMENT OF DEFENSE 32 

(B) the appropriate mix of military, civilian, and contractor personnel capabilities; 

(C) the critical skills and competencies of the existing 

civilian employee workforce of the Department and projected trends in that workforce based on expected losses 

due to retirement and other attrition; and 

(D) gaps in the existing or projected civilian employee 

workforce of the Department that should be addressed to 

ensure that the Department has continued access to the 

critical skills and competencies described in subparagraphs 

(A) and (C). 

(2) A plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps 

in critical skills and competencies identified under paragraph 

(1)(D), including— 

(A) specific recruiting and retention goals, especially in 

areas identified as critical skills and competencies under 

paragraph (1), including the program objectives of the Department to be achieved through such goals and the funding needed to achieve such goals; 

(B) specific strategies for developing, training, deploying, compensating, and motivating the civilian employee 

workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; 

(C) any incentives necessary to attract or retain any 

civilian personnel possessing the skills and competencies 

identified under paragraph (1); 

(D) any changes in the number of personnel authorized in any category of personnel listed in subsection (f)(1) 

or in the acquisition workforce that may be needed to address such gaps and effectively meet the needs of the Department; 

(E) any changes in resources or in the rates or methods of pay for any category of personnel listed in subsection (f)(1) or in the acquisition workforce that may be 

needed to address inequities and ensure that the Department has full access to appropriately qualified personnel to 

address such gaps and meet the needs of the Department; 

and 

(F) any legislative changes that may be necessary to 

achieve the goals referred to in subparagraph (A). 

(3) An assessment, using results-oriented performance 

measures, of the progress of the Department in implementing 

the strategic workforce plan under this section during the previous year. 

(4) Any additional matters the Secretary of Defense considers necessary to address. 

(c) SENIOR MANAGEMENT, FUNCTIONAL, AND TECHNICAL WORKFORCE.—(1) Each strategic workforce plan under subsection (a) 

shall include a separate chapter to specifically address the shaping 

and improvement of the senior management, functional, and tech-
33 § 115b CH. 2—DEPARTMENT OF DEFENSE 

nical workforce (including scientists and engineers) of the Department of Defense. 

(2) For purposes of paragraph (1), each plan shall include, with 

respect to such senior management, functional, and technical workforce— 

(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1); 

(B) a plan of action meeting the requirements set forth in 

subparagraphs (A) through (F) of subsection (b)(2); 

(C) specific strategies for developing, training, deploying, 

compensating, motivating, and designing career paths and career opportunities; and 

(D) specific steps that the Department has taken or plans 

to take to ensure that such workforce is managed in compliance with the requirements of section 129 of this title. 

(d) DEFENSE ACQUISITION WORKFORCE.—(1) Each strategic 

workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the defense acquisition workforce, including both military and civilian 

personnel. 

(2) For purposes of paragraph (1), each plan shall include, with 

respect to the defense acquisition workforce— 

(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1); 

(B) a plan of action meeting the requirements set forth in 

subparagraphs (A) through (F) of subsection (b)(2); 

(C) specific steps that the Department has taken or plans 

to take to develop appropriate career paths for civilian employees in the acquisition field and to implement the requirements 

of section 1722a of this title with regard to members of the 

armed forces in the acquisition field; and 

(D) a plan for funding needed improvements in the acquisition workforce of the Department through the period of the future-years defense program, including— 

(i) the funding programmed for defense acquisition 

workforce improvements, including a specific identification 

of funding provided in the Department of Defense Acquisition Workforce Fund established under section 1705 of this 

title, along with a description of how such funding is being 

implemented and whether it is being fully used; and 

(ii) a description of any continuing shortfalls in funding available for the acquisition workforce. 

(e) SUBMITTALS BY SECRETARIES OF THE MILITARY DEPARTMENTS AND HEADS OF THE DEFENSE AGENCIES.—The Secretary of 

Defense shall require the Secretary of each military department 

and the head of each Defense Agency to submit a report to the Secretary addressing each of the matters described in this section. The 

Secretary of Defense shall establish a deadline for the submittal of 

reports under this subsection that enables the Secretary to consider 

the material submitted in a timely manner and incorporate such 

material, as appropriate, into the strategic workforce plan required 

by this section. 

(f) DEFINITIONS.—In this section: 
§ 116 CH. 2—DEPARTMENT OF DEFENSE 34 

(1) The term ‘‘senior management, functional, and technical workforce of the Department of Defense’’ includes the following categories of Department of Defense civilian personnel: 

(A) Appointees in the Senior Executive Service under 

section 3131 of title 5. 

(B) Persons serving in positions described in section 

5376(a) of title 5. 

(C) Highly qualified experts appointed pursuant to 

section 9903 of title 5. 

(D) Scientists and engineers appointed pursuant to 

section 342(b) of the National Defense Authorization Act 

for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 

as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as 

enacted into law by Public Law 106–398 (114 Stat. 1654A– 

315)). 

(E) Scientists and engineers appointed pursuant to 

section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). 

(F) Persons serving in the Defense Intelligence Senior 

Executive Service under section 1606 of this title. 

(G) Persons serving in Intelligence Senior Level positions under section 1607 of this title. 

(2) The term ‘‘acquisition workforce’’ includes individuals 

designated under section 1721 as filling acquisition positions. 

(Added Pub. L. 111–84, div. A, title XI, Sec. 1108(a)(1), Oct. 28, 2009, 123 Stat. 2488. 

§ 116. Annual operations and maintenance report 

(a)(1) The Secretary of Defense shall submit to Congress a 

written report, not later than February 15 of each fiscal year, with 

respect to the operations and maintenance of the Army, Navy, Air 

Force, and Marine Corps for the next fiscal year. The Secretary 

shall include in each such report recommendations for— 

(A) the number of aircraft flying hours for the Army, Navy, 

Air Force, and Marine Corps for the next fiscal year, the number of ship steaming hours for the Navy for the next fiscal 

year, and the number of field training days for the combat 

arms battalions of the Army and Marine Corps for the next fiscal year; 

(B) the number of ships over 3,000 tons (full load displacement) in each Navy ship classification on which major repair 

work should be performed during the next fiscal year; and 

(C) the number of airframe reworks, aircraft engine reworks, and vehicle overhauls which should be performed by the 

Army, Navy, Air Force, and Marine Corps during the next fiscal year. 

(2) The Secretary shall also include in each such report the justification for and an explanation of the level of funding recommended in the Budget of the President for the next fiscal year 

for aircraft flying hours, ship steaming hours, field training days 

for the combat arms battalions, major repair work to be performed 

on ships of the Navy, airframe reworks, aircraft engine reworks, 

and vehicle overhauls. 

(b) In this section: 
35 § 117 CH. 2—DEPARTMENT OF DEFENSE 

(1) The term ‘‘combat arms battalions’’ means armor, infantry, mechanized infantry, air assault infantry, airborne infantry, ranger, artillery, and combat engineer battalions and 

armored cavalry and air cavalry squadrons. 

(2) The term ‘‘major repair work’’ means, in the case of any 

ship to which subsection (a) is applicable, any overhaul, modification, alteration, or conversion work which will result in a 

total cost to the United States of more than $10,000,000. 

(Added Pub. L. 96–342, title X, Sec. 1001(b)(3), (c)(2), Sept. 8, 1980, 94 Stat. 1118, 1119, Sec. 

138(e), (f)(2); amended Pub. L. 96–513, title V, Sec. 511(4)(B), Dec. 12, 1980, 94 Stat. 2920; Pub. 

L. 97–86, title III, Sec. 302, Dec. 1, 1981, 95 Stat. 1104; renumbered Sec. 116 and amended Pub. 

L. 99–433, title I, Sec. 101(a)(2), 110(b)(6), (7), (9), (10), Oct. 1, 1986, 100 Stat. 994, 1002; Pub. 

L. 105–85, div. A, title X, Sec. 1073(a)(3), Nov. 18, 1997, 111 Stat. 1900.) 

§ 117. Readiness reporting system: establishment; reporting 

to congressional committees 

(a) REQUIRED READINESS REPORTING SYSTEM.—The Secretary 

of Defense shall establish a comprehensive readiness reporting system for the Department of Defense. The readiness reporting system 

shall measure in an objective, accurate, and timely manner the capability of the armed forces to carry out— 

(1) the National Security Strategy prescribed by the President in the most recent annual national security strategy report under section 108 of the National Security Act of 1947 (50 

U.S.C. 404a); 

(2) the defense planning guidance provided by the Secretary of Defense pursuant to section 113(g) of this title; and 

(3) the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff. 

(b) READINESS REPORTING SYSTEM CHARACTERISTICS.—In establishing the readiness reporting system, the Secretary shall ensure— 

(1) that the readiness reporting system is applied uniformly throughout the Department of Defense; 

(2) that information in the readiness reporting system is 

continually updated, with (A) any change in the overall readiness status of a unit that is required to be reported as part of 

the readiness reporting system being reported within 24 hours 

of the event necessitating the change in readiness status, and 

(B) any change in the overall readiness status of an element 

of the training establishment or an element of defense infrastructure that is required to be reported as part of the readiness reporting system being reported within 72 hours of the 

event necessitating the change in readiness status; and 

(3) that sufficient resources are provided to establish and 

maintain system so as to allow reporting of changes in readiness status as required by this section. 

(c) CAPABILITIES.—The readiness reporting system shall measure such factors relating to readiness as the Secretary prescribes, 

except that the system shall include the capability to do each of the 

following: 

(1) Measure, on a monthly basis, the capability of units 

(both as elements of their respective armed force and as elements of joint forces) to conduct their assigned wartime missions. 
§ 117 CH. 2—DEPARTMENT OF DEFENSE 36 

(2) Measure, on an annual basis, the capability of training 

establishments to provide trained and ready forces for wartime 

missions. 

(3) Measure, on an annual basis, the capability of defense 

installations and facilities and other elements of Department of 

Defense infrastructure, both in the United States and abroad, 

to provide appropriate support to forces in the conduct of their 

wartime missions. 

(4) Measure, on a monthly basis, critical warfighting deficiencies in unit capability. 

(5) Measure, on an annual basis, critical warfighting deficiencies in training establishments and defense infrastructure. 

(6) Measure, on a monthly basis, the level of current risk 

based upon the readiness reporting system relative to the capability of forces to carry out their wartime missions. 

(7) Measure, on a quarterly basis, the extent to which 

units of the armed forces remove serviceable parts, supplies, or 

equipment from one vehicle, vessel, or aircraft in order to 

render a different vehicle, vessel, or aircraft operational. 

(d) QUARTERLY AND MONTHLY JOINT READINESS REVIEWS.—(1) 

The Chairman of the Joint Chiefs of Staff shall— 

(A) on a quarterly basis, conduct a joint readiness review; 

and 

(B) on a monthly basis, review any changes that have been 

reported in readiness since the previous joint readiness review. 

(2) The Chairman shall incorporate into both the joint readiness review required under paragraph (1)(A) and the monthly review required under paragraph (1)(B) the current information derived from the readiness reporting system and shall assess the capability of the armed forces to execute their wartime missions 

based upon their posture at the time the review is conducted. The 

Chairman shall submit to the Secretary of Defense the results of 

each review under paragraph (1), including the deficiencies in readiness identified during that review. 

(e) SUBMISSION TO CONGRESSIONAL COMMITTEES.—The Secretary shall each quarter submit to the congressional defense committees a report in writing containing the results of the most recent joint readiness review under subsection (d)(1)(A), including the 

current information derived from the readiness reporting system. 

Each such report shall be submitted in unclassified form and may, 

as the Secretary determines necessary, also be submitted in classified form. 

(f) REGULATIONS.—The Secretary shall prescribe regulations to 

carry out this section. In those regulations, the Secretary shall prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting, and the elements of the training establishment and of defense 

infrastructure that are subject to such reporting. 

(Added Pub. L. 105–261, div. A, title III, Sec. 373(a)(1), Oct. 17, 1998, 112 Stat. 1990; amended 

Pub. L. 106–65, div. A, title III, Sec. 361(d)(1), title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 575, 

774; Pub. L. 106–398, Sec. 1[[div. A], title III, Sec. 371], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

80; Pub. L. 108–136, div. A, title X, Sec. 1031(a)(1), Nov. 24, 2003, 117 Stat. 1595.) 
37 § 118 CH. 2—DEPARTMENT OF DEFENSE 

§ 118. Quadrennial defense review 

(a) REVIEW REQUIRED.—The Secretary of Defense shall every 

four years, during a year following a year evenly divisible by four, 

conduct a comprehensive examination (to be known as a ‘‘quadrennial defense review’’) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and 

other elements of the defense program and policies of the United 

States with a view toward determining and expressing the defense 

strategy of the United States and establishing a defense program 

for the next 20 years. Each such quadrennial defense review shall 

be conducted in consultation with the Chairman of the Joint Chiefs 

of Staff. 

(b) CONDUCT OF REVIEW.—Each quadrennial defense review 

shall be conducted so as— 

(1) to delineate a national defense strategy consistent with 

the most recent National Security Strategy prescribed by the 

President pursuant to section 108 of the National Security Act 

of 1947 (50 U.S.C. 404a); 

(2) to define sufficient force structure, force modernization 

plans, infrastructure, budget plan, and other elements of the 

defense program of the United States associated with that national defense strategy that would be required to execute successfully the full range of missions called for in that national 

defense strategy; 

(3) to identify (A) the budget plan that would be required 

to provide sufficient resources to execute successfully the full 

range of missions called for in that national defense strategy 

at a low-to-moderate level of risk, and (B) any additional resources (beyond those programmed in the current future-years 

defense program) required to achieve such a level of risk; and 

(4) to make recommendations that are not constrained to 

comply with the budget submitted to Congress by the President pursuant to section 1105 of title 31. 

(c) ASSESSMENT OF RISK.—The assessment of risk for the purposes of subsection (b) shall be undertaken by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of 

Staff. That assessment shall define the nature and magnitude of 

the political, strategic, and military risks associated with executing 

the missions called for under the national defense strategy. 

(d) SUBMISSION OF QDR TO CONGRESSIONAL COMMITTEES.— 

The Secretary shall submit a report on each quadrennial defense 

review to the Committees on Armed Services of the Senate and the 

House of Representatives. The report shall be submitted in the 

year following the year in which the review is conducted, but not 

later than the date on which the President submits the budget for 

the next fiscal year to Congress under section 1105(a) of title 31. 

The report shall include the following: 

(1) The results of the review, including a comprehensive 

discussion of the national defense strategy of the United 

States, the strategic planning guidance, and the force structure 

best suited to implement that strategy at a low-to-moderate 

level of risk. 
§ 118 CH. 2—DEPARTMENT OF DEFENSE 38 

(2) The assumed or defined national security interests of 

the United States that inform the national defense strategy defined in the review. 

(3) The threats to the assumed or defined national security 

interests of the United States that were examined for the purposes of the review and the scenarios developed in the examination of those threats. 

(4) The assumptions used in the review, including assumptions relating to— 

(A) the status of readiness of United States forces; 

(B) the cooperation of allies, mission-sharing and additional benefits to and burdens on United States forces resulting from coalition operations; 

(C) warning times; 

(D) levels of engagement in operations other than war 

and smaller-scale contingencies and withdrawal from such 

operations and contingencies; and 

(E) the intensity, duration, and military and political 

end-states of conflicts and smaller-scale contingencies. 

(5) The effect on the force structure and on readiness for 

high-intensity combat of preparations for and participation in 

operations other than war and smaller-scale contingencies. 

(6) The manpower and sustainment policies required 

under the national defense strategy to support engagement in 

conflicts lasting longer than 120 days. 

(7) The anticipated roles and missions of the reserve components in the national defense strategy and the strength, capabilities, and equipment necessary to assure that the reserve 

components can capably discharge those roles and missions. 

(8) The appropriate ratio of combat forces to support forces 

(commonly referred to as the ‘‘tooth-to-tail’’ ratio) under the national defense strategy, including, in particular, the appropriate number and size of headquarters units and Defense 

Agencies for that purpose. 

(9) The specific capabilities, including the general number 

and type of specific military platforms, needed to achieve the 

strategic and warfighting objectives identified in the review. 

(10) The strategic and tactical air-lift, sea-lift, and ground 

transportation capabilities required to support the national defense strategy. 

(11) The forward presence, pre-positioning, and other anticipatory deployments necessary under the national defense 

strategy for conflict deterrence and adequate military response 

to anticipated conflicts. 

(12) The extent to which resources must be shifted among 

two or more theaters under the national defense strategy in 

the event of conflict in such theaters. 

(13) The advisability of revisions to the Unified Command 

Plan as a result of the national defense strategy. 

(14) The effect on force structure of the use by the armed 

forces of technologies anticipated to be available for the ensuing 20 years. 

(15) The national defense mission of the Coast Guard. 
39 § 118 CH. 2—DEPARTMENT OF DEFENSE 

(16) The homeland defense and support to civil authority 

missions of the active and reserve components, including the 

organization and capabilities required for the active and reserve components to discharge each such mission. 

(17) Any other matter the Secretary considers appropriate. 

(e) CJCS REVIEW.—(1) Upon the completion of each review 

under subsection (a), the Chairman of the Joint Chiefs of Staff 

shall prepare and submit to the Secretary of Defense the Chairman’s assessment of the review, including the Chairman’s assessment of risk and a description of the capabilities needed to address 

such risk. 

(2) The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report. The 

Secretary shall include the Chairman’s assessment, together with 

the Secretary’s comments, in the report in its entirety. 

(f) NATIONAL DEFENSE PANEL.— (1) ESTABLISHMENT.—Not later than February 1 of a year 

in which a quadrennial defense review is conducted under this 

section, there shall be established an independent panel to be 

known as the National Defense Panel (in this subsection referred to as the ‘‘Panel’’). The Panel shall have the duties set 

forth in this subsection. 

(2) MEMBERSHIP.—The Panel shall be composed of ten 

members from private civilian life who are recognized experts 

in matters relating to the national security of the United 

States. Eight of the members shall be appointed as follows: 

(A) Two by the chairman of the Committee on Armed 

Services of the House of Representatives. 

(B) Two by the chairman of the Committee on Armed 

Services of the Senate. 

(C) Two by the ranking member of the Committee on 

Armed Services of the House of Representatives. 

(D) Two by the ranking member of the Committee on 

Armed Services of the Senate. 

(3) CO-CHAIRS OF THE PANEL.—In addition to the members 

appointed under paragraph (2), the Secretary of Defense shall 

appoint two members from private civilian life to serve as cochairs of the panel. 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Panel. Any vacancy in the Panel 

shall be filled in the same manner as the original appointment. 

(5) DUTIES.—The Panel shall have the following duties 

with respect to a quadrennial defense review: 

(A) While the review is being conducted, the Panel 

shall review the updates from the Secretary of Defense required under paragraph (8) on the conduct of the review. 

(B) The Panel shall— 

(i) review the Secretary of Defense’s terms of reference and any other materials providing the basis for, 

or substantial inputs to, the work of the Department 

of Defense on the quadrennial defense review; 

(ii) conduct an assessment of the assumptions, 

strategy, findings, and risks of the report on the quadrennial defense review required in subsection (d), with 
§ 118 CH. 2—DEPARTMENT OF DEFENSE 40 

particular attention paid to the risks described in that 

report; 

(iii) conduct an independent assessment of a variety of possible force structures of the armed forces, including the force structure identified in the report on 

the quadrennial defense review required in subsection 

(d); 

(iv) review the resource requirements identified 

pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the forces contemplated under 

the force structures assessed under this subparagraph; 

and 

(v) provide to Congress and the Secretary of Defense, through the report under paragraph (7), any 

recommendations it considers appropriate for their 

consideration. 

(6) FIRST MEETING.—If the Secretary of Defense has not 

made the Secretary’s appointments to the Panel under paragraph (3) by February 1 of a year in which a quadrennial defense review is conducted under this section, the Panel shall 

convene for its first meeting with the remaining members. 

(7) REPORT.—Not later than 3 months after the date on 

which the report on a quadrennial defense review is submitted 

under subsection (d) to the congressional committees named in 

that subsection, the Panel established under paragraph (1) 

shall submit to those committees an assessment of the quadrennial defense review, including a description of the items addressed under paragraph (5) with respect to that quadrennial 

defense review. 

(8) UPDATES FROM SECRETARY OF DEFENSE.—The Secretary 

of Defense shall ensure that periodically, but not less often 

than every 60 days, or at the request of the co-chairs, the Department of Defense briefs the Panel on the progress of the 

conduct of a quadrennial defense review under subsection (a). 

(9) ADMINISTRATIVE PROVISIONS.— 

(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or 

agency concerned shall cooperate with the Panel to ensure 

that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical. 

(B) Upon the request of the co-chairs, the Secretary of 

Defense shall make available to the Panel the services of 

any federally funded research and development center that 

is covered by a sponsoring agreement of the Department of 

Defense. 

(C) The Panel shall have the authorities provided in 

section 3161 of title 5 and shall be subject to the conditions 

set forth in such section. 

(D) Funds for activities of the Panel shall be provided 

from amounts available to the Department of Defense. 
41 § 118 CH. 2—DEPARTMENT OF DEFENSE 

(10) TERMINATION.—The Panel for a quadrennial defense 

review shall terminate 45 days after the date on which the 

Panel submits its final report on the quadrennial defense review under paragraph (7). 

(g) CONSIDERATION OF EFFECT OF CLIMATE CHANGE ON DE- PARTMENT FACILITIES, CAPABILITIES, AND MISSIONS.—(1) The first 

national security strategy and national defense strategy prepared 

after January 28, 2008, shall include guidance for military planners— 

(A) to assess the risks of projected climate change to current and future missions of the armed forces; 

(B) to update defense plans based on these assessments, 

including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant research and development; and 

(C) to develop the capabilities needed to reduce future impacts. 

(2) The first quadrennial defense review prepared after January 28, 2008, shall also examine the capabilities of the armed 

forces to respond to the consequences of climate change, in particular, preparedness for natural disasters from extreme weather 

events and other missions the armed forces may be asked to support inside the United States and overseas. 

(3) For planning purposes to comply with the requirements of 

this subsection, the Secretary of Defense shall use— 

(A) the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change; 

(B) subsequent mid-range consensus climate projections if 

more recent information is available when the next national 

security strategy, national defense strategy, or quadrennial defense review, as the case may be, is conducted; and 

(C) findings of appropriate and available estimations or 

studies of the anticipated strategic, social, political, and economic effects of global climate change and the implications of 

such effects on the national security of the United States. 

(4) In this subsection, the term ‘‘national security strategy’’ 

means the annual national security strategy report of the President 

under section 108 of the National Security Act of 1947 (50 U.S.C. 

404a). 

(h) RELATIONSHIP TO BUDGET.—Nothing in this section shall be 

construed to affect section 1105(a) of title 31. 

(i) INTERAGENCY OVERSEAS BASING REPORT.—(1) Not later 

than 90 days after submitting a report on a quadrennial defense 

review under subsection (d), the Secretary of Defense shall submit 

to the congressional defense committees a report detailing how the 

results of the assessment conducted as part of such review will impact— 

(A) the status of overseas base closure and realignment actions undertaken as part of a global defense posture realignment strategy; and 

(B) the status of development and execution of comprehensive master plans for overseas military main operating bases, 

forward operating sites, and cooperative security locations of 

the global defense posture of the United States. 
§ 118a CH. 2—DEPARTMENT OF DEFENSE 42 

(2) A report under paragraph (1) shall include any recommendations for additional closures or realignments of military 

installations outside of the United States and any comments resulting from an interagency review of these plans that includes the Department of State and other relevant Federal departments and 

agencies. 

(Added Pub. L. 106–65, div. A, title IX, Sec. 901(a)(1), Oct. 5, 1999, 113 Stat. 715; amended Pub. 

L. 107–107, div. A, title IX, Sec. 921(a), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. 

A, title IX, Secs. 922, 923, Dec. 2, 2002, 116 Stat. 2623; Pub. L. 109–364, div. A, title X, Sec. 

1031(c)–(f), Oct. 17, 2006, 120 Stat. 2385, 2386; Pub. L. 110–181, div. A, title IX, Secs. 941(b), 

951(a), Jan. 28, 2008, 122 Stat. 287, 290; Pub. L. 111–84, div. A, title X, Secs. 1002, 1073(a)(2), 

div. B, title XXVIII, Sec. 2822(b), Oct. 28, 2009, 123 Stat. 2439, 2472, 2666; Pub. L. 111–383, 

div. A, title X, Sec. 1071, Jan. 7, 2011, 124 Stat. 4364.) 

§ 118a. Quadrennial quality of life review 

(a) REVIEW REQUIRED.—(1) The Secretary of Defense shall 

every four years conduct a comprehensive examination of the quality of life of the members of the armed forces (to be known as the 

‘‘quadrennial quality of life review’’). The review shall include examination of the programs, projects, and activities of the Department of Defense, including the morale, welfare, and recreation activities. 

(2) The quadrennial quality of life review shall be designed to 

result in determinations, and to foster policies and actions, that reflect the priority given the quality of life of members of the armed 

forces as a primary concern of the Department of Defense leadership. 

(b) CONDUCT OF REVIEW.—Each quadrennial quality of life review shall be conducted so as— 

(1) to assess quality of life priorities and issues consistent 

with the most recent National Security Strategy prescribed by 

the President pursuant to section 108 of the National Security 

Act of 1947 (50 U.S.C. 404a); 

(2) to identify actions that are needed in order to provide 

members of the armed forces with the quality of life reasonably 

necessary to encourage the successful execution of the full 

range of missions that the members are called on to perform 

under the national security strategy; and 

(3) to identify other actions that have the potential for improving the quality of life of the members of the armed forces. 

(c) CONSIDERATIONS.—The Secretary shall consider addressing 

the following matters as part of the quadrennial quality of life review: 

(1) Infrastructure. 

(2) Military construction. 

(3) Physical conditions at military installations and other 

Department of Defense facilities. 

(4) Budget plans. 

(5) Adequacy of medical care for members of the armed 

forces and their dependents. 

(6) Adequacy of housing and the basic allowance for housing and basic allowance for subsistence. 

(7) Housing-related utility costs. 

(8) Educational opportunities and costs. 

(9) Length of deployments. 
43 § 118b CH. 2—DEPARTMENT OF DEFENSE 

(10) Rates of pay and pay differentials between the pay of 

members and the pay of civilians. 

(11) Retention and recruiting efforts. 

(12) Workplace safety. 

(13) Support services for spouses and children. 

(14) Other elements of Department of Defense programs 

and Government policies and programs that affect the quality 

of life of members. 

(d) SUBMISSION TO CONGRESSIONAL COMMITTEES.—(1) The Secretary shall submit a report on each quadrennial quality of life review to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives. The 

report shall include the following: 

(A) The assumptions used in the review. 

(B) The results of the review, including a comprehensive 

discussion of how the quality of life of members of the armed 

forces affects the national security strategy of the United 

States. 

(2) The report shall be submitted in the year following the year 

in which the review is conducted, but not later than the date on 

which the President submits the budget for the next fiscal year to 

Congress under section 1105(a) of title 31. 

(Added Pub. L. 107–314, div. A, title V, Sec. 581(a)(1), Dec. 2, 2002, 116 Stat. 2559.) 

§ 118b. Quadrennial roles and missions review 

(a) REVIEW REQUIRED.—The Secretary of Defense shall every 

four years conduct a comprehensive assessment (to be known as 

the ‘‘quadrennial roles and missions review’’) of the roles and missions of the armed forces and the core competencies and capabilities of the Department of Defense to perform and support such 

roles and missions. 

(b) INDEPENDENT MILITARY ASSESSMENT OF ROLES AND MIS- SIONS.—(1) In each year in which the Secretary of Defense is required to conduct a comprehensive assessment pursuant to subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare 

and submit to the Secretary the Chairman’s assessment of the 

roles and missions of the armed forces and the assignment of functions to the armed forces, together with any recommendations for 

changes in assignment that the Chairman considers necessary to 

achieve maximum efficiency and effectiveness of the armed forces. 

(2) The Chairman’s assessment shall be conducted so as to— 

(A) organize the significant missions of the armed forces 

into core mission areas that cover broad areas of military activity; 

(B) ensure that core mission areas are defined and functions are assigned so as to avoid unnecessary duplication of effort among the armed forces; and 

(C) provide the Chairman’s recommendations with regard 

to issues to be addressed by the Secretary of Defense under 

subsection (c). 

(c) IDENTIFICATION OF CORE MISSION AREAS AND CORE COMPETENCIES AND CAPABILITIES.—Upon receipt of the Chairman’s assessment, and after giving appropriate consideration to the Chairman’s recommendations, the Secretary of Defense shall identify— 
§ 119 CH. 2—DEPARTMENT OF DEFENSE 44 

(1) the core mission areas of the armed forces; 

(2) the core competencies and capabilities that are associated with the performance or support of a core mission area 

identified pursuant to paragraph (1); 

(3) the elements of the Department of Defense (including 

any other office, agency, activity, or command described in section 111(b) of this title) that are responsible for providing the 

core competencies and capabilities required to effectively perform the core missions identified pursuant to paragraph (1); 

(4) any gaps in the ability of the elements (or other office, 

agency activity, or command) of the Department of Defense to 

provide core competencies and capabilities required to effectively perform the core missions identified pursuant to paragraph (1); 

(5) any unnecessary duplication of core competencies and 

capabilities between defense components; and 

(6) a plan for addressing any gaps or unnecessary duplication identified pursuant to paragraph (4) or paragraph (5). 

(d) REPORT.—The Secretary shall submit a report on the quadrennial roles and missions review to the Committees on Armed 

Services of the Senate and the House of Representatives. The report shall be submitted in the year following the year in which the 

review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under 

section 1105(a) of title 31. 

(Added Pub. L. 110–181, div. A, title IX, Sec. 941(a), Jan. 28, 2008, 122 Stat. 286.) 

§ 119. Special access programs: congressional oversight 

(a)(1) Not later than March 1 of each year, the Secretary of Defense shall submit to the defense committees a report on special access programs. 

(2) Each such report shall set forth— 

(A) the total amount requested for special access programs 

of the Department of Defense in the President’s budget for the 

next fiscal year submitted under section 1105 of title 31; and 

(B) for each program in that budget that is a special access 

program— 

(i) a brief description of the program; 

(ii) a brief discussion of the major milestones established for the program; 

(iii) the actual cost of the program for each fiscal year 

during which the program has been conducted before the 

fiscal year during which that budget is submitted; and 

(iv) the estimated total cost of the program and the estimated cost of the program for (I) the current fiscal year, 

(II) the fiscal year for which the budget is submitted, and 

(III) each of the four succeeding fiscal years during which 

the program is expected to be conducted. 

(3) In the case of a report under paragraph (1) submitted in 

a year during which the President’s budget for the next fiscal year, 

because of multiyear budgeting for the Department of Defense, 

does not include a full budget request for the Department of Defense, the report required by paragraph (1) shall set forth— 
45 § 119 CH. 2—DEPARTMENT OF DEFENSE 

(A) the total amount already appropriated for the next fiscal year for special access programs of the Department of Defense and any additional amount requested in that budget for 

such programs for such fiscal year; and 

(B) for each program of the Department of Defense that is 

a special access program, the information specified in paragraph (2)(B). 

(b)(1) Not later than February 1 of each year, the Secretary of 

Defense shall submit to the defense committees a report that, with 

respect to each new special access program, provides— 

(A) notice of the designation of the program as a special 

access program; and 

(B) justification for such designation. 

(2) A report under paragraph (1) with respect to a program 

shall include— 

(A) the current estimate of the total program cost for the 

program; and 

(B) an identification of existing programs or technologies 

that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice. 

(3) In this subsection, the term ‘‘new special access program’’ 

means a special access program that has not previously been covered in a notice and justification under this subsection. 

(c)(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made 

or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made 

public, the Secretary of Defense shall submit to the defense committees a report containing a description of the proposed change, 

the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed 

change. 

(2) Except as provided in paragraph (3), any report referred to 

in paragraph (1) shall be submitted not less than 14 days before 

the date on which the proposed change or public announcement is 

to occur. 

(3) If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with 

respect to a proposed change or public announcement concerning a 

special access program of the Department of Defense, the Secretary 

may submit the report required by paragraph (1) regarding the 

proposed change or public announcement at any time before the 

proposed change or public announcement is made and shall include 

in the report an explanation of the exceptional circumstances. 

(d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department 

of Defense as a special access program, the Secretary of Defense 

shall promptly notify the defense committees of such modification 

or termination. Any such notification shall contain the reasons for 

the modification or termination and, in the case of a modification, 

the provisions of the policy as modified. 

(e)(1) The Secretary of Defense may waive any requirement 

under subsection (a), (b), or (c) that certain information be included 
§ 119 CH. 2—DEPARTMENT OF DEFENSE 46 

in a report under that subsection if the Secretary determines that 

inclusion of that information in the report would adversely affect 

the national security. Any such waiver shall be made on a case-bycase basis. 

(2) If the Secretary exercises the authority provided under 

paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the 

chairman and ranking minority member of each of the defense 

committees. 

(f) A special access program may not be initiated until— 

(1) the defense committees are notified of the program; and 

(2) a period of 30 days elapses after such notification is received. 

(g) In this section, the term ‘‘defense committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Appropriations, and the Defense Subcommittee of the Committee on Appropriations, of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Appropriations, and the Subcommittee on Defense of the 

Committee on Appropriations, of the House of Representatives. 

(Added Pub. L. 100–180, div. A, title XI, Sec. 1132(a)(1), Dec. 4, 1987, 101 Stat. 1151; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1461, 1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709; Pub. 

L. 104–106, div. A, title X, Sec. 1055, title XV, Sec. 1502(a)(4), Feb. 10, 1996, 110 Stat. 442, 

502; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, 

div A, title X, Sec. 1048(a)(2), Dec. 28, 2001, 115 Stat. 1222.) 
47 

CHAPTER 3—GENERAL POWERS AND FUNCTIONS 

Sec. 

121. Regulations. 

122. Official registers. 

122a. Public availability of Department of Defense reports required by law. 

123. Authority to suspend officer personnel laws during war or national emergency. 

123a. Suspension of end-strength and other strength limitations in time of war 

or national emergency. 

123b. Forces stationed abroad: limitation on number. 

124. Detection and monitoring of aerial and maritime transit of illegal drugs: 

Department of Defense to be lead agency. 

125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition. 

126. Transfer of funds and employees. 

127. Emergency and extraordinary expenses. 

127a. Operations for which funds are not provided in advance: funding mechanisms. 

127b. Assistance in combating terrorism: rewards. 

127c. Purchase of weapons overseas: force protection. 

127d. Allied forces participating in combined operations: authority to provide logistic support, supplies, and services. 

128. Physical protection of special nuclear material: limitation on dissemination 

of unclassified information. 

129. Prohibition of certain civilian personnel management constraints. 

129a. General personnel policy. 

129b. Authority to procure personal services. 

129c. Medical personnel: limitations on reductions. 

130. Authority to withhold from public disclosure certain technical data. 

[130a. Repealed.] 

130b. Personnel in overseas, sensitive, or routinely deployable units: nondisclosure of personally identifying information. 

130c. Nondisclosure of information: certain sensitive information of foreign governments and international organizations. 

130d. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel. 

§ 121. Regulations 

The President may prescribe regulations to carry out his functions, powers, and duties under this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 6.) 

§ 122. Official registers 

The Secretary of a military department may have published, 

annually or at such other times as he may designate, official registers containing the names of, and other pertinent information 

about, such regular and reserve officers of the armed forces under 

his jurisdiction as he considers appropriate. The register may also 

contain any other list that the Secretary considers appropriate. 

(Added Pub. L. 85–861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437.) 
§ 122a CH. 3—GENERAL POWERS AND FUNCTIONS 48 

§ 122a. Public availability of Department of Defense reports 

required by law 

(a) IN GENERAL.—The Secretary of Defense shall ensure that 

each report described in subsection (b) is made available to the 

public, upon request submitted on or after the date on which such 

report is submitted to Congress, through the Office of the Assistant 

Secretary of Defense for Public Affairs. 

(b) COVERED REPORTS.—(1) Except as provided in paragraph 

(2), a report described in this subsection is any report that is required by law to be submitted to Congress by the Secretary of Defense, or by any element of the Department of Defense. 

(2) A report otherwise described in paragraph (1) is not a report described in this subsection if the report contains— 

(A) classified information; 

(B) proprietary information; 

(C) information that is exempt from disclosure under section 552 of title 5 (commonly referred to as the ‘‘Freedom of Information Act’’); or 

(D) any other type of information that the Secretary of Defense determines should not be made available to the public in 

the interest of national security. 

(Added Pub. L. 111–383, div. A, title X, Sec. 1061(a)(1), Jan. 7, 2011, 124 Stat. 4362.) 

§ 123. Authority to suspend officer personnel laws during 

war or national emergency 

(a) In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may 

suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard 

Reserve. So long as such war or national emergency continues, any 

such suspension may be extended by the President. 

(b) Any such suspension shall, if not sooner ended, end on the 

last day of the two-year period beginning on the date on which the 

suspension (or the last extension thereof) takes effect or on the last 

day of the one-year period beginning on the date of the termination 

of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act 

(50 U.S.C. 1621–1622) which provides that powers or authorities 

exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. 

(c) If a provision of law pertaining to the promotion of reserve 

officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades 

and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far 

as practicable, be the same as that recommended for adjusting the 

grades and dates of rank of officers of the regular component of the 

armed force concerned. 

(d) Upon the termination of a suspension made under the authority of subsection (a) of a provision of law otherwise requiring 

the separation or retirement of officers on active duty because of 
49 § 123b CH. 3—GENERAL POWERS AND FUNCTIONS 

age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up 

to 90 days the otherwise required separation or retirement date of 

any officer covered by the suspended provision whose separation or 

retirement date, but for the suspension, would have been before the 

date of the termination of the suspension or within 90 days after 

the date of such termination. 

(Added Pub. L. 85–861, Sec. 1(2)(A), Sept. 2, 1958, 72 Stat. 1437, and amended Pub. L. 86–559, 

Sec. 1(1), June 30, 1960, 74 Stat. 264; Pub. L. 89–718, Sec. 1, Nov. 2, 1966, 80 Stat. 1115; Pub. 

L. 90–130, Sec. 1(1), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, Secs. 501(3), 511(1), 

Dec. 12, 1980, 94 Stat. 2907, 2920; Pub. L. 97–22, Sec. 10(b)(1), July 10, 1981, 95 Stat. 137; 

Pub. L. 103–337, div. A, title XVI, Sec. 1622(a), Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104–106, 

div. A, title XV, Sec. 1501(c)(4), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–107, div. A, title V, 

Sec. 508(b), Dec. 28, 2001, 115 Stat. 1090.) 

§ 123a. Suspension of end-strength and other strength limitations in time of war or national emergency 

(a) DURING WAR OR NATIONAL EMERGENCY.—(1) If at the end 

of any fiscal year there is in effect a war or national emergency, 

the President may waive any statutory end strength with respect 

to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is 

issued. 

(2) When a designation of a major disaster or emergency (as 

those terms are defined in section 102 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is 

in effect, the President may waive any statutory limit that would 

otherwise apply during the period of the designation on the number 

of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this 

title, if the President determines the waiver is necessary to provide 

assistance in responding to the major disaster or emergency. 

(b) TERMINATION OF WAIVER.—(1) Upon the termination of a 

war or national emergency with respect to which the President has 

exercised the authority provided by subsection (a)(1), the President 

may defer the effectiveness of any statutory end strength with respect to the fiscal year during which the termination occurs. Any 

such deferral may not extend beyond the last day of the sixth 

month beginning after the date of such termination. 

(2) A waiver granted under subsection (a)(2) shall terminate 

not later than 90 days after the date on which the designation of 

the major disaster or emergency that was the basis for the waiver 

expires. 

(c) STATUTORY END STRENGTH.—In this section, the term ‘‘statutory end strength’’ means any end-strength limitation with respect to a fiscal year that is prescribed by law for any military or 

civilian component of the armed forces or of the Department of Defense. 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1483(b)(1), Nov. 5, 1990, 104 Stat. 1715; amended 

Pub. L. 107–107, div. A, title IV, Sec. 421(b), Dec. 28, 2001, 115 Stat. 1076; Pub. L. 110–417, 

[div. A], title IV, Sec. 416(a)–(c)(1), Oct. 14, 2008, 122 Stat. 4430.) 

§ 123b. Forces stationed abroad: limitation on number 

(a) END-STRENGTH LIMITATION.—No funds appropriated to the 

Department of Defense may be used to support a strength level of 

members of the armed forces assigned to permanent duty ashore 
§ 124 CH. 3—GENERAL POWERS AND FUNCTIONS 50 

in nations outside the United States at the end of any fiscal year 

at a level in excess of 203,000. 

(b) EXCEPTION FOR WARTIME.—Subsection (a) does not apply in 

the event of a declaration of war or an armed attack on any member nation of the North Atlantic Treaty Organization, Japan, the 

Republic of Korea, or any other ally of the United States. 

(c) PRESIDENTIAL WAIVER.—The President may waive the operation of subsection (a) if the President declares an emergency. The 

President shall immediately notify Congress of any such waiver. 

(Added Pub. L. 103–337, div. A, title XIII, Sec. 1312(a)(1), Oct. 5, 1994, 108 Stat. 2894.) 

§ 124. Detection and monitoring of aerial and maritime transit of illegal drugs: Department of Defense to be 

lead agency 

(a) LEAD AGENCY.—(1) The Department of Defense shall serve 

as the single lead agency of the Federal Government for the detection and monitoring of aerial and maritime transit of illegal drugs 

into the United States. 

(2) The responsibility conferred by paragraph (1) shall be carried out in support of the counter-drug activities of Federal, State, 

local, and foreign law enforcement agencies. 

(b) PERFORMANCE OF DETECTION AND MONITORING FUNCTION.—(1) To carry out subsection (a), Department of Defense personnel may operate equipment of the Department to intercept a 

vessel or an aircraft detected outside the land area of the United 

States for the purposes of— 

(A) identifying and communicating with that vessel or aircraft; and 

(B) directing that vessel or aircraft to go to a location designated by appropriate civilian officials. 

(2) In cases in which a vessel or an aircraft is detected outside 

the land area of the United States, Department of Defense personnel may begin or continue pursuit of that vessel or aircraft over 

the land area of the United States. 

(c) UNITED STATES DEFINED.—In this section, the term ‘‘United 

States’’ means the land area of the several States and any territory, commonwealth, or possession of the United States. 

(Added Pub. L. 101–189, div. A, title XII, Sec. 1202(a)(1), Nov. 29, 1989, 103 Stat. 1563; amended Pub. L. 102–190, div. A, title X, Sec. 1088(b), Dec. 5, 1991, 105 Stat. 1485.) 

§ 125. Functions, powers, and duties: transfer, reassignment, 

consolidation, or abolition 

(a) Subject to section 2 of the National Security Act of 1947 (50 

U.S.C. 401), the Secretary of Defense shall take appropriate action 

(including the transfer, reassignment, consolidation, or abolition of 

any function, power, or duty) to provide more effective, efficient, 

and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested 

in the Department of Defense, or an officer, official, or agency 

thereof, by law may not be substantially transferred, reassigned, 

consolidated, or abolished. 

(b) Notwithstanding subsection (a), if the President determines 

it to be necessary because of hostilities or an imminent threat of 
51 § 126 CH. 3—GENERAL POWERS AND FUNCTIONS 

hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, or Marine 

Corps by section 3062(b), 5062, 5063, or 8062(c) of this title, may 

be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an 

imminent threat of hostilities, as the case may be. 

(c) Notwithstanding subsection (a), the Secretary of Defense 

may assign or reassign the development and operational use of new 

weapons or weapons systems to one or more of the military departments or one or more of the armed forces. 

(Added Pub. L. 87–651, title II, Sec. 201(a), Sept. 7, 1962, 76 Stat. 515; amended Pub. L. 89– 

501, title IV, Sec. 401, July 13, 1966, 80 Stat. 278; Pub. L. 98–525, title XIV, Sec. 1405(1), Oct. 

19, 1984, 98 Stat. 2621; Pub. L. 99–433, title I, Sec. 103, title III, Sec. 301(b)(1), title V, Sec. 

514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022, 1055; Pub. L. 101–510, div. A, title XIII, Sec. 

1301(3), Nov. 5, 1990, 104 Stat. 1668.) 

§ 126. Transfer of funds and employees 

(a) When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred or assigned to another department or agency of that department, balances of appropriations that the Secretary of Defense determines 

are available and needed to finance or discharge that function, 

power, duty, or activity, as the case may be, may, with the approval of the President, be transferred to the department or agency 

to which that function, power, duty or activity, as the case may be, 

is transferred, and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall— 

(1) be credited to any applicable appropriation account of 

the receiving department or agency; or 

(2) be credited to a new account that may be established 

on the books of the Department of the Treasury; 

and be merged with the funds already credited to that account and 

accounted for as one fund. Balances of appropriations credited to 

an account under clause (1) are subject only to such limitations as 

are specifically applicable to that account. Balances of appropriations credited to an account under clause (2) are subject only to 

such limitations as are applicable to the appropriations from which 

they are transferred. 

(b) When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred to another department or agency of that department, those civilian employees of the department or agency from which the transfer is 

made that the Secretary of Defense determines are needed to perform that function, power, or duty, or for that activity, as the case 

may be, may, with the approval of the President, be transferred to 

the department or agency to which that function, power, duty, or 

activity, as the case may be, is transferred. The authorized 

strength in civilian employees of a department or agency from 

which employees are transferred under this section is reduced by 

the number of employees so transferred. The authorized strength 

in civilian employees of a department or agency to which employees 
§ 127 CH. 3—GENERAL POWERS AND FUNCTIONS 52 

are transferred under this section is increased by the number of 

employees so transferred. 

(Added Pub. L. 87–651, title II, Sec. 201(a), Sept. 7, 1962, 76 Stat. 516; amended Pub. L. 96– 

513, title V, Sec. 511(2), Dec. 12, 1980, 94 Stat. 2920.) 

§ 127. Emergency and extraordinary expenses 

(a) Subject to the limitations of subsection (c), and within the 

limitation of appropriations made for the purpose, the Secretary of 

Defense, the Inspector General of the Department of Defense, and 

the Secretary of a military department within his department, may 

provide for any emergency or extraordinary expense which cannot 

be anticipated or classified. When it is so provided in such an appropriation, the funds may be spent on approval or authority of the 

Secretary concerned or the Inspector General for any purpose he 

determines to be proper, and such a determination is final and conclusive upon the accounting officers of the United States. The Secretary concerned or the Inspector General may certify the amount 

of any such expenditure authorized by him that he considers advisable not to specify, and his certificate is sufficient voucher for the 

expenditure of that amount. 

(b) The authority conferred by this section may be delegated by 

the Secretary of Defense to any person in the Department of Defense, by the Inspector General to any person in the Office of the 

Inspector General, or by the Secretary of a military department to 

any person within his department, with or without the authority 

to make successive redelegations. 

(c)(1) Funds may not be obligated or expended in an amount 

in excess of $500,000 under the authority of subsection (a) or (b) 

until the Secretary of Defense has notified the Committee on 

Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on 

Appropriations of the House of Representatives of the intent to obligate or expend the funds, and— 

(A) in the case of an obligation or expenditure in excess of 

$1,000,000, 15 days have elapsed since the date of the notification; or 

(B) in the case of an obligation or expenditure in excess of 

$500,000, but not in excess of $1,000,000, 5 days have elapsed 

since the date of the notification. 

(2) Subparagraph (A) or (B) of paragraph (1) shall not apply to 

an obligation or expenditure of funds otherwise covered by such 

subparagraph if the Secretary of Defense determines that the national security objectives of the United States will be compromised 

by the application of the subparagraph to the obligation or expenditure. If the Secretary makes a determination with respect to an obligation or expenditure under the preceding sentence, the Secretary 

shall immediately notify the committees referred to in paragraph 

(1) that such obligation or expenditure is necessary and provide 

any relevant information (in classified form, if necessary) jointly to 

the chairman and ranking minority member (or their designees) of 

such committees. 

(3) A notification under paragraph (1) and information referred 

to in paragraph (2) shall include the amount to be obligated or ex-
53 § 127a CH. 3—GENERAL POWERS AND FUNCTIONS 

pended, as the case may be, and the purpose of the obligation or 

expenditure. 

(d) ANNUAL REPORT.—Not later than December 1 each year, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on expenditures during the preceding fiscal 

year under subsections (a) and (b). 

(Added Pub. L. 94–106, title VIII, Sec. 804(a), Oct. 7, 1975, 89 Stat. 538, Sec. 140; amended 

Pub. L. 98–94, title XII, Sec. 1268(2), Sept. 24, 1983, 97 Stat. 705; renumbered Sec. 127 and 

amended Pub. L. 99–433, title I, Sec. 101(a)(3), 110(d)(4), Oct. 1, 1986, 100 Stat. 994, 1002; Pub. 

L. 103–160, div. A, title III, Sec. 361, Nov. 30, 1993, 107 Stat. 1627; Pub. L. 103–337, div. A, 

title III, Sec. 378, Oct. 5, 1994, 108 Stat. 2737; Pub. L. 104–106, div. A, title IX, Sec. 915, title 

XV, Sec. 1502(a)(5), Feb. 10, 1996, 110 Stat. 413, 502; Pub. L. 106–65, div. A, title X, Sec. 

1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, Sec. 1031(a)(2), Nov. 24, 

2003, 117 Stat. 1596.) 

§ 127a. Operations for which funds are not provided in advance: funding mechanisms 

(a) IN GENERAL.—(1) The Secretary of Defense shall use the 

procedures prescribed by this section with respect to any operation 

specified in paragraph (2) that involves— 

(A) the deployment (other than for a training exercise) of 

elements of the armed forces for a purpose other than a purpose for which funds have been specifically provided in advance; or 

(B) the provision of humanitarian assistance, disaster relief, or support for law enforcement (including immigration 

control) for which funds have not been specifically provided in 

(2) This section applies to— 

(A) any operation the incremental cost of which is expected 

to exceed $50,000,000; and 

(B) any other operation the expected incremental cost of 

which, when added to the expected incremental costs of other 

operations that are currently ongoing, is expected to result in 

a cumulative incremental cost of ongoing operations of the Department of Defense in excess of $100,000,000. 

Any operation the incremental cost of which is expected not to exceed $10,000,000 shall be disregarded for the purposes of subparagraph (B). 

(3) Whenever an operation to which this section applies is commenced or subsequently becomes covered by this section, the Secretary of Defense shall designate and identify that operation for 

the purposes of this section and shall promptly notify Congress of 

that designation (and of the identification of the operation). 

(4) This section does not provide authority for the President or 

the Secretary of Defense to carry out any operation, but establishes 

mechanisms for the Department of Defense by which funds are provided for operations that the armed forces are required to carry out 

under some other authority. 

(b) WAIVER OF REQUIREMENT TO REIMBURSE SUPPORT UNITS.— 

(1) The Secretary of Defense shall direct that, when a unit of the 

armed forces participating in an operation described in subsection 

(a) receives services from an element of the Department of Defense 

that operates through the Defense Business Operations Fund (or a 

successor fund), such unit of the armed forces may not be required 

to reimburse that element for the incremental costs incurred by 
§ 127a CH. 3—GENERAL POWERS AND FUNCTIONS 54 

that element in providing such services, notwithstanding any other 

provision of law or any Government accounting practice. 

(2) The amounts which but for paragraph (1) would be required 

to be reimbursed to an element of the Department of Defense (or 

a fund) shall be recorded as an expense attributable to the operation and shall be accounted for separately. 

(c) TRANSFER AUTHORITY.—(1) Whenever there is an operation 

of the Department of Defense described in subsection (a), the Secretary of Defense may transfer amounts described in paragraph (3) 

to accounts from which incremental expenses for that operation 

were incurred in order to reimburse those accounts for those incremental expenses. Amounts so transferred shall be merged with and 

be available for the same purposes as the accounts to which transferred. 

(2) The total amount that the Secretary of Defense may transfer under the authority of this section in any fiscal year is 

$200,000,000. 

(3) Transfers under this subsection may only be made from 

amounts appropriated to the Department of Defense for any fiscal 

year that remain available for obligation, other than amounts within any operation and maintenance appropriation that are available 

for (A) an account (known as a budget activity 1 account) that is 

specified as being for operating forces, or (B) an account (known as 

a budget activity 2 account) that is specified as being for mobilization. 

(4) The authority provided by this subsection is in addition to 

any other authority provided by law authorizing the transfer of 

amounts available to the Department of Defense. However, the Secretary may not use any such authority under another provision of 

law for a purpose described in paragraph (1) if there is authority 

available under this subsection for that purpose. 

(5) The authority provided by this subsection to transfer 

amounts may not be used to provide authority for an activity that 

has been denied authorization by Congress. 

(6) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount 

authorized for the account to which the amount is transferred by 

an amount equal to the amount transferred. 

[(d) Repealed. Pub. L. 108–136, div. A, title X, Sec. 1031(a)(3), 

Nov. 24, 2003, 117 Stat. 1596.] 

(e) LIMITATIONS.—(1) The Secretary may not restore balances 

in the Defense Business Operations Fund through increases in 

rates charged by that fund in order to compensate for costs incurred and not reimbursed due to subsection (b). 

(2) The Secretary may not restore balances in the Defense 

Business Operations Fund or any other fund or account through 

the use of unobligated amounts in an operation and maintenance 

appropriation that are available within that appropriation for (A) 

an account (known as a budget activity 1 account) that is specified 

as being for operating forces, or (B) an account (known as a budget 

activity 2 account) that is specified as being for mobilization. 

(f) SUBMISSION OF REQUESTS FOR SUPPLEMENTAL APPROPRIATIONS.—It is the sense of Congress that whenever there is an operation described in subsection (a), the President should, not later 
55 § 127b CH. 3—GENERAL POWERS AND FUNCTIONS 

than 90 days after the date on which notification is provided pursuant to subsection (a)(3), submit to Congress a request for the enactment of supplemental appropriations for the then-current fiscal 

year in order to provide funds to replenish the Defense Business 

Operations Fund or any other fund or account of the Department 

of Defense from which funds for the incremental expenses of that 

operation were derived under this section and should, as necessary, 

submit subsequent requests for the enactment of such appropriations. 

(g) INCREMENTAL COSTS.—For purposes of this section, incremental costs of the Department of Defense with respect to an operation are the costs of the Department that are directly attributable 

to the operation (and would not have been incurred but for the operation). Incremental costs do not include the cost of property or 

services acquired by the Department that are paid for by a source 

outside the Department or out of funds contributed by such a 

source. 

(h) RELATIONSHIP TO WAR POWERS RESOLUTION.—This section 

may not be construed as altering or superseding the War Powers 

Resolution. This section does not provide authority to conduct any 

military operation. 

(i) GAO COMPLIANCE REVIEWS.—The Comptroller General of 

the United States shall from time to time, and when requested by 

a committee of Congress, conduct a review of the defense funding 

structure under this section to determine whether the Department 

of Defense is complying with the requirements and limitations of 

this section. 

(Added Pub. L. 103–160, div. A, title XI, Sec. 1108(a)(1), Nov. 30, 1993, 107 Stat. 1751; Pub. 

L. 104–106, div. A, title X, Sec. 1003(a)(1), Feb. 10, 1996, 110 Stat. 415; Pub. L. 108–136, div. 

A, title X, Sec. 1031(a)(3), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 111–383, div. A, title X, Sec. 

1075(b)(2), Jan. 7, 2011, 124 Stat. 4369.) 

§ 127b. Assistance in combating terrorism: rewards 

(a) AUTHORITY.—The Secretary of Defense may pay a monetary 

amount, or provide a payment-in-kind, to a person as a reward for 

providing United States Government personnel, or government personnel of allied forces participating in a combined operation with 

the armed forces, with information or nonlethal assistance that is 

beneficial to— 

(1) an operation or activity of the armed forces, or of allied 

forces participating in a combined operation with the armed 

forces, conducted outside the United States against international terrorism; or 

(2) force protection of the armed forces, or of allied forces 

participating in a combined operation with the armed forces. 

(b) LIMITATION.—The amount or value of a reward provided 

under this section may not exceed $5,000,000. 

(c) DELEGATION OF AUTHORITY.—(1) The authority of the Secretary of Defense under subsection (a) may be delegated only— 

(A) to the Deputy Secretary of Defense and an Under Secretary of Defense, without further redelegation; and 

(B) to the commander of a combatant command, but only 

for a reward in an amount or with a value not in excess of 

$1,000,000. 
§ 127b CH. 3—GENERAL POWERS AND FUNCTIONS 56 

(2) A commander of a combatant command to whom authority 

to provide rewards under this section is delegated under paragraph 

(1) may further delegate that authority, but only for a reward in 

an amount or with a value not in excess of $10,000, except that 

such a delegation may be made to the commander’s deputy commander, or to the commander of a command directly subordinate 

to that commander, without regard to such limitation. Such a delegation may be made to the commander of a command directly subordinate to the commander of a combatant command only with the 

approval of the Secretary of Defense, the Deputy Secretary of Defense, or an Under Secretary of Defense to whom authority has 

been delegated under subparagraph (1)(A). 

(3)(A) Subject to subparagraphs (B) and (C), an official who has 

authority delegated under paragraph (1) or (2) may use that authority, acting through government personnel of allied forces, to 

offer and make rewards. 

(B) The Secretary of Defense shall prescribe policies and procedures for making rewards in the manner described in subparagraph (A), which shall include guidance for the accountability of 

funds used for making rewards in that manner. The policies and 

procedures shall not take effect until 30 days after the date on 

which the Secretary submits the policies and procedures to the congressional defense committees. Rewards may not be made in the 

manner described in subparagraph (A) except under policies and 

procedures that have taken effect. 

(C) Rewards may not be made in the manner described in subparagraph (A) after September 30, 2011. 

(D) Not later than April 1, 2008, the Secretary of Defense shall 

submit to the congressional defense committees a report on the implementation of this paragraph. The report shall identify each reward made in the manner described in subparagraph (A) and, for 

each such reward— 

(i) identify the type, amount, and recipient of the reward; 

(ii) explain the reason for making the reward; and 

(iii) assess the success of the reward in advancing the effort to combat terrorism. 

(d) COORDINATION.—(1) The Secretary of Defense shall prescribe policies and procedures for the offering and making of rewards under this section and otherwise for administering the authority under this section. Such policies and procedures shall be 

prescribed in consultation with the Secretary of State and the Attorney General and shall ensure that the making of a reward 

under this section does not duplicate or interfere with the payment 

of a reward authorized by the Secretary of State or the Attorney 

General. 

(2) The Secretary of Defense shall consult with the Secretary 

of State regarding the making of any reward under this section in 

an amount or with a value in excess of $2,000,000. 

(e) PERSONS NOT ELIGIBLE.—The following persons are not eligible to receive a reward under this section: 

(1) A citizen of the United States. 

(2) An officer or employee of the United States. 

(3) An employee of a contractor of the United States. 
57 § 127c CH. 3—GENERAL POWERS AND FUNCTIONS 

(f) ANNUAL REPORT.—(1) Not later than December 1 of each 

year, the Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives a 

report on the administration of the rewards program under this 

section during the preceding fiscal year. 

(2) Each report for a fiscal year under this subsection shall include the following: 

(A) Information on the total amount expended during that 

fiscal year to carry out the rewards program under this section 

during that fiscal year. 

(B) Specification of the amount, if any, expended during 

that fiscal year to publicize the availability of rewards under 

this section. 

(C) With respect to each reward provided during that fiscal 

year— 

(i) the amount or value of the reward and whether the 

reward was provided as a monetary payment or in some 

other form; 

(ii) the recipient of the reward; and 

(iii) a description of the information or assistance for 

which the reward was paid, together with an assessment 

of the significance and benefit of the information or assistance. 

(D) Information on the implementation of paragraph (3) of 

subsection (c). 

(3) The Secretary may submit the report in classified form if 

the Secretary determines that it is necessary to do so. 

(g) DETERMINATIONS BY THE SECRETARY.—A determination by 

the Secretary under this section is final and conclusive and is not 

subject to judicial review. 

(Added Pub. L. 107–314, div. A, title X, Sec. 1065(a), Dec. 2, 2002, 116 Stat. 2655; amended 

Pub. L. 109–163, div. A, title X, Sec. 1056(c)(2), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–364, 

div. A, title XIV, Sec. 1401, Oct. 17, 2006, 120 Stat. 2433; Pub. L. 110–181, div. A, title X, Sec. 

1033, Jan. 28, 2008, 122 Stat. 307; Pub. L. 111–84, div. A, title X, Sec. 1071, Oct. 28, 2009, 

123 Stat. 2470; Pub. L. 111–383, div. A, title X, Sec. 1031, Jan. 7, 2011, 124 Stat. 4351.) 

§ 127c. Purchase of weapons overseas: force protection 

(a) AUTHORITY.—When elements of the armed forces are engaged in ongoing military operations in a country, the Secretary of 

Defense may, for the purpose of protecting United States forces in 

that country, purchase weapons from any foreign person, foreign 

government, international organization, or other entity located in 

that country. 

(b) LIMITATION.—The total amount expended during any fiscal 

year for purchases under this section may not exceed $15,000,000. 

(c) SEMIANNUAL CONGRESSIONAL REPORT.—In any case in 

which the authority provided in subsection (a) is used during the 

period of the first six months of a fiscal year, or during the period 

of the second six months of a fiscal year, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate 

and Committee on Armed Services of the House of Representatives 

a report on the use of that authority during that six-month period. 

Each such report shall be submitted not later than 30 days after 

the end of the six-month period during which the authority is used. 

Each such report shall include the following: 
§ 127d CH. 3—GENERAL POWERS AND FUNCTIONS 58 

(1) The number and type of weapons purchased under subsection (a) during that six-month period covered by the report, 

together with the amount spent for those weapons and the Secretary’s estimate of the fair market value of those weapons. 

(2) A description of the dispositions (if any) during that 

six-month period of weapons purchased under subsection (a). 

(Added Pub. L. 109–163, div. A, title XII, Sec. 1231(a), Jan. 6, 2006, 119 Stat. 3467.) 

§ 127d. Allied forces participating in combined operations: 

authority to provide logistic support, supplies, and 

services 

(a) AUTHORITY.—(1) Subject to subsections (b) and (c), the Secretary of Defense may provide logistic support, supplies, and services to allied forces participating in a combined operation with the 

armed forces of the United States. 

(2) In addition to any logistic support, supplies, and services 

provided under paragraph (1), the Secretary may provide logistic 

support, supplies, and services to allied forces solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in combined operations with 

the United States in order to facilitate such operations. Such logistic support, supplies, and services may also be provided under this 

paragraph to a nonmilitary logistics, security, or similar agency of 

an allied government if such provision would directly benefit the 

armed forces of the United States. 

(3) Provision of support, supplies, and services pursuant to 

paragraph (1) or (2) may be made only with the concurrence of the 

Secretary of State. 

(b) LIMITATIONS.—(1) The authority provided by subsection 

(a)(1) may be used only in accordance with the Arms Export Control Act and other export control laws of the United States. 

(2) The authority provided by subsection (a)(1) may be used 

only for a combined operation— 

(A) that is carried out during active hostilities or as part 

of a contingency operation or a noncombat operation (including 

an operation in support of the provision of humanitarian or foreign disaster assistance, a country stabilization operation, or a 

peacekeeping operation under chapter VI or VII of the Charter 

of the United Nations); and 

(B) in a case in which the Secretary of Defense determines 

that the allied forces to be provided logistic support, supplies, 

and services— 

(i) are essential to the success of the combined operation; and 

(ii) would not be able to participate in the combined 

operation but for the provision of such logistic support, 

supplies, and services by the Secretary. 

(c) LIMITATIONS ON VALUE.—(1) The value of logistic support, 

supplies, and services provided under subsection (a)(1) in any fiscal 

year may not exceed $100,000,000. 

(2) The value of the logistic support, supplies, and services provided under subsection (a)(2) in any fiscal year may not exceed 

$5,000,000. 
59 § 128 CH. 3—GENERAL POWERS AND FUNCTIONS 

(d) ANNUAL REPORT.—(1) Not later than December 31 each 

year, the Secretary of Defense shall submit to the Committee on 

Armed Services and the Committee on Foreign Relations of the 

Senate and the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives a report on the 

use of the authority provided by subsection (a) during the preceding fiscal year. 

(2) Each report under paragraph (1) shall be prepared in coordination with the Secretary of State. 

(3) Each report under paragraph (1) shall include, for the fiscal 

year covered by the report, the following: 

(A) Each nation provided logistic support, supplies, and 

services through the use of the authority provided by subsection (a). 

(B) For each such nation, a description of the type and 

value of logistic support, supplies, and services so provided. 

(e) DEFINITION.—In this section, the term ‘‘logistic support, 

supplies, and services’’ has the meaning given that term in section 

2350(1) of this title. 

(Added Pub. L. 109–364, div. A, title XII, Sec. 1201(a), Oct. 17, 2006, 120 Stat. 2410, Sec. 127c; 

renumbered Sec. 127d, Pub. L. 110–181, div. A, title X, Sec. 1063(a)(1)(A), Jan. 28, 2008, 122 

Stat. 321; Pub. L. 111–383, div. A, title X, Sec. 1075(b)(3), title XII, Sec. 1202, Jan. 7, 2011, 

124 Stat. 4369, 4385.) 

§ 128. Physical protection of special nuclear material: limitation on dissemination of unclassified information 

(a)(1) In addition to any other authority or requirement regarding protection from dissemination of information, and subject to 

section 552(b)(3) of title 5, the Secretary of Defense, with respect 

to special nuclear materials, shall prescribe such regulations, after 

notice and opportunity for public comment thereon, or issue such 

orders as may be necessary to prohibit the unauthorized dissemination of unclassified information pertaining to security measures, including security plans, procedures, and equipment for the physical 

protection of special nuclear material. 

(2) The Secretary may prescribe regulations or issue orders 

under paragraph (1) to prohibit the dissemination of any information described in such paragraph only if and to the extent that the 

Secretary determines that the unauthorized dissemination of such 

information could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common 

defense and security by significantly increasing the likelihood of— 

(A) illegal production of nuclear weapons, or 

(B) theft, diversion, or sabotage of special nuclear materials, equipment, or facilities. 

(3) In making a determination under paragraph (2), the Secretary may consider what the likelihood of an illegal production, 

theft, diversion, or sabotage referred to in such paragraph would be 

if the information proposed to be prohibited from dissemination 

under this section were at no time available for dissemination. 

(4) The Secretary shall exercise his authority under this subsection to prohibit the dissemination of any information described 

in paragraph (1)— 
§ 129 CH. 3—GENERAL POWERS AND FUNCTIONS 60 

(A) so as to apply the minimum restrictions needed to protect the health and safety of the public or the common defense 

and security; and 

(B) upon a determination that the unauthorized dissemination of such information could reasonably be expected to result in a significant adverse effect on the health and safety of 

the public or the common defense and security by significantly 

increasing the likelihood of— 

(i) illegal production of nuclear weapons, or 

(ii) theft, diversion, or sabotage of nuclear materials, 

equipment, or facilities. 

(b) Nothing in this section shall be construed to authorize the 

Secretary to withhold, or to authorize the withholding of, information from the appropriate committees of the Congress. 

(c) Any determination by the Secretary concerning the applicability of this section shall be subject to judicial review pursuant to 

section 552(a)(4)(B) of title 5. 

(Added Pub. L. 100–180, div. A, title XI, Sec. 1123(a), Dec. 4, 1987, 101 Stat. 1149; amended 

Pub. L. 101–510, div. A, title XIII, Sec. 1311(1), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 108–136, 

div. A, title X, Sec. 1031(a)(4), Nov. 24, 2003, 117 Stat. 1596.) 

§ 129. Prohibition of certain civilian personnel management 

constraints 

(a) The civilian personnel of the Department of Defense shall 

be managed each fiscal year solely on the basis of and consistent 

with (1) the workload required to carry out the functions and activities of the department and (2) the funds made available to the 

department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or 

limitation in terms of man years, end strength, full-time equivalent 

positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be 

required to make a reduction in the number of full-time equivalent 

positions in the Department of Defense unless such reduction is 

necessary due to a reduction in funds available to the Department 

or is required under a law that is enacted after February 10, 1996, 

and that refers specifically to this subsection. 

(b) The number of, and the amount of funds available to be 

paid to, indirectly funded Government employees of the Department of Defense may not be— 

(1) subject to any constraint or limitation on the number 

of such personnel who may be employed on the last day of a 

fiscal year; 

(2) managed on the basis of any constraint or limitation in 

terms of man years, end strength, full-time equivalent positions, or maximum number of employees; or 

(3) controlled under any policy of the Secretary of a military department for control of civilian manpower resources. 

(c) In this section, the term ‘‘indirectly funded Government employees’’ means civilian employees of the Department of Defense— 

(1) who are employed by industrial-type activities, the 

Major Range and Test Facility Base, or commercial-type activities described in section 2208 of this title; and 
61 § 129a CH. 3—GENERAL POWERS AND FUNCTIONS 

(2) whose salaries and benefits are funded from sources 

other than appropriated funds. 

(d) With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary 

of Defense shall ensure that there are employed during that fiscal 

year employees in the number and with the combination of skills 

and qualifications that are necessary to carry out the functions 

within that budget activity for which funds are provided for that 

fiscal year. 

(e) Subsections (a), (b), and (c) apply to the Major Range and 

Test Facility Base (MRTFB) at the installation level. With respect 

to the MRTFB structure, the term ‘‘funds made available’’ includes 

both direct appropriated funds and funds provided by MRTFB customers. 

(f)(1) Not later than February 1 of each year, the Secretary of 

each military department and the head of each Defense Agency 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the management of the civilian workforce under 

the jurisdiction of that official. 

(2) Each report of an official under paragraph (1) shall contain 

the following: 

(A) The official’s certification (i) that the civilian workforce 

under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, fulltime equivalent positions, or maximum number of employees, 

and (ii) that, during the 12 months preceding the date on 

which the report is due, such workforce has not been subject 

to any such constraint or limitation. 

(B) A description of how the civilian workforce is managed. 

(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month 

period referred to in subparagraph (A). 

(Added Pub. L. 97–86, title IX, Sec. 904(a), Dec. 1, 1981, 95 Stat. 1114, Sec. 140b; renumbered 

Sec. 129, Pub. L. 99–433, title I, Sec. 101(a)(3), Oct. 1, 1986, 100 Stat. 994; amended Pub. L. 

99–661, div. A, title V, Sec. 533, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 102–190, div. A, title 

III, Sec. 312(b), Dec. 5, 1991, 105 Stat. 1335; Pub. L. 104–106, div. A, title X, Sec. 1031, Feb. 

10, 1996, 110 Stat. 428; Pub. L. 104–201, div. A, title X, Sec. 1074(a)(1), title XVI, Sec. 1603, 

Sept. 23, 1996, 110 Stat. 2658, 2735; Pub. L. 105–85, div. A, title XI, Sec. 1101, Nov. 18, 1997, 

111 Stat. 1922; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 

§ 129a. General personnel policy 

The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of 

the Department. In developing the annual personnel authorization 

requests to Congress and in carrying out personnel policies, the 

Secretary shall— 

(1) consider particularly the advantages of converting from 

one form of personnel (military, civilian, or private contract) to 

another for the performance of a specified job; and 

(2) include in each manpower requirements report submitted under section 115a of this title a complete justification 

for converting from one form of personnel to another. 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1483(b)(2), Nov. 5, 1990, 104 Stat. 1715.) 
§ 129b CH. 3—GENERAL POWERS AND FUNCTIONS 62 

§ 129b. Authority to procure personal services 

(a) AUTHORITY.—Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may— 

(1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with section 3109 of title 5; and 

(2) pay in connection with such services travel expenses of 

individuals, including transportation and per diem in lieu of 

subsistence while such individuals are traveling from their 

homes or places of business to official duty stations and return 

as may be authorized by law. 

(b) CONDITIONS.—The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if 

the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that— 

(1) the procurement of such services is advantageous to the 

United States; and 

(2) such services cannot adequately be provided by the Department of Defense. 

(c) REGULATIONS.—Procurement of the services of experts and 

consultants (or organizations thereof) under subsection (a) shall be 

carried out under regulations prescribed by the Secretary of Defense. 

(d) ADDITIONAL AUTHORITY FOR PERSONAL SERVICES CONTRACTS.—(1) In addition to the authority provided under subsection 

(a), the Secretary of Defense may enter into personal services contracts if the personal services— 

(A) are to be provided by individuals outside the United 

States, regardless of their nationality, and are determined by 

the Secretary to be necessary and appropriate for supporting 

the activities and programs of the Department of Defense outside the United States; 

(B) directly support the mission of a defense intelligence 

component or counter-intelligence organization of the Department of Defense; or 

(C) directly support the mission of the special operations 

command of the Department of Defense. 

(2) The contracting officer for a personal services contract 

under this subsection shall be responsible for ensuring that— 

(A) the services to be procured are urgent or unique; and 

(B) it would not be practicable for the Department to obtain such services by other means. 

(3) The requirements of section 3109 of title 5 shall not apply 

to a contract entered into under this subsection. 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(a)(2), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 108–136, 

div. A, title VIII, Sec. 841(a), (b)(1), Nov. 24, 2003, 117 Stat. 1552.) 

§ 129c. Medical personnel: limitations on reductions 

(a) LIMITATION ON REDUCTION.—For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection 

(b) unless the Secretary makes a certification for that fiscal year 

described in subsection (c). 
63 § 130 CH. 3—GENERAL POWERS AND FUNCTIONS 

(b) COVERED REDUCTIONS.—Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than— 

(1) 95 percent of the number of such personnel at the end 

of the immediately preceding fiscal year; or 

(2) 90 percent of the number of such personnel at the end 

of the third fiscal year preceding the fiscal year. 

(c) CERTIFICATION.—A certification referred to in subsection (a) 

with respect to reductions in medical personnel of the Department 

of Defense for any fiscal year is a certification by the Secretary of 

Defense to Congress that— 

(1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of 

Defense; and 

(2) such reduction will not result in an increase in the cost 

of health care services provided under the Civilian Health and 

Medical Program of the Uniformed Services under chapter 55 

of this title. 

(d) POLICY FOR IMPLEMENTING REDUCTIONS.—Whenever the 

Secretary of Defense directs that there be a reduction in the total 

number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out 

so as to ensure that the reduction is not exclusively or disproportionately borne by any one of the armed forces and is not exclusively or disproportionately borne by either the active or the reserve components. 

(e) DEFINITION.—In this section, the term ‘‘medical personnel’’ 

means— 

(1) the members of the armed forces covered by the term 

‘‘medical personnel’’ as defined in section 115a(e)(2) of this 

title; and 

(2) the civilian personnel of the Department of Defense assigned to military medical facilities. 

(Added Pub. L. 104–106, div. A, title V, Sec. 564(a)(1), Feb. 10, 1996, 110 Stat. 325, and amended Pub. L. 105–85, div. A, title X, Sec. 1073(a)(4), Nov. 18, 1997, 111 Stat. 1900.) 

§ 130. Authority to withhold from public disclosure certain 

technical data 

(a) Notwithstanding any other provision of law, the Secretary 

of Defense may withhold from public disclosure any technical data 

with military or space application in the possession of, or under the 

control of, the Department of Defense, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979 

(50 U.S.C. App. 2401–2420) or the Arms Export Control Act (22 

U.S.C. 2751 et seq.). However, technical data may not be withheld 

under this section if regulations promulgated under either such Act 

authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations. 

(b) Regulations under this section shall be published in the 

Federal Register for a period of no less than 30 days for public comment before promulgation. Such regulations shall address, where 

appropriate, releases of technical data to allies of the United States 

and to qualified United States contractors, including United States 
[§ 130a CH. 3—GENERAL POWERS AND FUNCTIONS 64 

contractors that are small business concerns, for use in performing 

United States Government contracts. 

(c) In this section, the term ‘‘technical data with military or 

space application’’ means any blueprints, drawings, plans, instructions, computer software and documentation, or other technical information that can be used, or be adapted for use, to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce 

any military or space equipment or technology concerning such 

equipment. 

(Added Pub. L. 98–94, title XII, Sec. 1217(a), Sept. 24, 1983, 97 Stat. 690, Sec. 140c; amended 

Pub. L. 99–145, title XIII, Sec. 1303(a)(3), Nov. 8, 1985, 99 Stat. 738; renumbered Sec. 130 and 

amended Pub. L. 99–433, title I, Sec. 101(a)(3), 110(d)(6), Oct. 1, 1986, 100 Stat. 994, 1003; Pub. 

L. 100–26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–510, div. A, title XIV, Sec. 

1484(b)(1), Nov. 5, 1990, 104 Stat. 1715.) 

[§ 130a. Repealed. Pub. L. 110–181, div. A, title IX, Sec. 

901(a)(1), Jan. 28, 2008, 122 Stat. 272] 

§ 130b. Personnel in overseas, sensitive, or routinely 

deployable units: nondisclosure of personally identifying information 

(a) EXEMPTION FROM DISCLOSURE.—The Secretary of Defense 

and, with respect to the Coast Guard when it is not operating as 

a service in the Navy, the Secretary of Homeland Security may, 

notwithstanding section 552 of title 5, authorize to be withheld 

from disclosure to the public personally identifying information regarding— 

(1) any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit; and 

(2) any employee of the Department of Defense or of the 

Coast Guard whose duty station is with any such unit. 

(b) EXCEPTIONS.—(1) The authority in subsection (a) is subject 

to such exceptions as the President may direct. 

(2) Subsection (a) does not authorize any official to withhold, 

or to authorize the withholding of, information from Congress. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘personally identifying information’’, with respect to any person, means the person’s name, rank, duty address, and official title and information regarding the person’s 

pay. 

(2) The term ‘‘unit’’ means a military organization of the 

armed forces designated as a unit by competent authority. 

(3) The term ‘‘overseas unit’’ means a unit that is located 

outside the United States and its territories. 

(4) The term ‘‘sensitive unit’’ means a unit that is primarily involved in training for the conduct of, or conducting, 

special activities or classified missions, including— 

(A) a unit involved in collecting, handling, disposing, 

or storing of classified information and materials; 

(B) a unit engaged in training— 

(i) special operations units; 

(ii) security group commands weapons stations; or 

(iii) communications stations; and 

(C) any other unit that is designated as a sensitive 

unit by the Secretary of Defense or, in the case of the 
65 § 130c CH. 3—GENERAL POWERS AND FUNCTIONS 

Coast Guard when it is not operating as a service in the 

Navy, by the Secretary of Homeland Security. 

(5) The term ‘‘routinely deployable unit’’ means a unit that 

normally deploys from its permanent home station on a periodic or rotating basis to meet peacetime operational requirements that, or to participate in scheduled training exercises 

that, routinely require deployments outside the United States 

and its territories. Such term includes a unit that is alerted for 

deployment outside the United States and its territories during 

an actual execution of a contingency plan or in support of a crisis operation. 

(Added Pub. L. 106–65, div. a, title X, Sec. 1044(a), Oct. 5, 1999, 113 Stat. 761; amended Pub. 

L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 130c. Nondisclosure of information: certain sensitive information of foreign governments and international 

organizations 

(a) EXEMPTION FROM DISCLOSURE.—The national security official concerned (as defined in subsection (h)) may withhold from 

public disclosure otherwise required by law sensitive information of 

foreign governments in accordance with this section. 

(b) INFORMATION ELIGIBLE FOR EXEMPTION.—For the purposes 

of this section, information is sensitive information of a foreign government only if the national security official concerned makes each 

of the following determinations with respect to the information: 

(1) That the information was provided by, otherwise made 

available by, or produced in cooperation with, a foreign government or international organization. 

(2) That the foreign government or international organization is withholding the information from public disclosure (relying for that determination on the written representation of 

the foreign government or international organization to that effect). 

(3) That any of the following conditions are met: 

(A) The foreign government or international organization requests, in writing, that the information be withheld. 

(B) The information was provided or made available to 

the United States Government on the condition that it not 

be released to the public. 

(C) The information is an item of information, or is in 

a category of information, that the national security official 

concerned has specified in regulations prescribed under 

subsection (g) as being information the release of which 

would have an adverse effect on the ability of the United 

States Government to obtain the same or similar information in the future. 

(c) INFORMATION OF OTHER AGENCIES.—If the national security 

official concerned provides to the head of another agency sensitive 

information of a foreign government, as determined by that national security official under subsection (b), and informs the head 

of the other agency of that determination, then the head of the 

other agency shall withhold the information from any public disclosure unless that national security official specifically authorizes the 

disclosure. 
§ 130c CH. 3—GENERAL POWERS AND FUNCTIONS 66 

(d) LIMITATIONS.—(1) If a request for disclosure covers any sensitive information of a foreign government (as described in subsection (b)) that came into the possession or under the control of 

the United States Government before October 30, 2000, and more 

than 25 years before the request is received by an agency, the information may be withheld only as set forth in paragraph (3). 

(2)(A) If a request for disclosure covers any sensitive information of a foreign government (as described in subsection (b)) that 

came into the possession or under the control of the United States 

Government on or after the date referred to in paragraph (1), the 

authority to withhold the information under this section is subject 

to the provisions of subparagraphs (B) and (C). 

(B) Information referred to in subparagraph (A) may not be 

withheld under this section after— 

(i) the date that is specified by a foreign government or 

international organization in a request or expression of a condition described in paragraph (1) or (2) of subsection (b) that 

is made by the foreign government or international organization concerning the information; or 

(ii) if there are more than one such foreign governments or 

international organizations, the latest date so specified by any 

of them. 

(C) If no date is applicable under subparagraph (B) to a request referred to in subparagraph (A) and the information referred 

to in that subparagraph came into possession or under the control 

of the United States more than 10 years before the date on which 

the request is received by an agency, the information may be withheld under this section only as set forth in paragraph (3). 

(3) Information referred to in paragraph (1) or (2)(C) may be 

withheld under this section in the case of a request for disclosure 

only if, upon the notification of each foreign government and international organization concerned in accordance with the regulations 

prescribed under subsection (g)(2), any such government or organization requests in writing that the information not be disclosed for 

an additional period stated in the request of that government or organization. After the national security official concerned considers 

the request of the foreign government or international organization, the official shall designate a later date as the date after which 

the information is not to be withheld under this section. The later 

date may be extended in accordance with a later request of any 

such foreign government or international organization under this 

paragraph. 

(e) INFORMATION PROTECTED UNDER OTHER AUTHORITY.—This 

section does not apply to information or matters that are specifically required in the interest of national defense or foreign policy 

to be protected against unauthorized disclosure under criteria established by an Executive order and are classified, properly, at the 

confidential, secret, or top secret level pursuant to such Executive 

order. 

(f) DISCLOSURES NOT AFFECTED.—Nothing in this section shall 

be construed to authorize any official to withhold, or to authorize 

the withholding of, information from the following: 

(1) Congress. 
67 § 130d CH. 3—GENERAL POWERS AND FUNCTIONS 

(2) The Comptroller General, unless the information relates to activities that the President designates as foreign intelligence or counterintelligence activities. 

(g) REGULATIONS.—(1) The national security officials referred 

to in subsection (h)(1) shall each prescribe regulations to carry out 

this section. The regulations shall include criteria for making the 

determinations required under subsection (b). The regulations may 

provide for controls on access to and use of, and special markings 

and specific safeguards for, a category or categories of information 

subject to this section. 

(2) The regulations shall include procedures for notifying and 

consulting with each foreign government or international organization concerned about requests for disclosure of information to which 

this section applies. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘national security official concerned’’ means 

the following: 

(A) The Secretary of Defense, with respect to information of concern to the Department of Defense, as determined by the Secretary. 

(B) The Secretary of Homeland Security, with respect 

to information of concern to the Coast Guard, as determined by the Secretary, but only while the Coast Guard is 

not operating as a service in the Navy. 

(C) The Secretary of Energy, with respect to information concerning the national security programs of the Department of Energy, as determined by the Secretary. 

(2) The term ‘‘agency’’ has the meaning given that term in 

section 552(f) of title 5. 

(3) The term ‘‘international organization’’ means the following: 

(A) A public international organization designated 

pursuant to section 1 of the International Organizations 

Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and immunities 

provided in such Act. 

(B) A public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs. 

(C) An official mission, except a United States mission, 

to a public international organization referred to in subparagraph (A) or (B). 

(Added Pub. L. 106–398, Sec. 1[[div. A], title X, Sec. 1073(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–277; amended Pub. L. 107–107, div. A, title X, Sec. 1048(a)(3), (c)(1), Dec. 28, 2001, 115 

Stat. 1222, 1226; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 130d. Treatment under Freedom of Information Act of certain confidential information shared with State 

and local personnel 

Confidential business information and other sensitive but unclassified homeland security information in the possession of the 

Department of Defense that is shared, pursuant to section 892 of 
§ 130d CH. 3—GENERAL POWERS AND FUNCTIONS 68 

the Homeland Security Act of 2002 (6 U.S.C. 482), with State and 

local personnel (as defined in such section) shall not be subject to 

disclosure under section 552 of title 5 by virtue of the sharing of 

such information with such personnel. 

(Added Pub. L. 109–364, div. A, title XIV, Sec. 1405(a), Oct. 17, 2006, 120 Stat. 2436.) 
69 

1Section 133b was renumbered as section 138a by sec. 906(b)(1)(A) of Pub. L. 111–84 without 

corresponding amendment to the table of sections to strike the item for section 133b. 

CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE 

Sec. 

131. Office of the Secretary of Defense. 

132. Deputy Secretary of Defense. 

132a. Deputy Chief Management Officer. 

133. Under Secretary of Defense for Acquisition, Technology, and Logistics. 

[133a. Repealed.] 

133b.1 Deputy Under Secretary of Defense for Logistics and Materiel Readiness. 

134. Under Secretary of Defense for Policy. 

[134b. Repealed.] 

135. Under Secretary of Defense (Comptroller). 

136. Under Secretary of Defense for Personnel and Readiness. 

[136a. Repealed.] 

137. Under Secretary of Defense for Intelligence. 

137a. Principal Deputy Under Secretaries of Defense. 

138. Assistant Secretaries of Defense. 

138a. Assistant Secretary of Defense for Logistics and Materiel Readiness. 

138b. Assistant Secretary of Defense for Research and Engineering. 

138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. 

138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. 

139. Director of Operational Test and Evaluation. 

139a. Director of Cost Assessment and Program Evaluation. 

139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: 

joint guidance. 

139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy. 

[139d, 139e. Renumbered.] 

140. General Counsel. 

[140a to 140c. Renumbered.] 

141. Inspector General. 

[142. Renumbered.] 

143. Office of the Secretary of Defense personnel: limitation. 

144. Director of Small Business Programs. 

§ 131. Office of the Secretary of Defense 

(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed 

by law. 

(b) The Office of the Secretary of Defense is composed of the 

following: 

(1) The Deputy Secretary of Defense. 

(2) The Under Secretaries of Defense, as follows: 

(A) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

(B) The Under Secretary of Defense for Policy. 

(C) The Under Secretary of Defense (Comptroller). 
§ 131 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 70 

(D) The Under Secretary of Defense for Personnel and 

Readiness. 

(E) The Under Secretary of Defense for Intelligence. 

(3) The Deputy Chief Management Officer of the Department of Defense. 

(4) Other officers who are appointed by the President, by 

and with the advice and consent of the Senate, and who report 

directly to the Secretary and Deputy Secretary without intervening authority, as follows: 

(A) The Director of Cost Assessment and Program 

Evaluation. 

(B) The Director of Operational Test and Evaluation. 

(C) The General Counsel of the Department of Defense. 

(D) The Inspector General of the Department of Defense. 

(5) The Principal Deputy Under Secretaries of Defense. 

(6) The Assistant Secretaries of Defense. 

(7) Other officials provided for by law, as follows: 

(A) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to 

section 139b(a) of this title. 

(B) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of 

this title. 

(C) The Deputy Assistant Secretary of Defense for 

Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title. 

(D) The Director of Small Business Programs appointed pursuant to section 144 of this title. 

(E) The official designated under section 1501(a) of 

this title to have responsibility for Department of Defense 

matters relating to missing persons as set forth in section 

1501 of this title. 

(F) The Director of Family Policy under section 1781 

of this title. 

(G) The Director of the Office of Corrosion Policy and 

Oversight assigned pursuant to section 2228(a) of this 

title. 

(H) The official designated under section 2438(a) of 

this title to have responsibility for conducting and overseeing performance assessments and root cause analyses 

for major defense acquisition programs. 

(8) Such other offices and officials as may be established 

by law or the Secretary of Defense may establish or designate 

in the Office. 

(c) Officers of the armed forces may be assigned or detailed to 

permanent duty in the Office of the Secretary of Defense. However, 

the Secretary may not establish a military staff in the Office of the 

Secretary of Defense. 

(d) The Secretary of each military department, and the civilian 

employees and members of the armed forces under the jurisdiction 

of the Secretary, shall cooperate fully with personnel of the Office 

of the Secretary of Defense to achieve efficient administration of 
71 § 132a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense. 

(Added Pub. L. 99–433, title I, Sec. 104, Oct. 1, 1986, 100 Stat. 996; amended Pub. L. 103–160, 

div. A, title IX, Sec. 906(a), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 103–337, div. A, title IX, 

Sec. 903(b)(1), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title IX, Sec. 903(e)(1), Feb. 

10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 

2617; Pub. L. 106–65, div. A, title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107– 

314, div. A, title IX, Sec. 901(b)(1), Dec. 2, 2002, 116 Stat. 2619; Pub. L. 110–181, div. A, title 

IX, Sec. 904(a)(4), Jan. 28, 2008, 122 Stat. 274; Pub. L. 110–417, [div. A], title X, Sec. 1061(b)(7), 

Oct. 14, 2008, 122 Stat. 4613; Pub. L. 111–383, div. A, title IX, Sec. 901(b)(2), (m)(1), Jan. 7, 

2011, 124 Stat. 4317, 4326.) 

§ 132. Deputy Secretary of Defense 

(a) There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of 

the Senate. A person may not be appointed as Deputy Secretary of 

Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. 

(b) The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The 

Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary is disabled or there is no Secretary of 

Defense. 

(c) The Deputy Secretary serves as the Chief Management Officer of the Department of Defense. 

(d) The Deputy Secretary takes precedence in the Department 

of Defense immediately after the Secretary. 

(e) Until September 30, 2020, the Deputy Secretary of Defense 

shall lead the Guam Oversight Council and shall be the Department of Defense’s principal representative for coordinating the 

interagency efforts in matters relating to Guam, including the following executive orders: 

(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. 

Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs). 

(2) Executive Order No. 12788 of January 15, 1992, as 

amended (57 Fed. Reg. 2213; relating to the Defense Economic 

Adjustment Program). 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, Sec. 134; amended Pub. 

L. 92–596, Sec. 4(1), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, Sec. 1(a), Oct. 21, 1977, 91 

Stat. 1172; renumbered Sec. 132 and amended Pub. L. 99–433, title I, Sec. 101(a)(7), 110(d)(7), 

Oct. 1, 1986, 100 Stat. 995, 1003; Pub. L. 110–181, div. A, title IX, Secs. 903(b), 904(a)(1), Jan. 

28, 2008, 122 Stat. 273; Pub. L. 111–84, div. B, title XXVIII, Sec. 2831(a), Oct. 28, 2009, 123 

Stat. 2669; Pub. L. 111–383, div. A, title IX, Sec. 901(c)(2), (m)(2), title X, Sec. 1075(b)(4), div. 

B, title XXVIII, Sec. 2821, Jan. 7, 2011, 124 Stat. 4321, 4326, 4369, 4465.) 

§ 132a. Deputy Chief Management Officer 

(a) APPOINTMENT.—There is a Deputy Chief Management Officer of the Department of Defense, appointed from civilian life by 

the President, by and with the advice and consent of the Senate. 

(b) RESPONSIBILITIES.—The Deputy Chief Management Officer 

assists the Deputy Secretary of Defense in the Deputy Secretary’s 

capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title. 

(c) PRECEDENCE.—The Deputy Chief Management Officer takes 

precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense. 
§ 133 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 72 

(Added Pub. L. 111–383, div. A, title IX, Sec. 901(c)(1), Jan. 7, 2011, 124 Stat. 4320.) 

§ 133. Under Secretary of Defense for Acquisition, Technology, and Logistics 

(a) There is an Under Secretary of Defense for Acquisition, 

Technology, and Logistics, 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 management background. 

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall perform such duties and exercise 

such powers relating to acquisition as the Secretary of Defense may 

prescribe, including— 

(1) supervising Department of Defense acquisition; 

(2) establishing policies for acquisition (including procurement of goods and services, research and development, developmental testing, and contract administration) for all elements 

of the Department of Defense; 

(3) establishing policies for logistics, maintenance, and 

sustainment support for all elements of the Department of Defense; 

(4) establishing policies of the Department of Defense for 

maintenance of the defense industrial base of the United 

States; and 

(5) the authority to direct the Secretaries of the military 

departments and the heads of all other elements of the Department of Defense with regard to matters for which the Under 

Secretary has responsibility. 

(c) The Under Secretary— 

(1) is the senior procurement executive for the Department 

of Defense for the purposes of section 1702(c) of title 41; 

(2) is the Defense Acquisition Executive for purposes of 

regulations and procedures of the Department providing for a 

Defense Acquisition Executive; and 

(3) to the extent directed by the Secretary, exercises 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. 

(d)(1) The Under Secretary shall prescribe policies to ensure 

that audit and oversight of contractor activities are coordinated 

and carried out in a manner to prevent duplication by different elements of the Department. Such policies shall provide for coordination of the annual plans developed by each such element for the 

conduct of audit and oversight functions within each contracting 

activity. 

(2) In carrying out this subsection, the Under Secretary shall 

consult with the Inspector General of the Department of Defense. 

(3) Nothing in this subsection shall affect the authority of the 

Inspector General of the Department of Defense to establish audit 

policy for the Department of Defense under the Inspector General 

Act of 1978 and otherwise to carry out the functions of the Inspector General under that Act. 
73 § 134 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

(e)(1) With regard to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

takes precedence in the Department of Defense after the Secretary 

of Defense and the Deputy Secretary of Defense. 

(2) With regard to all matters other than matters for which he 

has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of 

Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. 

(Added Pub. L. 99–348, title V, Sec. 501(a), July 1, 1986, 100 Stat. 707, Sec. 134a; renumbered 

Sec. 133 and amended Pub. L. 99–433, title I, Sec. 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 

Stat. 995, 1002, 1003; Pub. L. 99–500, Sec. 101(c) [title X, Sec. 901], Oct. 18, 1986, 100 Stat. 

1783–82, 1783–130, and Pub. L. 99–591, Sec. 101(c) [title X, Sec. 901], Oct. 30, 1986, 100 Stat. 

3341–82, 3341–130; Pub. L. 99–661, div. A, title IX, formerly title IV, Sec. 901, Nov. 14, 1986, 

100 Stat. 3910, renumbered title IX, Pub. L. 100–26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; 

Pub. L. 100–456, div. A, title VIII, Sec. 809(d), Sept. 29, 1988, 102 Stat. 2013; Pub. L. 103– 

160, div. A, title IX, Sec. 904(b), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title 

IX, Sec. 911(a)(2), (d)(2), Oct. 5, 1999, 113 Stat. 717, 719; Pub. L. 107–107, div. A, title VIII, 

Sec. 801(a), Dec. 28, 2001, 115 Stat. 1174; Pub. L. 109–364, div. A, title X, Sec. 1071(a)(2), Oct. 

17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, Sec. 907, Jan. 28, 2008, 122 Stat. 

277; Pub. L. 111–350, Sec. 5(b)(1), Jan. 4, 2011, 124 Stat. 3842.) 

[§ 133a. Repealed. Pub. L. 111–383, div. A, title IX, Sec. 

901(b)(1), Jan. 7, 2011, 124 Stat. 4317] 

[§ 133b. Renumbered 138a] 

§ 134. Under Secretary of Defense for Policy 

(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice 

and consent of the Senate. 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)(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. 

(2) The Under Secretary shall assist the Secretary of Defense— 

(A) in preparing written policy guidance for the preparation and review of contingency plans; and 

(B) in reviewing such plans. 

(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for 

supervising and directing activities of the Department of Defense 

relating to export controls. 

(4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall 

have overall direction and supervision for policy, program planning 

and execution, and allocation and use of resources for the activities 

of the Department of Defense for combating terrorism. 

(c) The Under Secretary takes precedence in the Department 

of Defense after the Secretary of Defense, the Deputy Secretary of 

Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Secretaries of the military departments. 

(Added Pub. L. 99–433, title I, Sec. 105(1), Oct. 1, 1986, 100 Stat. 997; amended Pub. L. 99– 

500, Sec. 101(c) [title X, Sec. 903(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 

99–591, Sec. 101(c) [title X, Sec. 903(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 

99–661, div. A, title IX, formerly title IV, Sec. 903(a), Nov. 14, 1986, 100 Stat. 3911, renumbered 

title IX, Pub. L. 100–26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title 
[§ 134a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 74 

IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title XV, Sec. 1521(a), 

Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106–65, div. A, title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 

Stat. 719; Pub. L. 107–314, div. A, title IX, Sec. 902(b), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 

110–181, div. A, title IX, Sec. 903(c), Jan. 28, 2008, 122 Stat. 273.) 

[§ 134a. Repealed. Pub. L. 111–383, div. A, title IX, Sec. 

901(b)(1), Jan. 7, 2011, 124 Stat. 4317] 

[§ 134b. Repealed. Pub. L. 111–84, div. A, title IX, Sec. 

905(a)(1), Oct. 28, 2009, 123 Stat. 2425] 

§ 135. Under Secretary of Defense (Comptroller) 

(a) There is an Under Secretary of Defense (Comptroller), appointed from civilian life by the President, by and with the advice 

and consent of the Senate. 

(b) The Under Secretary of Defense (Comptroller) is the agency 

Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31. The Under Secretary of Defense 

(Comptroller) shall perform such additional duties and exercise 

such powers as the Secretary of Defense may prescribe. 

(c) The Under Secretary of Defense (Comptroller) shall advise 

and assist the Secretary of Defense— 

(1) in performing such budgetary and fiscal functions and 

duties, and in exercising such budgetary and fiscal powers, as 

are needed to carry out the powers of the Secretary; 

(2) in supervising and directing the preparation of budget 

estimates of the Department of Defense; 

(3) in establishing and supervising the execution of principles, policies, and procedures to be followed in connection 

with organizational and administrative matters relating to— 

(A) the preparation and execution of budgets; 

(B) fiscal, cost, operating, and capital property accounting; and 

(C) progress and statistical reporting; 

(4) in establishing and supervising the execution of policies 

and procedures relating to the expenditure and collection of 

funds administered by the Department of Defense; and 

(5) in establishing uniform terminologies, classifications, 

and procedures concerning matters covered by paragraphs (1) 

through (4). 

(d) The Under Secretary of Defense (Comptroller) takes precedence in the Department of Defense after the Under Secretary of 

Defense for Policy. 

(e) The Under Secretary of Defense (Comptroller) shall ensure 

that each of the congressional defense committees is informed, in 

a timely manner, regarding all matters relating to the budgetary, 

fiscal, and analytic activities of the Department of Defense that are 

under the supervision of the Under Secretary of Defense (Comptroller). 

(Added Pub. L. 99–433, title I, Sec. 107, Oct. 1, 1986, 100 Stat. 998, Sec. 137; renumbered Sec. 

135 and amended Pub. L. 103–160, div. A, title IX, Sec. 901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 

107 Stat. 1726, 1727; Pub. L. 103–337, div. A, title IX, Sec. 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 

2823; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(6), Feb. 10, 1996, 110 Stat. 502; Pub. L. 

106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title 

X, Sec. 1043(b)(1), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 111–383, div. A, title IX, Sec. 

901(m)(3), Jan. 7, 2011, 124 Stat. 4326.) 
75 § 137a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

§ 136. Under Secretary of Defense for Personnel and Readiness 

(a) There is an Under Secretary of Defense for Personnel and 

Readiness, appointed from civilian life by the President, by and 

with the advice and consent of the Senate. 

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel 

and Readiness shall perform such duties and exercise such powers 

as the Secretary of Defense may prescribe in the areas of military 

readiness, total force management, military and civilian personnel 

requirements, military and civilian personnel training, military and 

civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons 

support, National Guard and reserve components, and health affairs. 

(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the 

Under Secretary of Defense (Comptroller). 

(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control 

of the Secretary of Defense, for the monitoring of the operations 

tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards 

within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish 

uniform reporting systems for tracking deployments. 

(Added Pub. L. 103–160, div. A, title IX, Sec. 903(a), Nov. 30, 1993, 107 Stat. 1727; amended 

Pub. L. 104–106, div. A, title XV, Sec. 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106– 

65, div. A, title IX, Sec. 923(a), title X, Sec. 1066(a)(1), Oct. 5, 1999, 113 Stat. 724, 770.) 

[§ 136a. Repealed. Pub. L. 111–383, div. A, title IX, Sec. 

901(b)(1), Jan. 7, 2011, 124 Stat. 4317] 

§ 137. Under Secretary of Defense for Intelligence 

(a) There is an Under Secretary of Defense for Intelligence, appointed from civilian life by the President, by and with the advice 

and consent of the Senate. 

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence 

shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence. 

(c) The Under Secretary of Defense for Intelligence takes precedence in the Department of Defense after the Under Secretary of 

Defense for Personnel and Readiness. 

(Added Pub. L. 107–314, div. A, title IX, Sec. 901(a)(2), Dec. 2, 2002, 116 Stat. 2619.) 

§ 137a. Principal Deputy Under Secretaries of Defense 

(a)(1) There are five Principal Deputy Under Secretaries of Defense. 

(2) The Principal Deputy Under Secretaries of Defense shall be 

appointed from civilian life by the President, by and with the advice and consent of the Senate. 
§ 138 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 76 

(b) Each Principal Deputy Under Secretary of Defense shall be 

the first assistant to an Under Secretary of Defense and shall assist such Under Secretary in the performance of the duties of the 

position of such Under Secretary and shall act for, and exercise the 

powers of, such Under Secretary when such Under Secretary is absent or disabled. 

(c)(1) One of the Principal Deputy Under Secretaries is the 

Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(2) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Policy. 

(3) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Personnel and Readiness. 

(4) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense (Comptroller). 

(5) One of the Principal Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Intelligence, who shall 

be appointed from among persons who have extensive expertise in 

intelligence matters. 

(d) The Principal Deputy Under Secretaries of Defense take 

precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense. The 

Principal Deputy Under Secretaries shall take precedence among 

themselves in the order prescribed by the Secretary of Defense. 

(Added Pub. L. 111–84, div. A, title IX, Sec. 906(a)(1), Oct. 28, 2009, 123 Stat. 2425; amended 

Pub. L. 111–383, div. A, title IX, Sec. 901(b)(3), (k)(1)(A), Jan. 7, 2011, 124 Stat. 4318, 4325.) 

§ 138. Assistant Secretaries of Defense 

(a)(1) There are 16 Assistant Secretaries of Defense. 

(2) The Assistant Secretaries of Defense shall be appointed 

from civilian life by the President, by and with the advice and consent of the Senate. 

(b)(1) The Assistant Secretaries shall perform such duties and 

exercise such powers as the Secretary of Defense may prescribe. 

(2) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Reserve Affairs. He shall have as his principal duty 

the overall supervision of reserve component affairs of the Department of Defense. 

(3) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Homeland Defense. He shall have as his principal 

duty the overall supervision of the homeland defense activities of 

the Department of Defense. 

(4) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Special Operations and Low Intensity Conflict. He 

shall have as his principal duty the overall supervision (including 

oversight of policy and resources) of special operations activities (as 

defined in section 167(j) of this title) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is 

the principal civilian adviser to the Secretary of Defense on special 

operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations 
77 § 138 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

and low intensity conflict official within the senior management of 

the Department of Defense. 

(5) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Legislative Affairs. He shall have as his principal 

duty the overall supervision of legislative affairs of the Department 

of Defense. 

(6) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Acquisition. The Assistant Secretary of Defense for 

Acquisition is the principal adviser to the Secretary of Defense and 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics on matters relating to acquisition. 

(7) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Logistics and Materiel Readiness. In addition to any 

duties and powers prescribed under paragraph (1), the Assistant 

Secretary of Defense for Logistics and Materiel Readiness shall 

have the duties specified in section 138a of this title. 

(8) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Research and Engineering. In addition to any duties 

and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in section 138b of this title. 

(9) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Operational Energy Plans and Programs. In addition 

to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title. 

(10) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Nuclear, Chemical, and Biological Defense Programs. 

In addition to any duties and powers prescribed under paragraph 

(1), the Assistant Secretary of Defense for Nuclear, Chemical, and 

Biological Defense Programs shall have the duties specified in section 138d of this title. 

(c) Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless— 

(1) the Secretary of Defense has specifically delegated that 

authority to the Assistant Secretary in writing; and 

(2) the order is issued through the Secretary of the military department concerned. 

(d) The Assistant Secretaries take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the 

Under Secretaries of Defense, the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions 

specified in section 131(b)(4) of this title, and the Principal Deputy 

Under Secretaries of Defense. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary 

of Defense. 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, Sec. 136; amended Pub. 

L. 90–168, Sec. 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub. L. 91–121, title IV, Sec. 404(a), Nov. 

19, 1969, 83 Stat. 207; Pub. L. 92–215, Sec. 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92–596, Sec. 

4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, Sec. 3(a), Oct. 21, 1977, 91 Stat. 1173; Pub. 

L. 96–107, title VIII, Sec. 820(a), Nov. 9, 1979, 93 Stat. 819; Pub. L. 98–94, title XII, Sec. 

1212(a), Sept. 24, 1983, 97 Stat. 686; Pub. L. 99–433, title I, Sec. 106, 110(d)(9), Oct. 1, 1986, 

100 Stat. 997, 1003; Pub. L. 99–500, Sec. 101(c) [title IX, Sec. 9115(a)], Oct. 18, 1986, 100 Stat. 

1783–82, 1783–122, and Pub. L. 99–591, Sec. 101(c) [title IX, Sec. 9115(a)], Oct. 30, 1986, 100 
§ 138a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 78 

Stat. 3341–82, 3341–122; Pub. L. 99–661, div. A, title XIII, Sec. 1311(a), Nov. 14, 1986, 100 Stat. 

3983; Pub. L. 100–180, div. A, title XII, Sec. 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L. 

100–453, title VII, Sec. 702, Sept. 29, 1988, 102 Stat. 1912; Pub. L. 100–456, div. A, title VII, 

Sec. 701, Sept. 29, 1988, 102 Stat. 1992; renumbered Sec. 138 and amended Pub. L. 103–160, 

div. A, title IX, Sec. 901(a)(1), (c), 903(c)(1), 905, Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. 

L. 103–337, div. A, title IX, Sec. 901(a), 903(b)(2), Oct. 5, 1994, 108 Stat. 2822, 2823; Pub. L. 

104–106, div. A, title IX, Secs. 902(a), 903(b), (e)(2), Feb. 10, 1996, 110 Stat. 401, 402; Pub. L. 

104–201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 105–261, div. A, title 

IX, Secs. 901(a), 902, Oct. 17, 1998, 112 Stat. 2091; Pub. L. 106–398, Sec. 1[[div. A], title IX, 

Sec. 901], Oct. 30, 2000, 114 Stat. 1654, 1654A–223; Pub. L. 107–107, div. A, title IX, Sec. 

901(c)(1), Dec. 28, 2001, 115 Stat. 1194; Pub. L. 107–314, div. A, title IX, Sec. 902(a), (c), (d), 

Dec. 2, 2002, 116 Stat. 2620, 2621; Pub. L. 109–364, div. A, title IX, Sec. 901(a), Oct. 17, 2006, 

120 Stat. 2350; Pub. L. 111–84, div. A, title IX, Sec. 906(b)(2), Oct. 28, 2009, 123 Stat. 2426; 

Pub. L. 111–383, div. A, title IX, Sec. 901(b)(4), Jan. 7, 2011, 124 Stat. 4319.) 

§ 138a. Assistant Secretary of Defense for Logistics and Materiel Readiness 

(a) The Assistant Secretary of Defense for Logistics and Materiel Readiness shall be appointed from among persons with an extensive background in the sustainment of major weapon systems 

and combat support equipment. 

(b) The Assistant Secretary is the principal adviser to the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics on logistics and materiel readiness in the Department of Defense and is the principal logistics official within the 

senior management of the Department of Defense. 

(c) The Assistant Secretary shall perform such duties relating 

to logistics and materiel readiness as the Under Secretary of Defense for Acquisition, Technology, and Logistics may assign, including— 

(1) prescribing, by authority of the Secretary of Defense, 

policies and procedures for the conduct of logistics, maintenance, materiel readiness, and sustainment support in the Department of Defense; 

(2) advising and assisting the Secretary of Defense, the 

Deputy Secretary of Defense, and the Under Secretary of Defense for Acquisition, Technology, and Logistics providing guidance to and consulting with the Secretaries of the military departments, with respect to logistics, maintenance, materiel 

readiness, and sustainment support in the Department of Defense; and 

(3) monitoring and reviewing all logistics, maintenance, 

materiel readiness, and sustainment support programs in the 

Department of Defense. 

(Added Pub. L. 106–65, div. A, title IX, Sec. 911(b)(1), Oct. 5, 1999, 113 Stat. 718, Sec. 133b; 

renumbered Sec. 138a and amended Pub. L. 111–84, div. A, title IX, Sec. 906(b)(1), (c)(2)(D), 

Oct. 28, 2009, 123 Stat. 2426, 2427; Pub. L. 111–383, div. A, title IX, Sec. 901(b)(5), Jan. 7, 2011, 

124 Stat. 4319.) 

§ 138b. Assistant Secretary of Defense for Research and Engineering 

(a) Except as otherwise prescribed by the Secretary of Defense, 

the Assistant Secretary of Defense for Research and Engineering 

shall perform such duties relating to research and engineering as 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics may prescribe. 

(b)(1) The Assistant Secretary of Defense for Research and Engineering, in consultation with the Director of Developmental Test 

and Evaluation, shall periodically review and assess the techno-
79 § 138c CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

logical maturity and integration risk of critical technologies of the 

major defense acquisition programs of the Department of Defense 

and report on the findings of such reviews and assessments to the 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(2) The Assistant Secretary shall submit to the Secretary of 

Defense and to the congressional defense committees by March 1 

of each year a report on the technological maturity and integration 

risk of critical technologies of the major defense acquisition programs of the Department of Defense. 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, Sec. 135; amended Pub. 

L. 92–596, Sec. 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, Sec. 2(a), Oct. 21, 1977, 91 

Stat. 1172; Pub. L. 99–348, title V, Sec. 501(b)(1), (2), (e)(1), July 1, 1986, 100 Stat. 707, 708; 

Pub. L. 99–433, title I, Sec. 105, Oct. 1, 1986, 100 Stat. 997; Pub. L. 99–500, Sec. 101(c) [title 

X, Sec. 903(b)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, Sec. 101(c) 

[title X, Sec. 903(b)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–661, div. A, title 

IX, formerly title IV, Sec. 903(b)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. 

L. 100–26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; renumbered Sec. 137 and amended Pub. L. 

103–160, div. A, title IX, Sec. 901(a)(1), 904(d)(1), Nov. 30, 1993, 107 Stat. 1726, 1728; Pub. L. 

104–106, div. A, title IX, Sec. 903(c)(3), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, 

title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, Sec. 911(d)(1), 

Oct. 5, 1999, 113 Stat. 719; renumbered Sec. 139a, Pub. L. 107–314, div. A, title IX, Sec. 

901(a)(1), Dec. 2, 2002, 116 Stat. 2619; Pub. L. 111–23, title I, Sec. 104(a)(1), May 22, 2009, 

123 Stat. 1717; renumbered Sec. 138b and amended Pub. L. 111–383, div. A, title IX, Sec. 

901(b)(6), (k)(1)(B), Jan. 7, 2011, 124 Stat. 4319, 4325.) 

§ 138c. Assistant Secretary of Defense for Operational Energy Plans and Programs 

(a) APPOINTMENT.—The Assistant Secretary of Defense for 

Operational Energy Plans and Programs shall be appointed without regard to political affiliation and solely on the basis of fitness 

to perform the duties of the office of Assistant Secretary. 

(b) DUTIES.—The Assistant Secretary shall— 

(1) provide leadership and facilitate communication regarding, and conduct oversight to manage and be accountable 

for, operational energy plans and programs within the Department of Defense and the Army, Navy, Air Force, and Marine 

Corps; 

(2) establish the operational energy strategy; 

(3) coordinate and oversee planning and program activities 

of the Department of Defense and the Army, Navy, Air Force, 

and the Marine Corps related to— 

(A) implementation of the operational energy strategy; 

(B) the consideration of operational energy demands in 

defense planning, requirements, and acquisition processes; 

and 

(C) research and development investments related to 

operational energy demand and supply technologies; and 

(4) monitor and review all operational energy initiatives in 

the Department of Defense. 

(c) PRINCIPAL ADVISOR FOR OPERATIONAL ENERGY PLANS AND

PROGRAMS.—(1) The Assistant Secretary is the principal adviser to 

the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs and the principal 

policy official within the senior management of the Department of 

Defense regarding operational energy plans and programs. 

(2) The Assistant Secretary may communicate views on matters related to operational energy plans and programs and the 
§ 138c CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 80 

operational energy strategy required by subsection (d) directly to 

the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. 

(d) OPERATIONAL ENERGY STRATEGY.—(1) The Assistant Secretary shall be responsible for the establishment and maintenance 

of a department-wide transformational strategy for operational energy. The strategy shall establish near-term, mid-term, and longterm goals, performance metrics to measure progress in meeting 

the goals, and a plan for implementation of the strategy within the 

military departments, the Office of the Secretary of Defense, and 

Defense Agencies. 

(2) The Secretary of each military department shall designate 

a senior official within each armed force under the jurisdiction of 

the Secretary who shall be responsible for operational energy plans 

and programs for that armed force. The officials so designated shall 

be responsible for coordinating with the Assistant Secretary and 

implementing initiatives pursuant to the strategy with regard to 

that official’s armed force. 

(3) By authority of the Secretary of Defense, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy. The Assistant Secretary shall provide guidance 

to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and 

the officials designated under paragraph (2) with respect to specific 

operational energy plans and programs to be carried out pursuant 

to the strategy. 

(4) Updates to the strategy required by paragraph (1) shall be 

submitted to the congressional defense committees as soon as practicable after the modifications to the strategy are made. 

(e) BUDGETARY AND FINANCIAL MATTERS.—(1) The Assistant 

Secretary shall review and make recommendations to the Secretary 

of Defense regarding all budgetary and financial matters relating 

to the operational energy strategy. 

(2) The Secretary of Defense shall require that the Secretary 

of each military department and the head of each Defense Agency 

with responsibility for executing activities associated with the 

strategy transmit their proposed budget for those activities for a 

fiscal year to the Assistant Secretary for review before submission 

of the proposed budget to the Under Secretary of Defense (Comptroller). 

(3) The Assistant Secretary shall review a proposed budget 

transmitted under paragraph (2) for a fiscal year and, not later 

than January 31 of the preceding fiscal year, shall submit to the 

Secretary of Defense a report containing the comments of the Assistant Secretary with respect to the proposed budget, together 

with the certification of the Assistant Secretary regarding whether 

the proposed budget is adequate for implementation of the strategy. 

(4) Not later than 10 days after the date on which the budget 

for a fiscal year is submitted to Congress pursuant to section 1105 

of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that the Assistant 
81 § 138d CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

Secretary has not certified under paragraph (3). The report shall 

include the following: 

(A) A discussion of the actions that the Secretary proposes 

to take, together with any recommended legislation that the 

Secretary considers appropriate, to address the inadequacy of 

the proposed budgets. 

(B) Any additional comments that the Secretary considers 

appropriate regarding the inadequacy of the proposed budgets. 

(5) The report required by paragraph (4) shall also include a 

separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary. 

(f) ACCESS TO INITIATIVE RESULTS AND RECORDS.—(1) The Secretary of a military department shall submit to the Assistant Secretary the results of all studies and initiatives conducted by the 

military department in connection with the operational energy 

strategy. 

(2) The Assistant Secretary shall have access to all records and 

data in the Department of Defense (including the records and data 

of each military department) necessary in order to permit the Assistant Secretary to carry out the duties of the Assistant Secretary. 

(g) STAFF.—The Assistant Secretary shall have a dedicated 

professional staff of military and civilian personnel in a number 

sufficient to enable the Assistant Secretary to carry out the duties 

and responsibilities of the Assistant Secretary. 

(h) DEFINITIONS.—In this section: 

(1) OPERATIONAL ENERGY.—The term ‘‘operational energy’’ 

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

(2) OPERATIONAL ENERGY STRATEGY.—The terms ‘‘operational energy strategy’’ and ‘‘strategy’’ mean the operational 

energy strategy developed under subsection (d). 

(Added Pub. L. 110–417, [div. A], title IX, Sec. 902(a), Oct. 14, 2008, 122 Stat. 4564, Sec. 139b; 

renumbered Sec. 138c and amended Pub. L. 111–383, div. A, title IX, Sec. 901(b)(7), (k)(1)(C), 

Jan. 7, 2011, 124 Stat. 4320, 4325.) 

§ 138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs 

(a) The Assistant Secretary of Defense for Nuclear, Chemical, 

and Biological Defense Programs shall— 

(1) advise the Secretary of Defense on nuclear energy, nuclear weapons, and chemical and biological defense; 

(2) serve as the Staff Director of the Nuclear Weapons 

Council established by section 179 of this title; and 

(3) perform such additional duties as the Secretary may 

prescribe. 

(b) The Assistant Secretary may communicate views on issues 

within the responsibility of the Assistant Secretary directly to the 

Secretary of Defense and the Deputy Secretary of Defense without 

obtaining the approval or concurrence of any other official within 

the Department of Defense. 

(Added Pub. L. 100–180, div. A, title XII, Sec. 1245(a)(1), Dec. 4, 1987, 101 Stat. 1165, Sec. 141; 

renumbered Sec. 142, Pub. L. 103–160, div. A, title IX, Sec. 901(a)(1), Nov. 30, 1993, 107 Stat. 
§ 139 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 82 

1726; amended Pub. L. 104–106, div. A, title IX, Sec. 903(c)(4), 904(a)(1), Feb. 10, 1996, 110 

Stat. 402, 403; Pub. L. 104–201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. 

L. 110–417, [div. A], title IX, Sec. 905, Oct. 14, 2008, 122 Stat. 4568; renumbered Sec. 138d and 

amended Pub. L. 111–383, div. A, title IX, Sec. 901(b)(8), (k)(1)(D), Jan. 7, 2011, 124 Stat. 4320, 

4325.) 

§ 139. Director of Operational Test and Evaluation 

(a)(1) There is a Director of Operational Test and Evaluation 

in the Department of Defense, appointed from civilian life by the 

President, by and with the advice and consent of the Senate. The 

Director shall be appointed without regard to political affiliation 

and solely on the basis of fitness to perform the duties of the office 

of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. 

(2) In this section: 

(A) The term ‘‘operational test and evaluation’’ means— 

(i) the field test, under realistic combat conditions, of 

any item of (or key component of) weapons, equipment, or 

munitions for the purpose of determining the effectiveness 

and suitability of the weapons, equipment, or munitions 

for use in combat by typical military users; and 

(ii) the evaluation of the results of such test. 

(B) The term ‘‘major defense acquisition program’’ means 

a Department of Defense acquisition program that is a major 

defense acquisition program for purposes of section 2430 of this 

title or that is designated as such a program by the Director 

for purposes of this section. 

(b) The Director is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of 

Defense. The Director shall— 

(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of operational test and 

evaluation in the Department of Defense; 

(2) provide guidance to and consult with the Secretary of 

Defense and the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Secretaries of the military 

departments with respect to operational test and evaluation in 

the Department of Defense in general and with respect to specific operational test and evaluation to be conducted in connection with a major defense acquisition program; 

(3) monitor and review all operational test and evaluation 

in the Department of Defense; 

(4) coordinate operational testing conducted jointly by 

more than one military department or defense agency; 

(5) review and make recommendations to the Secretary of 

Defense on all budgetary and financial matters relating to 

operational test and evaluation, including operational test facilities and equipment, in the Department of Defense; and 

(6) monitor and review the live fire testing activities of the 

Department of Defense provided for under section 2366 of this 

title. 
83 § 139 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

(c) The Director may communicate views on matters within the 

responsibility of the Director directly to the Secretary of Defense 

and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department 

of Defense. The Director shall consult closely with, but the Director 

and the Director’s staff are independent of, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics and all other officers and entities of the Department of Defense responsible for acquisition. 

(d) The Director may not be assigned any responsibility for developmental test and evaluation, other than the provision of advice 

to officials responsible for such testing. 

(e)(1) The Secretary of a military department shall report 

promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in connection with operational 

test and evaluation in the military department. 

(2) The Director may require that such observers as he designates be present during the preparation for and the conduct of 

the test part of any operational test and evaluation conducted in 

the Department of Defense. 

(3) The Director shall have access to all records and data in the 

Department of Defense (including the records and data of each 

military department) that the Director considers necessary to review in order to carry out his duties under this section. 

(f)(1) The Director of the Missile Defense Agency shall make 

available to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense 

Agency and of all studies conducted by the Missile Defense Agency 

in connection with tests and evaluations in the Missile Defense 

Agency. 

(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present 

during the preparation for and the conducting of any test and evaluation conducted by the Missile Defense Agency. 

(3) The Director of Operational Test and Evaluation shall have 

access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that 

the Director considers necessary to review in order to carry out his 

duties under this subsection. 

(g) The Director shall ensure that safety concerns developed 

during the operational test and evaluation of a weapon system 

under a major defense acquisition program are communicated in a 

timely manner to the program manager for that program for consideration in the acquisition decisionmaking process. 

(h)(1) The Director shall prepare an annual report summarizing the operational test and evaluation activities (including live 

fire testing activities) of the Department of Defense during the preceding fiscal year. 

(2) Each such report shall be submitted concurrently to the 

Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Congress not later than 10 

days after the transmission of the budget for the next fiscal year 

under section 1105 of title 31. 
§ 139a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 84 

(3) If the Director submits the report to Congress in a classified form, the Director shall concurrently submit an unclassified 

version of the report to Congress. 

(4) The report shall include such comments and recommendations as the Director considers appropriate, including comments 

and recommendations on resources and facilities available for operational test and evaluation and levels of funding made available for 

operational test and evaluation activities. The report for a fiscal 

year shall also include an assessment of the waivers of and deviations from requirements in test and evaluation master plans and 

other testing requirements that occurred during the fiscal year, any 

concerns raised by the waivers or deviations, and the actions that 

have been taken or are planned to be taken to address the concerns. 

(5) The Secretary may comment on any report of the Director 

to Congress under this subsection. 

(i) The Director shall comply with requests from Congress (or 

any committee of either House of Congress) for information relating 

to operational test and evaluation in the Department of Defense. 

(j) The President shall include in the Budget transmitted to 

Congress pursuant to section 1105 of title 31 for each fiscal year 

a separate statement of estimated expenditures and proposed appropriations for that fiscal year for the activities of the Director of 

Operational Test and Evaluation in carrying out the duties and responsibilities of the Director under this section. 

(k) The Director shall have sufficient professional staff of military and civilian personnel to enable the Director to carry out the 

duties and responsibilities of the Director prescribed by law. 

(Added Pub. L. 98–94, title XII, Sec. 1211(a)(1), Sept. 24, 1983, 97 Stat. 684, Sec. 136a; amended 

Pub. L. 99–348, title V, Sec. 501(c), July 1, 1986, 100 Stat. 708; renumbered Sec. 138 and 

amended Pub. L. 99–433, title I, Sec. 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 995, 

1003, 1004; Pub. L. 99–500, Sec. 101(c) [title X, Sec. 903(c), 910(c)), Oct. 18, 1986, 100 Stat. 

1783–82, 1783–132, 1783–145, and Pub. L. 99–591, Sec. 101(c) [title X, Sec. 903(c), 910(c)], Oct. 

30, 1986, 100 Stat. 3341–82, 3341–132, 3341–145; Pub. L. 99–661, div. A, title IX, formerly title 

IV, Sec. 903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912, 3924, renumbered title IX, Pub. L. 100– 

26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, Sec. 7(a)(1), (c)(2), Apr. 21, 1987, 

101 Stat. 275, 280; Pub. L. 100–180, div. A, title VIII, Sec. 801, Dec. 4, 1987, 101 Stat. 1123; 

Pub. L. 101–189, div. A, title VIII, Sec. 802(b), title XVI, Sec. 1622(e)(1), Nov. 29, 1989, 103 Stat. 

1486, 1605; Pub. L. 101–510, div. A, title XIV, Sec. 1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; 

renumbered Sec. 139 and amended Pub. L. 103–160, div. A, title IX, Sec. 901(a)(1), 904(d)(1), 

907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730; Pub. L. 103–355, title III, Secs. 3011–3013, Oct. 

13, 1994, 108 Stat. 3331, 3332; Pub. L. 106–65, div. A, title IX, Sec. 911(a)(1), (d)(1), Oct. 5, 

1999, 113 Stat. 717, 719; Pub. L. 107–107, div. A, title II, Sec. 263, title X, Sec. 1048(b)(2) , 

Dec. 28, 2001, 115 Stat. 1044, 1225; Pub. L. 107–314, div. A, title II, Sec. 235, Dec. 2, 2002, 

116 Stat. 2491; Pub. L. 109–364, div. A, title II, Sec. 231(f), Oct. 17, 2006, 120 Stat. 2133; Pub. 

L. 110–181, div. A, title II, Sec. 221, Jan. 28, 2008, 122 Stat. 37; Pub. L. 110–417, [div. A], title 

II, Sec. 251(c), Oct. 14, 2008, 122 Stat. 4400.) 

§ 139a. Director of Cost Assessment and Program Evaluation 

(a) APPOINTMENT.—There is a Director of Cost Assessment and 

Program Evaluation in the Department of Defense, appointed by 

the President, by and with the advice and consent of the Senate. 

(b) INDEPENDENT ADVICE TO SECRETARY OF DEFENSE.—(1) The 

Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary of Defense and other senior officials 

of the Department of Defense, and shall provide independent analysis and advice to such officials, on the following matters: 
85 § 139a CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

(A) Matters assigned to the Director pursuant to this section and section 2334 of this title. 

(B) Matters assigned to the Director by the Secretary pursuant to section 113 of this title. 

(2) The Director may communicate views on matters within the 

responsibility of the Director directly to the Secretary of Defense 

and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department 

of Defense. 

(c) DEPUTY DIRECTORS.—There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows: 

(1) The Deputy Director for Cost Assessment. 

(2) The Deputy Director for Program Evaluation. 

(d) RESPONSIBILITIES.—The Director of Cost Assessment and 

Program Evaluation shall serve as the principal official within the 

senior management of the Department of Defense for the following: 

(1) Cost estimation and cost analysis for acquisition programs of the Department of Defense, and carrying out the duties assigned pursuant to section 2334 of this title. 

(2) Analysis and advice on matters relating to the planning 

and programming phases of the Planning, Programming, Budgeting and Execution system, and the preparation of materials 

and guidance for such system, as directed by the Secretary of 

Defense, working in coordination with the Under Secretary of 

Defense (Comptroller). 

(3) Analysis and advice for resource discussions relating to 

requirements under consideration in the Joint Requirements 

Oversight Council pursuant to section 181 of this title. 

(4) Formulation of study guidance for analyses of alternatives for major defense acquisition programs and performance of such analyses, as directed by the Secretary of Defense. 

(5) Review, analysis, and evaluation of programs for executing approved strategies and policies, ensuring that information on programs is presented accurately and completely, and 

assessing the effect of spending by the Department of Defense 

on the United States economy. 

(6) Assessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of 

Defense for Acquisition, Technology, and Logistics and the 

Under Secretary of Defense for Intelligence and in accordance 

with applicable policies. 

(7) Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense. 

(8) Leading the development of improved analytical skills 

and competencies within the cost assessment and program 

evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing national security planning and 

the allocation of defense resources. 

(Added Pub. L. 111–23, title I, Sec. 101(a)(1), May 22, 2009, 123 Stat. 1705, Sec. 139c; renumbered Sec. 139a and amended , Pub. L. 111–383, div. A, title IX, Sec. 901(f), title X, Sec. 

1075(b)(5), Jan. 7, 2011, 124 Stat. 4322, 4369.) 
§ 139b CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 86 

§ 139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint 

guidance 

(a) DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION.— 

(1) APPOINTMENT.—There is a Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation, who shall 

be appointed by the Secretary of Defense from among individuals with an expertise in test and evaluation. 

(2) PRINCIPAL ADVISOR FOR DEVELOPMENTAL TEST AND

EVALUATION.—The Deputy Assistant Secretary shall be the 

principal advisor to the Secretary of Defense and the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

on developmental test and evaluation in the Department of Defense. 

(3) SUPERVISION.—The Deputy Assistant Secretary shall be 

subject to the supervision of the Under Secretary of Defense for 

Acquisition, Technology, and Logistics and shall report to the 

Under Secretary. 

(4) COORDINATION WITH DEPUTY ASSISTANT SECRETARY OF

DEFENSE FOR SYSTEMS ENGINEERING.—The Deputy Assistant 

Secretary of Defense for Developmental Test and Evaluation 

shall closely coordinate with the Deputy Assistant Secretary of 

Defense for Systems Engineering to ensure that the developmental test and evaluation activities of the Department of Defense are fully integrated into and consistent with the systems 

engineering and development planning processes of the Department. 

(5) DUTIES.—The Deputy Assistant Secretary shall— 

(A) develop policies and guidance for— 

(i) the conduct of developmental test and evaluation in the Department of Defense (including integration and developmental testing of software); 

(ii) in coordination with the Director of Operational Test and Evaluation, the integration of developmental test and evaluation with operational test 

and evaluation; 

(iii) the conduct of developmental test and evaluation conducted jointly by more than one military department or Defense Agency; 

(B) review and approve the developmental test and 

evaluation plan within the test and evaluation master plan 

for each major defense acquisition program of the Department of Defense; 

(C) monitor and review the developmental test and 

evaluation activities of the major defense acquisition programs; 

(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for developmental test and evaluation; 

(E) periodically review the organizations and capabilities of the military departments with respect to develop-
87 § 139b CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

mental test and evaluation and identify needed changes or 

improvements to such organizations and capabilities, and 

provide input regarding needed changes or improvements 

for the test and evaluation strategic plan developed in accordance with section 196(d) of this title; and 

(F) perform such other activities relating to the developmental test and evaluation activities of the Department 

of Defense as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe. 

(6) ACCESS TO RECORDS.—The Secretary of Defense shall 

ensure that the Deputy Assistant Secretary has access to all 

records and data of the Department of Defense (including the 

records and data of each military department and including 

classified and proprietary information, as appropriate) that the 

Deputy Assistant Secretary considers necessary in order to 

carry out the Deputy Assistant Secretary’s duties under this 

subsection. 

(7) CONCURRENT SERVICE AS DIRECTOR OF DEPARTMENT OF

DEFENSE TEST RESOURCES MANAGEMENT CENTER.—The individual serving as the Deputy Assistant Secretary of Defense for 

Developmental Test and Evaluation may also serve concurrently as the Director of the Department of Defense Test Resource Management Center under section 196 of this title. 

(b) DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR SYSTEMS

ENGINEERING.— 

(1) APPOINTMENT.—There is a Deputy Assistant Secretary 

of Defense for Systems Engineering, who shall be appointed by 

the Secretary of Defense from among individuals with an expertise in systems engineering and development planning. 

(2) PRINCIPAL ADVISOR FOR SYSTEMS ENGINEERING AND DEVELOPMENT PLANNING.—The Deputy Assistant Secretary shall 

be the principal advisor to the Secretary of Defense and the 

Under Secretary of Defense for Acquisition, Technology, and 

Logistics on systems engineering and development planning in 

the Department of Defense. 

(3) SUPERVISION.—The Deputy Assistant Secretary shall be 

subject to the supervision of the Under Secretary of Defense for 

Acquisition, Technology, and Logistics and shall report to the 

Under Secretary. 

(4) COORDINATION WITH DEPUTY ASSISTANT SECRETARY OF

DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION.—The 

Deputy Assistant Secretary of Defense for Systems Engineering shall closely coordinate with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to ensure that the developmental test and evaluation activities of 

the Department of Defense are fully integrated into and consistent with the systems engineering and development planning processes of the Department. 

(5) DUTIES.—The Deputy Assistant Secretary shall— 

(A) develop policies and guidance for— 

(i) the use of systems engineering principles and 

best practices, generally; 
§ 139b CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 88 

(ii) the use of systems engineering approaches to 

enhance reliability, availability, and maintainability 

on major defense acquisition programs; 

(iii) the development of systems engineering master plans for major defense acquisition programs including systems engineering considerations in support 

of lifecycle management and sustainability; and 

(iv) the inclusion of provisions relating to systems 

engineering and reliability growth in requests for proposals; 

(B) review and approve the systems engineering master plan for each major defense acquisition program; 

(C) monitor and review the systems engineering and 

development planning activities of the major defense acquisition programs; 

(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for systems 

engineering, development planning, and lifecycle management and sustainability functions; 

(E) provide input on the inclusion of systems engineering requirements in the process for consideration of joint 

military requirements by the Joint Requirements Oversight Council pursuant to section 181 of this title, including specific input relating to each capabilities development 

document; 

(F) periodically review the organizations and capabilities of the military departments with respect to systems 

engineering, development planning, and lifecycle management and sustainability, and identify needed changes or 

improvements to such organizations and capabilities; and 

(G) perform such other activities relating to the systems engineering and development planning activities of 

the Department of Defense as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe. 

(6) ACCESS TO RECORDS.—The Deputy Assistant Secretary 

shall have access to any records or data of the Department of 

Defense (including the records and data of each military department and including classified and proprietary information 

as appropriate) that the Deputy Assistant Secretary considers 

necessary to review in order to carry out the Deputy Assistant 

Secretary’s duties under this subsection. 

(c) JOINT ANNUAL REPORT.—Not later than March 31 each 

year, beginning in 2010, the Deputy Assistant Secretary of Defense 

for Developmental Test and Evaluation and the Deputy Assistant 

Secretary of Defense for Systems Engineering shall jointly submit 

to the congressional defense committees a report on the activities 

undertaken pursuant to subsections (a) and (b) during the preceding year. Each report shall include a section on activities relating to the major defense acquisition programs which shall set forth, 

at a minimum, the following: 

(1) A discussion of the extent to which the major defense 

acquisition programs are fulfilling the objectives of their sys-
89 § 139c CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

tems engineering master plans and developmental test and 

evaluation plans. 

(2) A discussion of the waivers of and deviations from requirements in test and evaluation master plans, systems engineering master plans, and other testing requirements that occurred during the preceding year with respect to such programs, any concerns raised by such waivers or deviations, and 

the actions that have been taken or are planned to be taken 

to address such concerns. 

(3) An assessment of the organization and capabilities of 

the Department of Defense for systems engineering, development planning, and developmental test and evaluation with respect to such programs. 

(4) Any comments on such report that the Secretary of Defense considers appropriate. 

(d) JOINT GUIDANCE.—The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering shall jointly, 

in coordination with the official designated by the Secretary of Defense under section 103 of the Weapon Systems Acquisition Reform 

Act of 2009, issue guidance on the following: 

(1) The development and tracking of detailed measurable 

performance criteria as part of the systems engineering master 

plans and the developmental test and evaluation plans within 

the test and evaluation master plans of major defense acquisition programs. 

(2) The use of developmental test and evaluation to measure the achievement of specific performance objectives within 

a systems engineering master plan. 

(3) A system for storing and tracking information relating 

to the achievement of the performance criteria and objectives 

specified pursuant to this subsection. 

(e) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 2430 of this title. 

(Added Pub. L. 111–23, title I, Sec. 102(a)(1), May 22, 2009, 123 Stat. 1710, Sec. 139d; renumbered Sec. 139b and amended Pub. L. 111–383, div. A, title IX, Sec. 901(e), (f), (k)(1)(E), title 

X, Sec. 1075(b)(6), Jan. 7, 2011, 124 Stat. 4321, 4322, 4325, 4369.) 

§ 139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy 

(a) APPOINTMENT.—There is a Deputy Assistant Secretary of 

Defense for Manufacturing and Industrial Base Policy, who shall 

be appointed by the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and shall report to the Under Secretary. 

(b) RESPONSIBILITIES.—The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy shall be the 

principal advisor to the Under Secretary of Defense for Acquisition, 

Technology, and Logistics in the performance of the Under Secretary’s duties relating to the following: 

(1) Providing input on industrial base matters to strategy 

reviews, including quadrennial defense reviews conducted pursuant to section 118 of this title. 
[§ 139d CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 90 

(2) Establishing policies of the Department of Defense for 

maintenance of the defense industrial base of the United 

States. 

(3) Providing recommendations to the Under Secretary on 

budget matters pertaining to the industrial base. 

(4) Providing recommendations to the Under Secretary on 

supply chain management and supply chain vulnerability. 

(5) Providing input on industrial base matters to defense 

acquisition policy guidance. 

(6) Establishing the national security objectives concerning 

the national technology and industrial base required under section 2501 of this title. 

(7) Executing the national defense program for analysis of 

the national technology and industrial base required under section 2503 of this title. 

(8) Performing the national technology and industrial base 

periodic defense capability assessments required under section 

2505 of this title. 

(9) Establishing the technology and industrial base policy 

guidance required under section 2506 of this title. 

(10) Executing the authorities of the Manufacturing Technology Program under section 2521 of this title. 

(11) Carrying out the activities of the Department of Defense relating to the Defense Production Act Committee established under section 722 of the Defense Production Act of 1950 

(50 U.S.C. App. 2171). 

(12) Consistent with section 2(b) of the Defense Production 

Act of 1950 (50 U.S.C. App. 2062(b)), executing other applicable authorities provided under the Defense Production Act of 

1950 (50 U.S.C. App. 2061 et seq.), including authorities under 

titles I and II of such Act. 

(13) Establishing policies related to international technology security and export control issues. 

(14) Establishing policies related to industrial independent 

research and development programs under section 2372 of this 

title. 

(15) Such other duties as are assigned by the Under Secretary. 

(c) RULE OF CONSTRUCTION.—Nothing in subsection (b)(9) may 

be construed to limit the authority or modify the policies of the 

Committee on Foreign Investment in the United States established 

under section 721(k) of the Defense Production Act of 1950 (50 

U.S.C. App. 2170(k)). 

(Added Sec. 139e and renumbered Sec. 139c, Pub. L. 111–383, div. A, title VIII, Sec. 896(a), title 

IX, Sec. 901(f), Jan. 7, 2011, 124 Stat. 4314, 4322.) 

[§ 139d. Renumbered 139b] 

[§ 139e. Renumbered 139c] 

§ 140. General Counsel 

(a) There is a General Counsel of the Department of Defense, 

appointed from civilian life by the President, by and with the advice and consent of the Senate. 
91 § 144 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 

(b) The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary 

of Defense may prescribe. 

(Added Pub. L. 87–651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 519, Sec. 137; amended Pub. 

L. 88–426, title III, Sec. 305(9), Aug. 14, 1964, 78 Stat. 423; renumbered Sec. 139 and amended 

Pub. L. 99–433, title I, Sec. 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003; renumbered 

Sec. 140, Pub. L. 103–160, div. A, title IX, Sec. 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.) 

[§ 140a. Renumbered 422] 

[§ 140b. Renumbered 423] 

[§ 140c. Renumbered 130] 

§ 141. Inspector General 

(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector 

General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3). 

(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978. 

(Added Pub. L. 99–433, title I, Sec. 108, Oct. 1, 1986, 100 Stat. 998, Sec. 140; renumbered Sec. 

141, Pub. L. 103–160, div. A, title IX, Sec. 901(a)(1), Nov. 30, 1993, 107 Stat. 1726.) 

[§ 142. Renumbered 138d] 

§ 143. Office of the Secretary of Defense personnel: limitation 

(a) PERMANENT LIMITATION ON OSD PERSONNEL.—The number 

of OSD personnel may not exceed 3,767. 

(b) OSD PERSONNEL DEFINED.—For purposes of this section, 

the term ‘‘OSD personnel’’ means military and civilian personnel of 

the Department of Defense who are assigned to, or employed in, 

functions in the Office of the Secretary of Defense (including Direct 

Support Activities of that Office and the Washington Headquarters 

Services of the Department of Defense). 

(c) LIMITATION ON REASSIGNMENT OF FUNCTIONS.—In carrying 

out reductions in the number of personnel assigned to, or employed 

in, the Office of the Secretary of Defense in order to comply with 

this section, the Secretary of Defense may not reassign functions 

solely in order to evade the requirements contained in this section. 

(Added Pub. L. 105–85, div. A, title IX, Sec. 911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended 

Pub. L. 106–65, div. A, title IX, Sec. 921(c), Oct. 5, 1999, 113 Stat. 723.) 

§ 144. Director of Small Business Programs 

(a) DIRECTOR.—There is a Director of Small Business Programs 

in the Department of Defense. The Director is appointed by the 

Secretary of Defense. 

(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of 

Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense 

under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). 

The Director of Small Business Programs is the head of such office. 

(c) DUTIES AND POWERS.—(1) The Director of Small Business 

Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, 
§ 144 CH. 4—OFFICE OF THE SECRETARY OF DEFENSE 92 

and shall exercise such powers regarding those programs, as the 

Secretary of Defense may prescribe. 

(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), 

except for the designations of the Director and the Office, applies 

to the Director of Small Business Programs. 

(Added Pub. L. 109–163, div. A, title IX, Sec. 904(b)(1), Jan. 6, 2006, 119 Stat. 3400.) 
93 

CHAPTER 5—JOINT CHIEFS OF STAFF 

Sec. 

151. Joint Chiefs of Staff: composition; functions. 

152. Chairman: appointment; grade and rank. 

153. Chairman: functions. 

154. Vice Chairman. 

155. Joint Staff. 

156. Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

§ 151. Joint Chiefs of Staff: composition; functions 

(a) COMPOSITION.—There are in the Department of Defense the 

Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs 

of Staff. The Joint Chiefs of Staff consist of the following: 

(1) The Chairman. 

(2) The Vice Chairman. 

(3) The Chief of Staff of the Army. 

(4) The Chief of Naval Operations. 

(5) The Chief of Staff of the Air Force. 

(6) The Commandant of the Marine Corps. 

(b) FUNCTION AS MILITARY ADVISERS.—(1) The Chairman of the 

Joint Chiefs of Staff is the principal military adviser to the President, the National Security Council, and the Secretary of Defense. 

(2) The other members of the Joint Chiefs of Staff are military 

advisers to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense as specified in 

subsections (d) and (e). 

(c) CONSULTATION BY CHAIRMAN.—(1) In carrying out his functions, duties, and responsibilities, the Chairman shall, as he considers appropriate, consult with and seek the advice of— 

(A) the other members of the Joint Chiefs of Staff; and 

(B) the commanders of the unified and specified combatant 

commands. 

(2) Subject to subsection (d), in presenting advice with respect 

to any matter to the President, the National Security Council, the 

Homeland Security Council, or the Secretary of Defense, the Chairman shall, as he considers appropriate, inform the President, the 

National Security Council, the Homeland Security Council, or the 

Secretary of Defense, as the case may be, of the range of military 

advice and opinion with respect to that matter. 

(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIR- MAN.—(1) A member of the Joint Chiefs of Staff (other than the 

Chairman) may submit to the Chairman advice or an opinion in 

disagreement with, or advice or an opinion in addition to, the advice presented by the Chairman to the President, the National Security Council, the Homeland Security Council, or the Secretary of 

Defense. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the 

same time he presents his own advice to the President, the Na-
§ 152 CH. 5—JOINT CHIEFS OF STAFF 94 

tional Security Council, the Homeland Security Council, or the Secretary of Defense, as the case may be. 

(2) The Chairman shall establish procedures to ensure that the 

presentation of his own advice to the President, the National Security Council, the Homeland Security Council, or the Secretary of 

Defense is not unduly delayed by reason of the submission of the 

individual advice or opinion of another member of the Joint Chiefs 

of Staff. 

(e) ADVICE ON REQUEST.—The members of the Joint Chiefs of 

Staff, individually or collectively, in their capacity as military advisers, shall provide advice to the President, the National Security 

Council, the Homeland Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, the Homeland Security Council, or the Secretary requests such advice. 

(f) RECOMMENDATIONS TO CONGRESS.—After first informing the 

Secretary of Defense, a member of the Joint Chiefs of Staff may 

make such recommendations to Congress relating to the Department of Defense as he considers appropriate. 

(g) MEETINGS OF JCS.—(1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff. 

(2) Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman shall— 

(A) preside over the Joint Chiefs of Staff; 

(B) provide agenda for the meetings of the Joint Chiefs of 

Staff (including, as the Chairman considers appropriate, any 

subject for the agenda recommended by any other member of 

the Joint Chiefs of Staff); 

(C) assist the Joint Chiefs of Staff in carrying on their 

business as promptly as practicable; and 

(D) determine when issues under consideration by the 

Joint Chiefs of Staff shall be decided. 

(Added Pub. L. 99–433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1005; amended Pub. L. 102– 

484, div. A, title IX, Sec. 911(a), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 109–163, div. A, title 

IX, Sec. 908(a), Jan. 6, 2006, 119 Stat. 3403.) 

§ 152. Chairman: appointment; grade and rank 

(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 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. 

(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) An officer may not serve as Chairman or Vice Chairman of 

the Joint Chiefs of Staff if the combined period of service of such 
95 § 153 CH. 5—JOINT CHIEFS OF STAFF 

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. 

(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, or the Commandant of the Marine Corps; 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 an officer 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, Sec. 201, Oct. 1, 1986, 100 Stat. 1006; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1314(b)(1)(A), Dec. 4, 1987, 101 Stat. 1175.) 

§ 153. Chairman: functions 

(a) PLANNING; ADVICE; POLICY FORMULATION.—Subject to the 

authority, direction, and control of the President and the Secretary 

of Defense, the Chairman of the Joint Chiefs of Staff shall be responsible for the following: 

(1) STRATEGIC DIRECTION.—Assisting the President and the 

Secretary of Defense in providing for the strategic direction of 

the armed forces. 

(2) STRATEGIC PLANNING.—(A) Preparing strategic plans, 

including plans which conform with resource levels projected 

by the Secretary of Defense to be available for the period of 

time for which the plans are to be effective. 

(B) Preparing joint logistic and mobility plans to support 

those strategic plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. 

(C) Performing net assessments to determine the capabilities of the armed forces of the United States and its allies as 

compared with those of their potential adversaries. 

(3) CONTINGENCY PLANNING; PREPAREDNESS.—(A) Providing for the preparation and review of contingency plans 

which conform to policy guidance from the President and the 

Secretary of Defense. 

(B) Preparing joint logistic and mobility plans to support 

those contingency plans and recommending the assignment of 

logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. 

(C) Advising the Secretary on critical deficiencies and 

strengths in force capabilities (including manpower, logistic, 
§ 153 CH. 5—JOINT CHIEFS OF STAFF 96 

and mobility support) identified during the preparation and review of contingency plans and assessing the effect of such deficiencies and strengths on meeting national security objectives 

and policy and on strategic plans. 

(D) Establishing and maintaining, after consultation with 

the commanders of the unified and specified combatant commands, a uniform system of evaluating the preparedness of 

each such command to carry out missions assigned to the command. 

(4) ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET.— (A) Advising the Secretary, under section 163(b)(2) of this title, 

on the priorities of the requirements identified by the commanders of the unified and specified combatant commands. 

(B) Advising the Secretary on the extent to which the program recommendations and budget proposals of the military 

departments and other components of the Department of Defense for a fiscal year conform with the priorities established 

in strategic plans and with the priorities established for the requirements of the unified and specified combatant commands. 

(C) Submitting to the Secretary alternative program recommendations and budget proposals, within projected resource 

levels and guidance provided by the Secretary, in order to 

achieve greater conformance with the priorities referred to in 

clause (B). 

(D) Recommending to the Secretary, in accordance with 

section 166 of this title, a budget proposal for activities of each 

unified and specified combatant command. 

(E) Advising the Secretary on the extent to which the 

major programs and policies of the armed forces in the area of 

manpower conform with strategic plans. 

(F) Assessing military requirements for defense acquisition 

programs. 

(5) DOCTRINE, TRAINING, AND EDUCATION.—(A) Developing 

doctrine for the joint employment of the armed forces. 

(B) Formulating policies for the joint training of the armed 

forces. 

(C) Formulating policies for coordinating the military education and training of members of the armed forces. 

(6) OTHER MATTERS.—(A) Providing for representation of 

the United States on the Military Staff Committee of the 

United Nations in accordance with the Charter of the United 

Nations. 

(B) Performing such other duties as may be prescribed by 

law or by the President or the Secretary of Defense. 

(b) RISKS UNDER NATIONAL MILITARY STRATEGY.—(1) Not later 

than January 1 of each odd-numbered year, the Chairman shall 

submit to the Secretary of Defense a report providing the Chairman’s assessment of the nature and magnitude of the strategic and 

military risks associated with executing the missions called for 

under the current National Military Strategy. 

(2) The Secretary shall forward the report received under paragraph (1) in any year, with the Secretary’s comments thereon (if 

any), to Congress with the Secretary’s next transmission to Congress of the annual Department of Defense budget justification ma-
97 § 153 CH. 5—JOINT CHIEFS OF STAFF 

terials in support of the Department of Defense component of the 

budget of the President submitted under section 1105 of title 31 for 

the next fiscal year. If the Chairman’s assessment in such report 

in any year is that risk associated with executing the missions 

called for under the National Military Strategy is significant, the 

Secretary shall include with the report as submitted to Congress 

the Secretary’s plan for mitigating that risk. 

(c) ANNUAL REPORT ON COMBATANT COMMAND REQUIRE- MENTS.—(1) At or about the time that the budget is submitted to 

Congress for a fiscal year under section 1105(a) of title 31, the 

Chairman shall submit to the congressional defense committees a 

report on the requirements of the combatant commands established 

under section 161 of this title. 

(2) Each report under paragraph (1) shall contain the following: 

(A) A consolidation of the integrated priority lists of requirements of the combatant commands. 

(B) The Chairman’s views on the consolidated lists. 

(C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists. 

(D) A description of the funding proposed in the President’s budget for the next fiscal year, and for the subsequent 

fiscal years covered by the most recent future-years defense 

program, to address each deficiency in readiness identified during the joint readiness review conducted under section 117 of 

this title for the first quarter of the current fiscal year. 

(d) BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY.—(1) 

Not later then February 15 of each even-numbered year, the Chairman shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of a comprehensive examination of the national military strategy. Each such examination 

shall be conducted by the Chairman in conjunction with the other 

members of the Joint Chiefs of Staff and the commanders of the 

unified and specified commands. 

(2) Each report on the examination of the national military 

strategy under paragraph (1) shall include the following: 

(A) Delineation of a national military strategy consistent 

with— 

(i) the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a); 

(ii) the most recent annual report of the Secretary of 

Defense submitted to the President and Congress pursuant 

to section 113 of this title; and 

(iii) the most recent Quadrennial Defense Review conducted by the Secretary of Defense pursuant to section 118 

of this title. 

(B) A description of the strategic environment and the opportunities and challenges that affect United States national 

interests and United States national security. 

(C) A description of the regional threats to United States 

national interests and United States national security. 
§ 154 CH. 5—JOINT CHIEFS OF STAFF 98 

(D) A description of the international threats posed by terrorism, weapons of mass destruction, and asymmetric challenges to United States national security. 

(E) Identification of United States national military objectives and the relationship of those objectives to the strategic 

environment, regional, and international threats. 

(F) Identification of the strategy, underlying concepts, and 

component elements that contribute to the achievement of 

United States national military objectives. 

(G) Assessment of the capabilities and adequacy of United 

States forces (including both active and reserve components) to 

successfully execute the national military strategy. 

(H) Assessment of the capabilities, adequacy, and interoperability of regional allies of the United States and or other 

friendly nations to support United States forces in combat operations and other operations for extended periods of time. 

(3)(A) As part of the assessment under this subsection, the 

Chairman, in conjunction with the other members of the Joint 

Chiefs of Staff and the commanders of the unified and specified 

commands, shall undertake an assessment of the nature and magnitude of the strategic and military risks associated with successfully executing the missions called for under the current National 

Military Strategy. 

(B) In preparing the assessment of risk, the Chairman should 

make assumptions pertaining to the readiness of United States 

forces (in both the active and reserve components), the length of 

conflict and the level of intensity of combat operations, and the levels of support from allies and other friendly nations. 

(4) Before submitting a report under this subsection to the 

Committees on Armed Services of the Senate and House of Representatives, the Chairman shall provide the report to the Secretary of Defense. The Secretary’s assessment and comments thereon (if any) shall be included with the report. If the Chairman’s assessment in such report in any year is that the risk associated with 

executing the missions called for under the National Military Strategy is significant, the Secretary shall include with the report as 

submitted to those committees the Secretary’s plan for mitigating 

the risk. 

(Added Pub. L. 99–433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1007; amended Pub. L. 106– 

65, div. A, title X, Sec. 1033, Oct. 5, 1999, 113 Stat. 751; Pub. L. 106–398, Sec. 1[[div. A], title 

IX, Sec. 905], Oct. 30, 2000, 114 Stat. 1654, 1654A–226; Pub. L. 107–107, div. A, title IX, Sec. 

921(b), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title X, Sec. 1062(a)(1), Dec. 2, 

2002, 116 Stat. 2649; Pub. L. 108–136, div. A, title IX, Sec. 903, title X, Sec. 1043(b)(2), Nov. 

24, 2003, 117 Stat. 1558, 1610.) 

§ 154. Vice Chairman 

(a) APPOINTMENT.—(1) There is a Vice 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. 

(2) The Chairman and Vice Chairman may not be members of 

the same armed force. However, the President may waive the restriction in the preceding sentence for a limited period of time in 

order to provide for the orderly transition of officers appointed to 

serve in the positions of Chairman and Vice Chairman. 
99 § 155 CH. 5—JOINT CHIEFS OF STAFF 

(3) The Vice Chairman serves at the pleasure of the President 

for a term of two years and 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. 

(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may 

appoint an officer as Vice Chairman of the Joint Chiefs of Staff 

only if the officer— 

(A) has the joint specialty under section 661 of this title; 

and 

(B) has completed a full tour of duty in a joint duty assignment (as defined in section 664(f) of this title) as a general or 

flag officer. 

(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) DUTIES.—The Vice Chairman performs the duties prescribed for him as a member of the Joint Chiefs of Staff and such 

other duties as may be prescribed by the Chairman with the approval of the Secretary of Defense. 

(d) FUNCTION AS ACTING CHAIRMAN.—When there is a vacancy 

in the office of Chairman or in the absence or disability of the 

Chairman, the Vice Chairman acts as Chairman and performs the 

duties of the Chairman until a successor is appointed or the absence or disability ceases. 

(e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN.—When 

there is a vacancy in the offices of both Chairman and Vice Chairman or in the absence or disability of both the Chairman and the 

Vice Chairman, or when there is a vacancy in one such office and 

in the absence or disability of the officer holding the other, the 

President shall designate a member of the Joint Chiefs of Staff to 

act as and perform the duties of the Chairman until a successor to 

the Chairman or Vice Chairman is appointed or the absence or disability of the Chairman or Vice Chairman ceases. 

(f) GRADE AND RANK.—The Vice Chairman, while so serving, 

holds the grade of general or, in the case of an officer of the Navy, 

admiral and outranks all other officers of the armed forces except 

the Chairman. The Vice Chairman may not exercise military command over the Joint Chiefs of Staff or any of the armed forces. 

(Added Pub. L. 99–433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1008; amended Pub. L. 100– 

456, div. A, title V, Sec. 519(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–484, div. A, title 

IX, Sec. 911(b)(1), Oct. 23, 1992, 106 Stat. 2473.) 

§ 155. Joint Staff 

(a) APPOINTMENT OF OFFICERS TO JOINT STAFF.—(1) There is 

a Joint Staff under the Chairman of the Joint Chiefs of Staff. The 

Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the 

Joint Chiefs of Staff in carrying out their responsibilities. 

(2) Officers of the armed forces (other than the Coast Guard) 

assigned to serve on the Joint Staff shall be selected by the Chairman in approximately equal numbers from— 

(A) the Army; 

(B) the Navy and the Marine Corps; and 

(C) the Air Force. 
§ 155 CH. 5—JOINT CHIEFS OF STAFF 100 

(3) Selection of officers of an armed force to serve on the Joint 

Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted 

shall be among those officers considered to be the most outstanding 

officers of that armed force. The Chairman may specify the number 

of officers to be included on any such list. 

(b) DIRECTOR.—The Chairman of the Joint Chiefs of Staff, after 

consultation with the other members of the Joint Chiefs of Staff 

and with the approval of the Secretary of Defense, may select an 

officer to serve as Director of the Joint Staff. 

(c) MANAGEMENT OF JOINT STAFF.—The Chairman of the Joint 

Chiefs of Staff manages the Joint Staff and the Director of the 

Joint Staff. The Joint Staff shall perform such duties as the Chairman prescribes and shall perform such duties under such procedures as the Chairman prescribes. 

(d) OPERATION OF JOINT STAFF.—The Secretary of Defense 

shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint 

Chiefs of Staff in meeting the congressional purpose set forth in the 

last clause of section 2 of the National Security Act of 1947 (50 

U.S.C. 401) to provide— 

(1) for the unified strategic direction of the combatant 

forces; 

(2) for their operation under unified command; and 

(3) for their integration into an efficient team of land, 

naval, and air forces. 

(e) PROHIBITION OF FUNCTION AS ARMED FORCES GENERAL

STAFF.—The Joint Staff shall not operate or be organized as an 

overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along 

conventional staff lines. 

(f) TOUR OF DUTY OF JOINT STAFF OFFICERS.—(1) An officer 

who is assigned or detailed to permanent duty on the Joint Staff 

may not serve for a tour of duty of more than four years. However, 

such a tour of duty may be extended with the approval of the Secretary of Defense. 

(2) In accordance with procedures established by the Secretary 

of Defense, the Chairman of the Joint Chiefs of Staff may suspend 

from duty and recommend the reassignment of any officer assigned 

to the Joint Staff. Upon receipt of such a recommendation, the Secretary concerned shall promptly reassign the officer. 

(3) An officer completing a tour of duty with the Joint Staff 

may not be assigned or detailed to permanent duty on the Joint 

Staff within two years after relief from that duty except with the 

approval of the Secretary. 

(4) Paragraphs (1) and (3) do not apply— 

(A) in time of war; or 

(B) during a national emergency declared by the President 

or Congress. 

(g) COMPOSITION OF JOINT STAFF.—(1) The Joint Staff is composed of all members of the armed forces and civilian employees assigned or detailed to permanent duty in the executive part of the 
101 § 156 CH. 5—JOINT CHIEFS OF STAFF 

Department of Defense to perform the functions and duties prescribed under subsections (a) and (c). 

(2) The Joint Staff does not include members of the armed 

forces or civilian employees assigned or detailed to permanent duty 

in a military department. 

(Added Pub. L. 99–433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1009; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1314(b)(2), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–510, div. A, 

title IX, Sec. 902, Nov. 5, 1990, 104 Stat. 1620; Pub. L. 102–484, div. A, title IX, Sec. 911(b)(2), 

Oct. 23, 1992, 106 Stat. 2473; Pub. L. 103–35, title II, Sec. 202(a)(8), May 31, 1993, 107 Stat. 

101.) 

§ 156. Legal Counsel to the Chairman of the Joint Chiefs of 

Staff 

(a) IN GENERAL.—There is a Legal Counsel to the Chairman of 

the Joint Chiefs of Staff. 

(b) SELECTION FOR APPOINTMENT.—Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs 

of Staff shall be recommended by a board of officers convened by 

the Secretary of Defense that, insofar as practicable, is subject to 

the procedures applicable to selection boards convened under chapter 36 of this title. 

(c) GRADE.—An officer appointed to serve as Legal Counsel to 

the Chairman of the Joint Chiefs of Staff shall be appointed in the 

regular grade of brigadier general or rear admiral (lower half). 

(d) DUTIES.—(1) The Legal Counsel of the Chairman of the 

Joint Chiefs of Staff shall perform such legal duties in support of 

the responsibilities of the Chairman of the Joint Chiefs of Staff as 

the Chairman may prescribe. 

(2) No officer or employee of the Department of Defense may 

interfere with the ability of the Legal Counsel to give independent 

legal advice to the Chairman of the Joint Chiefs of Staff and to the 

Joint Chiefs of Staff. 

(Added Pub. L. 110–181, div. A, title V, Sec. 543(e)(1), Jan. 28, 2008, 122 Stat. 115; amended 

Pub. L. 110–417, [div. A], title V, Sec. 591, Oct. 14, 2008, 122 Stat. 4474; Pub. L. 111–84, div. 

A, title V, Sec. 501(a), Oct. 28, 2009, 123 Stat. 2272.) 
102 

CHAPTER 6—COMBATANT COMMANDS 

Sec. 

161. Combatant commands: establishment. 

162. Combatant commands: assigned forces; chain of command. 

163. Role of Chairman of Joint Chiefs of Staff. 

164. Commanders of combatant commands: assignment; powers and duties. 

165. Combatant commands: administration and support. 

166. Combatant commands: budget proposals. 

166a. Combatant commands: funding through the Chairman of Joint Chiefs of 

Staff. 

166b. Combatant commands: funding for combating terrorism readiness initiatives. 

167. Unified combatant command for special operations forces. 

167a. Unified combatant command for joint warfighting experimentation: acquisition authority. 

168. Military-to-military contacts and comparable activities. 

§ 161. Combatant commands: establishment 

(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS.—With the 

advice and assistance of the Chairman of the Joint Chiefs of Staff, 

the President, through the Secretary of Defense, shall— 

(1) establish unified combatant commands and specified 

combatant commands to perform military missions; and 

(2) prescribe the force structure of those commands. 

(b) PERIODIC REVIEW.—(1) The Chairman periodically (and not 

less often than every two years) shall— 

(A) review the missions, responsibilities (including geographic boundaries), and force structure of each combatant 

command; and 

(B) recommend to the President, through the Secretary of 

Defense, any changes to such missions, responsibilities, and 

force structures as may be necessary. 

(2) Except during time of hostilities or imminent threat of hostilities, the President shall notify Congress not more than 60 days 

after— 

(A) establishing a new combatant command; or 

(B) significantly revising the missions, responsibilities, or 

force structure of an existing combatant command. 

(c) DEFINITIONS.—In this chapter: 

(1) The term ‘‘unified combatant command’’ means a military command which has broad, continuing missions and which 

is composed of forces from two or more military departments. 

(2) The term ‘‘specified combatant command’’ means a military command which has broad, continuing missions and which 

is normally composed of forces from a single military department. 

(3) The term ‘‘combatant command’’ means a unified combatant command or a specified combatant command. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1012.) 
103 § 163 CH. 6—COMBATANT COMMANDS 

§ 162. Combatant commands: assigned forces; chain of command 

(a) ASSIGNMENT OF FORCES.—(1) Except as provided in paragraph (2), the Secretaries of the military departments shall assign 

all forces under their jurisdiction to unified and specified combatant commands or to the United States element of the North American Aerospace Defense Command to perform missions assigned to 

those commands. Such assignments shall be made as directed by 

the Secretary of Defense, including direction as to the command to 

which forces are to be assigned. The Secretary of Defense shall ensure that such assignments are consistent with the force structure 

prescribed by the President for each combatant command. 

(2) Except as otherwise directed by the Secretary of Defense, 

forces to be assigned by the Secretaries of the military departments 

to the combatant commands or to the United States element of the 

North American Aerospace Defense Command under paragraph (1) 

do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013(b), 5013(b), 

and 8013(b) of this title or forces assigned to multinational peacekeeping organizations. 

(3) A force assigned to a combatant command or to the United 

States element of the North American Aerospace Defense Command under this section may be transferred from the command to 

which it is assigned only— 

(A) by authority of the Secretary of Defense; and 

(B) under procedures prescribed by the Secretary and approved by the President. 

(4) Except as otherwise directed by the Secretary of Defense, 

all forces operating within the geographic area assigned to a unified combatant command shall be assigned to, and under the command of, the commander of that command. The preceding sentence 

applies to forces assigned to a specified combatant command only 

as prescribed by the Secretary of Defense. 

(b) CHAIN OF COMMAND.—Unless otherwise directed by the 

President, the chain of command to a unified or specified combatant command runs— 

(1) from the President to the Secretary of Defense; and 

(2) from the Secretary of Defense to the commander of the 

combatant command. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1012; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1313, Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title 

VII, Sec. 711, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 104–201, div. A, title X, Sec. 1073(a), Sept. 

23, 1996, 110 Stat. 2657.) 

§ 163. Role of Chairman of Joint Chiefs of Staff 

(a) COMMUNICATIONS THROUGH CHAIRMAN OF JCS; ASSIGNMENT OF DUTIES.—Subject to the limitations in section 152(c) of 

this title, the President may— 

(1) direct that communications between the President or 

the Secretary of Defense and the commanders of the unified 

and specified combatant commands be transmitted through the 

Chairman of the Joint Chiefs of Staff; and 
§ 164 CH. 6—COMBATANT COMMANDS 104 

(2) assign duties to the Chairman to assist the President 

and the Secretary of Defense in performing their command 

function. 

(b) OVERSIGHT BY CHAIRMAN OF JOINT CHIEFS OF STAFF.—(1) 

The Secretary of Defense may assign to the Chairman of the Joint 

Chiefs of Staff responsibility for overseeing the activities of the 

combatant commands. Such assignment by the Secretary to the 

Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the 

combatant commands prescribed in section 164(b)(2) of this title. 

(2) Subject to the authority, direction, and control of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves 

as the spokesman for the commanders of the combatant commands, 

especially on the operational requirements of their commands. In 

performing such function, the Chairman shall— 

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

(B) evaluate and integrate such information; 

(C) advise and make recommendations to the Secretary of 

Defense with respect to the requirements of the combatant 

commands, individually and collectively; and 

(D) communicate, as appropriate, the requirements of the 

combatant commands to other elements of the Department of 

Defense. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1013.) 

§ 164. Commanders of combatant commands: assignment; 

powers and duties 

(a) ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President may assign an officer to serve as the commander of a unified 

or specified combatant command only if the officer— 

(A) has the joint specialty under section 661 of this title; 

and 

(B) has completed a full tour of duty in a joint duty assignment (as defined in section 664(f) of this title) as a general or 

flag officer. 

(2) The President may waive paragraph (1) in the case of an 

officer if the President determines that such action is necessary in 

the national interest. 

(b) RESPONSIBILITIES OF COMBATANT COMMANDERS.—(1) The 

commander of a combatant command is responsible to the President and to the Secretary of Defense for the performance of missions assigned to that command by the President or by the Secretary with the approval of the President. 

(2) Subject to the direction of the President, the commander of 

a combatant command— 

(A) performs his duties under the authority, direction, and 

control of the Secretary of Defense; and 

(B) is directly responsible to the Secretary for the preparedness of the command to carry out missions assigned to 

the command. 

(c) COMMAND AUTHORITY OF COMBATANT COMMANDERS.—(1) 

Unless otherwise directed by the President or the Secretary of De-
105 § 164 CH. 6—COMBATANT COMMANDS 

fense, the authority, direction, and control of the commander of a 

combatant command with respect to the commands and forces assigned to that command include the command functions of— 

(A) giving authoritative direction to subordinate commands 

and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics; 

(B) prescribing the chain of command to the commands 

and forces within the command; 

(C) organizing commands and forces within that command 

as he considers necessary to carry out missions assigned to the 

command; 

(D) employing forces within that command as he considers 

necessary to carry out missions assigned to the command; 

(E) assigning command functions to subordinate commanders; 

(F) coordinating and approving those aspects of administration and support (including control of resources and equipment, internal organization, and training) and discipline necessary to carry out missions assigned to the command; and 

(G) exercising the authority with respect to selecting subordinate commanders, selecting combatant command staff, suspending subordinates, and convening courts-martial, as provided in subsections (e), (f), and (g) of this section and section 

822(a) of this title, respectively. 

(2)(A) The Secretary of Defense shall ensure that a commander 

of a combatant command has sufficient authority, direction, and 

control over the commands and forces assigned to the command to 

exercise effective command over those commands and forces. In 

carrying out this subparagraph, the Secretary shall consult with 

the Chairman of the Joint Chiefs of Staff. 

(B) The Secretary shall periodically review and, after consultation with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commander of the combatant command, assign authority to the commander of the combatant 

command for those aspects of administration and support that the 

Secretary considers necessary to carry out missions assigned to the 

command. 

(3) If a commander of a combatant command at any time considers his authority, direction, or control with respect to any of the 

commands or forces assigned to the command to be insufficient to 

command effectively, the commander shall promptly inform the 

Secretary of Defense. 

(d) AUTHORITY OVER SUBORDINATE COMMANDERS.—Unless otherwise directed by the President or the Secretary of Defense— 

(1) commanders of commands and forces assigned to a 

combatant command are under the authority, direction, and 

control of, and are responsible to, the commander of the combatant command on all matters for which the commander of 

the combatant command has been assigned authority under 

subsection (c); 

(2) the commander of a command or force referred to in 

clause (1) shall communicate with other elements of the Department of Defense on any matter for which the commander 
§ 164 CH. 6—COMBATANT COMMANDS 106 

of the combatant command has been assigned authority under 

subsection (c) in accordance with procedures, if any, established by the commander of the combatant command; 

(3) other elements of the Department of Defense shall communicate with the commander of a command or force referred 

to in clause (1) on any matter for which the commander of the 

combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by 

the commander of the combatant command; and 

(4) if directed by the commander of the combatant command, the commander of a command or force referred to in 

clause (1) shall advise the commander of the combatant command of all communications to and from other elements of the 

Department of Defense on any matter for which the commander of the combatant command has not been assigned authority under subsection (c). 

(e) SELECTION OF SUBORDINATE COMMANDERS.—(1) An officer 

may be assigned to a position as the commander of a command directly subordinate to the commander of a combatant command or, 

in the case of such a position that is designated under section 601 

of this title as a position of importance and responsibility, may be 

recommended to the President for assignment to that position, 

only— 

(A) with the concurrence of the commander of the combatant command; and 

(B) in accordance with procedures established by the Secretary of Defense. 

(2) The Secretary of Defense may waive the requirement under 

paragraph (1) for the concurrence of the commander of a combatant 

command with regard to the assignment (or recommendation for 

assignment) of a particular officer if the Secretary of Defense determines that such action is in the national interest. 

(3) The commander of a combatant command shall— 

(A) evaluate the duty performance of each commander of 

a command directly subordinate to the commander of such 

combatant command; and 

(B) submit the evaluation to the Secretary of the military 

department concerned and the Chairman of the Joint Chiefs of 

Staff. 

(4) At least one deputy commander of the combatant command 

the geographic area of responsibility of which includes the United 

States shall be a qualified officer of the National Guard who is eligible for promotion to the grade of O–9, unless a National Guard 

officer is serving as commander of that combatant command. 

(f) COMBATANT COMMAND STAFF.—(1) Each unified and specified combatant command shall have a staff to assist the commander of the command in carrying out his responsibilities. Positions of responsibility on the combatant command staff shall be 

filled by officers from each of the armed forces having significant 

forces assigned to the command. 

(2) An officer may be assigned to a position on the staff of a 

combatant command or, in the case of such a position that is designated under section 601 of this title as a position of importance 
107 § 166 CH. 6—COMBATANT COMMANDS 

and responsibility, may be recommended to the President for assignment to that position, only— 

(A) with the concurrence of the commander of such command; and 

(B) in accordance with procedures established by the Secretary of Defense. 

(3) The Secretary of Defense may waive the requirement under 

paragraph (2) for the concurrence of the commander of a combatant 

command with regard to the assignment (or recommendation for 

assignment) of a particular officer to serve on the staff of the combatant command if the Secretary of Defense determines that such 

action is in the national interest. 

(g) AUTHORITY TO SUSPEND SUBORDINATES.—In accordance 

with procedures established by the Secretary of Defense, the commander of a combatant command may suspend from duty and recommend the reassignment of any officer assigned to such combatant command. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1013; amended Pub. L. 100– 

456, div. A, title V, Sec. 519(a)(2), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 110–181, div. A, title 

XVIII, Sec. 1824(b), Jan. 28, 2008, 122 Stat. 501.) 

§ 165. Combatant commands: administration and support 

(a) IN GENERAL.—The Secretary of Defense, with the advice 

and assistance of the Chairman of the Joint Chiefs of Staff, shall 

provide for the administration and support of forces assigned to 

each combatant command. 

(b) RESPONSIBILITY OF SECRETARIES OF MILITARY DEPARTMENTS.—Subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the 

combatant commands under section 164(c) of this title, the Secretary of a military department is responsible for the administration and support of forces assigned by him to a combatant command. 

(c) ASSIGNMENT OF RESPONSIBILITY TO OTHER COMPONENTS OF

DOD.—After consultation with the Secretaries of the military departments, the Secretary of Defense may assign the responsibility 

(or any part of the responsibility) for the administration and support of forces assigned to the combatant commands to other components of the Department of Defense (including Defense Agencies 

and combatant commands). A component assigned such a responsibility shall discharge that responsibility subject to the authority, 

direction, and control of the Secretary of Defense and subject to the 

authority of commanders of the combatant commands under section 164(c) of this title. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1016.) 

§ 166. Combatant commands: budget proposals 

(a) COMBATANT COMMAND BUDGETS.—The Secretary of Defense 

shall include in the annual budget of the Department of Defense 

submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as 

may be determined under subsection (b). 

(b) CONTENT OF PROPOSALS.—A budget proposal under subsection (a) for funding of activities of a combatant command shall 
§ 166a CH. 6—COMBATANT COMMANDS 108 

include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the 

Joint Chiefs of Staff) determines to be appropriate for inclusion. 

Activities of a combatant command for which funding may be requested in such a proposal include the following: 

(1) Joint exercises. 

(2) Force training. 

(3) Contingencies. 

(4) Selected operations. 

(c) SOF TRAINING WITH FOREIGN FORCES.—A funding proposal 

for force training under subsection (b)(2) may include amounts for 

training expense payments authorized in section 2011 of this title. 

(Added Pub. L. 99–433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 1016; amended Pub. L. 102– 

190, div. A, title X, Sec. 1052(b), Dec. 5, 1991, 105 Stat. 1471.) 

§ 166a. Combatant commands: funding through the Chairman of Joint Chiefs of Staff 

(a) COMBATANT COMMANDER INITIATIVE FUND.—From funds 

made available in any fiscal year for the budget account in the Department of Defense known as the ‘‘Combatant Commander Initiative Fund’’, the Chairman of the Joint Chiefs of Staff may provide 

funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or 

areas not within the area of responsibility of a commander of a 

combatant command, to an officer designated by the Chairman of 

the Joint Chiefs of Staff for such purpose. The Chairman may provide such funds for any of the activities named in subsection (b). 

(b) AUTHORIZED ACTIVITIES.—Activities for which funds may be 

provided under subsection (a) are the following: 

(1) Force training. 

(2) Contingencies. 

(3) Selected operations. 

(4) Command and control. 

(5) Joint exercises (including activities of participating foreign countries). 

(6) Humanitarian and civic assistance, in coordination 

with the relevant chief of mission to the extent practicable, to 

include urgent and unanticipated humanitarian relief and reconstruction assistance. 

(7) Military education and training to military and related 

civilian personnel of foreign countries (including transportation, translation, and administrative expenses). 

(8) Personnel expenses of defense personnel for bilateral or 

regional cooperation programs. 

(9) Force protection. 

(10) Joint warfighting capabilities. 

(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 

considering requests for funds in the Combatant Commander Initiative Fund, should give priority consideration to— 

(1) requests for funds to be used for activities that would 

enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the 

funds; 
109 § 166b CH. 6—COMBATANT COMMANDS 

(2) the provision of funds to be used for activities with respect to an area or areas not within the area of responsibility 

of a commander of a combatant command that would reduce 

the threat to, or otherwise increase, the national security of the 

United States; and 

(3) the provision of funds to be used for urgent and unanticipated humanitarian relief and reconstruction assistance, 

particularly in a foreign country where the armed forces are 

engaged in a contingency operation. 

(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 

by the Chairman of the Joint Chiefs of Staff during any fiscal year 

out of the Combatant Commander Initiative Fund for an activity 

referred to in subsection (b) shall be in addition to amounts otherwise available for that activity for that fiscal year. 

(e) LIMITATIONS.—(1) Of funds made available under this section for any fiscal year— 

(A) not more than $20,000,000 may be used to purchase 

items with a unit cost in excess of the investment unit cost 

threshold in effect under section 2245a of this title; 

(B) not more than $10,000,000 may be used to pay for any 

expenses of foreign countries participating in joint exercises as 

authorized by subsection (b)(5); and 

(C) not more than $5,000,000 may be used to provide military education and training (including transportation, translation, and administrative expenses) to military and related civilian personnel of foreign countries as authorized by subsection (b)(7). 

(2) Funds may not be provided under this section for any activity that has been denied authorization by Congress. 

(f) INCLUSION OF NORAD.—For purposes of this section, the 

Commander, United States Element, North American Aerospace 

Defense Command shall be considered to be a commander of a combatant command. 

(Added Pub. L. 102–190, div. A, title IX, Sec. 902(a), Dec. 5, 1991, 105 Stat. 1450; amended Pub. 

L. 102–396, title IX, Sec. 9128, Oct. 6, 1992, 106 Stat. 1935; Pub. L. 102–484, div. A, title IX, 

Sec. 934, Oct. 23, 1992, 106 Stat. 2477; Pub. L. 103–35, title II, Sec. 201(a), May 31, 1993, 107 

Stat. 97; Pub. L. 105–85, div. A, Title IX, Sec. 902, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 108– 

136, div. A, title IX, Sec. 902(a)(2), (b), (c), Nov. 24, 2003, 117 Stat. 1558; Pub. L. 109–364, div. 

A, title IX, Sec. 902, Oct. 17, 2006, 120 Stat. 2351; Pub. L. 111–84, div. A, title IX, Sec. 904, 

Oct. 28, 2009, 123 Stat. 2424.) 

§ 166b. Combatant commands: funding for combating terrorism readiness initiatives 

(a) COMBATING TERRORISM READINESS INITIATIVES FUND.— 

From funds made available in any fiscal year for the budget account in the Department of Defense known as the ‘‘Combating Terrorism Readiness Initiatives Fund’’, the Chairman of the Joint 

Chiefs of Staff may provide funds to the commander of a combatant 

command, upon the request of the commander, or, with respect to 

a geographic area or areas not within the area of responsibility of 

a commander of a combatant command, to an officer designated by 

the Chairman of the Joint Chiefs of Staff for such purpose. The 

Chairman may provide such funds for initiating any activity named 

in subsection (b) and for maintaining and sustaining the activity 

for the fiscal year in which initiated and one additional fiscal year. 
§ 167 CH. 6—COMBATANT COMMANDS 110 

(b) AUTHORIZED ACTIVITIES.—Activities for which funds may be 

provided under subsection (a) are the following: 

(1) Procurement and maintenance of physical security 

equipment. 

(2) Improvement of physical security sites. 

(3) Under extraordinary circumstances— 

(A) physical security management planning; 

(B) procurement and support of security forces and security technicians; 

(C) security reviews and investigations and vulnerability assessments; and 

(D) any other activity relating to physical security. 

(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 

considering requests for funds in the Combating Terrorism Readiness Initiatives Fund, should give priority consideration to emergency or emergent unforeseen high-priority requirements for combating terrorism. 

(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 

by the Chairman of the Joint Chiefs of Staff for a fiscal year out 

of the Combating Terrorism Readiness Initiatives Fund for an activity referred to in subsection (b) shall be in addition to amounts 

otherwise available for that activity for that fiscal year. 

(e) LIMITATION.—Funds may not be provided under this section 

for any activity that has been denied authorization by Congress. 

(Added Pub. L. 107–107, div. A, title XV, Sec. 1512(a), Dec. 28, 2001, 115 Stat. 1272.) 

§ 167. Unified combatant command for special operations 

forces 

(a) ESTABLISHMENT.—With the advice and assistance of the 

Chairman of the Joint Chiefs of Staff, the President, through the 

Secretary of Defense, shall establish under section 161 of this title 

a unified combatant command for special operations forces (hereinafter in this section referred to as the ‘‘special operations command’’). The principal function of the command is to prepare special operations forces to carry out assigned missions. 

(b) ASSIGNMENT OF FORCES.—Unless otherwise directed by the 

Secretary of Defense, all active and reserve special operations 

forces of the armed forces stationed in the United States shall be 

assigned to the special operations command. 

(c) GRADE OF COMMANDER.—The commander of the special operations command shall hold the grade of general or, in the case 

of an officer of the Navy, admiral while serving in that position, 

without vacating his permanent grade. The commander of such 

command shall be appointed to that grade by the President, by and 

with the advice and consent of the Senate, for service in that position. 

(d) COMMAND OF ACTIVITY OR MISSION.—(1) Unless otherwise 

directed by the President or the Secretary of Defense, a special operations activity or mission shall be conducted under the command 

of the commander of the unified combatant command in whose geographic area the activity or mission is to be conducted. 

(2) The commander of the special operations command shall 

exercise command of a selected special operations mission if directed to do so by the President or the Secretary of Defense. 
111 § 167 CH. 6—COMBATANT COMMANDS 

(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In addition to 

the authority prescribed in section 164(c) of this title, the commander of the special operations command shall be responsible for, 

and shall have the authority to conduct, all affairs of such command relating to special operations activities. 

(2) The commander of such command shall be responsible for, 

and shall have the authority to conduct, the following functions relating to special operations activities (whether or not relating to 

the special operations command): 

(A) Developing strategy, doctrine, and tactics. 

(B) Preparing and submitting to the Secretary of Defense 

program recommendations and budget proposals for special operations forces and for other forces assigned to the special operations command. 

(C) Exercising authority, direction, and control over the expenditure of funds— 

(i) for forces assigned to the special operations command; and 

(ii) for special operations forces assigned to unified 

combatant commands other than the special operations 

command, with respect to all matters covered by paragraph (4) and, with respect to a matter not covered by 

paragraph (4), to the extent directed by the Secretary of 

Defense. 

(D) Training assigned forces. 

(E) Conducting specialized courses of instruction for commissioned and noncommissioned officers. 

(F) Validating requirements. 

(G) Establishing priorities for requirements. 

(H) Ensuring the interoperability of equipment and forces. 

(I) Formulating and submitting requirements for intelligence support. 

(J) Monitoring the promotions, assignments, retention, 

training, and professional military education of special operations forces officers. 

(3) The commander of the special operations command shall be 

responsible for— 

(A) ensuring the combat readiness of forces assigned to the 

special operations command; and 

(B) monitoring the preparedness to carry out assigned missions of special operations forces assigned to unified combatant 

commands other than the special operations command. 

(4)(A) The commander of the special operations command shall 

be responsible for, and shall have the authority to conduct, the following: 

(i) Development and acquisition of special operations-peculiar equipment. 

(ii) Acquisition of special operations-peculiar material, supplies, and services. 

(B) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out 

his functions under subparagraph (A), shall have authority to exercise the functions of the head of an agency under chapter 137 of 

this title. 
§ 167 CH. 6—COMBATANT COMMANDS 112 

(C)(i) The staff of the commander shall include a command acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the special operations command. 

The command acquisition executive shall have the authority to— 

(I) negotiate memoranda of agreement with the military 

departments to carry out the acquisition of equipment, material, supplies, and services described in subparagraph (A) on 

behalf of the command; 

(II) supervise the acquisition of equipment, material, supplies, and services described in subparagraph (A), regardless of 

whether such acquisition is carried out by the command, or by 

a military department pursuant to a delegation of authority by 

the command; 

(III) represent the command in discussions with the military departments regarding acquisition programs for which the 

command is a customer; and 

(IV) work with the military departments to ensure that the 

command is appropriately represented in any joint working 

group or integrated product team regarding acquisition programs for which the command is a customer. 

(ii) The command acquisition executive of the special operations command shall be included on the distribution list for acquisition directives and instructions of the Department of Defense. 

(D) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the special operations 

command and such other inspector general functions as may be assigned. 

(f) BUDGET.—In addition to the activities of a combatant command for which funding may be requested under section 166(b) of 

this title, the budget proposal of the special operations command 

shall include requests for funding for— 

(1) development and acquisition of special operations-peculiar equipment; and 

(2) acquisition of other material, supplies, or services that 

are peculiar to special operations activities. 

(g) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does 

not constitute authority to conduct any activity which, if carried 

out as an intelligence activity by the Department of Defense, would 

require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the 

House of Representatives under title V of the National Security Act 

of 1947 (50 U.S.C. 413 et seq.). 

(h) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for the activities of the special operations command. 

Such regulations shall include authorization for the commander of 

such command to provide for operational security of special operations forces and activities. 

(i) IDENTIFICATION OF SPECIAL OPERATIONS FORCES.—(1) Subject to paragraph (2), for the purposes of this section special operations forces are those forces of the armed forces that— 

(A) are identified as core forces or as augmenting forces in 

the Joint Chiefs of Staff Joint Strategic Capabilities Plan, 

Annex E, dated December 17, 1985; 
113 § 167 CH. 6—COMBATANT COMMANDS 

(B) are described in the Terms of Reference and Conceptual Operations Plan for the Joint Special Operations Command, as in effect on April 1, 1986; or 

(C) are designated as special operations forces by the Secretary of Defense. 

(2) The Secretary of Defense, after consulting with the Chairman of the Joint Chiefs of Staff and the commander of the special 

operations command, may direct that any force included within the 

description in paragraph (1)(A) or (1)(B) shall not be considered as 

a special operations force for the purposes of this section. 

(j) SPECIAL OPERATIONS ACTIVITIES.—For purposes of this section, special operations activities include each of the following insofar as it relates to special operations: 

(1) Direct action. 

(2) Strategic reconnaissance. 

(3) Unconventional warfare. 

(4) Foreign internal defense. 

(5) Civil affairs. 

(6) Psychological operations. 

(7) Counterterrorism. 

(8) Humanitarian assistance. 

(9) Theater search and rescue. 

(10) Such other activities as may be specified by the President or the Secretary of Defense. 

(k) BUDGET SUPPORT FOR RESERVE ELEMENTS.—(1) Before the 

budget proposal for the special operations command for any fiscal 

year is submitted to the Secretary of Defense, the commander of 

the command shall consult with the Secretaries of the military departments concerning funding for reserve component special operations units. If the Secretary of a military department does not 

concur in the recommended level of funding with respect to any 

such unit that is under the jurisdiction of the Secretary, the commander shall include with the budget proposal submitted to the 

Secretary of Defense the views of the Secretary of the military department concerning such funding. 

(2) Before the budget proposal for a military department for 

any fiscal year is submitted to the Secretary of Defense, the Secretary of that military department shall consult with the commander of the special operations command concerning funding for 

special operations forces in the military personnel budget for a reserve component in that military department. If the commander of 

that command does not concur in the recommended level of funding 

with respect to reserve component special operations units, the Secretary shall include with the budget proposal submitted to the Secretary of Defense the views of the commander of that command. 

(Added Pub. L. 99–500, Sec. 101(c) [title IX, Sec. 9115(b)(1)), Oct. 18, 1986, 100 Stat. 1783–82, 

1783–122, and Pub. L. 99–591, Sec. 101(c) [title IX, Sec. 9115(b)(1)), Oct. 30, 1986, 100 Stat. 

3341–82, 3341–122; Pub. L. 99–661, div. A, title XIII, Sec. 1311(b)(1), Nov. 14, 1986, 100 Stat. 

3983; amended Pub. L. 100–180, div. A, title XII, Sec. 1211(d), Dec. 4, 1987, 101 Stat. 1156; 

Pub. L. 100–456, div. A, title VII, Sec. 712, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 102–88, title 

VI, Sec. 602(c)(3), Aug. 14, 1991, 105 Stat. 444; Pub. L. 103–337, div. A, title IX, Sec. 925, Oct. 

5, 1994, 108 Stat. 2832; Pub. L. 110–181, div. A, title VIII, Sec. 810, Jan. 28, 2008, 122 Stat. 

217.) 
§ 167a CH. 6—COMBATANT COMMANDS 114 

§ 167a. Unified combatant command for joint warfighting 

experimentation: acquisition authority 

(a) LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF CER- TAIN UNIFIED COMBATANT COMMAND.—The Secretary of Defense 

may delegate to the commander of the unified combatant command 

referred to in subsection (b) authority of the Secretary under chapter 137 of this title sufficient to enable the commander to develop, 

acquire, and maintain equipment described in subsection (c). The 

exercise of authority so delegated is subject to the authority, direction, and control of the Secretary. 

(b) COMMAND DESCRIBED.—The commander to whom authority 

is delegated under subsection (a) is the commander of the unified 

combatant command that has the mission for joint warfighting experimentation, as assigned by the Secretary of Defense. 

(c) EQUIPMENT.—The equipment referred to in subsection (a) is 

as follows: 

(1) Equipment for battle management command, control, 

communications, and intelligence. 

(2) Any other equipment that the commander referred to 

in subsection (b) determines necessary and appropriate for— 

(A) facilitating the use of joint forces in military operations; or 

(B) enhancing the interoperability of equipment used 

by the various components of joint forces. 

(d) EXCEPTIONS.—The authority delegated under subsection (a) 

does not apply to the development or acquisition of a system for 

which— 

(1) the total expenditure for research, development, test, 

and evaluation is estimated to be $10,000,000 or more; or 

(2) the total expenditure for procurement is estimated to 

be $50,000,000 or more. 

(e) INTERNAL AUDITS AND INSPECTIONS.—The commander referred to in subsection (b) shall require the inspector general of 

that command to conduct internal audits and inspections of purchasing and contracting administered by the commander under the 

authority delegated under subsection (a). 

(f) LIMITATION ON AUTHORITY TO MAINTAIN EQUIPMENT.—The 

authority delegated under subsection (a) to maintain equipment is 

subject to the availability of funds authorized and appropriated 

specifically for that purpose. 

(g) TERMINATION.—The Secretary may delegate the authority 

referred to in subsection (a) only during fiscal years 2004 through 

2010, and any authority so delegated shall not be in effect after 

September 30, 2010. 

(Added Pub. L. 108–136, div. A, title VIII, Sec. 848(a)(1), Nov. 24, 2003, 117 Stat. 1554; amended Pub. L. 109–163, div. A, title VIII, Sec. 846(a), Jan. 6, 2006, 119 Stat. 3391; Pub. L. 110– 

181, div. A, title VIII, Sec. 825, Jan. 28, 2008, 122 Stat. 227.) 

§ 168. Military-to-military contacts and comparable activities 

(a) PROGRAM AUTHORITY.—The Secretary of Defense may conduct military-to-military contacts and comparable activities that 

are designed to encourage a democratic orientation of defense establishments and military forces of other countries. 
115 § 168 CH. 6—COMBATANT COMMANDS 

(b) ADMINISTRATION.—The Secretary may provide funds appropriated for carrying out subsection (a) to the following officials for 

use as provided in subsection (c): 

(1) The commander of a combatant command, upon the request of the commander. 

(2) An officer designated by the Chairman of the Joint 

Chiefs of Staff, with respect to an area or areas not under the 

area of responsibility of a commander of a combatant command. 

(3) The head of any Department of Defense component. 

(c) AUTHORIZED ACTIVITIES.—An official provided funds under 

subsection (b) may use those funds for the following activities and 

expenses: 

(1) The activities of traveling contact teams, including any 

transportation expense, translation services expense, or administrative expense that is related to such activities. 

(2) The activities of military liaison teams. 

(3) Exchanges of civilian or military personnel between the 

Department of Defense and defense ministries of foreign governments. 

(4) Exchanges of military personnel between units of the 

armed forces and units of foreign armed forces. 

(5) Seminars and conferences held primarily in a theater 

of operations. 

(6) Distribution of publications primarily in a theater of 

operations. 

(7) Personnel expenses for Department of Defense civilian 

and military personnel to the extent that those expenses relate 

to participation in an activity described in paragraph (3), (4), 

(5), or (6). 

(8) Reimbursement of military personnel appropriations 

accounts for the pay and allowances paid to reserve component 

personnel for service while engaged in any activity referred to 

in another paragraph of this subsection. 

(9) The assignment of personnel described in paragraph (3) 

or (4) on a non-reciprocal basis if the Secretary of Defense determines that such an assignment, rather than an exchange of 

personnel, is in the interests of the United States. 

(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 

during any fiscal year to an official under subsection (b) for an activity or expense referred to in subsection (c) shall be in addition 

to amounts otherwise available for those activities and expenses for 

that fiscal year. 

(e) LIMITATIONS.—(1) Funds may not be provided under this 

section for a fiscal year for any activity for which— 

(A) funding was proposed in the budget submitted to Congress for that fiscal year pursuant to section 1105(a) of title 31; 

and 

(B) Congress did not authorize appropriations. 

(2) An activity may not be conducted under this section with 

a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country. 

(3) Funds may not be provided under this section for a fiscal 

year for any country that is not eligible in that fiscal year for as-
§ 168 CH. 6—COMBATANT COMMANDS 116 

sistance under chapter 5 of part II of the Foreign Assistance Act 

of 1961. 

(4) Except for those activities specifically authorized under subsection (c), funds may not be used under this section for the provision of defense articles or defense services to any country or for assistance under chapter 5 of part II of the Foreign Assistance Act 

of 1961. 

(5) Funds available to carry out this section shall be available, 

to the extent provided in appropriations Acts, for programs or activities under this section that begin in a fiscal year and end in the 

following fiscal year. 

(f) ACTIVE DUTY END STRENGTHS.—A member of a reserve 

component who is engaged in activities authorized under this section shall not be counted for purposes of the following personnel 

strength limitations: 

(1) The end strength for active-duty personnel authorized 

pursuant to section 115(a)(1) of this title for the fiscal year in 

which the member carries out the activities referred to under 

this section. 

(2) The authorized daily average for members in pay 

grades E–8 and E–9 under section 517 of this title for the calendar year in which the member carries out such activities. 

(3) The authorized strengths for commissioned officers 

under section 523 of this title for the fiscal year in which the 

member carries out such activities. 

(g) MILITARY-TO-MILITARY CONTACTS DEFINED.—In this section, the term ‘‘military-to-military contacts’’ means contacts between members of the armed forces and members of foreign armed 

forces through activities described in subsection (c). 

(Added Pub. L. 103–337, div. A, title XIII, Sec. 1316(a)(1), Oct. 5, 1994, 108 Stat. 2898; amended 

Pub. L. 104–106, div. A, title IV, Sec. 416, Feb. 10, 1996, 110 Stat. 289; Pub. L. 108–375, div. 

A, title IV, Sec. 416(e), Oct. 28, 2004, 118 Stat. 1868; Pub. L. 110–181, div. A, title XII, Sec. 

1201, Jan. 28, 2008, 122 Stat. 363; Pub. L. 110–417, [div. A], title XII, Sec. 1202(a), Oct. 14, 

2008, 122 Stat. 4622.) 
117 

CHAPTER 7—BOARDS, COUNCILS, AND COMMITTEES 

Sec. 

171. Armed Forces Policy Council. 

172. Ammunition storage board. 

173. Advisory personnel. 

174. Advisory personnel: research and development. 

175. Reserve Forces Policy Board. 

176. Armed Forces Institute of Pathology. 

177. American Registry of Pathology. 

178. The Henry M. Jackson Foundation for the Advancement of Military Medicine. 

179. Nuclear Weapons Council. 

180. Service academy athletic programs: review board. 

181. Joint Requirements Oversight Council. 

182. Center for Excellence in Disaster Management and Humanitarian Assistance. 

183. Department of Defense Board of Actuaries. 

184. Regional Centers for Security Studies. 

185. Financial Management Modernization Executive Committee. 

186. Defense Business System Management Committee. 

187. Strategic Materials Protection Board. 

§ 171. Armed Forces Policy Council 

(a) There is in the Department of Defense an Armed Forces 

Policy Council consisting of— 

(1) the Secretary of Defense, as Chairman, with the power 

of decision; 

(2) the Deputy Secretary of Defense; 

(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics; 

(4) the Secretary of the Army; 

(5) the Secretary of the Navy; 

(6) the Secretary of the Air Force; 

(7) the Under Secretary of Defense for Policy; 

(8) the Deputy Under Secretary of Defense for Acquisition, 

Technology, and Logistics; 

(9) the Chairman of the Joint Chiefs of Staff; 

(10) the Chief of Staff of the Army; 

(11) the Chief of Naval Operations; 

(12) the Chief of Staff of the Air Force; and 

(13) the Commandant of the Marine Corps. 

(b) The Armed Forces Policy Council shall advise the Secretary 

of Defense on matters of broad policy relating to the armed forces 

and shall consider and report on such other matters as the Secretary of Defense may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 85–599, Sec. 9(c), Aug. 6, 1958, 72 Stat. 521; Pub. 

L. 92–596, Sec. 5, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, Sec. 3(b), Oct. 21, 1977, 91 Stat. 

1173; Pub. L. 98–94, title XII, Sec. 1213, Sept. 24, 1983, 97 Stat. 687; Pub. L. 99–500, Sec. 101(c) 

[title X, Sec. 903(e)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–133, and Pub. L. 99–591, Sec. 101(c) 

[title X, Sec. 903(e)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–133; Pub. L. 99–661, div. A, title 

IX, formerly title IV, Sec. 903(e), Nov. 14, 1986, 100 Stat. 3912, renumbered title IX, Pub. L. 

100–26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), 
§ 172 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 118 

(3), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 

115 Stat. 1225.) 

§ 172. Ammunition storage board 

The Secretaries of the military departments, acting through a 

joint board selected by them composed of officers, civilian officers 

and employees of the Department of Defense, or both, shall keep 

informed on stored supplies of ammunition and components thereof 

for use of the Army, Navy, Air Force, and Marine Corps, with particular regard to keeping those supplies properly dispersed and 

stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 104–201, div. A, title IX, Sec. 909, Sept. 23, 1996, 

110 Stat. 2621; Pub. L. 111–383, div. A, title X, Sec. 1075(b)(7), Jan. 7, 2011, 124 Stat. 4369.) 

§ 173. Advisory personnel 

(a) The Secretary of Defense may establish such advisory committees and employ such part-time advisers as he considers necessary for the performance of his functions and those of the agencies under his control. 

(b) A person who serves as a member of a committee may not 

be paid for that service while holding another position or office 

under the United States for which he receives compensation. Other 

members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 89–718, Sec. 2, Nov. 2, 1966, 80 Stat. 1115; Pub. 

L. 104–106, div. A, title X, Sec. 1061(e)(1), Feb. 10, 1996, 110 Stat. 443.) 

§ 174. Advisory personnel: research and development 

(a) The Secretary of each military department may establish 

such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out 

those activities. 

(b) A person who serves as a member of such a committee or 

panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as 

otherwise specifically authorized by law) serve without compensation for such service. 

(c) The Secretary concerned may delegate any authority under 

this section to— 

(1) the Under Secretary of his department; 

(2) an Assistant Secretary of his department; or 

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

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

1996, 110 Stat. 443.) 

§ 175. Reserve Forces Policy Board 

There is in the Office of the Secretary of Defense a Reserve 

Forces Policy Board. The functions, membership, and organization 

of that board are set forth in section 10301 of this title. 
119 § 176 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 90–168, Sec. 2(3), (4), Dec. 1, 1967, 81 Stat. 521; 

Pub. L. 98–94, title XII, Sec. 1212(b), Sept. 24, 1983, 97 Stat. 687; Pub. L. 98–525, title XIII, 

Sec. 1306, title XIV, Sec. 1405(4), Oct. 19, 1984, 98 Stat. 2613, 2622; Pub. L. 98–557, Sec. 21, 

Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–433, title V, Sec. 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; 

Pub. L. 103–337, div. A, title IX, Sec. 921, title XVI, Sec. 1661(b)(3), Oct. 5, 1994, 108 Stat. 2829, 

2981.) 

§ 176. Armed Forces Institute of Pathology 

(a)(1) There is in the Department of Defense an Institute to be 

known as the Armed Forces Institute of Pathology (hereinafter in 

this section referred to as the ‘‘Institute’’), which has the responsibilities, functions, authority, and relationships set forth in this 

section. The Institute shall be a joint entity of the three military 

departments, subject to the authority, direction, and control of the 

Secretary of Defense. 

(2) The Institute shall consist of a Board of Governors, a Director, two Deputy Directors, and a staff of such professional, technical, and clerical personnel as may be required. 

(3) The Board of Governors shall consist of the Assistant Secretary of Defense for Health Affairs, who shall serve as chairman 

of the Board of Governors, the Assistant Secretary of Health and 

Human Services for Health, the Surgeons General of the Army, 

Navy, and Air Force, the Under Secretary for Health of the Department of Veterans Affairs, and a former Director of the Institute, as 

designated by the Secretary of Defense, or the designee of any of 

the foregoing. 

(4) The Director and the Deputy Directors shall be appointed 

by the Secretary of Defense. 

(b)(1) In carrying out the provisions of this section, the Institute is authorized to— 

(A) contract with the American Registry of Pathology (established under section 177 of this title) for cooperative enterprises in medical research, consultation, and education between the Institute and the civilian medical profession under 

such conditions as may be agreed upon between the Board of 

Governors and the American Registry of Pathology; 

(B) make available at no cost to the American Registry of 

Pathology such space, facilities, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mutual cooperative enterprises; and 

(C) contract with the American Registry of Pathology for 

the services of such professional, technical, or clerical personnel as are necessary to fulfill their cooperative enterprises. 

(2) No contract may be entered into under paragraph (1) which 

obligates the Institute to make outlays in advance of the enactment 

of budget authority for such outlays. 

(c) The Director is authorized, with the approval of the Board 

of Governors, to enter into agreements with the American Registry 

of Pathology for the services at any time of not more than six distinguished pathologists or scientists of demonstrated ability and experience for the purpose of enhancing the activities of the Institute 

in education, consultation, and research. Such pathologists or scientists may be appointed by the Director to administrative positions within the components or subcomponents of the Institute and 

may be authorized by the Director to exercise any or all profes-
§ 177 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 120 

sional duties within the Institute, notwithstanding any other provision of law. The Secretary of Defense, on a case-by-case basis, may 

waive the limitation on the number of distinguished pathologists or 

scientists with whom agreements may be entered into under this 

subsection if the Secretary determines that such waiver is in the 

best interest of the Department of Defense. 

(d) The Secretary of Defense shall promulgate such regulations 

as may be necessary to prescribe the organization, functions, and 

responsibilities of the Institute. 

(Added Pub. L. 94–361, title VIII, Sec. 811(b), July 14, 1976, 90 Stat. 933; amended Pub. L. 

96–513, title V, Sec. 511(6), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 101–189, div. A, title XVI, 

Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–160, div. A, title VII, Sec. 733, Nov. 

30, 1993, 107 Stat. 1697; Pub. L. 104–106, div. A, title IX, Sec. 903(f)(1), Feb. 10, 1996, 110 

Stat. 402; Pub. L. 104–201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 

107–107, div. A, title X, Sec. 1048(a)(4), Dec. 28, 2001, 115 Stat. 1222.) 

§ 177. American Registry of Pathology 

(a)(1) There is authorized to be established a nonprofit corporation to be known as the American Registry of Pathology which 

shall not for any purpose be an agency or establishment of the 

United States Government. The American Registry of Pathology 

shall be subject to the provisions of this section and, to the extent 

not inconsistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.). 

(2) The American Registry of Pathology shall have a Board of 

Members (hereinafter in this section referred to as the ‘‘Board’’) 

consisting of not less than eleven individuals who are representatives of those professional societies and organizations which sponsor individual registries of pathology at the Armed Forces Institute 

of Pathology, of whom one shall be elected annually by the Board 

to serve as chairman. Each such sponsor shall appoint one member 

to the Board for a term of four years. 

(3) The American Registry of Pathology shall have a Director, 

who shall be appointed by the Board with the concurrence of the 

Director of the Armed Forces Institute of Pathology, and such other 

officers as may be named and appointed by the Board. Such officers 

shall be compensated at rates fixed by the Board and shall serve 

at the pleasure of the Board. 

(4) The members of the initial Board shall serve as 

incorporators and shall take whatever actions are necessary to establish under the District of Columbia Nonprofit Corporation Act 

the corporation authorized by paragraph (1). 

(5) The term of office of each member of the Board shall be 

four years, except that (A) any member appointed to fill a vacancy 

occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such 

term, (B) the terms of office of members first taking office shall 

begin on the date of incorporation and shall expire, as designated 

at the time of their appointment and to the maximum extent practicable, one fourth at the end of one year, one fourth at the end of 

two years, one fourth at the end of three years, and one fourth at 

the end of four years, and (C) a member whose term has expired 

may serve until his successor has qualified. No member shall be eligible to serve more than two consecutive terms of four years each. 
121 § 178 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(6) Any vacancy in the Board shall not affect its powers, but 

such vacancy shall be filled in the manner in which the original appointment was made. 

(b) In order to carry out the purposes of this section, the American Registry of Pathology is authorized to— 

(1) enter into contracts with the Armed Forces Institute of 

Pathology for the provision of such services and personnel as 

may be necessary to carry out their cooperative enterprises; 

(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of 

fascicles of tumor pathology, atlases, and other material; 

(3) accept gifts and grants from and enter into contracts 

with individuals, private foundations, professional societies, institutions, and governmental agencies; 

(4) enter into agreements with professional societies for 

the establishment and maintenance of Registries of Pathology; 

and 

(5) serve as a focus for the interchange between military 

and civilian pathology and encourage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit of military and civilian medicine. 

(c) In the performance of the functions set forth in subsection 

(b), the American Registry of Pathology is authorized to— 

(1) enter into such other contracts, leases, cooperative 

agreements, or other transactions as the Board deems appropriate to conduct the activities of the American Registry of Pathology; and 

(2) charge such fees for professional services as the Board 

deems reasonable and appropriate. 

(d) The American Registry of Pathology may transmit to the 

Director and the Board of Governors of the Armed Forces Institute 

of Pathology and to the sponsors referred to in subsection (a)(2) annually, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments. 

(Added Pub. L. 94–361, title VIII, Sec. 811(b), July 14, 1976, 90 Stat. 934; amended Pub. L. 

98–525, title XIV, Sec. 1405(5), Oct. 19, 1984, 98 Stat. 2622.) 

§ 178. The Henry M. Jackson Foundation for the Advancement of Military Medicine 

(a) There is authorized to be established a nonprofit corporation to be known as the Henry M. Jackson Foundation for the Advancement of Military Medicine (hereinafter in this section referred 

to as the ‘‘Foundation’’) which shall not for any purpose be an agency or instrumentality of the United States Government. The Foundation shall be subject to the provisions of this section and, to the 

extent not inconsistent with this section, the Corporations and Associations Articles of the State of Maryland. 

(b) It shall be the purpose of the Foundation (1) to carry out 

medical research and education projects under cooperative arrangements with the Uniformed Services University of the Health 

Sciences, (2) to serve as a focus for the interchange between military and civilian medical personnel, and (3) to encourage the participation of the medical, dental, nursing, veterinary, and other bio-
§ 178 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 122 

medical sciences in the work of the Foundation for the mutual benefit of military and civilian medicine. 

(c)(1) The Foundation shall have a Council of Directors (hereinafter in this section referred to as the ‘‘Council’’) composed of— 

(A) the Chairmen and ranking minority members of the 

Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives (or 

their designees from the membership of such committees), who 

shall be ex officio members, 

(B) the Dean of the Uniformed Services University of the 

Health Sciences, who shall be an ex officio member, and 

(C) four members appointed by the ex officio members of 

the Council designated in clauses (A) and (B). 

(2) The term of office of each member of the Council appointed 

under clause (C) of paragraph (1) shall be four years, except that— 

(A) any person appointed to fill a vacancy occurring before 

the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and 

(B) the terms of office of members first taking office shall 

expire, as designated by the ex officio members of the Council 

at the time of the appointment, two at the end of two years 

and two at the end of four years. 

(3) The Council shall elect a chairman from among its members. 

(d)(1) The Foundation shall have an Executive Director who 

shall be appointed by the Council and shall serve at the pleasure 

of the Council. The Executive Director shall be responsible for the 

day-to-day operations of the Foundation and shall have such specific duties and responsibilities as the Council shall prescribe. 

(2) The rate of compensation of the Executive Director shall be 

fixed by the Council. 

(e) The initial members of the Council shall serve as 

incorporators and take whatever actions as are necessary to establish under the Corporations and Associations Articles of the State 

of Maryland the corporation authorized by subsection (a). 

(f) Any vacancy in the Council shall not affect its powers, but 

shall be filled in the same manner in which the original designation or appointment was made. 

(g) In order to carry out the purposes of this section, the Foundation is authorized to— 

(1) enter into contracts with, accept grants from, and make 

grants to the Uniformed Services University of the Health 

Sciences for the purpose of carrying out cooperative enterprises 

in medical research, medical consultation, and medical education, including contracts for provision of such personnel and 

services as may be necessary to carry out such cooperative enterprises; 

(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books 

and other material; 

(3) take such action as may be necessary to obtain patents 

and licenses for devices and procedures developed by the Foundation and its employees; 
123 § 179 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(4) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; 

(5) enter into contracts with individuals, public or private 

organizations, professional societies, and government agencies 

for the purpose of carrying out the functions of the Foundation; 

(6) enter into such other contracts, leases, cooperative 

agreements, and other transactions as the Executive Director 

considers appropriate to conduct the activities of the Foundation; and 

(7) charge such fees for professional services furnished by 

the Foundation as the Executive Director determines reasonable and appropriate. 

(h) A person who is a full-time or part-time employee of the 

Foundation may not be an employee (full-time or part-time) of the 

Federal Government. 

(i) The Council shall transmit to the President annually, and 

at such other times as the Council considers desirable, a report on 

the operations, activities, and accomplishments of the Foundation. 

(Added Pub. L. 98–36, Sec. 2(a), May 27, 1983, 97 Stat. 200; amended Pub. L. 98–132, Sec. 

2(a)(1), Oct. 17, 1983, 97 Stat. 849; Pub. L. 101–189, div. A, title VII, Sec. 726(b)(2), Nov. 29, 

1989, 103 Stat. 1480; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 

502; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 

§ 179. Nuclear Weapons Council 

(a) ESTABLISHMENT; MEMBERSHIP.—There is a Nuclear Weapons Council (hereinafter in this section referred to as the ‘‘Council’’) 

operated as a joint activity of the Department of Defense and the 

Department of Energy. The membership of the Council is comprised of the following officers of those departments: 

(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(2) The Vice Chairman of the Joint Chiefs of Staff. 

(3) The Under Secretary for Nuclear Security of the Department of Energy. 

(4) The Under Secretary of Defense for Policy. 

(5) The commander of the United States Strategic Command. 

(b) CHAIRMAN; MEETINGS.—(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1). 

(2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever 

the matter under consideration is within the primary responsibility 

or concern of the Department of Energy, as determined by majority 

vote of the Council. 

(3) The Council shall meet not less often than once every three 

months. 

(c) STAFF AND ADMINISTRATIVE SERVICES; STAFF DIRECTOR.— 

(1) The Secretary of Defense and the Secretary of Energy shall 

enter into an agreement with the Council to furnish necessary staff 

and administrative services to the Council. 

(2) The Assistant Secretary of Defense for Nuclear, Chemical, 

and Biological Defense Programs shall be the Staff Director of the 

Council. 
§ 179 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 124 

(3)(A) Whenever the position of Assistant Secretary of Defense 

for Nuclear, Chemical, and Biological Defense Programs has been 

vacant a period of more than 6 months, the Secretary of Energy 

shall designate a qualified individual to serve as acting staff director of the Council until the position of Assistant Secretary is filled. 

(B) An individual designated under subparagraph (A) shall 

possess substantial technical and policy experience relevant to the 

management and oversight of nuclear weapons programs. 

(d) RESPONSIBILITIES.—The Council shall be responsible for the 

following matters: 

(1) Preparing the annual Nuclear Weapons Stockpile 

Memorandum. 

(2) Developing nuclear weapons stockpiles options and the 

costs of such options. 

(3) Coordinating programming and budget matters pertaining to nuclear weapons programs between the Department 

of Defense and the Department of Energy. 

(4) Identifying various options for cost-effective schedules 

for nuclear weapons production. 

(5) Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts. 

(6) Ensuring that adequate consideration is given to design, performance, and cost tradeoffs for all proposed new nuclear weapons programs. 

(7) Providing broad guidance regarding priorities for research on nuclear weapons. 

(8) Coordinating and approving activities conducted by the 

Department of Energy for the study, development, production, 

and retirement of nuclear warheads, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead production, and warhead 

retirement. 

(9) Preparing comments on annual proposals for budget 

levels for research on nuclear weapons and transmitting those 

comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by 

the Secretaries of those departments. 

(10) Providing— 

(A) broad guidance regarding priorities for research on 

improved conventional weapons, and 

(B) comments on annual proposals for budget levels 

for research on improved conventional weapons, 

and transmitting such guidance and comments to the Secretary of Defense before the preparation of the annual budget 

request of the Department of Defense. 

(e) REPORT ON DIFFICULTIES RELATING TO SAFETY OR RELIABILITY.—The Council shall submit to Congress a report on any 

analysis conducted by the Council with respect to difficulties at nuclear weapons laboratories or nuclear weapons production plants 

that have significant bearing on confidence in the safety or reliability of nuclear weapons or nuclear weapon types. 

(f) ANNUAL REPORT.—Each fiscal year, at the same time the 

President submits the budget pursuant to section 1105 of title 31, 

the Chairman of the Council, through the Secretary of Energy, 
125 § 180 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

shall submit to the congressional defense committees a report, in 

classified form, on the following: 

(1) The effectiveness and efficiency of the Council, and of 

the deliberative and decisionmaking processes used by the 

Council, in carrying out the responsibilities described in subsection (d). 

(2) A description of all activities conducted by the Department of Energy during that fiscal year, or planned to be conducted by the Department of Energy during the next fiscal 

year, for the study, development, production, and retirement of 

nuclear warheads and that have been approved by the Council, 

including a description of— 

(A) the concept definition activities and feasibility 

studies conducted or planned to be conducted by the Department of Energy; 

(B) the schedule for completion of each such activity or 

study; and 

(C) the degree to which each such activity or study is 

consistent with United States policy for new nuclear warhead development or warhead modification and with established or projected military requirements. 

(3) A description of the activities of the Council during the 

12-month period ending on the date of the report together with 

any assessments or studies conducted by the Council during 

that period. 

(4) A description of the highest priority requirements of 

the Department of Defense with respect to the Department of 

Energy stockpile stewardship and management program as of 

that date. 

(5) An assessment of the extent to which the requirements 

referred to in paragraph (4) are being addressed by the Department of Energy as of that date. 

(Added Pub. L. 99–661, div. C, title I, Sec. 3137(a)(1), Nov. 14, 1986, 100 Stat. 4065; amended 

Pub. L. 100–180, div. A, title XII, Sec. 1231(2), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 100–456, 

div. A, title XII, Sec. 1233(h), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102–484, div. C, title XXXI, 

Sec. 3133, Oct. 23, 1992, 106 Stat. 2639; Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 

30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. C, title XXXI, Sec. 3152, Oct. 5, 1994, 108 Stat. 

3090; Pub. L. 104–106, div. A, title IX, Sec. 904(b)(1), title XV, Sec. 1502(a)(7), Feb. 10, 1996, 

110 Stat. 403, 502; Pub. L. 106–65, div. A, title X, Sec. 1067(1), div. C, title XXXI, Sec. 3163(a), 

(c), Oct. 5, 1999, 113 Stat. 774, 944; Pub. L. 106–398, Sec. 1 [div. C, title XXXI, Sec. 3152(a)], 

Oct. 30, 2000, 114 Stat. 1654, 1654A–464; Pub. L. 107–107, div. A, title X, Sec. 1048(b)(2), Dec. 

28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. D, title XLII, Sec. 4213(c), formerly Pub. L. 104– 

201, div. C, title XXXI, Sec. 3159(c), Sept. 23, 1996, 110 Stat. 2842, renumbered Sec. 4213(c) 

of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, Sec. 3141(e)(14), Nov. 24, 2003, 117 

Stat. 1760; Pub. L. 108–375, div. A, title IX, Sec. 902(a)–(d), Oct. 28, 2004, 118 Stat. 2025; Pub. 

L. 109–364, div. A, title IX, Sec. 903, Oct. 17, 2006, 120 Stat. 2351; Pub. L. 111–383, div. A, 

title IX, Sec. 901(j)(1), Jan. 7, 2011, 124 Stat. 4324.) 

§ 180. Service academy athletic programs: review board 

(a) INDEPENDENT REVIEW BOARD.—The Secretary of Defense 

shall appoint a board to review the administration of the athletics 

programs of the United States Military Academy, the United States 

Naval Academy, and the United States Air Force Academy. 

(b) COMPOSITION OF BOARD.—The Secretary shall appoint the 

members of the board from among distinguished administrators of 

institutions of higher education, members of Congress, members of 

the Boards of Visitors of the academies, and other experts in collegiate athletics programs. The Superintendents of the three acad-
§ 181 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 126 

emies shall be members of the board. The Secretary shall designate 

one member of the board, other than a Superintendent of an academy, as Chairman. 

(c) DUTIES.—The board shall, on an annual basis— 

(1) review all aspects of the athletics programs of the 

United States Military Academy, the United States Naval 

Academy, and the United States Air Force Academy, including— 

(A) the policies relating to the administration of such 

programs; 

(B) the appropriateness of the balance between the 

emphasis placed by each academy on athletics and the emphasis placed by such academy on academic pursuits; and 

(C) the extent to which all athletes in all sports are 

treated equitably under the athletics program of each 

academy; and 

(2) determine ways in which the administration of the athletics programs at the academies can serve as models for the 

administration of athletics programs at civilian institutions of 

higher education. 

(d) ADMINISTRATIVE PROVISIONS.—(1) Each member of the 

board who is not an officer or employee of the Federal Government 

shall be compensated at a rate equal to the daily equivalent of the 

annual rate of basic pay prescribed for Executive Schedule Level IV 

under section 5315 of title 5, for each day (including travel time) 

during which such member is engaged in the performance of the 

duties of the board. Members of the board who are officers or employees of the United States shall serve without compensation in 

addition to that received for their services as officers or employees 

of the United States. 

(2) The members of the board shall be allowed travel expenses, 

including per diem in lieu of subsistence, at rates authorized for 

employees of agencies under subchapter I of chapter 57 of title 5, 

while away from their homes or regular places of business in the 

performance of services for the board. 

(Added Pub. L. 102–190, div. A, title V, Sec. 513(a), Dec. 5, 1991, 105 Stat. 1360; amended Pub. 

L. 106–65, div. A, title X, Sec. 1066(a)(2), Oct. 5, 1999, 113 Stat. 770; Pub. L. 106–398, Sec. 

1 ((div. A), title X, Sec. 1087(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A–290.) 

§ 181. Joint Requirements Oversight Council 

(a) ESTABLISHMENT.—There is a Joint Requirements Oversight 

Council in the Department of Defense. 

(b) MISSION.—In addition to other matters assigned to it by the 

President or Secretary of Defense, the Joint Requirements Oversight Council shall— 

(1) assist the Chairman of the Joint Chiefs of Staff— 

(A) in identifying, assessing, and approving joint military requirements (including existing systems and equipment) to meet the national military strategy; 

(B) in identifying the core mission area associated 

with each such requirement; and 

(C) in ensuring the consideration of trade-offs among 

cost, schedule, and performance objectives for joint mili-
127 § 181 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

tary requirements in consultation with the advisors specified in subsection (d); 

(2) assist the Chairman in establishing and assigning priority levels for joint military requirements; 

(3) assist the Chairman, in consultation with the advisors 

to the Council under subsection (d), in reviewing the estimated 

level of resources required in the fulfillment of each joint military requirement and in ensuring that such resource level is 

consistent with the level of priority assigned to such requirement; 

(4) assist acquisition officials in identifying alternatives to 

any acquisition program that meet joint military requirements 

for the purposes of section 2366a(b), section 2366b(a)(4), and 

section 2433(e)(2) of this title; and 

(5) assist the Chairman, in consultation with the commanders of the combatant commands and the Under Secretary 

of Defense for Acquisition, Technology, and Logistics, in establishing an objective for the overall period of time within which 

an initial operational capability should be delivered to meet 

each joint military requirement. 

(c) COMPOSITION.—(1) The Joint Requirements Oversight 

Council is composed of— 

(A) the Vice Chairman of the Joint Chiefs of Staff, who is 

the chairman of the Council; 

(B) an Army officer in the grade of general; 

(C) a Navy officer in the grade of admiral; 

(D) an Air Force officer in the grade of general; 

(E) a Marine Corps officer in the grade of general; and 

(F) in addition, when directed by the chairman, the commander of any combatant command (or, as directed by that 

commander, the deputy commander of that command) when 

matters related to the area of responsibility or functions of that 

command will be under consideration by the Council. 

(2) Members of the Council under subparagraphs (B), (C), (D), 

and (E) of paragraph (1) shall be selected by the Chairman of the 

Joint Chiefs of Staff, after consultation with the Secretary of Defense, from officers in the grade of general or admiral, as the case 

may be, who are recommended for such selection by the Secretary 

of the military department concerned. 

(d) ADVISORS.—(1) The following officials of the Department of 

Defense shall serve as advisors to the Council on matters within 

their authority and expertise: 

(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(B) The Under Secretary of Defense (Comptroller). 

(C) The Under Secretary of Defense for Policy. 

(D) The Director of Cost Assessment and Program Evaluation. 

(E) The Director of Operational Test and Evaluation. 

(F) Such other civilian officials of the Department of Defense as are designated by the Secretary of Defense for purposes of this subsection. 

(2) The Council shall seek and consider input from the commanders of the combatant commands in carrying out its mission 
§ 182 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 128 

under paragraphs (1) and (2) of subsection (b) and in conducting 

periodic reviews in accordance with the requirements of subsection 

(e). 

(e) ORGANIZATION.—The Joint Requirements Oversight Council 

shall conduct periodic reviews of joint military requirements within 

a core mission area of the Department of Defense. In any such review of a core mission area, the officer or official assigned to lead 

the review shall have a deputy from a different military department. 

(f) AVAILABILITY OF OVERSIGHT INFORMATION TO CONGRESSIONAL DEFENSE COMMITTEES.—(1) The Secretary of Defense shall 

ensure that, in the case of a recommendation by the Chairman to 

the Secretary that is approved by the Secretary, oversight information with respect to such recommendation that is produced as a result of the activities of the Joint Requirements Oversight Council 

is made available in a timely fashion to the congressional defense 

committees. 

(2) In this subsection, the term ‘‘oversight information’’ means 

information and materials comprising analysis and justification 

that are prepared to support a recommendation that is made to, 

and approved by, the Secretary of Defense. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘joint military requirement’’ means a capability necessary to fulfill a gap in a core mission area of the 

Department of Defense. 

(2) The term ‘‘core mission area’’ means a core mission 

area of the Department of Defense identified under the most 

recent quadrennial roles and missions review pursuant to section 118b of this title. 

(Added Pub. L. 104–106, div. A, title IX, Sec. 905(a)(1), Feb. 10, 1996, 110 Stat. 403; amended 

Pub. L. 104–201, div. A, title IX, Sec. 908, Sept. 23, 1996, 110 Stat. 2621; Pub. L. 106–65, div. 

A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, Sec. 

1043(b)(3), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 110–181, div. A, title IX, Sec. 942(a)–(d), Jan. 

28, 2008, 122 Stat. 287, 288; Pub. L. 110–417, [div. A], title VIII, Sec. 813(d)(1), Oct. 14, 2008, 

122 Stat. 4527; Pub. L. 111–23, title I, Secs. 101(d)(1), 105(a), title II, Sec. 201(b), May 22, 2009, 

123 Stat. 1709, 1717, 1719; Pub. L. 111–383, div. A, title VIII, Sec. 841, title X, Sec. 1075(b)(8), 

Jan. 7, 2011, 124 Stat. 4281, 4369.) 

§ 182. Center for Excellence in Disaster Management and 

Humanitarian Assistance 

(a) ESTABLISHMENT.—The Secretary of Defense may operate a 

Center for Excellence in Disaster Management and Humanitarian 

Assistance (in this section referred to as the ‘‘Center’’). 

(b) MISSIONS.—(1) The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international disaster 

management and humanitarian assistance and operations that require coordination between the Department of Defense and other 

agencies. 

(2) The Center shall be used to make available high-quality 

disaster management and humanitarian assistance in response to 

disasters. 

(3) The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters: 
129 § 182 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(A) Management of the consequences of nuclear, biological, 

and chemical events. 

(B) Management of the consequences of terrorism. 

(C) Appropriate roles for the reserve components in the 

management of such consequences and in disaster management and humanitarian assistance in response to natural disasters. 

(D) Meeting requirements for information in connection 

with regional and global disasters, including the use of advanced communications technology as a virtual library. 

(E) Tropical medicine, particularly in relation to the medical readiness requirements of the Department of Defense. 

(4) The Center shall develop a repository of disaster risk indicators for the Asia-Pacific region. 

(5) The Center shall perform such other missions as the Secretary of Defense may specify. 

(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Secretary of Defense may enter into an agreement with 

appropriate officials of an institution of higher education to provide 

for joint operation of the Center. Any such agreement shall provide 

for the institution to furnish necessary administrative services for 

the Center, including administration and allocation of funds. 

(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in 

paragraph (2), the Secretary of Defense may accept, on behalf of 

the Center, donations to be used to defray the costs of the Center 

or to enhance the operation of the Center. Such donations may be 

accepted from any agency of the Federal Government, any State or 

local government, any foreign government, any foundation or other 

charitable organization (including any that is organized or operates 

under the laws of a foreign country), or any other private source 

in the United States or a foreign country. 

(2) The Secretary may not accept a donation under paragraph 

(1) if the acceptance of the donation would compromise or appear 

to compromise— 

(A) the ability of the Department of Defense, any employee 

of the Department, or members of the armed forces, to carry 

out any responsibility or duty of the Department in a fair and 

objective manner; or 

(B) the integrity of any program of the Department of Defense or of any person involved in such a program. 

(3) The Secretary shall prescribe written guidance setting forth 

the criteria to be used in determining whether or not the acceptance of a foreign donation would have a result described in paragraph (2). 

(4) Funds accepted by the Secretary under paragraph (1) as a 

donation on behalf of the Center shall be credited to appropriations 

available to the Department of Defense for the Center. Funds so 

credited shall be merged with the appropriations to which credited 

and shall be available for the Center for the same purposes and the 

same period as the appropriations with which merged. 

(Added Pub. L. 105–85, div. A, title III, Sec. 382(a)(1), Nov. 18, 1997, 111 Stat. 1709.) 
§ 183 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 130 

§ 183. Department of Defense Board of Actuaries 

(a) IN GENERAL.—There shall be in the Department of Defense 

a Department of Defense Board of Actuaries (hereinafter in this 

section referred to as the ‘‘Board’’). 

(b) MEMBERS.—(1) The Board shall consist of three members 

who shall be appointed by the Secretary of Defense from among 

qualified professional actuaries who are members of the Society of 

Actuaries. 

(2) The members of the Board shall serve for a term of 15 

years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member’s 

predecessor was appointed shall only serve until the end of such 

term. A member may serve after the end of the member’s term 

until the member’s successor takes office. 

(3) A member of the Board may be removed by the Secretary 

of Defense only for misconduct or failure to perform functions vested in the Board. 

(4) A member of the Board who is not an employee of the 

United States is entitled to receive pay at the daily equivalent of 

the annual rate of basic pay of the highest rate of basic pay then 

currently being paid under the General Schedule of subchapter III 

of chapter 53 of title 5 for each day the member is engaged in the 

performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 

5703 of that title in connection with such duties. 

(c) DUTIES.—The Board shall have the following duties: 

(1) To review valuations of the Department of Defense 

Military Retirement Fund in accordance with section 1465(c) of 

this title and submit to the President and Congress, not less 

often than once every four years, a report on the status of that 

Fund, including such recommendations for modifications to the 

funding or amortization of that Fund as the Board considers 

appropriate and necessary to maintain that Fund on a sound 

actuarial basis. 

(2) To review valuations of the Department of Defense 

Education Benefits Fund in accordance with section 2006(e) of 

this title and make recommendations to the President and 

Congress on such modifications to the funding or amortization 

of that Fund as the Board considers appropriate to maintain 

that Fund on a sound actuarial basis. 

(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and 

make recommendations to the President and Congress on such 

modifications to the funding or amortization of such funds as 

the Board considers appropriate to maintain such funds on a 

sound actuarial basis. 

(d) RECORDS.—The Secretary of Defense shall ensure that the 

Board has access to such records regarding the funds referred to 

in subsection (c) as the Board shall require to determine the actuarial status of such funds. 

(e) REPORTS.—(1) The Board shall submit to the Secretary of 

Defense on an annual basis a report on the actuarial status of each 

of the following: 
131 § 184 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(A) The Department of Defense Military Retirement Fund. 

(B) The Department of Defense Education Benefits Fund. 

(C) Each other fund specified by Secretary under subsection (c)(3). 

(2) The Board shall also furnish its advice and opinion on matters referred to it by the Secretary. 

(Added Pub. L. 110–181, div. A, title IX, Sec. 906(a)(1), Jan. 28, 2008, 122 Stat. 275.) 

§ 184. Regional Centers for Security Studies 

(a) IN GENERAL.—The Secretary of Defense shall administer 

the Department of Defense Regional Centers for Security Studies 

in accordance with this section as international venues for bilateral 

and multilateral research, communication, and exchange of ideas 

involving military and civilian participants. 

(b) REGIONAL CENTERS SPECIFIED.—(1) A Department of Defense Regional Center for Security Studies is a Department of Defense institution that— 

(A) is operated, and designated as such, by the Secretary 

of Defense for the study of security issues relating to a specified geographic region of the world; and 

(B) serves as a forum for bilateral and multilateral research, communication, and exchange of ideas involving military and civilian participants. 

(2) The Department of Defense Regional Centers for Security 

Studies are the following: 

(A) The George C. Marshall European Center for Security 

Studies, established in 1993 and located in GarmischPartenkirchen, Germany. 

(B) The Asia-Pacific Center for Security Studies, established in 1995 and located in Honolulu, Hawaii. 

(C) The Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C. 

(D) The Africa Center for Strategic Studies, established in 

1999 and located in Washington, D.C. 

(E) The Near East South Asia Center for Strategic Studies, 

established in 2000 and located in Washington, D.C. 

(3) No institution or element of the Department of Defense 

may be designated as a Department of Defense Regional Center for 

Security Studies for purposes of this section, other than the institutions specified in paragraph (2), except as specifically provided by 

law after October 17, 2006. 

(c) REGULATIONS.—The administration of the Regional Centers 

under this section shall be carried out under regulations prescribed 

by the Secretary. 

(d) PARTICIPATION.—Participants in activities of the Regional 

Centers may include United States and foreign military, civilian, 

and nongovernmental personnel. 

(e) EMPLOYMENT AND COMPENSATION OF FACULTY.—At each 

Regional Center, the Secretary may, subject to the availability of 

appropriations— 

(1) employ a Director, a Deputy Director, and as many civilians as professors, instructors, and lecturers as the Secretary considers necessary; and 
§ 184 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 132 

(2) prescribe the compensation of such persons, in accordance with Federal guidelines. 

(f) PAYMENT OF COSTS.—(1) Participation in activities of a Regional Center shall be on a reimbursable basis (or by payment in 

advance), except in a case in which reimbursement is waived in accordance with paragraph (3). 

(2) For a foreign national participant, payment of costs may be 

made by the participant, the participant’s own government, by a 

Department or agency of the United States other than the Department of Defense, or by a gift or donation on behalf of one or more 

Regional Centers accepted under section 2611 of this title on behalf 

of the participant’s government. 

(3) The Secretary of Defense may waive reimbursement of the 

costs of activities of the Regional Centers for foreign military officers and foreign defense and security civilian government officials 

from a developing country if the Secretary determines that attendance of such personnel without reimbursement is in the national 

security interest of the United States. Costs for which reimbursement is waived pursuant to this paragraph shall be paid from appropriations available to the Regional Centers. 

(4) Funds accepted for the payment of costs shall be credited 

to the appropriation then currently available to the Department of 

Defense for the Regional Center that incurred the costs. Funds so 

credited shall be merged with the appropriation to which credited 

and shall be available to that Regional Center for the same purposes and same period as the appropriation with which merged. 

(5) Funds available for the payment of personnel expenses 

under the Latin American cooperation authority set forth in section 

1050 of this title are also available for the costs of the operation 

of the Center for Hemispheric Defense Studies. 

(6) Funds available to carry out this section, including funds 

accepted under paragraph (4) and funds available under paragraph 

(5), shall be available, to the extent provided in appropriations 

Acts, for programs and activities under this section that begin in 

a fiscal year and end in the following fiscal year. 

(g) SUPPORT TO OTHER AGENCIES.—The Director of a Regional 

Center may enter into agreements with the Secretaries of the military departments, the heads of the Defense Agencies, and, with the 

concurrence of the Secretary of Defense, the heads of other Federal 

departments and agencies for the provision of services by that Regional Center under this section. Any such participating department and agency shall transfer to the Regional Center funds to pay 

the full costs of the services received. 

(h) ANNUAL REPORT.—Not later than February 1 of each year, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the 

House of Representatives a report on the operation of the Regional 

Centers for security studies during the preceding fiscal year. The 

annual report shall include, for each Regional Center, the following 

information: 

(1) The status and objectives of the center. 

(2) The budget of the center, including the costs of operating the center. 
133 § 185 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(3) A description of the extent of the international participation in the programs of the center, including the costs incurred by the United States for the participation of each foreign nation. 

(4) A description of the foreign gifts and donations, if any, 

accepted under section 2611 of this title. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title IX, Sec. 912(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–228; amended Pub. L. 107–107, div. A, title X, Sec. 1048(c)(2), Dec. 28, 2001, 115 Stat. 

1226; Pub. L. 108–136, div. A, title IX, Sec. 931(b)(2), Nov. 24, 2003, 117 Stat. 1581; Pub. L. 

109–163, div. A, title IX, Sec. 903(b), Jan. 6, 2006, 119 Stat. 3399; Pub. L. 109–364, div. A, title 

IX, Sec. 904(a)(1), Oct. 17, 2006, 120 Stat. 2351; Pub. L. 110–417, [div. A], title IX, Sec. 

941(a)(1), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 1073(a)(3), Oct. 28, 

2009, 123 Stat. 2472.) 

§ 185. Financial Management Modernization Executive Committee 

(a) ESTABLISHMENT OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 

establish a Financial Management Modernization Executive Committee. 

(2) The Committee shall be composed of the following: 

(A) The Under Secretary of Defense (Comptroller), who 

shall be the chairman of the committee. 

(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(C) The Under Secretary of Defense for Personnel and 

Readiness. 

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

(E) Such additional personnel of the Department of Defense (including appropriate personnel of the military departments and Defense Agencies) as are designated by the Secretary. 

(3) The Committee shall be accountable to the Senior Executive Council (composed of the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, the Secretary of the Army, the Secretary 

of the Navy, and the Secretary of the Air Force). 

(b) DUTIES.—In addition to other matters assigned to it by the 

Secretary of Defense, the Committee shall have the following duties: 

(1) To establish a process that ensures that each critical 

accounting system, financial management system, and data 

feeder system of the Department of Defense is compliant with 

applicable Federal financial management and reporting requirements. 

(2) To develop a management plan for the implementation 

of the financial and data feeder systems compliance process established pursuant to paragraph (1). 

(3) To supervise and monitor the actions that are necessary to implement the management plan developed pursuant 

to paragraph (2), as approved by the Secretary of Defense. 

(4) To ensure that a Department of Defense financial management enterprise architecture is developed and maintained 

in accordance with— 
§ 185 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 134 

(A) the overall business process transformation strategy of the Department; and 

(B) the architecture framework of the Department for 

command, control, communications, computers, intelligence, surveillance, and reconnaissance functions. 

(5) To ensure that investments in existing or proposed financial management systems for the Department comply with 

the overall business practice transformation strategy of the Department and the financial management enterprise architecture developed under paragraph (4). 

(6) To provide an annual accounting of each financial and 

data feeder system investment technology project to ensure 

that each such project is being implemented at acceptable cost 

and within a reasonable schedule and is contributing to tangible, observable improvements in mission performance. 

(c) MANAGEMENT PLAN FOR IMPLEMENTATION OF FINANCIAL

DATA FEEDER SYSTEMS COMPLIANCE PROCESS.—The management 

plan developed under subsection (b)(2) shall include among its principal elements at least the following elements: 

(1) A requirement for the establishment and maintenance 

of a complete inventory of all budgetary, accounting, finance, 

and data feeder systems that support the transformed business 

processes of the Department and produce financial statements. 

(2) A phased process (consisting of the successive phases of 

Awareness, Evaluation, Renovation, Validation, and Compliance) for improving systems referred to in paragraph (1) that 

provides for mapping financial data flow from the cognizant 

Department business function source (as part of the overall 

business process transformation strategy of the Department) to 

Department financial statements. 

(3) Periodic submittal to the Secretary of Defense, the Deputy Secretary of Defense, and the Senior Executive Council (or 

any combination thereof) of reports on the progress being made 

in achieving financial management transformation goals and 

milestones included in the annual financial management improvement plan in 2002. 

(4) Documentation of the completion of each phase specified in paragraph (2) of improvements made to each accounting, finance, and data feeder system of the Department. 

(5) Independent audit by the Inspector General of the Department, the audit agencies of the military departments, and 

private sector firms contracted to conduct validation audits (or 

any combination thereof) at the validation phase for each accounting, finance, and data feeder system. 

(d) DATA FEEDER SYSTEMS.—In this section, the term ‘‘data 

feeder system’’ means an automated or manual system from which 

information is derived for a financial management system or an accounting system. 

(Added Pub. L. 107–107, div. A, title X, Sec. 1009(a)(1), Dec. 28, 2001, 115 Stat. 1206; amended 

Pub. L. 107–314, div. A, title X, Sec. 1004(h)(2), Dec. 2, 2002, 116 Stat. 2631.) 
135 § 186 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

§ 186. Defense Business System Management Committee 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a Defense Business Systems Management Committee, to be composed of the following persons: 

(1) The Deputy Secretary of Defense. 

(2) The Deputy Chief Management Officer of the Department of Defense. 

(3) The Under Secretary of Defense for Acquisition, Logistics, and Technology. 

(4) The Under Secretary of Defense for Personnel and 

Readiness. 

(5) The Under Secretary of Defense (Comptroller). 

(6) The Assistant Secretary of Defense for Networks and 

Information Integration. 

(7) The Chief Management Officers of the military departments and the heads of such Defense Agencies as may be designated by the Secretary of Defense. 

(8) Such additional personnel of the Department of Defense (including personnel assigned to the Joint Chiefs of Staff 

and combatant commands) as are designated by the Secretary 

of Defense. 

(b) CHAIRMAN AND VICE CHAIRMAN.—The Deputy Secretary of 

Defense shall serve as the chairman of the Committee. The Deputy 

Chief Management Officer of the Department of Defense shall 

serve as the vice chairman of the Committee, and shall act as 

chairman in the absence of the Deputy Secretary of Defense. 

(c) DUTIES.—(1) In addition to any other matters assigned to 

the Committee by the Secretary of Defense, the Committee shall— 

(A) recommend to the Secretary of Defense policies and 

procedures necessary to effectively integrate the requirements 

of section 2222 of this title into all business activities and any 

transformation, reform, reorganization, or process improvement initiatives undertaken within the Department of Defense; 

(B) review and approve any major update of the defense 

business enterprise architecture developed under subsection (b) 

of section 2222 of this title, including evolving the architecture, 

and of defense business systems modernization plans; and 

(C) manage cross-domain integration consistent with such 

enterprise architecture. 

(2) The Committee shall be responsible for coordinating defense business system modernization initiatives to maximize benefits and minimize costs for the Department of Defense and periodically report to the Secretary on the status of defense business system modernization efforts. 

(3) The Committee shall ensure that funds are obligated for defense business system modernization in a manner consistent with 

section 2222 of this title. 

(d) DEFINITIONS.—In this section, the terms ‘‘defense business 

system’’ and ‘‘defense business system modernization’’ have the 

meanings given such terms in section 2222 of this title. 

(Added Pub. L. 108–375, div. A, title III, Sec. 332(b)(1), Oct. 28, 2004, 118 Stat. 1854; amended 

Pub. L. 110–417, [div. A], title IX, Sec. 904, Oct. 14, 2008, 122 Stat. 4567; Pub. L. 111–383, 

div. A, title X, Sec. 1075(b)(9), Jan. 7, 2011, 124 Stat. 4369.) 
§ 187 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 136 

§ 187. Strategic Materials Protection Board 

(a) ESTABLISHMENT.—(1) The Secretary of Defense shall establish a Strategic Materials Protection Board. 

(2) The Board shall be composed of representatives of the following: 

(A) The Secretary of Defense, who shall be the chairman 

of the Board. 

(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

(C) The Under Secretary of Defense for Intelligence. 

(D) The Secretary of the Army. 

(E) The Secretary of the Navy. 

(F) The Secretary of the Air Force. 

(b) DUTIES.—In addition to other matters assigned to it by the 

Secretary of Defense, the Board shall— 

(1) determine the need to provide a long term secure supply of materials designated as critical to national security to 

ensure that national defense needs are met; 

(2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material would 

have; 

(3) recommend a strategy to the President to ensure a secure supply of materials designated as critical to national security; 

(4) recommend such other strategies to the President as 

the Board considers appropriate to strengthen the industrial 

base with respect to materials critical to national security; and 

(5) publish not less frequently than once every two years 

in the Federal Register recommendations regarding materials 

critical to national security, including a list of specialty metals, 

if any, recommended for addition to, or removal from, the definition of ‘‘specialty metal’’ for purposes of section 2533b of this 

title. 

(c) MEETINGS.—The Board shall meet as determined necessary 

by the Secretary of Defense but not less frequently than once every 

two years to make recommendations regarding materials critical to 

national security as described in subsection (b)(5). 

(d) REPORTS.—After each meeting of the Board, the Board shall 

prepare and submit to Congress a report containing the results of 

the meeting and such recommendations as the Board determines 

appropriate. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘materials critical to national security’’ means 

materials— 

(A) upon which the production or sustainment of military equipment is dependent; and 

(B) the supply of which could be restricted by actions 

or events outside the control of the Government of the 

United States. 

(2) The term ‘‘military equipment’’ means equipment used 

directly by the armed forces to carry out military operations. 
137 § 187 CH. 7—BOARDS, COUNCILS, AND COMMITTEES 

(3) The term ‘‘secure supply’’, with respect to a material, 

means the availability of a source or sources for the material, 

including the full supply chain for the material and components containing the material. 

(Added Pub. L. 109–364, div. A, title VIII, Sec. 843(a), Oct. 17, 2006, 120 Stat. 2338; amended 

Pub. L. 111–383, div. A, title VIII, Sec. 829, Jan. 7, 2011, 124 Stat. 4272.) 
138 

CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF 

DEFENSE FIELD ACTIVITIES 

Subchapter Sec. 

I. Common Supply and Service Activities .................................................... 191 

II. Miscellaneous Defense Agency Matters ................................................... 201 

SUBCHAPTER I—COMMON SUPPLY AND SERVICE 

ACTIVITIES 

Sec. 

191. Secretary of Defense: authority to provide for common performance of supply or service activities. 

192. Defense Agencies and Department of Defense Field Activities: oversight by 

the Secretary of Defense. 

193. Combat support agencies: oversight. 

194. Limitations on personnel. 

195. Defense Automated Printing Service: applicability of Federal printing requirements. 

196. Department of Defense Test Resource Management Center. 

197. Defense Logistics Agency: fees charged for logistics information. 

§ 191. Secretary of Defense: authority to provide for common performance of supply or service activities 

(a) AUTHORITY.—Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, 

the Secretary may provide for the performance of a supply or service activity that is common to more than one military department 

by a single agency of the Department of Defense. 

(b) DESIGNATION OF COMMON SUPPLY OR SERVICE AGENCY.— 

Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125(d) of this 

title (as in effect before October 1, 1986)) for the performance of a 

supply or service activity referred to in such subsection shall be 

designated as a Defense Agency or a Department of Defense Field 

Activity. 

(Added Pub. L. 99–433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100 Stat. 1019; amended Pub. L. 

100–26, Sec. 7(i)(1), Apr. 21, 1987, 101 Stat. 282.) 

§ 192. Defense Agencies and Department of Defense Field 

Activities: oversight by the Secretary of Defense 

(a) OVERALL SUPERVISION.—(1) The Secretary of Defense shall 

assign responsibility for the overall supervision of each Defense 

Agency and Department of Defense Field Activity designated under 

section 191(b) of this title— 

(A) to a civilian officer within the Office of the Secretary 

of Defense listed in section 131(b) of this title; or 

(B) to the Chairman of the Joint Chiefs of Staff. 

(2) An official assigned such a responsibility with respect to a 

Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program 
139 § 193 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 

recommendations and budget proposals of such agency or activity 

conform with the requirements of the military departments and of 

the unified and specified combatant commands. 

(3) This subsection does not apply to the Defense Intelligence 

Agency or the National Security Agency. 

(b) PROGRAM AND BUDGET REVIEW.—The Secretary of Defense 

shall establish procedures to ensure that there is full and effective 

review of the program recommendations and budget proposals of 

each Defense Agency and Department of Defense Field Activity. 

(c) PERIODIC REVIEW.—(1) Periodically (and not less often than 

every two years), the Secretary of Defense shall review the services 

and supplies provided by each Defense Agency and Department of 

Defense Field Activity to ensure that— 

(A) there is a continuing need for each such agency and activity; and 

(B) the provision of those services and supplies by each 

such agency and activity, rather than by the military departments, is a more effective, economical, or efficient manner of 

providing those services and supplies or of meeting the requirements for combat readiness of the armed forces. 

(2) Paragraph (1) shall apply to the National Security Agency 

as determined appropriate by the Secretary, in consultation with 

the Director of National Intelligence. The Secretary shall establish 

procedures under which information required for review of the National Security Agency shall be obtained. 

(d) SPECIAL RULE FOR DEFENSE COMMISSARY AGENCY.—Notwithstanding the results of any periodic review under subsection (c) 

with regard to the Defense Commissary Agency, the Secretary of 

Defense may not transfer to the Secretary of a military department 

the responsibility to manage and fund the provision of services and 

supplies provided by the Defense Commissary Agency unless the 

transfer of the management and funding responsibility is specifically authorized by a law enacted after October 17, 1998. 

(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANSFORMATION

AGENCY.—(1) The Defense Business Transformation Agency shall 

be supervised by the vice chairman of the Defense Business System 

Management Committee. 

(2) Notwithstanding the results of any periodic review under 

subsection (c) with regard to the Defense Business Transformation 

Agency, the Secretary of Defense shall designate that the Director 

of the Agency shall report directly to the Deputy Chief Management Officer of the Department of Defense. 

(Added Pub. L. 99–433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100 Stat. 1020; amended Pub. L. 

105–261, div. A, title III, Sec. 361(a), Oct. 17, 1998, 112 Stat. 1984; Pub. L. 106–65, div. A, title 

X, Sec. 1066(a)(3), Oct. 5, 1999, 113 Stat. 770; Pub. L. 109–163, div. A, title III, Sec. 371, Jan. 

6, 2006, 119 Stat. 3209; Pub. L. 110–181, div. A, title IX, Secs. 904(c), 931(a)(1), Jan. 28, 2008, 

122 Stat. 274, 285.) 

§ 193. Combat support agencies: oversight 

(a) COMBAT READINESS.—(1) Periodically (and not less often 

than every two years), the Chairman of the Joint Chiefs of Staff 

shall submit to the Secretary of Defense a report on the combat 

support agencies. Each such report shall include— 
§ 193 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 140 

(A) a determination with respect to the responsiveness and 

readiness of each such agency to support operating forces in 

the event of a war or threat to national security; and 

(B) any recommendations that the Chairman considers appropriate. 

(2) In preparing each such report, the Chairman shall review 

the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. 

After consultation with the Secretaries of the military departments 

and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of 

the Secretary of Defense, take steps to provide for any revision of 

those plans that the Chairman considers appropriate. 

(b) PARTICIPATION IN JOINT TRAINING EXERCISES.—The Chairman shall— 

(1) provide for the participation of the combat support 

agencies in joint training exercises to the extent necessary to 

ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and 

(2) assess the performance in joint training exercises of 

each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for 

any change that the Chairman considers appropriate to improve that performance. 

(c) READINESS REPORTING SYSTEM.—The Chairman shall develop, in consultation with the director of each combat support 

agency, a uniform system for reporting to the Secretary of Defense, 

the commanders of the unified and specified combatant commands, 

and the Secretaries of the military departments concerning the 

readiness of each such agency to perform with respect to a war or 

threat to national security. 

(d) REVIEW OF NATIONAL SECURITY AGENCY AND NATIONAL

GEOSPATIAL-INTELLIGENCE AGENCY.—(1) Subsections (a), (b), and 

(c) shall apply to the National Security Agency and the National 

Geospatial-Intelligence Agency, but only with respect to combat 

support functions that the agencies perform for the Department of 

Defense. 

(2) The Secretary, after consulting with the Director of National Intelligence, shall establish policies and procedures with respect to the application of subsections (a), (b), and (c) to the National Security Agency and the National Geospatial-Intelligence 

Agency. 

(e) COMBAT SUPPORT CAPABILITIES OF DIA, NSA, AND NGA.— 

The Secretary of Defense, in consultation with the Director of National Intelligence, shall develop and implement, as they may determine to be necessary, policies and programs to correct such deficiencies as the Chairman of the Joint Chiefs of Staff and other officials of the Department of Defense may identify in the capabilities 

of the Defense Intelligence Agency, the National Security Agency, 

and the National Geospatial-Intelligence Agency to accomplish assigned missions in support of military combat operations. 
141 § 194 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 

(f) DEFINITION OF COMBAT SUPPORT AGENCY.—In this section, 

the term ‘‘combat support agency’’ means any of the following Defense Agencies: 

(1) The Defense Information Systems Agency. 

(2) The Defense Intelligence Agency. 

(3) The Defense Logistics Agency. 

(4) The National Geospatial-Intelligence Agency. 

(5) Any other Defense Agency designated as a combat support agency by the Secretary of Defense. 

(Added Pub. L. 99–433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100 Stat. 1020; amended Pub. L. 

104–201, div. A, title XI, Sec. 1112(c), Sept. 23, 1996, 110 Stat. 2683; Pub. L. 105–85, title X, 

Sec. 1073(a)(5), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–136, div. A, title IX, Sec. 921(d)(3), 

Nov. 24, 2003, 117 Stat. 1568; Pub. L. 109–364, div. A, title IX, Sec. 907, Oct. 17, 2006, 120 

Stat. 2354; Pub. L. 110–181, div. A, title IX, Sec. 931(a)(2), (3), Jan. 28, 2008, 122 Stat. 285; 

Pub. L. 110–417, [div. A], title IX, Sec. 932(a)(1), (2), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111– 

84, div. A, title X, Sec. 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.) 

§ 194. Limitations on personnel 

(a) CAP ON HEADQUARTERS MANAGEMENT PERSONNEL.—The 

total number of members of the armed forces and civilian employees assigned or detailed to permanent duty in the management 

headquarters activities or management headquarters support activities in the Defense Agencies and Department of Defense Field 

Activities may not exceed the number that is the number of such 

members and employees assigned or detailed to such duty on September 30, 1989. 

(b) CAP ON OTHER PERSONNEL.—The total number of members 

of the armed forces and civilian employees assigned or detailed to 

permanent duty in the Defense Agencies and Department of Defense Field Activities, other than members and employees assigned 

to management headquarters activities or management headquarters support activities, may not exceed the number that is the 

number of such members and employees assigned or detailed to 

such duty on September 30, 1989. 

(c) PROHIBITION AGAINST CERTAIN ACTIONS TO EXCEED LIMITATIONS.—The limitations in subsections (a) and (b) may not be exceeded by recategorizing or redefining duties, functions, offices, or 

organizations. 

(d) EXCLUSION OF NSA.—The National Security Agency shall 

be excluded in computing and maintaining the limitations required 

by this section. 

(e) WAIVER.—The limitations in this section do not apply— 

(1) in time of war; or 

(2) during a national emergency declared by the President 

or Congress. 

(f) DEFINITIONS.—In this section, the terms ‘‘management 

headquarters activities’’ and ‘‘management headquarters support 

activities’’ have the meanings given those terms in Department of 

Defense Directive 5100.73, entitled ‘‘Department of Defense Management Headquarters and Headquarters Support Activities’’ and 

dated January 7, 1985. 

(Added Pub. L. 99–433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100 Stat. 1021; amended Pub. L. 

100–180, div. A, title XIII, Sec. 1314(b)(3), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. 

A, title XVI, Sec. 1622(h)(1), Nov. 29, 1989, 103 Stat. 1605.) 
§ 195 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 142 

§ 195. Defense Automated Printing Service: applicability of 

Federal printing requirements 

The Defense Automated Printing Service shall comply fully 

with the requirements of section 501 of title 44 relating to the production and procurement of printing, binding, and blank-book 

work. 

(Added Pub. L. 105–85, div. A, title III, Sec. 383(a), Nov. 18, 1997, 111 Stat. 1711.) 

§ 196. Department of Defense Test Resource Management 

Center 

(a) ESTABLISHMENT AS DEPARTMENT OF DEFENSE FIELD ACTIVITY.—The Secretary of Defense shall establish within the Department of Defense under section 191 of this title a Department of Defense Test Resource Management Center (hereinafter in this section referred to as the ‘‘Center’’). The Secretary shall designate the 

Center as a Department of Defense Field Activity. 

(b) DIRECTOR AND DEPUTY DIRECTOR.—(1) At the head of the 

Center shall be a Director, selected by the Secretary from among 

individuals who have substantial experience in the field of test and 

evaluation. A commissioned officer serving as the Director, while so 

serving, holds the grade of lieutenant general or, in the case of an 

officer of the Navy, vice admiral. A civilian officer or employee 

serving as the Director, while so serving, has a pay level equivalent 

in grade to lieutenant general. 

(2) There shall be a Deputy Director of the Center, selected by 

the Secretary from among individuals who have substantial experience in the field of test and evaluation. The Deputy Director shall 

act for, and exercise the powers of, the Director when the Director 

is disabled or the position of Director is vacant. 

(c) DUTIES OF DIRECTOR.—(1) The Director shall have the following duties: 

(A) To review and provide oversight of proposed Department of Defense budgets and expenditures for— 

(i) the test and evaluation facilities and resources of 

the Major Range and Test Facility Base of the Department 

of Defense; and 

(ii) all other test and evaluation facilities and resources within and outside of the Department of Defense, 

other than budgets and expenditures for activities described in section 139(i) of this title. 

(B) To review proposed significant changes to the test and 

evaluation facilities and resources of the Major Range and Test 

Facility Base before they are implemented by the Secretaries 

of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the 

Secretary of Defense and the Under Secretary of Acquisition, 

Technology, and Logistics of the impact of such changes on the 

adequacy of such test and evaluation facilities and resources to 

meet the test and evaluation requirements of the Department. 

(C) To complete and maintain the strategic plan required 

by subsection (d). 

(D) To review proposed budgets under subsection (e) and 

submit reports and certifications required by such subsection. 
143 § 196 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 

(E) To administer the Central Test and Evaluation Investment Program and the program of the Department of Defense 

for test and evaluation science and technology. 

(2) The Director shall have access to such records and data of 

the Department of Defense (including the appropriate records and 

data of each military department and Defense Agency) that are 

necessary in order to carry out the duties of the Director under this 

section. 

(d) STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND

EVALUATION RESOURCES.—(1) Not less often than once every two 

fiscal years, the Director, in coordination with the Director of Operational Test and Evaluation, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation 

responsibilities, shall complete a strategic plan reflecting the needs 

of the Department of Defense with respect to test and evaluation 

facilities and resources. Each such strategic plan shall cover the period of ten fiscal years beginning with the fiscal year in which the 

plan is submitted under paragraph (3). The strategic plan shall be 

based on a comprehensive review of the test and evaluation requirements of the Department and the adequacy of the test and 

evaluation facilities and resources of the Department to meet those 

requirements. 

(2) The strategic plan shall include the following: 

(A) An assessment of the test and evaluation requirements 

of the Department for the period covered by the plan. 

(B) An identification of performance measures associated 

with the successful achievement of test and evaluation objectives for the period covered by the plan. 

(C) An assessment of the test and evaluation facilities and 

resources that will be needed to meet such requirements and 

satisfy such performance measures. 

(D) An assessment of the current state of the test and 

evaluation facilities and resources of the Department. 

(E) An itemization of acquisitions, upgrades, and improvements necessary to ensure that the test and evaluation facilities and resources of the Department are adequate to meet 

such requirements and satisfy such performance measures. 

(F) An assessment of the budgetary resources necessary to 

implement such acquisitions, upgrades, and improvements. 

(3) Upon completing a strategic plan under paragraph (1), the 

Director shall submit to the Secretary of Defense a report on that 

plan. The report shall include the plan and a description of the review on which the plan is based. 

(4) Not later than 60 days after the date on which the report 

is submitted under paragraph (3), the Secretary of Defense shall 

transmit to the Committee on Armed Services and Committee on 

Appropriations of the Senate and the Committee on Armed Services and Committee on Appropriations of the House of Representatives the report, together with any comments with respect to the 

report that the Secretary considers appropriate. 

(e) CERTIFICATION OF BUDGETS.—(1) The Secretary of Defense, 

acting through the Under Secretary of Defense (Comptroller), shall 

require that the Secretary of each military department and the 

head of each Defense Agency with test and evaluation responsibil-
§ 197 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 144 

ities transmit such Secretary’s or Defense Agency head’s proposed 

budget for test and evaluation activities for a fiscal year to the Director of the Center for review under paragraph (2) before submitting such proposed budget to the Under Secretary of Defense 

(Comptroller). 

(2)(A) The Director of the Center shall review each proposed 

budget transmitted under paragraph (1) and shall, not later than 

January 31 of the year preceding the fiscal year for which such 

budgets are proposed, submit to the Secretary of Defense a report 

containing the comments of the Director with respect to all such 

proposed budgets, together with the certification of the Director as 

to whether such proposed budgets are adequate. 

(B) The Director shall also submit, together with such report 

and such certification, an additional certification as to whether 

such proposed budgets provide balanced support for such strategic 

plan. 

(3) The Secretary of Defense shall, not later than March 31 of 

the year preceding the fiscal year for which such budgets are proposed, submit to Congress a report on those proposed budgets 

which the Director has not certified under paragraph (2)(A) to be 

adequate. The report shall include the following matters: 

(A) A discussion of the actions that the Secretary proposes 

to take, together with any recommended legislation that the 

Secretary considers appropriate, to address the inadequacy of 

the proposed budgets. 

(B) Any additional comments that the Secretary considers 

appropriate regarding the inadequacy of the proposed budgets. 

(f) SUPERVISION OF DIRECTOR BY UNDER SECRETARY.—The Director of the Center shall be subject to the supervision of the Under 

Secretary of Defense for Acquisition, Technology, and Logistics. The 

Director shall report directly to the Under Secretary, without the 

interposition of any other supervising official. 

(g) ADMINISTRATIVE SUPPORT OF CENTER.—The Secretary of 

Defense shall provide the Director with administrative support 

adequate for carrying out the Director’s responsibilities under this 

section. The Secretary shall provide the support out of the headquarters activities of the Department or any other activities that 

the Secretary considers appropriate. 

(h) DEFINITION.—In this section, the term ‘‘Major Range and 

Test Facility Base’’ means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities 

and resources comprising the Major Range and Test Facility Base. 

(Added Pub. L. 107–314, div. A, title II, Sec. 231(a)(1), Dec. 2, 2002, 116 Stat. 2487; amended 

Pub. L. 108–136, div. A, title II, Sec. 212, Nov. 24, 2003, 117 Stat. 1416; Pub. L. 109–163, div. 

A, title II, Sec. 258(a), title IX, Sec. 902, Jan. 6, 2006, 119 Stat. 3185, 3397; Pub. L. 111–84, 

div. A, title II, Sec. 251, Oct. 28, 2009, 123 Stat. 2241.) 

§ 197. Defense Logistics Agency: fees charged for logistics 

information 

(a) AUTHORITY.—The Secretary of Defense may charge fees for 

providing information in the Federal Logistics Information System 

through Defense Logistics Information Services to a department or 

agency of the executive branch outside the Department of Defense, 

or to a State, a political subdivision of a State, or any person. 
145 § 201 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 

(b) AMOUNT.—The fee or fees prescribed under subsection (a) 

shall be such amount or amounts as the Secretary of Defense determines appropriate for recovering the costs of providing information as described in such subsection. 

(c) RETENTION OF FEES.—Fees collected under this section 

shall be credited to the appropriation available for Defense Logistics Information Services for the fiscal year in which collected, shall 

be merged with other sums in such appropriation, and shall be 

available for the same purposes and period as the appropriation 

with which merged. 

(d) DEFENSE LOGISTICS INFORMATION SERVICES DEFINED.—In 

this section, the term ‘‘Defense Logistics Information Services’’ 

means the organization within the Defense Logistics Agency that 

is known as Defense Logistics Information Services. 

(Added Pub. L. 108–375, div. A, title X, Sec. 1010(a), Oct. 28, 2004, 118 Stat. 2038.) 

SUBCHAPTER II—MISCELLANEOUS DEFENSE AGENCY 

MATTERS 

Sec. 

201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance. 

[202. Repealed.] 

203. Director of Missile Defense Agency. 

§ 201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of 

performance 

(a) CONSULTATION REGARDING APPOINTMENT.—Before submitting a recommendation to the President regarding the appointment 

of an individual to the position of Director of the Defense Intelligence Agency, the Secretary of Defense shall consult with the Director of National Intelligence regarding the recommendation. 

(b) CONCURRENCE IN APPOINTMENT.—(1) In the event of a vacancy in a position referred to in paragraph (2), before appointing 

an individual to fill the vacancy or recommending to the President 

an individual to be nominated to fill the vacancy, the Secretary of 

Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act 

of 1947 (50 U.S.C. 403–6(b)). 

(2) Paragraph (1) applies to the following positions: 

(A) The Director of the National Security Agency. 

(B) The Director of the National Reconnaissance Office. 

(C) The Director of the National Geospatial-Intelligence 

Agency. 

(c) PERFORMANCE EVALUATIONS.—(1) The Director of National 

Intelligence shall provide annually to the Secretary of Defense, for 

the Secretary’s consideration, an evaluation of the performance of 

the individuals holding the positions referred to in paragraph (2) 

in fulfilling their respective responsibilities with regard to the National Intelligence Program. 

(2) The positions referred to in paragraph (1) are the following: 

(A) The Director of the National Security Agency. 

(B) The Director of the National Reconnaissance Office. 
[§ 202 CH. 8—DEFENSE AGENCIES AND FIELD ACTIVITIES 146 

(C) The Director of the National Geospatial-Intelligence 

Agency. 

(Added Pub. L. 102–190, div. A, title IX, Sec. 922(a)(2), Dec. 5, 1991, 105 Stat. 1453; amended 

Pub. 104–201, div. A, title XI, Sec. 1103(a), Sept. 23, 1996, 110 Stat. 2676; Pub. L. 108–136, 

div. A, title IX, Sec. 921(d)(4), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 110–181, div. A, title IX, 

Sec. 931(a)(4), (5), (c)(2), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, Sec. 

932(a)(3)–(5), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 1073(c)(10), Oct. 

28, 2009, 123 Stat. 2475.) 

[§ 202. Repealed. Pub. L. 105–107, title V, Sec. 503(c), Nov. 20, 

1997, 111 Stat. 2262] 

§ 203. Director of Missile Defense Agency 

If an officer of the armed forces on active duty is appointed to 

the position of Director of the Missile Defense Agency, the position 

shall be treated as having been designated by the President as a 

position of importance and responsibility for purposes of section 

601 of this title and shall carry the grade of lieutenant general or 

general or, in the case of an officer of the Navy, vice admiral or 

admiral. 

(Added Pub. L. 105–85, div. A, title II, Sec. 235(a), Nov. 18, 1997, 111 Stat. 1665; amended Pub. 

L. 107–314, div. A, title II, Sec. 225(b)(1)(A), (B)(i), Dec. 2, 2002, 116 Stat. 2486.) 
147 

CHAPTER 9—DEFENSE BUDGET MATTERS 

Sec. 

221. Future-years defense program: submission to Congress; consistency in budgeting. 

222. Future-years mission budget. 

223. Ballistic missile defense programs: program elements. 

223a. Ballistic missile defense programs: procurement. 

224. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation. 

226. Scoring of outlays. 

[227. Repealed.] 

228. Quarterly reports on allocation of funds within operation and maintenance 

budget subactivities. 

229. Programs for combating terrorism: display of budget information. 

[230. Repealed.] 

231. Long-range plan for construction of naval vessels. 

231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual 

plan and certification. 

232. United States Joint Forces Command: amounts for research, development, 

test, and evaluation to be derived only from Defense-wide amounts. 

233. Operation and maintenance budget presentation. 

234. POW/MIA activities: display of budget information. 

235. Procurement of contract services: specification of amounts requested in 

budget. 

§ 221. Future-years defense program: submission to Congress; consistency in budgeting 

(a) The Secretary of Defense shall submit to Congress each 

year, at or about the time that the President’s budget is submitted 

to Congress that year under section 1105(a) of title 31, a futureyears defense program (including associated annexes) reflecting the 

estimated expenditures and proposed appropriations included in 

that budget. Any such future-years defense program shall cover the 

fiscal year with respect to which the budget is submitted and at 

least the four succeeding fiscal years. 

(b)(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are 

consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. 

(2) Amounts referred to in paragraph (1) are the following: 

(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget 

submitted to Congress by the President under section 1105(a) 

of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a). 

(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, 

projects, and activities of the Department of Defense included 

pursuant to paragraph (5) of section 1105(a) of title 31 in the 
§ 222 CH. 9—DEFENSE BUDGET MATTERS 148 

budget submitted to Congress under that section for any fiscal 

year. 

(c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contingencies, subject to the requirements of subsection 

(b). 

(Added Pub. L. 101–189, div. A, title XVI, Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596, Sec. 

114a; amended Pub. L. 101–510, div. A, title XIV, Sec. 1402(a)(1)–(3)(A), Nov. 5, 1990, 104 Stat. 

1674; renumbered Sec. 221 and amended Pub. L. 102–484, div. A, title X, Sec. 1002(c), Oct. 23, 

1992, 106 Stat. 2480.) 

§ 222. Future-years mission budget 

(a) FUTURE-YEARS MISSION BUDGET.—The Secretary of Defense 

shall submit to Congress for each fiscal year a future-years mission 

budget for the military programs of the Department of Defense. 

That budget shall be submitted for any fiscal year with the futureyears defense program submitted under section 221 of this title. 

(b) CONSISTENCY WITH FUTURE-YEARS DEFENSE PROGRAM.— 

The future-years mission budget shall be consistent with the future-years defense program required under section 221 of this title. 

In the future-years mission budget, the military programs of the 

Department of Defense shall be organized on the basis of both 

major force programs and the core mission areas identified under 

the most recent quadrennial roles and missions review pursuant to 

section 118b of this title. 

(c) RELATIONSHIP TO OTHER DEFENSE BUDGET FORMATS.—The 

requirement in subsection (a) is in addition to the requirements in 

any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense 

in the budget submitted pursuant to section 1105 of title 31 for any 

fiscal year. 

(Added Pub. L. 102–484, div. A, title X, Sec. 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480; amended 

Pub. L. 103–337, div. A, title X, Sec. 1004, Oct. 5, 1994, 108 Stat. 2834; Pub. L. 110–181, div. 

A, title IX, Sec. 944(a), (b), Jan. 28, 2008, 122 Stat. 289, 290.) 

§ 223. Ballistic missile defense programs: program elements 

(a) PROGRAM ELEMENTS SPECIFIED BY PRESIDENT.—In the 

budget justification materials submitted to Congress in support of 

the Department of Defense budget for any fiscal year (as submitted 

with the budget of the President under section 1105(a) of title 31), 

the amount requested for activities of the Missile Defense Agency 

shall be set forth in accordance with such program elements as the 

President may specify. 

(b) SEPARATE PROGRAM ELEMENTS FOR PROGRAMS ENTERING

ENGINEERING AND MANUFACTURING DEVELOPMENT.—(1) The Secretary of Defense shall ensure that each ballistic missile defense 

program that enters engineering and manufacturing development 

is assigned a separate, dedicated program element. 

(2) In this subsection, the term ‘‘engineering and manufacturing development’’ means the period in the course of an acquisition program during which the primary objectives are to— 

(A) translate the most promising design approach into a 

stable, interoperable, producible, supportable, and cost-effective 

design; 

(B) validate the manufacturing or production process; and 
149 § 224 CH. 9—DEFENSE BUDGET MATTERS 

(C) demonstrate system capabilities through testing. 

(c) MANAGEMENT AND SUPPORT.—The amount requested for a 

fiscal year for any program element specified for that fiscal year 

pursuant to subsection (a) shall include requests for the amounts 

necessary for the management and support of the programs, 

projects, and activities contained in that program element. 

(Added Pub. L. 105–261, div. A, title II, Sec. 235(a)(1), Oct. 17, 1998, 112 Stat. 1953; amended 

Pub. L. 107–107, div. A, title II, Sec. 232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107– 

314, div. A, title II, Sec. 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L. 108–136, div. A, title 

II, Sec. 221(a), (b)(1), (c)(1), Nov. 24, 2003, 117 Stat. 1419.) 

§ 223a. Ballistic missile defense programs: procurement 

(a) BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the 

budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense 

system element for which the Missile Defense Agency is engaged 

in planning for production and initial fielding, the following information: 

(1) The production rate capabilities of the production facilities planned to be used for production of that element. 

(2) The potential date of availability of that element for 

initial fielding. 

(3) The estimated date on which the administration of the 

acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military 

department. 

(b) FUTURE-YEARS DEFENSE PROGRAM.—The Secretary of Defense shall include in the future-years defense program submitted 

to Congress each year under section 221 of this title an estimate 

of the amount necessary for procurement for each ballistic missile 

defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate. 

(c) PERFORMANCE CRITERIA.—The Director of the Missile Defense Agency shall include in the performance criteria prescribed 

for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of 

each such phase against foreign adversary capabilities. 

(d) TESTING PROGRESS.—The Director of Operational Test and 

Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense 

system and its elements with respect to the performance criteria 

described in subsection (c). 

(Added Pub. L. 108–136, div. A, title II, Sec. 223(a)(1), Nov. 24, 2003, 117 Stat. 1420.) 

§ 224. Ballistic missile defense programs: display of amounts 

for research, development, test, and evaluation 

(a) REQUIREMENT.—Any amount in the budget submitted to 

Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the integration of a 

ballistic missile defense element into the overall ballistic missile 

defense architecture shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, 
§ 226 CH. 9—DEFENSE BUDGET MATTERS 150 

and evaluation and, within that account, under the subaccount (or 

other budget activity level) for the Missile Defense Agency. 

(b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense 

Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following: 

(A) The technical maturity of the program. 

(B) The availability of facilities for production. 

(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, 

as shown by funding through the future-years defense program 

and other defense planning documents. 

(2) The Secretary shall submit the criteria established, and any 

modifications to those criteria, to the congressional defense committees. 

(c) NOTIFICATION OF TRANSFER.—Before responsibility for a 

ballistic missile defense program is transferred from the Director 

of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional 

defense committees notice in writing of the Secretary’s intent to 

make that transfer. The Secretary shall include with such notice a 

certification that the program has met the criteria established 

under subsection (b) for such a transfer. The transfer may then be 

carried out after the end of the 60-day period beginning on the date 

of such notice. 

(d) CONFORMING BUDGET AND PLANNING TRANSFERS.—When a 

ballistic missile defense program is transferred from the Missile 

Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure 

that all appropriate conforming changes are made to proposed or 

projected funding allocations in the future-years defense program 

under section 221 of this title and other Department of Defense 

program, budget, and planning documents. 

(e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUA- TION.—The Secretary of Defense shall ensure that, before a ballistic 

missile defense program is transferred from the Director of the 

Missile Defense Agency to the Secretary of a military department, 

roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly 

delineated. 

(Added Pub. L. 105–85, div. A, title II, Sec. 232(a)(1), Nov. 18, 1997, 111 Stat. 1662; amended 

Pub. L. 107–107, div. A, title II, Sec. 231(a), (b)(1), Dec. 28, 2001, 115 Stat. 1035, 1036; Pub. 

L. 107–314, div. A, title II, Secs. 222, 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2485, 2486; Pub. L. 

108–136, div. A, title II, Sec. 226, title X, Sec. 1043(b)(4), Nov. 24, 2003, 117 Stat. 1421, 1611.) 

§ 226. Scoring of outlays 

(a) ANNUAL OMB/CBO REPORT.—Not later than April 1 of each 

year, the Director of the Office of Management and Budget and the 

Director of the Congressional Budget Office shall submit to the 

Speaker of the House of Representatives and the Committees on 

Armed Services, Appropriations, and the Budget of the Senate a 

joint report containing an agreed resolution of all differences between— 
151 § 228 CH. 9—DEFENSE BUDGET MATTERS 

(1) the technical assumptions to be used by the Office of 

Management and Budget in preparing estimates with respect 

to all accounts in major functional category 050 (National Defense) for the budget to be submitted to Congress in that year 

pursuant to section 1105 of title 31; and 

(2) the technical assumptions to be used by the Congressional Budget Office in preparing estimates with respect to 

those accounts for that budget. 

(b) USE OF AVERAGES.—If the two Directors are unable to 

agree upon any technical assumption, the report shall reflect the 

average of the relevant outlay rates or assumptions used by the 

two offices. 

(c) MATTERS TO BE INCLUDED.—The report with respect to a 

budget shall identify the following: 

(1) The agreed first-year and outyear outlay rates for each 

account in budget function 050 (National Defense) for each fiscal year covered by the budget. 

(2) The agreed amount of outlays estimated to occur from 

unexpended appropriations made for fiscal years before the fiscal year that begins after submission of the report. 

(Added Pub. L. 102–190, div. A, title X, Sec. 1002(a)(1), Dec. 5, 1991, 105 Stat. 1455, Sec. 221; 

renumbered Sec. 226, Pub. L. 102–484, div. A, title X, Sec. 1002(a)(1), Oct. 23, 1992, 106 Stat. 

2480; amended Pub. L. 103–160, div. A, title XI, Sec. 1104, Nov. 30, 1993, 107 Stat. 1749; Pub. 

L. 108–136, div. A, title X, Sec. 1031(a)(5), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 109–364, div. 

A, title X, Sec. 1007, Oct. 17, 2006, 120 Stat. 2373.) 

[§ 227. Repealed. Pub. L. 104–106, div. A, title X, Sec. 

1061(f)(1), Feb. 10, 1996, 110 Stat. 443] 

§ 228. Quarterly reports on allocation of funds within operation and maintenance budget subactivities 

(a) QUARTERLY REPORT.—The Secretary of Defense shall submit to the congressional defense committees a quarterly report on 

the allocation of appropriations to O&M budget activities and to 

the subactivities of those budget activities. Each such report shall 

be submitted not later than 60 days after the end of the fiscal-year 

quarter to which the report pertains. 

(b) MATTERS TO BE INCLUDED.—Each such report shall set 

forth the following for each subactivity of the O&M budget activities: 

(1) The amount of budget authority appropriated for that 

subactivity in the most recent regular Department of Defense 

Appropriations Act. 

(2) The amount of budget authority actually made available for that subactivity, taking into consideration supplemental appropriations, rescissions, and other adjustments required by law or made pursuant to law. 

(3) The amount programmed to be expended from such 

subactivity. 

(c) IDENTIFICATION OF CERTAIN FLUCTUATIONS.—(1) If, in the 

report under this section for a quarter of a fiscal year after the first 

month of that fiscal year, an amount shown under subsection (b) 

for a subactivity is different by more than $15,000,000 from the 

corresponding amount for that subactivity in the report for the first 
§ 229 CH. 9—DEFENSE BUDGET MATTERS 152 

quarter of that fiscal year, the Secretary shall include in the report 

notice of that difference. 

(2) If, in the report under this section for a quarter of a fiscal 

year after a quarter for which the report under this section includes a notice under paragraph (1), an amount shown under subsection (b) for a subactivity is different by more than $15,000,000 

from the corresponding amount for that subactivity in the most recent report that includes a notice under paragraph (1) or this paragraph, the Secretary shall include in the report notice of that difference. 

(d) REPORT ON FLUCTUATIONS.—If a report under this section 

includes a notice under subsection (c), the Secretary shall include 

in the report with each such notice the following: 

(1) The reasons for the reallocations of funds resulting in 

the inclusion of that notice in the report. 

(2) Each budget subactivity involved in those reallocations. 

(3) The effect of those reallocations on the operation and 

maintenance activities funded through the subactivity with respect to which the notice is included in the report. 

(e) O&M BUDGET ACTIVITY DEFINED.—In this section, the term 

‘‘O&M budget activity’’ means a budget activity within an operation 

and maintenance appropriation of the Department of Defense for a 

fiscal year. 

(Added Pub. L. 105–85, div. A, title III, Sec. 321(a)(1), Nov. 18, 1997, 111 Stat. 1672; amended 

Pub. L. 107–314, div. A, title III, Sec. 361, Dec. 2, 2002, 116 Stat. 2519; Pub. L. 108–136, div. 

A, title X, Secs. 1031(a)(6)(A), (B)(i), 1043(b)(5), Nov. 24, 2003, 117 Stat. 1596, 1611.) 

§ 229. Programs for combating terrorism: display of budget 

information 

(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—The Secretary of Defense shall submit to Congress, as a 

part of the documentation that supports the President’s annual 

budget for the Department of Defense, a consolidated budget justification display, in classified and unclassified form, that includes 

all programs and activities of the Department of Defense combating 

terrorism program. 

(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 

under subsection (a) shall include— 

(1) the amount requested, by appropriation and functional 

area, for each of the program elements, projects, and initiatives 

that support the Department of Defense combating terrorism 

program, with supporting narrative descriptions and rationale 

for the funding levels requested; and 

(2) a summary, to the program element and project level 

of detail, of estimated expenditures for the current year, funds 

requested for the budget year, and budget estimates through 

the completion of the current future-years defense plan for the 

Department of Defense combating terrorism program. 

(c) EXPLANATION OF INCONSISTENCIES.—As part of the budget 

display under subsection (a) for any fiscal year, the Secretary shall 

identify and explain— 

(1) any inconsistencies between (A) the information submitted under subsection (b) for that fiscal year, and (B) the information provided to the Director of the Office of Management 
153 § 231 CH. 9—DEFENSE BUDGET MATTERS 

and Budget in support of the annual report of the President to 

Congress on funding for executive branch counterterrorism and 

antiterrorism programs and activities for that fiscal year in accordance with section 1051(b) of the National Defense Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and 

(2) any inconsistencies between (A) the execution, during 

the previous fiscal year and the current fiscal year, of programs and activities of the Department of Defense combating 

terrorism program, and (B) the funding and specification for 

such programs and activities for those fiscal years in the manner provided by Congress (both in statutes and in relevant legislative history). 

(d) SEMIANNUAL REPORTS ON OBLIGATIONS AND EXPENDITURES.—The Secretary shall submit to the congressional defense 

committees a semiannual report on the obligation and expenditure 

of funds for the Department of Defense combating terrorism program. Such reports shall be submitted not later than April 15 each 

year, with respect to the first half of a fiscal year, and not later 

than November 15 each year, with respect to the second half of a 

fiscal year. Each such report shall compare the amounts of those 

obligations and expenditures to the amounts authorized and appropriated for the Department of Defense combating terrorism program for that fiscal year, by budget activity, sub-budget activity, 

and program element or line item. The second report for a fiscal 

year shall show such information for the second half of the fiscal 

year and cumulatively for the whole fiscal year. The report shall 

be submitted in unclassified form, but may have a classified annex. 

(e) DEPARTMENT OF DEFENSE COMBATING TERRORISM PROGRAM.—In this section, the term ‘‘Department of Defense combating terrorism program’’ means the programs, projects, and activities of the Department of Defense related to combating terrorism inside and outside the United States. 

(Added Pub. L. 106–65, div. A, title IX, Sec. 932(b)(1), Oct. 5, 1999, 113 Stat. 727; amended Pub. 

L. 108–136, div. A, title X, Sec. 1043(b)(6), Nov. 24, 2003, 117 Stat. 1611.) 

[§ 230. Repealed. Pub. L. 107–314, div. A, title X, Sec. 

1041(a)(2)(A), Dec. 2, 2002, 116 Stat. 2645] 

§ 231. Long-range plan for construction of naval vessels 

(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION PLAN.—At the 

same time that the budget of the President is submitted under section 1105(a) of title 31 during each year in which the Secretary of 

Defense submits a quadrennial defense review, the Secretary of the 

Navy shall submit to the congressional defense committees a longrange plan for the construction of combatant and support vessels 

for the Navy that supports the force structure recommendations of 

the quadrennial defense review. 

(b) MATTERS INCLUDED.—The plan under subsection (a) shall 

include the following: 

(1) A detailed construction schedule of naval vessels for the 

10-year period beginning on the date on which the plan is submitted, including a certification by the Secretary that the 

budget for the fiscal year in which the plan is submitted and 

the budget for the future-years defense program submitted 
§ 231 CH. 9—DEFENSE BUDGET MATTERS 154 

under section 221 of this title are sufficient for funding such 

schedule. 

(2) A probable construction schedule for the 10-year period 

beginning on the date that is 10 years after the date on which 

the plan is submitted. 

(3) A notional construction schedule for the 10-year period 

beginning on the date that is 20 years after the date on which 

the plan is submitted. 

(4) The estimated levels of annual funding necessary to 

carry out the construction schedules under paragraphs (1), (2), 

and (3). 

(5) For the construction schedules under paragraphs (1) 

and (2)— 

(A) a determination by the Director of Cost Assessment and Program Evaluation of the level of funding necessary to execute such schedules; and 

(B) an evaluation by the Director of the potential risk 

associated with such schedules, including detailed effects 

on operational plans, missions, deployment schedules, and 

fulfillment of the requirements of the combatant commanders. 

(c) NAVAL COMPOSITION.—In submitting the plan under subsection (a), the Secretary shall ensure that such plan is in accordance with section 5062(b) of this title. 

(d) ASSESSMENT WHEN BUDGET IS INSUFFICIENT.—If the budget for a fiscal year provides for funding of the construction of naval 

vessels at a level that is less than the level determined necessary 

by the Director of Cost Assessment and Program Evaluation under 

subsection (b)(5), the Secretary of the Navy shall include with the 

defense budget materials for that fiscal year an assessment that 

describes and discusses the risks associated with the budget, including the risk associated with a reduced force structure that may 

result from funding naval vessel construction at such a level. 

(e) CBO EVALUATION.—Not later than 60 days after the date 

on which the congressional defense committees receive the plan 

under subsection (a), the Director of the Congressional Budget Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such 

plan with respect to the budget submitted during the year in which 

the plan is submitted and the future-years defense program submitted under section 221 of this title. 

(f) CHANGES TO THE CONSTRUCTION PLAN.—In any year in 

which a quadrennial defense review is not submitted and the budget of the President submitted under section 1105(a) of title 31 decreases the number of vessels requested in the future-years defense 

program submitted under section 221 of this title, the Secretary of 

the Navy shall submit to the congressional defense committees a 

report on such decrease including— 

(1) an addendum to the most recent quadrennial defense 

review that fully explains and justifies the decrease with respect to the national security strategy of the United States as 

set forth in the most recent national security strategy report 

of the President under section 108 of the National Security Act 

of 1947 (50 U.S.C. 404a); and 
155 § 231a CH. 9—DEFENSE BUDGET MATTERS 

(2) a description of the additional reviews and analyses 

considered by the Secretary after the previous quadrennial defense review was submitted that justify the decrease. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘budget’’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

(2) The term ‘‘defense budget materials’’, with respect to a 

fiscal year, means the materials submitted to Congress by the 

Secretary of Defense in support of the budget for that fiscal 

year. 

(3) The term ‘‘quadrennial defense review’’ means the review of the defense programs and policies of the United States 

that is carried out every four years under section 118 of this 

title. 

(Added Pub. L. 107–314, div. A, title X, Sec. 1022(a)(1), Dec. 2, 2002, 116 Stat. 2639; amended 

Pub. L. 111–383, div. A, title X, Sec. 1023(a), Jan. 7, 2011, 124 Stat. 4349.) 

§ 231a. Budgeting for procurement of aircraft for the Navy 

and Air Force: annual plan and certification 

(a) ANNUAL AIRCRAFT PROCUREMENT PLAN AND CERTIFI- CATION.—The Secretary of Defense shall include with the defense 

budget materials for each fiscal year— 

(1) a plan for the procurement of the aircraft specified in 

subsection (b) for the Department of the Navy and the Department of the Air Force developed in accordance with this section; and 

(2) a certification by the Secretary that both the budget for 

such fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 

221 of this title provide for funding of the procurement of aircraft at a level that is sufficient for the procurement of the aircraft provided for in the plan under paragraph (1) on the 

schedule provided in the plan. 

(b) COVERED AIRCRAFT.—The aircraft specified in this subsection are the aircraft as follows: 

(1) Fighter aircraft. 

(2) Attack aircraft. 

(3) Bomber aircraft. 

(4) Strategic lift aircraft. 

(5) Intratheater lift aircraft. 

(6) Intelligence, surveillance, and reconnaissance aircraft. 

(7) Tanker aircraft. 

(8) Any other major support aircraft designated by the Secretary of Defense for purposes of this section. 

(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1) The annual 

aircraft procurement plan developed for a fiscal year for purposes 

of subsection (a)(1) should be designed so that the aviation force 

provided for under the plan is capable of supporting the national 

security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the plan is submitted with the defense 

budget materials for that fiscal year, a national security strategy 
§ 231a CH. 9—DEFENSE BUDGET MATTERS 156 

report required under such section 108 has not been submitted to 

Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then the plan should be designed so that the aviation force provided for under the plan is capable of supporting the aviation force structure recommended in 

the report of the most recent Quadrennial Defense Review. 

(2) Each annual aircraft procurement plan shall include the 

following: 

(A) A detailed program for the procurement of the aircraft 

specified in subsection (b) for each of the Department of the 

Navy and the Department of the Air Force over the next 30 fiscal years. 

(B) A description of the necessary aviation force structure 

to meet the requirements of the national security strategy of 

the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1). 

(C) The estimated levels of annual funding necessary to 

carry out the program, together with a discussion of the procurement strategies on which such estimated levels of annual 

funding are based. 

(D) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department 

of the Navy and the Department of the Air Force meet the national security requirements of the United States. 

(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT BUDGET IS INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 

for a fiscal year provides for funding of the procurement of aircraft 

for either the Department of the Navy or the Department of the Air 

Force at a level that is not sufficient to sustain the aviation force 

structure specified in the aircraft procurement plan for such Department for that fiscal year under subsection (a), the Secretary 

shall include with the defense budget materials for that fiscal year 

an assessment that describes and discusses the risks associated 

with the reduced force structure of aircraft that will result from 

funding aircraft procurement at such level. Such assessment shall 

be coordinated in advance with the commanders of the combatant 

commands. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘budget’’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

(2) The term ‘‘defense budget materials’’, with respect to a 

fiscal year, means the materials submitted to Congress by the 

Secretary of Defense in support of the budget for that fiscal 

year. 

(3) The term ‘‘Quadrennial Defense Review’’ means the review of the defense programs and policies of the United States 

that is carried out every 4 years under section 118 of this title. 

(Added Pub. L. 110–417, [div. A], title I, Sec. 141(a), Oct. 14, 2008, 122 Stat. 4379.) 
157 § 234 CH. 9—DEFENSE BUDGET MATTERS 

§ 232. United States Joint Forces Command: amounts for research, development, test, and evaluation to be derived only from Defense-wide amounts 

(a) REQUIREMENT.—Amounts for research, development, test, 

and evaluation for the United States Joint Forces Command shall 

be derived only from amounts made available to the Department 

of Defense for Defense-wide research, development, test, and evaluation. 

(b) SEPARATE DISPLAY IN BUDGET.—Any amount in the budget 

submitted to Congress under section 1105 of title 31 for any fiscal 

year for research, development, test, and evaluation for the United 

States Joint Forces Command shall be set forth under the account 

of the Department of Defense for Defense-wide research, development, test, and evaluation. 

(Added Pub. L. 108–375, div. A, title II, Sec. 214(a), Oct. 28, 2004, 118 Stat. 1834.) 

§ 233. Operation and maintenance budget presentation 

(a) IDENTIFICATION OF BASELINE AMOUNTS IN O&M JUSTIFICATION DOCUMENTS.—In any case in which the amount requested in 

the President’s budget for a fiscal year for a Department of Defense 

operation and maintenance program, project, or activity is different 

from the amount appropriated for that program, project, or activity 

for the current year, the O&M justification documents supporting 

that budget shall identify that appropriated amount and the difference between that amount and the amount requested in the 

budget, stated as an amount and as a percentage. 

(b) NAVY FOR SHIP DEPOT MAINTENANCE AND FOR INTERMEDIATE SHIP MAINTENANCE.—In the O&M justification documents 

for the Navy for any fiscal year, amounts requested for ship depot 

maintenance and amounts requested for intermediate ship maintenance shall be identified and distinguished. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘O&M justification documents’’ means Department of Defense budget justification documents with respect to accounts for operation and maintenance submitted to 

the congressional defense committees in support of the Department of Defense component of the President’s budget for any 

fiscal year. 

(2) The term ‘‘President’s budget’’ means the budget of the 

President submitted to Congress under section 1105 of title 31 

for any fiscal year. 

(3) The term ‘‘current year’’ means the fiscal year during 

which the President’s budget is submitted in any year. 

(Added Pub. L. 108–375, div. A, title X, Sec. 1003(a)(1), Oct. 28, 2004, 118 Stat. 2035.) 

§ 234. POW/MIA activities: display of budget information 

(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—The Secretary of Defense shall submit to Congress, as a 

part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified 

form, that covers all programs and activities of Department of Defense POW/MIA accounting and recovery organizations. 
§ 235 CH. 9—DEFENSE BUDGET MATTERS 158 

(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 

under subsection (a) for a fiscal year shall include for each such organization the following: 

(1) A statement of what percentage of the requirements 

originally requested by the organization in the budget review 

process that the budget requests funds for. 

(2) A summary of actual or estimated expenditures by that 

organization for the fiscal year during which the budget is submitted and for the fiscal year preceding that year. 

(3) The amount in the budget for that organization. 

(4) A detailed explanation of the shortfalls, if any, in the 

funding of any requirement shown pursuant to paragraph (1), 

when compared to the amount shown pursuant to paragraph 

(3). 

(5) The budget estimate for that organization for the five 

fiscal years after the fiscal year for which the budget is submitted. 

(c) DEPARTMENT OF DEFENSE POW/MIA ACCOUNTING AND RE- COVERY ORGANIZATIONS.—In this section, the term ‘‘Department of 

Defense POW/MIA accounting and recovery organization’’ means 

any of the following (and any successor organization): 

(1) The Defense Prisoner of War/Missing Personnel Office 

(DPMO). 

(2) The Joint POW/MIA Accounting Command (JPAC). 

(3) The Armed Forces DNA Identification Laboratory 

(AFDIL). 

(4) The Life Sciences Equipment Laboratory (LSEL) of the 

Air Force. 

(5) Any other element of the Department of Defense the 

mission of which (as designated by the Secretary of Defense) 

involves the accounting for and recovery of members of the 

armed forces who are missing in action or prisoners of war or 

who are unaccounted for. 

(d) OTHER DEFINITIONS.—In this section: 

(1) The term ‘‘defense budget materials’’, with respect to a 

fiscal year, means the materials submitted to Congress by the 

Secretary of Defense in support of the budget for that fiscal 

year. 

(2) The term ‘‘budget’’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

(Added Pub. L. 109–364, div. A, title V, Sec. 563(a), Oct. 17, 2006, 120 Stat. 2221.) 

§ 235. Procurement of contract services: specification of 

amounts requested in budget 

(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to Congress 

in support of the Department of Defense budget for any fiscal year 

(as submitted with the budget of the President under section 

1105(a) of title 31), the Secretary of Defense shall include the information described in subsection (b) with respect to the procurement 

of contract services. 

(b) INFORMATION PROVIDED.—For each budget account, the materials submitted shall clearly and separately identify— 
159 § 235 CH. 9—DEFENSE BUDGET MATTERS 

(1) the amount requested for the procurement of contract 

services for each Department of Defense component, installation, or activity; and 

(2) the number of full-time contractor employees (or the 

equivalent of full-time in the case of part-time contractor employees) projected and justified for each Department of Defense 

component, installation, or activity based on the inventory of 

contracts for services required by subsection (c) of section 

2330a of this title and the review required by subsection (e) of 

such section. 

(c) CONTRACT SERVICES DEFINED.—In this section, the term 

‘‘contract services’’— 

(1) means services from contractors; but (2) excludes services relating to research and development and services relating 

to military construction. 

(Added Pub. L. 111–84, div. A, title VIII, Sec. 803(a)(1), Oct. 28, 2009, 123 Stat. 2401.) 
160 

CHAPTER 11—RESERVE COMPONENTS 

Sec. 

261. Reference to chapters 1003, 1005, and 1007. 

§ 261. Reference to chapters 1003, 1005, and 1007 

Provisions of law relating to the reserve components generally, 

including provisions relating to the organization and administration of the reserve components, are set forth in chapter 1003 (beginning with section 10101), chapter 1005 (beginning with section 

10141), and chapter 1007 (beginning with section 10201) of this 

title. 

(Added Pub. L. 103–337, div. A, title XVI, Sec. 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2980.) 
161 

CHAPTER 13—THE MILITIA 

Sec. 

311. Militia: composition and classes. 

312. Militia duty: exemptions. 

§ 311. Militia: composition and classes 

(a) The militia of the United States consists of all able-bodied 

males at least 17 years of age and, except as provided in section 

313 of title 32, under 45 years of age who are, or who have made 

a declaration of intention to become, citizens of the United States 

and of female citizens of the United States who are members of the 

National Guard. 

(b) The classes of the militia are— 

(1) the organized militia, which consists of the National 

Guard and the Naval Militia; and 

(2) the unorganized militia, which consists of the members 

of the militia who are not members of the National Guard or 

the Naval Militia. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85–861, Sec. 1(7), Sept. 2, 1958, 72 Stat. 1439; 

Pub. L. 103–160, div. A, title V, Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.) 

§ 312. Militia duty: exemptions 

(a) The following persons are exempt from militia duty: 

(1) The Vice President. 

(2) The judicial and executive officers of the United States, 

the several States, the Commonwealth of Puerto Rico, Guam, 

and the Virgin Islands. 

(3) Members of the armed forces, except members who are 

not on active duty. 

(4) Customhouse clerks. 

(5) Persons employed by the United States in the transmission of mail. 

(6) Workmen employed in armories, arsenals, and naval 

shipyards of the United States. 

(7) Pilots on navigable waters. 

(8) Mariners in the sea service of a citizen of, or a merchant in, the United States. 

(b) A person who claims exemption because of religious belief 

is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is 

not exempt from militia duty that the President determines to be 

noncombatant. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 100–456, div. A, title XII, Sec. 1234(a)(3), Sept. 

29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(7), Jan. 6, 2006, 119 Stat. 

3441.) 
162 

CHAPTER 15—INSURRECTION 

Sec. 

331. Federal aid for State governments. 

332. Use of militia and armed forces to enforce Federal authority. 

333. Interference with State and Federal law. 

334. Proclamation to disperse. 

335. Guam and Virgin Islands included as ‘‘State’’. 

[336. Repealed.] 

§ 331. Federal aid for State governments 

Whenever there is an insurrections in any State against its 

government, the President may, upon the request of its legislature 

or of its governor if the legislature cannot be convened, call into 

Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as 

he considers necessary to suppress the insurrection. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.) 

§ 332. Use of militia and armed forces to enforce Federal authority 

Whenever the President considers that unlawful obstructions, 

combinations, or assemblages, or rebellion against the authority of 

the United States, make it impracticable to enforce the laws of the 

United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any 

State, and use such of the armed forces, as he considers necessary 

to enforce those laws or to suppress the rebellion. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(2), Jan. 

6, 2006, 119 Stat. 3440.) 

§ 333. Interference with State and Federal law 

The President, by using the militia or the armed forces, or 

both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic 

violence, unlawful combination, or conspiracy, if it— 

(1) so hinders the execution of the laws of that State, and 

of the United States within the State, that any part or class 

of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the 

constituted authorities of that State are unable, fail, or refuse 

to protect that right, privilege, or immunity, or to give that 

protection; or 

(2) opposes or obstructs the execution of the laws of the 

United States or impedes the course of justice under those 

laws. 

In any situation covered by clause (1), the State shall be considered 

to have denied the equal protection of the laws secured by the Constitution. 
163 [§ 336 CH. 15—INSURRECTION 

(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 109–364, div. A, title X, Sec. 1076(a)(1), Oct. 

17, 2006, 120 Stat. 2404; Pub. L. 110–181, div. A, title X, Sec. 1068(a)(1), Jan. 28, 2008, 122 

Stat. 325.) 

§ 334. Proclamation to disperse 

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 16; Pub. L. 109–364, div. A, title X, Sec. 1076(a)(2), Oct. 

17, 2006, 120 Stat. 2405; Pub. L. 110–181, div. A, title X, Sec. 1068(a)(2), Jan. 28, 2008, 122 

Stat. 325.) 

§ 335. Guam and Virgin Islands included as ‘‘State’’ 

For purposes of this chapter, the term ‘‘State’’ includes Guam 

and the Virgin Islands. 

(Added Pub. L. 90–497, Sec. 11, Sept. 11, 1968, 82 Stat. 847; amended Pub. L. 96–513, title V, 

Sec. 511(11)(A), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(8), 

Jan. 6, 2006, 119 Stat. 3441.) 

[§ 336. Repealed. Pub. L. 96–513, title V, Sec. 511(11)(B), Dec. 

12, 1980, 94 Stat. 2921] 
164 

CHAPTER 17—ARMING OF AMERICAN VESSELS 

Sec. 

351. During war or threat to national security. 

§ 351. During war or threat to national security 

(a) The President, through any agency of the Department of 

Defense designated by him, may arm, have armed, or allow to be 

armed, any watercraft or aircraft that is capable of being used as 

a means of transportation on, over, or under water, and is documented, registered, or licensed under the laws of the United States. 

(b) This section applies during a war and at any other time 

when the President determines that the security of the United 

States is threatened by the application, or the imminent danger of 

application, of physical force by any foreign government or agency 

against the United States, its citizens, the property of its citizens, 

or their commercial interests. 

(c) Section 16 of the Act of March 4, 1909 (22 U.S.C. 463) does 

not apply to vessels armed under this section. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 16; Pub. L. 96–513, title V, Sec. 511(12), Dec. 12, 1980, 94 

Stat. 2921.) 
165 

CHAPTER 18—MILITARY SUPPORT FOR CIVILIAN LAW 

ENFORCEMENT AGENCIES 

Sec. 

371. Use of information collected during military operations. 

372. Use of military equipment and facilities. 

373. Training and advising civilian law enforcement officials. 

374. Maintenance and operation of equipment. 

375. Restriction on direct participation by military personnel. 

376. Support not to affect adversely military preparedness. 

377. Reimbursement. 

378. Nonpreemption of other law. 

379. Assignment of Coast Guard personnel to naval vessels for law enforcement 

purposes. 

380. Enhancement of cooperation with civilian law enforcement officials. 

381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, 

and emergency response activities. 

382. Emergency situations involving weapons of mass destruction. 

§ 371. Use of information collected during military operations 

(a) The Secretary of Defense may, in accordance with other applicable law, provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course 

of military training or operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials. 

(b) The needs of civilian law enforcement officials for information shall, to the maximum extent practicable, be taken into account in the planning and execution of military training or operations. 

(c) The Secretary of Defense shall ensure, to the extent consistent with national security, that intelligence information held by 

the Department of Defense and relevant to drug interdiction or 

other civilian law enforcement matters is provided promptly to appropriate civilian law enforcement officials. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1115; amended Pub. L. 100– 

456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043.) 

§ 372. Use of military equipment and facilities 

(a) IN GENERAL.—The Secretary of Defense may, in accordance 

with other applicable law, make available any equipment (including associated supplies or spare parts), base facility, or research facility of the Department of Defense to any Federal, State, or local 

civilian law enforcement official for law enforcement purposes. 

(b) EMERGENCIES INVOLVING CHEMICAL AND BIOLOGICAL

AGENTS.—(1) In addition to equipment and facilities described in 

subsection (a), the Secretary may provide an item referred to in 

paragraph (2) to a Federal, State, or local law enforcement or emergency response agency to prepare for or respond to an emergency 
§ 373 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 166 

involving chemical or biological agents if the Secretary determines 

that the item is not reasonably available from another source. The 

requirement for a determination that an item is not reasonably 

available from another source does not apply to assistance provided 

under section 382 of this title pursuant to a request of the Attorney 

General for the assistance. 

(2) An item referred to in paragraph (1) is any material or expertise of the Department of Defense appropriate for use in preparing for or responding to an emergency involving chemical or biological agents, including the following: 

(A) Training facilities. 

(B) Sensors. 

(C) Protective clothing. 

(D) Antidotes. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1115; amended Pub. L. 100– 

456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043; Pub. L. 104–106, div. A, title 

III, Sec. 378, Feb. 10, 1996, 110 Stat. 284; Pub. L. 104–201, div. A, title XIV, Sec. 1416(b), Sept. 

23, 1996, 110 Stat. 2723.) 

§ 373. Training and advising civilian law enforcement officials 

The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available— 

(1) to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment, 

including equipment made available under section 372 of this 

title; and 

(2) to provide such law enforcement officials with expert 

advice relevant to the purposes of this chapter. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1115; amended Pub. L. 99– 

145, title XIV, Sec. 1423(a), Nov. 8, 1985, 99 Stat. 752; Pub. L. 100–456, div. A, title XI, Sec. 

1104(a), Sept. 29, 1988, 102 Stat. 2043.) 

§ 374. Maintenance and operation of equipment 

(a) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available for 

the maintenance of equipment for Federal, State, and local civilian 

law enforcement officials, including equipment made available 

under section 372 of this title. 

(b)(1) Subject to paragraph (2) and in accordance with other 

applicable law, the Secretary of Defense may, upon request from 

the head of a Federal law enforcement agency, make Department 

of Defense personnel available to operate equipment (including 

equipment made available under section 372 of this title) with respect to— 

(A) a criminal violation of a provision of law specified in 

paragraph (4)(A); 

(B) assistance that such agency is authorized to furnish to 

a State, local, or foreign government which is involved in the 

enforcement of similar laws; 

(C) a foreign or domestic counter-terrorism operation; or 

(D) a rendition of a suspected terrorist from a foreign 

country to the United States to stand trial. 
167 § 374 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 

(2) Department of Defense personnel made available to a civilian law enforcement agency under this subsection may operate 

equipment for the following purposes: 

(A) Detection, monitoring, and communication of the movement of air and sea traffic. 

(B) Detection, monitoring, and communication of the movement of surface traffic outside of the geographic boundary of 

the United States and within the United States not to exceed 

25 miles of the boundary if the initial detection occurred outside of the boundary. 

(C) Aerial reconnaissance. 

(D) Interception of vessels or aircraft detected outside the 

land area of the United States for the purposes of communicating with such vessels and aircraft to direct such vessels 

and aircraft to go to a location designated by appropriate civilian officials. 

(E) Operation of equipment to facilitate communications in 

connection with law enforcement programs specified in paragraph (4)(A). 

(F) Subject to joint approval by the Secretary of Defense 

and the Attorney General (and the Secretary of State in the 

case of a law enforcement operation outside of the land area 

of the United States)— 

(i) the transportation of civilian law enforcement personnel along with any other civilian or military personnel 

who are supporting, or conducting, a joint operation with 

civilian law enforcement personnel; 

(ii) the operation of a base of operations for civilian 

law enforcement and supporting personnel; and 

(iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the 

requesting Federal law enforcement agency provides all security for such transportation and maintains custody over 

the suspect through the duration of the transportation). 

(3) Department of Defense personnel made available to operate 

equipment for the purpose stated in paragraph (2)(D) may continue 

to operate such equipment into the land area of the United States 

in cases involving the pursuit of vessels or aircraft where the detection began outside such land area. 

(4) In this subsection: 

(A) The term ‘‘Federal law enforcement agency’’ means a 

Federal agency with jurisdiction to enforce any of the following: 

(i) The Controlled Substances Act (21 U.S.C. 801 et 

seq.) or the Controlled Substances Import and Export Act 

(21 U.S.C. 951 et seq.). 

(ii) Any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328). 

(iii) A law relating to the arrival or departure of merchandise (as defined in section 401 of the Tariff Act of 

1930 (19 U.S.C. 1401) into or out of the customs territory 

of the United States (as defined in general note 2 of the 

Harmonized Tariff Schedule of the United States) or any 

other territory or possession of the United States. 
§ 375 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 168 

(iv) Chapter 705 of title 46. 

(v) Any law, foreign or domestic, prohibiting terrorist 

activities. 

(B) The term ‘‘land area of the United States’’ includes the 

land area of any territory, commonwealth, or possession of the 

United States. 

(c) The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available to 

any Federal, State, or local civilian law enforcement agency to operate equipment for purposes other than described in subsection 

(b)(2) only to the extent that such support does not involve direct 

participation by such personnel in a civilian law enforcement operation unless such direct participation is otherwise authorized by 

law. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1115; amended Pub. L. 98– 

525, title XIV, Sec. 1405(9), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–570, title III, Sec. 3056, 

Oct. 27, 1986, 100 Stat. 3207–77; Pub. L. 99–661, div. A, title XIII, Sec. 1373(c), Nov. 14, 1986, 

100 Stat. 4007; Pub. L. 100–418, title I, Sec. 1214(a)(1), Aug. 23, 1988, 102 Stat. 1155; Pub. 

L. 100–456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043; Pub. L. 101–189, div. 

A, title XII, Sec. 1210, 1216(b), (c), Nov. 29, 1989, 103 Stat. 1566, 1569; Pub. L. 102–484, div. 

A, title X, Sec. 1042, Oct. 23, 1992, 106 Stat. 2492; Pub. L. 105–277, div. B, title II, Sec. 201, 

Oct. 21, 1998, 112 Stat. 2681–567; Pub. L. 106–65, div. A, title X, Sec. 1066(a)(4), Oct. 5, 1999, 

113 Stat. 770; Pub. L. 109–304, Sec. 17(a)(1), Oct. 6, 2006, 120 Stat. 1706.) 

§ 375. Restriction on direct participation by military personnel 

The Secretary of Defense shall prescribe such regulations as 

may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any 

personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine 

Corps in a search, seizure, arrest, or other similar activity unless 

participation in such activity by such member is otherwise authorized by law. 

(Added Pub. L. 97–86, title IX Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; amended Pub. L. 100– 

456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 101–189, div. A, title 

XII, Sec. 1211, Nov. 29, 1989, 103 Stat. 1567.) 

§ 376. Support not to affect adversely military preparedness 

Support (including the provision of any equipment or facility or 

the assignment or detail of any personnel) may not be provided to 

any civilian law enforcement official under this chapter if the provision of such support will adversely affect the military preparedness 

of the United States. The Secretary of Defense shall prescribe such 

regulations as may be necessary to ensure that the provision of any 

such support does not adversely affect the military preparedness of 

the United States. 

(Added Pub. L. 97–86, title, IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; amended Pub. L. 

100–456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2045.) 

§ 377. Reimbursement 

(a) Subject to subsection (c), to the extent otherwise required 

by section 1535 of title 31 (popularly known as the ‘‘Economy Act’’) 

or other applicable law, the Secretary of Defense shall require a civilian law enforcement agency to which support is provided under 

this chapter to reimburse the Department of Defense for that support. 
169 § 379 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 

(b)(1) Subject to subsection (c), the Secretary of Defense shall 

require a Federal agency to which law enforcement support or support to a national special security event is provided by National 

Guard personnel performing duty under section 502(f) of title 32 to 

reimburse the Department of Defense for the costs of that support, 

notwithstanding any other provision of law. No other provision of 

this chapter shall apply to such support. 

(2) Any funds received by the Department of Defense under 

this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of 

the Secretary of Defense, to the following: 

(A) The appropriation, fund, or account used to fund the 

support. 

(B) The appropriation, fund, or account currently available 

for reimbursement purposes. 

(c) An agency to which support is provided under this chapter 

or section 502(f) of title 32 is not required to reimburse the Department of Defense for such support if the Secretary of Defense waives 

reimbursement. The Secretary may waive the reimbursement requirement under this subsection if such support— 

(1) is provided in the normal course of military training or 

operations; or 

(2) results in a benefit to the element of the Department 

of Defense or personnel of the National Guard providing the 

support that is substantially equivalent to that which would 

otherwise be obtained from military operations or training. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; amended Pub. L. 100– 

456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 110–181, div. A, title 

X, Sec. 1061, Jan. 28, 2008, 122 Stat. 319.) 

§ 378. Nonpreemption of other law 

Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or 

equipment for civilian law enforcement purposes beyond that provided by law before December 1, 1981. 

(Added Pub. L. 97–86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1116; amended Pub. L. 98– 

525, title XIV, Sec. 1405(10), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 100–456, div. A, title XI, Sec. 

1104(a), Sept. 29, 1988, 102 Stat. 2045.) 

§ 379. Assignment of Coast Guard personnel to naval vessels 

for law enforcement purposes 

(a) The Secretary of Defense and the Secretary of Homeland 

Security shall provide that there be assigned on board every appropriate surface naval vessel at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and 

have powers of the Coast Guard under title 14, including the power 

to make arrests and to carry out searches and seizures. 

(b) Members of the Coast Guard assigned to duty on board 

naval vessels under this section shall perform such law enforcement functions (including drug-interdiction functions)— 

(1) as may be agreed upon by the Secretary of Defense and 

the Secretary of Homeland Security; and 

(2) as are otherwise within the jurisdiction of the Coast 

Guard. 
§ 380 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 170 

(c) No fewer than 500 active duty personnel of the Coast Guard 

shall be assigned each fiscal year to duty under this section. However, if at any time the Secretary of Homeland Security, after consultation with the Secretary of Defense, determines that there are 

insufficient naval vessels available for purposes of this section, 

such personnel may be assigned other duty involving enforcement 

of laws listed in section 374(b)(4)(A) of this title. 

(d) In this section, the term ‘‘drug-interdiction area’’ means an 

area outside the land area of the United States (as defined in section 374(b)(4)(B) of this title) in which the Secretary of Defense (in 

consultation with the Attorney General) determines that activities 

involving smuggling of drugs into the United States are ongoing. 

(Added Pub. L. 99–570, title III, Sec. 3053(b)(1), Oct. 27, 1986, 100 Stat. 3207–75; amended Pub. 

L. 100–456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 107–296, title 

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 380. Enhancement of cooperation with civilian law enforcement officials 

(a) The Secretary of Defense, in cooperation with the Attorney 

General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the 

political subdivisions of each State) regarding information, training, technical support, and equipment and facilities available to civilian law enforcement personnel from the Department of Defense. 

(b) Each briefing conducted under subsection (a) shall include 

the following: 

(1) An explanation of the procedures for civilian law enforcement officials— 

(A) to obtain information, equipment, training, expert 

advice, and other personnel support under this chapter; 

and 

(B) to obtain surplus military equipment. 

(2) A description of the types of information, equipment 

and facilities, and training and advice available to civilian law 

enforcement officials from the Department of Defense. 

(3) A current, comprehensive list of military equipment 

which is suitable for law enforcement officials from the Department of Defense or available as surplus property from the Administrator of General Services. 

(c) The Attorney General and the Administrator of General 

Services shall— 

(1) establish or designate an appropriate office or offices to 

maintain the list described in subsection (b)(3) and to furnish 

information to civilian law enforcement officials on the availability of surplus military equipment; and 

(2) make available to civilian law enforcement personnel 

nationwide, tollfree telephone communication with such office 

or offices. 

(Added Pub. L. 100–180, div. A, title XII, Sec. 1243(a), Dec. 4, 1987, 101 Stat. 1163; amended 

Pub. L. 100–456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2046.) 
171 § 381 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 

§ 381. Procurement of equipment by State and local governments through the Department of Defense: equipment for counter-drug, homeland security, and 

emergency response activities 

(a) PROCEDURES.—(1) The Secretary of Defense shall establish 

procedures in accordance with this subsection under which States 

and units of local government may purchase equipment suitable for 

counter-drug, homeland security, and emergency response activities 

through the Department of Defense. The procedures shall require 

the following: 

(A) Each State desiring to participate in a procurement of 

equipment suitable for counter-drug, homeland security, or 

emergency response activities through the Department of Defense shall submit to the Department, in such form and manner and at such times as the Secretary prescribes, the following: 

(i) A request for equipment. 

(ii) Advance payment for such equipment, in an 

amount determined by the Secretary based on estimated 

or actual costs of the equipment and administrative costs 

incurred by the Department. 

(B) A State may include in a request submitted under subparagraph (A) only the type of equipment listed in the catalog 

produced under subsection (c). 

(C) A request for equipment shall consist of an enumeration of the equipment that is desired by the State and units 

of local government within the State. The Governor of a State 

may establish such procedures as the Governor considers appropriate for administering and coordinating requests for 

equipment from units of local government within the State. 

(D) A State requesting equipment shall be responsible for 

arranging and paying for shipment of the equipment to the 

State and localities within the State. 

(2) In establishing the procedures, the Secretary of Defense 

shall coordinate with the General Services Administration and 

other Federal agencies for purposes of avoiding duplication of effort. 

(b) REIMBURSEMENT OF ADMINISTRATIVE COSTS.—In the case of 

any purchase made by a State or unit of local government under 

the procedures established under subsection (a), the Secretary of 

Defense shall require the State or unit of local government to reimburse the Department of Defense for the administrative costs to the 

Department of such purchase. 

(c) GSA CATALOG.—The Administrator of General Services, in 

coordination with the Secretary of Defense, shall produce and 

maintain a catalog of equipment suitable for counter-drug, homeland security, and emergency response activities for purchase by 

States and units of local government under the procedures established by the Secretary under this section. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the 
§ 382 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 172 

Northern Mariana Islands, and any territory or possession of 

the United States. 

(2) The term ‘‘unit of local government’’ means any city, 

county, township, town, borough, parish, village, or other general purpose political subdivision of a State; an Indian tribe 

which performs law enforcement or emergency response functions as determined by the Secretary of the Interior; or any 

agency of the District of Columbia government or the United 

States Government performing law enforcement or emergency 

response functions in and for the District of Columbia or the 

Trust Territory of the Pacific Islands. 

(3) The term ‘‘equipment suitable for counter-drug, homeland security, and emergency response activities’’ has the 

meaning given such term in regulations prescribed by the Secretary of Defense. In prescribing the meaning of the term, the 

Secretary may not include any equipment that the Department 

of Defense does not procure for its own purposes and, in the 

case of equipment for homeland security activities, may not include any equipment that is not found on the Authorized 

Equipment List published by the Department of Homeland Security. 

(Added Pub. L. 103–160, div. A, title XI, Sec. 1122(a)(1), Nov. 30, 1993, 107 Stat. 1754; amended 

Pub. L. 110–417, [div. A], title VIII, Sec. 885(a), (b)(1), Oct. 14, 2008, 122 Stat. 4560, 4561.) 

§ 382. Emergency situations involving weapons of mass destruction 

(a) IN GENERAL.—The Secretary of Defense, upon the request 

of the Attorney General, may provide assistance in support of Department of Justice activities relating to the enforcement of section 

175, 229, or 2332a of title 18 during an emergency situation involving a biological or chemical weapon of mass destruction. Department of Defense resources, including personnel of the Department 

of Defense, may be used to provide such assistance if— 

(1) the Secretary of Defense and the Attorney General 

jointly determine that an emergency situation exists; and 

(2) the Secretary of Defense determines that the provision 

of such assistance will not adversely affect the military preparedness of the United States. 

(b) EMERGENCY SITUATIONS COVERED.—In this section, the 

term ‘‘emergency situation involving a biological or chemical weapon of mass destruction’’ means a circumstance involving a biological 

or chemical weapon of mass destruction— 

(1) that poses a serious threat to the interests of the 

United States; and 

(2) in which— 

(A) civilian expertise and capabilities are not readily 

available to provide the required assistance to counter the 

threat immediately posed by the weapon involved; 

(B) special capabilities and expertise of the Department of Defense are necessary and critical to counter the 

threat posed by the weapon involved; and 

(C) enforcement of section 175, 229, or 2332a of title 

18 would be seriously impaired if the Department of Defense assistance were not provided. 
173 § 382 CH. 18—MIL. SUPPORT FOR CIVIL. LAW ENFOR. AGENCIES 

(c) FORMS OF ASSISTANCE.—The assistance referred to in subsection (a) includes the operation of equipment (including equipment made available under section 372 of this title) to monitor, 

contain, disable, or dispose of the weapon involved or elements of 

the weapon. 

(d) REGULATIONS.—(1) The Secretary of Defense and the Attorney General shall jointly prescribe regulations concerning the types 

of assistance that may be provided under this section. Such regulations shall also describe the actions that Department of Defense 

personnel may take in circumstances incident to the provision of 

assistance under this section. 

(2)(A) Except as provided in subparagraph (B), the regulations 

may not authorize the following actions: 

(i) Arrest. 

(ii) Any direct participation in conducting a search for or 

seizure of evidence related to a violation of section 175, 229, or 

2332a of title 18. 

(iii) Any direct participation in the collection of intelligence 

for law enforcement purposes. 

(B) The regulations may authorize an action described in subparagraph (A) to be taken under the following conditions: 

(i) The action is considered necessary for the immediate 

protection of human life, and civilian law enforcement officials 

are not capable of taking the action. 

(ii) The action is otherwise authorized under subsection (c) 

or under otherwise applicable law. 

(e) REIMBURSEMENTS.—The Secretary of Defense shall require 

reimbursement as a condition for providing assistance under this 

section to the extent required under section 377 of this title. 

(f) DELEGATIONS OF AUTHORITY.—(1) Except to the extent otherwise provided by the Secretary of Defense, the Deputy Secretary 

of Defense may exercise the authority of the Secretary of Defense 

under this section. The Secretary of Defense may delegate the Secretary’s authority under this section only to an Under Secretary of 

Defense or an Assistant Secretary of Defense and only if the Under 

Secretary or Assistant Secretary to whom delegated has been designated by the Secretary to act for, and to exercise the general powers of, the Secretary. 

(2) Except to the extent otherwise provided by the Attorney 

General, the Deputy Attorney General may exercise the authority 

of the Attorney General under this section. The Attorney General 

may delegate that authority only to the Associate Attorney General 

or an Assistant Attorney General and only if the Associate Attorney General or Assistant Attorney General to whom delegated has 

been designated by the Attorney General to act for, and to exercise 

the general powers of, the Attorney General. 

(g) RELATIONSHIP TO OTHER AUTHORITY.—Nothing in this section shall be construed to restrict any executive branch authority 

regarding use of members of the armed forces or equipment of the 

Department of Defense that was in effect before September 23, 

1996. 

(Added Pub. L. 104–201, div. A, title XIV, Sec. 1416(a)(1), Sept. 23, 1996, 110 Stat. 2721; amended Pub. L. 105–85, div. A, title X, Sec. 1073(a)(6), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 111– 

383, div. A, title X, Sec. 1075(b)(10)(A), (B), Jan. 7, 2011, 124 Stat. 4369.) 
174 

CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE 

Sec. 

401. Humanitarian and civic assistance provided in conjunction with military operations. 

402. Transportation of humanitarian relief supplies to foreign countries. 

[403. Repealed.] 

404. Foreign disaster assistance. 

405. Use of Department of Defense funds for United States share of costs of 

United Nations peacekeeping activities: limitation. 

[406. Renumbered.] 

407. Humanitarian demining assistance: authority; limitations. 

408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States Government personnel. 

409. Center for Complex Operations. 

[410. Repealed.] 

§ 401. Humanitarian and civic assistance provided in conjunction with military operations 

(a)(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may carry out humanitarian and civic assistance activities in conjunction with authorized military operations of the armed forces in a country if the 

Secretary concerned determines that the activities will promote— 

(A) the security interests of both the United States and the 

country in which the activities are to be carried out; and 

(B) the specific operational readiness skills of the members 

of the armed forces who participate in the activities. 

(2) Humanitarian and civic assistance activities carried out 

under this section shall complement, and may not duplicate, any 

other form of social or economic assistance which may be provided 

to the country concerned by any other department or agency of the 

United States. Such activities shall serve the basic economic and 

social needs of the people of the country concerned. 

(3) Humanitarian and civic assistance may not be provided 

under this section (directly or indirectly) to any individual, group, 

or organization engaged in military or paramilitary activity. 

(b) Humanitarian and civic assistance may not be provided 

under this section to any foreign country unless the Secretary of 

State specifically approves the provision of such assistance. 

(c)(1) Expenses incurred as a direct result of providing humanitarian and civic assistance under this section to a foreign country 

shall be paid for out of funds specifically appropriated for such purpose. 

[(2)–(3) Repealed. Pub. L. 109–364, div. A, title XII, Sec. 

1203(a)(3), Oct. 17, 2006, 120 Stat. 2413] 

(4) Nothing in this section may be interpreted to preclude the 

incurring of minimal expenditures by the Department of Defense 

for purposes of humanitarian and civic assistance out of funds 

other than funds appropriated pursuant to paragraph (1), except 

that funds appropriated to the Department of Defense for operation 
175 § 402 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 

and maintenance (other than funds appropriated pursuant to such 

paragraph) may be obligated for humanitarian and civic assistance 

under this section only for incidental costs of carrying out such assistance. 

(d) The Secretary of Defense shall submit to the Committee on 

Armed Services and the Committee on Foreign Relations of the 

Senate and the Committee on Armed Services and the Committee 

on International Relations of the House of Representatives a report, not later than March 1 of each year, on activities carried out 

under this section during the preceding fiscal year. The Secretary 

shall include in each such report— 

(1) a list of the countries in which humanitarian and civic 

assistance activities were carried out during the preceding fiscal year; 

(2) the type and description of such activities carried out 

in each country during the preceding fiscal year; and 

(3) the amount expended in carrying out each such activity 

in each such country during the preceding fiscal year. 

(e) In this section, the term ‘‘humanitarian and civic assistance’’ means any of the following: 

(1) Medical, surgical, dental, and veterinary care provided 

in areas of a country that are rural or are underserved by medical, surgical, dental, and veterinary professionals, respectively, 

including education, training, and technical assistance related 

to the care provided. 

(2) Construction of rudimentary surface transportation systems. 

(3) Well drilling and construction of basic sanitation facilities. 

(4) Rudimentary construction and repair of public facilities. 

(Added Pub. L. 99–661, div. A, title III, Sec. 333(a)(1), Nov. 14, 1986, 100 Stat. 3857; amended 

Pub. L. 100–180, div. A, title III, Sec. 332(b)(1)–(5), Dec. 4, 1987, 101 Stat. 1080; Pub. L. 100– 

456, div. A, title XII, Sec. 1233(g)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 103–160, div. A, 

title XI, Sec. 1182(a)(1), title XV, Sec. 1504(b), Nov. 30, 1993, 107 Stat. 1771, 1839; Pub. L. 104– 

106, div. A, title XIII, Sec. 1313(a), (b), title XV, Sec. 1502(a)(8), Feb. 10, 1996, 110 Stat. 474, 

475, 503; Pub. L. 104–201, div. A, title X, Sec. 1074(a)(2), title XIII, Sec. 1304, Sept. 23, 1996, 

110 Stat. 2658, 2704; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; 

Pub. L. 106–398, Sec. 1[[div. A], title XII, Sec. 1235], Oct. 30, 2000, 114 Stat. 1654, 1654A–331; 

Pub. L. 108–375, div. A, title XII, Sec. 1221, Oct. 28, 2004, 118 Stat. 2089; Pub. L. 109–163, 

div. A, title XII, Sec. 1201, Jan. 6, 2006, 119 Stat. 3455; Pub. L. 109–364, div. A, title XII, Sec. 

1203(a), Oct. 17, 2006, 120 Stat. 2413.) 

§ 402. Transportation of humanitarian relief supplies to foreign countries 

(a) Notwithstanding any other provision of law, and subject to 

subsection (b), the Secretary of Defense may transport to any country, without charge, supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. Such supplies may be transported only on a space available basis. 

(b)(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that— 

(A) the transportation of such supplies is consistent with 

the foreign policy of the United States; 

(B) the supplies to be transported are suitable for humanitarian purposes and are in usable condition; 
[§ 403 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 176 

(C) there is a legitimate humanitarian need for such supplies by the people or entity for whom they are intended; 

(D) the supplies will in fact be used for humanitarian purposes; and 

(E) adequate arrangements have been made for the distribution or use of such supplies in the destination country. 

(2) The President shall establish procedures for making the determinations required under paragraph (1). Such procedures shall 

include inspection of supplies before acceptance for transport. 

(3) It shall be the responsibility of the entity requesting the 

transport of supplies under this section to ensure that the supplies 

are suitable for transport. 

(c)(1) Supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, an international organization, or a private nonprofit relief 

organization. 

(2) Supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization 

engaged in a military or paramilitary activity. 

(d)(1) The Secretary of Defense may use the authority provided 

by subsection (a) to transport supplies intended for use to respond 

to, or mitigate the effects of, an event or condition, such as an oil 

spill, that threatens serious harm to the environment, but only if 

other sources to provide such transportation are not readily available. 

(2) Notwithstanding subsection (a), the Secretary of Defense 

may require reimbursement for costs incurred by the Department 

of Defense to transport supplies under this subsection. 

(e) Not later than July 31 each year, the Secretary of State 

shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on 

Armed Services and the Committee on International Relations of 

the House of Representatives a report identifying the origin, contents, destination, and disposition of all supplies transported under 

this section during the 12-month period ending on the preceding 

June 30. 

(Added Pub. L. 100–180, div. A, title III, Sec. 332(a), Dec. 4, 1987, 101 Stat. 1079; amended 

Pub. L. 101–510, div. A, title XIII, Sec. 1311(2), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–106, 

div. A, title XV, Sec. 1502(a)(8), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, 

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title III, Sec. 312(a), (b), Nov. 

24, 2003, 117 Stat. 1429.) 

[§ 403. Repealed. Pub. L. 104–106, div. A, title X, Sec. 

1061(g)(1), Feb. 10, 1996, 110 Stat. 443] 

§ 404. Foreign disaster assistance 

(a) IN GENERAL.—The President may direct the Secretary of 

Defense to provide disaster assistance outside the United States to 

respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment. 

(b) FORMS OF ASSISTANCE.—Assistance provided under this section may include transportation, supplies, services, and equipment. 

(c) NOTIFICATION REQUIRED.—Not later than 48 hours after the 

commencement of disaster assistance activities to provide assistance under this section, the President shall transmit to Congress 
177 § 407 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 

a report containing notification of the assistance provided, and proposed to be provided, under this section and a description of so 

much of the following as is then available: 

(1) The manmade or natural disaster for which disaster assistance is necessary. 

(2) The threat to human lives or the environment presented by the disaster. 

(3) The United States military personnel and material resources that are involved or expected to be involved. 

(4) The disaster assistance that is being provided or is expected to be provided by other nations or public or private relief organizations. 

(5) The anticipated duration of the disaster assistance activities. 

(d) ORGANIZING POLICIES AND PROGRAMS.—Amounts appropriated to the Department of Defense for any fiscal year for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs 

of the Department shall be available for organizing general policies 

and programs for disaster relief programs for disasters occurring 

outside the United States. 

(e) LIMITATION ON TRANSPORTATION ASSISTANCE.—Transportation services authorized under subsection (b) may be provided in 

response to a manmade or natural disaster to prevent serious harm 

to the environment, when human lives are not at risk, only if other 

sources to provide such transportation are not readily available. 

(Added Pub. L. 103–337, div. A, title XIV, Sec. 1412(a), Oct. 5, 1994, 108 Stat. 2912; amended 

Pub. L. 108–136, div. A, title III, Sec. 312(c), Nov. 24, 2003, 117 Stat. 1430.) 

§ 405. Use of Department of Defense funds for United States 

share of costs of United Nations peacekeeping activities: limitation 

(a) PROHIBITION ON USE OF FUNDS.—Funds available to the 

Department of Defense may not be used to make a financial contribution (directly or through another department or agency of the 

United States) to the United Nations— 

(1) for the costs of a United Nations peacekeeping activity; 

or 

(2) for any United States arrearage to the United Nations. 

(b) APPLICATION OF PROHIBITION.—The prohibition in subsection (a) applies to voluntary contributions, as well as to contributions pursuant to assessment by the United Nations for the 

United States share of the costs of a peacekeeping activity. 

(Added Pub. L. 104–106, div. A, title XIII, Sec. 1301(a), Feb. 10, 1996, 110 Stat. 473.) 

[§ 406. Renumbered 401(f)] 

§ 407. Humanitarian demining assistance: authority; limitations 

(a) AUTHORITY.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may 

carry out humanitarian demining assistance in a country if the 

Secretary concerned determines that the assistance will promote either— 
§ 407 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 178 

(A) the security interests of both the United States and the 

country in which the activities are to be carried out; or 

(B) the specific operational readiness skills of the members 

of the armed forces who participate in the activities. 

(2) Humanitarian demining assistance under this section shall 

complement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned 

by any other department or agency of the United States. 

(3) The Secretary of Defense shall ensure that no member of 

the armed forces, while providing humanitarian demining assistance under this section— 

(A) engages in the physical detection, lifting, or destroying 

of landmines or other explosive remnants of war (unless the 

member does so for the concurrent purpose of supporting a 

United States military operation); or 

(B) provides such assistance as part of a military operation 

that does not involve the armed forces. 

(b) LIMITATIONS.—(1) Humanitarian demining assistance may 

not be provided under this section unless the Secretary of State 

specifically approves the provision of such assistance. 

(2) Any authority provided under any other provision of law to 

provide humanitarian demining assistance to a foreign country 

shall be carried out in accordance with, and subject to, the limitations prescribed in this section. 

(c) EXPENSES.—(1) Expenses incurred as a direct result of providing humanitarian demining assistance under this section to a 

foreign country shall be paid for out of funds specifically appropriated for the purpose of the provision by the Department of Defense of overseas humanitarian assistance. 

(2) Expenses covered by paragraph (1) include the following: 

(A) Travel, transportation, and subsistence expenses of Department of Defense personnel providing such assistance. 

(B) The cost of any equipment, services, or supplies acquired for the purpose of carrying out or supporting humanitarian demining activities, including any nonlethal, individual, 

or small-team equipment or supplies for clearing landmines or 

other explosive remnants of war that are to be transferred or 

otherwise furnished to a foreign country in furtherance of the 

provision of assistance under this section. 

(3) The cost of equipment, services, and supplies provided in 

any fiscal year under this section may not exceed $10,000,000. 

(d) ANNUAL REPORT.—The Secretary of Defense shall include 

in the annual report under section 401 of this title a separate discussion of activities carried out under this section during the preceding fiscal year, including— 

(1) a list of the countries in which humanitarian demining 

assistance was carried out during the preceding fiscal year; 

(2) the type and description of humanitarian demining assistance carried out in each country during the preceding fiscal 

year, as specified in paragraph (1); 

(3) a list of countries in which humanitarian demining assistance could not be carried out during the preceding fiscal 

year due to insufficient numbers of Department of Defense personnel to carry out such activities; and 
179 § 409 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 

(4) the amount expended in carrying out such assistance 

in each such country during the preceding fiscal year. 

(e) HUMANITARIAN DEMINING ASSISTANCE DEFINED.—In this 

section, the term ‘‘humanitarian demining assistance’’, as it relates 

to training and support, means detection and clearance of landmines and other explosive remnants of war, including activities related to the furnishing of education, training, and technical assistance with respect to the detection and clearance of landmines and 

other explosive remnants of war. 

(Added Pub. L. 109–364, div. A, title XII, Sec. 1203(b)(1), Oct. 17, 2006, 120 Stat. 2413.) 

§ 408. Equipment and training of foreign personnel to assist 

in Department of Defense accounting for missing 

United States Government personnel 

(a) IN GENERAL.—The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense 

with recovery of and accounting for missing United States Government personnel. 

(b) TYPES OF ASSISTANCE.—The assistance provided under subsection (a) may include the following: 

(1) Equipment. 

(2) Supplies. 

(3) Services. 

(4) Training of personnel. 

(c) APPROVAL BY SECRETARY OF STATE.—Assistance may not be 

provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance. 

(d) LIMITATION.—The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000. 

(e) CONSTRUCTION WITH OTHER ASSISTANCE.—The authority to 

provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law. 

(f) ANNUAL REPORTS.—(1) Not later than December 31 each 

year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this 

section during the fiscal year ending in such year. 

(2) Each report under paragraph (1) shall include, for the fiscal 

year covered by such report, the following: 

(A) A listing of each foreign nation provided assistance 

under this section. 

(B) For each nation so provided assistance, a description of 

the type and amount of such assistance. 

(Added Pub. L. 110–181, div. A, title XII, Sec. 1207(a), Jan. 28, 2008, 122 Stat. 367.) 

§ 409. Center for Complex Operations 

(a) CENTER AUTHORIZED.—The Secretary of Defense may establish a center to be known as the ‘‘Center for Complex Operations’’ 

(in this section referred to as the ‘‘Center’’). 

(b) PURPOSES.—The purposes of the Center established under 

subsection (a) shall be the following: 

(1) To provide for effective coordination in the preparation 

of Department of Defense personnel and other United States 

Government personnel for complex operations. 
§ 409 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 180 

(2) To foster unity of effort during complex operations 

among— 

(A) the departments and agencies of the United States 

Government; 

(B) foreign governments and militaries; 

(C) international organizations and international nongovernmental organizations; and 

(D) domestic nongovernmental organizations. 

(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to 

complex operations. 

(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United 

States Government personnel, relating to complex operations, 

and to facilitate efforts to fill such gaps. 

(c) CONCURRENCE OF THE SECRETARY OF STATE.—The Secretary of Defense shall seek the concurrence of the Secretary of 

State to the extent the efforts and activities of the Center involve 

the entities referred to in subparagraphs (B) and (C) of subsection 

(b)(2). 

(d) SUPPORT FROM OTHER UNITED STATES GOVERNMENT DEPARTMENTS OR AGENCIES.—The head of any non-Department of Defense department or agency of the United States Government 

may— 

(1) provide to the Secretary of Defense services, including 

personnel support, to support the operations of the Center; and 

(2) transfer funds to the Secretary of Defense to support 

the operations of the Center. 

(e) ACCEPTANCE OF GIFTS AND DONATIONS.—(1) Subject to 

paragraph (3), the Secretary of Defense may accept from any 

source specified in paragraph (2) any gift or donation for purposes 

of defraying the costs or enhancing the operations of the Center. 

(2) The sources specified in this paragraph are the following: 

(A) The government of a State or a political subdivision of 

a State. 

(B) The government of a foreign country. 

(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or 

operates under the laws of a foreign country. 

(D) Any source in the private sector of the United States 

or a foreign country. 

(3) The Secretary may not accept a gift or donation under this 

subsection if acceptance of the gift or donation would compromise 

or appear to compromise— 

(A) the ability of the Department of Defense, any employee 

of the Department, or any member of the armed forces to carry 

out the responsibility or duty of the Department in a fair and 

objective manner; or 

(B) the integrity of any program of the Department or of 

any person involved in such a program. 

(4) The Secretary shall provide written guidance setting forth 

the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection. 
181 [§ 410 CH. 20—HUMANITARIAN & OTHER ASSISTANCE 

(f) CREDITING OF FUNDS TRANSFERRED OR ACCEPTED.—Funds 

transferred to or accepted by the Secretary of Defense under this 

section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same 

purposes, and subject to the same conditions and limitations, as 

the appropriations with which merged. Any funds so transferred or 

accepted shall remain available until expended. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘complex operation’’ means an operation as 

follows: 

(A) A stability operation. 

(B) A security operation. 

(C) A transition and reconstruction operation. 

(D) A counterinsurgency operation. 

(E) An operation consisting of irregular warfare. 

(2) The term ‘‘gift or donation’’ means any gift or donation 

of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services). 

(Added Pub. L. 110–417, [div. A], title X, Sec. 1031(a), Oct. 14, 2008, 122 Stat. 4589.) 

[§ 410. Repealed. Pub. L. 104–106, div. A, title V, Sec. 

571(a)(1), Feb. 10, 1996, 110 Stat. 353] 
182 

CHAPTER 21—DEPARTMENT OF DEFENSE 

INTELLIGENCE MATTERS 

Subchapter Sec. 

I. General Matters ......................................................................................... 421 

II. Intelligence Commercial Activities ........................................................... 431 

SUBCHAPTER I—GENERAL MATTERS 

Sec. 

421. Funds for foreign cryptologic support. 

422. Use of funds for certain incidental purposes. 

423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency. 

424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies. 

425. Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies. 

426. Integration of Defense intelligence, surveillance, and reconnaissance capabilities. 

427. Intelligence oversight activities of Department of Defense: annual reports. 

428. Defense industrial security. 

§ 421. Funds for foreign cryptologic support 

(a) The Secretary of Defense may use appropriated funds available to the Department of Defense for intelligence and communications purposes to pay for the expenses of arrangements with foreign countries for cryptologic support. 

(b) The Secretary of Defense may use funds other than appropriated funds to pay for the expenses of arrangements with foreign 

countries for cryptologic support without regard for the provisions 

of law relating to the expenditure of United States Government 

funds, except that— 

(1) no such funds may be expended, in whole or in part, 

by or for the benefit of the Department of Defense for a purpose for which Congress had previously denied funds; and 

(2) proceeds from the sale of cryptologic items may be used 

only to purchase replacement items similar to the items that 

are sold; and 

(3) the authority provided by this subsection may not be 

used to acquire items or services for the principal benefit of the 

United States. 

(c) Any funds expended under the authority of subsection (a) 

shall be reported to the Select Committee on Intelligence of the 

Senate and the Permanent Select Committee on Intelligence of the 

House of Representatives pursuant to the provisions of title V of 

the National Security Act of 1947 (50 U.S.C. 413 et seq.). Funds 

expended under the authority of subsection (b) shall be reported 

pursuant to procedures jointly agreed upon by such committees and 

the Secretary of Defense. 

(Added Pub. L. 96–450, title IV, Sec. 401(a), Oct. 14, 1980, 94 Stat. 1977, Sec. 140a; amended 

Pub. L. 97–258, Sec. 3(b)(2), Sept. 13, 1982, 96 Stat. 1063; renumbered Sec. 128 and amended 
183 § 424 CH. 21—DOD INTELLIGENCE MATTERS 

Pub. L. 99–433, title I, Sec. 101(a)(3), 110(d)(5), Oct. 1, 1986, 100 Stat. 994, 1002; renumbered 

Sec. 421, Pub. L. 100–26, Sec. 9(a)(2), Apr. 21, 1987, 101 Stat. 287; Pub. L. 100–453, title VII, 

Sec. 701(a), Sept. 29, 1988, 102 Stat. 1911; Pub. L. 101–189, div. A, title XVI, Sec. 1622(c)(3), 

Nov. 29, 1989, 103 Stat. 1604.) 

§ 422. Use of funds for certain incidental purposes 

(a) COUNTERINTELLIGENCE OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.—The Secretary of Defense may use funds 

available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United 

States under the auspices of the Department of Defense for consultation on counterintelligence matters. 

(b) PROMOTIONAL ITEMS FOR RECRUITMENT PURPOSES.—The 

Secretary of Defense may use funds available for an intelligence 

element of the Department of Defense to purchase promotional 

items of nominal value for use in the recruitment of individuals for 

employment by that element. 

(Added Pub. L. 99–569, title IV, Sec. 401(c), Oct. 27, 1986, 100 Stat. 3195, Sec. 140a; renumbered Sec. 422, Pub. L. 100–26, Sec. 9(a)(3), Apr. 21, 1987, 101 Stat. 287; Pub. L. 107–108, title 

V, Sec. 501(a)–(b)(2), Dec. 28, 2001, 115 Stat. 1404.) 

§ 423. Authority to use proceeds from counterintelligence 

operations of the military departments or the Defense Intelligence Agency 

(a) The Secretary of Defense may authorize, without regard to 

the provisions of section 3302 of title 31, use of proceeds from counterintelligence operations conducted by components of the military 

departments or the Defense Intelligence Agency to offset necessary 

and reasonable expenses, not otherwise prohibited by law, incurred 

in such operations, and to make exceptional performance awards to 

personnel involved in such operations, if use of appropriated funds 

to meet such expenses or to make such awards would not be practicable. 

(b) As soon as the net proceeds from such counterintelligence 

operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts. 

(c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of 

proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency, including effective internal systems of accounting and administrative controls. 

(Added Pub. L. 99–569, title IV, Sec. 403(a), Oct. 27, 1986, 100 Stat. 3196, Sec. 140b; renumbered Sec. 423 and amended Pub. L. 100–26, Sec. 9(a)(3), (b)(3), Apr. 21, 1987, 101 Stat. 287; 

Pub. L. 111–84, div. A, title IX, Sec. 921(a), (b)(1), Oct. 28, 2009, 123 Stat. 2432.) 

§ 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies 

(a) EXEMPTION FROM DISCLOSURE.—Except as required by the 

President or as provided in subsection (c), no provision of law shall 

be construed to require the disclosure of— 

(1) the organization or any function of an organization of 

the Department of Defense named in subsection (b); or 
§ 425 CH. 21—DOD INTELLIGENCE MATTERS 184 

(2) the number of persons employed by or assigned or detailed to any such organization or the name, official title, occupational series, grade, or salary of any such person. 

(b) COVERED ORGANIZATIONS.—This section applies to the following organizations of the Department of Defense: 

(1) The Defense Intelligence Agency. 

(2) The National Reconnaissance Office. 

(3) The National Geospatial-Intelligence Agency. 

(c) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a) 

does not apply with respect to the provision of information to Congress. 

(Added Pub. L. 104–201, title XI, Sec. 1112(d), Sept. 23, 1996, 101 Stat. 2683; amended Pub. 

L. 108–136, div. A, title IX, Sec. 921(d)(5)(A), (B)(i), Nov. 24, 2003, 117 Stat. 1569.) 

§ 425. Prohibition of unauthorized use of name, initials, or 

seal: specified intelligence agencies 

(a) PROHIBITION.—Except with the written permission of both 

the Secretary of Defense and the Director of National Intelligence, 

no person may knowingly use, in connection with any merchandise, 

retail product, impersonation, solicitation, or commercial activity in 

a manner reasonably calculated to convey the impression that such 

use is approved, endorsed, or authorized by the Secretary and the 

Director, any of the following (or any colorable imitation thereof): 

(1) The words ‘‘Defense Intelligence Agency’’, the initials 

‘‘DIA’’, or the seal of the Defense Intelligence Agency. 

(2) The words ‘‘National Reconnaissance Office’’, the initials ‘‘NRO’’, or the seal of the National Reconnaissance Office. 

(3) The words ‘‘National Imagery and Mapping Agency’’, 

the initials ‘‘NIMA’’, or the seal of the National Imagery and 

Mapping Agency. 

(4) The words ‘‘Defense Mapping Agency’’, the initials 

‘‘DMA’’, or the seal of the Defense Mapping Agency. 

(5) The words ‘‘National Geospatial-Intelligence Agency’’, 

the initials ‘‘NGA,’’ or the seal of the National Geospatial-Intelligence Agency. 

(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever it appears 

to the Attorney General that any person is engaged or is about to 

engage in an act or practice which constitutes or will constitute 

conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to 

enjoin such act or practice. Such court shall proceed as soon as 

practicable to the hearing and determination of such action and 

may, at any time before final determination, enter such restraining 

orders or prohibitions, or take such other actions as is warranted, 

to prevent injury to the United States or to any person or class of 

persons for whose protection the action is brought. 

(Added and amended Pub. L. 105–107, title V, Sec. 503(a), (b), Nov. 20, 1997, 111 Stat. 2262; 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(6), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 110– 

181, div. A, title IX, Sec. 931(a)(6), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title 

IX, Sec. 932(a)(6), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 1073(c)(10), 

Oct. 28, 2009, 123 Stat. 2475.) 
185 § 427 CH. 21—DOD INTELLIGENCE MATTERS 

§ 426. Integration of Department of Defense intelligence, 

surveillance, and reconnaissance capabilities 

(a) ISR INTEGRATION COUNCIL.—(1) The Under Secretary of 

Defense for Intelligence shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council— 

(A) to assist the Under Secretary with respect to matters 

relating to the integration of intelligence, surveillance, and reconnaissance capabilities, and coordination of related developmental activities, of the military departments, intelligence 

agencies of the Department of Defense, and relevant combatant commands; and 

(B) otherwise to provide a means to facilitate the integration of such capabilities and the coordination of such developmental activities. 

(2) The Council shall be composed of— 

(A) the senior intelligence officers of the armed forces and 

the United States Special Operations Command; 

(B) the Director of Operations of the Joint Staff; and 

(C) the directors of the intelligence agencies of the Department of Defense. 

(3) The Under Secretary of Defense for Intelligence shall invite 

the participation of the Director of National Intelligence (or that 

Director’s representative) in the proceedings of the Council. 

(4) Each Secretary of a military department may designate an 

officer or employee of such military department to attend the proceedings of the Council as a representative of such military department. 

(b) ISR INTEGRATION ROADMAP.—(1) The Under Secretary of 

Defense for Intelligence shall develop a comprehensive plan, to be 

known as the ‘‘Defense Intelligence, Surveillance, and Reconnaissance Integration Roadmap’’, to guide the development and integration of the Department of Defense intelligence, surveillance, and reconnaissance capabilities for the 15-year period of fiscal years 2004 

through 2018. 

(2) The Under Secretary shall develop the Defense Intelligence, 

Surveillance, and Reconnaissance Integration Roadmap in consultation with the Intelligence, Surveillance, and Reconnaissance 

Integration Council and the Director of National Intelligence. 

(Added Pub. L. 108–136, div. A, title IX, Sec. 923(c)(1), Nov. 24, 2003, 117 Stat. 1575; amended 

Pub. L. 109–364, div. A, title X, Sec. 1071(a)(3), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110– 

181, div. A, title IX, Sec. 931(a)(7), (8), Jan. 28, 2008, 122 Stat. 285; Pub. L. 111–383, div. A, 

title IX, Sec. 922(b), Jan. 7, 2011, 124 Stat. 4331.) 

§ 427. Intelligence oversight activities of Department of Defense: annual reports 

(a) ANNUAL REPORTS REQUIRED.—(1) Not later than March 1 

of each year, the Secretary of Defense shall submit— 

(A) to the congressional committees specified in subparagraph (A) of paragraph (2) a report on the intelligence oversight activities of the Department of Defense during the previous calendar year insofar as such oversight activities relate 

to tactical intelligence and intelligence-related activities of the 

Department; and 
§ 427 CH. 21—DOD INTELLIGENCE MATTERS 186 

(B) to the congressional committees specified in subparagraph (B) of paragraph (2) a report on the intelligence oversight activities of the Department of Defense during the previous calendar year insofar as such oversight activities relate 

to intelligence and intelligence-related activities of the Department other than those specified in subparagraph (A). 

(2)(A) The committees specified in this subparagraph are the 

following: 

(i) The Committee on Armed Services and the Committee 

on Appropriations of the Senate. 

(ii) The Permanent Select Committee on Intelligence, the 

Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 

(B) The committees specified in this subparagraph are the following: 

(i) The Select Committee on Intelligence, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate. 

(ii) The Permanent Select Committee on Intelligence and 

the Committee on Appropriations of the House of Representatives. 

(b) ELEMENTS.—Each report under subsection (a) shall include, 

for the calendar year covered by such report and with respect to 

oversight activities subject to coverage in that report, the following: 

(1) A description of any violation of law or of any Executive 

order or Presidential directive (including Executive order No. 

12333) that comes to the attention of any General Counsel or 

Inspector General within the Department of Defense, or the 

Under Secretary of Defense for Intelligence, and a description 

of the actions taken by such official with respect to such activity. 

(2) A description of the results of intelligence oversight inspections undertaken by each of the following: 

(A) The Office of the Secretary of Defense. 

(B) Each military department. 

(C) Each combat support agency. 

(D) Each field operating agency. 

(3) A description of any changes made in any program for 

the intelligence oversight activities of the Department of Defense, including any training program. 

(4) A description of any changes made in any published directive or policy memoranda on the intelligence or intelligencerelated activities of— 

(A) any military department; 

(B) any combat support agency; or 

(C) any field operating agency. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘intelligence oversight activities of the Department of Defense’’ refers to any activity undertaken by an 

agency, element, or component of the Department of Defense 

to ensure compliance with regard to requirements or instructions on the intelligence and intelligence-related activities of 

the Department under law or any Executive order or Presidential directive (including Executive Order No. 12333). 
187 § 428 CH. 21—DOD INTELLIGENCE MATTERS 

(2) The term ‘‘combat support agency’’ has the meaning 

given that term in section 193(f) of this title. 

(3) The term ‘‘field operating agency’’ means a specialized 

subdivision of the Department of Defense that carries out activities under the operational control of the Department. 

(Added Pub. L. 109–364, div. A, title IX, Sec. 932(a), Oct. 17, 2006, 120 Stat. 2362.) 

§ 428. Defense industrial security 

(a) RESPONSIBILITY FOR DEFENSE INDUSTRIAL SECURITY.—The 

Secretary of Defense shall be responsible for the protection of classified information disclosed to contractors of the Department of Defense. 

(b) CONSISTENCY WITH EXECUTIVE ORDERS AND DIRECTIVES.— The Secretary shall carry out the responsibility assigned under 

subsection (a) in a manner consistent with Executive Order 12829 

(or any successor order to such executive order) and consistent with 

policies relating to the National Industrial Security Program (or 

any successor to such program). 

(c) PERFORMANCE OF INDUSTRIAL SECURITY FUNCTIONS FOR

OTHER AGENCIES.—The Secretary may perform industrial security 

functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any 

successor to such program). 

(d) REGULATIONS AND POLICY GUIDANCE.—The Secretary shall 

prescribe, and from time to time revise, such regulations and policy 

guidance as are necessary to ensure the protection of classified information disclosed to contractors of the Department of Defense. 

(e) DEDICATION OF RESOURCES.—The Secretary shall ensure 

that sufficient resources are provided to staff, train, and support 

such personnel as are necessary to fully protect classified information disclosed to contractors of the Department of Defense. 

(f) BIENNIAL REPORT.—The Secretary shall report biennially to 

the congressional defense committees on expenditures and activities of the Department of Defense in carrying out the requirements 

of this section. The Secretary shall submit the report at or about 

the same time that the President’s budget is submitted pursuant 

to section 1105(a) of title 31 in odd numbered years. The report 

shall be in an unclassified form (with a classified annex if necessary) and shall cover the activities of the Department of Defense 

in the preceding two fiscal years, including the following: 

(1) The workforce responsible for carrying out the requirements of this section, including the number and experience of 

such workforce; training in the performance of industrial security functions; performance metrics; and resulting assessment 

of overall quality. 

(2) A description of funds authorized, appropriated, or reprogrammed to carry out the requirements of this section, the 

budget execution of such funds, and the adequacy of budgets 

provided for performing such purpose. 

(3) Statistics on the number of contractors handling classified information of the Department of Defense, and the percentage of such contractors who are subject to foreign ownership, control, or influence. 
§ 431 CH. 21—DOD INTELLIGENCE MATTERS 188 

(4) Statistics on the number of violations identified, enforcement actions taken, and the percentage of such violations 

occurring at facilities of contractors subject to foreign ownership, control, or influence. 

(5) An assessment of whether major contractors implementing the program have adequate enforcement programs 

and have trained their employees adequately in the requirements of the program. 

(6) Trend data on attempts to compromise classified information disclosed to contractors of the Department of Defense 

to the extent that such data are available. 

(Added Pub. L. 110–417, [div. A], title VIII, Sec. 845(a)(1), Oct. 14, 2008, 122 Stat. 4541, Sec. 

438; renumbered Sec. 428, Pub. L. 111–84, div. A, title X, Sec. 1073(a)(4), Oct. 28, 2009, 123 

Stat. 2472; Pub. L. 111–383, div. A, title X, Sec. 1075(b)(11), Jan. 7, 2011, 124 Stat. 4369.) 

SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES 

Sec. 

431. Authority to engage in commercial activities as security for intelligence collection activities. 

432. Use, disposition, and auditing of funds. 

433. Relationship with other Federal laws. 

434. Reservation of defenses and immunities. 

435. Limitations. 

436. Regulations. 

437. Congressional oversight. 

§ 431. Authority to engage in commercial activities as security for intelligence collection activities 

(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, 2015. 

(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activity shall— 

(1) be coordinated with, and (where appropriate) be supported by, the Director of the Central Intelligence Agency; 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. 
189 § 433 CH. 21—DOD INTELLIGENCE MATTERS 

(2) The term ‘‘intelligence collection activities’’ means the 

collection of foreign intelligence and counterintelligence information. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 437; amended Pub. L. 

104–93, title V, Sec. 503, Jan. 6, 1996, 109 Stat. 973; Pub. L. 105–272, title V, Sec. 501, Oct. 

20, 1998, 112 Stat. 2404; Pub. L. 106–398, Sec. 1[[div. A], title X, Sec. 1077], Oct. 30, 2000, 114 

Stat. 1654, 1654A–282; Pub. L. 107–314, div. A, title X, Sec. 1053, Dec. 2, 2002, 116 Stat. 2649; 

Pub. L. 108–375, div. A, title IX, Sec. 921, Oct. 28, 2004, 118 Stat. 2029; Pub. L. 109–364, div. 

A, title IX, Sec. 931, Oct. 17, 2006, 120 Stat. 2362; Pub. L. 110–181, div. A, title IX, Sec. 

931(b)(1), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, Sec. 932(a)(7), Oct. 

14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 1073(c)(10), Oct. 28, 2009, 123 

Stat. 2475; Pub. L. 111–383, div. A, title IX, Sec. 921, Jan. 7, 2011, 124 Stat. 4330.) 

§ 432. Use, disposition, and auditing of funds 

(a) USE OF FUNDS.—Funds generated by a commercial activity 

authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of 

such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any 

funds generated by the activity in excess of those required for that 

purpose shall be deposited, as often as may be practicable, into the 

Treasury as miscellaneous receipts. 

(b) AUDITS.—(1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter. 

(2) That organization shall audit the use and disposition of 

funds generated by any commercial activity authorized under this 

subchapter not less often than annually. The results of all such audits shall be promptly reported to the intelligence committees (as 

defined in section 437(d) of this title). 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 438.) 

§ 433. Relationship with other Federal laws 

(a) IN GENERAL.—Except as provided by subsection (b), a commercial activity conducted pursuant to this subchapter shall be carried out in accordance with applicable Federal law. 

(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN SECURITY.—(1) If the Secretary of Defense determines, in connection with a commercial activity authorized pursuant to section 

431 of this title, that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of 

an authorized intelligence activity, the Secretary may, to the extent 

necessary to prevent such compromise, waive compliance with such 

laws or regulations. 

(2) Any determination and waiver by the Secretary under paragraph (1) shall be made in writing and shall include a specification 

of the laws and regulations for which compliance by the commercial 

activity concerned is not required consistent with this section. 

(3) The authority of the Secretary under paragraph (1) may be 

delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary 

of a military department. 

(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this 

section, Federal laws and regulations pertaining to the manage-
§ 434 CH. 21—DOD INTELLIGENCE MATTERS 190 

ment and administration of Federal agencies are only those Federal laws and regulations pertaining to the following: 

(1) The receipt and use of appropriated and nonappropriated funds. 

(2) The acquisition or management of property or services. 

(3) Information disclosure, retention, and management. 

(4) The employment of personnel. 

(5) Payments for travel and housing. 

(6) The establishment of legal entities or government instrumentalities. 

(7) Foreign trade or financial transaction restrictions that 

would reveal the commercial activity as an activity of the 

United States Government. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 438.) 

§ 434. Reservation of defenses and immunities 

The submission to judicial proceedings in a State or other legal 

jurisdiction, in connection with a commercial activity undertaken 

pursuant to this subchapter, shall not constitute a waiver of the defenses and immunities of the United States. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 439.) 

§ 435. Limitations 

(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes 

the conduct of any intelligence activity that is not otherwise authorized by law or Executive order. 

(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial 

activity authorized by this subchapter may only engage in those activities in the United States to the extent necessary to support intelligence activities abroad. 

(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF

DEFENSE.—Commercial activity may not be undertaken within the 

United States for the purpose of providing goods and services to 

the Department of Defense, other than as may be necessary to provide security for the activities subject to this subchapter. 

(d) NOTICE TO UNITED STATES PERSONS.—(1) In carrying out a 

commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activity to employ a United States person in an operational, managerial, 

or supervisory position, and may not assign or detail a United 

States person to perform operational, managerial, or supervisory 

duties for such an entity, unless that person is informed in advance 

of the intelligence security purpose of that activity. 

(2) In this subsection, the term ‘‘United States person’’ means 

an individual who is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 439.) 

§ 436. Regulations 

The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations 

shall be consistent with this subchapter and shall at a minimum— 
191 § 437 CH. 21—DOD INTELLIGENCE MATTERS 

(1) specify all elements of the Department of Defense who 

are authorized to engage in commercial activities pursuant to 

this subchapter; 

(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter; 

(3) specify all officials who are authorized to grant waivers 

of laws or regulations pursuant to section 433(b) of this title, 

or to approve the establishment or conduct of commercial activities pursuant to this subchapter; 

(4) designate a single office within the Defense Intelligence 

Agency to be responsible for the management and supervision 

of all activities authorized under this subchapter; 

(5) require that each commercial activity proposed to be 

authorized under this subchapter be subject to appropriate 

legal review before the activity is authorized; and 

(6) provide for appropriate internal audit controls and 

oversight for such activities. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 439.) 

§ 437. Congressional oversight 

(a) PROPOSED REGULATIONS.—Copies of regulations proposed to 

be prescribed under section 436 of this title (including any proposed revision to such regulations) shall be submitted to the intelligence committees not less than 30 days before they take effect. 

(b) CURRENT INFORMATION.—Consistent with title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary 

of Defense shall ensure that the intelligence committees are kept 

fully and currently informed of actions taken pursuant to this subchapter, including any significant anticipated activity to be authorized pursuant to this subchapter. 

(c) ANNUAL REPORT.—Not later each year than the date provided in section 507 of the National Security Act of 1947 (50 U.S.C. 

415b), the Secretary shall submit to the congressional intelligence 

committees (as defined in section 3 of that Act (50 U.S.C. 401a)) 

a report on all commercial activities authorized under this subchapter that were undertaken during the previous fiscal year. Such 

report shall include (with respect to the fiscal year covered by the 

report) the following: 

(1) A description of any exercise of the authority provided 

by section 433(b) of this title. 

(2) A description of any expenditure of funds made pursuant to this subchapter (whether from appropriated or non-appropriated funds). 

(3) A description of any actions taken with respect to audits conducted pursuant to section 432 of this title to implement recommendations or correct deficiencies identified in such 

audits. 

(4) A description of each corporation, partnership, or other 

legal entity that was established. 

(Added Pub. L. 102–88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 440; amended Pub. L. 

107–306, title VIII, Sec. 811(b)(4)(A), Nov. 27, 2002, 116 Stat. 2423; Pub. L. 108–136, div. A, 

title X, Sec. 1031(a)(7), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 108–375, div. A, title X, Sec. 

1084(d)(3), Oct. 28, 2004, 118 Stat. 2061.) 
192 

CHAPTER 22—NATIONAL GEOSPATIAL-INTELLIGENCE 

AGENCY 

Subchapter Sec. 

I. Missions and Authority ............................................................................. 441 

II. Maps, Charts, and Geodetic Products ...................................................... 451 

III. Personnel Management ............................................................................. 461 

IV. Definitions ................................................................................................... 467 

SUBCHAPTER I—MISSIONS AND AUTHORITY 

Sec. 

441. Establishment. 

442. Missions. 

443. Imagery intelligence and geospatial information: support for foreign countries. 

444. Support from Central Intelligence Agency. 

[445. Repealed.] 

§ 441. Establishment 

(a) ESTABLISHMENT.—The National Geospatial-Intelligence 

Agency is a combat support agency of the Department of Defense 

and has significant national missions. 

(b) DIRECTOR.—(1) The Director of the National Geospatial-Intelligence Agency is the head of the agency. 

(2) Upon a vacancy in the position of Director, the Secretary 

of Defense shall recommend to the President an individual for appointment to the position. 

(3) If an officer of the armed forces on active duty is appointed 

to the position of Director, the position shall be treated as having 

been designated by the President as a position of importance and 

responsibility for purposes of section 601 of this title and shall 

carry the grade of lieutenant general, or, in the case of an officer 

of the Navy, vice admiral. 

(c) DIRECTOR OF NATIONAL INTELLIGENCE COLLECTION TASKING

AUTHORITY.—Unless otherwise directed by the President, the Director of National Intelligence shall have authority (except as otherwise agreed by the Director and the Secretary of Defense) to— 

(1) approve collection requirements levied on national imagery collection assets; 

(2) determine priorities for such requirements; and 

(3) resolve conflicts in such priorities. 

(d) AVAILABILITY AND CONTINUED IMPROVEMENT OF IMAGERY

INTELLIGENCE SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION

FUNCTION.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall take all necessary steps to ensure the full availability and continued improvement of imagery intelligence support for all-source analysis and production. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2678; amended 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 110– 

181, div. A, title IX, Sec. 931(a)(9), (10), (c)(1)(A), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110– 
193 § 442 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 

417, [div. A], title IX, Sec. 932(a)(8), (9), (b)(1), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, 

div. A, title X, Sec. 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.) 

§ 442. Missions 

(a) NATIONAL SECURITY MISSIONS.—(1) The National 

Geospatial-Intelligence Agency shall, in support of the national security objectives of the United States, provide geospatial intelligence consisting of the following: 

(A) Imagery. 

(B) Imagery intelligence. 

(C) Geospatial information. 

(2)(A) As directed by the Director of National Intelligence, the 

National Geospatial-Intelligence Agency shall develop a system to 

facilitate the analysis, dissemination, and incorporation of 

likenesses, videos, and presentations produced by ground-based 

platforms, including handheld or clandestine photography taken by 

or on behalf of human intelligence collection organizations or available as open-source information, into the National System for 

Geospatial Intelligence. 

(B) The authority provided by this paragraph does not include 

authority for the National Geospatial-Intelligence Agency to manage tasking of handheld or clandestine photography taken by or on 

behalf of human intelligence collection organizations. 

(3) Geospatial intelligence provided in carrying out paragraphs 

(1) and (2) shall be timely, relevant, and accurate. 

(b) NAVIGATION INFORMATION.—The National Geospatial-Intelligence Agency shall improve means of navigating vessels of the 

Navy and the merchant marine by providing, under the authority 

of the Secretary of Defense, accurate and inexpensive nautical 

charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of 

navigators generally. 

(c) MAPS, CHARTS, ETC.—The National Geospatial-Intelligence 

Agency shall prepare and distribute maps, charts, books, and geodetic products as authorized under subchapter II of this chapter. 

(d) NATIONAL MISSIONS.—The National Geospatial-Intelligence 

Agency also has national missions as specified in section 110(a) of 

the National Security Act of 1947 (50 U.S.C. 404e(a)). 

(e) SYSTEMS.—The National Geospatial-Intelligence Agency 

may, in furtherance of a mission of the Agency, design, develop, deploy, operate, and maintain systems related to the processing and 

dissemination of imagery intelligence and geospatial information 

that may be transferred to, accepted or used by, or used on behalf 

of— 

(1) the armed forces, including any combatant command, 

component of a combatant command, joint task force, or tactical unit; or 

(2) any other department or agency of the United States. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2678; amended 

Pub. L. 108–136, div. A, title IX, Sec. 921(c)(1), (d)(2)(A), (f), Nov. 24, 2003, 117 Stat. 1568, 1570; 

Pub. L. 111–259, title IV, Sec. 432, Oct. 7, 2010, 124 Stat. 2732.) 
§ 443 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 194 

§ 443. Imagery intelligence and geospatial information: support for foreign countries 

(a) USE OF APPROPRIATED FUNDS.—The Director of the National Geospatial-Intelligence Agency may use appropriated funds 

available to the National Geospatial-Intelligence Agency to provide 

foreign countries with imagery intelligence and geospatial information support. 

(b) USE OF FUNDS OTHER THAN APPROPRIATED FUNDS.—The 

Director may use funds other than appropriated funds to provide 

foreign countries with imagery intelligence and geospatial information support, notwithstanding provisions of law relating to the expenditure of funds of the United States, except that— 

(1) no such funds may be expended, in whole or in part, 

by or for the benefit of the National Geospatial-Intelligence 

Agency for a purpose for which Congress had previously denied 

funds; 

(2) proceeds from the sale of imagery intelligence or 

geospatial information items may be used only to purchase replacement items similar to the items that are sold; and 

(3) the authority provided by this subsection may not be 

used to acquire items or services for the principal benefit of the 

United States. 

(c) ACCOMMODATION PROCUREMENTS.—The authority under 

this section may be exercised to conduct accommodation procurements on behalf of foreign countries. 

(d) COORDINATION WITH DIRECTOR OF NATIONAL INTELLIGENCE.—The Director of the Agency shall coordinate with the Director of National Intelligence any action under this section that 

involves imagery intelligence or intelligence products or involves 

providing support to an intelligence or security service of a foreign 

country. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2679; amended 

Pub. L. 105–85, div. A, title X, Sec. 1073(a)(7), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–136, 

div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 110–181, div. A, title 

IX, Sec. 931(a)(11), (c)(1)(B), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, 

Sec. 932(a)(10), (b)(2), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 

1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.) 

§ 444. Support from Central Intelligence Agency 

(a) SUPPORT AUTHORIZED.—The Director of the Central Intelligence Agency may provide support in accordance with this section 

to the Director of the National Geospatial-Intelligence Agency. The 

Director of the National Geospatial-Intelligence Agency may accept 

support provided under this section. 

(b) ADMINISTRATIVE AND CONTRACT SERVICES.—(1) In furtherance of the national intelligence effort, the Director of the Central 

Intelligence Agency may provide administrative and contract services to the National Geospatial-Intelligence Agency as if that agency were an organizational element of the Central Intelligence Agency. 

(2) Services provided under paragraph (1) may include the 

services of security police. For purposes of section 15 of the Central 

Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of 

the National Geospatial-Intelligence Agency that is provided secu-
195 § 451 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 

rity police services under this section shall be considered an installation of the Central Intelligence Agency. 

(3) Support provided under this subsection shall be provided 

under terms and conditions agreed upon by the Secretary of Defense and the Director of the Central Intelligence Agency. 

(c) DETAIL OF PERSONNEL.—The Director of the Central Intelligence Agency may detail personnel of the Central Intelligence 

Agency indefinitely to the National Geospatial-Intelligence Agency 

without regard to any limitation on the duration of interagency details of Federal Government personnel. 

(d) REIMBURSABLE OR NONREIMBURSABLE SUPPORT.—Support 

under this section may be provided and accepted on either a reimbursable basis or a nonreimbursable basis. 

(e) AUTHORITY TO TRANSFER FUNDS.—(1) The Director of the 

National Geospatial-Intelligence Agency may transfer funds available for that agency to the Director of the Central Intelligence 

Agency for the Central Intelligence Agency. 

(2) The Director of the Central Intelligence Agency— 

(A) may accept funds transferred under paragraph (1); and 

(B) shall expend such funds, in accordance with the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), 

to provide administrative and contract services or detail personnel to the National Geospatial-Intelligence Agency under 

this section. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2680; amended 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 110– 

181, div. A, title IX, Sec. 931(b)(2), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title 

IX, Sec. 932(c), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, Sec. 1073(c)(10), 

Oct. 28, 2009, 123 Stat. 2475.) 

[§ 445. Repealed. Pub. L. 105–107, title V, Sec. 503(c), Nov. 20, 

1997, 111 Stat. 2262] 

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC 

PRODUCTS 

Sec. 

451. Maps, charts, and books. 

452. Pilot charts. 

453. Sale of maps, charts, and navigational publications: prices; use of proceeds. 

454. Exchange of mapping, charting, and geodetic data with foreign countries 

and international organizations. 

455. Maps, charts, and geodetic data: public availability; exceptions. 

456. Civil actions barred. 

457. Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from 

public disclosure. 

§ 451. Maps, charts, and books 

The Secretary of Defense may— 

(1) have the National Geospatial-Intelligence Agency prepare maps, charts, and nautical books required in navigation 

and have those materials published and furnished to navigators; and 

(2) buy the plates and copyrights of existing maps, charts, 

books on navigation, and sailing directions and instructions. 
§ 452 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 196 

(Added Pub. L. 97–295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299, Sec. 2792; renumbered Sec. 

451 and amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

§ 452. Pilot charts 

(a) There shall be conspicuously printed on pilot charts prepared in the National Geospatial-Intelligence Agency the following: 

‘‘Prepared from data furnished by the National Geospatial-Intelligence Agency of the Department of Defense and by the Department of Commerce, and published at the National Geospatial-Intelligence Agency under the authority of the Secretary of Defense’’. 

(b) The Secretary of Commerce shall furnish to the National 

Geospatial-Intelligence Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for, 

and of the character used in, preparing pilot charts. 

(Added Pub. L. 97–295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299, Sec. 2793; renumbered Sec. 

452, and amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

§ 453. Sale of maps, charts, and navigational publications: 

prices; use of proceeds 

(a) PRICES.—All maps, charts, and other publications offered 

for sale by the National Geospatial-Intelligence Agency shall be 

sold at prices and under regulations that may be prescribed by the 

Secretary of Defense. 

(b) USE OF PROCEEDS TO PAY FOREIGN LICENSING FEES.—(1) 

The Secretary of Defense may pay any NGA foreign data acquisition fee out of the proceeds of the sale of maps, charts, and other 

publications of the Agency, and those proceeds are hereby made 

available for that purpose. 

(2) In this subsection, the term ‘‘NGA foreign data acquisition 

fee’’ means any licensing or other fee imposed by a foreign country 

or international organization for the acquisition or use of data or 

products by the National Geospatial-Intelligence Agency. 

(Added Pub. L. 97–295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299, Sec. 2794; renumbered Sec. 

453 and amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; 

Pub. L. 106–65, div. A, title X, Sec. 1010(a), Oct. 5, 1999, 113 Stat. 739; Pub. L. 108–136, div. 

A, title IX, Sec. 921(d)(2)(A), (B), Nov. 24, 2003, 117 Stat. 1568.) 

§ 454. Exchange of mapping, charting, and geodetic data 

with foreign countries and international organizations 

The Secretary of Defense may authorize the National 

Geospatial-Intelligence Agency to exchange or furnish mapping, 

charting, and geodetic data, supplies and services to a foreign country or international organization pursuant to an agreement for the 

production or exchange of such data. 

(Added Pub. L. 99–569, title VI, Sec. 601(a), Oct. 27, 1986, 100 Stat. 3202, Sec. 2795; renumbered Sec. 454 and amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 

Stat. 2682; Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

§ 455. Maps, charts, and geodetic data: public availability; 

exceptions 

(a) The National Geospatial-Intelligence Agency shall offer for 

sale maps and charts at scales of 1:500,000 and smaller, except 

those withheld in accordance with subsection (b) or those specifically authorized under criteria established by Executive order to be 
197 § 456 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 

kept secret in the interest of national defense or foreign policy and 

in fact properly classified pursuant to such Executive order. 

(b)(1) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any geodetic 

product in the possession of, or under the control of, the Department of Defense— 

(A) that was obtained or produced, or that contains information that was provided, pursuant to an international agreement that restricts disclosure of such product or information to 

government officials of the agreeing parties or that restricts 

use of such product or information to government purposes 

only; 

(B) that contains information that the Secretary of Defense 

has determined in writing would, if disclosed, reveal sources 

and methods, or capabilities, used to obtain source material for 

production of the geodetic product; or 

(C) that contains information that the Director of the National Geospatial-Intelligence Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing 

military or intelligence operations, reveal military operational 

or contingency plans, or reveal, jeopardize, or compromise military or intelligence capabilities. 

(2) In this subsection, the term ‘‘geodetic product’’ means imagery, imagery intelligence, or geospatial information. 

(c)(1) Regulations to implement this section (including any 

amendments to such regulations) shall be published in the Federal 

Register for public comment for a period of not less than 30 days 

before they take effect. 

(2) Regulations under this section shall address the conditions 

under which release of geodetic products authorized under subsection (b) to be withheld from public disclosure would be appropriate— 

(A) in the case of allies of the United States; and 

(B) in the case of qualified United States contractors (including contractors that are small business concerns) who need 

such products for use in the performance of contracts with the 

United States. 

(Added Pub. L. 102–88, title V, Sec. 502(a)(1), Aug. 14, 1991, 105 Stat. 435, Sec. 2796; amended 

Pub. L. 103–359, title V, Sec. 502, Oct. 14, 1994, 108 Stat. 3430; renumbered Sec. 455 and 

amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. 

L. 105–85, div. A, title IX, Sec. 933(a), (b)(1), Nov. 18, 1997, 111 Stat. 1866; Pub. L. 106–398, 

Sec. 1[[div. A, title X, Sec. 1074], Oct. 30, 2000, 114 Stat. 1654, 1654A–280; Pub. L. 108–136, 

div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

§ 456. Civil actions barred 

(a) CLAIMS BARRED.—No civil action may be brought against 

the United States on the basis of the content of a navigational aid 

prepared or disseminated by the National Geospatial-Intelligence 

Agency. 

(b) NAVIGATIONAL AIDS COVERED.—Subsection (a) applies with 

respect to a navigational aid in the form of a map, a chart, or a 

publication and any other form or medium of product or information in which the National Geospatial-Intelligence Agency prepares 

or disseminates navigational aids. 
§ 457 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 198 

(Added Pub. L. 103–337, div. A, title X, Sec. 1074(b), Oct. 5, 1994, 108 Stat. 2861, Sec. 2798; 

renumbered Sec. 456 and amended Pub. L. 104–201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 

110 Stat. 2682; Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 

1568.) 

§ 457. Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from public disclosure 

(a) AUTHORITY.—The Secretary of Defense may withhold from 

public disclosure operational files described in subsection (b) to the 

same extent that operational files may be withheld under section 

701 of the National Security Act of 1947 (50 U.S.C. 431). 

(b) COVERED OPERATIONAL FILES.—The authority under subsection (a) applies to operational files in the possession of the National Geospatial-Intelligence Agency that— 

(1) as of September 22, 1996, were maintained by the National Photographic Interpretation Center; or 

(2) concern the activities of the Agency that, as of such 

date, were performed by the National Photographic Interpretation Center. 

(c) OPERATIONAL FILES DEFINED.—In this section, the term 

‘‘operational files’’ has the meaning given that term in section 

701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)). 

(Added Pub. L. 106–65, div. A, title X, Sec. 1045(a), Oct. 5, 1999, 113 Stat. 762; amended Pub. 

L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

SUBCHAPTER III—PERSONNEL MANAGEMENT 

Sec. 

461. Management rights. 

462. Financial assistance to certain employees in acquisition of critical skills. 

§ 461. Management rights 

(a) SCOPE.—If there is no obligation under the provisions of 

chapter 71 of title 5 for the head of an agency of the United States 

to consult or negotiate with a labor organization on a particular 

matter by reason of that matter being covered by a provision of law 

or a Governmentwide regulation, the Director of the National 

Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National GeospatialIntelligence Agency. 

(b) BARGAINING UNITS.—The Director of the National 

Geospatial-Intelligence Agency shall accord exclusive recognition to 

a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense 

Mapping Agency on September 30, 1996. 

(c) TERMINATION OF BARGAINING UNIT COVERAGE OF POSITION

MODIFIED TO AFFECT NATIONAL SECURITY DIRECTLY.—(1) If the Director of the National Geospatial-Intelligence Agency determines 

that the responsibilities of a position within a collective bargaining 

unit should be modified to include intelligence, counterintelligence, 

investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon 
199 § 467 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 

such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and 

the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for 

that collective bargaining unit. 

(2) A determination described in paragraph (1) that is made by 

the Director of the National Geospatial-Intelligence Agency may 

not be reviewed by the Federal Labor Relations Authority or any 

court of the United States. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2681; amended 

Pub. L. 108–136, div. A, title IX, Sec. 921(d)(2)(A), (C), Nov. 24, 2003, 117 Stat. 1568.) 

§ 462. Financial assistance to certain employees in acquisition of critical skills 

The Secretary of Defense may establish an undergraduate 

training program with respect to civilian employees of the National 

Geospatial-Intelligence Agency that is similar in purpose, conditions, content, and administration to the program established by 

the Secretary of Defense under section 16 of the National Security 

Agency Act of 1959 (50 U.S.C. 402 note) for civilian employees of 

the National Security Agency. 

(Added Pub. L. 107–108, title V, Sec. 504(a), Dec. 28, 2001, 115 Stat. 1405; amended Pub. L. 

108–136, div. A, title IX, Sec. 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.) 

SUBCHAPTER IV—DEFINITIONS 

Sec. 

467. Definitions. 

§ 467. Definitions 

In this chapter: 

(1) The term ‘‘function’’ means any duty, obligation, responsibility, privilege, activity, or program. 

(2)(A) The term ‘‘imagery’’ means, except as provided in 

subparagraph (B), a likeness or presentation of any natural or 

manmade feature or related object or activity and the positional data acquired at the same time the likeness or representation was acquired, including— 

(i) products produced by space-based national intelligence reconnaissance systems; and 

(ii) likenesses or presentations produced by satellites, 

airborne platforms, unmanned aerial vehicles, or other 

similar means. 

(B) Such term does not include handheld or clandestine 

photography taken by or on behalf of human intelligence collection organizations. 

(3) The term ‘‘imagery intelligence’’ means the technical, 

geographic, and intelligence information derived through the 

interpretation or analysis of imagery and collateral materials. 

(4) The term ‘‘geospatial information’’ means information 

that identifies the geographic location and characteristics of 

natural or constructed features and boundaries on the earth 

and includes— 
§ 467 CH. 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY 200 

(A) statistical data and information derived from, 

among other things, remote sensing, mapping, and surveying technologies; and 

(B) mapping, charting, geodetic data, and related products. 

(5) The term ‘‘geospatial intelligence’’ means the exploitation and analysis of imagery and geospatial information to 

describe, assess, and visually depict physical features and geographically referenced activities on the earth. Geospatial intelligence consists of imagery, imagery intelligence, and 

geospatial information. 

(Added Pub. L. 104–201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 1996, 110 Stat. 2682; amended 

Pub. L. 105–85, div. A, title IX, Sec. 933(b)(2), Nov. 18, 1997, 111 Stat. 1866; Pub. L. 108–136, 

div. A, title IX, Sec. 921(b), Nov. 24, 2003, 117 Stat. 1568.) 
201 

CHAPTER 23—MISCELLANEOUS STUDIES AND REPORTS 

Sec. 

480. Reports to Congress: submission in electronic form. 

481. Racial and ethnic issues; gender issues: surveys. 

482. Quarterly reports: personnel and unit readiness. 

483. Reports on transfers from high-priority readiness appropriations. 

484. Annual report on aircraft inventory. 

485. Joint and service concept development and experimentation. 

486. Quadrennial report on emerging operational concepts. 

487. Unit operations tempo and personnel tempo: annual report. 

488. Management of electromagnetic spectrum: biennial strategic plan. 

489. Annual report on Department of Defense operation and financial support 

for military museums. 

490. Space cadre management: biennial report. 

§ 480. Reports to Congress: submission in electronic form 

(a) REQUIREMENT.—Whenever the Secretary of Defense or any 

other official of the Department of Defense submits to Congress (or 

any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary 

(or other official) shall provide to Congress (or such committee) a 

copy of the report in an electronic medium. 

(b) EXCEPTION.—Subsection (a) does not apply to a report submitted in classified form. 

(c) DEFINITION.—In this section, the term ‘‘report’’ includes any 

certification, notification, or other communication in writing. 

(Added Pub. L. 107–107, div. A, title X, Sec. 1042(a), Dec. 28, 2001, 115 Stat. 1218; amended 

Pub. L. 107–314, div. A, title X, Sec. 1042, Dec. 2, 2002, 116 Stat. 2646.) 

§ 481. Racial and ethnic issues; gender issues: surveys 

(a) IN GENERAL.—(1) The Secretary of Defense shall carry out 

four quadrennial surveys (each in a separate year) in accordance 

with this section to identify and assess racial and ethnic issues and 

discrimination, and to identify and assess gender issues and discrimination, among members of the armed forces. Each such survey 

shall be conducted so as to identify and assess the extent (if any) 

of activity among such members that may be seen as so-called 

‘‘hate group’’ activity. 

(2) The four surveys shall be as follows: 

(A) To identify and assess racial and ethnic issues and discrimination among members of the armed forces serving on active duty. 

(B) To identify and assess racial and ethnic issues and discrimination among members of the armed forces in the reserve 

components. 

(C) To identify and assess gender issues and discrimination among members of the armed forces serving on active 

duty. 

(D) To identify and assess gender issues and discrimination members of the armed forces in the reserve components. 
§ 481 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 202 

(3) The surveys under this section relating to racial and ethnic 

issues and discrimination shall be known as the ‘‘Armed Forces 

Workplace and Equal Opportunity Surveys’’. The surveys under 

this section relating to gender issues and discrimination shall be 

known as the ‘‘Armed Forces Workplace and Gender Relations Surveys’’. 

(4) Each survey under this section shall be conducted separately from any other survey conducted by the Department of Defense. 

(b) ARMED FORCES WORKPLACE AND EQUAL OPPORTUNITY SUR- VEYS.—The Armed Forces Workplace and Equal Opportunity Surveys shall be conducted so as to solicit information on racial and 

ethnic issues, including issues relating to harassment and discrimination, and the climate in the armed forces for forming professional 

relationships among members of the armed forces of various racial 

and ethnic groups. Both such surveys shall be conducted so as to 

solicit information on the following: 

(1) Indicators of positive and negative trends for professional and personal relationships among members of all racial 

and ethnic groups. 

(2) The effectiveness of Department of Defense policies designed to improve relationships among all racial and ethnic 

groups. 

(3) The effectiveness of current processes for complaints on 

and investigations into racial and ethnic discrimination. 

(c) ARMED FORCES WORKPLACE AND GENDER RELATIONS SUR- VEYS.—The Armed Forces Workplace and Gender Relations Surveys shall be conducted so as to solicit information on gender 

issues, including issues relating to gender-based harassment and 

discrimination, and the climate in the armed forces for forming professional relationships between male and female members of the 

armed forces. Both such surveys shall be conducted so as to solicit 

information on the following: 

(1) Indicators of positive and negative trends for professional and personal relationships between male and female 

members of the armed forces. 

(2) The effectiveness of Department of Defense policies designed to improve professional relationships between male and 

female members of the armed forces. 

(3) The effectiveness of current processes for complaints on 

and investigations into gender-based discrimination. 

(d) SURVEYS TO BE CONDUCTED IN DIFFERENT YEARS.—Each of 

the four quadrennial surveys conducted under this section shall be 

conducted in a different year from any other survey conducted 

under this section, so that one such survey is conducted during 

each year. 

(e) REPORTS TO CONGRESS.—Upon the completion of a survey 

under this section, the Secretary shall submit to Congress a report 

containing the results of the survey. 

(f) INAPPLICABILITY TO COAST GUARD.—This section does not 

apply to the Coast Guard. 

(Added Pub. L. 103–337, div. A, title V, Sec. 554(a)(1), Oct. 5, 1994, 108 Stat. 2773, Sec. 451; 

renumbered Sec. 481 and amended Pub. L. 104–201, div. A, title V, Sec. 571(c)(1), title XI, Sec. 

1121(a), Sept. 23, 1996, 110 Stat. 2532, 2687; Pub. L. 107–314, div. A, title V, Sec. 561(a)(1), 

Dec. 2, 2002, 116 Stat. 2553.) 
203 § 482 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

§ 482. Quarterly reports: personnel and unit readiness 

(a) QUARTERLY REPORTS REQUIRED.—Not later than 45 days 

after the end of each calendar-year quarter, the Secretary of Defense shall submit to Congress a report regarding military readiness. The report for a quarter shall contain the information required by subsections (b), (d), (e), and (f). 

(b) READINESS PROBLEMS AND REMEDIAL ACTIONS.—Each report shall specifically describe— 

(1) each readiness problem and deficiency identified using 

the assessments considered under subsection (c); 

(2) planned remedial actions; and 

(3) the key indicators and other relevant information related to each identified problem and deficiency. 

(c) CONSIDERATION OF READINESS ASSESSMENTS.—The information required under subsection (b) to be included in the report for 

a quarter shall be based on readiness assessments that are provided during that quarter— 

(1) to any council, committee, or other body of the Department of Defense— 

(A) that has responsibility for readiness oversight; and 

(B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level 

of Assistant Secretary of Defense or higher; 

(2) by senior civilian and military officers of the military 

departments and the commanders of the unified and specified 

commands; and 

(3) as part of any regularly established process of periodic 

readiness reviews for the Department of Defense as a whole. 

(d) COMPREHENSIVE READINESS INDICATORS FOR ACTIVE COMPONENTS.—Each report shall also include information regarding 

each of the active components of the armed forces (and an evaluation of such information) with respect to each of the following readiness indicators: 

(1) PERSONNEL STRENGTH.— 

(A) Personnel status, including the extent to which 

members of the armed forces are serving in positions outside of their military occupational specialty, serving in 

grades other than the grades for which they are qualified, 

or both. 

(B) Historical data and projected trends in personnel 

strength and status. 

(2) PERSONNEL TURBULENCE.— (A) Recruit quality. 

(B) Borrowed manpower. 

(C) Personnel stability. 

(3) OTHER PERSONNEL MATTERS.— 

(A) Personnel morale. 

(B) Recruiting status. 

(4) TRAINING.— 

(A) Training unit readiness and proficiency. 

(B) Operations tempo. 

(C) Training funding. 

(D) Training commitments and deployments. 
§ 483 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 204 

(5) LOGISTICS—EQUIPMENT FILL.— (A) Deployed equipment. 

(B) Equipment availability. 

(C) Equipment that is not mission capable. 

(D) Age of equipment. 

(E) Condition of nonpacing items. 

(6) LOGISTICS—EQUIPMENT MAINTENANCE.— (A) Maintenance backlog. 

(7) LOGISTICS—SUPPLY.— (A) Availability of ordnance and spares. 

(B) Status of prepositioned equipment. 

(e) UNIT READINESS INDICATORS.—Each report shall also include information regarding the readiness of each active component 

unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level) that received a readiness rating of C– 

3 (or below) for any month of the calendar-year quarter covered by 

the report. With respect to each such unit, the report shall separately provide the following information: 

(1) The unit designation and level of organization. 

(2) The overall readiness rating for the unit for the quarter 

and each month of the quarter. 

(3) The resource area or areas (personnel, equipment and 

supplies on hand, equipment condition, or training) that adversely affected the unit’s readiness rating for the quarter. 

(4) The reasons why the unit received a readiness rating 

of C–3 (or below). 

(f) READINESS OF NATIONAL GUARD TO PERFORM CIVIL SUPPORT

MISSIONS.—(1) Each report shall also include an assessment of the 

readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities. 

(2) Any information in an assessment under this subsection 

that is relevant to the National Guard of a particular State shall 

also be made available to the Governor of that State. 

(3) The Secretary shall ensure that each State Governor has an 

opportunity to provide to the Secretary an independent evaluation 

of that State’s National Guard, which the Secretary shall include 

with each assessment submitted under this subsection. 

(g) CLASSIFICATION OF REPORTS.—A report under this section 

shall be submitted in unclassified form. To the extent the Secretary 

of Defense determines necessary, the report may also be submitted 

in classified form. 

(Added Pub. L. 104–106, div. A, title III, Sec. 361(a)(1), Feb. 10, 1996, 110 Stat. 272, Sec. 452; 

renumbered Sec. 482, Pub. L. 104–201, div. A, title XI, Sec. 1121(a), Sept. 23, 1996, 110 Stat. 

2687; amended Pub. L. 105–85, div. A, title III, Sec. 322(a)(1), Nov. 18, 1997, 111 Stat. 1673; 

Pub. L. 106–65, div. A, title III, Sec. 361(d)(3), (e), Oct. 5, 1999, 113 Stat. 575; Pub. L. 110– 

181, div. A, title III, Sec. 351(b), Jan. 28, 2008, 122 Stat. 70.) 

§ 483. Reports on transfers from high-priority readiness appropriations 

(a) ANNUAL REPORTS.—Not later than the date on which the 

President submits the budget for a fiscal year to Congress pursuant 

to section 1105 of title 31, the Secretary of Defense shall submit 

to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and 

the Committee on Appropriations of the House of Representatives 
205 § 483 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

a report on transfers during the preceding fiscal year from funds 

available for each covered budget activity. 

(b) MIDYEAR REPORTS.—Not later than June 1 of each fiscal 

year, the Secretary of Defense shall submit to the congressional 

committees specified in subsection (a) a report on transfers, during 

the first six months of that fiscal year, from funds available for 

each covered budget activity. 

(c) MATTERS TO BE INCLUDED.—In each report under subsection (a) or (b), the Secretary of Defense shall include for each 

covered budget activity the following: 

(1) A statement, for the period covered by the report, of— 

(A) the total amount of transfers into funds available 

for that activity; 

(B) the total amount of transfers from funds available 

for that activity; and 

(C) the net amount of transfers into, or out of, funds 

available for that activity. 

(2) A detailed explanation of the transfers into, and out of, 

funds available for that activity during the period covered by 

the report, including identification of the sources from which 

funds were transferred into that activity and identification of 

the recipients of the funds transferred out of that activity. 

(d) COVERED BUDGET ACTIVITY DEFINED.—In this section, the 

term ‘‘covered budget activity’’ means each of the following: 

(1) The budget activity groups (known as ‘‘subactivities’’) 

within the Operating Forces budget activity of the annual Operation and Maintenance, Army, appropriation that are designated as follows: 

(A) All subactivities under the category of Land 

Forces. 

(B) Land Forces Depot Maintenance. 

(C) Base Support. 

(D) Maintenance of Real Property. 

(2) The Air Operations budget activity groups (known as 

‘‘subactivities’’) within the Operating Forces budget activity of 

the annual Operation and Maintenance, Navy, appropriation 

that are designated as follows: 

(A) Mission and Other Flight Operations. 

(B) Fleet Air Training. 

(C) Aircraft Depot Maintenance. 

(D) Base Support. 

(E) Maintenance of Real Property. 

(3) The Ship Operations budget activity groups (known as 

‘‘subactivities’’) within the Operating Forces budget activity of 

the annual Operation and Maintenance, Navy, appropriation 

that are designated as follows: 

(A) Mission and Other Ship Operations. 

(B) Ship Operational Support and Training. 

(C) Ship Depot Maintenance. 

(D) Base Support. 

(E) Maintenance of Real Property. 

(4) The Expeditionary Forces budget activity groups 

(known as ‘‘subactivities’’) within the Operating Forces budget 
§ 484 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 206 

activity of the annual Operation and Maintenance, Marine 

Corps, appropriation that are designated as follows: 

(A) Operational Forces. 

(B) Depot Maintenance. 

(C) Base Support. 

(D) Maintenance of Real Property. 

(5) The Air Operations and Combat Related Operations 

budget activity groups (known as ‘‘subactivities’’) within the 

Operating Forces budget activity of the annual Operation and 

Maintenance, Air Force, appropriation that are designated as 

follows: 

(A) Primary Combat Forces. 

(B) Primary Combat Weapons. 

(C) Air Operations Training. 

(D) Depot Maintenance. 

(E) Base Support. 

(F) Maintenance of Real Property. 

(G) Combat Enhancement Forces. 

(H) Combat Communications. 

(6) The Mobility Operations budget activity group (known 

as a ‘‘subactivity’’) within the Mobilization budget activity of 

the annual Operation and Maintenance, Air Force, appropriation that is designated as Airlift Operations. 

(Added Pub. L. 105–85, div. A, title III, Sec. 323(a), Nov. 18, 1997, 111 Stat. 1675; amended 

Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, Sec. 

1 [[div. A], title III, Sec. 372], Oct. 30, 2000, 114 Stat. 1654, 1654A–80.) 

§ 484. Annual report on aircraft inventory 

(a) ANNUAL REPORT.—The Under Secretary of Defense (Comptroller) shall submit to Congress each year a report on the aircraft 

in the inventory of the Department of Defense. The Under Secretary shall submit the report when the President submits the 

budget to Congress under section 1105(a) of title 31. 

(b) CONTENT.—The report shall set forth, in accordance with 

subsection (c), the following information: 

(1) The total number of aircraft in the inventory. 

(2) The total number of the aircraft in the inventory that 

are active, stated in the following categories (with appropriate 

subcategories for mission aircraft, training aircraft, dedicated 

test aircraft, and other aircraft): 

(A) Primary aircraft. 

(B) Backup aircraft. 

(C) Attrition and reconstitution reserve aircraft. 

(3) The total number of the aircraft in the inventory that 

are inactive, stated in the following categories: 

(A) Bailment aircraft. 

(B) Drone aircraft. 

(C) Aircraft for sale or other transfer to foreign governments. 

(D) Leased or loaned aircraft. 

(E) Aircraft for maintenance training. 

(F) Aircraft for reclamation. 

(G) Aircraft in storage. 
207 § 485 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

(4) The aircraft inventory requirements approved by the 

Joint Chiefs of Staff. 

(c) DISPLAY OF INFORMATION.—The report shall specify the information required by subsection (b) separately for the active component of each armed force and for each reserve component of each 

armed force and, within the information set forth for each such 

component, shall specify the information separately for each type, 

model, and series of aircraft provided for in the future-years defense program submitted to Congress. 

(Added Pub. L. 105–85, div. A, title III, Sec. 324(a)(1), Nov. 18, 1997, 111 Stat. 1677.) 

§ 485. Joint and service concept development and experimentation 

(a) BIENNIAL REPORTS REQUIRED.—Not later than January 1 of 

each even numbered-year, the Secretary of Defense or the Secretary’s designee shall submit to the congressional defense committees a report on the conduct and outcomes of joint and service concept development and experimentation. 

(b) MATTERS TO BE INCLUDED.—Each report under subsection 

(a) shall include the following: 

(1) A description of any changes since the latest report 

submitted under this section to each of the following: 

(A) The organization of the Department of Defense responsible for executing the mission of joint concept development and experimentation, or its specific authorities related to that mission. 

(B) The process for tasking forces (including forces 

designated as joint experimentation forces) to participate 

in joint concept development and experimentation, and the 

specific authority of the organization responsible for executing the mission of joint concept development and experimentation over those forces. 

(C) The resources provided for initial implementation 

of joint concept development and experimentation, the 

process for providing such resources to the organization responsible for executing the mission of joint concept development and experimentation, the categories of funding for 

joint concept development and experimentation, and the 

authority of the organization responsible for executing the 

mission of joint concept development and experimentation 

for budget execution for such activities. 

(D) The assigned role of the organization responsible 

for executing the mission of joint concept development and 

experimentation for— 

(i) integrating and testing in joint concept development and experimentation the systems that emerge 

from warfighting experimentation by the armed forces 

and the Defense Agencies; 

(ii) assessing the effectiveness of organizational 

structures, operational concepts, and technologies relating to joint concept development and experimentation; and 

(iii) assisting the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff in setting prior-
§ 485 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 208 

ities for requirements or acquisition programs in light 

of joint concept development and experimentation. 

(2) A description of the conduct of joint concept development and experimentation activities, and of concept development and experimentation activities of each of the military departments, during the two-year period ending on the date of 

such report, including— 

(A) the funding involved; 

(B) the number of activities engaged in; 

(C) the forces involved; 

(D) the national and homeland security challenges addressed; 

(E) the operational concepts assessed; 

(F) the technologies assessed; 

(G) the scenarios and measures of effectiveness utilized; and 

(H) specific interactions under such activities with the 

commanders of the combatant commands and with other 

organizations and entities inside and outside the Department. 

(3) A description of the conduct of joint concept development and experimentation, and of the conduct of concept development and experimentation by each of the military departments, during the two-year period ending on the date of such 

report with respect to the development of warfighting concepts 

for operational scenarios more than 10 years in the future, including— 

(A) the funding involved; 

(B) the number of activities engaged in; 

(C) the forces involved; 

(D) the challenges addressed; 

(E) the operational concepts assessed; 

(F) the technologies assessed; 

(G) the scenarios and measures of effectiveness utilized; and 

(H) specific interactions with the commanders of the 

combatant commands and with other organizations and 

entities inside and outside the Department. 

(4) A description of the mechanisms used to coordinate 

joint, service, interagency, Coalition, and other appropriate 

concept development and experimentation activities. 

(5) An assessment of the return on investment in concept 

development and experimentation activities, including a description of the following: 

(A) Specific outcomes and impacts within the Department of the results of past joint and service concept development and experimentation in terms of new doctrine, 

operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources, or in activities that terminated support for legacy concepts, programs, or systems. 

(B) Specific actions taken to implement the recommendations of the Commander of United States Joint 
209 § 486 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

Forces Command based on joint concept development and 

experimentation activities. 

(6) Such recommendations (based primarily on the results 

of joint and service concept development and experimentation) 

as the Secretary considers appropriate for enhancing the development of joint warfighting capabilities by modifying activities 

throughout the Department relating to— 

(A) the development or acquisition of specific advanced 

technologies, systems, or weapons or systems platforms; 

(B) key systems attributes and key performance parameters for the development or acquisition of advanced 

technologies and systems; 

(C) joint or service doctrine, organization, training, 

materiel, leadership development, personnel, or facilities; 

(D) the reduction or elimination of redundant equipment and forces, including the synchronization of the development and fielding of advanced technologies among 

the armed forces to enable the development and execution 

of joint operational concepts; and 

(E) the development or modification of initial capabilities documents, operational requirements, and relative priorities for acquisition programs to meet joint requirements. 

(7) With respect to improving the effectiveness of joint concept development and experimentation capabilities, such recommendations (based primarily on the results of joint 

warfighting experimentation) as the Secretary considers appropriate regarding— 

(A) the conduct of, adequacy of resources for, or development of technologies to support such capabilities; and 

(B) changes in support from other elements of the Department responsible for concept development and experimentation by joint or service organizations. 

(8) The coordination of the concept development and experimentation activities of the Commander of the United 

States Joint Forces Command with the activities of the Commander of the North Atlantic Treaty Organization Supreme Allied Command Transformation. 

(9) Any other matters that the Secretary consider appropriate. 

(c) COORDINATION AND SUPPORT.—The Secretary of Defense 

shall ensure that the Secretaries of the military departments and 

the heads of other appropriate elements of the Department of Defense provide such information and support as is required for the 

preparation of the reports required by this section. 

(Added Pub. L. 105–261, div. A, title IX, Sec. 923(b)(1), Oct. 17, 1998, 112 Stat. 2105; amended 

Pub. L. 106–65, div. A, title IX, Sec. 931, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 726, 774; 

Pub. L. 107–107, div. A, title IX, Sec. 922, Dec. 28, 2001, 115 Stat. 1198; Pub. L. 110–417, [div. 

A], title II, Sec. 241(a), Oct. 14, 2008, 122 Stat. 4395.) 

§ 486. Quadrennial report on emerging operational concepts 

(a) QUADRENNIAL REPORT REQUIRED.—Not later than March 1 

of each year evenly divisible by four, the Secretary of Defense shall 

submit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives a 

report on emerging operational concepts. Each such report shall be 
§ 487 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 210 

prepared by the Secretary in consultation with the Chairman of the 

Joint Chiefs of Staff. 

(b) CONTENT OF REPORT RELATING TO DOD PROCESSES.—Each 

such report shall contain a description, for the four years preceding 

the year in which the report is submitted, of the following: 

(1) The process undertaken in the Department of Defense, 

and in each of the Army, Navy, Air Force, and Marine Corps, 

to define and develop doctrine, operational concepts, organizational concepts, and acquisition strategies to address— 

(A) the potential of emerging technologies for significantly improving the operational effectiveness of the 

armed forces; 

(B) changes in the international order that may necessitate changes in the operational capabilities of the armed 

forces; 

(C) emerging capabilities of potential adversary states; 

and 

(D) changes in defense budget projections. 

(2) The manner in which the processes described in paragraph (1) are harmonized to ensure that there is a sufficient 

consideration of the development of joint doctrine, operational 

concepts, and acquisition strategies. 

(3) The manner in which the processes described in paragraph (1) are coordinated through the Joint Requirements 

Oversight Council and reflected in the planning, programming, 

and budgeting process of the Department of Defense. 

(c) CONTENT OF REPORT RELATING TO IDENTIFICATION OF TECH- NOLOGICAL OBJECTIVES FOR RESEARCH AND DEVELOPMENT.—Each 

report under this section shall set forth the military capabilities 

that are necessary for meeting national security requirements over 

the next two to three decades, including— 

(1) the most significant strategic and operational capabilities (including both armed force-specific and joint capabilities) 

that are necessary for the armed forces to prevail against the 

most dangerous threats, including asymmetrical threats, that 

could be posed to the national security interests of the United 

States by potential adversaries from 20 to 30 years in the future; 

(2) the key characteristics and capabilities of future military systems (including both armed force-specific and joint systems) that will be needed to meet each such threat; and 

(3) the most significant research and development challenges that must be met, and the technological breakthroughs 

that must be made, to develop and field such systems. 

(Added Pub. L. 106–65, div. A, title II, Sec. 241(a)(1), Oct. 5, 1999, 113 Stat. 549.) 

§ 487. Unit operations tempo and personnel tempo: annual 

report 

(a) INCLUSION IN ANNUAL REPORT.—The Secretary of Defense 

shall include in the annual report required by section 113(c) of this 

title a description of the operations tempo and personnel tempo of 

the armed forces. 

(b) SPECIFIC REQUIREMENTS.—(1) Until such time as the Secretary of Defense develops a common method to measure oper-
211 § 487 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

ations tempo and personnel tempo for the armed forces, the description required under subsection (a) shall include the methods 

by which each of the armed forces measures operations tempo and 

personnel tempo. 

(2) The description shall include the personnel tempo policies 

of each of the armed forces and any changes to these policies since 

the preceding report. 

(3) The description shall include a table depicting the active 

duty end strength for each of the armed forces for each of the preceding five years and also depicting the number of members of each 

of the armed forces deployed over the same period, as determined 

by the Secretary concerned. 

(4) The description shall identify the active and reserve component units of the armed forces participating at the battalion, squadron, or an equivalent level (or a higher level) in contingency operations, major training events, and other exercises and contingencies of such a scale that the exercises and contingencies receive 

an official designation, that were conducted during the period covered by the report and the duration of their participation. 

(5) For each of the armed forces, the description shall indicate, 

for the period covered by the report— 

(A) the number of members who received the high-deployment allowance under section 436 of title 37; 

(B) the number of members who received each rate of allowance paid; 

(C) the number of members who received the allowance for 

one month, for two months, for three months, for four months, 

for five months, for six months, and for more than six months; 

and 

(D) the total amount spent on the allowance. 

(6) For each of the armed forces, the description shall indicate 

the number of days that high demand, low density units (as defined by the Chairman of the Joint Chiefs of Staff) were deployed 

during the period covered by the report, and whether these units 

met the force goals for limiting deployments, as described in the 

personnel tempo policies applicable to that armed force. 

(c) OPERATIONS TEMPO AND PERSONNEL TEMPO DEFINED.— 

Until such time as the Secretary of Defense establishes definitions 

of operations tempo and personnel tempo applicable to all of the 

armed forces, the following definitions shall apply for purposes of 

the preparation of the description required under subsection (a): 

(1) The term ‘‘operations tempo’’ means the rate at which 

units of the armed forces are involved in all military activities, 

including contingency operations, exercises, and training deployments. 

(2) The term ‘‘personnel tempo’’ means the amount of time 

members of the armed forces are engaged in their official duties, including official duties at a location or under circumstances that make it infeasible for a member to spend offduty time in the housing in which the member resides when 

on garrison duty at the member’s permanent duty station. 

(d) INAPPLICABILITY TO COAST GUARD.—In this section, the 

term ‘‘armed forces’’ does not include the Coast Guard when it is 

not operating as a service in the Department of the Navy. 
§ 488 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 212 

(Added Pub. L. 106–65, div. A, title IX, Sec. 923(b)(1), Oct. 5, 1999, 113 Stat. 724; amended Pub. 

L. 108–136, div. A, title V, Sec. 541(c), Nov. 24, 2003, 117 Stat. 1477; Pub. L. 108–375, div. A, 

title X, Sec. 1084(d)(4), Oct. 28, 2004, 118 Stat. 2061.) 

§ 488. Management of electromagnetic spectrum: biennial 

strategic plan 

(a) REQUIREMENT FOR STRATEGIC PLAN.—Every other year, and 

in time for submission to Congress under subsection (b), the Secretary of Defense shall prepare a strategic plan for the management of the electromagnetic spectrum to ensure the accessibility 

and efficient use of that spectrum needed to support the mission 

of the Department of Defense. 

(b) SUBMISSION OF PLAN TO CONGRESS.—The Secretary of Defense shall submit to Congress the strategic plan most recently prepared under subsection (a) at the same time that the President 

submits to Congress the budget for an even-numbered fiscal year 

under section 1105(a) of title 31. 

(Added Pub. L. 108–136, div. A, title X, Sec. 1054(a), Nov. 24, 2003, 117 Stat. 1615.) 

§ 489. Annual report on Department of Defense operation 

and financial support for military museums 

(a) REPORT REQUIRED.—As part of the budget materials submitted to Congress in connection with the submission of the budget 

for a fiscal year pursuant to section 1105 of title 31, but in no case 

later than March 15 of each year, the Secretary of Defense shall 

submit a report identifying all military museums that, during the 

most recently completed fiscal year— 

(1) were operated by the Secretary of Defense or the Secretary of a military department; 

(2) were otherwise supported using funds appropriated to 

the Department of Defense; or 

(3) were located on property under the jurisdiction of the 

Department of Defense, although neither operated by the Department of Defense nor supported using funds appropriated to 

the Department of Defense. 

(b) INFORMATION ON INDIVIDUAL MUSEUMS.—For each museum 

identified in a report under this section, the Secretary of Defense 

shall include in the report the following: 

(1) The purpose and functions of the museum and the justification for the museum. 

(2) A description of the facilities dedicated to the museum, 

including the location, size, and type of facilities and whether 

the facilities are included or eligible for inclusion on the National Register of Historic Places. 

(3) An itemized listing of the funds appropriated to the Department of Defense that were obligated to support the museum during the fiscal year covered by the report and a description of the process used to determine the annual allocation 

of Department of Defense funds for the museum. 

(4) An itemized listing of any other Federal funds, funds 

from a nonappropriated fund instrumentality account of the 

Department of Defense, and non-Federal funds obligated to 

support the museum. 

(5) The management structure of the museum, including 

identification of the persons responsible for preparing the 
213 § 490 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 

budget for the museum and for making acquisition and management decisions for the museum. 

(6) The number of civilian employees of the Department of 

Defense and members of the armed forces who served full-time 

or part-time at the museum and their role in the management 

structure of the museum. 

(c) INFORMATION ON SUPPORT PRIORITIES.—Each report under 

this section shall also include a separate description of the procedures used by the Secretary of Defense, in the case of museums 

identified in the report that are operated or supported by the Secretary of Defense, and the Secretary of a military department, in 

the case of museums identified in the report that are operated or 

supported by that Secretary, to prioritize funding and personnel 

support to the museums. The Secretary of Defense shall include a 

description of any such procedures applicable to the entire Department of Defense. 

(Added Pub. L. 108–375, div. A, title X, Sec. 1033(a), Oct. 28, 2004, 118 Stat. 2047.) 

§ 490. Space cadre management: biennial report 

(a) REQUIREMENT.—The Secretary of Defense and each Secretary of a military department shall develop metrics and use these 

metrics to identify, track, and manage space cadre personnel within the Department of Defense to ensure the Department has sufficient numbers of personnel with the expertise, training, and experience to meet current and future national security space needs. 

(b) BIENNIAL REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than July 28 of every evennumbered year, the Secretary of Defense shall submit to the 

congressional defense committees a report on the management 

of the space cadre. 

(2) MATTERS INCLUDED.—The report required by paragraph (1) shall include— 

(A) the number of active duty, reserve duty, and government civilian space-coded billets that— 

(i) are authorized or permitted to be maintained 

for each military department and defense agency; 

(ii) are needed or required for each military department and defense agency for the year in which the 

submission of the report is required; and 

(iii) are needed or required for each military department and defense agency for each of the five years 

following the date of the submission of the report; 

(B) the actual number of active duty, reserve duty, 

and government civilian personnel that are coded or classified as space cadre personnel within the Department of 

Defense, including the military departments and defense 

agencies; 

(C) the number of personnel recruited or hired as accessions to serve in billets coded or classified as space 

cadre personnel for each military department and defense 

agency; 

(D) the number of personnel serving in billets coded or 

classified as space cadre personnel that discontinued serv-
§ 490 CH. 23—MISCELLANEOUS STUDIES AND REPORTS 214 

ing each military department and defense agency during 

the preceding calendar year; 

(E) for each of the reporting requirements in subparagraphs (A) through (D), further classification of the number of personnel by— 

(i) space operators, acquisition personnel, engineers, scientists, program managers, and other spacerelated areas identified by the Department; 

(ii) expertise or technical specialization area— 

(I) such as communications, missile warning, 

spacelift, and any other space-related specialties 

identified by the Department or classifications 

used by the Department; and 

(II) consistent with section 1721 of this title 

for acquisition personnel; 

(iii) rank for active duty and reserve duty personnel and grade for government civilian personnel; 

(iv) qualification, expertise, or proficiency level 

consistent with service and agency-defined qualification, expertise, or proficiency levels; and 

(v) any other such space-related classification categories used by the Department or military departments; and 

(F) any other metrics identified by the Department to 

improve the identification, tracking, training, and management of space cadre personnel. 

(3) ASSESSMENTS.—The report required by paragraph (1) 

shall also include the Secretary’s assessment of the state of the 

Department’s space cadre, the Secretary’s assessment of the 

space cadres of the military departments, and a description of 

efforts to ensure the Department has a space cadre sufficient 

to meet current and future national security space needs. 

(Added Pub. L. 110–181, div. A, title IX, Sec. 912(a), Jan. 28, 2008, 122 Stat. 280; amended Pub. 

L. 111–84, div. A, title X, Sec. 1073(a)(6), Oct. 28, 2009, 123 Stat. 2472.) 
215 

PART II—PERSONNEL 

Chap. Sec. 

31. Enlistments ..................................................................... 501

32. Officer Strength and Distribution in Grade ................. 521

33. Original Appointments of Regular Officers in Grades 

Above Warrant Officer Grades ................................... 531

33A. Appointment, Promotion, and Involuntary Separation 

and Retirement for Members on the Warrant Officer Active-Duty List .................................................... 571

34. Appointments as Reserve Officers ................................. 591

35. Temporary Appointments in Officer Grades ................ 601

36. Promotion, Separation, and Involuntary Retirement 

of Officers on the Active-Duty List ............................ 611

37. General Service Requirements ...................................... 651

38. Joint Officer Management .............................................. 661

39. Active Duty ...................................................................... 671

40. Leave ................................................................................ 701

41. Special Appointments, Assignments, Details, and 

Duties ........................................................................... 711

43. Rank and Command ....................................................... 741

45. The Uniform .................................................................... 771

47. Uniform Code of Military Justice .................................. 801

47A. Military Commissions ..................................................... 948a 

48. Military Correctional Facilities ...................................... 951

49. Miscellaneous Prohibitions and Penalties .................... 971

50. Miscellaneous Command Responsibilities .................... 991

51. Reserve Components: Standards and Procedures for 

Retention and Promotion ............................................ 1001

53. Miscellaneous Rights and Benefits ................................ 1030

54. Commissary and Exchange Benefits ............................. 1061

55. Medical and Dental Care ............................................... 1071

56. Department of Defense Medicare-Eligible Retiree 

Health Care Fund ....................................................... 1111

57. Decorations and Awards ................................................. 1121

58. Benefits and Services for Members Being Separated 

or Recently Separated ................................................. 1141

59. Separation ....................................................................... 1161

60. Separation of Regular Officers for Substandard Performance of Duty or for Certain Other Reasons ....... 1181

61. Retirement or Separation for Physical Disability ........ 1201

63. Retirement for Age ......................................................... 1251

65. Retirement of Warrant Officers for Length of Service 1293

67. Retired Pay for Non-Regular Service ............................ 1331

69. Retired Grade .................................................................. 1370

71. Computation of Retired Pay ........................................... 1401

73. Annuities Based on Retired or Retainer Pay ............... 1431
216 

74. Department of Defense Military Retirement Fund ...... 1461

75. Deceased Personnel ........................................................ 1471

76. Missing Persons .............................................................. 1501

77. Posthumous Commissions and Warrants ..................... 1521

79. Correction of Military Records ....................................... 1551

80. Miscellaneous Investigation Requirements and Other 

Duties ........................................................................... 1561

81. Civilian Employees ......................................................... 1580

83. Civilian Defense Intelligence Employees ...................... 1601

[85. Repealed.] 

87. Defense Acquisition Workforce ...................................... 1701

88. Military Family Programs and Military Child Care .... 1781

[89. Repealed.] 
217 

CHAPTER 31—ENLISTMENTS 

Sec. 

501. Definition. 

502. Enlistment oath: who may administer. 

503. Enlistments: recruiting campaigns; compilation of directory information. 

504. Persons not qualified. 

505. Regular components: qualifications, term, grade. 

506. Regular components: extension of enlistments during war. 

507. Extension of enlistment for members needing medical care or hospitalization. 

508. Reenlistment: qualifications. 

509. Voluntary extension of enlistments: periods and benefits. 

510. Enlistment incentives for pursuit of skills to facilitate national service. 

511. College First Program. 

[512. Renumbered.] 

513. Enlistments: Delayed Entry Program. 

514. Bounties prohibited; substitutes prohibited. 

515. Reenlistment after discharge as warrant officer. 

516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman. 

517. Authorized daily average: members in pay grades E–8 and E–9. 

518. Temporary enlistments. 

519. Temporary enlistments: during war or emergency. 

520. Limitation on enlistment and induction of persons whose score on the 

Armed Forces Qualification Test is below a prescribed level. 

[520a. Repealed.] 

520b. Applicants for enlistment: authority to use funds for the issue of authorized 

articles. 

520c. Recruiting functions: provision of meals and refreshments. 

§ 501. Definition 

In this chapter ‘‘enlistment’’ means original enlistment or reenlistment. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 753.) 

§ 502. Enlistment oath: who may administer 

(a) ENLISTMENT OATH.—Each person enlisting in an armed 

force shall take the following oath: 

‘‘I, llllllllllll, do solemnly swear (or affirm) 

that I will support and defend the Constitution of the United 

States against all enemies, foreign and domestic; that I will 

bear true faith and allegiance to the same; and that I will obey 

the orders of the President of the United States and the orders 

of the officers appointed over me, according to regulations and 

the Uniform Code of Military Justice. So help me God.’’ 

(b) WHO MAY ADMINISTER.—The oath may be taken before the 

President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations 

prescribed by the Secretary of Defense. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 17, Sec. 501; Pub. L. 87–751, Sec. 1, Oct. 5, 1962, 76 Stat. 

748; renumbered Sec. 502, Pub. L. 90–235, Sec. 2(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; Pub. L. 

101–189, div. A, title VI, Sec. 653(a)(1), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 109–364, div. 

A, title V, Sec. 595(a), Oct. 17, 2006, 120 Stat. 2235.) 
§ 503 CH. 31—ENLISTMENTS 218 

§ 503. Enlistments: recruiting campaigns; compilation of directory information 

(a) RECRUITING CAMPAIGNS.—(1) The Secretary concerned shall 

conduct intensive recruiting campaigns to obtain enlistments in the 

Regular Army, Regular Navy, Regular Air Force, Regular Marine 

Corps, and Regular Coast Guard. 

(2) The Secretary of Defense shall act on a continuing basis to 

enhance the effectiveness of recruitment programs of the Department of Defense (including programs conducted jointly and programs conducted by the separate armed forces) through an aggressive program of advertising and market research targeted at prospective recruits for the armed forces and those who may influence 

prospective recruits. Subchapter I of chapter 35 of title 44 shall not 

apply to actions taken as part of that program. 

(b) COMPILATION OF DIRECTORY INFORMATION.—(1) The Secretary of Defense may collect and compile directory information 

pertaining to each student who is 17 years of age or older or in the 

eleventh grade (or its equivalent) or higher and who is enrolled in 

a secondary school in the United States or its territories, possessions, or the Commonwealth of Puerto Rico. 

(2) The Secretary may make directory information collected 

and compiled under this subsection available to the armed forces 

for military recruiting purposes. Such information may not be disclosed for any other purpose. 

(3) Directory information pertaining to any person may not be 

maintained for more than 3 years after the date the information 

pertaining to such person is first collected and compiled under this 

subsection. 

(4) Directory information collected and compiled under this 

subsection shall be confidential, and a person who has had access 

to such information may not disclose such information except for 

the purposes described in paragraph (2). 

(5) The Secretary of Defense shall prescribe regulations to 

carry out this subsection. Regulations prescribed under this subsection shall be submitted to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives. Regulations prescribed by the Secretaries concerned to carry out this subsection shall be as uniform as practicable. 

(6) Nothing in this subsection shall be construed as requiring, 

or authorizing the Secretary of Defense to require, that any educational institution furnish directory information to the Secretary. 

(c) ACCESS TO SECONDARY SCHOOLS.—(1)(A) Each local educational agency receiving assistance under the Elementary and 

Secondary Education Act of 1965— 

(i) shall provide to military recruiters the same access to 

secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of 

those students; and 

(ii) shall, upon a request made by military recruiters for 

military recruiting purposes, provide access to secondary school 

student names, addresses, and telephone listings, notwith-
219 § 503 CH. 31—ENLISTMENTS 

standing section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)). 

(B) A local educational agency may not release a student’s 

name, address, and telephone listing under subparagraph (A)(ii) 

without the prior written consent of a parent of the student if the 

student, or a parent of the student, has submitted a request to the 

local educational agency that the student’s information not be released for a purpose covered by that subparagraph without prior 

written parental consent. Each local educational agency shall notify 

parents of the rights provided under the preceding sentence. 

(2) If a local educational agency denies a request by the Department of Defense for recruiting access, the Secretary of Defense, 

in cooperation with the Secretary of the military department concerned, shall designate an officer in a grade not below the grade 

of colonel or, in the case of the Navy, captain, or a senior executive 

of that military department to meet with representatives of that 

local educational agency in person, at the offices of that agency, for 

the purpose of arranging for recruiting access. The designated officer or senior executive shall seek to have that meeting within 120 

days of the date of the denial of the request for recruiting access. 

(3) If, after a meeting under paragraph (2) with representatives of a local educational agency that has denied a request for recruiting access or (if the educational agency declines a request for 

the meeting) after the end of such 120-day period, the Secretary of 

Defense determines that the agency continues to deny recruiting 

access, the Secretary shall transmit to the chief executive of the 

State in which the agency is located a notification of the denial of 

recruiting access and a request for assistance in obtaining that access. The notification shall be transmitted within 60 days after the 

date of the determination. The Secretary shall provide to the Secretary of Education a copy of such notification and any other communication between the Secretary and that chief executive with respect to such access. 

(4) If a local educational agency continues to deny recruiting 

access one year after the date of the transmittal of a notification 

regarding that agency under paragraph (3), the Secretary— 

(A) shall determine whether the agency denies recruiting 

access to at least two of the armed forces (other than the Coast 

Guard when it is not operating as a service in the Navy); and 

(B) upon making an affirmative determination under subparagraph (A), shall transmit a notification of the denial of recruiting access to— 

(i) the specified congressional committees; 

(ii) the Senators of the State in which the local educational agency is located; and 

(iii) the member of the House of Representatives who 

represents the district in which the local educational agency is located. 

(5) The requirements of this subsection do not apply to a private secondary school that maintains a religious objection to service in the armed forces and which objection is verifiable through 

the corporate or other organizational documents or materials of 

that school. 

(6) In this subsection: 
§ 504 CH. 31—ENLISTMENTS 220 

(A) The term ‘‘local educational agency’’ means— 

(i) a local educational agency, within the meaning of 

that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and 

(ii) a private secondary school. 

(B) The term ‘‘recruiting access’’ means access requested as 

described in paragraph (1). 

(C) The term ‘‘senior executive’’ has the meaning given 

that term in section 3132(a)(3) of title 5. 

(D) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the 

Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic 

of the Marshall Islands, and the Republic of Palau. 

(E) The term ‘‘specified congressional committees’’ means 

the following: 

(i) The Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the 

Senate. 

(ii) The Committee on Armed Services and the Committee on Education and the Workforce of the House of 

Representatives. 

(F) The term ‘‘member of the House of Representatives’’ includes a Delegate or Resident Commissioner to Congress. 

(d) DIRECTORY INFORMATION DEFINED.—In this section, the 

term ‘‘directory information’’ has the meaning given that term in 

subsection (a)(5)(A) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g). 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 97–252, title 

XI, Sec. 1114(b)(1), (2), Sept. 8, 1982, 96 Stat. 749; Pub. L. 104–106, div. A, title XV, Sec. 

1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title V, Sec. 571, title X, Sec. 

1067(1), Oct. 5, 1999, 113 Stat. 622, 774; Pub. L. 106–398, Sec. 1[[div. A], title V, Secs. 562, 

563(a)–(c)], Oct. 30, 2000, 114 Stat. 1654A–131 to 1654A–133; Pub. L. 107–107, div. A, title V, 

Sec. 544(a), title X, Sec. 1048(a)(5)(A), Dec. 28, 2001, 115 Stat. 1112, 1222; Pub. L. 108–136, 

div. A, title V, Sec. 543, Nov. 24, 2003, 117 Stat. 1478; Pub. L. 108–375, div. A, title X, Sec. 

1084(d)(5), Oct. 28, 2004, 118 Stat. 2061.) 

§ 504. Persons not qualified 

(a) INSANITY, DESERTION, FELONS, ETC.—No person who is insane, intoxicated, or a deserter from an armed force, or who has 

been convicted of a felony, may be enlisted in any armed force. 

However, the Secretary concerned may authorize exceptions, in 

meritorious cases, for the enlistment of deserters and persons convicted of felonies. 

(b) CITIZENSHIP OR RESIDENCY.—(1) A person may be enlisted 

in any armed force only if the person is one of the following: 

(A) A national of the United States, as defined in section 

101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(22)). 

(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(20)). 

(C) A person described in section 341 of one of the following compacts: 

(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section 
221 § 505 CH. 31—ENLISTMENTS 

201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C. 

1921 note)). 

(ii) The Compact of Free Association between the Republic of the Marshall Islands and the United States (section 201(b) of Public Law 108–188 (117 Stat. 2823; 48 

U.S.C. 1921 note)). 

(iii) The Compact of Free Association between Palau 

and the United States (section 201 of Public Law 99–658 

(100 Stat. 3678; 48 U.S.C. 1931 note)). 

(2) Notwithstanding paragraph (1), the Secretary concerned 

may authorize the enlistment of a person not described in paragraph (1) if the Secretary determines that such enlistment is vital 

to the national interest. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 109–163, 

div. A, title V, Sec. 542(a), Jan. 6, 2006, 119 Stat. 3253.) 

§ 505. Regular components: qualifications, term, grade 

(a) The Secretary concerned may accept original enlistments in 

the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age nor more than forty-two years of age. However, 

no person under eighteen years of age may be originally enlisted 

without the written consent of his parent or guardian, if he has a 

parent or guardian entitled to his custody and control. 

(b) A person is enlisted in the Regular Army, Regular Navy, 

Regular Air Force, Regular Marine Corps, or Regular Coast Guard 

in the grade or rating prescribed by the Secretary concerned. 

(c) The Secretary concerned may accept original enlistments of 

persons for the duration of their minority or for a period of at least 

two but not more than eight years, in the Regular Army, Regular 

Navy, Regular Air Force, Regular Marine Corps, or Regular Coast 

Guard, as the case may be. 

(d)(1) The Secretary concerned may accept a reenlistment in 

the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for a period determined under this subsection. 

(2) In the case of a member who has less than 10 years of service in the armed forces as of the day before the first day of the period for which reenlisted, the period for which the member reenlists 

shall be at least two years but not more than eight years. 

(3) In the case of a member who has at least 10 years of service in the armed forces as of the day before the first day of the period for which reenlisted, the Secretary concerned may accept a reenlistment for either— 

(A) a specified period of at least two years but not more 

than eight years; or 

(B) an unspecified period. 

(4) No enlisted member is entitled to be reenlisted for a period 

that would expire before the end of the member’s current enlistment. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754; amended Pub. L. 93–290, May 

24, 1974, 88 Stat. 173; Pub. L. 95–485, title VIII, Sec. 820(a), Oct. 20, 1978, 92 Stat. 1627; Pub. 

L. 98–94, title X, Sec. 1023, Sept. 24, 1983, 97 Stat. 671; Pub. L. 104–201, div. A, title V, Sec. 
§ 506 CH. 31—ENLISTMENTS 222 

511, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 109–163, div. A, title V, Secs. 543, 544, Jan. 6, 2006, 

119 Stat. 3253; Pub. L. 110–417, [div. A], title V, Sec. 531(a), Oct. 14, 2008, 122 Stat. 4449.) 

§ 506. Regular components: extension of enlistments during 

war 

An enlistment in the Regular Army, Regular Navy, Regular 

Air Force, Regular Marine Corps, or Regular Coast Guard in effect 

at the beginning of a war, or entered into during a war, unless 

sooner terminated by the President, continues in effect until six 

months after the termination of that war. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.) 

§ 507. Extension of enlistment for members needing medical 

care or hospitalization 

(a) An enlisted member of an armed force on active duty whose 

term of enlistment expires while he is suffering from disease or injury incident to service and not due to his misconduct, and who 

needs medical care or hospitalization, may be retained on active 

duty, with his consent, until he recovers to the extent that he is 

able to meet the physical requirements for reenlistment, or it is determined that recovery to that extent is impossible. 

(b) This section does not prevent the retention in service, without his consent, of an enlisted member of an armed force under section 972 of this title. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.) 

§ 508. Reenlistment: qualifications 

(a) No person whose service during his last term of enlistment 

was not honest and faithful may be reenlisted in an armed force. 

However, the Secretary concerned may authorize the reenlistment 

in the armed force under his jurisdiction of such a person if his 

conduct after that service has been good. 

(b) A person discharged from a Regular component may be reenlisted in the Regular Army, Regular Navy, Regular Air Force, 

Regular Marine Corps, or Regular Coast Guard, as the case may 

be, under such regulations as the Secretary concerned may prescribe. 

(c) This section does not deprive a person of any right to be reenlisted in the Regular Army, Regular Navy, Regular Air Force, 

Regular Marine Corps, or Regular Coast Guard under any other 

provision of law. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) 

§ 509. Voluntary extension of enlistments: periods and benefits 

(a) Under such regulations as the Secretary concerned may 

prescribe, the term of enlistment of a member of an armed force 

may be extended or reextended with his written consent for any period. However, the total of all such extensions of an enlistment may 

not exceed four years. 

(b) When a member is discharged from an enlistment that has 

been extended under this section, he has the same rights, privileges, and benefits that he would have if discharged at the same 

time from an enlistment not so extended. 
223 § 510 CH. 31—ENLISTMENTS 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) 

§ 510. Enlistment incentives for pursuit of skills to facilitate 

national service 

(a) ENLISTMENT INCENTIVE PROGRAM.—The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call 

to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the 

period ending on December 31, 2007, and may be carried out after 

that date. 

(b) NATIONAL CALL TO SERVICE PARTICIPANT.—In this section, 

the term ‘‘National Call to Service participant’’ means a person who 

has not previously served in the armed forces who enters into an 

original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may 

be prescribed by that Secretary) under which the person agrees to 

perform a period of national service as specified in subsection (c). 

(c) NATIONAL SERVICE.—The total period of national service to 

which a National Call to Service participant is obligated under the 

agreement under this section shall be specified in the agreement. 

Under the agreement, the participant shall— 

(1) upon completion of initial entry training (as prescribed 

by the Secretary of Defense), serve on active duty in a military 

occupational specialty designated by the Secretary of Defense 

under subsection (d) for a period of 15 months; 

(2) upon completion of the period of active duty specified 

in paragraph (1) and without a break in service, serve either 

(A) an additional period of active duty as determined by the 

Secretary of Defense, or (B) a period of 24 months in an active 

status in the Selected Reserve; and 

(3) upon completion of the period of service specified in 

paragraph (2), and without a break in service, serve the remaining period of obligated service specified in the agreement— 

(A) on active duty in the armed forces; 

(B) in the Selected Reserve; 

(C) in the Individual Ready Reserve; 

(D) in Americorps or another domestic national service 

program jointly designated by the Secretary of Defense 

and the head of such program for purposes of this section; 

or 

(E) in any combination of service referred to in subparagraphs (A) through (D) that is approved by the Secretary of the military department concerned pursuant to 

regulations prescribed by the Secretary of Defense and 

specified in the agreement. 

(d) DESIGNATED MILITARY OCCUPATIONAL SPECIALTIES.—The 

Secretary of Defense shall designate military occupational specialties for purposes of subsection (c)(1). Such military occupational 

specialties shall be military occupational specialties that, as determined by the Secretary, will facilitate pursuit of national service by 

National Call to Service participants and shall include military occupational specialties for enlistments for officer training and subse-
§ 510 CH. 31—ENLISTMENTS 224 

quent service as an officer, in cases in which the reason for the enlistment and entry into an agreement under subsection (b) is to 

enter an officer training program. 

(e) INCENTIVES.—The incentives specified in this subsection are 

as follows: 

(1) Payment of a bonus in the amount of $5,000. 

(2) Payment in an amount not to exceed $18,000 of outstanding principal and interest on qualifying student loans of 

the National Call to Service participant. 

(3) Entitlement to an allowance for educational assistance 

at the monthly rate equal to the monthly rate payable for basic 

educational assistance allowances under section 3015(a)(1) of 

title 38 for a total of 12 months. 

(4) Entitlement to an allowance for educational assistance 

at the monthly rate equal to 50 percent of the monthly rate 

payable for basic educational assistance allowances under section 3015(b)(1) of title 38 for a total of 36 months. 

(f) ELECTION OF INCENTIVE.—A National Call to Service participant shall elect in the agreement under subsection (b) which incentive under subsection (e) to receive. An election under this subsection is irrevocable. 

(g) PAYMENT OF BONUS AMOUNTS.—(1) Payment to a National 

Call to Service participant of the bonus elected by the National 

Call to Service participant under subsection (e)(1) shall be made in 

such time and manner as the Secretary of Defense shall prescribe. 

(2)(A) Payment of outstanding principal and interest on the 

qualifying student loans of a National Call to Service participant, 

as elected under subsection (e)(2), shall be made in such time and 

manner as the Secretary of Defense shall prescribe. 

(B) Payment under this paragraph of the outstanding principal 

and interest on the qualifying student loans of a National Call to 

Service participant shall be made to the holder of such student 

loans, as identified by the National Call to Service participant to 

the Secretary of the military department concerned for purposes of 

such payment. 

(3) Payment of a bonus or incentive in accordance with this 

subsection shall be made by the Secretary of the military department concerned. 

(h) COORDINATION WITH MONTGOMERY GI BILL BENEFITS.— 

(1)(A) Subject to subparagraph (B), a National Call to Service participant who elects an incentive under paragraph (3) or (4) of subsection (e) is not entitled to additional educational assistance under 

chapter 1606 of this title or to basic educational assistance under 

subchapter II of chapter 30 of title 38. 

(B) If a National Call to Service participant meets all eligibility 

requirements specified in chapter 1606 of this title or chapter 30 

of title 38 for entitlement to allowances for educational assistance 

under either such chapter, the participant may become eligible for 

allowances for educational assistance benefits under either such 

chapter up to the maximum allowance provided less the total 

amount of allowance paid under paragraph (3) or (4) of subsection 

(e). 

(2)(A) Educational assistance under paragraphs (3) or (4) of 

subsection (e) shall be provided through the Department of Vet-
225 § 510 CH. 31—ENLISTMENTS 

erans Affairs under an agreement to be entered into by the Secretary of Defense and the Secretary of Veterans Affairs. The agreements shall include administrative procedures to ensure the 

prompt and timely transfer of funds from the Secretary concerned 

to the Secretary of Veterans Affairs for the making of payments 

under this section. 

(B) Except as otherwise provided in this section, the provisions 

of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 

3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, 

and 3692) shall be applicable to the provision of educational assistance under this chapter. The term ‘‘eligible veteran’’ and the term 

‘‘person’’, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this section to refer 

to a person eligible for educational assistance under paragraph (3) 

or (4) of subsection (e). 

(3)(A) Except as provided in paragraph (1), nothing in this section shall prohibit a National Call to Service participant who satisfies through service under subsection (c) the eligibility requirements for educational assistance under chapter 1606 of this title or 

basic educational assistance under chapter 30 of title 38 from an 

entitlement to such educational assistance under chapter 1606 of 

this title or basic educational assistance under chapter 30 of title 

38, as the case may be. 

(B)(i) A participant who made an election not to receive educational assistance under either such chapter at the applicable time 

specified under law or who was denied the opportunity to make an 

election may revoke that election or make an initial election, as the 

case may be, at such time and in such manner as the Secretary 

concerned may specify. A revocation or initial election under the 

preceding sentence is irrevocable. 

(ii) The participant making a revocation or initial election 

under clause (i) shall be eligible for educational assistance under 

either such chapter at such time as the participant satisfies 

through service the applicable eligibility requirements under either 

such chapter. 

(i) REPAYMENT.—If a National Call to Service participant who 

has entered into an agreement under subsection (b) and received 

or benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified in 

the agreement, the National Call to Service participant shall be 

subject to the repayment provisions of section 303a(e) of title 37. 

(j) FUNDING.—(1) Amounts for the payment of incentives under 

paragraphs (1) and (2) of subsection (e) shall be derived from 

amounts available to the Secretary of the military department concerned for the payment of pay, allowances and other expenses of 

the members of the armed force concerned. 

(2) Amounts for the payment of incentives under paragraphs 

(3) and (4) of subsection (e) shall be derived from the Department 

of Defense Education Benefits Fund under section 2006 of this 

title. 

(k) REGULATIONS.—The Secretary of Defense and the Secretaries of the military departments shall prescribe regulations for 

purposes of the program under this section. 
§ 511 CH. 31—ENLISTMENTS 226 

(l) DEFINITIONS.—In this section: 

(1) The term ‘‘Americorps’’ means the Americorps program 

carried out under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). 

(2) The term ‘‘qualifying student loan’’ means a loan, the 

proceeds of which were used to pay any part or all of the cost 

of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) at an institution of higher 

education (as defined in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 

(3) The term ‘‘Secretary of a military department’’ includes, with respect to matters concerning the Coast Guard 

when it is not operating as a service in the Navy, the Secretary 

of the Department in which the Coast Guard is operating. 

(Added Pub. L. 107–314, div. A, title V, Sec. 531(a)(1), Dec. 2, 2002, 116 Stat. 2541; amended 

Pub. L. 108–136, div. A, title V, Sec. 535(a), Nov. 24, 2003, 117 Stat. 1474; Pub. L. 109–163, 

div. A, title V, Sec. 545, title VI, Sec. 687(c)(1), Jan. 6, 2006, 119 Stat. 3254, 3333; Pub. L. 109– 

364, div. A, title X, Sec. 1071(e)(2), Oct. 17, 2006, 120 Stat. 2401.) 

§ 511. College First Program 

(a) PROGRAM AUTHORITY.—The Secretary of each military department may establish a program to increase the number of, and 

the level of the qualifications of, persons entering the armed forces 

as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active 

service. 

(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDU- CATION.—The Secretary concerned may— 

(1) exercise the authority under section 513 of this title— 

(A) to accept the enlistment of a person as a Reserve 

for service in the Selected Reserve or Individual Ready Reserve of a reserve component, notwithstanding the scope of 

the authority under subsection (a) of that section, in the 

case of the Army National Guard of the United States or 

Air National Guard of the United States; and 

(B) to authorize, notwithstanding the period limitation 

in subsection (b) of that section, a delay of the enlistment 

of any such person in a regular component under that subsection for the period during which the person is enrolled 

in, and pursuing a program of education at, an institution 

of higher education, or a program of vocational or technical 

training, on a full-time basis that is to be completed within 

the maximum period of delay determined for that person 

under subsection (c); and 

(2) subject to paragraph (2) of subsection (d) and except as 

provided in paragraph (3) of that subsection, pay an allowance 

to a person accepted for enlistment under paragraph (1)(A) for 

each month of the period during which that person is enrolled 

in and pursuing a program described in paragraph (1)(B). 

(c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized a person under paragraph (1)(B) of subsection (b) may not exceed the 30-month period beginning on the date of the person’s enlistment accepted under paragraph (1)(A) of such subsection. 

(d) ALLOWANCE.—(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allow-
227 § 513 CH. 31—ENLISTMENTS 

ance provided for certain members of the Senior Reserve Officers’ 

Training Corps with the corresponding number of years of participation under section 209(a) of title 37. The Secretary concerned 

may supplement that stipend by an amount not to exceed $225 per 

month. 

(2) An allowance may not be paid to a person under this section for more than 24 months. 

(3) A member of the Selected Reserve of a reserve component 

may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a 

unit of the reserve component that trains as prescribed in section 

10147(a)(1) of this title or section 502(a) of title 32. Satisfactory 

performance shall be determined under regulations prescribed by 

the Secretary concerned. 

(4) An allowance under this section is in addition to any other 

pay or allowance to which a member of a reserve component is entitled by reason of participation in the Ready Reserve of that component. 

(e) RECOUPMENT OF ALLOWANCE.—(1) A person who, after receiving an allowance under this section, fails to complete the total 

period of service required of that person in connection with delayed 

entry authorized for the person under section 513 shall repay the 

United States the amount which bears the same ratio to the total 

amount of that allowance paid to the person as the unserved part 

of the total required period of service bears to the total period. 

(2) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

(3) A discharge of a person in bankruptcy under title 11 that 

is entered less than five years after the date on which the person 

was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 does not discharge that 

person from a debt arising under paragraph (1). 

(4) The Secretary concerned may waive, in whole or in part, a 

debt arising under paragraph (1) in any case for which the Secretary determines that recovery would be against equity and good 

conscience or would be contrary to the best interests of the United 

States. 

(f) SPECIAL PAY AND BONUSES.—Upon enlisting in the regular 

component of the member’s armed force, a person who initially enlisted as a Reserve under this section may, at the discretion of the 

Secretary concerned, be eligible for all regular special pays, bonuses, education benefits, and loan repayment programs. 

(Added Pub. L. 108–375, div. A, title V, Sec. 551(a)(1), Oct. 28, 2004, 118 Stat. 1909.) 

[§ 512. Renumbered 12104] 

§ 513. Enlistments: Delayed Entry Program 

(a) A person with no prior military service who is qualified 

under section 505 of this title and applicable regulations for enlistment in a regular component of an armed force may (except as provided in subsection (c)) be enlisted as a Reserve for service in the 

Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve for a term of not less than six years 

nor more than eight years. 
§ 514 CH. 31—ENLISTMENTS 228 

(b)(1) Unless sooner ordered to active duty under chapter 39 of 

this title or another provision of law, a person enlisted under subsection (a) shall, within 365 days after such enlistment, be discharged from the reserve component in which enlisted and immediately be enlisted in the regular component of an armed force. The 

Secretary concerned may extend the 365-day period for any person 

for up to an additional 365 days if the Secretary determines that 

it is in the best interests of the armed force of which that person 

is a member to do so. 

(2) During the period beginning on the date on which the person enlists under subsection (a) and ending on the date on which 

the person is enlisted in a regular component under paragraph (1), 

the person shall be in the Ready Reserve of the armed force concerned. 

(c) A person who is under orders to report for induction into 

an armed force under the Military Selective Service Act (50 U.S.C. 

App. 451 et seq.), except as provided in clause (ii) or (iii) of section 

6(c)(2)(A) of that Act, may not be enlisted under subsection (a). 

(d) This section shall be carried out under regulations to be 

prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. 

(Added Pub. L. 101–189, div. A, title V, Sec. 501(a)(1), Nov. 29, 1989, 103 Stat. 1435; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1484(k)(2), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104– 

201, div. A, title V, Sec. 512, Sept. 23, 1996, 110 Stat. 2514; Pub. L. 106–65, div. A, title V, 

Sec. 572(a), Oct. 5, 1999, 113 Stat. 623; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 

2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, Sec. 515(b)(1)(A), Jan. 6, 2006, 119 Stat. 

3233.) 

§ 514. Bounties prohibited; substitutes prohibited 

(a) No bounty may be paid to induce any person to enlist in 

an armed force. A clothing allowance or enlistment bonus authorized by law is not a bounty for the purposes of this subsection. 

(b) No person liable for active duty in an armed force under 

this subtitle may furnish a substitute for that active duty. No person may be enlisted or appointed in an armed force as a substitute 

for another person. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.) 

§ 515. Reenlistment after discharge as warrant officer 

A person who has been discharged from a regular component 

of an armed force under section 1165 or 1166 of this title may, 

upon his request and in the discretion of the Secretary concerned, 

be enlisted in that armed force in the grade prescribed by the Secretary. However, a person discharged under section 1165 of this 

title may not be enlisted in a grade lower than the grade that he 

held immediately before appointment as a warrant officer. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.) 

§ 516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman 

(a) The enlistment or period of obligated service of an enlisted 

member of the armed forces who accepts an appointment as a cadet 

at the United States Military Academy, the United States Air 

Force Academy, or the United States Coast Guard Academy, or as 
229 § 517 CH. 31—ENLISTMENTS 

a midshipman at the United States Naval Academy or in the Navy 

Reserve, may not be terminated because of the acceptance of that 

appointment. However, while serving as a cadet or midshipman at 

an Academy, he is entitled only to the pay, allowances, compensation, pensions, and other benefits provided by law for such a cadet 

or midshipman or, if he is a midshipman in the Navy Reserve, to 

the compensation and emoluments of a midshipman in the Navy 

Reserve. 

(b) If a person covered by subsection (a) is separated from service as a cadet or midshipman, or from service as a midshipman in 

the Navy Reserve, for any reason other than his appointment as 

a commissioned officer of a regular or reserve component of an 

armed force or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he 

was enlisted or for which he has an obligation, unless he is sooner 

discharged. In computing the unexpired part of an enlistment or 

period of obligated service for the purposes of this subsection, all 

service as a cadet or midshipman is counted as service under that 

enlistment or period of obligated service. 

(Added Pub. L. 85–861, Sec. 1(9)(A), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 109–163, 

div. A, title V, Sec. 515(b)(1)(B), Jan. 6, 2006, 119 Stat. 3233.) 

§ 517. Authorized daily average: members in pay grades E– 

8 and E–9 

(a) The authorized daily average number of enlisted members 

on active duty (other than for training) in an armed force in pay 

grades E–8 and E–9 in a fiscal year may not be more than 2.5 percent and 1.25 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for 

training) on the first day of that fiscal year. In computing the limitations prescribed in the preceding sentence, there shall be excluded enlisted members of an armed force on active duty as authorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under section 

115(i) of this title. 

(b) Whenever the number of members serving in pay grade E– 

9 is less than the number authorized for that grade under subsection (a), the difference between the two numbers may be applied 

to increase the number authorized under such subsection for pay 

grade E–8. 

(c) Whenever under section 527 of this title the President may 

suspend the operation of any provision of section 523, 525, or 526 

of this title, the Secretary of Defense may suspend the operation 

of any provision of this section. Any such suspension shall, if not 

sooner ended, end in the manner specified in section 527 for a suspension under that section. 

(Added Pub. L. 87–649, Sec. 2(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 96–584, Sec. 

4, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 97–86, title V, Sec. 503(1), (2), Dec. 1, 1981, 95 Stat. 

1107, 1108; Pub. L. 97–252, title V, Sec. 503(a), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98–94, title 

V, Sec. 503(a), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98–525, title IV, Sec. 413(a), 414(a)(2), Oct. 

19, 1984, 98 Stat. 2517, 2518; Pub. L. 99–145, title IV, Sec. 413(a), Nov. 8, 1985, 99 Stat. 619; 

Pub. L. 100–180, div. A, title IV, Sec. 413(a), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101–189, 

div. A, title IV, Sec. 413(a), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102–190, div. A, title IV, 

Sec. 413(a), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103–160, div. A, title IV, Sec. 413(a), Nov. 

30, 1993, 107 Stat. 1642; Pub. L. 103–337, div. A, title V, Sec. 552(a), title XVI, Sec. 1662(a)(4), 

Oct. 5, 1994, 108 Stat. 2772, 2988; Pub. L. 105–261, div. A, title IV, Sec. 407(a), title X, Sec. 

1069(a)(2), Oct. 17, 1998, 112 Stat. 1996, 2135; Pub. L. 106–398, Sec. 1[[div. A], title IV, Sec. 
§ 518 CH. 31—ENLISTMENTS 230 

421(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–95; Pub. L. 107–107, div. A, title IV, Sec. 403, 

Dec. 28, 2001, 115 Stat. 1069; Pub. L. 108–375, div. A, title IV, Sec. 416(f), Oct. 28, 2004, 118 

Stat. 1868; Pub. L. 110–181, div. A, title IV, Sec. 406, Jan. 28, 2008, 122 Stat. 89.) 

§ 518. Temporary enlistments 

Temporary enlistments may be made only in the Army, Navy, 

Air Force, Marine Corps, or Coast Guard, as the case may be, without specification of component. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) 

§ 519. Temporary enlistments: during war or emergency 

Except as provided in section 505 of this title and except for 

enlistments as Reserves of an armed force— 

(1) temporary enlistments in an armed force entered into 

in time of war or of emergency declared by Congress shall be 

for the duration of the war or emergency plus six months; and 

(2) only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments. 

(Added Pub. L. 90–235, Sec. 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.) 

§ 520. Limitation on enlistment and induction of persons 

whose score on the Armed Forces Qualification 

Test is below a prescribed level 

(a) The number of persons originally enlisted or inducted to 

serve on active duty (other than active duty for training) in any 

armed force during any fiscal year whose score on the Armed 

Forces Qualification Test is at or above the tenth percentile and 

below the thirty-first percentile may not exceed 20 percent of the 

total number of persons originally enlisted or inducted to serve on 

active duty (other than active duty for training) in such armed 

force during such fiscal year. 

(b) A person who is not a high school graduate may not be accepted for enlistment in the armed forces unless the score of that 

person on the Armed Forces Qualification Test is at or above the 

thirty-first percentile; however, a person may not be denied enlistment in the armed forces solely because of his not having a high 

school diploma if his enlistment is needed to meet established 

strength requirements. 

(Added Pub. L. 96–342, title III, Sec. 302(b)(1), Sept. 8, 1980, 94 Stat. 1082; amended Pub. L. 

96–579, Sec. 9, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 97–86, title IV, Sec. 402(b)(1), Dec. 1, 1981, 

95 Stat. 1104; Pub. L. 98–94, title XII, Sec. 1268(3), Sept. 24, 1983, 97 Stat. 705; Pub. L. 100– 

370, Sec. 1(a)(1), July 19, 1988, 102 Stat. 840.) 

[§ 520a. Repealed. Pub. L. 106–398, Sec. 1 [[div. A], title X, 

Sec. 1076(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

282] 

§ 520b. Applicants for enlistment: authority to use funds for 

the issue of authorized articles 

Funds appropriated to the Department of Defense may be used 

for the issue of authorized articles to applicants for enlistment. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(a)(1), Oct. 19, 1984, 98 Stat. 2614; amended Pub. 

L. 99–145, title XIII, Sec. 1303(a)(4)(A), Nov. 8, 1985, 99 Stat. 738.) 
231 § 520c CH. 31—ENLISTMENTS 

§ 520c. Recruiting functions: provision of meals and refreshments 

Under regulations prescribed by the Secretary concerned, 

funds appropriated to the Department of Defense for recruitment 

of military personnel may be expended for small meals and refreshments during recruiting functions for the following persons: 

(1) Persons who have enlisted under the Delayed Entry 

Program authorized by section 513 of this title. 

(2) Persons who are objects of armed forces recruiting efforts. 

(3) Persons whose assistance in recruiting efforts of the 

military departments is determined to be influential by the 

Secretary concerned. 

(4) Members of the armed forces and Federal employees 

when attending recruiting functions in accordance with a requirement to do so. 

(5) Other persons whose presence at recruiting functions 

will contribute to recruiting efforts. 

(Added Pub. L. 104–201, div. A, title III, Sec. 361(a), Sept. 23, 1996, 110 Stat. 2491; Pub. L. 

107–107, div. A, title V, Sec. 545, Dec. 28, 2001, 115 Stat. 1113; Pub. L. 108–136, div. A, title 

X, Sec. 1031(a)(8)(A), Nov. 24, 2003, 117 Stat. 1596.) 
232 

CHAPTER 32—OFFICER STRENGTH AND DISTRIBUTION 

IN GRADE 

Sec. 

521. Authority to prescribe total strengths of officers on active duty and officer 

strengths in various categories. 

[522. Repealed.] 

523. Authorized strengths: commissioned officers on active duty in grades of 

major, lieutenant colonel, and colonel and Navy grades of lieutenant 

commander, commander, and captain. 

[524. Renumbered.] 

525. Distribution of commissioned officers on active duty in general officer and 

flag officer grades. 

526. Authorized strength: general and flag officers on active duty. 

527. Authority to suspend sections 523, 525, and 526. 

528. Officers serving in certain intelligence positions: military status; exclusion 

from distribution and strength limitations; pay and allowances. 

§ 521. Authority to prescribe total strengths of officers on 

active duty and officer strengths in various categories 

(a) Whenever the needs of the services require, but at least 

once each fiscal year, the Secretary of Defense shall prescribe the 

total authorized active-duty strength as of the end of the fiscal year 

for officers in grades above chief warrant officer, W–5, for each of 

the armed forces under the jurisdiction of the Secretary of a military department. 

(b) Under regulations prescribed by the Secretary of Defense, 

the Secretary of each military department may, for an armed force 

under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty. 

(Added Pub. L. 96–513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2841; amended Pub. L. 102– 

190, div. A, title XI, Sec. 1131(1)(A), Dec. 5, 1991, 105 Stat. 1505.) 

[§ 522. Repealed. Pub. L. 108–375, div. A, title V, Sec. 

501(b)(1), Oct. 28, 2004, 118 Stat. 1873] 

§ 523. Authorized strengths: commissioned officers on active 

duty in grades of major, lieutenant colonel, and 

colonel and Navy grades of lieutenant commander, 

commander, and captain 

(a)(1) Except as provided in subsection (c), of the total number 

of commissioned officers serving on active duty in the Army, Air 

Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers 

who may be serving on active duty in each of the grades of major, 

lieutenant colonel, and colonel may not, as of the end of such fiscal 

year, exceed a number determined in accordance with the following 

table: 
233 § 523 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 

Total number of commissioned officers 

(excluding officers in categories specified in 

subsection (b)) on active duty: 

Number of officers who may be serving on 

active duty in grade of: 

Major Lieutenant 

Colonel Colonel 

Army: 

20,000 .......................................................... 7,768 5,253 1,613 

25,000 .......................................................... 8,689 5,642 1,796 

30,000 .......................................................... 9,611 6,030 1,980 

35,000 .......................................................... 10,532 6,419 2,163 

40,000 .......................................................... 11,454 6,807 2,347 

45,000 .......................................................... 12,375 7,196 2,530 

50,000 .......................................................... 13,297 7,584 2,713 

55,000 .......................................................... 14,218 7,973 2,897 

60,000 .......................................................... 15,140 8,361 3,080 

65,000 .......................................................... 16,061 8,750 3,264 

70,000 .......................................................... 16,983 9,138 3,447 

75,000 .......................................................... 17,903 9,527 3,631 

80,000 .......................................................... 18,825 9,915 3,814 

85,000 .......................................................... 19,746 10,304 3,997 

90,000 .......................................................... 20,668 10,692 4,181 

95,000 .......................................................... 21,589 11,081 4,364 

100,000 ........................................................ 22,511 11,469 4,548 

110,000 ........................................................ 24,354 12,246 4,915 

120,000 ........................................................ 26,197 13,023 5,281 

130,000 ........................................................ 28,040 13,800 5,648 

170,000 ........................................................ 35,412 16,908 7,116 

Air Force: 

35,000 .......................................................... 9,216 7,090 2,125 

40,000 .......................................................... 10,025 7,478 2,306 

45,000 .......................................................... 10,835 7,866 2,487 

50,000 .......................................................... 11,645 8,253 2,668 

55,000 .......................................................... 12,454 8,641 2,849 

60,000 .......................................................... 13,264 9,029 3,030 

65,000 .......................................................... 14,073 9,417 3,211 

70,000 .......................................................... 14,883 9,805 3,392 

75,000 .......................................................... 15,693 10,193 3,573 

80,000 .......................................................... 16,502 10,582 3,754 

85,000 .......................................................... 17,312 10,971 3,935 

90,000 .......................................................... 18,121 11,360 4,115 

95,000 .......................................................... 18,931 11,749 4,296 

100,000 ........................................................ 19,741 12,138 4,477 

105,000 ........................................................ 20,550 12,527 4,658 

110,000 ........................................................ 21,360 12,915 4,838 

115,000 ........................................................ 22,169 13,304 5,019 

120,000 ........................................................ 22,979 13,692 5,200 

125,000 ........................................................ 23,789 14,081 5,381 

Marine Corps: 

10,000 .......................................................... 2,525 1,480 571 

12,500 .......................................................... 2,900 1,600 632 

15,000 .......................................................... 3,275 1,720 653 

17,500 .......................................................... 3,650 1,840 673 

20,000 .......................................................... 4,025 1,960 694 

22,500 .......................................................... 4,400 2,080 715 

25,000 .......................................................... 4,775 2,200 735 . 

(2) Except as provided in subsection (c), of the total number of 

commissioned officers serving on active duty in the Navy at the end 

of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active 
§ 523 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 234 

duty in each of the grades of lieutenant commander, commander, 

and captain may not, as of the end of such fiscal year, exceed a 

number determined in accordance with the following table: 

Total number of commissioned officers 

(excluding officers in categories specified in 

subsection (b)) on active duty: 

Number of officers who may be serving on 

active duty in grade of: 

Lieutenant 

Commander Commander Captain 

Navy: 

30,000 .......................................................... 7,698 5,269 2,222 

33,000 .......................................................... 8,189 5,501 2,334 

36,000 .......................................................... 8,680 5,733 2,447 

39,000 .......................................................... 9,172 5,965 2,559 

42,000 .......................................................... 9,663 6,197 2,671 

45,000 .......................................................... 10,155 6,429 2,784 

48,000 .......................................................... 10,646 6,660 2,896 

51,000 .......................................................... 11,136 6,889 3,007 

54,000 .......................................................... 11,628 7,121 3,120 

57,000 .......................................................... 12,118 7,352 3,232 

60,000 .......................................................... 12,609 7,583 3,344 

63,000 .......................................................... 13,100 7,813 3,457 

66,000 .......................................................... 13,591 8,044 3,568 

70,000 .......................................................... 14,245 8,352 3,718 

90,000 .......................................................... 17,517 9,890 4,467 . 

(3) If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is between any two consecutive figures listed 

in the first column of the appropriate table in paragraph (1) or (2), 

the corresponding authorized strengths for each of the grades 

shown in that table for that armed force are determined by mathematical interpolation between the respective numbers of the two 

strengths. If the total number of commissioned officers serving on 

active duty in an armed force (excluding officers in categories specified in subsection (b)) is greater or less than the figures listed in 

the first column of the appropriate table in paragraph (1) or (2), the 

Secretary concerned shall fix the corresponding strengths for the 

grades shown in that table in the same proportion as reflected in 

the nearest limit shown in the table. 

(b) Officers in the following categories shall be excluded in 

computing and determining authorized strengths under this section: 

(1) Reserve officers— 

(A) on active duty as authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; 

(B) on active duty under section 10211, 10302 through 

10305, or 12402 of this title or under section 708 of title 

32; or 

(C) on full-time National Guard duty. 

(2) General and flag officers. 

(3) Medical officers. 

(4) Dental officers. 

(5) Warrant officers. 
235 § 525 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 

(6) Retired officers on active duty under a call or order to 

active duty for 180 days or less. 

(7) Retired officers on active duty under section 10(b)(2) of 

the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for 

the administration of the Selective Service System. 

(8) Permanent professors of the United States Military 

Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the 

Secretary of the Navy), but not to exceed 50 from any such 

academy. 

(c) Whenever the number of officers serving in any grade is 

less than the number authorized for that grade under this section, 

the difference between the two numbers may be applied to increase 

the number authorized under this section for any lower grade. 

(d) An officer may not be reduced in grade, or have his pay or 

allowances reduced, because of a reduction in the number of commissioned officers authorized for his grade under this section. 

(Added Pub. L. 96–513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2842; amended Pub. L. 98–525, 

title IV, Sec. 414(a)(3), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, Sec. 511(a), Nov. 

8, 1985, 99 Stat. 623; Pub. L. 99–433, title V, Sec. 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. 

L. 102–190, div. A, title IV, Sec. 431, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–337, div. A, 

title XVI, Sec. 1673(c)(3), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title IV, Sec. 

403(a), (b), Sept. 23, 1996, 110 Stat. 2504, 2505; Pub. L. 107–314, div. A, title IV, Sec. 406, Dec. 

2, 2002, 116 Stat. 2526; Pub. L. 108–375, div. A, title IV, Secs. 404, 416(g), Oct. 28, 2004, 118 

Stat. 1864, 1868; Pub. L. 109–364, div. A, title X, Sec. 1071(g)(1)(B), Oct. 17, 2006, 120 Stat. 

2402; Pub. L. 110–181, div. A, title IV, Secs. 404, 405, Jan. 28, 2008, 122 Stat. 88.) 

[§ 524. Renumbered 12011] 

§ 525. Distribution of commissioned officers on active duty 

in general officer and flag officer grades 

(a) For purposes of the applicable limitation in section 526(a) 

of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made as follows: 

(1) in the Army, if that appointment would result in more 

than— 

(A) 7 officers in the grade of general; 

(B) 45 officers in a grade above the grade of major 

general; or 

(C) 90 officers in the grade of major general; 

(2) in the Air Force, if that appointment would result in 

more than— 

(A) 9 officers in the grade of general; 

(B) 43 officers in a grade above the grade of major 

general; or 

(C) 73 officers in the grade of major general; 

(3) in the Navy, if that appointment would result in more 

than— 

(A) 6 officers in the grade of admiral; 

(B) 32 officers in a grade above the grade of rear admiral; or 

(C) 50 officers in the grade of rear admiral; 

(4) in the Marine Corps, if that appointment would result 

in more than— 

(A) 2 officers in the grade of general; 
§ 525 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 236 

(B) 15 officers in a grade above the grade of major 

general; or 

(C) 22 officers in the grade of major general. 

(b)(1) The limitations of subsection (a) do not include the following: 

(A) An officer released from a joint duty assignment, but 

only during the 60-day period beginning on the date the officer 

departs the joint duty assignment, except that the Secretary of 

Defense may authorize the Secretary of a military department 

to extend the 60-day period by an additional 120 days, but no 

more than 3 officers from each armed forces may be on active 

duty who are excluded under this subparagraph. 

(B) An officer while serving in the position of Staff Judge 

Advocate to the Commandant of the Marine Corps under section 5046 of this title. 

(C) The number of officers required to serve in joint duty 

assignments as authorized by the Secretary of Defense under 

section 526(b) for each military service. 

(D) An officer while serving as Chief of the National Guard 

Bureau. 

(2) An officer of the Army while serving as Superintendent of 

the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise 

be permitted for the Army for officers serving on active duty in 

grades above major general under subsection (a). An officer of the 

Navy or Marine Corps while serving as Superintendent of the 

United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would 

otherwise be permitted for the Navy or Marine Corps, respectively, 

for officers serving on active duty in grades above major general or 

rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air Force Academy, if serving in 

the grade of lieutenant general, is in addition to the number that 

would otherwise be permitted for the Air Force for officers serving 

on active duty in grades above major general under subsection (a). 

(c)(1) Subject to paragraph (3), the President— 

(A) may make appointments in the Army, Air Force, and 

Marine Corps in the grades of lieutenant general and general 

in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an 

offsetting reduction under paragraph (2); and 

(B) may make appointments in the Navy in the grades of 

vice admiral and admiral in excess of the applicable numbers 

determined under this section if each such appointment is 

made in conjunction with an offsetting reduction under paragraph (2). 

(2) For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of 

lieutenant general or general or in the Navy in the grade of vice 

admiral or admiral, the number of appointments that may be made 

in the equivalent grade in one of the other armed forces (other than 

the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which 

the reduction required by this paragraph is to be made. 
237 § 525 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 

(3)(A) The number of officers that may be serving on active 

duty in the grades of lieutenant general and vice admiral by reason 

of appointments made under the authority of paragraph (1) may 

not exceed 15. 

(B) The number of officers that may be serving on active duty 

in the grades of general and admiral by reason of appointments 

made under the authority of paragraph (1) may not exceed 5. 

(4) Upon the termination of the appointment of an officer in 

the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph 

(1) in the number of officers that may be serving on active duty in 

that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade 

in another armed force by reason of that increase shall no longer 

be in effect. 

(d) An officer continuing to hold the grade of general or admiral under section 601(b)(5) of this title after relief from the position 

of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, 

Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of 

this section. 

(e) The following officers shall not be counted for purposes of 

this section: 

(1) An officer of that armed force in the grade of brigadier 

general or above or, in the case of the Navy, in the grade of 

rear admiral (lower half) or above, who is on leave pending the 

retirement, separation, or release of that officer from active 

duty, but only during the 60-day period beginning on the date 

of the commencement of such leave of such officer. 

(2) At the discretion of the Secretary of Defense, an officer 

of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one 

of the grades specified in such section, but only during the 60- 

day period beginning on the date on which the assignment of 

the officer to the first position is terminated or until the officer 

is assigned to a second such position, whichever occurs first. 

(f) An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s armed force for officers serving on active 

duty in grades above brigadier general or rear admiral (lower half) 

under subsection (a). 

(g)(1) The limitations of this section do not apply to a reserve 

component general or flag officer who is on active duty for a period 

in excess of 365 days, but not to exceed three years, except that the 

number of officers from each reserve component who are covered by 

this subsection and are not serving in a position that is a joint duty 

assignment for purposes of chapter 38 of this title may not exceed 

5 per component, unless authorized by the Secretary of Defense. 

(2) The exception in paragraph (1) does apply to the position 

of Chief of the National Guard Bureau. 

(3) Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number 

specified in paragraph (1), the Secretary of Defense shall notify the 

Committees on Armed Services of the Senate and the House of 
§ 526 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 238 

Representatives of such authorization, and shall include with such 

notice a statement of the reason for such authorization. 

(Added Pub. L. 96–513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2844; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 

8, 1985, 99 Stat. 628; Pub. L. 99–433, title II, Sec. 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub. 

L. 100–180, div. A, title V, Sec. 511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101–510, div. A, 

title IV, Sec. 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103–337, div. A, title IV, Sec. 405(a), 

Oct. 5, 1994, 108 Stat. 2744; Pub. L. 104–106, div. A, title IV, Sec. 403(a), Feb. 10, 1996, 110 

Stat. 286; Pub. L. 104–201, div. A, title IV, Sec. 404(b), Sept. 23, 1996, 110 Stat. 2506; Pub. 

L. 105–261, div. A, title IV, Secs. 404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106–65, div. 

A, title V, Secs. 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592, 604; Pub. L. 106–398, Sec. 1[[div. 

A], title V, Sec. 507(g)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105; Pub. L. 107–314, div. A, title 

IV, Secs. 404(a), (b), 405(b), Dec. 2, 2002, 116 Stat. 2525, 2526; Pub. L. 108–136, div. A, title 

V, Sec. 504(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 109–163, div. A, title V, Sec. 503(a), Jan. 

6, 2006, 119 Stat. 3226; Pub. L. 109–364, div. A, title V, Sec. 507(b), Oct. 17, 2006, 120 Stat. 

2180; Pub. L. 110–181, div. A, title V, Secs. 501(b), 543(d), Jan. 28, 2008, 122 Stat. 94, 115; 

Pub. L. 110–417, [div. A], title V, Secs. 503(d), 504(b), Oct. 14, 2008, 122 Stat. 4433, 4434; Pub. 

L. 111–84, div. A, title V, Sec. 502(b)–(d), Oct. 28, 2009, 123 Stat. 2273–2275; Pub. L. 111–383, 

div. A, title X, Sec. 1075(b)(12), (d)(2), Jan. 7, 2011, 124 Stat. 4369, 4372.) 

§ 526. Authorized strength: general and flag officers on active duty 

(a) LIMITATIONS.—The number of general officers on active 

duty in the Army, Air Force, and Marine Corps, and the number 

of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: 

(1) For the Army, 230. 

(2) For the Navy, 160. 

(3) For the Air Force, 208. 

(4) For the Marine Corps, 60. 

(b) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.—(1) 

The Secretary of Defense may designate up to 324 general officer 

and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations 

in subsection (a). The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag 

officers required from each armed force for assignment to these 

designated positions. 

(2) Unless the Secretary of Defense determines that a lower 

number is in the best interest of the Department, the minimum 

number of officers serving in positions designated under paragraph 

(1) for each armed force shall be as follows: 

(A) For the Army, 85. 

(B) For the Navy, 61. 

(C) For the Air Force, 76. 

(D) For the Marine Corps, 21. 

(3) The number excluded under paragraph (1) and serving in 

positions designated under that paragraph— 

(A) in the grade of general or admiral may not exceed 20; 

(B) in a grade above the grade of major general or rear admiral may not exceed 68; and 

(C) in the grade of major general or rear admiral may not 

exceed 144. 

(4) Not later than 30 days after determining to raise or lower 

a number specified in paragraph (2), the Secretary of Defense shall 

notify the Committees on Armed Services of the Senate and the 

House of Representatives of such determination. 

(5)(A) The Chairman of the Joint Chiefs of Staff may designate 

up to 15 general and flag officer positions in the unified and speci-
239 § 526 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 

fied combatant commands, and up to three general and flag officer 

positions on the Joint Staff, as positions to be held only by reserve 

component officers who are in a general or flag officer grade below 

lieutenant general or vice admiral. Each position so designated 

shall be considered to be a joint duty assignment position for purposes of chapter 38 of this title. 

(B) A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call 

or order to active duty that does not specify a period of 180 days 

or less shall not be counted for the purposes of the limitations 

under subsection (a) and under section 525 of this title if the officer 

was selected for service in that position in accordance with the procedures specified in subparagraph (C). 

(C) Whenever a vacancy occurs, or is anticipated to occur, in 

a position designated under subparagraph (A)— 

(i) the Secretary of Defense shall require the Secretary of 

the Army to submit the name of at least one Army reserve 

component officer, the Secretary of the Navy to submit the 

name of at least one Navy Reserve officer and the name of at 

least one Marine Corps Reserve officer, and the Secretary of 

the Air Force to submit the name of at least one Air Force reserve component officer for consideration by the Secretary for 

assignment to that position; and 

(ii) the Chairman of the Joint Chiefs of Staff may submit 

to the Secretary of Defense the name of one or more officers 

(in addition to the officers whose names are submitted pursuant to clause (i)) for consideration by the Secretary for assignment to that position. 

(D) Whenever the Secretaries of the military departments are 

required to submit the names of officers under subparagraph (C)(i), 

the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of 

each officer whose name is submitted under that subparagraph 

(and of any officer whose name the Chairman submits to the Secretary under subparagraph (C)(ii) for consideration for the same 

vacancy). 

(E) Subparagraph (B) does not apply in the case of an officer 

serving in a position designated under subparagraph (A) if the Secretary of Defense, when considering officers for assignment to fill 

the vacancy in that position which was filled by that officer, did not 

have a recommendation for that assignment from each Secretary of 

a military department who (pursuant to subparagraph (C)) was required to make such a recommendation. 

[(c) Repealed. Pub. L. 107–314, div. A, title X, Sec. 1041(a)(3), 

Dec. 2, 2002, 116 Stat. 2645.] 

(d) EXCLUSION OF CERTAIN RESERVE OFFICERS.—(1) The limitations of this section do not apply to a reserve component general 

or flag officer who is on active duty for training or who is on active 

duty under a call or order specifying a period of less than 180 days. 

(2) The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to 

serve on active duty for a period of not more than 365 days. The 

number so specified for an armed force may not exceed the number 
§ 527 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 240 

equal to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004 

of this title. In determining such number, any fraction shall be 

rounded down to the next whole number, except that such number 

shall be at least one. 

(3) The limitations of this section do not apply to a reserve 

component general or flag officer who is on active duty for a period 

in excess of 365 days but not to exceed three years, except that the 

number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint 

duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense. 

(e) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR

RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of 

this section do not apply to a general or flag officer who is covered 

by an exclusion under section 525(e) of this title. 

(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE CONGRESS.— The limitations of this section do not apply to the general or flag 

officer who is serving as Attending Physician to the Congress. 

(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM- PORARY BILLETS.—(1) The limitations in subsection (a) and in section 525(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense. 

(2) A general or flag officer assigned to a temporary joint duty 

assignment as described in paragraph (1) may not be excluded 

under this subsection from the limitations in subsection (a) for a 

period of longer than one year. 

(h) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY AS- SIGNMENTS.—The limitations in subsection (a) do not apply to an 

officer released from a joint duty assignment, but only during the 

60-day period beginning on the date the officer departs the joint 

duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an 

additional 120 days, except that not more than three officers on active duty from each armed force may be covered by an extension 

under this sentence at the same time. 

(Added Pub. L. 100–370, Sec. 1(b)(1)(B), July 19, 1988, 102 Stat. 840; amended Pub. L. 101– 

510, div. A, title IV, Sec. 403(a), Nov. 5, 1990, 104 Stat. 1545; Pub. L. 102–484, div. A, title 

IV, Sec. 403, Oct. 23, 1992, 106 Stat. 2398; Pub. L. 103–337, div. A, title IV, Sec. 404, title V, 

Sec. 512, Oct. 5, 1994, 108 Stat. 2744, 2752; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(1), 

1503(a)(3), Feb. 10, 1996, 110 Stat. 502, 510; Pub. L. 104–201, div. A, title IV, Sec. 405, Sept. 

23, 1996, 110 Stat. 2506; Pub. L. 105–261, div. A, title IV, Sec. 405, Oct. 17, 1998, 112 Stat. 

1996; Pub. L. 106–65, div. A, title V, Sec. 553, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 615, 

774; Pub. L. 107–314, div. A, title IV, Sec. 405(c), title X, Sec. 1041(a)(3), Dec. 2, 2002, 116 Stat. 

2526, 2645; Pub. L. 108–136, div. A, title V, Sec. 504(c), Nov. 24, 2003, 117 Stat. 1457; Pub. 

L. 109–163, div. A, title V, Secs. 503(b), 510, 515(b)(1)(C), Jan. 6, 2006, 119 Stat. 3226, 3231, 

3233; Pub. L. 109–364, div. A, title V, Sec. 507(c), Oct. 17, 2006, 120 Stat. 2180; Pub. L. 110– 

181, div. A, title V, Sec. 502, title XVIII, Sec. 1824(c), Jan. 28, 2008, 122 Stat. 95, 501; Pub. 

L. 110–417, [div. A], title V, Secs. 503(a)–(c), 525, Oct. 14, 2008, 122 Stat. 4433, 4448; Pub. L. 

111–84, div. A, title V, Sec. 502(e)–(g), Oct. 28, 2009, 123 Stat. 2275, 2276.) 

§ 527. Authority to suspend sections 523, 525, and 526 

In time of war, or of national emergency declared by Congress 

or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of 

this title. So long as such war or national emergency continues, any 
241 § 528 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 

such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the twoyear period beginning on the date on which the suspension (or the 

last extension thereof) takes effect or on the last day of the oneyear period beginning on the date of the termination of the war or 

national emergency, whichever occurs first. With respect to the end 

of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621– 

1622) which provide that powers or authorities exercised by reason 

of a national emergency shall cease to be exercised after the date 

of the termination of the emergency. 

(Added Pub. L. 96–513, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2845, Sec. 526; renumbered Sec. 

527 and amended Pub. L. 100–370, Sec. 1(b)(1)(A), (2), July 19, 1988, 102 Stat. 840; Pub. L. 

103–337, div. A, title XVI, Sec. 1671(c)(4), Oct. 5, 1994, 108 Stat. 3014.) 

§ 528. Officers serving in certain intelligence positions: military status; exclusion from distribution and 

strength limitations; pay and allowances 

(a) MILITARY STATUS.—An officer of the armed forces, while 

serving in a position covered by this section— 

(1) shall not be subject to supervision or control by the Secretary of Defense or any other officer or employee of the Department of Defense, except as directed by the Secretary of Defense concerning reassignment from such position; and 

(2) may not exercise, by reason of the officer’s status as an 

officer, any supervision or control with respect to any of the 

military or civilian personnel of the Department of Defense except as otherwise authorized by law. 

(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.—When the position of Director or Deputy Director of the Central Intelligence 

Agency is held by an officer of the armed forces, the officer serving 

in that position, while so serving, shall be excluded from the limitations in sections 525 and 526 of this title. However, if both such 

positions are held by an officer of the armed forces, only one such 

officer may be excluded from those limitation while so serving. 

(c) ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, CIA.—An officer of the armed forces serving in the position of Associate Director 

of Military Affairs, Central Intelligence Agency, or any successor 

position, while serving in that position, shall be excluded from the 

limitations in sections 525 and 526 of this title. 

(d) OFFICERS SERVING IN OFFICE OF DNI.—A general or flag officer of the armed forces assigned to a position in the Office of the 

Director of National Intelligence designated by agreement between 

the Secretary of Defense and the Director of National Intelligence, 

while serving in that position, shall be excluded from the limitations in sections 525 and 526 of this title, except that not more 

than five such officers may be so excluded at any time. 

(e) EFFECT OF APPOINTMENT.—Except as provided in subsection (a), the appointment or assignment of an officer of the 

armed forces to a position covered by this section shall not affect— 

(1) the status, position, rank, or grade of such officer in the 

armed forces; or 
§ 528 CH. 32—OFFICER STRENGTH & DISTRIBUTION IN GRADE 242 

(2) any emolument, perquisite, right, privilege, or benefit 

incident to or arising out of such status, position, rank, or 

grade. 

(f) MILITARY PAY AND ALLOWANCES.—(1) An officer of the 

armed forces on active duty who is appointed or assigned to a position covered by this section shall, while serving in such position 

and while remaining on active duty, continue to receive military 

pay and allowances and shall not receive the pay prescribed for 

such position. 

(2) Funds from which pay and allowances under paragraph (1) 

are paid to an officer while so serving shall be reimbursed as follows: 

(A) For an officer serving in a position within the Central 

Intelligence Agency, such reimbursement shall be made from 

funds available to the Director of the Central Intelligence 

Agency. 

(B) For an officer serving in a position within the Office of 

the Director of National Intelligence, such reimbursement shall 

be made from funds available to the Director of National Intelligence. 

(g) COVERED POSITIONS.—The positions covered by this section 

are the positions specified in subsections (b) and (c) and the positions designated under subsection (d). 

(Added Pub. L. 108–136, div. A, title V, Sec. 507(a), Nov. 24, 2003, 117 Stat. 1458; amended 

Pub. L. 109–163, div. A, title V, Sec. 507(a), Jan. 6, 2006, 119 Stat. 3228; Pub. L. 109–364, div. 

A, title V, Sec. 501(a), (b)(1), Oct. 17, 2006, 120 Stat. 2175, 2176; Pub. L. 110–417, [div. A], title 

IX, Sec. 933, Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–259, title VIII, Sec. 803, Oct. 7, 2010, 

124 Stat. 2746.) 
243 

CHAPTER 33—ORIGINAL APPOINTMENTS OF REGULAR 

OFFICERS IN GRADES ABOVE WARRANT OFFICER 

GRADES 

Sec. 

531. Original appointments of commissioned officers. 

532. Qualifications for original appointment as a commissioned officer. 

533. Service credit upon original appointment as a commissioned officer. 

541. Graduates of the United States Military, Naval, and Air Force Academies. 

[555 to 565. Repealed.] 

§ 531. Original appointments of commissioned officers 

(a)(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air 

Force, and Regular Marine Corps and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be 

made by the President alone. 

(2) Original appointments in the grades of major, lieutenant 

colonel, and colonel in the Regular Army, Regular Air Force, and 

Regular Marine Corps and in the grades of lieutenant commander, 

commander, and captain in the Regular Navy shall be made by the 

President, by and with the advice and consent of the Senate. 

(b) The grade of a person receiving an appointment under this 

section who at the time of appointment (1) is credited with service 

under section 533 of this title, and (2) is not a commissioned officer 

of a reserve component shall be determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited. The grade of a person receiving an appointment under 

this section who at the time of the appointment is a commissioned 

officer of a reserve component is determined under section 533(f) 

of this title. 

(c) Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, or Regular Marine 

Corps may be made by the Secretary concerned in the case of a reserve commissioned officer upon the transfer of such officer from 

the reserve active-status list of a reserve component of the armed 

forces to the active-duty list of an armed force, notwithstanding the 

requirements of subsection (a). 

(Added Pub. L. 96–513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 97– 

22, Sec. 3(a), July 10, 1981, 95 Stat. 124; Pub. L. 108–375, div. A, title V, Sec. 501(a)(4), (c)(5), 

Oct. 28, 2004, 118 Stat. 1873, 1874.) 

§ 532. Qualifications for original appointment as a commissioned officer 

(a) Under regulations prescribed by the Secretary of Defense, 

an original appointment as a commissioned officer (other than as 

a commissioned warrant officer) in the Regular Army, Regular 
§ 532 CH. 33—ORIGINAL APPTMTS OF REGULAR OFFICERS 244 

Navy, Regular Air Force, or Regular Marine Corps may be given 

only to a person who— 

(1) is a citizen of the United States; 

(2) is able to complete 20 years of active commissioned 

service before his sixty-second birthday; 

(3) is of good moral character; 

(4) is physically qualified for active service; and 

(5) has such other special qualifications as the Secretary of 

the military department concerned may prescribe by regulation. 

(b)(1) Original appointments in the Regular Army in the Medical Corps or Dental Corps, and original appointments in the Regular Air Force with a view to designation of an officer as a medical 

or dental officer, may be made in the grades of first lieutenant 

through colonel. Original appointments in the Regular Navy in the 

Medical Corps or Dental Corps may be made in the grades of lieutenant (junior grade) through captain. Such appointments may be 

made only from persons who are qualified doctors of medicine, osteopathy, or dentistry. 

(2) To be eligible for an original appointment as a medical officer, a doctor of osteopathy must— 

(A) be a graduate of a college of osteopathy whose graduates are eligible to be licensed to practice medicine or surgery 

in a majority of the States; 

(B) be licensed to practice medicine, surgery, or osteopathy 

in a State or in the District of Columbia; 

(C) under regulations prescribed by the Secretary of Defense, have completed a number of years of osteopathic and 

preosteopathic education equal to the number of years of medical and premedical education prescribed for persons entering 

recognized schools of medicine who become doctors of medicine 

and who would be qualified for an original appointment in the 

grade for which that person is being considered for appointment; and 

(D) have such other qualifications as the Secretary of the 

military department concerned prescribes after considering the 

recommendations, if any, of the Surgeon General of the armed 

force concerned. 

(c) Original appointments in the Regular Navy or Regular Marine Corps of officers designated for limited duty shall be made 

under section 5589 or 5596 of this title. 

(d)(1) A person receiving an original appointment as a medical 

or dental officer, as a chaplain, or as an officer designated for limited duty in the Regular Navy or Regular Marine Corps is not subject to clause (2) of subsection (a). 

(2) A commissioned officer appointed in a medical skill other 

than as a medical officer or dental officer (as defined in regulations 

prescribed by the Secretary of Defense) is not subject to clause (2) 

of subsection (a). 

[(e) Repealed. Pub. L. 108–375, div. A, title V, Sec. 501(a)(1), 

Oct. 28, 2004, 118 Stat. 1872.] 

(f) The Secretary of Defense may waive the requirement of 

paragraph (1) of subsection (a) with respect to a person who has 

been lawfully admitted to the United States for permanent resi-
245 § 533 CH. 33—ORIGINAL APPTMTS OF REGULAR OFFICERS 

dence, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this 

title or as a cadet under section 2107a of this title, when the Secretary determines that the national security so requires, but only 

for an original appointment in a grade below the grade of major or 

lieutenant commander. 

(Added Pub. L. 96–513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 2845; amended Pub. L. 97– 

22, Sec. 3(b), July 10, 1981, 95 Stat. 124; Pub. L. 97–295, Sec. 1(7), Oct. 12, 1982, 96 Stat. 1289; 

Pub. L. 102–190, div. A, title V, Sec. 501, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–160, div. 

A, title V, Sec. 510, Nov. 30, 1993, 107 Stat. 1648; Pub. L. 108–375, div. A, title V, Sec. 

501(a)(1)–(3)(A), Oct. 28, 2004, 118 Stat. 1872; Pub. L. 109–163, div. A, title V, Sec. 534(c), Jan. 

6, 2006, 119 Stat. 3248; Pub. L. 111–383, div. A, title V, Sec. 501(a), Jan. 7, 2011, 124 Stat. 

4206.) 

§ 533. Service credit upon original appointment as a commissioned officer 

(a)(1) For the purpose of determining the grade and rank within grade of a person receiving an original appointment in a commissioned grade (other than a warrant officer grade) in the Regular 

Army, Regular Navy, Regular Air Force, or Regular Marine Corps, 

such person shall be credited at the time of such appointment with 

any active commissioned service (other than service as a commissioned warrant officer) that he performed in any armed force, the 

National Oceanic and Atmospheric Administration, or the Public 

Health Service before such appointment. 

(2) The Secretary of Defense shall prescribe regulations, which 

shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, to authorize the Secretary of the military department 

concerned to limit the amount of prior active commissioned service 

with which a person receiving an original appointment may be 

credited under paragraph (1), or to deny any such credit, in the 

case of a person who at the time of such appointment is credited 

with constructive service under subsection (b). 

(b)(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall 

credit a person who is receiving an original appointment in a commissioned grade (other than a commissioned warrant officer grade) 

in the Regular Army, Regular Navy, Regular Air Force, or Regular 

Marine Corps and who has advanced education or training or special experience with constructive service for such education, training, or experience as follows: 

(A) One year for each year of advanced education beyond 

the baccalaureate degree level, for persons appointed, designated, or assigned in officer categories requiring such advanced education or an advanced degree as a prerequisite for 

such appointment, designation, or assignment. In determining 

the number of years of constructive service to be credited 

under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more 

than, the number of years of advanced education required by 

a majority of institutions that award degrees in that professional field for completion of the advanced education or award 

of the advanced degree. 

(B)(i) Credit for any period of advanced education in a 

health profession (other than medicine and dentistry) beyond 

the baccalaureate degree level which exceeds the basic edu-
§ 533 CH. 33—ORIGINAL APPTMTS OF REGULAR OFFICERS 246 

cation criteria for appointment, designation, or assignment, if 

such advanced education will be directly used by the armed 

force concerned. 

(ii) Credit for experience in a health profession (other than 

medicine or dentistry), if such experience will be directly used 

by the armed force concerned. 

(C) Additional credit of (i) not more than one year for internship or equivalent graduate medical, dental, or other formal professional training required by the armed forces, and (ii) 

not more than one year for each additional year of such graduate-level training or experience creditable toward certification 

in a specialty required by the armed forces. 

(D) Additional credit, in unusual cases, based on special 

experience in a particular field. 

(E) Additional credit for experience as a physician or dentist, if appointed as a medical or dental officer in the Army or 

Navy or, in the case of the Air Force, with a view to designation as a medical or dental officer. 

(2) Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of 

Defense in the case of a medical or dental officer, the amount of 

constructive service credited an officer under this subsection may 

not exceed the amount required in order for the officer to be eligible for an original appointment in the grade of major in the Army, 

Air Force, or Marine Corps or lieutenant commander in the Navy. 

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

(c) Constructive service credited an officer under subsection (b) 

shall be used only for determining the officer’s— 

(1) initial grade as a regular officer; 

(2) rank in grade; and 

(3) service in grade for promotion eligibility. 

(d)(1) Constructive service may not be credited under subsection (b) for education, training, or experience obtained while 

serving as a commissioned officer (other than a warrant officer) on 

active duty or in an active status. However, in the case of an officer 

who completes advanced education or receives an advanced degree 

while on active duty or in an active status and in less than the 

number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, 

subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(1)(A) to the extent that the 

number of years normally required to complete such advanced education or receive such advanced degree exceeds the actual number 

of years in which such advanced education or degree is obtained by 

the officer. 

(2) A graduate of the United States Military Academy, the 

United States Naval Academy, or the United States Air Force 

Academy is not entitled to service credit under this section for service performed, or education, training, or experience obtained, before 

graduation from such Academy. 
247 § 541 CH. 33—ORIGINAL APPTMTS OF REGULAR OFFICERS 

(e) If the Secretary of Defense determines that the number of 

qualified judge advocates serving on active duty in the Army, Navy, 

Air Force, or Marine Corps in grades below major or lieutenant 

commander is critically below the number needed by such armed 

force in such grades, he may authorize the Secretary of the military 

department concerned to credit any person receiving an original appointment in the Judge Advocate General’s Corps of the Army or 

Navy, or any person receiving an original appointment in the Air 

Force or Marine Corps with a view to designation as a judge advocate, with a period of constructive service in such an amount (in 

addition to any period of service credited such person under subsection (b)(1)) as will result in the grade of such person being that 

of captain or, in the case of an officer of the Navy, lieutenant and 

the date of rank of such person being junior to that of all other officers of the same grade serving on active duty. 

(f) A reserve officer (other than a warrant officer) who receives 

an original appointment as an officer (other than as a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall— 

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

the grade and date of rank held by the officer on the activeduty list immediately before the appointment; and 

(2) in the case of an officer not on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as 

the grade and date of rank which the officer would have held 

had the officer been serving on the active-duty list on the date 

of the appointment as a regular officer. 

(Added Pub. L. 96–513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 2846; amended Pub. L. 97– 

22, Sec. 3(c), July 10, 1981, 95 Stat. 125; Pub. L. 98–94, title X, Sec. 1007(c)(1), Sept. 24, 1983, 

97 Stat. 662; Pub. L. 100–180, div. A, title VII, Sec. 714(a), Dec. 4, 1987, 101 Stat. 1112; Pub. 

L. 103–160, div. A, title V, Sec. 509(a), Nov. 30, 1993, 107 Stat. 1647.) 

§ 541. Graduates of the United States Military, Naval, and 

Air Force Academies 

(a) Notwithstanding any other provision of law, each cadet at 

the United States Military Academy or the United States Air Force 

Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his 

preference for appointment, upon graduation, as a commissioned 

officer in either the Army, Navy, Air Force, or Marine Corps. 

(b) With the consent of the Secretary of the military department administering the Academy from which the cadet or midshipman is to be graduated, and of the Secretary of the military 

department having jurisdiction over the armed force for which that 

graduate stated his preference, the graduate is entitled to be accepted for appointment in that armed force. However, not more 

than 121⁄2 percent of any graduating class at an Academy may be 

appointed in armed forces not under the jurisdiction of the military 

department administering that Academy. 

(c) The Secretary of Defense shall, by regulation, provide for 

the equitable distribution of appointments in cases where more 

than 121⁄2 percent of the graduating class of any Academy request 
[§ 555 CH. 33—ORIGINAL APPTMTS OF REGULAR OFFICERS 248 

appointment in armed forces not under the jurisdiction of the military department administering that Academy. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.) 

[§§ 555 to 565. Repealed. Pub. L. 102–190, div. A, title XI, Sec. 

1112(a), Dec. 5, 1991, 105 Stat. 1492] 
249 

CHAPTER 33A—APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR 

MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY 

LIST 

Sec. 

571. Warrant officers: grades. 

572. Warrant officers: original appointment; service credit. 

573. Convening of selection boards. 

574. Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; promotion zones. 

575. Recommendations for promotion by selection boards. 

576. Information to be furnished to selection boards; selection procedures. 

577. Promotions: effect of failure of selection for. 

578. Promotions: how made; effective date. 

579. Removal from a promotion list. 

580. Regular warrant officers twice failing of selection for promotion: involuntary 

retirement or separation. 

580a. Enhanced authority for selective early discharges. 

581. Selective retirement. 

582. Warrant officer active-duty list: exclusions. 

583. Definitions. 

§ 571. Warrant officers: grades 

(a) The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by section 201(b) of title 37 are as follows: 

Warrant officer grade: 

Chief warrant officer, W–5. 

Chief warrant officer, W–4. 

Chief warrant officer, W–3. 

Chief warrant officer, W–2. 

Warrant officer, W–1. 

(b) Appointments in the grade of regular warrant officer, W– 

1, shall be made by warrant, except that with respect to an armed 

force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by 

commission. Appointments in regular chief warrant officer grades 

shall be made by commission by the President, and appointments 

(whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the 

Secretary concerned. 

(c) An appointment may not be made in any of the armed 

forces in the regular warrant officer grade of chief warrant officer, 

W–5, if the appointment would result in more than 5 percent of the 

warrant officers of that armed force on active duty being in the 

grade of chief warrant officer, W–5. In computing the limitation 

prescribed in the preceding sentence, there shall be excluded warrant officers described in section 582 of this title. 
§ 572 CH. 33A—WARRANT OFFICER APPOINTMENTS 250 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1493; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(2), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, 

div. A, title V, Sec. 541(a)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 111–383, div. A, title V, Sec. 

502(a), Jan. 7, 2011, 124 Stat. 4207.) 

§ 572. Warrant officers: original appointment; service credit 

For the purposes of promotion, persons originally appointed in 

regular or reserve warrant officer grades shall be credited with 

such service as the Secretary concerned may prescribe. However, 

such a person may not be credited with a period of service greater 

than the period of active service performed in the grade, or pay 

grade corresponding to the grade, in which so appointed, or in any 

higher grade or pay grade. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1493.) 

§ 573. Convening of selection boards 

(a)(1) Whenever the Secretary concerned determines that the 

needs of the service so require, he shall convene a selection board 

to recommend for promotion to the next higher warrant officer 

grade warrant officers on the warrant officer active-duty list who 

are in the grade of chief warrant officer, W–2, chief warrant officer, 

W–3, or chief warrant officer, W–4. 

(2) Warrant officers serving on the warrant officer active-duty 

list in the grade of warrant officer, W–1, shall be promoted to the 

grade of chief warrant officer, W–2, in accordance with regulations 

prescribed by the Secretary concerned. Such regulations shall require that an officer have served not less than 18 months on active 

duty in the grade of warrant officer, W–1, before promotion to the 

grade of warrant officer, W–2. 

(b) A selection board shall consist of five or more officers who 

are on the active-duty list of the same armed force as the warrant 

officers under consideration by the board. At least five members of 

a selection board must be serving in a permanent grade above 

major or lieutenant commander. The Secretary concerned may appoint warrant officers, senior in grade to those under consideration, 

as additional members of the selection board. If warrant officers 

are appointed members of the selection board and if competitive 

categories have been established by the Secretary under section 

574(b) of this title, at least one must be appointed from each warrant officer competitive category under consideration by the board, 

unless there is an insufficient number of warrant officers in the 

competitive category concerned who are senior in grade to those 

under consideration and qualified, as determined by the Secretary 

concerned, to be appointed as additional members of the board. 

(c) The Secretary concerned may convene selection boards to 

recommend regular warrant officers for continuation on active duty 

under section 580 of this title and for retirement under section 581 

of this title. 

(d) When reserve warrant officers of one of the armed forces 

are to be considered by a selection board convened under subsection (a), the membership of the board shall, if practicable, include at least one reserve officer of that armed force, with the exact 

number of reserve officers to be determined by the Secretary concerned. 
251 § 575 CH. 33A—WARRANT OFFICER APPOINTMENTS 

(e) No officer may serve on two consecutive boards under this 

section, if the second board considers any warrant officer who was 

considered by the first board. 

(f) The Secretary concerned shall prescribe all other matters 

relating to the functions and duties of the boards, including the 

number of members constituting a quorum, and instructions concerning notice of convening of boards and communications with 

boards. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1493; amended 

Pub. L. 103–337, div. A, title V, Sec. 541(b)(1), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–106, 

div. A, title XV, Sec. 1503(a)(5), Feb. 10, 1996, 110 Stat. 511.) 

§ 574. Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; 

promotion zones 

(a) The Secretary concerned shall maintain for each armed 

force under the jurisdiction of that Secretary a single list of all 

warrant officers (other than warrant officers described in section 

582 of this title) who are on active duty. 

(b) The Secretary concerned may establish competitive categories for promotion. Warrant officers in the same competitive category shall compete among themselves for promotion. 

(c) Before convening a selection board under section 573 of this 

title, the Secretary concerned shall determine for each grade (or 

grade and competitive category) to be considered by the board the 

following: 

(1) The maximum number of warrant officers to be recommended for promotion. 

(2) A promotion zone for warrant officers on the warrant 

officer active-duty list. 

(d) The position of a warrant officer on the warrant officer active-duty list shall be determined as follows: 

(1) Warrant officers shall be carried in the order of seniority of the grade in which they are serving on active duty. 

(2) Warrant officers serving in the same grade shall be carried in the order of their rank in that grade. 

(3) A warrant officer on the warrant officer active-duty list 

who receives a temporary appointment or a temporary assignment in a grade other than a warrant officer grade or chief 

warrant officer grade shall retain his position on the warrant 

officer active-duty list while so serving. 

(e) A chief warrant officer may not be considered for promotion 

to the next higher grade under this chapter until the officer has 

completed two years of service on active duty in the grade in which 

the officer is serving. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1494; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(3), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, 

div. A, title V, Sec. 541(b)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–201, div. A, title V, Sec. 

506(a), Sept. 23, 1996, 110 Stat. 2512.) 

§ 575. Recommendations for promotion by selection boards 

(a) A selection board convened under section 573(a) of this title 

shall recommend for promotion to the next higher grade those warrant officers considered by the board whom the board, giving due 

consideration to the needs of the armed force concerned for warrant 
§ 576 CH. 33A—WARRANT OFFICER APPOINTMENTS 252 

officers with particular skills, considers best qualified for promotion 

within each grade (or grade and competitive category) considered 

by the board. 

(b)(1) In the case of a selection board to consider warrant officers for selection for promotion to the grade of chief warrant officer, 

W–3, chief warrant officer, W–4, or chief warrant officer, W–5, the 

Secretary concerned shall establish the number of warrant officers 

that the selection board may recommend from among warrant officers being considered from below the promotion zone within each 

grade (or grade and competitive category). The number of warrant 

officers recommended for promotion from below the promotion zone 

does not increase the maximum number of warrant officers which 

the board is authorized under section 574 of this title to recommend for promotion. 

(2) The number of officers recommended for promotion from 

below the promotion zone may not exceed 10 percent of the total 

number recommended, except that the Secretary of Defense and 

the Secretary of Homeland Security, when the Coast Guard is not 

operating as a service in the Navy, may authorize such percentage 

to be increased to not more than 15 percent. If the number determined under this subsection with respect to a promotion zone within a grade (or grade and competitive category) is less than one, the 

board may recommend one such officer for promotion from below 

the zone within that grade (or grade and competitive category). 

(c) A selection board convened under section 573(a) of this title 

may not recommend a warrant officer for promotion unless— 

(1) the officer receives the recommendation of a majority of 

the members of the board; and 

(2) a majority of the members of the board find that the 

officer is fully qualified for promotion. 

(d) Each time a selection board is convened under section 

573(a) of this title to consider warrant officers in a competitive category for promotion to the next higher grade, each warrant officer 

in the promotion zone, and each warrant officer above the promotion zone, for the grade and competitive category under consideration (except for a warrant officer precluded from consideration 

under regulations prescribed by the Secretary concerned under section 577 of this title) shall be considered for promotion. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1495; amended 

Pub. L. 103–337, div. A, title V, Sec. 501(a), 541(b)(3), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. 

L. 104–201, div. A, title V, Sec. 506(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 106–65, div. A, 

title V, Sec. 505, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 

25, 2002, 116 Stat. 2314.) 

§ 576. Information to be furnished to selection boards; selection procedures 

(a) The Secretary concerned shall furnish to each selection 

board convened under section 573 of this title the following: 

(1) The maximum number of warrant officers that may be 

recommended for promotion from those serving in any grade 

(or grade and competitive category) to be considered, as determined in accordance with section 574 of this title. 

(2) The names and pertinent records of all officers in each 

grade (or grade and competitive category) to be considered. 
253 § 577 CH. 33A—WARRANT OFFICER APPOINTMENTS 

(3) Such information or guidelines relating to the needs of 

the armed force concerned for warrant officers having particular skills, including guidelines or information relating to 

the need for either a minimum number or a maximum number 

of officers with particular skills within a grade or competitive 

category, as the Secretary concerned determines to be relevant 

in relation to the requirements of that armed force. 

(b) From each promotion zone for a grade (or grade and competitive category), the selection board shall recommend for promotion to the next higher warrant officer grade those warrant officers whom it considers best qualified for promotion, but no more 

than the number specified by the Secretary concerned. 

(c) The names of warrant officers selected for promotion under 

this section shall be arranged in the board’s report in order of the 

seniority on the warrant officer active-duty list. 

(d) Under such regulations as the Secretary concerned may 

prescribe, the selection board shall report the names of those warrant officers considered by it whose records establish, in its opinion, their unfitness or unsatisfactory performance. A regular warrant officer whose name is so reported shall be considered, under 

regulations provided by the Secretary concerned, for retirement or 

separation under section 1166 of this title. 

(e) The report of the selection board shall be submitted to the 

Secretary concerned. The Secretary may approve or disapprove all 

or part of the report. 

(f)(1) Upon receipt of the report of a selection board submitted 

to him under subsection (e), the Secretary concerned shall review 

the report to determine whether the board has acted contrary to 

law or regulation or to guidelines furnished the board under this 

section. 

(2) If, on the basis of a review of the report under paragraph 

(1), the Secretary concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board 

under this section, the Secretary shall return the report, together 

with a written explanation of the basis for such determination, to 

the board for further proceedings. Upon receipt of a report returned 

by the Secretary concerned under this paragraph, the selection 

board (or a subsequent selection board convened under section 573 

of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the 

report to be consistent with law, regulation, and such guidelines 

and shall resubmit the report, as revised, to the Secretary in accordance with subsection (e). 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1496; amended 

Pub. L. 103–337, div. A, title V, Sec. 501(b), 541(b)(4), Oct. 5, 1994, 108 Stat. 2748, 2764.) 

§ 577. Promotions: effect of failure of selection for 

A warrant officer who has been considered for promotion by a 

selection board convened under section 573 of this title, but not selected, shall be considered for promotion by each subsequent selection board that considers officers in his grade (or grade and competitive category) until he is retired or separated or he is selected 

for promotion. However, the Secretary concerned may, by regulation, preclude from consideration by a selection board by which he 
§ 578 CH. 33A—WARRANT OFFICER APPOINTMENTS 254 

would otherwise be eligible to be considered, a warrant officer who 

has an established separation date that is within 90 days after the 

date on which the board is convened. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1497.) 

§ 578. Promotions: how made; effective date 

(a) When the report of a selection board convened under this 

chapter is approved by the Secretary concerned, the Secretary shall 

place the names of the warrant officers approved for promotion on 

a single promotion list for each grade (or grade and competitive 

category), in the order of the seniority of such officers on the warrant officer active-duty list. 

(b) Promotions of warrant officers on the warrant officer promotion list shall be made when, in accordance with regulations 

issued by the Secretary concerned, additional warrant officers in 

that grade (or grade and competitive category), are needed. 

(c) A regular warrant officer who is promoted is appointed in 

the regular grade to which promoted, and a reserve warrant officer 

who is promoted is appointed in the reserve grade to which promoted. The date of appointment in that grade and date of rank 

shall be prescribed by the Secretary concerned. A warrant officer 

is entitled to the pay and allowances for the grade to which appointed from the date specified in the appointment order. 

(d) Promotions shall be made in the order in which the names 

of warrant officers appear on the promotion list and after warrant 

officers previously selected for promotion in the applicable grade (or 

grade and competitive category) have been promoted. 

(e) A warrant officer who is appointed to a higher grade under 

this section is considered to have accepted such appointment on the 

date on which the appointment is made unless the officer expressly 

declines the appointment. 

(f) A warrant officer who has served continuously as an officer 

since subscribing to 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 this section. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1497; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(4), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, 

div. A, title V, Sec. 501(c), Oct. 5, 1994, 108 Stat. 2748.) 

§ 579. Removal from a promotion list 

(a) The name of a warrant officer recommended for promotion 

by a selection board convened under this chapter may be removed 

from the report of the selection board by the President. 

(b) The Secretary concerned may remove the name of a warrant officer who is on a promotion list as a result of being recommended for promotion by a selection board convened under this 

chapter at any time before the promotion is effective. 

(c) An officer whose name is removed from the list of officers 

recommended for promotion by a selection board continues to be eligible for consideration for promotion. 

(d) If the next selection board that considers the warrant officer for promotion under this chapter selects the warrant officer for 

promotion and the warrant officer is promoted, the Secretary concerned may, upon his promotion, grant him the same effective date 
255 § 580 CH. 33A—WARRANT OFFICER APPOINTMENTS 

for pay and allowances and the same date of rank, and the same 

position on the warrant officer active-duty list as the warrant officer would have had if his name had not been so removed. 

(e) If the next selection board does not select the warrant officer for promotion, or if his name is again removed under subsection 

(a) from the list of officers recommended for promotion by the selection board or under subsection (b) from the warrant officer promotion list, he shall be treated for all purposes as if he has twice 

failed of selection for promotion. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1497.) 

§ 580. Regular warrant officers twice failing of selection for 

promotion: involuntary retirement or separation 

(a)(1) Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed 

of selection for promotion to the next higher regular warrant officer 

grade shall be retired under paragraph (2) or (3) or separated from 

active duty under paragraph (4). 

(2) If a warrant officer described in paragraph (1) has more 

than 20 years of creditable active service on (A) the date on which 

the Secretary concerned approves the report of the board under 

section 576(e) of this title, or (B) the date on which his name was 

removed from the recommended list under section 579 of this title, 

whichever applies, the warrant officer shall be retired. The date of 

such retirement shall be not later than the first day of the seventh 

calendar month beginning after the applicable date under the preceding sentence, except as provided by section 8301 of title 5. A 

warrant officer retired under this paragraph shall receive retired 

pay computed under section 1401 of this title. 

(3) If a warrant officer described in paragraph (1) has at least 

18 but not more than 20 years of creditable active service on (A) 

the date on which the Secretary concerned approves the report of 

the board under section 576(e) of this title, or (B) the date on which 

his name was removed from the recommended list under section 

579 of this title, whichever applies, the warrant officer shall be retired not later than the date determined under the next sentence 

unless he is selected for promotion to the next higher regular warrant officer grade before that date. The date of the retirement of 

a warrant officer under the preceding sentence shall be on a date 

specified by the Secretary concerned, but not later than the first 

day of the seventh calendar month beginning after the date upon 

which he completes 20 years of active service, except as provided 

by section 8301 of title 5. A warrant officer retired under this paragraph shall receive retired pay computed under section 1401 of this 

title. 

(4)(A) If a warrant officer described in paragraph (1) has less 

than 18 years of creditable active service on (i) the date on which 

the Secretary concerned approves the report of the board under 

section 576(e) of this title, or (ii) the date on which his name was 

removed from the recommended list under section 579 of this title, 

whichever applies, the warrant officer shall be separated (except as 

provided in subparagraph (C)). The date of such separation shall be 

not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence. 
§ 580 CH. 33A—WARRANT OFFICER APPOINTMENTS 256 

(B) A warrant officer separated under this paragraph shall receive separation pay computed under section 1174 of this title, or 

severance pay computed under section 286a of title 14, as appropriate, except in a case in which— 

(i) upon his request and in the discretion of the Secretary 

concerned, he is enlisted in the grade prescribed by the Secretary; or 

(ii) he is serving on active duty in a grade above chief warrant officer, W–5, and he elects, with the consent of the Secretary concerned, to remain on active duty in that status. 

(C) If on the date on which a warrant officer is to be separated 

under subparagraph (A) the warrant officer has at least 18 years 

of creditable active service, the warrant officer shall be retained on 

active duty until retired under paragraph (3) in the same manner 

as if the warrant officer had had at least 18 years of service on the 

applicable date under subparagraph (A) or (B) of that paragraph. 

(5) A warrant officer who is subject to retirement or discharge 

under this subsection is not eligible for further consideration for 

promotion. 

(6) In this subsection, the term ‘‘creditable active service’’ 

means active service that could be credited to a warrant officer 

under section 511 of the Career Compensation Act of 1949, as 

amended (70 Stat. 114). 

(b) The Secretary concerned may defer, for not more than four 

months, the retirement or separation under this section of a warrant officer if, because of unavoidable circumstances, evaluation of 

his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the 

date on which he would otherwise be required to retire or be separated under this section. 

(c) The Secretary concerned may defer, until such date as he 

prescribes, the retirement under subsection (a) of a warrant officer 

who is serving on active duty in a grade above chief warrant officer, W–5, and who elects to continue to so serve. 

(d) If a warrant officer who also holds a grade above chief warrant officer, W–5, is retired or separated under subsection (a), his 

commission in the higher grade shall be terminated on the date on 

which he is so retired or separated. 

(e)(1) A regular warrant officer subject to discharge or retirement under this section may, subject to the needs of the service, 

be continued on active duty if— 

(A) in the case of a warrant officer in the grade of chief 

warrant officer, W–2, or chief warrant officer, W–3, the warrant officer is selected for continuation on active duty by a selection board convened under section 573(c) of this title; and 

(B) in the case of a warrant officer in the grade of chief 

warrant officer, W–4, the warrant officer is selected for continuation on active duty by the Secretary concerned under such 

procedures as the Secretary may prescribe. 

(2)(A) A warrant officer who is selected for continuation on active duty under this subsection but declines to continue on active 

duty shall be discharged, retired, or retained on active duty, as appropriate, in accordance with this section. 
257 § 580a CH. 33A—WARRANT OFFICER APPOINTMENTS 

(B) A warrant officer in the grade of chief warrant officer, W– 

4, who is retained on active duty pursuant to procedures prescribed 

under paragraph (1)(B) is eligible for further consideration for promotion while remaining on active duty. 

(3) Each warrant officer who is continued on active duty under 

this subsection, not subsequently promoted or continued on active 

duty, and not on a list of warrant officers recommended for continuation or for promotion to the next higher regular grade shall, 

unless sooner retired or discharged under another provision of 

law— 

(A) be discharged upon the expiration of his period of continued service; or 

(B) if he is eligible for retirement under any provision of 

law, be retired under that law on the first day of the first 

month following the month in which he completes his period 

of continued service. 

Notwithstanding subparagraph (A), a warrant officer who would 

otherwise be discharged under such subparagraph and who is within two years of qualifying for retirement under section 1293 of this 

title shall, unless he is sooner retired or discharged under some 

other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired. 

(4) The retirement or discharge of a warrant officer pursuant 

to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. 

(5) Continuation of a warrant officer on active duty under this 

subsection pursuant to the action of a selection board convened 

under section 573(c) of this title is subject to the approval of the 

Secretary concerned. 

(6) The Secretary of Defense and the Secretary of Homeland 

Security, when the Coast Guard is not operating as a service in the 

Navy, shall prescribe regulations for the administration of this subsection. 

(f) A warrant officer subject to discharge or retirement under 

this section, but against whom any action has been commenced 

with a view to trying the officer by court-martial, may be continued 

on active duty, without prejudice to such action, until the completion of such action. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1498; amended 

Pub. L. 103–160, div. A, title V, Sec. 505(a), Nov. 30, 1993, 107 Stat. 1645; Pub. L. 103–337, 

div. A, title V, Sec. 541(b)(5), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–364, div. A, title V, Sec. 505(a), (b), Oct. 

17, 2006, 120 Stat. 2179; Pub. L. 111–383, div. A, title V, Sec. 541, Jan. 7, 2011, 124 Stat. 4218.) 

§ 580a. Enhanced authority for selective early discharges 

(a) The Secretary of Defense may authorize the Secretary of a 

military department, during the period beginning on November 30, 

1993, and ending on October 1, 1999, to take the action set forth 

in subsection (b) with respect to regular warrant officers of an 

armed force under the jurisdiction of that Secretary. 

(b) The Secretary of a military department may, with respect 

to regular warrant officers of an armed force, when authorized to 

do so under subsection (a), convene selection boards under section 

573(c) of this title to consider for discharge regular warrant officers 

on the warrant officer active-duty list— 
§ 581 CH. 33A—WARRANT OFFICER APPOINTMENTS 258 

(1) who have served at least one year of active duty in the 

grade currently held; 

(2) whose names are not on a list of warrant officers recommended for promotion; and 

(3) who are not eligible to be retired under any provision 

of law and are not within two years of becoming so eligible. 

(c)(1) In the case of an action under subsection (b), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— 

(A) the names of all regular warrant officers described in 

that subsection in a particular grade and competitive category; 

or 

(B) the names of all regular warrant officers described in 

that subsection in a particular grade and competitive category 

who also are in particular year groups or specialties, or both, 

within that competitive category. 

(2) The Secretary concerned shall specify the total number of 

warrant officers to be recommended for discharge by a selection 

board convened pursuant to subsection (b). That number may not 

be more than 30 percent of the number of officers considered— 

(A) in each grade in each competitive category; or 

(B) in each grade, year group, or specialty (or combination 

thereof) in each competitive category. 

(3) The total number of regular warrant officers described in 

subsection (b) from any of the armed forces (or from any of the 

armed forces in a particular grade) who may be recommended during a fiscal year for discharge by a selection board convened pursuant to the authority of that subsection may not exceed 70 percent 

of the decrease, as compared to the preceding fiscal year, in the 

number of warrant officers of that armed force (or the number of 

warrant officers of that armed force in that grade) authorized to be 

serving on active duty as of the end of that fiscal year. 

(4) A warrant officer who is recommended for discharge by a 

selection board convened pursuant to subsection (b) and whose discharge is approved by the Secretary concerned shall be discharged 

on a date specified by the Secretary concerned. 

(5) Selection of warrant officers for discharge under this subsection shall be based on the needs of the service. 

(d) The discharge of any warrant officer pursuant to this section shall be considered involuntary for purposes of any other provision of law. 

(e) This section applies to the Secretary of Homeland Security 

in the same manner and to the same extent as it applies to the 

Secretary of Defense. The Commandant of the Coast Guard shall 

take the action set forth in subsection (b) with respect to regular 

warrant officers of the Coast Guard. 

(Added Pub. L. 103–160, div. A, title V, Sec. 504(a), Nov. 30, 1993, 107 Stat. 1644; amended 

Pub. L. 103–337, div. A, title V, Sec. 541(g), title X, Sec. 1070(a)(3), Oct. 5, 1994, 108 Stat. 2767, 

2855; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 581. Selective retirement 

(a) A regular warrant officer who holds a warrant officer grade 

above warrant officer, W–1, and whose name is not on a list of warrant officers recommended for promotion and who is eligible to re-
259 § 582 CH. 33A—WARRANT OFFICER APPOINTMENTS 

tire under any provision of law may be considered for retirement 

by a selection board convened under section 573(c) of this title. The 

Secretary concerned shall specify the maximum number of warrant 

officers that such a board may recommend for retirement. 

(b) A warrant officer who is recommended for retirement under 

this section and whose retirement is approved by the Secretary 

concerned shall be retired, under any provision of law under which 

he is eligible to retire, on the date requested by him and approved 

by the Secretary concerned, which date shall be not later than the 

first day of the seventh calendar month beginning after the month 

in which the Secretary concerned approves the report of the board 

which recommended the officer for retirement. 

(c) The retirement of a warrant officer pursuant to this section 

shall be considered to be an involuntary retirement for purposes of 

any other provision of law. 

(d)(1) The Secretary concerned shall prescribe regulations for 

the administration of this section. Such regulations shall require 

that when the Secretary concerned submits a list of regular warrant officers to a selection board convened under section 573(c) of 

this title to consider regular warrant officers for selection for retirement under this section, the list shall include each warrant officer 

on the active-duty list in the same grade or same grade and competitive category whose position on the active-duty list is between 

that of the most junior regular warrant officer in that grade whose 

name is submitted to the board and that of the most senior regular 

warrant officer in that grade whose name is submitted to the 

board. 

(2) Such regulations shall establish procedures to exclude from 

consideration by the board any warrant officer who has been approved for voluntary retirement, or who is to be mandatorily retired under any other provision of law, during the fiscal year in 

which the board is convened or during the following fiscal year. An 

officer not considered by a selection board convened under section 

573(c) of this title under such regulations because the officer has 

been approved for voluntary retirement shall be retired on the date 

approved for the retirement of such officer as of the convening date 

of such selection board unless the Secretary concerned approves a 

modification of such date in order to prevent a personal hardship 

for the officer or for other humanitarian reasons. 

(e) The Secretary concerned may defer for not more than 90 

days the retirement of an officer otherwise approved for early retirement under this section in order to prevent a personal hardship 

to the officer or for other humanitarian reasons. Any such deferral 

shall be made on a case-by-case basis considering the circumstances of the case of the particular officer concerned. The authority of the Secretary to grant such a deferral may not be delegated. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1500; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(5), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, 

div. A, title V, Sec. 541(b)(6), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 104–106, div. A, title V, Sec. 

504(a), Feb. 10, 1996, 110 Stat. 295.) 

§ 582. Warrant officer active-duty list: exclusions 

Warrant officers in the following categories are not subject to 

this chapter: 
§ 583 CH. 33A—WARRANT OFFICER APPOINTMENTS 260 

(1) Reserve warrant officers— 

(A) on active duty as authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; or 

(B) on full-time National Guard duty. 

(2) Retired warrant officers on active duty (other than retired warrant officers who were recalled to active duty before 

February 1, 1992, and have served continuously on active duty 

since that date). 

(3) Students enrolled in the Army Physician’s Assistant 

Program. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1500; amended 

Pub. L. 103–337, div. A, title V, Sec. 501(d), Oct. 5, 1994, 108 Stat. 2748; Pub. L. 104–106, div. 

A, title XV, Sec. 1501(c)(5), Feb. 10, 1996, 110 Stat. 498; Pub. L. 108–375, div. A, title IV, Sec. 

416(i), Oct. 28, 2004, 118 Stat. 1869.) 

§ 583. Definitions 

In this chapter: 

(1) The term ‘‘promotion zone’’ means a promotion eligibility category consisting of officers on a warrant officer activeduty list in the same grade (or the same grade and competitive 

category) who— 

(A) in the case of grades below chief warrant officer, 

W–5, have neither (i) failed of selection for promotion to 

the next higher grade, nor (ii) been removed from a list of 

warrant officers recommended for promotion to that grade 

(other than after having been placed on that list after a selection from below the promotion zone); and 

(B) are senior to the warrant officer designated by the 

Secretary concerned to be the junior warrant officer in the 

promotion zone eligible for promotion to the next higher 

grade. 

(2) The term ‘‘warrant officers above the promotion zone’’ 

means a group of officers on a warrant officer active-duty list 

in the same grade (or the same grade and competitive category) who— 

(A) are eligible for consideration for promotion to the 

next higher grade; 

(B) are in the same grade as warrant officers in the 

promotion zone; and 

(C) are senior to the senior warrant officer in the promotion zone. 

(3) The term ‘‘warrant officers below the promotion zone’’ 

means a group of officers on a warrant officer active-duty list 

in the same grade (or the same grade and competitive category) who— 

(A) are eligible for consideration for promotion to the 

next higher grade; 

(B) are in the same grade as warrant officers in the 

promotion zone; and 

(C) are junior to the junior warrant officer in the promotion zone. 
261 § 583 CH. 33A—WARRANT OFFICER APPOINTMENTS 

(4) The active-duty list referred to in section 573(b) of this 

title includes the active-duty promotion list established by section 41a of title 14. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1501; amended 

Pub. L. 103–337, div. A, title V, Sec. 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.) 
262 

CHAPTER 34—APPOINTMENTS AS RESERVE OFFICERS 

Sec. 

591. Reference to chapters 1205 and 1207. 

§ 591. Reference to chapters 1205 and 1207 

Provisions of law relating to appointments of reserve officers 

other than warrant officers are set forth in chapter 1205 of this 

title (beginning with section 12201). Provisions of law relating to 

appointments and promotion of reserve warrant officers are set 

forth in chapter 1207 (beginning with section 12241). 

(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(d)(3), Oct. 5, 1994, 108 Stat. 2991.) 
263 

CHAPTER 35—TEMPORARY APPOINTMENTS IN OFFICER 

GRADES 

Sec. 

601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. 

[602. Repealed.] 

603. Appointments in time of war or national emergency. 

604. Senior joint officer positions: recommendations to the Secretary of Defense. 

§ 601. Positions of importance and responsibility: generals 

and lieutenant generals; admirals and vice admirals 

(a) The President may designate positions of importance and 

responsibility to carry the grade of general or admiral or lieutenant 

general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, or Marine Corps who 

is serving on active duty in any grade above colonel or, in the case 

of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position 

if he is appointed to that grade by the President, by and with the 

advice and consent of the Senate. Except as provided in subsection 

(b), the appointment of an officer to a grade under this section for 

service in a position of importance and responsibility ends on the 

date of the termination of the assignment of the officer to that position. 

(b) An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position designated under subsection (a) or by law to carry that grade shall 

continue to hold that grade— 

(1) while serving in that position; 

(2) while under orders transferring him to another position 

designated under subsection (a) or by law to carry one of those 

grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on 

which he assumes the second position; 

(3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the 

hospital, but not for more than 180 days; 

(4) at the discretion of the Secretary of Defense, while the 

officer is awaiting orders after being relieved from the position 

designated under subsection (a) or by law to carry one of those 

grades, but not for more than 60 days beginning on the day the 

officer is relieved from the position, unless, during such period, 

the officer is placed under orders to another position designated under subsection (a) or by law to carry one of those 

grades, in which case paragraph (2) will also apply to the officer; and 
[§ 602 CH. 35—TEMP. APPOINTMENTS IN OFFICER GRADES 264 

(5) while awaiting retirement, beginning on the day he is 

relieved from the position designated under subsection (a) or 

by law to carry one of those grades and ending on the day before his retirement, but not for more than 60 days. 

(c)(1) An appointment of an officer under subsection (a) does 

not vacate the permanent grade held by the officer. 

(2) An officer serving in a grade above major general or rear 

admiral who holds the permanent grade of brigadier general or 

rear admiral (lower half) shall be considered for promotion to the 

permanent grade of major general or rear admiral, as appropriate, 

as if he were serving in his permanent grade. 

(d)(1) When an officer is recommended to the President for an 

initial appointment to the grade of lieutenant general or vice admiral, or for an initial appointment to the grade of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the 

Secretary of Defense the Chairman’s evaluation of the performance 

of that officer as a member of the Joint Staff and in other joint 

duty assignments. The Secretary of Defense shall submit the 

Chairman’s evaluation to the President at the same time the recommendation for the appointment is submitted to the President. 

(2) Whenever a vacancy occurs in a position within the Department of Defense that the President has designated as a position of 

importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral or in an office that is 

designated by law to carry such a grade, the Secretary of Defense 

shall inform the President of the qualifications needed by an officer 

serving in that position or office to carry out effectively the duties 

and responsibilities of that position or office. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2849; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, Sec. 523, Oct. 19, 

1984, 98 Stat. 2523; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. 

L. 99–433, title IV, Sec. 403, Oct. 1, 1986, 100 Stat. 1031; Pub. L. 102–190, div. A, title V, Sec. 

502(a), Dec. 5, 1991, 105 Stat. 1354; Pub. L. 104–106, div. A, title IV, Sec. 403(c), Feb. 10, 1996, 

110 Stat. 287; Pub. L. 110–181, div. A, title V, Sec. 501(a), Jan. 28, 2008, 122 Stat. 94.) 

[§ 602. Repealed. Pub. L. 102–190, div. A, title XI, Sec. 

1113(a), Dec. 5, 1991, 105 Stat. 1502] 

§ 603. Appointments in time of war or national emergency 

(a) In time of war, or of national emergency declared by the 

Congress or the President after November 30, 1980, the President 

may appoint any qualified person (whether or not already a member of the armed forces) to any officer grade in the Army, Navy, 

Air Force, or Marine Corps, except that appointments under this 

section may not be made in grades above major general or rear admiral. Appointments under this section shall be made by the President alone, except that an appointment in the grade warrant officer, W–1, shall be made by warrant by the Secretary concerned. 

(b) Any appointment under this section is a temporary appointment and may be vacated by the President at any time. 

(c)(1) Any person receiving an original appointment under this 

section is entitled to service credit as authorized under section 533 

of this title. 

(2) An appointment under this section of a person who is not 

on active duty becomes effective when that person begins active 

duty under that appointment. 
265 § 604 CH. 35—TEMP. APPOINTMENTS IN OFFICER GRADES 

(d) An appointment under this section does not change the permanent status of a member of the armed forces so appointed. A 

member who is appointed under this section shall not incur any reduction in the pay and allowances to which the member was entitled, by virtue of his permanent status, at the time of his appointment under this section. 

(e)(1) An officer who receives an appointment to a higher grade 

under this section is considered to have accepted such appointment 

on the date of the order announcing the appointment unless he expressly declines the appointment. 

(2) An officer who has served continuously since he subscribed 

to 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 this section. 

(f) Unless sooner terminated, an appointment under this section terminates on the earliest of the following: 

(1) The second anniversary of the appointment. 

(2) The end of the six-month period beginning on the last 

day of the war or national emergency during which the appointment was made. 

(3) The date the person appointed is released from active 

duty. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2850; amended Pub. L. 101– 

189, div. A, title VI, Sec. 653(a)(2), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–190, div. A, title 

XI, Sec. 1113(b), (d)(1)(A), Dec. 5, 1991, 105 Stat. 1502.) 

§ 604. Senior joint officer positions: recommendations to the 

Secretary of Defense 

(a) JOINT 4-STAR OFFICER POSITIONS.—(1) Whenever a vacancy 

occurs, or is anticipated to occur, in a position specified in subsection (b)— 

(A) the Secretary of Defense shall require the Secretary of 

the Army to submit the name of at least one Army officer, the 

Secretary of the Navy to submit the name of at least one Navy 

officer and the name of at least one Marine Corps officer, and 

the Secretary of the Air Force to submit the name of at least 

one Air Force officer for consideration by the Secretary for recommendation to the President for appointment to that position; 

and 

(B) the Chairman of the Joint Chiefs of Staff may submit 

to the Secretary of Defense the name of one or more officers 

(in addition to the officers whose names are submitted pursuant to subparagraph (A)) for consideration by the Secretary for 

recommendation to the President for appointment to that position. 

(2) Whenever the Secretaries of the military departments are 

required to submit the names of officers under paragraph (1)(A), 

the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of 

each officer whose name is submitted under that paragraph (and 

of any officer whose name the Chairman submits to the Secretary 

under paragraph (1)(B) for consideration for the same vacancy). 

The Chairman’s evaluation shall primarily consider the performance of the officer as a member of the Joint Staff and in other joint 
§ 604 CH. 35—TEMP. APPOINTMENTS IN OFFICER GRADES 266 

duty assignments, but may include consideration of other aspects 

of the officer’s performance as the Chairman considers appropriate. 

(b) COVERED POSITIONS.—Subsection (a) applies to the following positions: 

(1) Commander of a combatant command. 

(2) Commander, United States Forces, Korea. 

(3) Deputy commander, United States European Command, but only if the commander of that command is also the 

Supreme Allied Commander, Europe. 

(Added Pub. L. 103–337, div. A, title IV, Sec. 405(c)(1), Oct. 5, 1994, 108 Stat. 2745; Pub. L. 

104–201, div. A, title IV, Sec. 404(a), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 106–65, div. A, 

title V, Sec. 509(a), Oct. 5, 1999, 113 Stat. 592; Pub. L. 107–314, div. A, title IV, Sec. 405(a), 

Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–136, div. A, title V, Sec. 504(a), Nov. 24, 2003, 117 

Stat. 1456.) 
267 

CHAPTER 36—PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVEDUTY LIST 

Subchapter Sec. 

I. Selection Boards ......................................................................................... 611 

II. Promotions .................................................................................................. 619 

III. Failure of Selection for Promotion and Retirement for Years of Service 627 

IV. Continuation on Active Duty and Selective Early Retirement ............... 637 

V. Additional Provisions Relating to Promotion, Separation, and Retirement ......................................................................................................... 641 

SUBCHAPTER I—SELECTION BOARDS 

Sec. 

611. Convening of selection boards. 

612. Composition of selection boards. 

613. Oath of members of selection boards. 

613a. Nondisclosure of board proceedings. 

614. Notice of convening of selection boards. 

615. Information furnished to selection boards. 

616. Recommendations for promotion by selection boards. 

617. Reports of selection boards. 

618. Action on reports of selection boards. 

§ 611. Convening of selection boards 

(a) Whenever the needs of the service require, the Secretary of 

the military department concerned shall convene selection boards 

to recommend for promotion to the next higher permanent grade, 

under subchapter II of this chapter, officers on the active-duty list 

in each permanent grade from first lieutenant through brigadier 

general in the Army, Air Force, or Marine Corps and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. 

The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first 

lieutenant or, in the case of the Navy, lieutenant (junior grade) 

when the Secretary concerned recommends for promotion to the 

next higher grade under section 624(a)(3) of this title all such officers whom the Secretary finds to be fully qualified for promotion. 

(b) Whenever the needs of the service require, the Secretary of 

the military department concerned may convene selection boards to 

recommend officers for continuation on active duty under section 

637 of this title or for early retirement under section 638 of this 

title. 

(c) The convening of selection boards under subsections (a) and 

(b) shall be under regulations prescribed by the Secretary of Defense. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2851; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 

8, 1985, 99 Stat. 628; Pub. L. 107–107, div. A, title V, Sec. 505(a)(3), Dec. 28, 2001, 115 Stat. 

1086.) 
§ 612 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 268 

§ 612. Composition of selection boards 

(a)(1) Members of selection boards shall be appointed by the 

Secretary of the military department concerned in accordance with 

this section. A selection board shall consist of five or more officers 

of the same armed force as the officers under consideration by the 

board. Each member of a selection board (except as provided in 

paragraphs (2), (3), and (4)) shall be an officer on the active-duty 

list. Each member of a selection board must be serving in a grade 

higher than the grade of the officers under consideration by the 

board, except that no member of a board may be serving in a grade 

below major or lieutenant commander. 

(2)(A) Except as provided in subparagraph (B), a selection 

board shall include at least one officer from each competitive category of officers to be considered by the board. 

(B) A selection board need not include an officer from a competitive category to be considered by the board when there are no 

officers of that competitive category on the active-duty list in a 

grade higher than the grade of the officers to be considered by the 

board and eligible to serve on the board. However, in such a case 

the Secretary of the military department concerned, in his discretion, may appoint as a member of the board an officer of that competitive category who is not on the active-duty list from among officers of the same armed force as the officers under consideration by 

the board who hold a higher grade than the grade of the officers 

under consideration and who are retired officers, reserve officers 

serving on active duty but not on the active-duty list, or members 

of the Ready Reserve. 

(3) When reserve officers of an armed force are to be considered by a selection board, the membership of the board shall include at least one reserve officer of that armed force on active duty 

(whether or not on the active-duty list). The actual number of reserve officers shall be determined by the Secretary of the military 

department concerned, in the Secretary’s discretion. Notwithstanding the first sentence of this paragraph, in the case of a board 

which is considering officers in the grade of colonel or brigadier 

general or, in the case of officers of the Navy, captain or rear admiral (lower half), no reserve officer need be included if there are no 

reserve officers of that armed force on active duty in the next higher grade who are eligible to serve on the board. 

(4) Except as provided in paragraphs (2) and (3), if qualified officers on the active-duty list are not available in sufficient number 

to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board officers who are members of the 

same armed force and hold a grade higher than the grade of the 

officers under consideration by the board and who are retired officers, reserve officers serving on active duty but not on the activeduty list, or members of the Ready Reserve. 

(5) A retired general or flag officer who is on active duty for 

the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general 

and flag officers who may be on active duty. 
269 § 614 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(b) No officer may be a member of two successive selection 

boards convened under section 611(a) of this title for the consideration of officers of the same competitive category and grade. 

(c)(1) Each selection board convened under section 611(a) of 

this title that will consider an officer described in paragraph (2) 

shall include at least one officer designated by the Chairman of the 

Joint Chiefs of Staff who is a joint qualified officer. 

(2) Paragraph (1) applies with respect to an officer who— 

(A) is serving on, or has served on, the Joint Staff; or 

(B) is a joint qualified officer. 

(3) The Secretary of Defense may waive the requirement in 

paragraph (1) in the case of— 

(A) any selection board of the Marine Corps; or 

(B) any selection board that is considering officers in specialties identified in paragraph (2) or (3) of section 619a(b) of 

this title. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2851; amended Pub. L. 97–22, 

Sec. 4(a), July 10, 1981, 95 Stat. 125; Pub. L. 97–86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 

Stat. 1105; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, 

title IV, Sec. 402(a), Oct. 1, 1986, 100 Stat. 1030; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 

504(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–101; Pub. L. 111–383, div. A, title V, Sec. 522(a), 

Jan. 7, 2011, 124 Stat. 4214.) 

§ 613. Oath of members of selection boards 

Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of officers and 

the efficiency of his armed force. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2851.) 

§ 613a. Nondisclosure of board proceedings 

(a) PROHIBITION ON DISCLOSURE.—The proceedings of a selection board convened under section 573, 611, or 628 of this title may 

not be disclosed to any person not a member of the board, except 

as authorized or required to process the report of the board. This 

prohibition is a statutory exemption from disclosure, as described 

in section 552(b)(3) of title 5. 

(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, 

NOTES, AND RECORDS.—The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations— 

(1) are immune from legal process; 

(2) may not be admitted as evidence; and 

(3) may not be used for any purpose in any action, suit, or 

judicial or administrative proceeding without the consent of 

the Secretary of the military department concerned. 

(c) APPLICABILITY.—This section applies to all selection boards 

convened under section 573, 611, or 628 of this title, regardless of 

the date on which the board was convened. 

(Added Pub. L. 109–364, div. A, title V, Sec. 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended 

Pub. L. 111–383, div. A, title V, Sec. 503(a), Jan. 7, 2011, 124 Stat. 4207.) 

§ 614. Notice of convening of selection boards 

(a) At least 30 days before a selection board is convened under 

section 611(a) of this title to recommend officers in a grade for pro-
§ 615 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 270 

motion to the next higher grade, the Secretary concerned (1) shall 

notify in writing the officers eligible for consideration for promotion 

of the date on which the board is to convene and the name and 

date of rank of the junior officer, and of the senior officer, in the 

promotion zone as of the date of the notification, or (2) shall issue 

a general written notice to the armed force concerned regarding the 

convening of the board which shall include the convening date of 

the board and the name and date of rank of the junior officer, and 

of the senior officer, in the promotion zone as of the date of the notification. 

(b) An officer eligible for consideration by a selection board convened under section 611(a) of this title may send a written communication to the board, to arrive not later than the day before the 

date the board convenes, calling attention to any matter concerning 

himself that the officer considers important to his case. The selection board shall give consideration to any timely communication 

under this subsection. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 97–22, 

Sec. 4(b), July 10, 1981, 95 Stat. 126; Pub. L. 102–190, div. A, title V, Sec. 504(a)(2)(A), Dec. 

5, 1991, 105 Stat. 1357; Pub. L. 109–163, div. A, title V, Sec. 505(a), Jan. 6, 2006, 119 Stat. 

3227.) 

§ 615. Information furnished to selection boards 

(a)(1) The Secretary of Defense shall prescribe regulations governing information furnished to selection boards convened under 

section 611(a) of this title. Those regulations shall apply uniformly 

among the military departments. Any regulations prescribed by the 

Secretary of a military department to supplement those regulations 

may not take effect without the approval of the Secretary of Defense in writing. 

(2) No information concerning a particular eligible officer may 

be furnished to a selection board except for the following: 

(A) Information that is in the officer’s official military personnel file and that is provided to the selection board in accordance with the regulations prescribed by the Secretary of 

Defense pursuant to paragraph (1). 

(B) Other information that is determined by the Secretary 

of the military department concerned, after review by that Secretary in accordance with standards and procedures set out in 

the regulations prescribed by the Secretary of Defense pursuant to paragraph (1), to be substantiated, relevant information 

that could reasonably and materially affect the deliberations of 

the selection board. 

(C) Subject to such limitations as may be prescribed in 

those regulations, information communicated to the board by 

the officer in accordance with this section, section 614(b) of this 

title (including any comment on information referred to in subparagraph (A) regarding that officer), or other applicable law. 

(D) A factual summary of the information described in subparagraphs (A), (B), and (C) that, in accordance with the regulations prescribed pursuant to paragraph (1), is prepared by 

administrative personnel for the purpose of facilitating the 

work of the selection board. 

(3) In the case of an eligible officer considered for promotion to 

a grade above colonel or, in the case of the Navy, captain, any cred-
271 § 615 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

ible information of an adverse nature, including any substantiated 

adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations 

prescribed by the Secretary of Defense pursuant to paragraph (1). 

(4) Information provided to a selection board in accordance 

with paragraphs (2) and (3) shall be made available to all members 

of the board and shall be made a part of the record of the board. 

Communication of such information shall be in a written form or 

in the form of an audio or video recording. If a communication is 

in the form of an audio or video recording, a written transcription 

of the recording shall also be made a part of the record of the selection board. 

(5) Paragraphs (2), (3), and (4) do not apply to the furnishing 

of appropriate administrative processing information to the selection board by administrative staff designated to assist the board, 

but only to the extent that oral communications are necessary to 

facilitate the work of the board. 

(6) Information furnished to a selection board that is described 

in subparagraph (B), (C), or (D) of paragraph (2), or in paragraph 

(3), may not be furnished to a later selection board unless— 

(A) the information has been properly placed in the official 

military personnel file of the officer concerned; or 

(B) the information is provided to the later selection board 

in accordance with paragraph (2) or (3), as applicable. 

(7)(A) Before information described in paragraph (2)(B) or (3) 

regarding an eligible officer is furnished to a selection board, the 

Secretary of the military department concerned shall ensure— 

(i) that such information is made available to such officer; 

and 

(ii) that the officer is afforded a reasonable opportunity to 

submit comments on that information to the selection board. 

(B) If an officer cannot be given access to the information referred to in subparagraph (A) because of its classification status, 

the officer shall, to the maximum extent practicable, be furnished 

with an appropriate summary of the information. 

(b) The Secretary of the military department concerned shall 

furnish each selection board convened under section 611(a) of this 

title with— 

(1) the maximum number, as determined in accordance 

with section 622 of this title, of officers in each competitive category under consideration that the board may recommend for 

promotion to the next higher grade; 

(2) the names of all officers in each competitive category 

to be considered by the board for promotion; 

(3) the pertinent records (as determined by the Secretary) 

of each officer whose name is furnished to the board; 

(4) information or guidelines relating to the needs of the 

armed force concerned for officers having particular skills, including guidelines or information relating to the need for either 

a minimum number or a maximum number of officers with 

particular skills within a competitive category; 

(5) guidelines, based upon guidelines received by the Secretary from the Secretary of Defense under subsection (c), for 
§ 616 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 272 

the purpose of ensuring that the board gives appropriate consideration to the performance of officers who are serving on, or 

have served on, the Joint Staff or are joint qualified officers; 

and 

(6) such other information and guidelines as may be necessary to enable the board to properly perform its functions. 

(c) The Secretary of Defense, with the advice and assistance of 

the Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries of the military departments guidelines for the purpose of 

ensuring that each selection board convened under section 611(a) 

of this title gives appropriate consideration to the performance of 

officers who are serving on, or have served on, the Joint Staff or 

are joint qualified officers. 

(d) Information or guidelines furnished to a selection board 

under subsection (b) may not be modified, withdrawn, or supplemented after the board submits the report to the Secretary of the 

military department concerned pursuant to section 617(a) of this 

title, except that, in the case of a report returned to a board pursuant to section 618(a)(2) of this title for further proceedings because 

of a determination by the Secretary of the military department concerned that the board acted contrary to law, regulation, or guidelines, the Secretary may modify, withdraw, or supplement such information or guidelines as part of a written explanation to the 

board as provided in that section. 

(e) The Secretary of each military department, under uniform 

regulations prescribed by the Secretary of Defense, shall include in 

guidelines furnished to a selection board convened under section 

611(a) of this title that is considering officers in a health-professions competitive category for promotion to a grade below colonel 

or, in the case of the Navy, captain, a direction that the board give 

consideration to an officer’s clinical proficiency and skill as a health 

professional to at least as great an extent as the board gives to the 

officer’s administrative and management skills. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 99–433, 

title IV, Sec. 402(b), Oct. 1, 1986, 100 Stat. 1030; Pub. L. 100–456, div. A, title V, Sec. 501(a), 

Sept. 29, 1988, 102 Stat. 1965; Pub. L. 101–189, div. A, title V, Sec. 519, Nov. 29, 1989, 103 

Stat. 1444; Pub. L. 102–190, div. A, title V, Sec. 504(a)(1), Dec. 5, 1991, 105 Stat. 1355; Pub. 

L. 102–484, div. A, title X, Sec. 1052(7), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 109–163, div. 

A, title V, Sec. 506(a), Jan. 6, 2006, 119 Stat. 3227; Pub. L. 111–383, div. A, title V, Sec. 522(b), 

Jan. 7, 2011, 124 Stat. 4215.) 

§ 616. Recommendations for promotion by selection boards 

(a) A selection board convened under section 611(a) of this title 

shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the armed force concerned for officers with 

particular skills (as noted in the guidelines or information furnished the board under section 615(b) of this title), considers best 

qualified for promotion within each competitive category considered 

by the board. 

(b) The Secretary of the military department concerned shall 

establish the number of officers such a selection board may recommend for promotion from among officers being considered from 

below the promotion zone in any competitive category. Such number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to rec-
273 § 617 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

ommend for promotion in such competitive category, except that 

the Secretary of Defense may authorize a greater number, not to 

exceed 15 percent of the total number of officers that the board is 

authorized to recommend for promotion, if the Secretary of Defense 

determines that the needs of the service so require. If the number 

determined under this subsection is less than one, the board may 

recommend one such officer. The number of officers recommended 

for promotion from below the promotion zone does not increase the 

maximum number of officers which the board is authorized under 

section 615 of this title to recommend for promotion. 

(c) A selection board convened under section 611(a) of this title 

may not recommend an officer for promotion unless— 

(1) the officer receives the recommendation of a majority of 

the members of the board; 

(2) a majority of the members of the board finds that the 

officer is fully qualified for promotion; and 

(3) a majority of the members of the board, after consideration by all members of the board of any adverse information 

about the officer that is provided to the board under section 

615 of this title, finds that the officer is among the officers best 

qualified for promotion to meet the needs of the armed force 

concerned consistent with the requirement of exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable. 

(d) Except as otherwise provided by law, an officer on the active-duty list may not be promoted to a higher grade under this 

chapter unless he is considered and recommended for promotion to 

that grade by a selection board convened under this chapter. 

(e) The recommendations of a selection board may be disclosed 

only in accordance with regulations prescribed by the Secretary of 

Defense. Those recommendations may not be disclosed to a person 

not a member of the board (or a member of the administrative staff 

designated by the Secretary concerned to assist the board) until the 

written report of the recommendations of the board, required by 

section 617 of this title, is signed by each member of the board. 

(f) The Secretary convening a selection board under section 

611(a) of this title, and an officer or other official exercising authority over any member of a selection board, may not— 

(1) censure, reprimand, or admonish the selection board or 

any member of the board with respect to the recommendations 

of the board or the exercise of any lawful function within the 

authorized discretion of the board; or 

(2) attempt to coerce or, by any unauthorized means, influence any action of a selection board or any member of a selection board in the formulation of the board’s recommendations. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 100– 

456, div. A, title V, Sec. 501(b), Sept. 29, 1988, 102 Stat. 1966; Pub. L. 102–190, div. A, title 

V, Sec. 504(b), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 102–484, div. A, title X, Sec. 1052(8), Oct. 

23, 1992, 106 Stat. 2499; Pub. L. 109–364, div. A, title V, Sec. 512(a), Oct. 17, 2006, 120 Stat. 

2184.) 

§ 617. Reports of selection boards 

(a) Each selection board convened under section 611(a) of this 

title shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, con-
§ 618 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 274 

taining 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 armed force concerned (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) A selection board convened under section 611(a) of this title 

shall include in its report to the Secretary concerned the name of 

any regular or reserve 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 

chapter 60 or 1411 of this title to show cause for his retention on 

active duty. 

(c) A selection board convened under section 611(a) of this title 

shall include in its report to the Secretary concerned the name of 

any officer considered and not recommended for promotion by the 

board who submitted to the board a request not to be selected for 

promotion or who otherwise directly caused his nonselection 

through written communication to the Board under section 614(b) 

of this title. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2853; amended Pub. L. 100– 

456, div. A, title V, Sec. 501(c), Sept. 29, 1988, 102 Stat. 1966; Pub. L. 102–484, div. A, title 

X, Sec. 1052(8), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title XVI, Sec. 1623, 

Oct. 5, 1994, 108 Stat. 2961; Pub. L. 105–261, div. A, title V, Sec. 502(b), Oct. 17, 1998, 112 

Stat. 2003; Pub. L. 106–65, div. A, title V, Sec. 503(a), Oct. 5, 1999, 113 Stat. 590.) 

§ 618. Action on reports of selection boards 

(a)(1) Upon receipt of the report of a selection board submitted 

to him under section 617(a) of this title, the Secretary of the military department concerned shall review the report to determine 

whether the board has acted contrary to law or regulation or to 

guidelines furnished the board under section 615(b) of this title. 

Following such review, unless the Secretary concerned makes a determination as described in paragraph (2), the Secretary shall submit the report as required by subsection (b) or (c), as appropriate. 

(2) If, on the basis of a review of the report under paragraph 

(1), the Secretary of the military department concerned determines 

that the board acted contrary to law or regulation or to guidelines 

furnished the board under section 615(b) of this title, the Secretary 

shall return the report, together with a written explanation of the 

basis for such determination, to the board for further proceedings. 

Upon receipt of a report returned by the Secretary concerned under 

this paragraph, the selection board (or a subsequent selection 

board convened under section 611(a) of this title for the same grade 

and competitive category) shall conduct such proceedings as may be 

necessary in order to revise the report to be consistent with law, 

regulation, and such guidelines and shall resubmit the report, as 

revised, to the Secretary in accordance with section 617 of this 

title. 

(b)(1) After completing the requirements of subsection (a), the 

Secretary concerned, in the case of the report of a selection board 
275 § 618 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

that considered officers who are serving on, or have served on, the 

Joint Staff or are joint qualified officers, shall submit the report to 

the Chairman of the Joint Chiefs of Staff. 

(2) The Chairman, in accordance with guidelines furnished to 

the Chairman by the Secretary of Defense, shall review the report 

for the purpose of determining if— 

(A) the selection board acted consistent with the guidelines 

of the Secretary of Defense under section 615(c) of this title to 

ensure that selection boards give appropriate consideration to 

the performance of officers who are serving on, or have served 

on, the Joint Staff or are joint qualified officers; and 

(B) the selection board otherwise gave appropriate consideration to the performance of officers who are serving on, or 

have served on, the Joint Staff or are joint qualified officers. 

(3) After reviewing the report, the Chairman shall return the 

report, with his determinations and comments, to the Secretary 

concerned. 

(4) If the Chairman determines that the board acted contrary 

to the guidelines of the Secretary of Defense under section 615(c) 

of this title or otherwise failed to give appropriate consideration to 

the performance of officers who are serving on, or have served on, 

the Joint Staff or are joint qualified officers, the Secretary concerned may— 

(A) return the report, together with the Chairman’s determinations and comments, to the selection board (or a subsequent selection board convened under section 611(a) of this 

title for the same grade and competitive category) for further 

proceedings in accordance with subsection (a); 

(B) convene a special selection board in the manner provided for under section 628 of this title; or 

(C) take other appropriate action to satisfy the concerns of 

the Chairman. 

(5) If, after completion of all actions taken under paragraph 

(4), the Secretary concerned and the Chairman remain in disagreement with respect to the report of a selection board, the Secretary 

concerned shall indicate such disagreement, and the reasons for 

such disagreement, as part of his transmittal of the report of the 

selection board to the Secretary of Defense under subsection (c). 

Such transmittal shall include any comments submitted by the 

Chairman. 

(c)(1) After his final review of the report of a selection board, 

the Secretary concerned shall submit the report, with his recommendations thereon, to the Secretary of Defense for transmittal 

to the President for his approval or disapproval. The Secretary of 

Defense shall, before transmitting the report of a selection board 

to the President, take appropriate action to resolve any disagreement between the Secretary concerned and the Chairman transmitted to him under subsection (b)(5). If the authority of the President under this paragraph to approve or disapprove the report of 

a selection board is delegated to the Secretary of Defense, it may 

not be redelegated except to an official in the Office of the Secretary of Defense. 

(2) If the report of a selection board names an officer as having 

a record which indicates that the officer should be required to show 
§ 618 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 276 

cause for his retention on active duty, the Secretary concerned may 

provide for the review of the record of that officer as provided for 

under regulations prescribed under section 1181 of this title. 

(d)(1) Except as provided in paragraph (2), the name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. 

(2) In the case of an officer recommended by a selection board 

for promotion to a grade below brigadier general or rear admiral 

(lower half), the name of the officer may also be removed from the 

report of the selection board by the Secretary of Defense or the 

Deputy Secretary of Defense. 

(e)(1) The names of the officers recommended for promotion in 

the report of a selection board shall be disseminated to the armed 

force concerned as follows: 

(A) In the case of officers recommended for promotion to a 

grade below brigadier general or rear admiral (lower half), 

such names may be disseminated upon, or at any time after, 

the transmittal of the report to the President. 

(B) In the case of officers recommended for promotion to a 

grade above colonel or, in the case of the Navy, captain, such 

names may be disseminated upon, or at any time after, the approval of the report by the President. 

(C) In the case of officers whose names have not been 

sooner disseminated, such names shall be promptly disseminated upon confirmation by the Senate. 

(2) A list of names of officers disseminated under paragraph (1) 

may not include— 

(A) any name removed by the President from the report of 

the selection board containing that name, if dissemination is 

under the authority of subparagraph (B) of such paragraph; or 

(B) the name of any officer whose promotion the Senate 

failed to confirm, if dissemination is under the authority of 

subparagraph (C) of such paragraph. 

[(f) Repealed. Pub. L. 109–364, div. A, title V, Sec. 547(a)(2), 

Oct. 17, 2006, 120 Stat. 2216] 

(g) If the Secretary of a military department or the Secretary 

of Defense makes a recommendation under this section that the 

name of an officer be removed from a report of a selection board 

and the recommendation is accompanied by information that was 

not presented to that selection board, that information shall be 

made available to that officer. The officer shall then be afforded a 

reasonable opportunity to submit comments on that information to 

the officials making the recommendation and the officials reviewing 

the recommendation. If an eligible officer cannot be given access to 

such information because of its classification status, the officer 

shall, to the maximum extent practicable, be provided with an appropriate summary of the information. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2853; amended Pub. L. 98–525, 

title V, Sec. 524(a), Oct. 19, 1984, 98 Stat. 2524; Pub. L. 99–433, title IV, Sec. 402(c), Oct. 1, 

1986, 100 Stat. 1030; Pub. L. 100–456, div. A, title V, Sec. 501(d), Sept. 29, 1988, 102 Stat. 1966; 

Pub. L. 102–190, div. A, title V, Sec. 504(c), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 102–484, div. 

A, title X, Sec. 1052(8), (9), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 106–398, Sec. 1 [[div. A], title 

V, Sec. 503(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–100; Pub. L. 109–364, div. A, title V, Secs. 

513(a), 547(a)(2), Oct. 17, 2006, 120 Stat. 2184, 2216; Pub. L. 111–383, div. A, title V, Sec. 

522(c), Jan. 7, 2011, 124 Stat. 4215.) 
277 § 619 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

SUBCHAPTER II—PROMOTIONS 

Sec. 

619. Eligibility for consideration for promotion: time-in-grade and other requirements. 

619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions. 

620. Active-duty lists. 

621. Competitive categories for promotion. 

622. Numbers to be recommended for promotion. 

623. Establishment of promotion zones. 

624. Promotions: how made. 

625. Authority to vacate promotions to grades of brigadier general and rear admiral (lower half). 

626. Acceptance of promotions; oath of office. 

§ 619. Eligibility for consideration for promotion: time-ingrade and other requirements 

(a) TIME-IN-GRADE REQUIREMENTS.—(1) An officer who is on 

the active-duty list of the Army, Air Force, or Marine Corps and 

holds a permanent appointment in the grade of second lieutenant 

or first lieutenant or is on the active-duty list of the Navy and 

holds a permanent appointment in the grade of ensign or lieutenant (junior grade) may not be promoted to the next higher permanent grade until he has completed the following period of service 

in the grade in which he holds a permanent appointment: 

(A) Eighteen months, in the case of an officer holding a 

permanent appointment in the grade of second lieutenant or 

ensign. 

(B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant 

(junior grade), except that the minimum period of service in effect under this subparagraph before October 1, 2008, shall be 

eighteen months. 

(2) Subject to paragraph (4), an officer who is on the activeduty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant or is on the 

active-duty list of the Navy and holds a permanent appointment in 

a grade above lieutenant (junior grade) may not be considered for 

selection for promotion to the next higher permanent grade until 

he has completed the following period of service in the grade in 

which he holds a permanent appointment: 

(A) Three years, in the case of an officer of the Army, Air 

Force, or Marine Corps holding a permanent appointment in 

the grade of captain, major, or lieutenant colonel or of an officer of the Navy holding a permanent appointment in the grade 

of lieutenant, lieutenant commander, or commander. 

(B) One year, in the case of an officer of the Army, Air 

Force, or Marine Corps holding a permanent appointment in 

the grade of colonel or brigadier general or of an officer of the 

Navy holding a permanent appointment in the grade of captain 

or rear admiral (lower half). 

(3) When the needs of the service require, the Secretary of the 

military department concerned may prescribe a longer period of 

service in grade for eligibility for promotion, in the case of officers 

to whom paragraph (1) applies, or for eligibility for consideration 

for promotion, in the case of officers to whom paragraph (2) applies. 
§ 619 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 278 

(4) The Secretary of the military department concerned may 

waive paragraph (2) to the extent necessary to assure that officers 

described in subparagraph (A) of such paragraph have at least two 

opportunities for consideration for promotion to the next higher 

grade as officers below the promotion zone. 

(5) In computing service in grade for purposes of this section, 

service in a grade held as a result of assignment to a position is 

counted as service in the grade in which the officer would have 

served except for such assignment or appointment. 

(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR PRO- MOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF SELEC- TION.—(1) Except as provided in paragraph (2), an officer who has 

failed of selection for promotion to the next higher grade remains 

eligible for consideration for promotion to that grade as long as he 

continues on active duty in other than a retired status and is not 

promoted. 

(2) Paragraph (1) does not apply to a regular officer who is ineligible for consideration for promotion under section 631(c) of this 

title or to a reserve officer who has failed of selection for promotion 

to the grade of captain or, in the case of an officer of the Navy, 

lieutenant for the second time. 

(c) OFFICERS TO BE CONSIDERED BY PROMOTION BOARDS.—(1) 

Each time a selection board is convened under section 611(a) of this 

title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone 

(except as provided under paragraph (2)), and each officer above 

the promotion zone, for the grade and competitive category under 

consideration shall be considered for promotion. 

(2) The Secretary of the military department concerned— 

(A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall 

apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; 

(B) may, by regulation, prescribe a period of time, not to 

exceed one year, from the time an officer is placed on the active-duty list during which the officer shall be ineligible for 

consideration for promotion; and 

(C) may, by regulation, preclude from consideration by a 

selection board by which he would otherwise be eligible to be 

considered, an officer who has an established separation date 

that is within 90 days after the date the board is convened. 

(3)(A) The Secretary of Defense may authorize the Secretaries 

of the military departments to preclude from consideration by selection boards for promotion to the grade of brigadier general or 

rear admiral (lower half) officers in the grade of colonel or, in the 

case of the Navy, captain who— 

(i) have been considered and not selected for promotion to 

the grade of brigadier general or rear admiral (lower half) by 

at least two selection boards; and 

(ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being 

exceptionally well qualified for promotion. 
279 § 619 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(B) If the Secretary of Defense authorizes the Secretaries of the 

military departments to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and 

shall include the following provisions: 

(i) A requirement that the Secretary of a military department may exercise such authority in the case of a particular 

selection board only if the Secretary of Defense approves the 

exercise of that authority for that board. 

(ii) A requirement that an officer may be precluded from 

consideration by a selection board under this paragraph only 

upon the recommendation of a preselection board of officers 

convened by the Secretary of the military department concerned and composed of at least three officers all of whom are 

serving in a grade higher than the grade of such officer. 

(iii) A requirement that such a preselection board may not 

recommend that an officer be precluded from such consideration unless the Secretary concerned has given the officer advance written notice of the convening of such board and of the 

military records that will be considered by the board and has 

given the officer a reasonable period before the convening of 

the board in which to submit comments to the board. 

(iv) A requirement that the Secretary convening such a 

preselection board shall provide general guidance to the board 

in accordance with standards and procedures prescribed by the 

Secretary of Defense in those regulations. 

(v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a 

selection board only on the basis of the general guidance provided by the Secretary of the military department concerned, 

information in the officer’s official military personnel records 

that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the 

board received from that officer before the board convenes. 

(d) CERTAIN OFFICERS NOT TO BE CONSIDERED.—A selection 

board convened under section 611(a) of this title may not consider 

for promotion to the next higher grade any of the following officers: 

(1) An officer whose name is on a promotion list for that 

grade as a result of his selection for promotion to that grade 

by an earlier selection board convened under that section. 

(2) An officer who is recommended for promotion to that 

grade in the report of an earlier selection board convened 

under that section, in the case of such a report that has not 

yet been approved by the President. 

(3) An officer of the Marine Corps who is an officer designated for limited duty and who holds a grade above major. 

(4) An officer in the grade of first lieutenant or, in the case 

of the Navy, lieutenant (junior grade) who is on an approved 

all-fully-qualified-officers list under section 624(a)(3) of this 

title. 

(5) An officer in the grade of captain or, in the case of the 

Navy, lieutenant who is not a citizen of the United States. 
§ 619a CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 280 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2854; amended Pub. L. 97–22, 

Sec. 4(c), July 10, 1981, 95 Stat. 126; Pub. L. 97–86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 

Stat. 1105; Pub. L. 98–525, title V, Sec. 525(a), (b), 529(a), Oct. 19, 1984, 98 Stat. 2524, 2525, 

2526; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title 

IV, Sec. 404, Oct. 1, 1986, 100 Stat. 1032; Pub. L. 100–180, div. A, title XIII, Sec. 1305(a), 

1314(b)(4), Dec. 4, 1987, 101 Stat. 1173, 1175; Pub. L. 100–456, div. A, title V, Sec. 515(a)(1), 

(b), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 102–190, div. A, title V, Sec. 504(d), Dec. 5, 1991, 

105 Stat. 1357; Pub. L. 103–160, div. A, title IX, Sec. 931(b), (c)(1), Nov. 30, 1993, 107 Stat. 

1734; Pub. L. 103–337, div. A, title X, Sec. 1070(b)(7), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105– 

85, div. A, title V, Sec. 503(a), Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, 

Secs. 504, 505(c)(1)(A), Dec. 28, 2001, 115 Stat. 1085, 1087; Pub. L. 108–375, div. A, title V, 

Sec. 501(a)(3)(B), Oct. 28, 2004, 118 Stat. 1873; Pub. L. 109–364, div. A, title V, Sec. 506, Oct. 

17, 2006, 120 Stat. 2179.) 

§ 619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions 

(a) GENERAL RULE.—An officer on the active-duty list of the 

Army, Navy, Air Force, or Marine Corps may not be appointed to 

the grade of brigadier general or rear admiral (lower half) unless 

the officer has been designated as a joint qualified officer in accordance with section 661 of this title. 

(b) EXCEPTIONS.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: 

(1) When necessary for the good of the service. 

(2) In the case of an officer whose proposed selection for 

promotion is based primarily upon scientific and technical 

qualifications for which joint requirements do not exist. 

(3) In the case of— 

(A) a medical officer, dental officer, veterinary officer, 

medical service officer, nurse, or biomedical science officer; 

(B) a chaplain; or 

(C) a judge advocate. 

(4) In the case of an officer selected by a promotion board 

for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the 

officer’s total consecutive service in joint duty assignments is 

not less than two years and the officer has successfully completed a program of education described in subsections (b) and 

(c) of section 2155 of this title. 

(5) In the case of an officer who served in a joint duty assignment that began before January 1, 1987, if the officer 

served in that assignment for a period of sufficient duration 

(which may not be less than 12 months) for the officer’s service 

to have been considered a full tour of duty under the policies 

and regulations in effect on September 30, 1986. 

(c) WAIVER TO BE INDIVIDUAL.—A waiver may be granted 

under subsection (b) only on a case-by-case basis in the case of an 

individual officer. 

(d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE WAIVER.—In the 

case of a waiver under subsection (b)(1), the Secretary shall provide 

that the first duty assignment as a general or flag officer of the officer for whom the waiver is granted shall be in a joint duty assignment. 

(e) LIMITATION ON DELEGATION OF WAIVER AUTHORITY.—The 

authority of the Secretary of Defense to grant a waiver under subsection (b) (other than under paragraph (1) of that subsection) may 
281 § 620 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

be delegated only to the Deputy Secretary of Defense, an Under 

Secretary of Defense, or an Assistant Secretary of Defense. 

(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in 

the case of the Navy, rear admiral (lower half) is based primarily 

upon scientific and technical qualifications for which joint requirements do not exist. 

(g) LIMITATION FOR GENERAL AND FLAG OFFICERS PREVIOUSLY

RECEIVING JOINT DUTY ASSIGNMENT WAIVER.—A general officer or 

flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this subsection (as in effect before 

that date) may not be appointed to the grade of lieutenant general 

or vice admiral until the officer completes a full tour of duty in a 

joint duty assignment. 

(Added Pub. L. 103–160, div. A, title IX, Sec. 931(a), Nov. 30, 1993, 107 Stat. 1732; amended 

Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106– 

65, div. A, title V, Sec. 508, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, title V, Sec. 

525(a), (b), Dec. 28, 2001, 115 Stat. 1099; Pub. L. 108–375, div. A, title V, Sec. 533, Oct. 28, 

2004, 118 Stat. 1901; Pub. L. 110–417, [div. A], title V, Sec. 521(a), (b)(1), Oct. 14, 2008, 122 

Stat. 4444.) 

§ 620. Active-duty lists 

(a) The Secretary of the military department concerned shall 

maintain a single list of all officers (other than officers described 

in section 641 of this title) who are on active duty for each armed 

force under his jurisdiction (other than the Coast Guard when it 

is operating as a service in the Navy). 

(b) Officers shall be carried on the active-duty list of the armed 

force of which they are members in the order of seniority of the 

grade in which they are serving on active duty. Officers serving in 

the same grade shall be carried in the order of their rank in that 

grade. 

(c) An officer whose position on the active-duty list results from 

service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the active-duty list that 

he would have held if he had not received that appointment or assignment. 

(d) Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is ordered to active duty (whether voluntarily or involuntarily) during a war or national emergency and who would otherwise be placed on the activeduty list may be excluded from that list as determined by the Secretary concerned. Exclusion of an officer from the active-duty list 

as the result of action by the Secretary concerned under the preceding sentence shall expire not later than 24 months after the 

date on which the officer enters active duty under an order to active duty covered by that sentence. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2855; amended Pub. L. 103– 

337, div. A, title XVI, Sec. 1624, Oct. 5, 1994, 108 Stat. 2961; Pub. L. 104–106, div. A, title XV, 

Sec. 1501(a)(1), Feb. 10, 1996, 110 Stat. 495.) 
§ 621 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 282 

§ 621. Competitive categories for promotion 

Under regulations prescribed by the Secretary of Defense, the 

Secretary of each military department shall establish competitive 

categories for promotion. Each officer whose name appears on an 

active-duty list shall be carried in a competitive category of officers. 

Officers in the same competitive category shall compete among 

themselves for promotion. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2856.) 

§ 622. Numbers to be recommended for promotion 

Before convening a selection board under section 611(a) of this 

title for any grade and competitive category, the Secretary of the 

military department concerned, under regulations prescribed by the 

Secretary of Defense, shall determine (1) the number of positions 

needed to accomplish mission objectives which require officers of 

such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers 

needed to fill vacancies in such positions during the period in 

which it is anticipated that officers selected for promotion will be 

promoted, and (3) the number of officers authorized by the Secretary of the military department concerned to serve on active duty 

in the grade and competitive category under consideration. Based 

on such determinations, the Secretary of the military department 

concerned shall determine the maximum number of officers in such 

competitive category which the selection board may recommend for 

promotion. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2856.) 

§ 623. Establishment of promotion zones 

(a) Before convening a selection board under section 611(a) of 

this title to consider officers for promotion to any grade above first 

lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. 

(b) The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and 

competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination 

shall be made on the basis of an estimate of— 

(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; 

(2) the number of officers to be serving in that competitive 

category in the next higher grade in each of the next five 

years; 

(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, 

the number of officers authorized for such grade under such 

section to be on active duty on the last day of each of the next 

five fiscal years; and 

(4) the number of officers that should be placed in that 

promotion zone in each of the next five years to provide to offi-
283 § 624 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

cers in those years relatively similar opportunity for promotion. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2856.) 

§ 624. Promotions: how made 

(a)(1) When the report of a selection board convened under section 611(a) of this title is approved by the President, the Secretary 

of the military department concerned shall place the names of all 

officers approved for promotion within a competitive category on a 

single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the active-duty list. A promotion list is considered to be established under 

this section as of the date of the approval of the report of the selection board under the preceding sentence. 

(2) Except as provided in subsection (d), officers on a promotion 

list for a competitive category shall be promoted to the next higher 

grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which 

the names of officers appear on the promotion list and after officers 

previously selected for promotion in that competitive category have 

been promoted. Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance 

with regulations prescribed by the Secretary concerned. 

(3)(A) Except as provided in subsection (d), officers on the active-duty list in the grade of first lieutenant or, in the case of the 

Navy, lieutenant (junior grade) who are on an approved all-fullyqualified-officers list shall be promoted to the next higher grade in 

accordance with regulations prescribed by the Secretary concerned. 

(B) An all-fully-qualified-officers list shall be considered to be 

approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be 

treated in the same manner as a promotion list under this chapter. 

(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers on 

the list are needed in the next higher grade to accomplish mission 

objectives. 

(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the active-duty list in a grade who 

the Secretary of the military department concerned determines— 

(i) are fully qualified for promotion to the next higher 

grade; and 

(ii) would be eligible for consideration for promotion to the 

next higher grade by a selection board convened under section 

611(a) of this title upon the convening of such a board. 

(b)(1) A regular officer who is promoted under this section is 

appointed in the regular grade to which promoted and a reserve officer who is promoted under this section is appointed in the reserve 

grade to which promoted. 

(2) The date of rank of an officer appointed to a higher grade 

under this section is determined under section 741(d) of this title. 

(c) Appointments under this section shall be made by the 

President, by and with the advice and consent of the Senate, except 

that appointments under this section in the grade of first lieuten-
§ 624 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 284 

ant or captain, in the case of officers of the Army, Air Force, or Marine Corps, or lieutenant (junior grade) or lieutenant, in the case 

of officers of the Navy, shall be made by the President alone. 

(d)(1) Under regulations prescribed by the Secretary of Defense, the appointment of an officer under this section may be delayed if— 

(A) sworn charges against the officer have been received by 

an officer exercising general court-martial jurisdiction over the 

officer and such charges have not been disposed of; 

(B) an investigation is being conducted to determine 

whether disciplinary action of any kind should be brought 

against the officer; 

(C) a board of officers has been convened under chapter 60 

of this title to review the record of the officer; 

(D) a criminal proceeding in a Federal or State court is 

pending against the officer; or 

(E) substantiated adverse information about the officer 

that is material to the decision to appoint the officer is under 

review by the Secretary of Defense or the Secretary concerned. 

If no disciplinary action is taken against the officer, if the charges 

against the officer are withdrawn or dismissed, if the officer is not 

ordered removed from active duty by the Secretary concerned 

under chapter 60 of this title, if the officer is acquitted of the 

charges brought against him, or if, after a review of substantiated 

adverse information about the officer regarding the requirement for 

exemplary conduct set forth in section 3583, 5947, or 8583 of this 

title, as applicable, the officer is determined to be among the officers best qualified for promotion, as the case may be, then unless 

action to delay an appointment has also been taken under paragraph (2) the officer shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and 

shall, upon promotion to the next higher grade, have the same date 

of rank, the same effective date for the pay and allowances of the 

grade to which promoted, and the same position on the active-duty 

list as he would have had if no delay had intervened, unless the 

Secretary concerned determines that the officer was unqualified for 

promotion for any part of the delay. If the Secretary makes such 

a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the active-duty list 

as the Secretary considers appropriate under the circumstances. 

(2) Under regulations prescribed by the Secretary of Defense, 

the appointment of an officer under this section may also be delayed in any case in which there is cause to believe that the officer 

has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or is mentally, 

physically, morally, or professionally unqualified to perform the duties of the grade for which he was selected for promotion. If it is 

later determined by a civilian official of the Department of Defense 

(not below the level of Secretary of a military department) that the 

officer is qualified for promotion to such grade and, after a review 

of adverse information regarding the requirement for exemplary 

conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best 

qualified for promotion to such grade, the officer shall be retained 
285 § 625 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and shall, upon such promotion, have the 

same date of rank, the same effective date for pay and allowances 

in the higher grade to which appointed, and the same position on 

the active-duty list as he would have had if no delay had intervened, unless the Secretary concerned determines that the officer 

was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such 

date of rank, effective date of pay and allowances, and position on 

the active-duty list as the Secretary considers appropriate under 

the circumstances. 

(3) The appointment of an officer may not be delayed under 

this subsection unless the officer has been given written notice of 

the grounds for the delay, unless it is impracticable to give such 

written notice before the effective date of the appointment, in 

which case such written notice shall be given as soon as practicable. An officer whose promotion has been delayed under this 

subsection shall be afforded an opportunity to make a written 

statement to the Secretary concerned in response to the action 

taken. Any such statement shall be given careful consideration by 

the Secretary. 

(4) An appointment of an officer may not be delayed under this 

subsection for more than six months after the date on which the 

officer would otherwise have been appointed unless the Secretary 

concerned specifies a further period of delay. An officer’s appointment may not be delayed more than 90 days after final action has 

been taken in any criminal case against such officer in a Federal 

or State court, more than 90 days after final action has been taken 

in any court-martial case against such officer, or more than 18 

months after the date on which such officer would otherwise have 

been appointed, whichever is later. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2857; amended Pub. L. 97–22, 

Sec. 4(d), July 10, 1981, 95 Stat. 126; Pub. L. 97–295, Sec. 1(8), Oct. 12, 1982, 96 Stat. 1289; 

Pub. L. 98–525, title V, Sec. 526, Oct. 19, 1984, 98 Stat. 2525; Pub. L. 107–107, div. A, title 

V, Sec. 505(a)(1), (c)(2)(A), (d)(1), Dec. 28, 2001, 115 Stat. 1085, 1087, 1088; Pub. L. 107–314, 

div. A, title X, Sec. 1062(a)(2), Dec. 2, 2002, 116 Stat. 2649; Pub. L. 109–364, div. A, title V, 

Sec. 511(a), (d)(1), Oct. 17, 2006, 120 Stat. 2181, 2183; Pub. L. 110–181, div. A, title X, Sec. 

1063(c)(3), Jan. 28, 2008, 122 Stat. 322.) 

§ 625. Authority to vacate promotions to grades of brigadier 

general and rear admiral (lower half) 

(a) The President may vacate the promotion to the grade of 

brigadier general or rear admiral (lower half) of an officer who has 

served less than 18 months in that grade after promotion to that 

grade under this chapter. 

(b) An officer of the Army, Air Force, or Marine Corps whose 

promotion is vacated under this section holds the regular grade of 

colonel, if he is a regular officer, or the reserve grade of colonel, if 

he is a reserve officer. An officer of the Navy whose promotion is 

vacated under this section holds the regular grade of captain, if he 

is a regular officer, or the reserve grade of captain, if he is a reserve officer. 

(c) The position on the active-duty list of an officer whose promotion is vacated under this section is the position he would have 

held had he not been promoted to the grade of brigadier general 

or rear admiral (lower half). 
§ 626 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 286 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2858; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), (4)(A), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, Sec. 514(b)(1), 

(4)(A), Nov. 8, 1985, 99 Stat. 628.) 

§ 626. Acceptance of promotions; oath of office 

(a) An officer who is appointed to a higher grade under section 

624 of this title is considered to have accepted such appointment 

on the date on which the appointment is made unless he expressly 

declines the appointment. 

(b) An officer who has served continuously since he subscribed 

to 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 624 of this title. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2858.) 

SUBCHAPTER III—FAILURE OF SELECTION FOR 

PROMOTION AND RETIREMENT FOR YEARS OF SERVICE 

Sec. 

627. Failure of selection for promotion. 

628. Special selection boards. 

629. Removal from a list of officers recommended for promotion. 

630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade). 

631. Effect of failure of selection for promotion: first lieutenants and lieutenants 

(junior grade). 

632. Effect of failure of selection for promotion: captains and majors of the Army, 

Air Force, and Marine Corps and lieutenants and lieutenant commanders of the Navy. 

633. Retirement for years of service: regular lieutenant colonels and commanders. 

634. Retirement for years of service: regular colonels and Navy captains. 

635. Retirement for years of service: regular brigadier generals and rear admirals (lower half). 

636. Retirement for years of service: regular officers in grades above brigadier 

general and rear admiral (lower half). 

§ 627. Failure of selection for promotion 

An officer in a grade below the grade of colonel or, in the case 

of an officer of the Navy, captain who is in or above the promotion 

zone established for his grade and competitive category under section 623 of this title and is considered but not selected for promotion by a selection board convened under section 611(a) of this 

title shall be considered to have failed of selection for promotion. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2859.) 

§ 628. Special selection boards 

(a) PERSONS NOT CONSIDERED BY PROMOTION BOARDS DUE TO

ADMINISTRATIVE ERROR.—(1) If the Secretary of the military department concerned determines that because of administrative 

error a person who should have been considered for selection for 

promotion from in or above the promotion zone by a promotion 

board was not so considered, or the name of a person that should 

have been placed on an all-fully-qualified-officers list under section 

624(a)(3) of this title was not so placed, the Secretary shall convene 

a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommended for promotion. 
287 § 628 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(2) A special selection board convened under paragraph (1) 

shall consider the record of the person whose name was referred 

to it for consideration as that record would have appeared to the 

board that should have considered him. That record shall be compared with a sampling of the records of those officers of the same 

competitive category who were recommended for promotion, and 

those officers who were not recommended for promotion, by the 

board that should have considered him. 

(3) If a special selection board convened under paragraph (1) 

does not recommend for promotion a person whose name was referred to it for consideration for selection for appointment to a 

grade other than a general officer or flag officer grade, the person 

shall be considered to have failed of selection for promotion. 

(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR

MANNER.—(1) If the Secretary of the military department concerned determines, in the case of a person who was considered for 

selection for promotion by a promotion board but was not selected, 

that there was material unfairness with respect to that person, the 

Secretary may convene a special selection board under this subsection to determine whether that person (whether or not then on 

active duty) should be recommended for promotion. In order to determine that there was material unfairness, the Secretary must determine that— 

(A) the action of the promotion board that considered the 

person was contrary to law in a matter material to the decision 

of the board or involved material error of fact or material administrative error; or 

(B) the board did not have before it for its consideration 

material information. 

(2) A special selection board convened under paragraph (1) 

shall consider the record of the person whose name was referred 

to it for consideration as that record, if corrected, would have appeared to the board that considered him. That record shall be compared with the records of a sampling of those officers of the same 

competitive category who were recommended for promotion, and 

those officers who were not recommended for promotion, by the 

board that considered him. 

(3) If a special selection board convened under paragraph (1) 

does not recommend for promotion a person whose name was referred to it for consideration, the person incurs no additional failure of selection for promotion. 

(c) REPORTS OF BOARDS.—(1) Each special selection board convened under this section shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each person it recommends for promotion and certifying that the board has carefully 

considered the record of each person whose name was referred to 

it. 

(2) The provisions of sections 617(b) and 618 of this title apply 

to the report and proceedings of a special selection board convened 

under this section in the same manner as they apply to the report 

and proceedings of a selection board convened under section 611(a) 

of this title. However, in the case of a board convened under this 

section to consider a warrant officer or former warrant officer, the 
§ 628 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 288 

provisions of sections 576(d), 576(f), and 613a of this title (rather 

than the provisions of sections 617(b) and 618 of this title) apply 

to the report and proceedings of the board in the same manner as 

they apply to the report and proceedings of a selection board convened under section 573 of this title. 

(d) APPOINTMENT OF PERSONS SELECTED BY BOARDS.—(1) If the 

report of a special selection board convened under this section, as 

approved by the President, recommends for promotion to the next 

higher grade a person whose name was referred to it for consideration, that person shall, as soon as practicable, be appointed to 

that grade in accordance with subsections (b), (c), and (d) of section 

624 of this title. However, in the case of a board convened under 

this section to consider a warrant officer or former warrant officer, 

if the report of that board, as approved by the Secretary concerned, 

recommends that warrant officer or former warrant officer for promotion to the next higher grade, that person shall, as soon as practicable, be appointed to the next higher grade in accordance with 

provisions of section 578(c) of this title (rather than subsections (b), 

(c), and (d) of section 624 of this title). 

(2) A person who is appointed to the next higher grade as the 

result of the recommendation of a special selection board convened 

under this section shall, upon that appointment, have the same 

date of rank, the same effective date for the pay and allowances of 

that grade, and the same position on the active-duty list as he 

would have had if he had been recommended for promotion to that 

grade by the board which should have considered, or which did consider, him. In the case of a person who is not on the active-duty 

list when appointed to the next higher grade, placement of that 

person on the active-duty list pursuant to the preceding sentence 

shall be only for purposes of determination of eligibility of that person for consideration for promotion by any subsequent special selection board under this section. 

(e) DECEASED PERSONS.—If a person whose name is being considered for referral to a special selection board under this section 

dies before the completion of proceedings under this section with 

respect to that person, this section shall be applied to that person 

posthumously. 

(f) CONVENING OF BOARDS.—A board convened under this section— 

(1) shall be convened under regulations prescribed by the 

Secretary of Defense; 

(2) shall be composed in accordance with section 612 of 

this 

title or, in the case of board to consider a warrant officer or former 

warrant officer, in accordance with section 573 of this title and regulations prescribed by the Secretary of the military department 

concerned; and 

(3) shall be subject to the provisions of section 613 of this 

title. 

(g) JUDICIAL REVIEW.—(1)(A) A court of the United States may 

review a determination by the Secretary of a military department 

under subsection (a)(1) or (b)(1) not to convene a special selection 

board in the case of any person. In any such case, the court may 
289 § 628 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

set aside the Secretary’s determination only if the court finds the 

determination to be— 

(i) arbitrary or capricious; 

(ii) not based on substantial evidence; 

(iii) a result of material error of fact or material administrative error; or 

(iv) otherwise contrary to law. 

(B) If a court sets aside a determination by the Secretary of a 

military department not to convene a special selection board under 

this section, it shall remand the case to the Secretary concerned, 

who shall provide for consideration by such a board. 

(2) A court of the United States may review the action of a special selection board convened under this section or an action of the 

Secretary of the military department concerned on the report of 

such a board. In any such case, a court may set aside the action 

only if the court finds that the action was— 

(A) arbitrary or capricious; 

(B) not based on substantial evidence; 

(C) a result of material error of fact or material administrative error; or 

(D) otherwise contrary to law. 

(3)(A) If, six months after receiving a complete application for 

consideration by a special selection board under this section in any 

case, the Secretary concerned has not convened such a board and 

has not denied consideration by such a board in that case, the Secretary shall be deemed for the purposes of this subsection to have 

denied the consideration of the case by such a board. 

(B) If, six months after the convening of a special selection 

board under this section in any case, the Secretary concerned has 

not taken final action on the report of the board, the Secretary 

shall be deemed for the purposes of this subsection to have denied 

relief in such case. 

(C) Under regulations prescribed under subsection (j), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a 

longer period for consideration of the case is warranted. Such a 

waiver may be for an additional period of not more than six 

months. The Secretary concerned may not delegate authority to 

make a determination under this subparagraph. 

(h) LIMITATIONS OF OTHER JURISDICTION.—No official or court 

of the United States may, with respect to a claim based to any extent on the failure of a person to be selected for promotion by a promotion board— 

(1) consider the claim unless the person has first been referred by the Secretary concerned to a special selection board 

convened under this section and acted upon by that board and 

the report of the board has been approved by the President; or 

(2) except as provided in subsection (g), grant any relief on 

the claim unless the person has been selected for promotion by 

a special selection board convened under this section to consider the person for recommendation for promotion and the report of the board has been approved by the President. 

(i) EXISTING JURISDICTION.—Nothing in this section limits— 
§ 629 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 290 

(1) the jurisdiction of any court of the United States under 

any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or 

(2) the authority of the Secretary of a military department 

to correct a military record under section 1552 of this title. 

(j) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (g), other 

than to paragraph (3)(C) of that subsection. 

(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special 

selection board may be provided for under this section, including 

the following: 

(A) The circumstances under which consideration of a person’s case by a special selection board is contingent upon application by or for that person. 

(B) Any time limits applicable to the filing of an application for such consideration. 

(3) Regulations prescribed by the Secretary of a military department under this subsection may not take effect until approved 

by the Secretary of Defense. 

(k) PROMOTION BOARD DEFINED.—In this section, the term 

‘‘promotion board’’ means a selection board convened by the Secretary of a military department under section 573(a) or 611(a) of 

this title. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2859; amended Pub. L. 98–525, 

title V, Sec. 527(a), Oct. 19, 1984, 98 Stat. 2525; Pub. L. 102–190, div. A, title XI, Sec. 1131(4), 

Dec. 5, 1991, 105 Stat. 1506; Pub. L. 102–484, div. A, title X, Sec. 1052(10), Oct. 23, 1992, 106 

Stat. 2499; Pub. L. 105–261, div. A, title V, Sec. 501(a)–(e), Oct. 17, 1998, 112 Stat. 2000–2002; 

Pub. L. 106–398, Sec. 1[[div. A], title X, Sec. 1087(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

290; Pub. L. 107–107, div. A, title V, Secs. 503(b), 505(c)(3)(A), Dec. 28, 2001, 115 Stat. 1083, 

1088; Pub. L. 109–364, div. A, title V, Sec. 514(a), Oct. 17, 2006, 120 Stat. 2185; Pub. L. 111– 

383, div. A, title V, Sec. 503(b), Jan. 7, 2011, 124 Stat. 4208.) 

§ 629. Removal from a list of officers recommended for promotion 

(a) REMOVAL BY PRESIDENT.—The President may remove the 

name of any officer from a list of officers recommended for promotion by a selection board convened under this chapter. 

(b) REMOVAL DUE TO SENATE NOT GIVING ADVICE AND CONSENT.—If, after consideration of a list of officers approved for promotion by the President to a grade for which appointment is required by section 624(c) of this title to be made by and with the 

advice and consent of the Senate, the Senate does not give its advice and consent to the appointment of an officer whose name is 

on the list, that officer’s name shall be removed from the list. 

(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name 

is on a list of officers approved for promotion under section 624(a) 

of this title to a grade for which appointment is required by section 

624(c) of this title to be made by and with the advice and consent 

of the Senate is not appointed to that grade under such section 

during the officer’s promotion eligibility period, the officer’s name 

shall be removed from the list unless as of the end of such period 

the Senate has given its advice and consent to the appointment. 

(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend 
291 § 630 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

that period for purposes of paragraph (1) by an additional 12 

months. 

(3) In this subsection, the term ‘‘promotion eligibility period’’ 

means, with respect to an officer whose name is on a list of officers 

approved for promotion under section 624(a) of this title to a grade 

for which appointment is required by section 624(c) of this title to 

be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and 

ending on the first day of the eighteenth month following the 

month during which the list is so approved. 

(d) ADMINISTRATIVE REMOVAL.—Under regulations prescribed 

by the Secretary concerned, if an officer on the active-duty list is 

discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher 

grade under this chapter, but before being promoted, the officer’s 

name shall be administratively removed from the list of officers 

recommended for promotion by a selection board. 

(e) CONTINUED ELIGIBILITY FOR PROMOTION.—(1) An officer 

whose name is removed from a list under subsection (a), (b), or (c) 

continues to be eligible for consideration for promotion. If he is recommended for promotion by the next selection board convened for 

his grade and competitive category and he is promoted, the Secretary of the military department concerned may, upon such promotion, grant him the same date of rank, the same effective date 

for the pay and allowances of the grade to which promoted, and the 

same position on the active-duty list as he would have had if his 

name had not been so removed. 

(2) If such an officer who is in a grade below the grade of colonel or, in the case of the Navy, captain is not recommended for promotion by the next selection board convened for his grade and competitive category, or if his name is again removed from the list of 

officers recommended for promotion, of if the Senate again does not 

give its advice and consent to his promotion, he shall be considered 

for all purposes to have twice failed of selection for promotion. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2860; amended Pub. L. 109– 

364, div. A, title V, Sec. 515(a), Oct. 17, 2006, 120 Stat. 2185; Pub. L. 110–181, div. A, title 

X, Sec. 1063(a)(2), Jan. 28, 2008, 122 Stat. 321; Pub. L. 111–383, div. A, title V, Sec. 504(a), 

Jan. 7, 2011, 124 Stat. 4208.) 

§ 630. Discharge of commissioned officers with less then six 

years of active commissioned service or found not 

qualified for promotion for first lieutenant or lieutenant (junior grade) 

The Secretary of the military department concerned, under 

regulations prescribed by the Secretary of Defense— 

(1) may discharge any officer on the active-duty list who— 

(A) has less than six years of active commissioned 

service; or 

(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the 

grade of first lieutenant or lieutenant (junior grade); and 

(2) shall, unless the officer has been promoted, discharge 

any officer described in paragraph (1)(B) at the end of the 18- 

month period beginning on the date on which the officer is first 

found not qualified for promotion. 
§ 631 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 292 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, 

title XIV, Sec. 1405(11), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 107–107, div. A, title V, Sec. 

505(d)(2), (4)(A), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. A, title V, Sec. 505(b), Nov. 

24, 2003, 117 Stat. 1457; Pub. L. 110–181, div. A, title V, Sec. 503(a)(1), (2), Jan. 28, 2008, 122 

Stat. 95.) 

§ 631. Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade) 

(a) Except an officer of the Navy and Marine Corps who is an 

officer designated for limited duty (to whom section 5596(e) or 6383 

of this title applies), each officer of the Army, Air Force, or Marine 

Corps on the active-duty list who holds the regular grade of first 

lieutenant and has failed of selection for promotion to the regular 

grade of captain for the second time, and each officer of the Navy 

on the active-duty list who holds the grade of lieutenant (junior 

grade) and has failed of selection for promotion to the grade of lieutenant for the second time, whose name is not on a list of officers 

recommended for promotion to the next higher grade shall— 

(1) be discharged on the date requested by him and approved by the Secretary of the military department concerned, 

which date shall be not later than the first day of the seventh 

calendar month beginning after the month in which the President approves the report of the board which considered him for 

the second time; 

(2) if he is eligible for retirement under any provision of 

law, be retired under that law on the date requested by him 

and approved by the Secretary concerned, which date shall be 

not later than the first day of the seventh calendar month beginning after the month in which the President approves the 

report of the board which considered him for the second time; 

or 

(3) if on the date on which he is to be discharged under 

paragraph (1) he is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, be retained on active duty until he is qualified for retirement and 

then be retired under that section, unless he is sooner retired 

or discharged under another provision of law. 

(b) The retirement or discharge of an officer pursuant to this 

section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. 

(c) An officer who is subject to discharge under subsection 

(a)(1) is not eligible for further consideration for promotion. 

(d) For the purposes of this chapter, an officer of the Army, Air 

Force, or Marine Corps who holds the grade of first lieutenant, and 

an officer of the Navy who holds the grade of lieutenant (junior 

grade), shall be treated as having failed of selection for promotion 

if the Secretary of the military department concerned determines 

that the officer would be eligible for consideration for promotion to 

the next higher grade by a selection board convened under section 

611(a) of this title if such a board were convened but is not fully 

qualified for promotion when recommending for promotion under 

section 624(a)(3) of this title all fully qualified officers of the officer’s armed force in such grade who would be eligible for such consideration. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, 

title V, Sec. 525(c), Oct. 19, 1984, 98 Stat. 2525; Pub. L. 107–107, div. A, title V, Sec. 505(a)(2), 
293 § 632 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(d)(3), (4)(B), Dec. 28, 2001, 115 Stat. 1086, 1088; Pub. L. 108–136, div. A, title V, Sec. 505(b), 

Nov. 24, 2003, 117 Stat. 1457.) 

§ 632. Effect of failure of selection for promotion: captains 

and majors of the Army, Air Force, and Marine 

Corps and lieutenants and lieutenant commanders 

of the Navy 

(a) Except an officer of the Navy and Marine Corps who is an 

officer designated for limited duty (to whom section 5596(e) or 6383 

of this title applies) and except as provided under section 637(a) of 

this title, each officer of the Army, Air Force, or Marine Corps on 

the active-duty list who holds the regular grade of captain or 

major, and each officer of the Navy on the active-duty list who 

holds the grade of lieutenant or lieutenant commander, who has 

failed of selection for promotion to the next higher grade for the 

second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall— 

(1) except as provided in paragraph (3) and in subsection 

(c), be discharged on the date requested by him and approved 

by the Secretary concerned, which date shall be not later than 

the first day of the seventh calendar month beginning after the 

month in which the President approves the report of the board 

which considered him for the second time; 

(2) if he is eligible for retirement under any provision of 

law, be retired under that law on the date requested by him 

and approved by the Secretary concerned, which date shall be 

not later than the first day of the seventh calendar month beginning after the month in which the President approves the 

report of the board which considered him for the second time; 

or 

(3) if on the date on which he is to be discharged under 

paragraph (1) he is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, be retained on active duty until he is qualified for retirement and 

then retired under that section, unless he is sooner retired or 

discharged under another provision of law. 

(b) The retirement or discharge of an officer pursuant to this 

section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. 

(c)(1) If a health professions officer described in paragraph (3) 

is subject to discharge under subsection (a)(1) and, as of the date 

on which the officer is to be discharged under that subsection, the 

officer has not completed a period of active duty service obligation 

that the officer incurred under section 2005, 2114, 2123, or 2603 

of this title, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under that subsection, unless sooner retired or discharged 

under another provision of law. 

(2) The Secretary concerned may waive the applicability of 

paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in 

the best interest of the service. 

(3) This subsection applies to a medical officer or dental officer 

or an officer appointed in a medical skill other than as a medical 
§ 633 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 294 

officer or dental officer (as defined in regulations prescribed by the 

Secretary of Defense). 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 107– 

107, div. A, title V, Sec. 505(d)(3), (4)(C), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. 

A, title V, Sec. 505(a), (b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 108–375, div. A, title X, Sec. 

1084(d)(6), Oct. 28, 2004, 118 Stat. 2061.) 

§ 633. Retirement for years of service: regular lieutenant 

colonels and commanders 

(a) 28 YEARS OF ACTIVE COMMISSIONED SERVICE.—Except as 

provided in subsection (b) and as provided under section 637(b) of 

this title, each officer of the Regular Army, Regular Air Force, or 

Regular Marine Corps who holds the regular grade of lieutenant 

colonel, and each officer of the Regular Navy who holds the regular 

grade of commander, who is not on a list of officers recommended 

for promotion to the regular grade of colonel or captain, respectively, shall, if not earlier retired, be retired on the first day of the 

month after the month in which he completes 28 years of active 

commissioned service. 

(b) EXCEPTIONS.—Subsection (a) does not apply to the following: 

(1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 5596(e) or 

6383 of this title applies. 

(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 98–525, 

title V, Sec. 529(b), title XIV, Sec. 1405(12), Oct. 19, 1984, 98 Stat. 2526, 2622; Pub. L. 102– 

484, div. A, title V, Sec. 504(a), Oct. 23, 1992, 106 Stat. 2403; Pub. L. 103–160, div. A, title 

V, Sec. 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, Sec. 504(a), Oct. 

17, 1998, 112 Stat. 2004; Pub. L. 109–163, div. A, title V, Sec. 509(a)(1), Jan. 6, 2006, 119 Stat. 

3229.) 

§ 634. Retirement for years of service: regular colonels and 

Navy captains 

(a) 30 YEARS OF ACTIVE COMMISSIONED SERVICE.—Except as 

provided in subsection (b) and as provided under section 637(b) of 

this title, each officer of the Regular Army, Regular Air Force, or 

Regular Marine Corps who holds the regular grade of colonel, and 

each officer of the Regular Navy who holds the regular grade of 

captain, who is not on a list of officers recommended for promotion 

to the regular grade of brigadier general or rear admiral (lower 

half), respectively, shall, if not earlier retired, be retired on the 

first day of the month after the month in which he completes 30 

years of active commissioned service. 

(b) EXCEPTIONS.—Subsection (a) does not apply to the following: 

(1) An officer of the Navy who is designated for limited 

duty to whom section 6383(a)(4) of this title applies. 

(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title XIV, Sec. 1405(13), 

Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; 

Pub. L. 102–484, div. A, title V, Sec. 504(b), Oct. 23, 1992, 106 Stat. 2403; Pub. L. 103–160, 

div. A, title V, Sec. 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, Sec. 

504(b), Oct. 17, 1998, 112 Stat. 2004; Pub. L. 109–163, div. A, title V, Sec. 509(a)(2), Jan. 6, 

2006, 119 Stat. 3229.) 
295 § 636 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

§ 635. Retirement for years of service: regular brigadier generals and rear admirals (lower half) 

Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine 

Corps who holds the regular grade of brigadier general, and each 

officer of the Regular Navy who holds the regular grade of rear admiral (lower half), who is not on a list of officers recommended for 

promotion to the regular grade of major general or rear admiral, 

respectively, shall, if not earlier retired, be retired on the first day 

of the first month beginning after the date of the fifth anniversary 

of his appointment to that grade or on the first day of the month 

after the month in which he completes 30 years of active commissioned service, whichever is later. 

(Added Pub. L. 96–513, title I. Sec. 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), (5)(A), Dec. 1, 1981, 95 Stat. 1105, 1106; Pub. L. 98–525, title XIV, Sec. 

1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, Sec. 514(b)(1), (5)(A), Nov. 8, 

1985, 99 Stat. 628.) 

§ 636. Retirement for years of service: regular officers in 

grades above brigadier general and rear admiral 

(lower half) 

(a) MAJOR GENERALS AND REAR ADMIRALS SERVING IN

GRADE.—Except as provided in subsection (b) or (c) and under section 637(b) of this title, each officer of the Regular Army, Regular 

Air Force, or Regular Marine Corps who holds the regular grade 

of major general, and each officer of the Regular Navy who holds 

the regular grade of rear admiral, shall, if not earlier retired, be 

retired on the first day of the first month beginning after the date 

of the fifth anniversary of his appointment to that grade or on the 

first day of the month after the month in which he completes 35 

years of active commissioned service, whichever is later. 

(b) LIEUTENANT GENERALS AND VICE ADMIRALS.—In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number 

of years of active commissioned service applicable to the officer is 

38 years. 

(c) GENERALS AND ADMIRALS.—In the administration of subsection (a) in the case of an officer who is serving in the grade of 

general or admiral, the number of years of active commissioned 

service applicable to the officer is 40 years. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 98–525, 

title XIV, Sec. 1405(14), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 105–85, div. A, title V, Sec. 506(a), 

(b), Nov. 18, 1997, 111 Stat. 1726.) 

SUBCHAPTER IV—CONTINUATION ON ACTIVE DUTY AND 

SELECTIVE EARLY RETIREMENT 

Sec. 

637. Selection of regular officers for continuation on active duty. 

638. Selective early retirement. 

638a. Modification to rules for continuation on active duty; enhanced authority 

for selective early retirement and early discharges. 

639. Continuation on active duty to complete disciplinary action. 

640. Deferment of retirement or separation for medical reasons. 
§ 637 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 296 

§ 637. Selection of regular officers for continuation on active duty 

(a)(1) An officer subject to discharge or retirement in accordance with section 632 of this title may, subject to the needs of the 

service, be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 

611(b) of this title. 

(2) An officer who holds the regular grade of captain in the 

Army, Air Force, or Marine Corps, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in 

accordance with section 632 of this title may not be continued on 

active duty under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of 

active commissioned service unless he is promoted to the regular 

grade of major or lieutenant commander, respectively. 

(3) An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active 

duty under this subsection for a period which extends beyond the 

last day of the month in which he completes 24 years of active commissioned service unless he is promoted to the regular grade of 

lieutenant colonel or commander, respectively. 

(4) An officer who is selected for continuation on active duty 

under this subsection but declines to continue on active duty shall 

be discharged, retired, or retained on active duty, as appropriate, 

in accordance with section 632 of this title. 

(5) Each officer who is continued on active duty under this subsection, is not subsequently promoted or continued on active duty, 

and is not on a list of officers recommended for continuation or for 

promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law— 

(A) be discharged upon the expiration of his period of continued service; or 

(B) if he is eligible for retirement under any provision of 

law, be retired under that law on the first day of the first 

month following the month in which he completes his period 

of continued service. 

Notwithstanding the provisions of clause (A), any officer who would 

otherwise be discharged under such clause and is within two years 

of qualifying for retirement under section 3911, 6323, or 8911 of 

this title, shall unless he is sooner retired or discharged under 

some other provision of law, be retained on active duty until he is 

qualified for retirement under that section and then be retired. 

(6) The retirement or discharge of an officer pursuant to this 

subsection shall be considered to be an involuntary retirement or 

discharge for purposes of any other provision of law. 

(b)(1) An officer subject to retirement under section 633 or 634 

of this title may, subject to the needs of the service, have his retirement deferred and be continued on active duty if he is selected for 

continuation on active duty by a selection board convened under 

section 611(b) of this title. 

(2) An officer subject to retirement under section 635 or 636 of 

this title who is serving in the grade of brigadier general, rear ad-
297 § 638 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

miral (lower half), major general, or rear admiral may, subject to 

the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned. An officer subject 

to retirement under section 635 or 636 of this title who is serving 

in a grade above major general or rear admiral may have his retirement deferred and be continued on active duty by the President. 

(3) Any deferral of retirement and continuation on active duty 

under this subsection shall be for a period not to exceed five years, 

except as provided under section 1251 or 1253 of this title. 

(c) Continuation of an officer on active duty under this section 

pursuant to the action of a selection board convened under section 

611(b) of this title is subject to the approval of the Secretary of the 

military department concerned. The period of the continuation on 

active duty of an officer under this section may be reduced by the 

Secretary concerned in the case of any officer as provided in section 

638a of this title. 

(d) For purposes of this section, a period of continuation on active duty under this section expires or is completed on the earlier 

of (1) the date originally established for the termination of such period, or (2) the date established for the termination of such period 

by any shortening of such period under section 638a of this title. 

(e) The Secretary of Defense shall prescribe regulations for the 

administration of this section. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–22, 

Sec. 4(e), July 10, 1981, 95 Stat. 127; Pub. L. 97–86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 

Stat. 1105; Pub. L. 98–525, title XIV, Sec. 1405(15), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99– 

145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 101–510, div. A, title V, Sec. 

521(b)(1), Nov. 5, 1990, 104 Stat. 1561; Pub. L. 110–181, div. A, title V, Sec. 504, Jan. 28, 2008, 

122 Stat. 95.) 

§ 638. Selective early retirement 

(a)(1) A regular officer on the active-duty list of the Army, 

Navy, Air Force, or Marine Corps may be considered for selective 

early retirement by a selection board convened under section 611(b) 

of this title if the officer is described in any of subparagraphs (A) 

through (D) as follows: 

(A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to 

the grade of colonel or, in the case of an officer of the Navy, 

captain two or more times and whose name is not on a list of 

officers recommended for promotion. 

(B) An officer holding the regular grade of colonel or, in 

the case of an officer of the Navy, captain who has served at 

least four years of active duty in that grade and whose name 

is not on a list of officers recommended for promotion. 

(C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three 

and one-half years of active duty in that grade and whose 

name is not on a list of officers recommended for promotion. 

(D) An officer holding the regular grade of major general 

or rear admiral who has served at least three and one-half 

years of active duty in that grade. 

(2) The Secretary of the military department concerned shall 

specify the number of officers described in paragraphs (1)(A) and 
§ 638 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 298 

(1)(B) which a selection board convened under section 611(b) of this 

title may recommend for early retirement. Such number may not 

be more than 30 percent of the number of officers considered in 

each grade in each competitive category. 

(3) A regular officer on the active-duty list of the Army, Navy, 

Air Force, or Marine Corps may also be considered for early retirement under the circumstances prescribed in section 638a of this 

title. 

(b)(1) An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under 

this section or section 638a of this title and whose early retirement 

is approved by the Secretary concerned shall— 

(A) be retired, under any provision of law under which he 

is eligible to retire, on the date requested by him and approved 

by the Secretary concerned, which date shall be not later than 

the first day of the seventh calendar month beginning after the 

month in which the Secretary concerned approves the report of 

the board which recommended the officer for early retirement; 

or 

(B) if the officer is not eligible for retirement under any 

provision of law, be retained on active duty until he is qualified 

for retirement under section 3911, 6323, or 8911 of this title, 

and then be retired under that section, unless he is sooner retired or discharged under some other provision of law. 

(2) An officer who holds the regular grade of brigadier general, 

major general, rear admiral (lower half), or rear admiral who is 

recommended for early retirement under this section and whose 

early retirement is approved by the Secretary concerned shall be 

retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary 

concerned, which date shall be not later than the first day of the 

tenth calendar month beginning after the month in which the Secretary concerned approved the report of the board which recommended the officer for early retirement. 

(3) The Secretary concerned may defer for not more than 90 

days the retirement of an officer otherwise approved for early retirement under this section or section 638a of this title in order to 

prevent a personal hardship to the officer or for other humanitarian reasons. Any such deferral shall be made on a case-by-case 

basis considering the circumstances of the case of the particular officer concerned. The authority of the Secretary to grant such a deferral may not be delegated. 

(c) So long as an officer in a grade below brigadier general or 

rear admiral (lower half) holds the same grade, he may not be considered for early retirement under this section more than once in 

any five-year period. 

(d) The retirement of an officer pursuant to this section shall 

be considered to be an involuntary retirement for purposes of any 

other provision of law. 

(e)(1) The Secretary of Defense shall prescribe regulations for 

the administration of this section. 

(2)(A) Such regulations shall require that when the Secretary 

of the military department concerned submits a list of officers to 

a selection board convened under section 611(b) of this title to con-
299 § 638a CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

sider officers for selection for early retirement under this section, 

such list (except as provided in subparagraph (B)) shall include 

each officer on the active-duty list in the same grade and competitive category whose position on the active-duty list is between that 

of the most junior officer in that grade and competitive category 

whose name is submitted to the board and that of the most senior 

officer in that grade and competitive category whose name is submitted to the board. 

(B) A list under subparagraph (A) may not include an officer 

in that grade and competitive category (i) who has been approved 

for voluntary retirement under section 3911, 6323, or 8911 of this 

title, or (ii) who is to be involuntarily retired under any provision 

of law during the fiscal year in which the selection board is convened or during the following fiscal year. 

(C) An officer not considered by a selection board convened 

under section 611(b) of this title by reason of subparagraph (B) 

shall be retired on the date approved for the retirement of that officer as of the convening date of such selection board unless the Secretary concerned approves a modification of such date in order to 

prevent a personal hardship for the officer or for other humanitarian reasons. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2864; amended Pub. L. 97–22, 

Sec. 4(f), July 10, 1981, 95 Stat. 127; Pub. L. 97–86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 

Stat. 1105; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 100–456, 

div. A, title V, Sec. 504, Sept. 29, 1988, 102 Stat. 1967; Pub. L. 101–510, div. A, title V, Sec. 

521(b)(2), Nov. 5, 1990, 104 Stat. 1561; Pub. L. 102–190, div. A, title V, Sec. 503(a), Dec. 5, 1991, 

105 Stat. 1355; Pub. L. 103–160, div. A, title V, Sec. 506, Nov. 30, 1993, 107 Stat. 1646; Pub. 

L. 104–106, div. A, title V, Sec. 504(b), Feb. 10, 1996, 110 Stat. 295.) 

§ 638a. Modification to rules for continuation on active 

duty; enhanced authority for selective early retirement and early discharges 

(a) The Secretary of Defense may authorize the Secretary of a 

military department, during the period beginning on October 1, 

1990, and ending on December 31, 2001, and for the purpose of 

subsection (b)(4) during the period beginning on October 1, 2006, 

and ending on December 31, 2012, to take any of the actions set 

forth in subsection (b) with respect to officers of an armed force 

under the jurisdiction of that Secretary. 

(b) Actions which the Secretary of a military department may 

take with respect to officers of an armed force when authorized to 

do so under subsection (a) are the following: 

(1) Shortening the period of the continuation on active 

duty established under section 637 of this title for a regular officer who is serving on active duty pursuant to a selection 

under that section for continuation on active duty. 

(2) Providing that regular officers on the active-duty list 

may be considered for early retirement by a selection board 

convened under section 611(b) of this title in the case of officers described in any of subparagraphs (A) through (C) as follows: 

(A) Officers in the regular grade of lieutenant colonel 

or commander who would be subject to consideration for 

selection for early retirement under section 638(a)(1)(A) of 

this title except that they have failed of selection for promotion only one time (rather than two or more times). 
§ 638a CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 300 

(B) Officers in the regular grade of colonel or, in the 

case of the Navy, captain who would be subject to consideration for selection for early retirement under section 

638(a)(1)(B) of this title except that they have served on 

active duty in that grade less than four years (but not less 

than two years). 

(C) Officers, other than those described in subparagraphs (A) and (B), holding a regular grade below the 

grade of colonel, or in the case of the Navy, captain, who 

are eligible for retirement under section 3911, 6323, or 

8911 of this title, or who after two additional years or less 

of active service would be eligible for retirement under one 

of those sections and whose names are not on a list of officers recommended for promotion. 

(3) Suspending section 638(c) of this title. 

(4) Convening selection boards under section 611(b) of this 

title to consider for discharge regular officers on the activeduty list in a grade below lieutenant colonel or commander— 

(A) who have served at least one year of active duty 

in the grade currently held; 

(B) whose names are not on a list of officers recommended for promotion; and 

(C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to 

section 4403 of the National Defense Authorization Act for 

Fiscal Year 1993) and are not within two years of becoming so eligible. 

(c)(1) In the case of an action under subsection (b)(2), the Secretary of the military department concerned shall specify the number of officers described in that subsection which a selection board 

convened under section 611(b) of this title pursuant to the authority of that subsection may recommend for early retirement. Such 

number may not be more than 30 percent of the number of officers 

considered in each grade in each competitive category. 

(2) In the case of an action authorized under subsection (b)(2), 

the Secretary of Defense may also authorize the Secretary of the 

military department concerned when convening a selection board 

under section 611(b) of this title to consider regular officers on the 

active-duty list for early retirement to include within the officers 

to be considered by the board reserve officers on the active-duty list 

on the same basis as regular officers. 

(3) In the case of an action under subsection (b)(2), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— 

(A) the names of all eligible officers described in that subsection in a particular grade and competitive category; or 

(B) the names of all eligible officers described in that subsection in a particular grade and competitive category who are 

also in particular year groups, specialties, or retirement categories, or any combination thereof, within that competitive 

category. 

(d)(1) In the case of an action under subsection (b)(4), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— 
301 § 639 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(A) the names of all officers described in that subsection in 

a particular grade and competitive category; or 

(B) the names of all officers described in that subsection in 

a particular grade and competitive category who also are in 

particular year groups or specialties, or both, within that competitive category. 

(2) The Secretary concerned shall specify the total number of 

officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(4). That number may not be more 

than 30 percent of the number of officers considered— 

(A) in each grade in each competitive category, except that 

during the period beginning on October 1, 2006, and ending on 

December 31, 2012, such number may be more than 30 percent 

of the officers considered in each competitive category, but may 

not be more than 30 percent of the number of officers considered in each grade; or 

(B) in each grade, year group, or specialty (or combination 

thereof) in each competitive category, except that during the 

period beginning on October 1, 2006, and ending on December 

31, 2012, such number may be more than 30 percent of the officers considered in each competitive category, but may not be 

more than 30 percent of the number of officers considered in 

each grade. 

(3) The total number of officers described in subsection (b)(4) 

from any of the armed forces (or from any of the armed forces in 

a particular grade) who may be recommended during a fiscal year 

for discharge by a selection board convened pursuant to the authority of that subsection may not exceed 70 percent of the decrease, 

as compared to the preceding fiscal year, in the number of officers 

of that armed force (or the number of officers of that armed force 

in that grade) authorized to be serving on active duty as of the end 

of that fiscal year. 

(4) An officer who is recommended for discharge by a selection 

board convened pursuant to the authority of subsection (b)(4) and 

whose discharge is approved by the Secretary concerned shall be 

discharged on a date specified by the Secretary concerned. 

(5) Selection of officers for discharge under this subsection 

shall be based on the needs of the service. 

(e) The discharge or retirement of an officer pursuant to this 

section shall be considered to be involuntary for purposes of any 

other provision of law. 

(Added Pub. L. 101–510, div. A, title V, Sec. 521(a)(1), Nov. 5, 1990, 104 Stat. 1559; amended 

Pub. L. 102–190, div. A, title V, Sec. 503(b), Dec. 5, 1991, 105 Stat. 1355; Pub. L. 102–484, div. 

A, title V, Sec. 503, title LXIV, Sec. 4403(g)(2), Oct. 23, 1992, 106 Stat. 2402, 2703; Pub. L. 103– 

160, div. A, title V, Sec. 561(b), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title 

V, Sec. 561(c), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 

571(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134; Pub. L. 109–364, div. A, title VI, Sec. 623(b), 

Oct. 17, 2006, 120 Stat. 2256.) 

§ 639. Continuation on active duty to complete disciplinary 

action 

When any action has been commenced against an officer with 

a view to trying such officer by court-martial and such officer is to 

be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separa-
§ 640 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 302 

tion or retirement of the officer, without prejudice to such action, 

until the completion of the action. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2866.) 

§ 640. Deferment of retirement or separation for medical 

reasons 

(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and 

determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot 

be completed with confidence in a manner consistent with the 

member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the 

Secretary may defer the retirement or separation of the officer 

under this title. 

(b) A deferral of retirement or separation under subsection (a) 

may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2866; amended Pub. L. 107– 

107, div. A, title V, Sec. 507, Dec. 28, 2001, 115 Stat. 1090.) 

SUBCHAPTER V—ADDITIONAL PROVISIONS RELATING TO 

PROMOTION, SEPARATION, AND RETIREMENT 

Sec. 

641. Applicability of chapter. 

642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay. 

643. Chaplains: discharge or retirement upon loss of professional qualifications. 

[644. Repealed.] 

645. Definitions. 

646. Consideration of performance as a member of the Joint Staff. 

647. Force shaping authority. 

§ 641. Applicability of chapter 

Officers in the following categories are not subject to this chapter (other than section 640 and, in the case of warrant officers, section 628): 

(1) Reserve officers— 

(A) on active duty authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; 

(B) on active duty under section 3038, 5143, 5144, 

8038, 10211, 10301 through 10305, 10502, 10505, 

10506(a), 10506(b), 10507, or 12402 of this title or section 

708 of title 32; or 

(C) on full-time National Guard duty. 

(2) The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, 

dean, and permanent professors at the United States Air Force 

Academy, and permanent professors of the Navy (as defined in 

regulations prescribed by the Secretary of the Navy). 

(3) Warrant officers. 

(4) Retired officers on active duty. 
303 § 645 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(5) Students at the Uniformed Services University of the 

Health Sciences. 

(6) Officers appointed pursuant to an agreement under section 329 of title 37. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2866; amended Pub. L. 98–525, 

title IV, Sec. 414(a)(5), title V, Sec. 527(b), Oct. 19, 1984, 98 Stat. 2519, 2525; Pub. L. 99–433, 

title V, Sec. 531(a)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title XVI, Sec. 

1671(c)(5), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(6), Feb. 

10, 1996, 110 Stat. 498; Pub. L. 104–201, div. A, title XII, Sec. 1212(e), Sept. 23, 1996, 110 Stat. 

2694; Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 521], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

108; Pub. L. 107–107, div. A, title V, Sec. 511(a), Dec. 28, 2001, 115 Stat. 1092; Pub. L. 108– 

375, div. A, title IV, Sec. 416(j), title V, Sec. 501(d), Oct. 28, 2004, 118 Stat. 1869, 1874; Pub. 

L. 109–364, div. A, title VI, Sec. 621(c), Oct. 17, 2006, 120 Stat. 2255; Pub. L. 110–181, div. 

A, title V, Sec. 508(b), Jan. 28, 2008, 122 Stat. 97.) 

§ 642. Entitlement of officers discharged or retired under 

this chapter to separation pay or retired pay 

(a) An officer who is discharged under this chapter is entitled, 

if eligible therefor, to separation pay under section 1174 of this 

title. 

(b) An officer who is retired under this chapter is entitled to 

retired pay computed under chapter 71 of this title. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2867.) 

§ 643. Chaplains: discharge or retirement upon loss of professional qualifications 

Under regulations prescribed by the Secretary of Defense, a 

commissioned officer on the active-duty list of the Army, Navy, or 

Air Force who is appointed or designated as a chaplain may, if he 

fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be 

retired. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2867.) 

[§ 644. Repealed. Pub. L. 103–337, div. A, title XVI, Sec. 

1622(b), Oct. 5, 1994, 108 Stat. 2961] 

§ 645. Definitions 

In this chapter: 

(1) The term ‘‘promotion zone’’ means a promotion eligibility category consisting of the officers on an active-duty list 

in the same grade and competitive category— 

(A) who— 

(i) in the case of officers in grades below colonel, 

for officers of the Army, Air Force, and Marine Corps, 

or captain, for officers of the Navy, have neither (I) 

failed of selection for promotion to the next higher 

grade, nor (II) been removed from a list of officers recommended for promotion to that grade (other than 

after having been placed on that list after a selection 

from below the promotion zone); or 

(ii) in the case of officers in the grade of colonel 

or brigadier general, for officers of the Army, Air 

Force, and Marine Corps, or captain or rear admiral 

(lower half), for officers of the Navy, have neither (I) 

not been recommended for promotion to the next higher grade when considered in the promotion zone, nor 
§ 646 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 304 

(II) been removed from a list of officers recommended 

for promotion to that grade (other than after having 

been placed on that list after a selection from below 

the promotion zone); and 

(B) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer in the promotion zone eligible for consideration 

for promotion to the next higher grade. 

(2) The term ‘‘officers above the promotion zone’’ means a 

group of officers on an active-duty list in the same grade and 

competitive category who— 

(A) are eligible for consideration for promotion to the 

next higher grade; 

(B) are in the same grade as those officers in the promotion zone for that competitive category; and 

(C) are senior to the senior officer in the promotion 

zone for that competitive category. 

(3) The term ‘‘officers below the promotion zone’’ means a 

group of officers on the active-duty list in the same grade and 

competitive category who— 

(A) are eligible for consideration for promotion to the 

next higher grade; 

(B) are in the same grade as the officers in the promotion zone for that competitive category; and 

(C) are junior to the junior officer in the promotion 

zone for that competitive category. 

(Added Pub. L. 96–513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2867; amended Pub. L. 97–86, 

title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, Sec. 533(a), Oct. 

19, 1984, 98 Stat. 2528; Pub. L. 99–145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. 

L. 102–25, title VII, Sec. 701(i)(1), Apr. 6, 1991, 105 Stat. 115.) 

§ 646. Consideration of performance as a member of the 

Joint Staff 

The Secretary of Defense, in consultation with the Chairman 

of the Joint Chiefs of Staff, shall ensure that officer personnel policies of the Army, Navy, Air Force, and Marine Corps concerning 

promotion, retention, and assignment give appropriate consideration to the performance of an officer as a member of the Joint 

Staff. 

(Added Pub. L. 98–525, title XIII, Sec. 1301(d)(1), Oct. 19, 1984, 98 Stat. 2612.) 

§ 647. Force shaping authority 

(a) AUTHORITY.—The Secretary concerned may, solely for the 

purpose of restructuring an armed force under the jurisdiction of 

that Secretary— 

(1) discharge an officer described in subsection (b); or 

(2) transfer such an officer from the active-duty list of that 

armed force to the reserve active-status list of a reserve component of that armed force. 

(b) COVERED OFFICERS.—(1) The authority under this section 

may be exercised in the case of an officer who— 

(A) has completed not more than six years of service as a 

commissioned officer in the armed forces; or 
305 § 647 CH. 36—OFFICERS ON THE ACTIVE-DUTY LIST 

(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a 

minimum service obligation applicable to that member. 

(2) In this subsection, the term ‘‘minimum service obligation’’ 

means the initial period of required active duty service together 

with any additional period of required active duty service incurred 

during the initial period of required active duty service. 

(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An officer of the 

Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under 

this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title. 

(d) REGULATIONS.—The Secretary concerned shall prescribe 

regulations for the exercise of the Secretary’s authority under this 

section. 

(Added Pub. L. 108–375, div. A, title V, Sec. 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amended 

Pub. L. 110–181, div. A, title V, Sec. 503(b), Jan. 28, 2008, 122 Stat. 95.) 
306 

CHAPTER 37—GENERAL SERVICE REQUIREMENTS 

Sec. 

651. Members: required service. 

652. Notice to Congress of proposed changes in units, assignments, etc. to which 

female members may be assigned. 

653. Minimum service requirement for certain flight crew positions. 

654. Policy concerning homosexuality in the armed forces. 

655. Designation of persons having interest in status of a missing member. 

§ 651. Members: required service 

(a) Each person who becomes a member of an armed force, 

other than a person deferred under the next to the last sentence 

of section 6(d)(1) of the Military Selective Service Act (50 U.S.C. 

456(d)(1)) shall serve in the armed forces for a total initial period 

of not less than six years nor more than eight years, as provided 

in regulations prescribed by the Secretary of Defense for the armed 

forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as service in 

the Navy, unless such person is sooner discharged under such regulations because of personal hardship. Any part of such service 

that is not active duty or that is active duty for training shall be 

performed in a reserve component. 

(b) Each person covered by subsection (a) who is not a Reserve, 

and who is qualified, shall, upon his release from active duty, be 

transferred to a reserve component of his armed force to complete 

the service required by subsection (a). 

(c)(1) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may waive the initial period of required service otherwise established pursuant to subsection (a) in 

the case of the initial appointment of a commissioned officer in a 

critically short health professional specialty specified by the Secretary for purposes of this subsection. 

(2) The minimum period of obligated service for an officer 

under a waiver under this subsection shall be the greater of— 

(A) two years; or 

(B) in the case of an officer who has accepted an accession 

bonus or executed a contract or agreement for the multiyear 

receipt of special pay for service in the armed forces, the period 

of obligated service specified in such contract or agreement. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Pub. L. 85–861, Sec. 1(12), 36B(3), Sept. 2, 1958, 72 Stat. 

1440, 1570; Pub. L. 89–718, Sec. 5, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 95–79, title VIII, Sec. 

803(a), July 30, 1977, 91 Stat. 333; Pub. L. 96–107, title VIII, Sec. 805(b), Nov. 9, 1979, 93 Stat. 

813; Pub. L. 96–513, title V, Sec. 511(18), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 98–94, title X, 

Sec. 1022(b)(1), Sept. 24, 1983, 97 Stat. 670; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 

25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title V, Sec. 505, Jan. 28, 2008, 122 Stat. 

96.) 
307 § 652 CH. 37—GENERAL SERVICE REQUIREMENTS 

§ 652. Notice to Congress of proposed changes in units, assignments, etc. to which female members may be 

assigned 

(a) RULE FOR GROUND COMBAT PERSONNEL POLICY.—(1) If the 

Secretary of Defense proposes to make any change described in 

paragraph (2)(A) or (2)(B) to the ground combat exclusion policy or 

proposes to make a change described in paragraph (2)(C), the Secretary shall, before any such change is implemented, submit to 

Congress a report providing notice of the proposed change. Such a 

change may then be implemented only after the end of a period of 

30 days of continuous session of Congress (excluding any day on 

which either House of Congress is not in session) following the date 

on which the report is received. 

(2) A change referred to in paragraph (1) is a change that— 

(A) closes to female members of the armed forces any category of unit or position that at that time is open to service by 

such members; 

(B) opens to service by female members of the armed 

forces any category of unit or position that at that time is 

closed to service by such members; or 

(C) opens or closes to the assignment of female members 

of the armed forces any military career designator as described 

in paragraph (6). 

(3) The Secretary shall include in any report under paragraph 

(1)— 

(A) a detailed description of, and justification for, the proposed change; and 

(B) a detailed analysis of legal implication of the proposed 

change with respect to the constitutionality of the application 

of the Military Selective Service Act (50 App. U.S.C. 451 et 

seq.) to males only. 

(4) In this subsection, the term ‘‘ground combat exclusion policy’’ means the military personnel policies of the Department of Defense and the military departments, as in effect on October 1, 1994, 

by which female members of the armed forces are restricted from 

assignment to units and positions below brigade level whose primary mission is to engage in direct combat on the ground. 

(5) For purposes of this subsection, the continuity of a session 

of Congress is broken only by an adjournment of the Congress sine 

die. 

(6) For purposes of this subsection, a military career designator 

is one that is related to military operations on the ground as of 

May 18, 2005, and applies— 

(A) for enlisted members and warrant officers, to military 

occupational specialties, specialty codes, enlisted designators, 

enlisted classification codes, additional skill identifiers, and 

special qualification identifiers; and 

(B) for officers (other than warrant officers), to officer 

areas of concentration, occupational specialties, specialty codes, 

designators, additional skill identifiers, and special qualification identifiers. 

(b) OTHER PERSONNEL POLICY CHANGES.—(1) Except in a case 

covered by section 6035 of this title or by subsection (a), whenever 
§ 653 CH. 37—GENERAL SERVICE REQUIREMENTS 308 

1Section 2(f)(1) of the Don’t Ask, Don’t Tell Repeal Act of 2010 (Pub. L. 111–321; Dec. 22, 

2010; 124 Stat. 3516) provides that, upon the effective date established by section 2(b) of that 

Act, this section is repealed. The date established by section 2(b) of that Act is the date that 

is 60 days after the date the President transmits a specified certification to the congressional 

defense committees. 

the Secretary of Defense proposes to make a change to military 

personnel policies described in paragraph (2), the Secretary shall, 

not less than 30 days before such change is implemented, submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice, 

in writing, of the proposed change. 

(2) Paragraph (1) applies to a proposed military personnel policy change, other than a policy change covered by subsection (a), 

that would make available to female members of the armed forces 

assignment to any of the following that, as of the date of the proposed change, is closed to such assignment: 

(A) Any type of unit not covered by subsection (a). 

(B) Any class of combat vessel. 

(C) Any type of combat platform. 

(Added Pub. L. 109–163, div. A, title V, Sec. 541(a)(1), Jan. 6, 2006, 119 Stat. 3251.) 

§ 653. Minimum service requirement for certain flight crew 

positions 

(a) PILOTS.—The minimum service obligation of any member 

who successfully completes training in the armed forces as a pilot 

shall be 8 years, if the member is trained to fly fixed-wing jet aircraft, or 6 years, if the member is trained to fly any other type of 

aircraft. 

(b) NAVIGATORS AND NAVAL FLIGHT OFFICERS.—The minimum 

service obligation of any member who successfully completes training in the armed forces as a navigator or naval flight officer shall 

be 6 years. 

(c) DEFINITION.—In this section, the term ‘‘service obligation’’ 

means the period of active duty or, in the case of a member of a 

reserve component who completed flight training in an active duty 

for training status as a member of a reserve component, the period 

of service in an active status in the Selected Reserve required to 

be served after— 

(1) completion of undergraduate pilot training, in the case 

of training as a pilot; 

(2) completion of undergraduate navigator training, in the 

case of training as a navigator; or 

(3) completion of undergraduate training as a naval flight 

officer, in the case of training as a naval flight officer. 

(Added Pub. L. 101–189, div. A, title VI, Sec. 634(a)(1), Nov. 29, 1989, 103 Stat. 1454; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1484(k)(3), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102– 

484, div. A, title V, Sec. 506(a), Oct. 23, 1992, 106 Stat. 2404.) 

§ 654. Policy concerning homosexuality in the armed forces 1

(a) FINDINGS.—Congress makes the following findings: 

(1) Section 8 of article I of the Constitution of the United 

States commits exclusively to the Congress the powers to raise 

and support armies, provide and maintain a Navy, and make 

rules for the government and regulation of the land and naval 

forces. 
309 § 654 CH. 37—GENERAL SERVICE REQUIREMENTS 

(2) There is no constitutional right to serve in the armed 

forces. 

(3) Pursuant to the powers conferred by section 8 of article 

I of the Constitution of the United States, it lies within the discretion of the Congress to establish qualifications for and conditions of service in the armed forces. 

(4) The primary purpose of the armed forces is to prepare 

for and to prevail in combat should the need arise. 

(5) The conduct of military operations requires members of 

the armed forces to make extraordinary sacrifices, including 

the ultimate sacrifice, in order to provide for the common defense. 

(6) Success in combat requires military units that are 

characterized by high morale, good order and discipline, and 

unit cohesion. 

(7) One of the most critical elements in combat capability 

is unit cohesion, that is, the bonds of trust among individual 

service members that make the combat effectiveness of a military unit greater than the sum of the combat effectiveness of 

the individual unit members. 

(8) Military life is fundamentally different from civilian life 

in that— 

(A) the extraordinary responsibilities of the armed 

forces, the unique conditions of military service, and the 

critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society; and 

(B) the military society is characterized by its own 

laws, rules, customs, and traditions, including numerous 

restrictions on personal behavior, that would not be acceptable in civilian society. 

(9) The standards of conduct for members of the armed 

forces regulate a member’s life for 24 hours each day beginning 

at the moment the member enters military status and not ending until that person is discharged or otherwise separated from 

the armed forces. 

(10) Those standards of conduct, including the Uniform 

Code of Military Justice, apply to a member of the armed 

forces at all times that the member has a military status, 

whether the member is on base or off base, and whether the 

member is on duty or off duty. 

(11) The pervasive application of the standards of conduct 

is necessary because members of the armed forces must be 

ready at all times for worldwide deployment to a combat environment. 

(12) The worldwide deployment of United States military 

forces, the international responsibilities of the United States, 

and the potential for involvement of the armed forces in actual 

combat routinely make it necessary for members of the armed 

forces involuntarily to accept living conditions and working 

conditions that are often spartan, primitive, and characterized 

by forced intimacy with little or no privacy. 
§ 654 CH. 37—GENERAL SERVICE REQUIREMENTS 310 

(13) The prohibition against homosexual conduct is a longstanding element of military law that continues to be necessary in the unique circumstances of military service. 

(14) The armed forces must maintain personnel policies 

that exclude persons whose presence in the armed forces would 

create an unacceptable risk to the armed forces’ high standards 

of morale, good order and discipline, and unit cohesion that are 

the essence of military capability. 

(15) The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts 

would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the 

essence of military capability. 

(b) POLICY.—A member of the armed forces shall be separated 

from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made 

and approved in accordance with procedures set forth in such regulations: 

(1) That the member has engaged in, attempted to engage 

in, or solicited another to engage in a homosexual act or acts 

unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that 

the member has demonstrated that— 

(A) such conduct is a departure from the member’s 

usual and customary behavior; 

(B) such conduct, under all the circumstances, is unlikely to recur; 

(C) such conduct was not accomplished by use of force, 

coercion, or intimidation; 

(D) under the particular circumstances of the case, the 

member’s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and 

(E) the member does not have a propensity or intent 

to engage in homosexual acts. 

(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends 

to engage in homosexual acts. 

(3) That the member has married or attempted to marry 

a person known to be of the same biological sex. 

(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The Secretary of 

Defense shall ensure that the standards for enlistment and appointment of members of the armed forces reflect the policies set 

forth in subsection (b). 

(2) The documents used to effectuate the enlistment or appointment of a person as a member of the armed forces shall set 

forth the provisions of subsection (b). 

(d) REQUIRED BRIEFINGS.—The briefings that members of the 

armed forces receive upon entry into the armed forces and periodically thereafter under section 937 of this title (article 137 of the 
311 § 655 CH. 37—GENERAL SERVICE REQUIREMENTS 

Uniform Code of Military Justice) shall include a detailed explanation of the applicable laws and regulations governing sexual conduct by members of the armed forces, including the policies prescribed under subsection (b). 

(e) RULE OF CONSTRUCTION.—Nothing in subsection (b) shall be 

construed to require that a member of the armed forces be processed for separation from the armed forces when a determination 

is made in accordance with regulations prescribed by the Secretary 

of Defense that— 

(1) the member engaged in conduct or made statements for 

the purpose of avoiding or terminating military service; and 

(2) separation of the member would not be in the best interest of the armed forces. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘homosexual’’ means a person, regardless of 

sex, who engages in, attempts to engage in, has a propensity 

to engage in, or intends to engage in homosexual acts, and includes the terms ‘‘gay’’ and ‘‘lesbian’’. 

(2) The term ‘‘bisexual’’ means a person who engages in, 

attempts to engage in, has a propensity to engage in, or intends to engage in homosexual and heterosexual acts. 

(3) The term ‘‘homosexual act’’ means— 

(A) any bodily contact, actively undertaken or passively permitted, between members of the same sex for the 

purpose of satisfying sexual desires; and 

(B) any bodily contact which a reasonable person 

would understand to demonstrate a propensity or intent to 

engage in an act described in subparagraph (A). 

(Added Pub. L. 103–160, div. A, title V, Sec. 571(a)(1), Nov. 30, 1993, 107 Stat. 1670.) 

§ 655. Designation of persons having interest in status of a 

missing member 

(a) The Secretary concerned shall, upon the enlistment or appointment of a person in the armed forces, require that the person 

specify in writing the person or persons, if any, other than that 

person’s primary next of kin or immediate family, to whom information on the whereabouts and status of the member shall be provided if such whereabouts and status are investigated under chapter 76 of this title. The Secretary shall periodically, and whenever 

the member is deployed as part of a contingency operation or in 

other circumstances specified by the Secretary, require that such 

designation be reconfirmed, or modified, by the member. 

(b) The Secretary concerned shall, upon the request of a member, permit the member to revise the person or persons specified 

by the member under subsection (a) at any time. Any such revision 

shall be in writing. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(d)(1), Feb. 10, 1996, 110 Stat. 352.) 
312 

CHAPTER 38—JOINT OFFICER MANAGEMENT 

Sec. 

661. Management policies for joint qualified officers. 

662. Promotion policy objectives for joint officers. 

663. Joint duty assignments after completion of joint professional military education. 

664. Length of joint duty assignments. 

665. Procedures for monitoring careers of joint qualified officers. 

666. Reserve officers not on the active-duty list. 

667. Annual report to Congress. 

668. Definitions. 

§ 661. Management policies for joint qualified officers 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

policies, procedures, and practices for the effective management of 

officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list who are particularly trained in, and oriented toward, 

joint matters (as defined in section 668 of this title). Such officers 

shall be identified or designated (in addition to their principal military occupational specialty) as a joint qualified officer or in such 

other manner as the Secretary of Defense directs. 

(b) LEVELS, DESIGNATION, AND NUMBERS.—(1)(A) The Secretary 

of Defense shall establish different levels of joint qualification, as 

well as the criteria for qualification at each level. Such levels of 

joint qualification shall be established by the Secretary with the 

advice of the Chairman of the Joint Chiefs of Staff. Each level 

shall, as a minimum, have both joint education criteria and joint 

experience criteria. The purpose of establishing such qualification 

levels is to ensure a systematic, progressive, career-long development of officers in joint matters and to ensure that officers serving 

as general and flag officers have the requisite experience and education to be highly proficient in joint matters. 

(B) The number of officers who are joint qualified shall be determined by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff. Such number shall be large 

enough to meet the requirements of subsection (d). 

(2) Certain officers shall be designated as joint qualified by the 

Secretary of Defense with the advice of the Chairman of the Joint 

Chiefs of Staff. 

(3) An officer may be designated as joint qualified under paragraph (2) only if the officer— 

(A) meets the education and experience criteria of subsection (c); 

(B) meets such additional criteria as prescribed by the Secretary of Defense; and 

(C) holds the grade of captain or, in the case of the Navy, 

lieutenant or a higher grade. 
313 § 661 CH. 38—JOINT OFFICER MANAGEMENT 

(4) The authority of the Secretary of Defense under paragraph 

(2) to designate officers as joint qualified may be delegated only to 

the Deputy Secretary of Defense or an Under Secretary of Defense. 

(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer 

may not be designated as joint qualified until the officer— 

(A) successfully completes an appropriate program of joint professional military education, as described in subsections (b) and (c) 

of section 2155 of this title, at a joint professional military education school; and 

(B) successfully completes— 

(i) a full tour of duty in a joint assignment, as described 

in section 664(f) of this title; or 

(ii) such other assignments and experiences in a manner 

that demonstrate the officer’s mastery of knowledge, skills, and 

abilities in joint matters, as determined under such regulations 

and policy as the Secretary of Defense may prescribe. 

(2) Subject to paragraphs (3) through (6), the Secretary of Defense may waive the requirement under paragraph (1)(A) that an 

officer have successfully completed a program of education, as described in subsections (b) and (c) of section 2155 of this title. 

(3) In the case of an officer in a grade below brigadier general 

or rear admiral (lower half), a waiver under paragraph (2) may be 

granted only if— 

(A) the officer has completed two full tours of duty in a 

joint duty assignment, as described in section 664(f) of this 

title, in such a manner as to demonstrate the officer’s mastery 

of knowledge, skills, and abilities on joint matters; and 

(B) the Secretary of Defense determines that the types of 

joint duty experiences completed by the officer have been of 

sufficient breadth to prepare the officer adequately for service 

as a general or flag officer in a joint duty assignment position. 

(4) In the case of a general or flag officer, a waiver under paragraph (2) may be granted only— 

(A) under unusual circumstances justifying the variation 

from the education requirement under paragraph (1)(A); and 

(B) under circumstances in which the waiver is necessary 

to meet a critical need of the armed forces, as determined by 

the Chairman of the Joint Chiefs of Staff. 

(5) In the case of officers in grades below brigadier general or 

rear admiral (lower half), the total number of waivers granted 

under paragraph (2) for officers in the same pay grade during a fiscal year may not exceed 10 percent of the total number of officers 

in that pay grade designated as joint qualified during that fiscal 

year. 

(6) There may not be more than 32 general and flag officers 

on active duty at the same time who, while holding a general or 

flag officer position, were designated joint qualified (or were selected for the joint specialty before October 1, 2007) and for whom 

a waiver was granted under paragraph (2). 

(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary 

of Defense shall ensure that approximately one-half of the joint 

duty assignment positions in grades above major or, in the case of 

the Navy, lieutenant commander, are filled at any time by officers 

who have the appropriate level of joint qualification. 
§ 662 CH. 38—JOINT OFFICER MANAGEMENT 314 

(2) The Secretary of Defense, with the advice of the Chairman 

of the Joint Chiefs of Staff, shall designate an appropriate number 

of joint duty assignment positions as critical joint duty assignment 

positions. A position may be designated as a critical joint duty assignment position only if the duties and responsibilities of the position make it important that the occupant be particularly trained in, 

and oriented toward, joint matters. 

(3)(A) Subject to subparagraph (B), a position designated under 

paragraph (2) may be held only by an officer who— 

(i) was designated as joint qualified in accordance with 

this chapter; or 

(ii) was selected for the joint specialty before October 1, 

2007. 

(B) The Secretary of Defense may waive the requirement in 

subparagraph (A) with respect to the assignment of an officer to a 

position designated under paragraph (2). Any such waiver shall be 

granted on a case-by-case basis. The authority of the Secretary to 

grant such a waiver may be delegated only to the Chairman of the 

Joint Chiefs of Staff. 

(4) The Secretary of Defense shall ensure that, of those joint 

duty assignment positions that are filled by general or flag officers, 

a substantial portion are among those positions that are designated 

under paragraph (2) as critical joint duty assignment positions. 

(e) CAREER GUIDELINES.—The Secretary, with the advice of the 

Chairman of the Joint Chiefs of Staff, shall establish career guidelines for officers to achieve joint qualification and for officers who 

have been designated as joint qualified. Such guidelines shall include guidelines for— 

(1) selection; 

(2) military education; 

(3) training; 

(4) types of duty assignments; and 

(5) such other matters as the Secretary considers appropriate. 

(f) TREATMENT OF CERTAIN SERVICE.—Any service by an officer 

in the grade of captain or, in the case of the Navy, lieutenant in 

a joint duty assignment shall be considered to be service in a joint 

duty assignment for purposes of all laws (including section 619a of 

this title) establishing a requirement or condition with respect to 

an officer’s service in a joint duty assignment. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1025; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1301–1302(b), Dec. 4, 1987, 101 Stat. 1168, 1169; Pub. L. 100–456, 

div. A, title V, Sec. 511, 512(a), 517(a), 518, Sept. 29, 1988, 102 Stat. 1968, 1971; Pub. L. 101– 

189, div. A, title XI, Sec. 1113, 1122, Nov. 29, 1989, 103 Stat. 1554, 1556; Pub. L. 104–106, div. 

A, title V, Sec. 501(a), (d), title XV, Sec. 1503(a)(6), Feb. 10, 1996, 110 Stat. 290, 292, 511; Pub. 

L. 107–107, div. A, title V, Sec. 521(a), Dec. 28, 2001, 115 Stat. 1097; Pub. L. 107–314, div. A, 

title V, Sec. 502(c), title X, Sec. 1062(a)(3), Dec. 2, 2002, 116 Stat. 2530, 2649; Pub. L. 109–364, 

div. A, title V, Sec. 516(a)–(e)(1), Oct. 17, 2006, 120 Stat. 2187, 2189; Pub. L. 110–417, [div. A], 

title V, Sec. 522(a)(1), (2), Oct. 14, 2008, 122 Stat. 4444, 4445.) 

§ 662. Promotion policy objectives for joint officers 

(a) QUALIFICATIONS.—The Secretary of Defense shall ensure 

that the qualifications of officers assigned to joint duty assignments 

are such that— 

(1) officers who are serving on, or have served on, the Joint 

Staff are expected, as a group, to be promoted to the next high-
315 § 663 CH. 38—JOINT OFFICER MANAGEMENT 

er grade at a rate not less than the rate for officers of the same 

armed force in the same grade and competitive category who 

are serving on, or have served on, the headquarters staff of 

their armed force; and 

(2) officers in the grade of major (or in the case of the 

Navy, lieutenant commander) or above who have been designated as a joint qualified officer are expected, as a group, to 

be promoted to the next higher grade at a rate not less than 

the rate for all officers of the same armed force in the same 

grade and competitive category. 

(b) ANNUAL REPORT.—Not later than January 1 of each year, 

the Secretary of Defense shall submit to Congress a report on the 

promotion rates during the preceding fiscal year of officers who are 

serving in, or have served in, joint duty assignments or on the 

Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, 

captain), especially with respect to the record of officer selection 

boards in meeting the objectives of paragraphs (1) and (2) of subsection (a). If such promotion rates fail to meet such objectives for 

any fiscal year, the Secretary shall include in the report for that 

fiscal year information on such failure and on what action the Secretary has taken or plans to take to prevent further failures. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1026; amended Pub. L. 100– 

456, div. A, title V, Sec. 513, Sept. 29, 1988, 102 Stat. 1969; Pub. L. 101–510, div. A, title XIII, 

Sec. 1311(3), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–201, div. A, title V, Sec. 510, Sept. 23, 

1996, 110 Stat. 2514; Pub. L. 107–107, div. A, title V, Sec. 521(b), Dec. 28, 2001, 115 Stat. 1097; 

Pub. L. 107–314, div. A, title X, Sec. 1062(a)(4), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, 

div. A, title V, Sec. 535, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–364, div. A, title V, Sec. 

517, Oct. 17, 2006, 120 Stat. 2190; Pub. L. 110–181, div. A, title X, Sec. 1063(a)(3), Jan. 28, 

2008, 122 Stat. 321; Pub. L. 110–417, [div. A], title V, Sec. 523, Oct. 14, 2008, 122 Stat. 4446; 

Pub. L. 111–84, div. A, title X, Sec. 1073(c)(2), Oct. 28, 2009, 123 Stat. 2474.) 

§ 663. Joint duty assignments after completion of joint professional military education 

(a) JOINT QUALIFIED OFFICERS.—The Secretary of Defense 

shall ensure that each officer designated as a joint qualified officer 

who graduates from a school within the National Defense University specified in subsection (c) shall be assigned to a joint duty assignment for that officer’s next duty assignment after such graduation (unless the officer receives a waiver of that requirement by the 

Secretary in an individual case). 

(b) OTHER OFFICERS.—(1) The Secretary of Defense shall ensure that a high proportion (which shall be greater than 50 percent) of the officers graduating from a school within the National 

Defense University specified in subsection (c) who are not designated as a joint qualified officer shall receive assignments to a 

joint duty assignment as their next duty assignment after such 

graduation or, to the extent authorized in paragraph (2), as their 

second duty assignment after such graduation. 

(2) The Secretary may, if the Secretary determines that it is 

necessary to do so for the efficient management of officer personnel, 

establish procedures to allow up to one-half of the officers subject 

to the joint duty assignment requirement in paragraph (1) to be assigned to a joint duty assignment as their second (rather than first) 
§ 664 CH. 38—JOINT OFFICER MANAGEMENT 316 

assignment after such graduation from a school referred to in paragraph (1). 

(c) COVERED SCHOOLS WITHIN THE NATIONAL DEFENSE UNI- VERSITY.—For purposes of this section, a school within the National 

Defense University specified in this subsection is one of the following: 

(1) The National War College. 

(2) The Industrial College of the Armed Forces. 

(3) The Joint Forces Staff College. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1027; amended Pub. L. 101– 

189, div. A, title XI, Sec. 1123(c)(1), Nov. 29, 1989, 103 Stat. 1557; Pub. L. 102–190, div. A, title 

IX, Sec. 912(a), Dec. 5, 1991, 105 Stat. 1452; Pub. L. 103–160, div. A, title IX, Sec. 933(a), Nov. 

30, 1993, 107 Stat. 1735; Pub. L. 107–107, div. A, title X, Sec. 1048(a)(6), Dec. 28, 2001, 115 

Stat. 1223; Pub. L. 107–314, div. A, title X, Sec. 1062(a)(5), Dec. 2, 2002, 116 Stat. 2650; Pub. 

L. 108–375, div. A, title V, Sec. 532(b)–(c)(2)(A), Oct. 28, 2004, 118 Stat. 1900; Pub. L. 109–364, 

div. A, title V, Sec. 518, Oct. 17, 2006, 120 Stat. 2190; Pub. L. 110–417, [div. A], title V, Sec. 

522(b), Oct. 14, 2008, 122 Stat. 4445.) 

§ 664. Length of joint duty assignments 

(a) GENERAL RULE.—The length of a joint duty assignment— 

(1) for general and flag officers shall be not less than two 

years; and 

(2) for other officers shall be not less than three years. 

(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 

subsection (a) in the case of any officer. 

(c) INITIAL ASSIGNMENT OF OFFICERS WITH CRITICAL OCCUPA- TIONAL SPECIALTIES.—The Secretary may for purposes of section 

661(c)(1)(B) of this title authorize a joint duty assignment of less 

than the period prescribed by subsection (a), but not less than two 

years, without the requirement for a waiver under subsection (b) 

in the case of an officer— 

(1) who has a military occupational specialty designated 

under section 668(d) of this title as a critical occupational specialty; and 

(2) for whom such joint duty assignment is the initial joint 

duty assignment. 

(d) EXCLUSIONS FROM TOUR LENGTH.—The Secretary of Defense may exclude the following service from the standards prescribed in subsection (a): 

(1) Service in a joint duty assignment in which the full 

tour of duty in the assignment is not completed by the officer 

because of— 

(A) retirement; 

(B) release from active duty; 

(C) suspension from duty under section 155(f)(2) or 

164(g) of this title; or 

(D) a qualifying reassignment from a joint duty assignment— 

(i) for unusual personal reasons, including extreme hardship and medical conditions, beyond the 

control of the officer or the armed forces; or 

(ii) to another joint duty assignment immediately 

after— 

(I) the officer was promoted to a higher grade, 

if the reassignment was made because no joint 

duty assignment was available within the same 
317 § 664 CH. 38—JOINT OFFICER MANAGEMENT 

organization that was commensurate with the officer’s new grade; or 

(II) the officer’s position was eliminated in a 

reorganization. 

(2) Service in a joint duty assignment outside the United 

States or in Alaska or Hawaii which is less than the applicable 

standard prescribed in subsection (a). 

(3) Service in a joint duty assignment in a case in which 

the officer’s tour of duty in that assignment brings the officer’s 

accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a). 

(e) AVERAGE TOUR LENGTHS.—(1) The Secretary shall ensure 

that the average length of joint duty assignments during any fiscal 

year, measured by the lengths of the joint duty assignments ending 

during that fiscal year, meets the standards prescribed in subsection (a). 

(2) In computing the average length of joint duty assignments 

for purposes of paragraph (1), the Secretary may exclude the following service: 

(A) Service described in subsection (c). 

(B) Service described in subsection (d). 

(C) Service described in subsection (f)(6). 

(f) FULL TOUR OF DUTY.—An officer shall be considered to have 

completed a full tour of duty in a joint duty assignment upon completion of any of the following: 

(1) A joint duty assignment that meets the standards prescribed in subsection (a). 

(2) A joint duty assignment under the circumstances described in subsection (c). 

(3) Accrued joint experience in joint duty assignments as 

described in subsection (g). 

(4) A joint duty assignment outside the United States or 

in Alaska or Hawaii for which the normal accompanied-by-dependents tour of duty is prescribed by regulation to be at least 

two years in length, if the officer serves in the assignment for 

a period equivalent to the accompanied-by-dependents tour 

length. 

(5) A joint duty assignment with respect to which the Secretary of Defense has granted a waiver under subsection (b), 

but only in a case in which the Secretary determines that the 

service completed by that officer in that duty assignment shall 

be considered to be a full tour of duty in a joint duty assignment. 

(6) A second and subsequent joint duty assignment that is 

less than the period required under subsection (a), but not less 

than two years. 

(g) ACCRUED JOINT EXPERIENCE.—For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, 

certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff. 
§ 665 CH. 38—JOINT OFFICER MANAGEMENT 318 

(h) CONSTRUCTIVE CREDIT.—(1) The Secretary of Defense may 

accord constructive credit in the case of an officer (other than a 

general or flag officer) who, for reasons of military necessity, is reassigned from a joint duty assignment within 60 days of meeting 

the tour length criteria prescribed in paragraphs (1), (2), and (4) of 

subsection (f). The amount of constructive service that may be credited to such officer shall be the amount sufficient for the completion 

of the applicable tour of duty requirement, but in no case more 

than 60 days. 

(2) For the purpose of computing under subsection (e) the average length of joint duty assignments during a fiscal year, the 

amount of any constructive service credited under this subsection 

with respect to a joint duty assignment to be counted in that computation shall be excluded. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1028; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1303(a), Dec. 4, 1987, 101 Stat. 1170; Pub. L. 100–456, div. A, title 

V, Sec. 514, 517(b), Sept. 29, 1988, 102 Stat. 1969, 1971; Pub. L. 104–106, div. A, title V, Sec. 

501(b), (e), (f), Feb. 10, 1996, 110 Stat. 290, 292; Pub. L. 106–65, div. A, title X, Sec. 1066(a)(5), 

Oct. 5, 1999, 113 Stat. 770; Pub. L. 107–107, div. A, title V, Sec. 522, Dec. 28, 2001, 115 Stat. 

1097; Pub. L. 109–364, div. A, title V, Sec. 519(d)(1), Oct. 17, 2006, 120 Stat. 2191; Pub. L. 110– 

417, [div. A], title V, Sec. 524, Oct. 14, 2008, 122 Stat. 4446.) 

§ 665. Procedures for monitoring careers of joint qualified 

officers 

(a) PROCEDURES.—(1) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish 

procedures for overseeing the careers of— 

(A) officers designated as a joint qualified officer; and 

(B) other officers who serve in joint duty assignments. 

(2) Such oversight shall include monitoring of the implementation of the career guidelines established under section 661(e) of this 

title. 

(b) FUNCTION OF JOINT STAFF.—The Secretary shall take such 

action as necessary to enhance the capabilities of the Joint Staff so 

that it can— 

(1) monitor the promotions and career assignments of officers designated as a joint qualified officer and of other officers 

who have served in joint duty assignments; and 

(2) otherwise advise the Chairman on joint personnel matters. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1028; amended Pub. L. 110– 

417, [div. A], title V, Sec. 522(c)(1), (2), Oct. 14, 2008, 122 Stat. 4445.) 

§ 666. Reserve officers not on the active-duty list 

The Secretary of Defense shall establish personnel policies emphasizing education and experience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent 

practicable for the reserve components, be similar to the policies 

provided by this chapter. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1028.) 

§ 667. Annual report to Congress 

The Secretary of Defense shall include in the annual report of 

the Secretary to Congress under section 113(c) of this title, for the 

period covered by the report, the following information (which shall 
319 § 667 CH. 38—JOINT OFFICER MANAGEMENT 

be shown for the Department of Defense as a whole and separately 

for the Army, Navy, Air Force, and Marine Corps): 

(1)(A) The number of officers designated as a joint qualified officer. 

(B) The number of officers who meet the criteria for designation as a joint qualified officer, but were not selected, together with the reasons why. 

(C) A comparison of the number of officers who were designated as a joint qualified officer who had served in a Joint 

Duty Assignment List billet and completed Joint Professional 

Military Education Phase II, with the number designated as a 

joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Education 

Phase II. 

(2) The number of officers designated as a joint qualified 

officer, shown by grade and branch or specialty and by education. 

(3) The promotion rate for officers designated as a joint 

qualified officer, compared with the promotion rate for other officers considered for promotion from within the promotion zone 

in the same pay grade and the same competitive category. A 

similar comparison will be made for officers both below the 

promotion zone and above the promotion zone. 

(4) The average length of tours of duty in joint duty assignments— 

(A) for general and flag officers, shown separately for 

assignments to the Joint Staff and other joint duty assignments; and 

(B) for other officers, shown separately for assignments to the Joint Staff and other joint duty assignments. 

(5) The number of times, in the case of each category of exclusion, that service in a joint duty assignment was excluded 

in computing the average length of joint duty assignments. 

(6)(A) An analysis of the extent to which the Secretary of 

each military department is providing officers to fill that department’s share (as determined by law or by the Secretary of 

Defense) of Joint Staff and other joint duty assignments, including the reason for any significant failure by a military department to fill its share of such positions and a discussion of 

the actions being taken to correct the shortfall. 

(B) An assessment of the extent to which the Secretary of 

each military department is assigning personnel to joint duty 

assignments in accordance with this chapter and the policies, 

procedures, and practices established by the Secretary of Defense under section 661(a) of this title. 

(7) The number of times a waiver authority was exercised 

under this chapter (or under any other provision of law which 

permits the waiver of any requirement relating to joint duty 

assignments) and in the case of each such authority— 

(A) whether the authority was exercised for a general 

or flag officer; 

(B) an analysis of the reasons for exercising the authority; and 
§ 668 CH. 38—JOINT OFFICER MANAGEMENT 320 

(C) the number of times in which action was taken 

without exercise of the waiver authority compared with 

the number of times waiver authority was exercised (in the 

case of each waiver authority under this chapter or under 

any other provision of law which permits the waiver of any 

requirement relating to joint duty assignments). 

(8) The number of officers in the grade of captain (or in the 

case of the Navy, lieutenant) and above certified at each level 

of joint qualification as established in regulation and policy by 

the Secretary of Defense with the advice of the Chairman of 

the Joint Chiefs of Staff. Such numbers shall be reported by 

service and grade of the officer. 

(9) With regard to the principal courses of instruction for 

Joint Professional Military Education Level II, the number of 

officers graduating from each of the following: 

(A) The Joint Forces Staff College. 

(B) The National Defense University. 

(C) Senior Service Schools. 

(10) Such other information and comparative data as the 

Secretary of Defense considers appropriate to demonstrate the 

performance of the Department of Defense and the performance of each military department in carrying out this chapter. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1029; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1304(a), Dec. 4, 1987, 101 Stat. 1172; Pub. L. 100–456, div. A, title 

V, Sec. 512(b), Sept. 29, 1988, 102 Stat. 1968; Pub. L. 101–189, div. A, title XI, Sec. 1123(d), 

Nov. 29, 1989, 103 Stat. 1557; Pub. L. 104–106, div. A, title V, Sec. 501(c), Feb. 10, 1996, 110 

Stat. 292; Pub. L. 107–107, div. A, title V, Sec. 524, title X, Sec. 1048(a)(7), Dec. 28, 2001, 115 

Stat. 1098, 1223; Pub. L. 109–364, div. A, title V, Sec. 519(d)(2), Oct. 17, 2006, 120 Stat. 2191; 

Pub. L. 110–417, [div. A], title V, Sec. 522(d), Oct. 14, 2008, 122 Stat. 4445; Pub. L. 111–84, 

div. A, title V, Sec. 503, Oct. 28, 2009, 123 Stat. 2277.) 

§ 668. Definitions 

(a) JOINT MATTERS.—(1) In this chapter, the term ‘‘joint matters’’ means matters related to the achievement of unified action by 

integrated military forces in operations conducted across domains 

such as land, sea, or air, in space, or in the information environment, including matters relating to— 

(A) national military strategy; 

(B) strategic planning and contingency planning; 

(C) command and control of operations under unified command; 

(D) national security planning with other departments and 

agencies of the United States; or 

(E) combined operations with military forces of allied nations. 

(2) In the context of joint matters, the term ‘‘integrated military forces’’ refers to military forces that are involved in the planning or execution (or both) of operations involving participants 

from— 

(A) more than one military department; or 

(B) a military department and one or more of the following: 

(i) Other departments and agencies of the United 

States. 

(ii) The military forces or agencies of other countries. 

(iii) Non-governmental persons or entities. 
321 § 668 CH. 38—JOINT OFFICER MANAGEMENT 

(b) JOINT DUTY ASSIGNMENT.—(1) The Secretary of Defense 

shall by regulation define the term ‘‘joint duty assignment’’ for the 

purposes of this chapter. That definition— 

(A) shall be limited to assignments in which the officer gains 

significant experience in joint matters; and 

(B) shall exclude assignments for joint training and education, 

except an assignment as an instructor responsible for preparing 

and presenting courses in areas of the curricula designated in section 2155(c) of this title as part of a program designated by the Secretary of Defense as joint professional military education Phase II. 

(2) The Secretary shall publish a joint duty assignment list 

showing— 

(A) the positions that are joint duty assignment positions 

under such regulation and the number of such positions and, 

of those positions, those that are positions held by general or 

flag officers and the number of such positions; and 

(B) of the positions listed under subparagraph (A), those 

that are critical joint duty assignment positions and the number of such positions and, of those positions, those that are positions held by general or flag officers and the number of such 

positions. 

(c) CLARIFICATION OF ‘‘TOUR OF DUTY’’.—For purposes of this 

chapter, a tour of duty in which an officer serves in more than one 

joint duty assignment without a break between such assignments 

shall be considered to be a single tour of duty in a joint duty assignment. 

(d) CRITICAL OCCUPATIONAL SPECIALTY.—(1) In this chapter, 

the term ‘‘critical occupational specialty’’ means a military occupational specialty involving combat operations within the combat 

arms, in the case of the Army, or the equivalent arms, in the case 

of the Navy, Air Force, and Marine Corps, that the Secretary of Defense designates as critical. 

(2) At a minimum, the Secretary of Defense shall designate as 

a critical occupational specialty under paragraph (1) any military 

occupational specialty within a combat arms (or the equivalent) 

that is experiencing a severe shortage of trained officers in that 

specialty, as determined by the Secretary. 

(Added Pub. L. 99–433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 1029; amended Pub. L. 100– 

180, div. A, title XIII, Sec. 1302(c)(1), 1303(b), Dec. 4, 1987, 101 Stat. 1170, 1172; Pub. L. 100– 

456, div. A, title V, Sec. 519(b), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 108–375, div. A, title 

V, Sec. 534(a), (b), Oct. 28, 2004, 118 Stat. 1901; Pub. L. 109–364, div. A, title V, Sec. 519(a)– 

(c), Oct. 17, 2006, 120 Stat. 2190, 2191; Pub. L. 111–383, div. A, title V, Sec. 521, Jan. 7, 2011, 

124 Stat. 4214.) 
322 

CHAPTER 39—ACTIVE DUTY 

Sec. 

671. Members not to be assigned outside United States before completing training. 

671a. Members: service extension during war. 

671b. Members: service extension when Congress is not in session. 

672. Reference to chapter 1209. 

[673 to 687. Renumbered.] 

688. Retired members: authority to order to active duty; duties. 

688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments. 

689. Retired members: grade in which ordered to active duty and upon release 

from active duty. 

690. Retired members ordered to active duty: limitation on number. 

691. Permanent end strength levels to support two major regional contingencies. 

§ 671. Members not to be assigned outside United States before completing training 

(a) A member of the armed forces may not be assigned to active duty on land outside the United States and its territories and 

possessions until the member has completed the basic training requirements of the armed force of which he is a member. 

(b) In time of war or a national emergency declared by Congress or the President, the period of required basic training (or its 

equivalent) may not (except as provided in subsection (c)) be less 

than 12 weeks. 

(c)(1) A period of basic training (or equivalent training) shorter 

than 12 weeks may be established by the Secretary concerned for 

members of the armed forces who have been credentialed in a medical profession or occupation and are serving in a health-care occupational specialty, as determined under regulations prescribed 

under paragraph (2). Any such period shall be established under 

regulations prescribed under paragraph (2) and may be established 

notwithstanding section 4(a) of the Military Selective Service Act 

(50 U.S.C. App. 454(a)). 

(2) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, shall prescribe regulations for the purposes of paragraph (1). The regulations prescribed by the Secretary 

of Defense shall apply uniformly to the military departments. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Oct. 7, 1975, Pub. L. 94–106, title VIII, Sec. 802(b), 89 

Stat. 537; Nov. 14, 1986, Pub. L. 99–661, div. A, title V, Sec. 501, 100 Stat. 3863; Nov. 30, 1993, 

Pub. L. 103–160, div. A, title V, Sec. 511, 107 Stat. 1648; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 671a. Members: service extension during war 

Unless terminated at an earlier date by the Secretary concerned, the period of active service of any member of an armed 

force is extended for the duration of any war in which the United 

States may be engaged and for six months thereafter. 
323 § 688 CH. 39—ACTIVE DUTY 

(Added Pub. L. 90–235, Sec. 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753.) 

§ 671b. Members: service extension when Congress is not in 

session 

(a) Notwithstanding any other provision of law, when the 

President determines that the national interest so requires, he 

may, if Congress is not in session, having adjourned sine die, authorize the Secretary of Defense to extend for not more than six 

months enlistments, appointments, periods of active duty, periods 

of active duty for training, periods of obligated service, or other 

military status, in any component of the armed forces, that expire 

before the thirtieth day after Congress next convenes or reconvenes. 

(b) An extension under this section continues until the sixtieth 

day after Congress next convenes or reconvenes or until the expiration of the period of extension specified by the Secretary of Defense, 

whichever occurs earlier, unless sooner terminated by law or Executive order. 

(Added Pub. L. 90–235, Sec. 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; amended Pub. L. 101–189, 

div. A, title VI, Sec. 653(a)(3), Nov. 29, 1989, 103 Stat. 1462.) 

§ 672. Reference to chapter 1209 

Provisions of law relating to service of members of reserve 

components on active duty are set forth in chapter 1209 of this title 

(beginning with section 12301). 

(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(e)(4), Oct. 5, 1994, 108 Stat. 2992.) 

[§§ 673, 673a, 673b, 673c, 674 to 687. Renumbered §§ 12302 to 

12319] 

§ 688. Retired members: authority to order to active duty; 

duties 

(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of Defense, a member described in subsection (b) may be ordered 

to active duty by the Secretary of the military department concerned at any time. 

(b) COVERED MEMBERS.—Except as provided in subsection (d), 

subsection (a) applies to the following members of the armed forces: 

(1) A retired member of the Regular Army, Regular Navy, 

Regular Air Force, or Regular Marine Corps. 

(2) A member of the Retired Reserve who was retired 

under section 1293, 3911, 3914, 6323, 8911, or 8914 of this 

title. 

(3) A member of the Fleet Reserve or Fleet Marine Corps 

Reserve. 

(c) DUTIES OF MEMBER ORDERED TO ACTIVE DUTY.—The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this 

section to such duties as the Secretary considers necessary in the 

interests of national defense. 

(d) EXCLUSION OF OFFICERS RETIRED ON SELECTIVE EARLY RETIREMENT BASIS.—The following officers may not be ordered to active duty under this section: 

(1) An officer who retired under section 638 of this title. 

(2) An officer who— 
§ 688a CH. 39—ACTIVE DUTY 324 

(A) after having been notified that the officer was to 

be considered for early retirement under section 638 of this 

title by a board convened under section 611(b) of this title 

and before being considered by that board, requested retirement 

under section 3911, 6323, or 8911 of this title; and 

(B) was retired pursuant to that request. 

(e) LIMITATION OF PERIOD OF RECALL SERVICE.—(1) A member 

ordered to active duty under subsection (a) may not serve on active 

duty pursuant to orders under that subsection for more than 12 

months within the 24 months following the first day of the active 

duty to which ordered under that subsection. 

(2) Paragraph (1) does not apply to the following officers: 

(A) A chaplain who is assigned to duty as a chaplain for 

the period of active duty to which ordered. 

(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of active duty to which ordered. 

(C) An officer assigned to duty with the American Battle 

Monuments Commission for the period of active duty to which 

ordered. 

(D) An officer who is assigned to duty as a defense attache 

or service attache for the period of active duty to which ordered. 

(f) WAIVER FOR PERIODS OF WAR OR NATIONAL EMERGENCY.— 

Subsections (d) and (e) do not apply in time of war or of national 

emergency declared by Congress or the President. 

(Added Pub. L. 104–201, div. A, title V, Sec. 521(a), Sept. 23, 1996, 110 Stat. 2515; Pub. L. 105– 

85, div. A, title V, Sec. 502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, 

Sec. 509(a), Dec. 28, 2001, 115 Stat. 1091.) 

§ 688a. Retired members: temporary authority to order to 

active duty in high-demand, low-density assignments 

(a) AUTHORITY.—The Secretary of a military department may 

order to active duty a retired member who agrees to serve on active 

duty in an assignment intended to alleviate a high-demand, lowdensity military capability or in any other specialty designated by 

the Secretary as critical to meet wartime or peacetime requirements. Any such order may be made only with the consent of the 

member ordered to active duty and in accordance with an agreement between the Secretary and the member. 

(b) DURATION.—The period of active duty of a member under 

an order to active duty under subsection (a) shall be specified in 

the agreement entered into under that subsection. 

(c) LIMITATION.—No more than a total of 1,000 members may 

be on active duty at any time under subsection (a). 

(d) RELATIONSHIP TO OTHER AUTHORITY.—The authority to 

order a retired member to active duty under this section is in addition to the authority under section 688 of this title or any other 

provision of law authorizing the Secretary concerned to order a retired member to active duty. 
325 § 689 CH. 39—ACTIVE DUTY 

(e) INAPPLICABILITY OF CERTAIN PROVISIONS.—Retired members ordered to active duty under subsection (a) shall not be counted for purposes of section 688 or 690 of this title. 

(f) EXPIRATION OF AUTHORITY.—A retired member may not be 

ordered to active duty under this section after December 31, 2011. 

(g) HIGH-DEMAND, LOW-DENSITY MILITARY CAPABILITY DEFINED.—In this section, the term ‘‘high-demand, low-density military capability’’ means a combat, combat support or service support 

capability, unit, system, or occupational specialty that the Secretary of Defense determines has funding, equipment, or personnel 

levels that are substantially below the levels required to fully meet 

or sustain actual or expected operational requirements set by regional commanders. 

(Added Pub. L. 107–314, div. A, title V, Sec. 503(a)(1), Dec. 2, 2002, 116 Stat. 2530; amended 

Pub. L. 109–364, div. A, title VI, Sec. 621(b), (d)(2)(A), Oct. 17, 2006, 120 Stat. 2254, 2255; Pub. 

L. 111–383, div. A, title V, Sec. 531(a), Jan. 7, 2011, 124 Stat. 4215.) 

§ 689. Retired members: grade in which ordered to active 

duty and upon release from active duty 

(a) GENERAL RULE FOR GRADE IN WHICH ORDERED TO ACTIVE

DUTY.—Except as provided in subsections (b) and (c), a retired 

member ordered to active duty under section 688 or 688a of this 

title shall be ordered to active duty in the member’s retired grade. 

(b) MEMBERS RETIRED IN O–9 AND O–10 GRADES.—A retired 

member ordered to active duty under section 688 or 688a of this 

title whose retired grade is above the grade of major general or 

rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty. 

(c) MEMBERS WHO PREVIOUSLY SERVED IN GRADE HIGHER

THAN RETIRED GRADE.—(1) A retired member ordered to active 

duty under section 688 or 688a of this title who has previously 

served on active duty satisfactorily, as determined by the Secretary 

of the military department concerned, in a grade higher than that 

member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except 

that such a member may not be so ordered to active duty in a 

grade above major general or rear admiral. 

(2) A retired member ordered to active duty in a grade that is 

higher than the member’s retired grade pursuant to subsection (a) 

shall be treated for purposes of section 690 of this title as if the 

member was promoted to that higher grade while on that tour of 

active duty. 

(3) If, upon being released from that tour of active duty, such 

a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 

months in a grade that is a higher grade than the member’s retired 

grade, the member is entitled to placement on the retired list in 

that grade. 

(d) GRADE UPON RELEASE FROM ACTIVE DUTY.—A member ordered to active duty under section 688 or 688a of this title who, 

while on active duty, is promoted to a grade that is higher than 

that member’s retired grade is entitled, upon that member’s release 

from that tour of active duty, to placement on the retired list in the 

highest grade in which the member served on active duty satisfac-
§ 690 CH. 39—ACTIVE DUTY 326 

torily, as determined by the Secretary of the military department 

concerned, for not less than six months. 

(Added Pub. L. 104–201, div. A, title V, Sec. 521(a), Sept. 23, 1996, 110 Stat. 2516; amended 

Pub. L. 107–314, div. A, title V, Sec. 503(b)(1), Dec. 2, 2002, 116 Stat. 2531.) 

§ 690. Retired members ordered to active duty: limitation on 

number 

(a) GENERAL AND FLAG OFFICERS.—Not more than 15 retired 

general officers of the Army, Air Force, or Marine Corps, and not 

more than 15 retired flag officers of the Navy, may be on active 

duty at any one time. For the purposes of this subsection a retired 

officer ordered to active duty for a period of 60 days or less is not 

counted. 

(b) LIMITATION BY SERVICE.—(1) Not more than 25 officers of 

any one armed force may be serving on active duty concurrently 

pursuant to orders to active duty issued under section 688 of this 

title. 

(2) In the administration of paragraph (1), the following officers shall not be counted: 

(A) A chaplain who is assigned to duty as a chaplain for 

the period of active duty to which ordered. 

(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of the active duty to which ordered. 

(C) Any officer assigned to duty with the American Battle 

Monuments Commission for the period of active duty to which 

ordered. 

(D) Any member of the Retiree Council of the Army, Navy, 

or Air Force for the period on active duty to attend the annual 

meeting of the Retiree Council. 

(E) An officer who is assigned to duty as a defense attache 

or service attache for the period of active duty to which ordered. 

(c) WAIVER FOR PERIODS OF WAR OR NATIONAL EMERGENCY.— Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 

1980. Subsection (b) does not apply in time of war or of national 

emergency declared by Congress or the President. 

(Added Pub. L. 104–201, div. A, title V, Sec. 521(a), Sept. 23, 1996, 110 Stat. 2516; amended 

Pub. L. 106–65, div. A, title V, Sec. 507, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, 

title V, Sec. 509(b), Dec. 28, 2001, 115 Stat. 1091.) 

§ 691. Permanent end strength levels to support two major 

regional contingencies 

(a) The end strengths specified in subsection (b) are the minimum strengths necessary to enable the armed forces to fulfill a 

national defense strategy calling for the United States to be able 

to successfully conduct two nearly simultaneous major regional contingencies. 

(b) Unless otherwise provided by law, the number of members 

of the armed forces (other than the Coast Guard) on active duty at 

the end of any fiscal year shall be not less than the following: 

(1) For the Army, 547,400. 

(2) For the Navy, 324,300. 

(3) For the Marine Corps, 202,100. 
327 § 691 CH. 39—ACTIVE DUTY 

(4) For the Air Force, 332,200. 

(c) The budget for the Department of Defense for any fiscal 

year as submitted to Congress shall include amounts for funding 

for each of the armed forces (other than the Coast Guard) at least 

in the amounts necessary to maintain the active duty end 

strengths prescribed in subsection (b), as in effect at the time that 

such budget is submitted. 

(d) No funds appropriated to the Department of Defense may 

be used to implement a reduction of the active duty end strength 

for any of the armed forces (other than the Coast Guard) for any 

fiscal year below the level specified in subsection (b) unless the reduction in end strength for that armed force for that fiscal year is 

specifically authorized by law. 

[(e) Repealed. Pub. L. 107–314, div. A, title IV, Sec. 402(b), 

Dec. 2, 2002, 116 Stat. 2525.] 

(f) The number of members of the armed forces on active duty 

shall be counted for purposes of this section in the same manner 

as applies under section 115(a)(1) of this title. 

(Added Pub. L. 104–106, div. A, title IV, Sec. 401(b)(1), Feb. 10, 1996, 110 Stat. 285; amended 

Pub. L. 104–201, div. A, title IV, Sec. 402, Sept. 23, 1996, 110 Stat. 2503; Pub. L. 105–85, div. 

A, title IV, Sec. 402, Nov. 18, 1997, 111 Stat. 1719; Pub. L. 105–261, div. A, title IV, Sec. 402(a), 

(b), Oct. 17, 1998, 112 Stat. 1995, 1996; Pub. L. 106–65, div. A, title IV, Sec. 402(a), title X, 

Sec. 1066(b)(1), Oct. 5, 1999, 113 Stat. 585, 772; Pub. L. 106–398, Sec. 1[[div. A], title IV, Secs. 

402(a), 403], Oct. 30, 2000, 114 Stat. 1654, 1654A–92; Pub. L. 107–107, div. A, title IV, Sec. 

402, Dec. 28, 2001, 115 Stat. 1069; Pub. L. 107–314, div. A, title IV, Sec. 402, Dec. 2, 2002, 

116 Stat. 2524; Pub. L. 108–136, div. A, title IV, Sec. 402, Nov. 24, 2003, 117 Stat. 1450; Pub. 

L. 108–375, div. A, title IV, Sec. 402, Oct. 28, 2004, 118 Stat. 1862; Pub. L. 109–163, div. A, 

title IV, Sec. 402, Jan. 6, 2006, 119 Stat. 3219; Pub. L. 109–364, div. A, title IV, Sec. 402, Oct. 

17, 2006, 120 Stat. 2169; Pub. L. 110–181, div. A, title IV, Sec. 402, Jan. 28, 2008, 122 Stat. 

86; Pub. L. 110–417, [div. A], title IV, Sec. 402, Oct. 14, 2008, 122 Stat. 4428; Pub. L. 111– 

84, div. A, title IV, Sec. 402, Oct. 28, 2009, 123 Stat. 2265; Pub. L. 111–383, div. A, title IV, 

Sec. 402, Jan. 7, 2011, 124 Stat. 4202.) 
328 

CHAPTER 40—LEAVE 

Sec. 

701. Entitlement and accumulation. 

702. Cadets and midshipmen. 

703. Reenlistment leave. 

704. Use of leave; regulations. 

705. Rest and recuperation absence: qualified members extending duty at designated locations overseas. 

705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone. 

706. Administration of leave required to be taken. 

707. Payment upon disapproval of certain court-martial sentences for excess 

leave required to be taken. 

707a. Payment upon disapproval of certain board of inquiry recommendations for 

excess leave required to be taken. 

708. Educational leave of absence. 

709. Emergency leave of absence. 

§ 701. Entitlement and accumulation 

(a) A member of an armed force is entitled to leave at the rate 

of 21⁄2 calendar days for each month of active service, excluding periods of— 

(1) absence from duty without leave; 

(2) absence over leave; 

(3) confinement as the result of a sentence of a court-martial; and 

(4) leave required to be taken under section 876a of this 

title. 

Full-time training, or other full-time duty for a period of more than 

29 days, performed under section 316, 502, 503, 504, or 505 of title 

32 by a member of the Army National Guard of the United States 

or the Air National Guard of the United States in his status as a 

member of the National Guard, and for which he is entitled to pay, 

is active service for the purposes of this section. 

(b) Except as provided in subsections (d), (f), and (g), a member 

may not accumulate more than 60 days’ leave. However, leave 

taken during a fiscal year may be charged to leave accumulated 

during that fiscal year without regard to this limitation. 

(c) A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his 

period of service after retirement. 

(d) Notwithstanding subsection (b), during the period beginning on October 1, 2008, through September 30, 2013, a member 

may accumulate up to 75 days of leave. 

(e) Leave taken before discharge is considered to be active 

service. 

(f)(1)(A) The Secretary concerned, under uniform regulations to 

be prescribed by the Secretary of Defense, may authorize a member 

described in subparagraph (B) who, except for this paragraph, 
329 § 701 CH. 40—LEAVE 

would lose at the end of the fiscal year any accumulated leave in 

excess of the number of days of leave authorized to be accumulated 

under subsection (b) or (d), to retain an accumulated total of 120 

days leave. 

(B) This subsection applies to a member who— 

(i) serves on active duty for a continuous period of at least 

120 days in an area in which the member is entitled to special 

pay under section 310(a) of title 37; 

(ii) is assigned to a deployable ship or mobile unit or to 

other duty designated for the purpose of this section; or 

(iii) on or after August 29, 2005, performs duty designated 

by the Secretary of Defense as qualifying duty for purposes of 

this subsection. 

(C) Except as provided in paragraph (2), leave in excess of the 

days of leave authorized to be accumulated under subsection (b) or 

(d) that are accumulated under this paragraph is lost unless it is 

used by the member before the end of the third fiscal year (or 

fourth fiscal year, if accumulated while subsection (d) is in effect) 

after the fiscal year in which the continuous period of service referred to in subparagraph (B) terminated. 

(2) Under the uniform regulations referred to in paragraph (1), 

a member of an armed force who serves on active duty in a duty 

assignment in support of a contingency operation during a fiscal 

year and who, except for this paragraph, would lose at the end of 

that fiscal year any accumulated leave in excess of the number of 

days of leave authorized to be accumulated under subsection (b) or 

(d), shall be permitted to retain such leave until the end of the second fiscal year after the fiscal year in which such service on active 

duty is terminated. 

(g) A member who is in a missing status, as defined in section 

551(2) of title 37, accumulates leave without regard to the limitations in subsections (b), (d), and (f). Notwithstanding the death of 

a member while in a missing status, he continues to earn leave 

through the date— 

(1) the Secretary concerned receives evidence that the 

member is dead; or 

(2) that his death is prescribed or determined under section 555 of title 37. 

Leave accumulated while in missing status shall be accounted for 

separately. It may not be taken, but shall be paid for under section 

501(h) of title 37. However, a member whose death is prescribed or 

determined under section 555 or 556 of title 37 may, in addition 

to leave accrued before entering a missing status, accrue not more 

than 150 days’ leave during the period he is in a missing status, 

unless his actual death occurs on a date when, had he lived, he 

would have accrued leave in excess of 150 days, in which event settlement will be made for the number of days accrued to the actual 

date of death. Leave so accrued in a missing status shall be accounted for separately and paid for under the provisions of section 

501 of title 37. 

(h) A member who has taken leave in excess of that authorized 

by this section and who is being discharged or released from active 

duty for the purpose of accepting an appointment or a warrant in 

an armed force, or of entering into an enlistment or an extension 
§ 702 CH. 40—LEAVE 330 

of an enlistment in an armed force, may elect to have excess leave 

of up to 30 days or the maximum number of days of leave that 

could be earned in the new term of service, whichever is less, carried over to that new term of service to count against leave that 

will accrue on the new term of service. A member shall be required, 

at the time of his discharge or release from active duty, to pay for 

excess leave not carried over under this subsection. 

(i)(1) Under regulations prescribed by the Secretary of Defense, 

a member of the armed forces adopting a child in a qualifying child 

adoption is allowed up to 21 days of leave in a calendar year to be 

used in connection with the adoption. 

(2) For the purpose of this subsection, an adoption of a child 

by a member is a qualifying child adoption if the member is eligible 

for reimbursement of qualified adoption expenses for such adoption 

under section 1052 of this title. 

(3) In the event that two members of the armed forces who are 

married to each other adopt a child in a qualifying child adoption, 

only one such member shall be allowed leave under this subsection. 

(4) Leave under paragraph (1) is in addition to other leave provided under other provisions of this section. 

(j)(1) Under regulations prescribed by the Secretary concerned, 

a married member of the armed forces on active duty whose wife 

gives birth to a child shall receive 10 days of leave to be used in 

connection with the birth of the child. 

(2) Leave under paragraph (1) is in addition to other leave authorized under this section. 

(k) A member of a reserve component who accumulates leave 

during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to 

the accumulation limits in subsections (b), (d), and (f), without regard to separation or release from active service if the separation 

or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions 

of this section. 

(Added Pub. L. 87–649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 89–151, Sec. 

3, Aug. 28, 1965, 79 Stat. 586; Pub. L. 90–245, Sec. 1, Jan. 2, 1968, 81 Stat. 782; Pub. L. 92– 

596, Sec. 1, Oct. 27, 1972, 86 Stat. 1317; Pub. L. 96–579, Sec. 10, Dec. 23, 1980, 94 Stat. 3368; 

Pub. L. 97–81, Sec. 2(a), Nov. 20, 1981, 95 Stat. 1085; Pub. L. 98–94, title X, Sec. 1031(a), Sept. 

24, 1983, 97 Stat. 671; Pub. L. 98–525, title XIV, Sec. 1405(18), Oct. 19, 1984, 98 Stat. 2622; 

Pub. L. 99–661, div. A, title V, Sec. 506(a), Nov. 14, 1986, 100 Stat. 3864; Pub. L. 102–190, div. 

A, title VI, Sec. 638, Dec. 5, 1991, 105 Stat. 1384; Pub. L. 108–136, div. A, title V, Sec. 542(a), 

Nov. 24, 2003, 117 Stat. 1478; Pub. L. 109–163, div. A, title V, Sec. 593(a), title VI, Sec. 682, 

Jan. 6, 2006, 119 Stat. 3280, 3321; Pub. L. 110–181, div. A, title V, Sec. 551(a)–(c), Jan. 28, 

2008, 122 Stat. 117; Pub. L. 110–417, [div. A], title V, Sec. 532(a), Oct. 14, 2008, 122 Stat. 4449; 

Pub. L. 111–84, div. A, title V, Sec. 504, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 111–383, div. 

A, title V, Sec. 516(a), Jan. 7, 2011, 124 Stat. 4213.) 

§ 702. Cadets and midshipmen 

(a) GRADUATION LEAVE.—Graduates of the United States Military Academy, the United States Naval Academy, the United 

States Air Force Academy, or the Coast Guard Academy who, upon 

graduation, are appointed in a component of an armed force, may, 

in the discretion of the Secretary concerned or his designated representative, be granted graduation leave of not more than 60 days. 

Leave granted under this subsection is in addition to any other 

leave and may not be deducted from or charged against other leave 

authorized by this chapter, and must be completed within three 
331 § 703 CH. 40—LEAVE 

months of the date of graduation. Leave under this subsection may 

not be carried forward as credit beyond the date of reporting to the 

first permanent duty station or to a port of embarkation for permanent duty outside the United States or in Alaska or Hawaii. 

(b) INVOLUNTARY LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY CADETS AND MIDSHIPMEN.—(1) Under regulations prescribed 

under subsection (d), the Secretary concerned may place an academy cadet or midshipman on involuntary leave for any period during which the Superintendent of the Academy at which the cadet 

or midshipman is admitted has suspended the cadet or midshipman from duty at the Academy— 

(A) pending separation from the Academy; 

(B) pending return to the Academy to repeat an academic 

semester or year; or 

(C) for other good cause. 

(2) A cadet or midshipman placed on involuntary leave under 

paragraph (1) is not entitled to any pay under section 203(c) of title 

37 for the period of the leave. 

(3) Return of an academy cadet or midshipman to a pay status 

at the Academy concerned from involuntary leave status under 

paragraph (1) does not restore any entitlement of the cadet or midshipman to pay for the period of the involuntary leave. 

(c) INAPPLICABLE LEAVE PROVISIONS.—Sections 701, 703, and 

704 of this title and subsection (a) do not apply to academy cadets 

or midshipmen or cadets or midshipmen serving elsewhere in the 

armed forces. 

(d) REGULATIONS.—The Secretary concerned, or his designated 

representative, may prescribe regulations relating to leave for cadets and midshipmen. 

(e) DEFINITION.—In this section, the term ‘‘academy cadet or 

midshipman’’ means— 

(1) a cadet of the United States Military Academy; 

(2) a midshipman of the United States Naval Academy; 

(3) a cadet of the United States Air Force Academy; or 

(4) a cadet of the United States Coast Guard Academy. 

(Added Pub. L. 87–649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 492; amended Pub. L. 96–513, title 

V, Sec. 511(20), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 103–160, div. A, title V, Sec. 532, Nov. 

30, 1993, 107 Stat. 1657; Pub. L. 105–261, div. A, title V, Sec. 562, Oct. 17, 1998, 112 Stat. 

2027; Pub. L. 106–398, Sec. 1 [[div. A], title X, Sec. 1087(a)(3)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–290.) 

§ 703. Reenlistment leave 

(a) Leave for not more than 90 days may be authorized, in the 

discretion of the Secretary concerned, or his designated representative, to a member of an armed force who reenlists. Leave authorized under this section shall be deducted from leave accrued during 

active service before reenlistment or charged against leave that 

may accrue during future active service, or both. 

(b) Under regulations prescribed by the Secretary of Defense, 

and notwithstanding subsection (a), a member who is on active 

duty in an area described in section 310(a)(2) of title 37 and who, 

by reenlistment, extension of enlistment, or other voluntary action, 

extends his required tour of duty in that area for at least six 

months may be— 
§ 704 CH. 40—LEAVE 332 

(1) authorized not more than thirty days of leave, exclusive 

of travel time, at an authorized place selected by the member; 

and 

(2) transported at the expense of the United States to and 

from that place. 

Leave under this subsection may not be charged or credited to 

leave that accrued or that may accrue under section 701 of this 

title. The provisions of this subsection shall be effective only in the 

case of members who extend their required tours of duty on or before June 30, 1973. 

(Added Pub. L. 87–649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 89–735, Nov. 

2, 1966, 80 Stat. 1163; Pub. L. 90–330, June 5, 1968, 82 Stat. 170; Pub. L. 91–302, July 2, 1970, 

84 Stat. 368; Pub. L. 92–481, Oct. 9, 1972, 86 Stat. 795.) 

§ 704. Use of leave; regulations 

(a) Under regulations prescribed by the Secretary concerned, or 

his designated representative, leave may be taken by a member on 

a calendar-day basis as vacation or absence from duty with pay, 

annually as accruing, or otherwise. 

(b) Regulations prescribed under subsection (a) shall— 

(1) provide equal treatment of officers and enlisted members; 

(2) establish to the fullest extent practicable uniform policies for the several armed forces; 

(3) provide that leave shall be taken annually as accruing 

to the extent consistent with military requirements and other 

exigencies; and 

(4) provide for the determination of the number of calendar 

days of leave to which a member is entitled, including the 

number of calendar days of absence from duty or vacation to 

be counted or charged against leave. 

(c) FACILITATING GRANTING OF LEAVE FOR ATTENDANCE AT

HEARINGS.— 

(1) REGULATIONS.—The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary 

in a case in which— 

(A) the leave is needed for the member to attend a 

hearing described in paragraph (2); 

(B) the member is not serving in or with a unit deployed in a contingency operation; and 

(C) the exigencies of military service (as determined by 

the Secretary concerned) do not otherwise require that 

such leave not be granted. 

(2) COVERED HEARINGS.—Paragraph (1) applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a 

civil action— 

(A) to determine whether a member of the armed 

forces is a natural parent of a child; or 

(B) to determine an obligation of a member of the 

armed forces to provide child support. 

(3) DEFINITIONS.—In this subsection: 
333 § 705a CH. 40—LEAVE 

(A) The term ‘‘court’’ has the meaning given that term 

in section 1408(a) of this title. 

(B) The term ‘‘child support’’ has the meaning given 

that term in section 459(i) of the Social Security Act (42 

U.S.C. 659(i)). 

(Added Pub. L. 87–649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 108–375, div. 

A, title X, Sec. 1084(k), Oct. 28, 2004, 118 Stat. 2064.) 

§ 705. Rest and recuperation absence: qualified members extending duty at designated locations overseas 

(a) Under regulations prescribed by the Secretary concerned, a 

member of an armed force who— 

(1) is entitled to basic pay; 

(2) has a specialty that is designated by the Secretary concerned for the purposes of this section; 

(3) has completed a tour of duty (as defined in accordance 

with regulations prescribed by the Secretary concerned) at a location outside the 48 contiguous States and the District of Columbia that is designated by the Secretary concerned for the 

purposes of this section; and 

(4) at the end of that tour of duty executes an agreement 

to extend that tour for a period of not less than one year; 

may, in lieu of receiving special pay under section 314 of title 37 

for duty performed during such extension of duty, elect to receive 

one of the benefits specified in subsection (b). Receipt of any such 

benefit is in addition to any other leave or transportation to which 

the member may be entitled. 

(b) The benefits authorized by subsection (a) are— 

(1) a period of rest and recuperation absence for not more 

than 30 days; or 

(2) a period of rest and recuperation absence for not more 

than 15 days for members whose qualifying tour of duty is 12 

months or less, or for not more than 20 days for members 

whose qualifying tour of duty is longer than 12 months, and 

round-trip transportation at Government expense from the location of the extended tour of duty to the nearest port in the 

48 contiguous States and return, or to an alternative destination and return at a cost not to exceed the cost of round-trip 

transportation from the location of the extended tour of duty 

to such nearest port. 

(c) The provisions of this section shall not be effective unless 

the Secretary concerned determines that the application of this section will not adversely affect combat or unit readiness. 

(Added Pub. L. 96–579, Sec. 5(b)(1), Dec. 23, 1980, 94 Stat. 3366; amended Pub. L. 107–314, 

div. A, title V, Sec. 574(a), (b)(1), (2)(A), Dec. 2, 2002, 116 Stat. 2558; Pub. L. 108–136, div. A, 

title VI, Sec. 314(b), Nov. 24, 2003, 117 Stat. 1505; Pub. L. 110–181, div. A, title V, Sec. 552, 

Jan. 28, 2008, 122 Stat. 117.) 

§ 705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone 

(a) REST AND RECUPERATION AUTHORIZED.—Under regulations 

prescribed by the Secretary of Defense, the Secretary concerned 

may provide a member of the armed forces described in subsection 

(b) the benefits described in subsection (c). 
§ 706 CH. 40—LEAVE 334 

(b) COVERED MEMBERS.—A member of the armed forces described in this subsection is any member who— 

(1) is assigned or deployed for at least 270 days in an area 

or location— 

(A) that is designated by the President as a combat 

zone; and 

(B) in which hardship duty pay is authorized to be 

paid under section 305 of title 37; and 

(2) meets such other criteria as the Secretary of Defense 

may prescribe in the regulations required by subsection (a). 

(c) BENEFITS.—The benefits described in this subsection are 

the following: 

(1) A period of rest and recuperation absence for not more 

than 15 days. 

(2) Round-trip transportation at Government expense from 

the area or location in which the member is serving in connection with the exercise of the period of rest and recuperation. 

(d) CONSTRUCTION WITH OTHER LEAVE.—Any benefits provided 

a member under this section are in addition to any other leave or 

absence to which the member may be entitled. 

(Added Pub. L. 111–383, div. A, title V, Sec. 532(a), Jan. 7, 2011, 124 Stat. 4216.) 

§ 706. Administration of leave required to be taken 

(a) A period of leave required to be taken under section 876a 

or 1182(c)(2) of this title shall be charged against any accrued leave 

to the member’s credit on the day before the day such leave begins 

unless the member elects to be paid for such accrued leave under 

subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required 

to be taken, the leave not covered by accrued leave shall be charged 

as excess leave. If the member elects to be paid for accrued leave 

under subsection (b), the total period of leave required to be taken 

shall be charged as excess leave. 

(b)(1) A member who is required to take leave under section 

876a or 1182(c)(2) of this title and who has accrued leave to his 

credit on the day before the day such leave begins may elect to be 

paid for such accrued leave. Any such payment shall be based on 

the rate of basic pay to which the member was entitled on the day 

before the day such leave began. If the member does not elect to 

be paid for such accrued leave, the member is entitled to pay and 

allowances during the period of accrued leave required to be taken. 

(2) Except as provided in paragraph (1) and in sections 707 

and 707a of this title, a member may not accrue or receive pay or 

allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title. 

(c) A member required to take leave under section 876a or 

1182(c)(2) of this title is not entitled to any right or benefit under 

chapter 43 of title 38 solely because of employment during the period of such leave. 

(Added Pub. L. 97–81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1085; amended Pub. L. 102–568, title 

V, Sec. 506(c)(5), Oct. 29, 1992, 106 Stat. 4341; Pub. L. 103–337, div. A, title X, Sec. 1070(e)(1), 

Oct. 5, 1994, 108 Stat. 2859; Pub. L. 103–353, Sec. 2(b)(3), Oct. 13, 1994, 108 Stat. 3169; Pub. 

L. 104–106, div. A, title XV, Sec. 1503(a)(7), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106–398, Sec. 
335 § 707 CH. 40—LEAVE 

1[[div. A], title X, Sec. 1087(a)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; Pub. L. 107–314, 

div. A, title V, Sec. 506(c), Dec. 2, 2002, 116 Stat. 2535.) 

§ 707. Payment upon disapproval of certain court-martial 

sentences for excess leave required to be taken 

(a) A member— 

(1) who is required to take leave under section 876a of this 

title, any period of which is charged as excess leave under section 706(a) of this title; and 

(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved 

by a Court of Criminal Appeals under section 866 of this title 

or by the United States Court of Appeals for the Armed Forces 

under section 867 of this title, 

shall be paid, as provided in subsection (b), for the period of leave 

charged as excess leave, unless a rehearing or new trial is ordered 

and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed. 

(b)(1) A member entitled to be paid under this section shall be 

deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 

876a of this title that is charged as excess leave (except any day 

of accrued leave for which the member has been paid under section 

706(b)(1) of this title and which has been charged as excess leave). 

If the pay grade of the member was reduced to a lower grade as 

a result of the court-martial sentence (including any reduction in 

pay grade under section 858a of this title) and such reduction has 

not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances 

shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence 

was approved by the convening authority. 

(2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, reduced by the total 

amount of his income from wages, salaries, tips, other personal 

service income, unemployment compensation, and public assistance 

benefits from any Government agency during the period he is 

deemed to have accrued pay and allowances. Except as provided in 

paragraph (3), such payment shall be made as follows: 

(A) Payment shall be made within 60 days from the date 

of the order setting aside or disapproving the sentence by 

court-martial to a dismissal or a dishonorable or bad-conduct 

discharge if no rehearing or new trial has been ordered. 

(B) Payment shall be made within 180 days from the date 

of the order setting aside or disapproving the sentence by 

court-martial to a dismissal or a dishonorable or bad-conduct 

discharge if a rehearing or new trial has been ordered but 

charges have not been referred to a rehearing or new trial 

within 120 days from the date of that order. 

(C) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment 
§ 707a CH. 40—LEAVE 336 

shall be made within 60 days of the date of the announcement 

of the result of such rehearing or new trial. 

(D) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is included 

in the result of such rehearing or new trial, but such dismissal 

or discharge is not later executed, payment shall be made 

within 60 days of the date of the order which set aside, disapproved, or otherwise vacated such dismissal or discharge. 

(3) If a member is entitled to be paid under this section but 

fails to provide sufficient information in a timely manner regarding 

his income when such information is requested under regulations 

prescribed under subsection (c), the periods of time prescribed in 

paragraph (2) shall be extended until 30 days after the date on 

which the member provides the information requested. 

(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. Such regulations 

may provide for the method of determining a member’s income during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income 

tax returns and other documentation to verify the amount of his income. 

(Added Pub. L. 97–81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1086; amended Pub. L. 103–337, div. 

A, title IX, Sec. 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required 

to be taken 

(a) An officer— 

(1) who is required to take leave under section 1182(c)(2) 

of this title, any period of which is charged as excess leave 

under section 706(a) of this title, and 

(2) whose recommendation for removal from active duty in 

a report of a board of inquiry is not approved by the Secretary 

concerned under section 1184 of this title, 

shall be paid, as provided in subsection (b), for the period of leave 

charged as excess leave. 

(b)(1) An officer entitled to be paid under this section shall be 

deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 

1182(c)(2) of this title that is charged as excess leave (except any 

day of accrued leave for which the officer has been paid under section 706(b)(1) of this title and which has been charged as excess 

leave). 

(2) The officer shall be paid the amount of pay and allowances 

that is deemed to have accrued to the officer under paragraph (1), 

reduced by the total amount of his income from wages, salaries, 

tips, other personal service income, unemployment compensation, 

and public assistance benefits from any Government agency during 

the period the officer is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be 

made within 60 days after the date on which the Secretary concerned decides not to remove the officer from active duty. 

(3) If an officer is entitled to be paid under this section, but 

fails to provide sufficient information in a timely manner regarding 
337 § 708 CH. 40—LEAVE 

the officer’s income when such information is requested under regulations prescribed under subsection (c), the period of time prescribed in paragraph (2) shall be extended until 30 days after the 

date on which the member provides the information requested. 

(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. The regulations may 

provide for the method of determining an officer’s income during 

any period the officer is deemed to have accrued pay and allowances, including a requirement that the officer provide income tax 

returns and other documentation to verify the amount of the officer’s income. 

(Added Pub. L. 107–314, div. A, title V, Sec. 506(b), Dec. 2, 2002, 116 Stat. 2535.) 

§ 708. Educational leave of absence 

(a) Under such regulations as the Secretary of Defense may 

prescribe after consultation with the Secretary of Homeland Security and subject to subsection (b), the Secretary concerned may 

grant to any eligible member (as defined in subsection (e)) a leave 

of absence for the purpose of permitting the member to pursue a 

program of education. The period of a leave of absence granted 

under this section may not exceed two years, except that the period 

may exceed two years but may not exceed three years in the case 

of an eligible member pursuing a program of education in a health 

care profession. 

(b)(1) A member may not be granted a leave of absence under 

this section unless— 

(A) in the case of an enlisted member, the member agrees 

in writing to extend his current enlistment after completion (or 

other termination) of the program of education for which the 

leave of absence was granted for a period of two months for 

each month of the period of the leave of absence; and 

(B) in the case of an officer, the member agrees to serve 

on active duty after completion (or other termination) of the 

program of education for which the leave of absence was granted for a period (in addition to any other period of obligated 

service on active duty) of two months for each month of the period of the leave of absence. 

(2) A member may not be granted a leave of absence under this 

section until he has completed any extension of enlistment or reenlistment, or any period of obligated service, incurred by reason of 

any previous leave of absence granted under this section. 

(c)(1) While on a leave of absence under this section, a member 

shall be paid basic pay but may not receive basic allowance for 

housing under section 403 of title 37, basic allowance for subsistence under section 402 of such title, or any other pay and allowances to which he would otherwise be entitled for such period. 

(2) A period during which a member is on a leave of absence 

under this section shall be counted for the purposes of computing 

the amount of the member’s basic pay, for the purpose of determining the member’s eligibility for retired pay, and for the purpose 

of determining the member’s time in grade for promotion purposes, 

but may not be counted for the purposes of completion of the term 

of enlistment of the member (in the case of an enlisted member) 
§ 709 CH. 40—LEAVE 338 

or for purposes of section 3021 of title 38, relating to entitlement 

to supplemental educational assistance. 

(d)(1) In time of war, or of national emergency declared by the 

President or the Congress after October 19, 1984, the Secretary 

concerned may cancel any leave of absence granted under this section. 

(2) The Secretary concerned may cancel a leave of absence 

granted to a member under this section if the Secretary determines 

that the member is not satisfactorily pursuing the program of education for which the leave was granted. 

(e) In this section, the term ‘‘eligible member’’ means a member 

of the armed forces on active duty who is eligible for basic educational assistance under chapter 30 of title 38 and who— 

(1) in the case of an enlisted member, has completed at 

least one term of enlistment and has reenlisted; and 

(2) in the case of an officer, has completed the officer’s initial period of obligated service on active duty. 

(Added Pub. L. 98–525, title VII, Sec. 707(a)(1), Oct. 19, 1984, 98 Stat. 2571; amended Pub. L. 

100–26, Sec. 7(i)(2), (k)(3), Apr. 21, 1987, 101 Stat. 282, 284; Pub. L. 103–337, div. A, title X, 

Sec. 1070(e)(2), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 105–85, div. A, title VI, Sec. 603(d)(2)(A), 

Nov. 18, 1997, 111 Stat. 1782; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 

Stat. 2314; Pub. L. 108–375, div. A, title V, Sec. 554, Oct. 28, 2004, 118 Stat. 1913; Pub. L. 

109–364, div. A, title X, Sec. 1071(g)(3), Oct. 17, 2006, 120 Stat. 2402.) 

§ 709. Emergency leave of absence 

(a) EMERGENCY LEAVE OF ABSENCE.—The Secretary concerned 

may grant a member of the armed forces emergency leave of absence for a qualifying emergency. 

(b) LIMITATIONS.—An emergency leave of absence under this 

section— 

(1) may be granted only once for any member; 

(2) may be granted only to prevent the member from entering unearned leave status or excess leave status; and 

(3) may not extend for a period of more than 14 days. 

(c) QUALIFYING EMERGENCY.—In this section, the term ‘‘qualifying emergency’’, with respect to a member of the armed forces, 

means a circumstance that— 

(1) is due to— 

(A) a medical condition of a member of the immediate 

family of the member; or 

(B) any other hardship that the Secretary concerned 

determines appropriate for purposes of this section; and 

(2) is verified to the Secretary’s satisfaction based upon information or opinion from a source in addition to the member 

that the Secretary considers to be objective and reliable. 

(d) MILITARY DEPARTMENT REGULATIONS.—Regulations prescribed under this section by the Secretaries of the military department shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘unearned leave status’’ means leave approved to be used by a member of the armed forces that exceeds the amount of leave credit that has been accrued as a result of the member’s active service and that has not been previously used by the member. 
339 § 709 CH. 40—LEAVE 

(2) The term ‘‘excess leave status’’ means leave approved 

to be used by a member of the armed forces that is unearned 

leave for which a member is unable to accrue leave credit during the member’s current term of service before the member’s 

separation. 

(Added Pub. L. 107–314, div. A, title V, Sec. 572(a), Dec. 2, 2002, 116 Stat. 2557.) 
340 

CHAPTER 41—SPECIAL APPOINTMENTS, ASSIGNMENTS, 

DETAILS, AND DUTIES 

Sec. 

711. Senior members of Military Staff Committee of United Nations: appointment. 

711a. American National Red Cross: detail of commissioned officers. 

712. Foreign governments: detail to assist. 

713. State Department: assignment or detail as couriers and building inspectors. 

[714. Repealed.] 

[715. Repealed.] 

716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. 

717. Members of the armed forces: participation in international sports. 

[718. Repealed.] 

719. Department of Commerce: assignment or detail of members of the armed 

forces to National Oceanic and Atmospheric Administration. 

720. Chief of Staff to President: appointment. 

[721. Repealed.] 

722. Attending Physician to the Congress: grade. 

§ 711. Senior members of Military Staff Committee of United 

Nations: appointment 

The President, by and with the advice and consent of the Senate, may appoint an officer of the Army, an officer of the Navy or 

the Marine Corps, and an officer of the Air Force, as senior members of the Military Staff Committee of the United Nations. An officer so appointed has the grade of lieutenant general or vice admiral, as the case may be, while serving under that appointment. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 32.) 

§ 711a. American National Red Cross: detail of commissioned officers 

Commissioned officers of the Army, Navy, and Air Force may 

be detailed for duty with the American National Red Cross, by the 

Secretary of the military department concerned, as follows: 

(1) for duty with the Service to the Armed Forces Division— 

(A) one or more officers of the Army Medical Department; 

(B) one or more officers of the Medical Department of 

the Navy; and 

(C) one or more officers selected from among medical 

officers, dental officers, veterinary officers, medical service 

officers, nurses, and medical specialists of the Air Force; 

and 

(2) to be in charge of the first-aid department— 

(A) an officer of the Medical Corps of the Army; 

(B) an officer of the Medical Corps of the Navy; or 

(C) a medical officer of the Air Force. 
341 § 716 CH. 41—SPECIAL APPTS, ASSGNMTS, DETAILS, & DUTIES 

(Added Pub. L. 90–235, Sec. 4(a)(1)(A), Jan. 2, 1968, 81 Stat. 759; amended Pub. L. 90–329, 

June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title V, Sec. 511(21), Dec. 12, 1980, 94 Stat. 2921.) 

§ 712. Foreign governments: detail to assist 

(a) Upon the application of the country concerned, the President, whenever he considers it in the public interest, may detail 

members of the Army, Navy, Air Force, and Marine Corps to assist 

in military matters— 

(1) any republic in North America, Central America, or 

South America; 

(2) the Republic of Cuba, Haiti, or Santo Domingo; and 

(3) during a war or a declared national emergency, any 

other country that he considers it advisable to assist in the interest of national defense. 

(b) Subject to the prior approval of the Secretary of the military department concerned, a member detailed under this section 

may accept any office from the country to which he is detailed. He 

is entitled to credit for all service while so detailed, as if serving 

with the armed forces of the United States. Arrangements may be 

made by the President, with countries to which such members are 

detailed to perform functions under this section, for reimbursement 

to the United States or other sharing of the cost of performing such 

functions. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 32; Pub. L. 85–477, ch. V, Sec. 502(k), June 30, 1958, 72 

Stat. 275.) 

§ 713. State Department: assignment or detail as couriers 

and building inspectors 

(a) Upon the request of the Secretary of State, the Secretary 

of a military department may assign or detail members of the 

armed forces under his jurisdiction for duty— 

(1) as inspectors of buildings owned or occupied abroad by 

the United States; 

(2) as inspectors or supervisors of buildings under construction or repair abroad by or for the United States; and 

(3) as couriers of the Department of State. 

(b) The Secretary concerned may assign or detail a member for 

duty under subsection (a) with or without reimbursement from the 

Department of State. However, a member so assigned or detailed 

may be paid the traveling expenses authorized for officers of the 

Foreign Service of the United States. These expenses shall be paid 

from appropriations of the Department of State. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 33.) 

[§ 714. Repealed. Pub. L. 108–136, div. A, title V, Sec. 503(a), 

Nov. 24, 2003, 117 Stat. 1456] 

[§ 715. Repealed. Pub. L. 103–337, div. A, title XVI, Sec. 

1662(g)(2), Oct. 5, 1994, 108 Stat. 2996] 

§ 716. Commissioned officers: transfers among the armed 

forces, the National Oceanic and Atmospheric Administration, and the Public Health Service 

(a) Notwithstanding any other provision of law, the President, 

within authorized strengths and with the consent of the officer in-
§ 717 CH. 41—SPECIAL APPTS, ASSGNMTS, DETAILS, & DUTIES 342 

volved, may transfer any commissioned officer of a uniformed service from his uniformed service to, and appoint him in, another uniformed service. The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of 

Health and Human Services shall jointly establish, by regulations 

approved by the President, policies and procedures for such transfers and appointments. 

(b) An officer transferred under this section may not be assigned precedence or relative rank higher than that which he held 

on the day before the transfer. 

(Added Pub. L. 85–599, Sec. 11(2), Aug. 6, 1958, 72 Stat. 521; amended Pub. L. 91–392, Sec. 

1, Sept. 1, 1970, 84 Stat. 834; Pub. L. 96–215, Sec. 2(a), Mar. 25, 1980, 94 Stat. 123; Pub. L. 

97–295, Sec. 1(10), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–94, title X, Sec. 1007(a)(1), Sept. 

24, 1983, 97 Stat. 661; Pub. L. 99–348, title III, Sec. 304(a)(1), July 1, 1986, 100 Stat. 703; Pub. 

L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 717. Members of the armed forces: participation in international sports 

(a) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as 

a service in the Navy, may permit members of the armed forces 

under his jurisdiction to train for, attend, and participate in any 

of the following sports competitions: 

(1) The Pan-American Games and the Olympic Games, and 

qualifying events and preparatory competition for those games. 

(2) The Paralympic Games, if eligible to participate in 

those games, and qualifying events and preparatory competition for those games. 

(3) Any other international competition in amateur sports, 

if the Secretary of State determines that the interests of the 

United States will be served by participation in that competition, and qualifying events and preparatory competition for 

that competition. 

(b) Subject to subsections (c) and (d), the Secretary of Defense 

or the Secretary of Homeland Security, as the case may be, may 

spend such funds, and acquire and use such supplies, as he determines to be necessary to provide for— 

(1) the training of members of the armed forces for the 

competitions covered by subsection (a); 

(2) their attendance at and participation in those competitions; and 

(3) the training of animals of the armed forces for, and 

their attendance at and participation in, those competitions. 

(c)(1) Not more than $3,000,000, to be apportioned among the 

military departments as the Secretary of Defense prescribes, may 

be spent during each successive four-year period beginning on October 1, 1980, for the participation of members of the Army, Navy, 

Air Force, and Marine Corps in the competitions covered by subsection (a). 

(2) Not more than $100,000 may be spent during each successive four-year period beginning on October 1, 1980, for the participation of members of the Coast Guard in the competitions covered 

by subsection (a). 
343 § 722 CH. 41—SPECIAL APPTS, ASSGNMTS, DETAILS, & DUTIES 

(d) Appropriations available to the Department of Defense or 

to the Department of Homeland Security, as the case may be, may 

be used to carry out this section. 

(Added Pub. L. 85–861, Sec. 1(17), Sept. 2, 1958, 72 Stat. 1442, Sec. 716; renumbered Sec. 717, 

Pub. L. 87–651, title I, Sec. 103(a), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 89–348, Sec. 

1(12), Nov. 8, 1965, 79 Stat. 1311; Pub. L. 89–718, Sec. 7, Nov. 2, 1966, 80 Stat. 1117; Pub. 

L. 96–513, title V, Sec. 511(22), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 98–525, title XV, Sec. 1534, 

Oct. 19, 1984, 98 Stat. 2632; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 

Stat. 2314; Pub. L. 109–163, div. A, title V, Sec. 561, Jan. 6, 2006, 119 Stat. 3266.) 

[§ 718. Repealed. Pub. L. 99–433, title I, Sec. 110(a)(1), Oct. 1, 

1986, 100 Stat. 1001] 

§ 719. Department of Commerce: assignment or detail of 

members of the armed forces to National Oceanic 

and Atmospheric Administration 

Upon the request of the Secretary of Commerce, the Secretary 

of a military department may assign or detail members of the 

armed forces under his jurisdiction for duty in the National Oceanic and Atmospheric Administration, Department of Commerce, 

with reimbursement from the Department of Commerce. Notwithstanding any other provision of law, a member so assigned or detailed may exercise the functions, and assume the title, of any position in that Administration without affecting his status as a member of an armed force, but he is not entitled to the compensation 

fixed for that position. 

(Added Pub. L. 89–683, Sec. 1(1), Oct. 15, 1966, 80 Stat. 960; amended Pub. L. 96–513, title 

I, Sec. 511(23)(A), (B), Dec. 12, 1980, 94 Stat. 2921.) 

§ 720. Chief of Staff to President: appointment 

The President, by and with the advice and consent of the Senate, may appoint a general officer of the Army, Air Force, or Marine Corps or a flag officer of the Navy as the Chief of Staff to the 

President and may designate such position as a position of importance and responsibility under section 601 of this title. 

(Added Pub. L. 96–513, title V, Sec. 501(9)(A), Dec. 12, 1980, 94 Stat. 2907.) 

[§ 721. Repealed. Pub. L. 111–84, div. A, title V, Sec. 502(i)(1), 

Oct. 28, 2009, 123 Stat. 2276] 

§ 722. Attending Physician to the Congress: grade 

A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral. 

(Added Pub. L. 109–364, div. A, title V, Sec. 507(a)(1)(A), Oct. 17, 2006, 120 Stat. 2180.) 
344 

CHAPTER 43—RANK AND COMMAND 

Sec. 

741. Rank: commissioned officers of the armed forces. 

742. Rank: warrant officers. 

743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff 

of the Air Force; Commandant of the Marine Corps. 

744. Physician to White House: assignment; grade. 

[745. Repealed.] 

747. Command: when different commands of Army, Navy, Air Force, Marine 

Corps, and Coast Guard join. 

749. Command: commissioned officers in same grade or corresponding grades on 

duty at same place. 

750. Command: retired officers. 

§ 741. Rank: commissioned officers of the armed forces 

(a) Among the grades listed below, the grades of general and 

admiral are equivalent and are senior to other grades and the 

grades of second lieutenant and ensign are equivalent and are junior to other grades. Intermediate grades rank in the order listed as 

follows: 

Army, Air Force, and Marine Corps Navy and Coast Guard 

General ............................................................................... Admiral. 

Lieutenant general ............................................................ Vice admiral. 

Major general ..................................................................... Rear admiral. 

Brigadier general ............................................................... Rear admiral (lower half). 

Colonel ................................................................................ Captain. 

Lieutenant colonel ............................................................. Commander. 

Major .................................................................................. Lieutenant commander. 

Captain ............................................................................... Lieutenant. 

First lieutenant .................................................................. Lieutenant (junior grade). 

Second lieutenant .............................................................. Ensign. 

(b) Rank among officers of the same grade or of equivalent 

grades is determined by comparing dates of rank. An officer whose 

date of rank is earlier than the date of rank of another officer of 

the same or equivalent grade is senior to that officer. 

(c) Rank among officers of the Army, Navy, Air Force, and Marine Corps of the same grade or of equivalent grades who have the 

same date of rank is determined by regulations prescribed by the 

Secretary of Defense which shall apply uniformly among the Army, 

Navy, Air Force, and Marine Corps. 

(d)(1) The date of rank of an officer of the Army, Navy, Air 

Force, or Marine Corps who holds a grade as the result of an original appointment shall be determined by the Secretary of the military department concerned at the time of such appointment. The 

date of rank of an officer of the Army, Navy, Air Force, or Marine 

Corps who holds a grade as the result of an original appointment 

and who at the time of such appointment was awarded service 

credit for prior commissioned service or constructive credit for advanced education or training, or special experience shall be deter-
345 § 741 CH. 43—RANK AND COMMAND 

mined so as to reflect such prior commissioned service or constructive service. Determinations by the Secretary concerned under this 

paragraph shall be made under regulations prescribed by the Secretary of Defense which shall apply uniformly among the Army, 

Navy, Air Force, and Marine Corps. 

(2) Except as otherwise provided by law, the date of rank of an 

officer who holds a grade as the result of a promotion is the date 

of his appointment to that grade. 

(3) Under regulations prescribed by the Secretary of Defense, 

which shall apply uniformly among the Army, Navy, Air Force, and 

Marine Corps, the date of rank of a reserve commissioned officer 

(other than a warrant officer) of the Army, Navy, Air Force, or Marine Corps who is to be placed on the active-duty list and who has 

not been on continuous active duty since his original appointment 

as a reserve commissioned officer in a grade above chief warrant 

officer, W–5, or who is transferred from an inactive status to an active status and placed on the active-duty list or the reserve activestatus list may, effective on the date on which he is placed on the 

active-duty list or reserve active-status list, be changed by the Secretary concerned to a later date to reflect such officer’s qualifications and experience. The authority to change the date of rank of 

a reserve officer who is placed on the active-duty list to a later date 

does not apply in the case of an officer who (A) has served continuously in the Selected Reserve of the Ready Reserve since the officer’s last promotion, or (B) is placed on the active-duty list while 

on a promotion list as described in section 14317(b) of this title. 

(4)(A) The Secretary concerned may adjust the date of rank of 

an officer appointed under section 624(a) of this title to a higher 

grade that is not a general officer or flag officer grade if the appointment of that officer to that grade is delayed from the date on 

which (as determined by the Secretary) it would otherwise have 

been made by reason of unusual circumstances (as determined by 

the Secretary) that cause an unintended delay in— 

(i) the processing or approval of the report of the selection 

board recommending the appointment of that officer to that 

grade; or 

(ii) the processing or approval of the promotion list established on the basis of that report. 

(B) The adjusted date of rank applicable to the grade of an officer under subparagraph (A) shall be consistent— 

(i) with the officer’s position on the promotion list for that 

grade and competitive category when additional officers in that 

grade and competitive category were needed; and 

(ii) with compliance with the applicable authorized 

strengths for officers in that grade and competitive category. 

(C) The adjusted date of rank applicable to the grade of an officer under subparagraph (A) shall be the effective date for— 

(i) the officer’s pay and allowances for that grade; and 

(ii) the officer’s position on the active-duty list. 

(D) When under subparagraph (A) the Secretary concerned adjusts the date of rank of an officer in a grade to which the officer 

was appointed by and with the advice and consent of the Senate 

and the adjustment is to a date before the date of the advice and 

consent of the Senate to that appointment, the Secretary shall 
§ 742 CH. 43—RANK AND COMMAND 346 

promptly transmit to the Committee on Armed Services of the Senate a notification of that adjustment. Any such notification shall include the name of the officer and a discussion of the reasons for 

the adjustment of date of rank. 

(E) Any adjustment in date of rank under this paragraph shall 

be made under regulations prescribed by the Secretary of Defense, 

which shall apply uniformly among the Army, Navy, Air Force, and 

Marine Corps. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 33; Dec. 12, 1980, Pub. L. 96–513, title I, Sec. 107, 94 Stat. 

2869; July 10, 1981, Pub. L. 97–22, Sec. 4(h), 95 Stat. 127; Dec. 1, 1981, Pub. L. 97–86, title 

IV, Sec. 405(b)(8), 95 Stat. 1106; Oct. 12, 1982, Pub. L. 97–295, Sec. 1(11), 96 Stat. 1289; Oct. 

30, 1984, Pub. L. 98–557, Sec. 25(c), 98 Stat. 2873; Nov. 8, 1985, Pub. L. 99–145, title V, Sec. 

514(b)(8), 99 Stat. 629; Dec. 5, 1991, Pub. L. 102–190, div. A, title XI, Sec. 1131(1)(A), 105 Stat. 

1505; Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, Sec. 1626, 108 Stat. 2962; Feb. 10, 1996, 

Pub. L. 104–106, div. A, title XV, Sec. 1501(a)(3), 110 Stat. 495; Pub. L. 107–107, div. A, title 

V, Sec. 506(a), Dec. 28, 2001, 115 Stat. 1089.) 

§ 742. Rank: warrant officers 

(a) Among warrant officer grades, warrant officer grades of a 

higher numerical designation are senior to warrant officer grades 

of a lower numerical designation. 

(b) Rank among warrant officers of the same grade, and date 

of rank of warrant officers, is determined in the same manner as 

prescribed in section 741 of this title for officers in grades above 

warrant officer grades. 

(Added Pub. L. 102–190, div. A, title XI, Sec. 1114(a), Dec. 5, 1991, 105 Stat. 1502.) 

§ 743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant 

of the Marine Corps 

The Chief of Staff of the Army, the Chief of Naval Operations, 

the Chief of Staff of the Air Force, and the Commandant of the Marine Corps rank among themselves according to dates of appointment to those offices, and rank above all other officers on the active-duty list of the Army, Navy, Air Force, and Marine Corps, except the Chairman and the Vice Chairman of the Joint Chiefs of 

Staff. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 34; Pub. L. 96–513, title I, Sec. 501(11), Dec. 12, 1980, 94 

Stat. 2908; Pub. L. 99–433, title II, Sec. 202(b), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100–180, 

div. A, title XIII, Sec. 1314(a)(2), (b)(5)(A), Dec. 4, 1987, 101 Stat. 1175.) 

§ 744. Physician to White House: assignment; grade 

An officer of the Medical Corps of the Army, or a medical officer of the Air Force, who is below the grade of colonel and who is 

assigned to duty as physician to the White House has the rank, 

pay, and allowances of colonel while so serving. An officer of the 

Medical Corps of the Navy who is below the grade of captain and 

who is assigned to that duty has the rank, pay, and allowances of 

captain while so serving. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 34.) 
347 § 750 CH. 43—RANK AND COMMAND 

[§ 745. Repealed. Pub. L. 102–190, div. A, title XI, Sec. 

1114(b), Dec. 5, 1991, 105 Stat. 1502] 

§ 747. Command: when different commands of Army, Navy, 

Air Force, Marine Corps, and Coast Guard join 

When different commands of the Army, Navy, Air Force, Marine Corps, and Coast Guard join or serve together, the officer 

highest in rank in the Army, Navy, Air Force, Marine Corps, or 

Coast Guard on duty there, who is otherwise eligible to command, 

commands all those forces unless otherwise directed by the President. 

(Added Pub. L. 90–235, Sec. 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760.) 

§ 749. Command: commissioned officers in same grade or 

corresponding grades on duty at same place 

(a) When the Army, Navy, Air Force, Marine Corps, or Coast 

Guard, as the case may be, has on duty in the same area, field 

command, or organization two or more commissioned officers of the 

same grade who are otherwise eligible to command, the President 

may assign the command without regard to rank in that grade. 

(b) When officers of the Army, Navy, Air Force, Marine Corps, 

or Coast Guard are on duty in the same area, field, command, or 

organization and two or more commissioned officers of different 

services, who are otherwise eligible to command, have the same 

grade or corresponding grades, the President may assign the command without regard to rank in that grade. 

(Added Pub. L. 90–235, Sec. 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760.) 

§ 750. Command: retired officers 

A retired officer has no right to command except when on active duty. 

(Added Pub. L. 96–513, title I, Sec. 108, Dec. 12, 1980, 94 Stat. 2870.) 
348 

CHAPTER 45—THE UNIFORM 

Sec. 

771. Unauthorized wearing prohibited. 

771a. Disposition on discharge. 

772. When wearing by persons not on active duty authorized. 

773. When distinctive insignia required. 

774. Religious apparel: wearing while in uniform. 

775. Issue of uniform without charge. 

776. Applicability of chapter. 

777. Wearing of insignia of higher grade before promotion (frocking): authority; 

restrictions. 

777a. Wearing of insignia of higher grade before appointment to a grade above 

major general or rear admiral (frocking): authority; restrictions. 

§ 771. Unauthorized wearing prohibited 

Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, or Marine Corps, as the case may 

be, may wear— 

(1) the uniform, or a distinctive part of the uniform, of the 

Army, Navy, Air Force, or Marine Corps; or 

(2) a uniform any part of which is similar to a distinctive 

part of the uniform of the Army, Navy, Air Force, or Marine 

Corps. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 34.) 

§ 771a. Disposition on discharge 

(a) Except as provided in subsections (b) and (c), when an enlisted member of an armed force is discharged, the exterior articles 

of uniform in his possession that were issued to him, other than 

those that he may wear from the place of discharge to his home 

under section 772(d) of this title, shall be retained for military use. 

(b) When an enlisted member of an armed force is discharged 

for bad conduct, undesirability, unsuitability, inaptitude, or otherwise than honorably— 

(1) the exterior articles of uniform in his possession shall 

be retained for military use; 

(2) under such regulations as the Secretary concerned prescribes, a suit of civilian clothing and an overcoat when necessary, both to cost not more than $30, may be issued to him; 

and 

(3) if he would be otherwise without funds to meet his immediate needs, he may be paid an amount, fixed by the Secretary concerned, of not more than $25. 

(c) When an enlisted member of the Army National Guard or 

the Air National Guard who has been called into Federal service 

is released from that service, the exterior articles of uniform in his 

possession shall be accounted for as property issued to the Army 

National Guard or the Air National Guard, as the case may be, of 

the State or territory, Puerto Rico, or the District of Columbia of 
349 § 773 CH. 45—THE UNIFORM 

whose Army National Guard or Air National Guard he is a member, as prescribed in section 708 of title 32. 

(Added Pub. L. 90–235, Sec. 8(1)(A), Jan. 2, 1968, 81 Stat. 763; amended Pub. L. 100–456, div. 

A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.) 

§ 772. When wearing by persons not on active duty authorized 

(a) A member of the Army National Guard or the Air National 

Guard may wear the uniform prescribed for the Army National 

Guard or the Air National Guard, as the case may be. 

(b) A member of the Naval Militia may wear the uniform prescribed for the Naval Militia. 

(c) A retired officer of the Army, Navy, Air Force, or Marine 

Corps may bear the title and wear the uniform of his retired grade. 

(d) A person who is discharged honorably or under honorable 

conditions from the Army, Navy, Air Force, or Marine Corps may 

wear his uniform while going from the place of discharge to his 

home, within three months after his discharge. 

(e) A person not on active duty who served honorably in time 

of war in the Army, Navy, Air Force, or Marine Corps may bear 

the title, and, when authorized by regulations prescribed by the 

President, wear the uniform, of the highest grade held by him during that war. 

(f) While portraying a member of the Army, Navy, Air Force, 

or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does 

not tend to discredit that armed force. 

(g) An officer or resident of a veterans’ home administered by 

the Department of Veterans Affairs may wear such uniform as the 

Secretary of the military department concerned may prescribe. 

(h) While attending a course of military instruction conducted 

by the Army, Navy, Air Force, or Marine Corps, a civilian may 

wear the uniform prescribed by that armed force if the wear of 

such uniform is specifically authorized under regulations prescribed by the Secretary of the military department concerned. 

(i) Under such regulations as the Secretary of the Air Force 

may prescribe, a citizen of a foreign country who graduates from 

an Air Force school may wear the appropriate aviation badges of 

the Air Force. 

(j) A person in any of the following categories may wear the 

uniform prescribed for that category: 

(1) Members of the Boy Scouts of America. 

(2) Members of any other organization designated by the 

Secretary of a military department. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Nov. 8, 1985, Pub. L. 99–145, title XIII, Sec. 1301(a)(1), 

99 Stat. 735; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), 103 Stat. 1602; 

Sept. 23, 1996, Pub. L. 104–201, div. A, title V, Sec. 551(b), 110 Stat. 2525.) 

§ 773. When distinctive insignia required 

(a) A person for whom one of the following uniforms is prescribed may wear it, if it includes distinctive insignia prescribed by 

the Secretary of the military department concerned to distinguish 

it from the uniform of the Army, Navy, Air Force, or Marine Corps, 

as the case may be: 
§ 774 CH. 45—THE UNIFORM 350 

(1) The uniform prescribed by the university, college, or 

school for an instructor or member of the organized cadet corps 

of— 

(A) a State university or college, or a public high 

school, having a regular course of military instruction; or 

(B) an educational institution having a regular course 

of military instruction, and having a member of the Army, 

Navy, Air Force, or Marine Corps as instructor in military 

science and tactics. 

(2) The uniform prescribed by a military society composed 

of persons discharged honorably or under honorable conditions 

from the Army, Navy, Air Force, or Marine Corps to be worn 

by a member of that society when authorized by regulations 

prescribed by the President. 

(b) A uniform prescribed under subsection (a) may not include 

insignia of grade the same as, or similar to, those prescribed for officers of the Army, Navy, Air Force, or Marine Corps. 

(c) Under such regulations as the Secretary of the military department concerned may prescribe, any person who is permitted to 

attend a course of instruction prescribed for members of a reserve 

officers’ training corps, and who is not a member of that corps, 

may, while attending that course of instruction, wear the uniform 

of that corps. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 85–355, Mar. 28, 1958, 72 Stat. 66.) 

§ 774. Religious apparel: wearing while in uniform 

(a) GENERAL RULE.—Except as provided under subsection (b), 

a member of the armed forces may wear an item of religious apparel while wearing the uniform of the member’s armed force. 

(b) EXCEPTIONS.—The Secretary concerned may prohibit the 

wearing of an item of religious apparel— 

(1) in circumstances with respect to which the Secretary 

determines that the wearing of the item would interfere with 

the performance of the member’s military duties; or 

(2) if the Secretary determines, under regulations under 

subsection (c), that the item of apparel is not neat and conservative. 

(c) REGULATIONS.—The Secretary concerned shall prescribe 

regulations concerning the wearing of religious apparel by members of the armed forces under the Secretary’s jurisdiction while 

the members are wearing the uniform. Such regulations shall be 

consistent with subsections (a) and (b). 

(d) RELIGIOUS APPAREL DEFINED.—In this section, the term 

‘‘religious apparel’’ means apparel the wearing of which is part of 

the observance of the religious faith practiced by the member. 

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

§ 775. Issue of uniform without charge 

(a) ISSUE OF UNIFORM.—The Secretary concerned may issue a 

uniform, without charge, to any of the following members: 

(1) A member who is being repatriated after being held as 

a prisoner of war. 
351 § 777 CH. 45—THE UNIFORM 

(2) A member who is being treated at or released from a 

medical treatment facility as a consequence of being wounded 

or injured during military hostilities. 

(3) A member who, as a result of the member’s duties, has 

unique uniform requirements. 

(4) Any other member, if the Secretary concerned determines, under exceptional circumstances, that the issue of the 

uniform to that member would significantly benefit the morale 

and welfare of the member and be advantageous to the armed 

force concerned. 

(b) RETENTION OF UNIFORM AS A PERSONAL ITEM.—Notwithstanding section 771a of this title, a uniform issued to a member 

under this section may be retained by the member as a personal 

item. 

(Added Pub. L. 102–484, div. A, title III, Sec. 377(a)(2), Oct. 23, 1992, 106 Stat. 2386.) 

§ 776. Applicability of chapter 

This chapter applies in— 

(1) the United States; 

(2) the territories, commonwealths, and possessions of the 

United States; and 

(3) all other places under the jurisdiction of the United 

States. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 36, Sec. 774; Pub. L. 99–661, div. A, title XIII, Sec. 

1343(a)(1), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, Sec. 3(6), Apr. 21, 1987, 101 Stat. 

273; renumbered Sec. 775, Pub. L. 100–180, div. A, title V, Sec. 508(a)(1), Dec. 4, 1987, 101 Stat. 

1086; renumbered Sec. 776, Pub. L. 102–484, div. A, title III, Sec. 377(a)(1), Oct. 23, 1992, 106 

Stat. 2386.) 

§ 777. Wearing of insignia of higher grade before promotion 

(frocking): authority; restrictions 

(a) AUTHORITY.—An officer in a grade below the grade of major 

general or, in the case of the Navy, rear admiral, who has been selected for promotion to the next higher grade may be authorized, 

under regulations and policies of the Department of Defense and 

subject to subsection (b), to wear the insignia for that next higher 

grade. An officer who is so authorized to wear the insignia of the 

next higher grade is said to be ‘‘frocked’’ to that grade. 

(b) RESTRICTIONS.—An officer may not be authorized to wear 

the insignia for a grade as described in subsection (a) unless— 

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

(2) the officer is serving in, or has received orders to serve 

in, a position for which that grade is authorized; and 

(3) in the case of an officer selected for promotion to a 

grade above colonel or, in the case of an officer of the Navy, 

a grade above captain— 

(A) authority for that officer to wear the insignia of 

that grade has been approved by the Secretary of Defense 

(or a civilian officer within the Office of the Secretary of 

Defense whose appointment was made with the advice and 

consent of the Senate and to whom the Secretary delegates 

such approval authority); and 
§ 777a CH. 45—THE UNIFORM 352 

(B) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the 

officer to wear the insignia for that grade. 

(c) BENEFITS NOT TO BE CONSTRUED AS ACCRUING.—(1) Authority provided to an officer as described in subsection (a) to wear 

the insignia of the next higher grade may not be construed as conferring authority for that officer to— 

(A) be paid the rate of pay provided for an officer in that 

grade having the same number of years of service as that officer; or 

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

(2) The period for which an officer wears the insignia of the 

next higher grade under such authority may not be taken into account for any of the following purposes: 

(A) Seniority in that grade. 

(B) Time of service in that grade. 

(d) LIMITATION ON NUMBER OF OFFICERS FROCKED TO SPECIFIED GRADES.—(1) The total number of colonels, Navy captains, 

brigadier generals, and rear admirals (lower half) on the activeduty list who are authorized as described in subsection (a) to wear 

the insignia for the next higher grade may not exceed 85. 

(2) The number of officers of an armed force on the active-duty 

list who are authorized as described in subsection (a) to wear the 

insignia for a grade to which a limitation on total number applies 

under section 523(a) of this title for a fiscal year may not exceed 

1 percent, or, for the grades of colonel and Navy captain, 2 percent, 

of the total number provided for the officers in that grade in that 

armed force in the administration of the limitation under that section for that fiscal year. 

(Added Pub. 104–106, div. A, title V, Sec. 503(a)(1), Feb. 10, 1996, 110 Stat. 294; amended Pub. 

L. 105–85, div. A, title V, Sec. 505, Nov. 18, 1997, 111 Stat. 1726; Pub. L. 106–65, div. A, title 

V, Sec. 502, Oct. 5, 1999, 113 Stat. 590; Pub. L. 108–136, div. A, title V, Sec. 509(a), Nov. 24, 

2003, 117 Stat. 1458; Pub. L. 108–375, div. A, title V, Sec. 503, Oct. 28, 2004, 118 Stat. 1875; 

Pub. L. 109–163, div. A, title V, Secs. 503(c), 504, Jan. 6, 2006, 119 Stat. 3226; Pub. L. 111– 

383, div. A, title V, Sec. 505(b), Jan. 7, 2011, 124 Stat. 4210.) 

§ 777a. Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions 

(a) AUTHORITY.—An officer serving in a grade below the grade 

of lieutenant general or, in the case of the Navy, vice admiral, who 

has been selected for appointment to the grade of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, 

and an officer serving in the grade of lieutenant general or vice admiral who has been selected for appointment to the grade of general or admiral, may be authorized, under regulations and policies 

of the Department of Defense and subject to subsection (b), to wear 

the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade 

is authorized. An officer who is so authorized to wear the insignia 

of a higher grade is said to be ‘‘frocked’’ to that grade. 

(b) RESTRICTIONS.—An officer may not be authorized to wear 

the insignia for a grade as described in subsection (a) unless— 

(1) the Senate has given its advice and consent to the appointment of the officer to that grade; 
353 § 777a CH. 45—THE UNIFORM 

(2) the officer has received orders to serve in a position 

outside the military department of that officer for which that 

grade is authorized; 

(3) the Secretary of Defense (or a civilian officer within the 

Office of the Secretary of Defense whose appointment was 

made with the advice and consent of the Senate and to whom 

the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before 

assuming the duties of a position for which that grade is authorized; and 

(4) the Secretary of Defense has submitted to Congress a 

written notification of the intent to authorize the officer to 

wear the insignia for that grade. 

(c) BENEFITS NOT TO BE CONSTRUED AS ACCRUING.—(1) Authority provided to an officer as described in subsection (a) to wear 

the insignia of a higher grade may not be construed as conferring 

authority for that officer to— 

(A) be paid the rate of pay provided for an officer in that 

grade having the same number of years of service as that officer; or 

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

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

any of the following purposes: 

(A) Seniority in that grade. 

(B) Time of service in that grade. 

(d) LIMITATION ON NUMBER OF OFFICERS FROCKED.—The total 

number of officers who are authorized to wear the insignia for a 

higher grade under this section shall count against the limitation 

in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade. 

(Added Pub. L. 111–383, div. A, title V, Sec. 505(a)(1), Jan. 7, 2011, 124 Stat. 4208.) 
354 

CHAPTER 47—UNIFORM CODE OF MILITARY JUSTICE 

Subchapter Sec. Art. 

I. General Provisions .......................................................................... 801 1 

II. Apprehension and Restraint ........................................................... 807 7 

III. Non-Judicial Punishment ............................................................... 815 15 

IV. Court-Martial Jurisdiction .............................................................. 816 16 

V. Composition of Courts-Martial ....................................................... 822 22 

VI. Pre-Trial Procedure ......................................................................... 830 30 

VII. Trial Procedure ................................................................................ 836 36 

VIII. Sentences ......................................................................................... 855 55 

IX. Post-Trial Procedure and Review of Courts-Martial .................... 859 59 

X. Punitive Articles .............................................................................. 877 77 

XI. Miscellaneous Provisions ................................................................ 935 135 

XII. United States Court of Appeals for the Armed Forces ................ 941 141 

SUBCHAPTER I—GENERAL PROVISIONS 

Sec. Art.

801. 1. Definitions. 

802. 2. Persons subject to this chapter. 

803. 3. Jurisdiction to try certain personnel. 

804. 4. Dismissed officer’s right to trial by court-martial. 

805. 5. Territorial applicability of this chapter. 

806. 6. Judge advocates and legal officers. 

806a. 6a. Investigation and disposition of matters pertaining to the fitness of 

military judges. 

§ 801. Article 1. Definitions 

In this chapter: 

(1) The term ‘‘Judge Advocate General’’ means, severally, 

the Judge Advocates General of the Army, Navy, and Air Force 

and, except when the Coast Guard is operating as a service in 

the Navy, an official designated to serve as Judge Advocate 

General of the Coast Guard by the Secretary of Homeland Security. 

(2) The Navy, the Marine Corps, and the Coast Guard 

when it is operating as a service in the Navy, shall be considered as one armed force. 

(3) The term ‘‘commanding officer’’ includes only commissioned officers. 

(4) The term ‘‘officer in charge’’ means a member of the 

Navy, the Marine Corps, or the Coast Guard designated as 

such by appropriate authority. 

(5) The term ‘‘superior commissioned officer’’ means a commissioned officer superior in rank or command. 

(6) The term ‘‘cadet’’ means a cadet of the United States 

Military Academy, the United States Air Force Academy, or 

the United States Coast Guard Academy. 

(7) The term ‘‘midshipman’’ means a midshipman of the 

United States Naval Academy and any other midshipman on 

active duty in the naval service. 
355 § 802 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(8) The term ‘‘military’’ refers to any or all of the armed 

forces. 

(9) The term ‘‘accuser’’ means a person who signs and 

swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person 

who has an interest other than an official interest in the prosecution of the accused. 

(10) The term ‘‘military judge’’ means an official of a general or special court-martial detailed in accordance with section 

826 of this title (article 26). 

[(11) Repealed. Pub. L. 109–241, title II, Sec. 218(a)(1), 

July 11, 2006, 120 Stat. 526] 

(12) The term ‘‘legal officer’’ means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to 

perform legal duties for a command. 

(13) The term ‘‘judge advocate’’ means— 

(A) an officer of the Judge Advocate General’s Corps of 

the Army or the Navy; 

(B) an officer of the Air Force or the Marine Corps 

who is designated as a judge advocate; or 

(C) a commissioned officer of the Coast Guard designated for special duty (law). 

(14) The term ‘‘record’’, when used in connection with the 

proceedings of a court-martial, means— 

(A) an official written transcript, written summary, or 

other writing relating to the proceedings; or 

(B) an official audiotape, videotape, or similar material 

from which sound, or sound and visual images, depicting 

the proceedings may be reproduced. 

(15) The term ‘‘classified information’’ means (A) any information or material that has been determined by an official of 

the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure 

for reasons of national security, and (B) any restricted data, as 

defined in section 11(y) of the Atomic Energy Act of 1954 (42 

U.S.C. 2014(y)). 

(16) The term ‘‘national security’’ means the national defense and foreign relations of the United States. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 36; Pub. L. 89–670, Sec. 10(g), Oct. 15, 1966, 80 Stat. 948; 

Pub. L. 90–179, Sec. 1(1), (2), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–632, Sec. 2(1), Oct. 24, 

1968, 82 Stat. 1335; Pub. L. 98–209, Sec. 2(a), 6(a), Dec. 6, 1983, 97 Stat. 1393, 1400; Pub. L. 

100–180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100–456, div. A, 

title XII, Sec. 1233(f)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 104–106, div. A, title XI, Sec. 

1141(b), Feb. 10, 1996, 110 Stat. 467; Pub. L. 107–296, title XVII, Sec. 1704(b)(2), Nov. 25, 2002, 

116 Stat. 2314; Pub. L. 109–241, title II, Sec. 218(a), July 11, 2006, 120 Stat. 526.) 

§ 802. Art. 2. Persons subject to this chapter 

(a) The following persons are subject to this chapter: 

(1) Members of a regular component of the armed forces, 

including those awaiting discharge after expiration of their 

terms of enlistment; volunteers from the time of their muster 

or acceptance into the armed forces; inductees from the time 

of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. 
§ 802 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 356 

(2) Cadets, aviation cadets, and midshipmen. 

(3) Members of a reserve component while on inactive-duty 

training, but in the case of members of the Army National 

Guard of the United States or the Air National Guard of the 

United States only when in Federal service. 

(4) Retired members of a regular component of the armed 

forces who are entitled to pay. 

(5) Retired members of a reserve component who are receiving hospitalization from an armed force. 

(6) Members of the Fleet Reserve and Fleet Marine Corps 

Reserve. 

(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial. 

(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, 

when assigned to and serving with the armed forces. 

(9) Prisoners of war in custody of the armed forces. 

(10) In time of declared war or a contingency operation, 

persons serving with or accompanying an armed force in the 

field. 

(11) Subject to any treaty or agreement to which the 

United States is or may be a party or to any accepted rule of 

international law, persons serving with, employed by, or accompanying the armed forces outside the United States and 

outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 

(12) Subject to any treaty or agreement to which the 

United States is or may be a party or to any accepted rule of 

international law, persons within an area leased by or otherwise reserved or acquired for the use of the United States 

which is under the control of the Secretary concerned and 

which is outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 

(13) Individuals belonging to one of the eight categories 

enumerated in Article 4 of the Convention Relative to the 

Treatment of Prisoners of War, done at Geneva August 12, 

1949 (6 UST 3316), who violate the law of war. 

(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces 

shall be valid for purposes of jurisdiction under subsection (a) and 

a change of status from civilian to member of the armed forces 

shall be effective upon the taking of the oath of enlistment. 

(c) Notwithstanding any other provision of law, a person serving with an armed force who— 

(1) submitted voluntarily to military authority; 

(2) met the mental competency and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submission to military authority; 

(3) received military pay or allowances; and 

(4) performed military duties; 

is subject to this chapter until such person’s active service has been 

terminated in accordance with law or regulations promulgated by 

the Secretary concerned. 
357 § 803 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(d)(1) A member of a reserve component who is not on active 

duty and who is made the subject of proceedings under section 815 

(article 15) or section 830 (article 30) with respect to an offense 

against this chapter may be ordered to active duty involuntarily for 

the purpose of— 

(A) investigation under section 832 of this title (article 32); 

(B) trial by court-martial; or 

(C) nonjudicial punishment under section 815 of this title 

(article 15). 

(2) A member of a reserve component may not be ordered to 

active duty under paragraph (1) except with respect to an offense 

committed while the member was— 

(A) on active duty; or 

(B) on inactive-duty training, but in the case of members 

of the Army National Guard of the United States or the Air 

National Guard of the United States only when in Federal 

service. 

(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the 

President. 

(4) A member may be ordered to active duty under paragraph 

(1) only by a person empowered to convene general courts-martial 

in a regular component of the armed forces. 

(5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not— 

(A) be sentenced to confinement; or 

(B) be required to serve a punishment consisting of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)). 

(e) The provisions of this section are subject to section 

876b(d)(2) of this title (article 76b(d)(2)). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86–70, Sec. 6(b), June 25, 1959, 73 Stat. 142; 

Pub. L. 86–624, Sec. 4(b), July 12, 1960, 74 Stat. 411; Pub. L. 87–651, title I, Sec. 104, Sept. 

7, 1962, 76 Stat. 508; Pub. L. 89–718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–107, 

title VIII, Sec. 801(a), Nov. 9, 1979, 93 Stat. 810; Pub. L. 96–513, title V, Sec. 511(24), Dec. 

12, 1980, 94 Stat. 2922; Pub. L. 98–209, Sec. 13(a), Dec. 6, 1983, 97 Stat. 1408; Pub. L. 99– 

661, div. A, title VIII, Sec. 804(a), Nov. 14, 1986, 100 Stat. 3906; Pub. L. 100–456, div. A, title 

XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title XI, Sec. 

1133(b), Feb. 10, 1996, 110 Stat. 466; Pub. L. 109–364, div. A, title V, Sec. 552, Oct. 17, 2006, 

120 Stat. 2217; Pub. L. 109–366, Sec. 4(a)(1), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 111–84, 

div. A, title XVIII, Sec. 1803(a)(1), Oct. 28, 2009, 123 Stat. 2612.) 

§ 803. Art. 3. Jurisdiction to try certain personnel 

(a) Subject to section 843 of this title (article 43), a person who 

is in a status in which the person is subject to this chapter and 

who committed an offense against this chapter while formerly in a 

status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that 

offense by reason of a termination of that person’s former status. 

(b) Each person discharged from the armed forces who is later 

charged with having fraudulently obtained his discharge is, subject 

to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter 

while in the custody of the armed forces for that trial. Upon convic-
§ 804 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 358 

tion of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge. 

(c) No person who has deserted from the armed forces may be 

relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service. 

(d) A member of a reserve component who is subject to this 

chapter is not, by virtue of the termination of a period of active 

duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99–661, div. A, title VIII, Sec. 804(b), Nov. 14, 

1986, 100 Stat. 3907; Pub. L. 102–484, div. A, title X, Sec. 1063, Oct. 23, 1992, 106 Stat. 2505.) 

§ 804. Art. 4. Dismissed officer’s right to trial by court-martial 

(a) If any commissioned officer, dismissed by order of the President, makes a written application for trial by court-martial, setting 

forth, under oath, that he has been wrongfully dismissed, the 

President, as soon as practicable, shall convene a general courtmartial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have 

waived the right to plead any statute of limitations applicable to 

any offense with which he is charged. The court-martial may, as 

part of its sentence, adjudge the affirmance of the dismissal, but 

if the court-martial acquits the accused or if the sentence adjudged, 

as finally approved or affirmed, does not include dismissal or 

death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. 

(b) If the President fails to convene a general court-martial 

within six months from the presentation of an application for trial 

under this article, the Secretary concerned shall substitute for the 

dismissal ordered by the President a form of discharge authorized 

for administrative issue. 

(c) If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall 

be considered as actual service for all purposes, including the right 

to pay and allowances. 

(d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, 

he has no right to trial under this article. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 38.) 

§ 805. Art. 5. Territorial applicability of this chapter 

This chapter applies in all places. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 39.) 
359 § 806a CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

§ 806. Art. 6. Judge advocates and legal officers 

(a) The assignment for duty of judge advocates of the Army, 

Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of 

which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocate General or senior members of his staff shall make frequent inspections in the 

field in supervision of the administration of military justice. 

(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters 

relating to the administration of military justice; and the staff 

judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of 

a superior or subordinate command, or with the Judge Advocate 

General. 

(c) No person who has acted as member, military judge, trial 

counsel, assistant trial counsel, defense counsel, assistant defense 

counsel, or investigating officer in any case may later act as a staff 

judge advocate or legal officer to any reviewing authority upon the 

same case. 

(d)(1) A judge advocate who is assigned or detailed to perform 

the functions of a civil office in the Government of the United 

States under section 973(b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases. 

(2) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, shall prescribe regulations providing that 

reimbursement may be a condition of assistance by judge advocates 

assigned or detailed under section 973(b)(2)(B) of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 39; Dec. 8, 1967, Pub. L. 90–179, Sec. 1(3), 81 Stat. 545; 

Oct. 24, 1968, Pub. L. 90–632, Sec. 2(2), 82 Stat. 1335; Dec. 6, 1983, Pub. L. 98–209, Sec. 2(b), 

97 Stat. 1393; Nov. 14, 1986, Pub. L. 99–661, div. A, title VIII, Sec. 807(a), 100 Stat. 3909; Pub. 

L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 806a. Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges 

(a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge 

to perform the duties of the judge’s position. To the extent practicable, the procedures shall be uniform for all armed forces. 

(b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Senate and the Committee on Armed Services of the 

House of Representatives. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1303, Nov. 29, 1989, 103 Stat. 1576; amended 

Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106– 

65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 

SUBCHAPTER II—APPREHENSION AND RESTRAINT 

Sec. Art. 

807. 7. Apprehension. 

808. 8. Apprehension of deserters. 
§ 807 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 360 

809. 9. Imposition of restraint. 

810. 10. Restraint of persons charged with offenses. 

811. 11. Reports and receiving of prisoners. 

812. 12. Confinement with enemy prisoners prohibited. 

813. 13. Punishment prohibited before trial. 

814. 14. Delivery of offenders to civil authorities. 

§ 807. Art. 7. Apprehension 

(a) Apprehension is the taking of a person into custody. 

(b) Any person authorized under regulations governing the 

armed forces to apprehend persons subject to this chapter or to 

trial thereunder may do so upon reasonable belief that an offense 

has been committed and that the person apprehended committed 

it. 

(c) Commissioned officers, warrant officers, petty officers, and 

noncommissioned officers have authority to quell quarrels, frays, 

and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 39.) 

§ 808. Art. 8. Apprehension of deserters 

Any civil officer having authority to apprehend offenders under 

the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of 

those forces. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(4), Jan. 

6, 2006, 119 Stat. 3440.) 

§ 809. Art. 9. Imposition of restraint 

(a) Arrest is the restraint of a person by an order, not imposed 

as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. 

(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. 

A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his 

command or subject to his authority into arrest or confinement. 

(c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person 

or by another commissioned officer. The authority to order such 

persons into arrest or confinement may not be delegated. 

(d) No person may be ordered into arrest or confinement except 

for probable cause. 

(e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged 

offender until proper authority may be notified. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.) 
361 § 814 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

§ 810. Art. 10. Restraint of persons charged with offenses 

Any person subject to this chapter charged with an offense 

under this chapter shall be ordered into arrest or confinement, as 

circumstances may require; but when charged only with an offense 

normally tried by a summary court-martial, he shall not ordinarily 

be placed in confinement. When any person subject to this chapter 

is placed in arrest or confinement prior to trial, immediate steps 

shall be taken to inform him of the specific wrong of which he is 

accused and to try him or to dismiss the charges and release him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.) 

§ 811. Art. 11. Reports and receiving of prisoners 

(a) No provost marshal, commander of a guard, or master at 

arms may refuse to receive or keep any prisoner committed to his 

charge by a commissioned officer of the armed forces, when the 

committing officer furnishes a statement, signed by him, of the offense charged against the prisoner. 

(b) Every commander of a guard or master at arms to whose 

charge a prisoner is committed shall, within twenty-four hours 

after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 40.) 

§ 812. Art. 12. Confinement with enemy prisoners prohibited 

No member of the armed forces may be placed in confinement 

in immediate association with enemy prisoners or other foreign nationals not members of the armed forces. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 41.) 

§ 813. Art. 13. Punishment prohibited before trial 

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the 

charges pending against him, nor shall the arrest or confinement 

imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, Sec. 3, Nov. 20, 1981, 95 Stat. 1087.) 

§ 814. Art. 14. Delivery of offenders to civil authorities 

(a) Under such regulations as the Secretary concerned may 

prescribe, a member of the armed forces accused of an offense 

against civil authority may be delivered, upon request, to the civil 

authority for trial. 

(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the 

execution of the sentence of the court-martial, and the offender 

after having answered to the civil authorities for his offense shall, 

upon the request of competent military authority, be returned to 

military custody for the completion of his sentence. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 41.) 
§ 815 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 362 

SUBCHAPTER III—NON-JUDICIAL PUNISHMENT 

Sec. Art. 

815. 15. Commanding officer’s non-judicial punishment. 

§ 815. Art. 15. Commanding officer’s non-judicial punishment 

(a) Under such regulations as the President may prescribe, and 

under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted 

by this article with respect to the kind and amount of punishment 

authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the 

applicability of this article to an accused who demands trial by 

court-martial, and the kinds of courts-martial to which the case 

may be referred upon such a demand. However, except in the case 

of a member attached to or embarked in a vessel, punishment may 

not be imposed upon any member of the armed forces under this 

article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. 

Under similar regulations, rules may be prescribed with respect to 

the suspension of punishments authorized hereunder. If authorized 

by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or 

flag rank in command may delegate his powers under this article 

to a principal assistant. 

(b) Subject to subsection (a), any commanding officer may, in 

addition to or in lieu of admonition or reprimand, impose one or 

more of the following disciplinary punishments for minor offenses 

without the intervention of a court-martial— 

(1) upon officers of his command— 

(A) restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days; 

(B) if imposed by an officer exercising general courtmartial jurisdiction or an officer of general or flag rank in 

command— 

(i) arrest in quarters for not more than 30 consecutive days; 

(ii) forfeiture of not more than one-half of one 

month’s pay per month for two months; 

(iii) restriction to certain specified limits, with or 

without suspension from duty, for not more than 60 

consecutive days; 

(iv) detention of not more than one-half of one 

month’s pay per month for three months; 

(2) upon other personnel of his command— 

(A) if imposed upon a person attached to or embarked 

in a vessel, confinement on bread and water or diminished 

rations for not more than three consecutive days; 

(B) correctional custody for not more than seven consecutive days; 

(C) forfeiture of not more than seven days’ pay; 
363 § 815 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(D) reduction to the next inferior pay grade, if the 

grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; 

(E) extra duties, including fatigue or other duties, for 

not more than 14 consecutive days; 

(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; 

(G) detention of not more than 14 days’ pay; 

(H) if imposed by an officer of the grade of major or 

lieutenant commander, or above— 

(i) the punishment authorized under clause (A); 

(ii) correctional custody for not more than 30 consecutive days; 

(iii) forfeiture of not more than one-half of one 

month’s pay per month for two months; 

(iv) reduction to the lowest or any intermediate 

pay grade, if the grade from which demoted is within 

the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay 

grade above E–4 may not be reduced more than two 

pay grades; 

(v) extra duties, including fatigue or other duties, 

for not more than 45 consecutive days; 

(vi) restrictions to certain specified limits, with or 

without suspension from duty, for not more than 60 

consecutive days; 

(vii) detention of not more than one-half of one 

month’s pay per month for three months. 

Detention of pay shall be for a stated period of not more than one 

year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the 

punishments of arrest in quarters, confinement on bread and water 

or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum 

amount imposable for each. Whenever any of those punishments 

are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this 

subsection, ‘‘correctional custody’’ is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will 

not be served in immediate association with persons awaiting trial 

or held in confinement pursuant to trial by court-martial. 

(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments 

authorized under subsection (b)(2)(A)–(G) as the Secretary concerned may specifically prescribe by regulation. 

(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend 

probationally any part or amount of the unexecuted punishment 

imposed and may suspend probationally a reduction in grade or a 
§ 815 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 364 

forfeiture imposed under subsection (b), whether or not executed. 

In addition, he may, at any time, remit or mitigate any part or 

amount of the unexecuted punishment imposed and may set aside 

in whole or in part the punishment, whether executed or 

unexecuted, and restore all rights, privileges, and property affected. 

He may also mitigate reduction in grade to forfeiture or detention 

of pay. When mitigating— 

(1) arrest in quarters to restriction; 

(2) confinement on bread and water or diminished rations 

to correctional custody; 

(3) correctional custody or confinement on bread and water 

or diminished rations to extra duties or restriction, or both; or 

(4) extra duties to restriction; 

the mitigated punishment shall not be for a greater period than the 

punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than 

the amount of the forfeiture. When mitigating reduction in grade 

to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been 

imposed initially under this article by the officer who imposed the 

punishment mitigated. 

(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through the 

proper channel, appeal to the next superior authority. The appeal 

shall be promptly forwarded and decided, but the person punished 

may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with 

respect to the punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of— 

(1) arrest in quarters for more than seven days; 

(2) correctional custody for more than seven days; 

(3) forfeiture of more than seven days’ pay; 

(4) reduction of one or more pay grades from the fourth or 

a higher pay grade; 

(5) extra duties for more than 14 days; 

(6) restriction for more than 14 days; or 

(7) detention of more than 14 days’ pay; 

the authority who is to act on the appeal shall refer the case to a 

judge advocate or a lawyer of the Department of Homeland Security for consideration and advice, and may so refer the case upon 

appeal from any punishment imposed under subsection (b). 

(f) The imposition and enforcement of disciplinary punishment 

under this article for any act or omission is not a bar to trial by 

court-martial for a serious crime or offense growing out of the same 

act or omission, and not properly punishable under this article; but 

the fact that a disciplinary punishment has been enforced may be 

shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged 

in the event of a finding of guilty. 

(g) The Secretary concerned may, by regulation, prescribe the 

form of records to be kept of proceedings under this article and 

may also prescribe that certain categories of those proceedings 

shall be in writing. 
365 § 818 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 87–648, Sec. 1, Sept. 7, 1962, 76 Stat. 447; Pub. 

L. 90–179, Sec. 1(4), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–623, Sec. 2(4), Oct. 22, 1968, 82 

Stat. 1314; Pub. L. 98–209, Sec. 2(c), 13(b), Dec. 6, 1983, 97 Stat. 1393, 1408; Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

SUBCHAPTER IV—COURT-MARTIAL JURISDICTION 

Sec. Art. 

816. 16. Courts-martial classified. 

817. 17. Jurisdiction of courts-martial in general. 

818. 18. Jurisdiction of general courts-martial. 

819. 19. Jurisdiction of special courts-martial. 

820. 20. Jurisdiction of summary courts-martial. 

821. 21. Jurisdiction of courts-martial not exclusive. 

§ 816. Art. 16. Courts-martial classified 

The three kinds of courts-martial in each of the armed forces 

are— 

(1) general courts-martial, consisting of— 

(A) a military judge and not less than five members 

or, in a case in which the accused may be sentenced to a 

penalty of death, the number of members determined 

under section 825a of this title (article 25a); or 

(B) only a military judge, if before the court is assembled the accused, knowing the identity of the military 

judge and after consultation with defense counsel, requests 

orally on the record or in writing a court composed only of 

a military judge and the military judge approves; 

(2) special courts-martial, consisting of— 

(A) not less than three members; or 

(B) a military judge and not less than three members; 

or 

(C) only a military judge, if one has been detailed to 

the court, and the accused under the same conditions as 

those prescribed in clause (1)(B) so requests; and 

(3) summary courts-martial, consisting of one commissioned officer. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Oct. 24, 1968, Pub. L. 90–632, Sec. 2(3), 82 Stat. 1335; 

Dec. 6, 1983, Pub. L. 98–209, Sec. 3(a), 97 Stat. 1394; Pub. L. 107–107, div. A, title V, Sec. 

582(a), Dec. 28, 2001, 115 Stat. 1124.) 

§ 817. Art. 17. Jurisdiction of courts-martial in general 

(a) Each armed force has court-martial jurisdiction over all 

persons subject to this chapter. The exercise of jurisdiction by one 

armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President. 

(b) In all cases, departmental review after that by the officer 

with authority to convene a general court-martial for the command 

which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed 

force of which the accused is a member. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 43.) 

§ 818. Art. 18. Jurisdiction of general courts-martial 

Subject to section 817 of this title (article 17), general courtsmartial have jurisdiction to try persons subject to this chapter for 

any offense made punishable by this chapter and may, under such 
§ 819 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 366 

limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death 

when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war 

is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general courtmartial of the kind specified in section 816(1)(B) of this title (article 

16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case 

has been previously referred to trial as a noncapital case. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, Sec. 2(4), Oct. 24, 1968, 82 Stat. 1335.) 

§ 819. Art. 19. Jurisdiction of special courts-martial 

Subject to section 817 of this title (article 17), special courtsmartial have jurisdiction to try persons subject to this chapter for 

any noncapital offense made punishable by this chapter and, under 

such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the 

President may prescribe, adjudge any punishment not forbidden by 

this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement 

for more than three months, forfeiture of pay exceeding two-thirds 

pay per month, or forfeiture of pay for more than one year. A badconduct discharge, confinement for more than six months, or forfeiture of pay for more than six months may not be adjudged unless a complete record of the proceedings and testimony has been 

made, counsel having the qualifications prescribed under section 

827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any 

case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case 

in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge 

could not be detailed. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, Sec. 2(5), Oct. 24, 1968, 82 Stat. 1335; 

Pub. L. 106–65, div. A, title V, Sec. 577(a), Oct. 5, 1999, 113 Stat. 625; Pub. L. 107–107, div. 

A, title X, Sec. 1048(g)(4), Dec. 28, 2001, 115 Stat. 1228.) 

§ 820. Art. 20. Jurisdiction of summary courts-martial 

Subject to section 817 of this title (article 17), summary courtsmartial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be 

brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as 

may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment 

not forbidden by this chapter except death, dismissal, dishonorable 

or bad-conduct discharge, confinement for more than one month, 

hard-labor without confinement for more than 45 days, restriction 
367 § 823 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

to specified limits for more than two months, or forfeiture of more 

than two-thirds of one month’s pay. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, Sec. 2(6), Oct. 24, 1968, 82 Stat. 1336.) 

§ 821. Art. 21. Jurisdiction of courts-martial not exclusive 

The provisions of this chapter conferring jurisdiction upon 

courts-martial do not deprive military commissions, provost courts, 

or other military tribunals of concurrent jurisdiction with respect 

to offenders or offenses that by statute or by the law of war may 

be tried by military commissions, provost courts, or other military 

tribunals. This section does not apply to a military commission established under chapter 47A of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631.) 

SUBCHAPTER V—COMPOSITION OF COURTS-MARTIAL 

Sec. Art.

822. 22. Who may convene general courts-martial. 

823. 23. Who may convene special courts-martial. 

824. 24. Who may convene summary courts-martial. 

825. 25. Who may serve on courts-martial. 

825a. 25a. Number of members in capital cases. 

826. 26. Military judge of a general or special court-martial. 

827. 27. Detail of trial counsel and defense counsel. 

828. 28. Detail or employment of reporters and interpreters. 

829. 29. Absent and additional members. 

§ 822. Art. 22. Who may convene general courts-martial 

(a) General courts-martial may be convened by— 

(1) the President of the United States; 

(2) the Secretary of Defense; 

(3) the commanding officer of a unified or specified combatant command; 

(4) the Secretary concerned; 

(5) the commanding officer of an Army Group, an Army, an 

Army Corps, a division, a separate brigade, or a corresponding 

unit of the Army or Marine Corps; 

(6) the commander in chief of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States; 

(7) the commanding officer of an air command, an air 

force, an air division, or a separate wing of the Air Force or 

Marine Corps; 

(8) any other commanding officer designated by the Secretary concerned; or 

(9) any other commanding officer in any of the armed 

forces when empowered by the President. 

(b) If any such commanding officer is an accuser, the court 

shall be convened by superior competent authority, and may in any 

case be convened by such authority if considered desirable by him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99–433, title II, Sec. 211(b), Oct. 1, 1986, 100 

Stat. 1017; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.) 

§ 823. Art. 23. Who may convene special courts-martial 

(a) Special courts-martial may be convened by— 

(1) any person who may convene a general court-martial; 
§ 824 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 368 

(2) the commanding officer of a district, garrison, fort, 

camp, station, Air Force base, auxiliary air field, or other place 

where members of the Army or the Air Force are on duty; 

(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army; 

(4) the commanding officer of a wing, group, or separate 

squadron of the Air Force; 

(5) the commanding officer of any naval or Coast Guard 

vessel, shipyard, base, or station; the commanding officer of 

any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary 

air field, or other place where members of the Marine Corps 

are on duty; 

(6) the commanding officer of any separate or detached 

command or group of detached units of any of the armed forces 

placed under a single commander for this purpose; or 

(7) the commanding officer or officer in charge of any other 

command when empowered by the Secretary concerned. 

(b) If any such officer is an accuser, the court shall be convened 

by superior competent authority, and may in any case be convened 

by such authority if considered advisable by him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 44.) 

§ 824. Art. 24. Who may convene summary courts-martial 

(a) Summary courts-martial may be convened by— 

(1) any person who may convene a general or special courtmartial; 

(2) the commanding officer of a detached company, or other 

detachment of the Army; 

(3) the commanding officer of a detached squadron or other 

detachment of the Air Force; or 

(4) the commanding officer or officer in charge of any other 

command when empowered by the Secretary concerned. 

(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that 

command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courtsmartial may, however, be convened in any case by superior competent authority when considered desirable by him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 45.) 

§ 825. Art. 25. Who may serve on courts-martial 

(a) Any commissioned officer on active duty is eligible to serve 

on all courts-martial for the trial of any person who may lawfully 

be brought before such courts for trial. 

(b) Any warrant officer on active duty is eligible to serve on 

general and special courts-martial for the trial of any person, other 

than a commissioned officer, who may lawfully be brought before 

such courts for trial. 

(c)(1) Any enlisted member of an armed force on active duty 

who is not a member of the same unit as the accused is eligible 

to serve on general and special courts-martial for the trial of any 

enlisted member of an armed force who may lawfully be brought 
369 § 825a CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

before such courts for trial, but he shall serve as a member of a 

court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to 

trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members 

serve on it. After such a request, the accused may not be tried by 

a general or special court-martial the membership of which does 

not include enlisted members in a number comprising at least, onethird of the total membership of the court, unless eligible enlisted 

members cannot be obtained on account of physical conditions or 

military exigencies. If such members cannot be obtained, the court 

may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. 

(2) In this article, ‘‘unit’’ means any regularly organized body 

as defined by the Secretary concerned, but in no case may it be a 

body larger than a company, squadron, ship’s crew, or body corresponding to one of them. 

(d)(1) When it can be avoided, no member of an armed force 

may be tried by a court-martial any member of which is junior to 

him in rank or grade. 

(2) When convening a court-martial, the convening authority 

shall detail as members thereof such members of the armed forces 

as, in his opinion, are best qualified for the duty by reason of age, 

education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a 

member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating 

officer or as counsel in the same case. 

(e) Before a court-martial is assembled for the trial of a case, 

the convening authority may excuse a member of the court from 

participating in the case. Under such regulations as the Secretary 

concerned may prescribe, the convening authority may delegate his 

authority under this subsection to his staff judge advocate or legal 

officer or to any other principal assistant. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90–632, Sec. 2(7), Oct. 24, 1968, 82 Stat. 1336; 

Pub. L. 98–209, Sec. 3(b), 13(c), Dec. 6, 1983, 97 Stat. 1394, 1408; Pub. L. 99–661, div. A, title 

VIII, Sec. 803(a), Nov. 14, 1986, 100 Stat. 3906.) 

§ 825a. Art. 25a. Number of members in capital cases 

In a case in which the accused may be sentenced to a penalty 

of death, the number of members shall be not less than 12, unless 

12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority 

shall specify a lesser number of members not less than five, and 

the court may be assembled and the trial held with not less than 

the number of members so specified. In such a case, the convening 

authority shall make a detailed written statement, to be appended 

to the record, stating why a greater number of members were not 

reasonably available. 

(Added Pub. L. 107–107, div. A, title V, Sec. 582(b)(1), Dec. 28, 2001, 115 Stat. 1124.) 
§ 826 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 370 

§ 826. Art. 26. Military judge of a general or special courtmartial 

(a) A military judge shall be detailed to each general courtmartial. Subject to regulations of the Secretary concerned, a military judge may be detailed to any special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial 

and for the persons who are authorized to detail military judges for 

such courts-martial. The military judge shall preside over each 

open session of the court-martial to which he has been detailed. 

(b) A military judge shall be a commissioned officer of the 

armed forces who is a member of the bar of a Federal court or a 

member of the bar of the highest court of a State and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is 

a member. 

(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the 

armed force of which the military judge is a member for detail in 

accordance with regulations prescribed under subsection (a). Unless 

the court-martial was convened by the President or the Secretary 

concerned, neither the convening authority nor any member of his 

staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which 

relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military 

judge of a general court-martial may perform such duties only 

when he is assigned and directly responsible to the Judge Advocate 

General, or his designee, of the armed force of which the military 

judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a 

military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee. 

(d) No person is eligible to act as military judge in a case if 

he is the accuser or a witness for the prosecution or has acted as 

investigating officer or a counsel in the same case. 

(e) The military judge of a court-martial may not consult with 

the members of the court except in the presence of the accused, 

trial counsel, and defense counsel, nor may he vote with the members of the court. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90–632, Sec. 2(9), Oct. 24, 1968, 82 Stat. 1336; 

Pub. L. 98–209, Sec. 3(c)(1), Dec. 6, 1983, 97 Stat. 1394.) 

§ 827. Art. 27. Detail of trial counsel and defense counsel 

(a)(1) Trial counsel and defense counsel shall be detailed for 

each general and special court-martial. Assistant trial counsel and 

assistant and associate defense counsel may be detailed for each 

general and special court-martial. The Secretary concerned shall 

prescribe regulations providing for the manner in which counsel 

are detailed for such courts-martial and for the persons who are 

authorized to detail counsel for such courts-martial. 

(2) No person who has acted as investigating officer, military 

judge, or court member in any case may act later as trial counsel, 
371 § 829 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel 

in the same case. No person who has acted for the prosecution may 

act later in the same case for the defense, nor may any person who 

has acted for the defense act later in the same case for the prosecution. 

(b) Trial counsel or defense counsel detailed for a general 

court-martial— 

(1) must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court 

or of the highest court of a State; or must be a member of the 

bar of a Federal court or of the highest court of a State; and 

(2) must be certified as competent to perform such duties 

by the Judge Advocate General of the armed force of which he 

is a member. 

(c) In the case of a special court-martial— 

(1) the accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) unless 

counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel 

having such qualifications cannot be obtained, the court may 

be convened and the trial held but the convening authority 

shall make a detailed written statement, to be appended to the 

record, stating why counsel with such qualifications could not 

be obtained; 

(2) if the trial counsel is qualified to act as counsel before 

a general court-martial, the defense counsel detailed by the 

convening authority must be a person similarly qualified; and 

(3) if the trial counsel is a judge advocate or a member of 

the bar of a Federal court or the highest court of a State, the 

defense counsel detailed by the convening authority must be 

one of the foregoing. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90–179, Sec. 1(5), Dec. 8, 1967, 81 Stat. 546; 

Pub. L. 90–632, Sec. 2(10), Oct. 24, 1968, 82 Stat. 1337; Pub. L. 98–209, Sec. 2(d), 3(c)(2), Dec. 

6, 1983, 97 Stat. 1393, 1394.) 

§ 828. Art. 28. Detail or employment of reporters and interpreters 

Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken 

before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court 

of inquiry may detail or employ interpreters who shall interpret for 

the court or commission. This section does not apply to a military 

commission established under chapter 47A of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631.) 

§ 829. Art. 29. Absent and additional members 

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of 

the accused unless excused as a result of a challenge, excused by 
§ 830 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 372 

the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause. 

(b)(1) Whenever a general court-martial, other than a general 

court-martial composed of a military judge only, is reduced below 

the applicable minimum number of members, the trial may not 

proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum 

number of members. The trial may proceed with the new members 

present after the recorded evidence previously introduced before 

the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. 

(2) In this section, the term ‘‘applicable minimum number of 

members’’ means five members or, in a case in which the death 

penalty may be adjudged, the number of members determined 

under section 825a of this title (article 25a). 

(c) Whenever a special court-martial, other than a special 

court-martial composed of a military judge only, is reduced below 

three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not 

less than three members. The trial shall proceed with the new 

members present as if no evidence had previously been introduced 

at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof 

is read to the court in the presence of the military judge, if any, 

the accused and counsel for both sides. 

(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, 

the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16(1)(B) or (2)(C)), after 

the detail of a new military judge as if no evidence had previously 

been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the 

presence of the new military judge, the accused, and counsel for 

both sides. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Oct. 24, 1968, Pub. L. 90–632, Sec. 2(11), 82 Stat. 1337; 

Dec. 6, 1983, Pub. L. 98–209, Sec. 3(d), 97 Stat. 1394; Pub. L. 107–107, div. A, title V, Sec. 

582(c), Dec. 28, 2001, 115 Stat. 1124.) 

SUBCHAPTER VI—PRE-TRIAL PROCEDURE 

Sec. Art. 

830. 30. Charges and specifications. 

831. 31. Compulsory self-incrimination prohibited. 

832. 32. Investigation. 

833. 33. Forwarding of charges. 

834. 34. Advice of staff judge advocate and reference for trial. 

835. 35. Service of charges. 

§ 830. Art. 30. Charges and specifications 

(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the 

armed forces authorized to administer oaths and shall state— 

(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and 
373 § 832 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(2) that they are true in fact to the best of his knowledge 

and belief. 

(b) Upon the preferring of charges, the proper authority shall 

take immediate steps to determine what disposition should be 

made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon 

as practicable. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 47.) 

§ 831. Art. 31. Compulsory self-incrimination prohibited 

(a) No person subject to this chapter may compel any person 

to incriminate himself or to answer any question the answer to 

which may tend to incriminate him. 

(b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an 

offense without first informing him of the nature of the accusation 

and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that 

any statement made by him may be used as evidence against him 

in a trial by court-martial. 

(c) No person subject to this chapter may compel any person 

to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and 

may tend to degrade him. 

(d) No statement obtained from any person in violation of this 

article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a 

trial by court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 48.) 

§ 832. Art. 32. Investigation 

(a) No charge or specification may be referred to a general 

court-martial for trial until a thorough and impartial investigation 

of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in 

the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the 

case in the interest of justice and discipline. 

(b) The accused shall be advised of the charges against him 

and of his right to be represented at that investigation by counsel. 

The accused has the right to be represented at that investigation 

as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses 

against him if they are available and to present anything he may 

desire in his own behalf, either in defense or mitigation, and the 

investigating officer shall examine available witnesses requested by 

the accused. If the charges are forwarded after the investigation, 

they shall be accompanied by a statement of the substance of the 

testimony taken on both sides and a copy thereof shall be given to 

the accused. 

(c) If an investigation of the subject matter of an offense has 

been conducted before the accused is charged with the offense, and 

if the accused was present at the investigation and afforded the op-
§ 833 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 374 

portunities for representation, cross-examination, and presentation 

prescribed in subsection (b), no further investigation of that charge 

is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further 

cross-examination and to offer any new evidence in his own behalf. 

(d) If evidence adduced in an investigation under this article 

indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused— 

(1) is present at the investigation; 

(2) is informed of the nature of each uncharged offense investigated; and 

(3) is afforded the opportunities for representation, crossexamination, and presentation prescribed in subsection (b). 

(e) The requirements of this article are binding on all persons 

administering this chapter but failure to follow them does not constitute jurisdictional error. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 48; Pub. L. 97–81, Sec. 4(a), Nov. 20, 1981, 95 Stat. 1088; 

Pub. L. 104–106, div. A, title XI, Sec. 1131, Feb. 10, 1996, 110 Stat. 464.) 

§ 833. Art. 33. Forwarding of charges 

When a person is held for trial by general court-martial the 

commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the 

charges, together with the investigation and allied papers, to the 

officer exercising general court-martial jurisdiction. If that is not 

practicable, he shall report in writing to that officer the reasons for 

delay. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 49.) 

§ 834. Art. 34. Advice of staff judge advocate and reference 

for trial 

(a) Before directing the trial of any charge by general courtmartial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may 

not refer a specification under a charge to a general court-martial 

for trial unless he has been advised in writing by the staff judge 

advocate that— 

(1) the specification alleges an offense under this chapter; 

(2) the specification is warranted by the evidence indicated 

in the report of investigation under section 832 of this title (article 32) (if there is such a report); and 

(3) a court-martial would have jurisdiction over the accused and the offense. 

(b) The advice of the staff judge advocate under subsection (a) 

with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate— 

(1) expressing his conclusions with respect to each matter 

set forth in subsection (a); and 

(2) recommending action that the convening authority take 

regarding the specification. 
375 § 836 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

If the specification is referred for trial, the recommendation of the 

staff judge advocate shall accompany the specification. 

(c) If the charges or specifications are not formally correct or 

do not conform to the substance of the evidence contained in the 

report of the investigating officer, formal corrections, and such 

changes in the charges and specifications as are needed to make 

them conform to the evidence, may be made. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 98–209, Sec. 4, Dec. 6, 1983, 97 Stat. 1395.) 

§ 835. Art. 35. Service of charges 

The trial counsel to whom court-martial charges are referred 

for trial shall cause to be served upon the accused a copy of the 

charges upon which trial is to be had. In time of peace no person 

may, against his objection, be brought to trial, or be required to 

participate by himself or counsel in a session called by the military 

judge under section 839(a) of this title (article 39(a)), in a general 

court-martial case within a period of five days after the service of 

charges upon him, or in a special court-martial case within a period 

of three days after the service of charges upon him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90–632, Sec. 2(12), Oct. 24, 1968, 82 Stat. 1337.) 

SUBCHAPTER VII—TRIAL PROCEDURE 

Sec. Art.

836. 36. President may prescribe rules. 

837. 37. Unlawfully influencing action of court. 

838. 38. Duties of trial counsel and defense counsel. 

839. 39. Sessions. 

840. 40. Continuances. 

841. 41. Challenges. 

842. 42. Oaths. 

843. 43. Statute of limitations. 

844. 44. Former jeopardy. 

845. 45. Pleas of the accused. 

846. 46. Opportunity to obtain witnesses and other evidence. 

847. 47. Refusal to appear or testify. 

848. 48. Contempts. 

849. 49. Depositions. 

850. 50. Admissibility of records of courts of inquiry. 

850a. 50a. Defense of lack of mental responsibility. 

851. 51. Voting and rulings. 

852. 52. Number of votes required. 

853. 53. Court to announce action. 

854. 54. Record of trial. 

§ 836. Art. 36. President may prescribe rules 

(a) Pretrial, trial, and post-trial procedures, including modes of 

proof, for cases arising under this chapter triable in courts-martial, 

military commissions and other military tribunals, and procedures 

for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the 

trial of criminal cases in the United States district courts, but 

which may not, except as provided in chapter 47A of this title, be 

contrary to or inconsistent with this chapter. 

(b) All rules and regulations made under this article shall be 

uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title. 
§ 837 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 376 

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, Sec. 801(b), Nov. 9, 1979, 93 

Stat. 811; Pub. L. 101–510, div. A, title XIII, Sec. 1301(4), Nov. 5, 1990, 104 Stat. 1668; Pub. 

L. 109–366, Sec. 4(a)(3), Oct. 17, 2006, 120 Stat. 2631.) 

§ 837. Art. 37. Unlawfully influencing action of court 

(a) No authority convening a general, special, or summary 

court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or 

counsel thereof, with respect to the findings or sentence adjudged 

by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this 

chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal 

or any member thereof, in reaching the findings or sentence in any 

case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of 

the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses 

are designed solely for the purpose of instructing members of a 

command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by 

the military judge, president of a special court-martial, or counsel. 

(b) In the preparation of an effectiveness, fitness, or efficiency 

report, or any other report or document used in whole or in part 

for the purpose of determining whether a member of the armed 

forces is qualified to be advanced, in grade, or in determining the 

assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained 

on active duty, no person subject to this chapter may, in preparing 

any such report (1) consider or evaluate the performance of duty 

of any such member as a member of a court-martial, or (2) give a 

less favorable rating or evaluation of any member of the armed 

forces because of the zeal with which such member, as counsel, represented any accused before a court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90–632, Sec. 2(13), Oct. 24, 1968, 82 Stat. 1338.) 

§ 838. Art. 38. Duties of trial counsel and defense counsel 

(a) The trial counsel of a general or special court-martial shall 

prosecute in the name of the United States, and shall, under the 

direction of the court, prepare the record of the proceedings. 

(b)(1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 832 of this title (article 32) as provided in this 

subsection. 

(2) The accused may be represented by civilian counsel if provided by him. 

(3) The accused may be represented— 

(A) by military counsel detailed under section 827 of this 

title (article 27); or 

(B) by military counsel of his own selection if that counsel 

is reasonably available (as determined under regulations prescribed under paragraph (7)). 

(4) If the accused is represented by civilian counsel, military 

counsel detailed or selected under paragraph (3) shall act as associate counsel unless excused at the request of the accused. 
377 § 838 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(5) Except as provided under paragraph (6), if the accused is 

represented by military counsel of his own selection under paragraph (3)(B), any military counsel detailed under paragraph (3)(A) 

shall be excused. 

(6) The accused is not entitled to be represented by more than 

one military counsel. However, the person authorized under regulations prescribed under section 827 of this title (article 27) to detail 

counsel, in his sole discretion— 

(A) may detail additional military counsel as assistant defense counsel; and 

(B) if the accused is represented by military counsel of his 

own selection under paragraph (3)(B), may approve a request 

from the accused that military counsel detailed under paragraph (3)(A) act as associate defense counsel. 

(7) The Secretary concerned shall, by regulation, define ‘‘reasonably available’’ for the purpose of paragraph (3)(B) and establish 

procedures for determining whether the military counsel selected 

by an accused under that paragraph is reasonably available. Such 

regulations may not prescribe any limitation based on the reasonable availability of counsel solely on the grounds that the counsel 

selected by the accused is from an armed force other than the 

armed force of which the accused is a member. To the maximum 

extent practicable, such regulations shall establish uniform policies 

among the armed forces while recognizing the differences in the 

circumstances and needs of the various armed forces. The Secretary concerned shall submit copies of regulations prescribed 

under this paragraph to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives. 

(c) In any court-martial proceeding resulting in a conviction, 

the defense counsel— 

(1) may forward for attachment to the record of proceedings a brief of such matters as he determines should be 

considered in behalf of the accused on review (including any 

objection to the contents of the record which he considers appropriate); 

(2) may assist the accused in the submission of any matter 

under section 860 of this title (article 60); and 

(3) may take other action authorized by this chapter. 

(d) An assistant trial counsel of a general court-martial may, 

under the direction of the trial counsel or when he is qualified to 

be a trial counsel as required by section 827 of this title (article 

27), perform any duty imposed by law, regulation, or the custom of 

the service upon the trial counsel of the court. An assistant trial 

counsel of a special court-martial may perform any duty of the trial 

counsel. 

(e) An assistant defense counsel of a general or special courtmartial may, under the direction of the defense counsel or when he 

is qualified to be the defense counsel as required by section 827 of 

this title (article 27), perform any duty imposed by law, regulation, 

or the custom of the service upon counsel for the accused. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90–632, Sec. 2(14), Oct. 24, 1968, 82 Stat. 1338; 

Pub. L. 97–81, Sec. 4(b), Nov. 20, 1981, 95 Stat. 1088; Pub. L. 98–209, Sec. 3(e), Dec. 6, 1983, 

97 Stat. 1394; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; 

Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 
§ 839 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 378 

§ 839. Art. 39. Sessions 

(a) At any time after the service of charges which have been 

referred for trial to a court-martial composed of a military judge 

and members, the military judge may, subject to section 835 of this 

title (article 35), call the court into session without the presence of 

the members for the purpose of— 

(1) hearing and determining motions raising defenses or 

objections which are capable of determination without trial of 

the issues raised by a plea of not guilty; 

(2) hearing and ruling upon any matter which may be 

ruled upon by the military judge under this chapter, whether 

or not the matter is appropriate for later consideration or decision by the members of the court; 

(3) if permitted by regulations of the Secretary concerned, 

holding the arraignment and receiving the pleas of the accused; and 

(4) performing any other procedural function which may be 

performed by the military judge under this chapter or under 

rules prescribed pursuant to section 836 of this title (article 36) 

and which does not require the presence of the members of the 

court. 

(b) Proceedings under subsection (a) shall be conducted in the 

presence of the accused, the defense counsel, and the trial counsel 

and shall be made a part of the record. These proceedings may be 

conducted notwithstanding the number of members of the court 

and without regard to section 829 of this title (article 29). If authorized by regulations of the Secretary concerned, and if at least 

one defense counsel is physically in the presence of the accused, the 

presence required by this subsection may otherwise be established 

by audiovisual technology (such as videoteleconferencing technology). 

(c) When the members of a court-martial deliberate or vote, 

only the members may be present. All other proceedings, including 

any other consultation of the members of the court with counsel or 

the military judge, shall be made a part of the record and shall be 

in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the 

court, the military judge. 

(d) The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title— 

(1) may not be introduced or considered in any hearing, 

trial, or other proceeding of a court-martial under this chapter; 

and 

(2) may not form the basis of any holding, decision, or 

other determination of a court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, Sec. 2(15), Oct. 24, 1968, 82 Stat. 1338; 

Pub. L. 101–510, div. A, title V, Sec. 541(a), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 109–163, div. 

A, title V, Sec. 556, Jan. 6, 2006, 119 Stat. 3266; Pub. L. 111–84, div. A, title XVIII, Sec. 

1803(a)(2), Oct. 28, 2009, 123 Stat. 2612.) 

§ 840. Art. 40. Continuances 

The military judge or a court-martial without a military judge 

may, for reasonable cause, grant a continuance to any party for 

such time, and as often, as may appear to be just. 
379 § 842 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, Sec. 2(16), Oct. 24, 1968, 82 Stat. 1339.) 

§ 841. Art. 41. Challenges 

(a)(1) The military judge and members of a general or special 

court-martial may be challenged by the accused or the trial counsel 

for cause stated to the court. The military judge, or, if none, the 

court, shall determine the relevancy and validity of challenges for 

cause, and may not receive a challenge to more than one person at 

a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. 

(2) If exercise of a challenge for cause reduces the court below 

the minimum number of members required by section 816 of this 

title (article 16), all parties shall (notwithstanding section 829 of 

this title (article 29)) either exercise or waive any challenge for 

cause then apparent against the remaining members of the court 

before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time. 

(b)(1) Each accused and the trial counsel are entitled initially 

to one peremptory challenge of members of the court. The military 

judge may not be challenged except for cause. 

(2) If exercise of a peremptory challenge reduces the court 

below the minimum number of members required by section 816 of 

this title (article 16), the parties shall (notwithstanding section 829 

of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining 

members of the court before additional members are detailed to the 

court. 

(c) Whenever additional members are detailed to the court, and 

after any challenges for cause against such additional members are 

presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously 

subject to peremptory challenge. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, Sec. 2(17), Oct. 24, 1968, 82 Stat. 1339; 

Pub. L. 101–510, div. A, title V, Sec. 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, 

div. A, title X, Sec. 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369.) 

§ 842. Art. 42. Oaths 

(a) Before performing their respective duties, military judges, 

members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense 

counsel, reporters, and interpreters shall take an oath to perform 

their duties faithfully. The form of the oath, the time and place of 

the taking thereof, the manner of recording the same, and whether 

the oath shall be taken for all cases in which these duties are to 

be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide 

that an oath to perform faithfully duties as a military judge, trial 

counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the 

duty, and if such an oath is taken it need not again be taken at 

the time the judge advocate or other person is detailed to that 

duty. 

(b) Each witness before a court-martial shall be examined on 

oath. 
§ 843 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 380 

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, Sec. 2(18), Oct. 24, 1968, 82 Stat. 1339; 

Pub. L. 98–209, Sec. 2(e), 3(f), Dec. 6, 1983, 97 Stat. 1393, 1395.) 

§ 843. Art. 43. Statute of limitations 

(a) A person charged with absence without leave or missing 

movement in time of war, with murder, rape, or rape of a child, or 

with any other offense punishable by death, may be tried and punished at any time without limitation. 

(b)(1) Except as otherwise provided in this section (article), a 

person charged with an offense is not liable to be tried by courtmartial if the offense was committed more than five years before 

the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. 

(2)(A) A person charged with having committed a child abuse 

offense against a child is liable to be tried by court-martial if the 

sworn charges and specifications are received during the life of the 

child or within five years after the date on which the offense was 

committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person. 

(B) In subparagraph (A), the term ‘‘child abuse offense’’ means 

an act that involves abuse of a person who has not attained the age 

of 16 years and constitutes any of the following offenses: 

(i) Any offense in violation of section 920 of this title (article 120). 

(ii) Maiming in violation of section 924 of this title (article 

124). 

(iii) Sodomy in violation of section 925 of this title (article 

125). 

(iv) Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128). 

(v) Kidnaping, indecent assault, assault with intent to 

commit murder, voluntary manslaughter, rape, or sodomy, or 

indecent acts or liberties with a child in violation of section 934 

of this title (article 134). 

(C) In subparagraph (A), the term ‘‘child abuse offense’’ includes an act that involves abuse of a person who has not attained 

the age of 18 years and would constitute an offense under chapter 

110 or 117 of title 18 or under section 1591 of that title. 

(3) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was 

committed more than two years before the imposition of punishment. 

(c) Periods in which the accused is absent without authority or 

fleeing from justice shall be excluded in computing the period of 

limitation prescribed in this section (article). 

(d) Periods in which the accused was absent from territory in 

which the United States has the authority to apprehend him, or in 

the custody of civil authorities, or in the hands of the enemy, shall 

be excluded in computing the period of limitation prescribed in this 

article. 

(e) For an offense the trial of which in time of war is certified 

to the President by the Secretary concerned to be detrimental to 

the prosecution of the war or inimical to the national security, the 
381 § 844 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

period of limitation prescribed in this article is extended to six 

months after the termination of hostilities as proclaimed by the 

President or by a joint resolution of Congress. 

(f) When the United States is at war, the running of any statute of limitations applicable to any offense under this chapter— 

(1) involving fraud or attempted fraud against the United 

States or any agency thereof in any manner, whether by conspiracy or not; 

(2) committed in connection with the acquisition, care, 

handling, custody, control, or disposition of any real or personal property of the United States; or 

(3) committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, 

subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of 

termination inventory by any war contractor or Government 

agency; 

is suspended until three years after the termination of hostilities 

as proclaimed by the President or by a joint resolution of Congress. 

(g)(1) If charges or specifications are dismissed as defective or 

insufficient for any cause and the period prescribed by the applicable statute of limitations— 

(A) has expired; or 

(B) will expire within 180 days after the date of dismissal 

of the charges and specifications, 

trial and punishment under new charges and specifications are not 

barred by the statute of limitations if the conditions specified in 

paragraph (2) are met. 

(2) The conditions referred to in paragraph (1) are that the 

new charges and specifications must— 

(A) be received by an officer exercising summary courtmartial jurisdiction over the command within 180 days after 

the dismissal of the charges or specifications; and 

(B) allege the same acts or omissions that were alleged in 

the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 99–661, div. A, title VIII, Sec. 805(a), (b), Nov. 

14, 1986, 100 Stat. 3908; Pub. L. 108–136, div. A, title V, Sec. 551, Nov. 24, 2003, 117 Stat. 

1481; Pub. L. 109–163, div. A, title V, Secs. 552(e), 553, Jan. 6, 2006, 119 Stat. 3263, 3264; Pub. 

L. 109–364, div. A, title X, Sec. 1071(a)(4), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 111–383, div. 

A, title X, Sec. 1075(b)(14), Jan. 7, 2011, 124 Stat. 4369.) 

§ 844. Art. 44. Former jeopardy 

(a) No person may, without his consent, be tried a second time 

for the same offense. 

(b) No proceeding in which an accused has been found guilty 

by a court-martial upon any charge or specification is a trial in the 

sense of this article until the finding of guilty has become final 

after review of the case has been fully completed. 

(c) A proceeding which, after the introduction of evidence but 

before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evi-
§ 845 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 382 

dence or witnesses without any fault of the accused is a trial in the 

sense of this article. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 52.) 

§ 845. Art. 45. Pleas of the accused 

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the 

plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, 

or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had 

pleaded not guilty. 

(b) A plea of guilty by the accused may not be received to any 

charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and 

accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, 

if permitted by regulations of the Secretary concerned, be entered 

immediately without vote. This finding shall constitute the finding 

of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall 

continue as though the accused had pleaded not guilty. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, Sec. 2(19), Oct. 24, 1968, 82 Stat. 1339.) 

§ 846. Art. 46. Opportunity to obtain witnesses and other 

evidence 

The trial counsel, the defense counsel, and the court-martial 

shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may 

prescribe. Process issued in court-martial cases to compel witnesses 

to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States 

having criminal jurisdiction may lawfully issue and shall run to 

any part of the United States, or the Commonwealths and possessions. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(6), Jan. 

6, 2006, 119 Stat. 3441.) 

§ 847. Art. 47. Refusal to appear or testify 

(a) Any person not subject to this chapter who— 

(1) has been duly subpenaed to appear as a witness before 

a court-martial, military commission, court of inquiry, or any 

other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board; 

(2) has been duly paid or tendered the fees and mileage of 

a witness at the rates allowed to witnesses attending the 

courts of the United States; and 

(3) willfully neglects or refuses to appear, or refuses to 

qualify as a witness or to testify or to produce any evidence 

which that person may have been legally subpenaed to 

produce; 

is guilty of an offense against the United States. 
383 § 849 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(b) Any person who commits an offense named in subsection (a) 

shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of 

the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the 

court’s discretion. 

(c) The United States attorney or the officer prosecuting for the 

United States in any such court of original criminal jurisdiction 

shall, upon the certification of the facts to him by the military 

court, commission, court of inquiry, or board, file an information 

against and prosecute any person violating this article. 

(d) The fees and mileage of witnesses shall be advanced or paid 

out of the appropriations for the compensation of witnesses. 

(Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104–106, div. A, title XI, Sec. 1111, Feb. 10, 

1996, 110 Stat. 461; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(5), Jan. 6, 2006, 119 Stat. 

3440.) 

§ 848. Art. 48. Contempts 

(a) AUTHORITY TO PUNISH CONTEMPT.—A judge detailed to a 

court-martial, a court of inquiry, the United States Court of Appeals for the Armed Forces, a military Court of Criminal Appeals, 

a provost court, or a military commission may punish for contempt 

any person who— 

(1) uses any menacing word, sign, or gesture in the presence of the judge during the proceedings of the court-martial, 

court, or military commission; 

(2) disturbs the proceedings of the court-martial, court, or 

military commission by any riot or disorder; or 

(3) willfully disobeys the lawful writ, process, order, rule, 

decree, or command of the court-martial, court, or military 

commission. 

(b) PUNISHMENT.—The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of 

$1,000, or both. 

(c) INAPPLICABILITY TO MILITARY COMMISSIONS UNDER CHAP- TER 47A.—This section does not apply to a military commission established under chapter 47A of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631; Pub. L. 111–383, div. A, title V, Sec. 542(a), Jan. 7, 2011, 124 Stat. 4218.) 

§ 849. Art. 49. Depositions 

(a) At any time after charges have been signed as provided in 

section 830 of this title (article 30), any party may take oral or 

written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being 

heard, an authority competent to convene a court-martial for the 

trial of those charges forbids it for good cause. If a deposition is to 

be taken before charges are referred for trial, such an authority 

may designate commissioned officers to represent the prosecution 

and the defense and may authorize those officers to take the deposition of any witness. 

(b) The party at whose instance a deposition is to be taken 

shall give to every other party reasonable written notice of the time 

and place for taking the deposition. 
§ 850 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 384 

(c) Depositions may be taken before and authenticated by any 

military or civil officer authorized by the laws of the United States 

or by the laws of the place where the deposition is taken to administer oaths. 

(d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the 

rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any military court or commission in any case not capital, or 

in any proceeding before a court of inquiry or military board, if it 

appears— 

(1) that the witness resides or is beyond the State, Commonwealth, or District of Columbia in which the court, commission, or board is ordered to sit, or beyond 100 miles from 

the place of trial or hearing; 

(2) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability 

to process, or other reasonable cause, is unable or refuses to 

appear and testify in person at the place of trial or hearing; 

or 

(3) that the present whereabouts of the witness is unknown. 

(e) Subject to subsection (d), testimony by deposition may be 

presented by the defense in capital cases. 

(f) Subject to subsection (d), a deposition may be read in evidence or, in the case of audiotape, videotape, or similar material, 

may be played in evidence in any case in which the death penalty 

is authorized but is not mandatory, whenever the convening authority directs that the case be treated as not capital, and in such 

a case a sentence of death may not be adjudged by the court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 90–632, Sec. 2(20), Oct. 24, 1968, 82 Stat. 1340; 

Pub. L. 98–209, Sec. 6(b), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 109–163, div. A, title X, Sec. 

1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.) 

§ 850. Art. 50. Admissibility of records of courts of inquiry 

(a) In any case not capital and not extending to the dismissal 

of a commissioned officer, the sworn testimony, contained in the 

duly authenticated record of proceedings of a court of inquiry, of a 

person whose oral testimony cannot be obtained, may, if otherwise 

admissible under the rules of evidence, be read in evidence by any 

party before a court-martial or military commission if the accused 

was a party before the court of inquiry and if the same issue was 

involved or if the accused consents to the introduction of such evidence. This section does not apply to a military commission established under chapter 47A of this title. 

(b) Such testimony may be read in evidence only by the defense 

in capital cases or cases extending to the dismissal of a commissioned officer. 

(c) Such testimony may also be read in evidence before a court 

of inquiry or a military board. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631.) 
385 § 851 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

§ 850a. Art. 50a. Defense of lack of mental responsibility 

(a) It is an affirmative defense in a trial by court-martial that, 

at the time of the commission of the acts constituting the offense, 

the accused, as a result of a severe mental disease or defect, was 

unable to appreciate the nature and quality or the wrongfulness of 

the acts. Mental disease or defect does not otherwise constitute a 

defense. 

(b) The accused has the burden of proving the defense of lack 

of mental responsibility by clear and convincing evidence. 

(c) Whenever lack of mental responsibility of the accused with 

respect to an offense is properly at issue, the military judge, or the 

president of a court-martial without a military judge, shall instruct 

the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused— 

(1) guilty; 

(2) not guilty; or 

(3) not guilty only by reason of lack of mental responsibility. 

(d) Subsection (c) does not apply to a court-martial composed 

of a military judge only. In the case of a court-martial composed 

of a military judge only, whenever lack of mental responsibility of 

the accused with respect to an offense is properly at issue, the military judge shall find the accused— 

(1) guilty; 

(2) not guilty; or 

(3) not guilty only by reason of lack of mental responsibility. 

(e) Notwithstanding the provisions of section 852 of this title 

(article 52), the accused shall be found not guilty only by reason 

of lack of mental responsibility if— 

(1) a majority of the members of the court-martial present 

at the time the vote is taken determines that the defense of 

lack of mental responsibility has been established; or 

(2) in the case of a court-martial composed of a military 

judge only, the military judge determines that the defense of 

lack of mental responsibility has been established. 

(Added Pub. L. 99–661, div. A, title VIII, Sec. 802(a)(1), Nov. 14, 1986, 100 Stat. 3905.) 

§ 851. Art. 51. Voting and rulings 

(a) Voting by members of a general or special court-martial on 

the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be 

by secret written ballot. The junior member of the court shall count 

the votes. The count shall be checked by the president, who shall 

forthwith announce the result of the ballot to the members of the 

court. 

(b) The military judge and, except for questions of challenge, 

the president of a court-martial without a military judge shall rule 

upon all questions of law and all interlocutory questions arising 

during the proceedings. Any such ruling made by the military 

judge upon any question of law or any interlocutory question other 

than the factual issue of mental responsibility of the accused, or by 
§ 852 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 386 

the president of a court-martial without a military judge upon any 

question of law other than a motion for a finding of not guilty, is 

final and constitutes the ruling of the court. However, the military 

judge or the president of a court-martial without a military judge 

may change his ruling at any time during trial. Unless the ruling 

is final, if any member objects thereto, the court shall be cleared 

and closed and the question decided by a voice vote as provided in 

section 852 of this title (article 52), beginning with the junior in 

rank. 

(c) Before a vote is taken on the findings, the military judge 

or the president of a court-martial without a military judge shall, 

in the presence of the accused and counsel, instruct the members 

of the court as to the elements of the offense and charge them— 

(1) that the accused must be presumed to be innocent until 

his guilt is established by legal and competent evidence beyond 

reasonable doubt; 

(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted; 

(3) that, if there is a reasonable doubt as to the degree of 

guilt, the finding must be in a lower degree as to which there 

is no reasonable doubt; and 

(4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States. 

(d) Subsections (a), (b), and (c) do not apply to a court-martial 

composed of a military judge only. The military judge of such a 

court-martial shall determine all questions of law and fact arising 

during the proceedings and, if the accused is convicted, adjudge an 

appropriate sentence. The military judge of such a court-martial 

shall make a general finding and shall in addition on request find 

the facts specially. If an opinion or memorandum of decision is 

filed, it will be sufficient if the findings of fact appear therein. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 90–632, Sec. 2(21), Oct. 24, 1968, 82 Stat. 1340.) 

§ 852. Art. 52. Number of votes required 

(a)(1) No person may be convicted of an offense for which the 

death penalty is made mandatory by law, except by the concurrence of all the members of the court-martial present at the time 

the vote is taken. 

(2) No person may be convicted of any other offense, except as 

provided in section 845(b) of this title (article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote 

is taken. 

(b)(1) No person may be sentenced to suffer death, except by 

the concurrence of all the members of the court-martial present at 

the time the vote is taken and for an offense in this chapter expressly made punishable by death. 

(2) No person may be sentenced to life imprisonment or to confinement for more than ten years, except by the concurrence of 

three-fourths of the members present at the time the vote is taken. 

(3) All other sentences shall be determined by the concurrence 

of two-thirds of the members present at the time the vote is taken. 

(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, 
387 § 854 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made 

by any lesser vote which indicates that the reconsideration is not 

opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. 

A tie vote on a motion for a finding of not guilty or on a motion 

relating to the question of the accused’s sanity is a determination 

against the accused. A tie vote on any other question is a determination in favor of the accused. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90–632, Sec. 2(22), Oct. 24, 1968, 82 Stat. 1340.) 

§ 853. Art. 53. Court to announce action 

A court-martial shall announce its findings and sentence to the 

parties as soon as determined. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.) 

§ 854. Art. 54. Record of trial 

(a) Each general court-martial shall keep a separate record of 

the proceedings in each case brought before it, and the record shall 

be authenticated by the signature of the military judge. If the 

record cannot be authenticated by the military judge by reason of 

his death, disability, or absence, it shall be authenticated by the 

signature of the trial counsel or by that of a member if the trial 

counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military 

judge the record shall be authenticated by the court reporter under 

the same conditions which would impose such a duty on a member 

under this subsection. 

(b) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be 

authenticated in the manner required by such regulations as the 

President may prescribe. 

(c)(1) A complete record of the proceedings and testimony shall 

be prepared— 

(A) in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if 

the sentence adjudged does not include a discharge) any other 

punishment which exceeds that which may otherwise be adjudged by a special court-martial; and 

(B) in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge, confinement 

for more than six months, or forfeiture of pay for more than 

six months. 

(2) In all other court-martial cases, the record shall contain 

such matters as may be prescribed by regulations of the President. 

(d) A copy of the record of the proceedings of each general and 

special court-martial shall be given to the accused as soon as it is 

authenticated. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, Sec. 2(23), Oct. 24, 1968, 82 Stat. 1340; 

Pub. L. 98–209, Sec. 6(c), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 106–398, Sec. 1 [[div. A], title 

V, Sec. 555(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127.) 
§ 855 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 388 

SUBCHAPTER VIII—SENTENCES 

Sec. Art.

855. 55. Cruel and unusual punishments prohibited. 

856. 56. Maximum limits. 

856a. 56a. Sentence of confinement for life without eligibility for parole. 

857. 57. Effective date of sentences. 

857a. 57a. Deferment of sentences. 

858. 58. Execution of confinement. 

858a. 58a. Sentences: reduction in enlisted grade upon approval. 

858b. 58b. Sentences: forfeiture of pay and allowances during confinement. 

§ 855. Art. 55. Cruel and unusual punishments prohibited 

Punishment by flogging, or by branding, marking, or tattooing 

on the body, or any other cruel or unusual punishment, may not 

be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for 

the purpose of safe custody, is prohibited. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.) 

§ 856. Art. 56. Maximum limits 

The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe 

for that offense. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 56.) 

§ 856a. Art. 56a. Sentence of confinement for life without eligibility for parole 

(a) For any offense for which a sentence of confinement for life 

may be adjudged, a court-martial may adjudge a sentence of confinement for life without eligibility for parole. 

(b) An accused who is sentenced to confinement for life without 

eligibility for parole shall be confined for the remainder of the 

accused’s life unless— 

(1) the sentence is set aside or otherwise modified as a result of— 

(A) action taken by the convening authority, the Secretary concerned, or another person authorized to act 

under section 860 of this title (article 60); or 

(B) any other action taken during post-trial procedure 

and review under any other provision of subchapter IX; 

(2) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court 

of Appeals for the Armed Forces, or the Supreme Court; or 

(3) the accused is pardoned. 

(Added Pub. L. 105–85, div. A, title V, Sec. 581(a)(1), Nov. 18, 1997, 111 Stat. 1759.) 

§ 857. Art. 57. Effective date of sentences 

(a)(1) Any forfeiture of pay or allowances or reduction in grade 

that is included in a sentence of a court-martial takes effect on the 

earlier of— 

(A) the date that is 14 days after the date on which the 

sentence is adjudged; or 

(B) the date on which the sentence is approved by the convening authority. 
389 § 857a CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(2) On application by an accused, the convening authority may 

defer a forfeiture of pay or allowances or reduction in grade that 

would otherwise become effective under paragraph (1)(A) until the 

date on which the sentence is approved by the convening authority. 

Such a deferment may be rescinded at any time by the convening 

authority. 

(3) A forfeiture of pay or allowances shall be applicable to pay 

and allowances accruing on and after the date on which the sentence takes effect. 

(4) In this subsection, the term ‘‘convening authority’’, with respect to a sentence of a court-martial, means any person authorized 

to act on the sentence under section 860 of this title (article 60). 

(b) Any period of confinement included in a sentence of a courtmartial begins to run from the date the sentence is adjudged by the 

court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the 

service of the term of confinement. 

(c) All other sentences of courts-martial are effective on the 

date ordered executed. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, Sec. 2(24), Oct. 24, 1968, 82 Stat. 1341; 

Pub. L. 98–209, Sec. 5(f), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 102–484, div. A, title X, Sec. 1064, 

Oct. 23, 1992, 106 Stat. 2505; Pub. L. 104–106, div. A, title XI, Sec. 1121(a), 1123(a)(1), (2), Feb. 

10, 1996, 110 Stat. 462–464.) 

§ 857a. Art. 57a. Deferment of sentences 

(a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole 

discretion defer service of the sentence to confinement. The 

deferment shall terminate when the sentence is ordered executed. 

The deferment may be rescinded at any time by the officer who 

granted it or, if the accused is no longer under his jurisdiction, by 

the officer exercising general court-martial jurisdiction over the 

command to which the accused is currently assigned. 

(b)(1) In any case in which a court-martial sentences a person 

referred to in paragraph (2) to confinement, the convening authority may defer the service of the sentence to confinement, without 

the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country 

referred to in that paragraph. 

(2) Paragraph (1) applies to a person subject to this chapter 

who— 

(A) while in the custody of a State or foreign country is 

temporarily returned by that State or foreign country to the 

armed forces for trial by court-martial; and 

(B) after the court-martial, is returned to that State or foreign country under the authority of a mutual agreement or 

treaty, as the case may be. 

(3) In this subsection, the term ‘‘State’’ includes the District of 

Columbia and any commonwealth, territory, or possession of the 

United States. 

(c) In any case in which a court-martial sentences a person to 

confinement and the sentence to confinement has been ordered exe-
§ 858 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 390 

cuted, but in which review of the case under section 867(a)(2) of 

this title (article 67(a)(2)) is pending, the Secretary concerned may 

defer further service of the sentence to confinement while that review is pending. 

(Added Pub. L. 90–632, Sec. 2(24), Oct. 24, 1968, 82 Stat. 1341, Sec. 857(d); amended Pub. L. 

102–484, div. A, title X, Sec. 1064, Oct. 23, 1992, 106 Stat. 2505; renumbered Sec. 857a and 

amended Pub. L. 104–106, div. A, title XI, Sec. 1123(a), Feb. 10, 1996, 110 Stat. 463.) 

§ 858. Art. 58. Execution of confinement 

(a) Under such instructions as the Secretary concerned may 

prescribe, a sentence of confinement adjudged by a court-martial or 

other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal 

has been executed, may be carried into execution by confinement 

in any place of confinement under the control of any of the armed 

forces or in any penal or correctional institution under the control 

of the United States, or which the United States may be allowed 

to use. Persons so confined in a penal or correctional institution not 

under the control of one of the armed forces are subject to the same 

discipline and treatment as persons confined or committed by the 

courts of the United States or of the State, District of Columbia, 

or place in which the institution is situated. 

(b) The omission of the words ‘‘hard labor’’ from any sentence 

of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor 

as a part of the punishment. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, Sec. 1057(a)(3), Jan. 

6, 2006, 119 Stat. 3440.) 

§ 858a. Art. 58a. Sentences: reduction in enlisted grade upon 

approval 

(a) Unless otherwise provided in regulations to be prescribed 

by the Secretary concerned, a court-martial sentence of an enlisted 

member in a pay grade above E–1, as approved by the convening 

authority, that includes— 

(1) a dishonorable or bad-conduct discharge; 

(2) confinement; or 

(3) hard labor without confinement; 

reduces that member to pay grade E–1, effective on the date of that 

approval. 

(b) If the sentence of a member who is reduced in pay grade 

under subsection (a) is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection 

(a)(1), (2), or (3), the rights and privileges of which he was deprived 

because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so 

reduced. 

(Added Pub. L. 86–633, Sec. 1(1), July 12, 1960, 74 Stat. 468.) 

§ 858b. Art. 58b. Sentences: forfeiture of pay and allowances 

during confinement 

(a)(1) A court-martial sentence described in paragraph (2) shall 

result in the forfeiture of pay, or of pay and allowances, due that 
391 § 858b CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

member during any period of confinement or parole. The forfeiture 

pursuant to this section shall take effect on the date determined 

under section 857(a) of this title (article 57(a)) and may be deferred 

as provided in that section. The pay and allowances forfeited, in 

the case of a general court-martial, shall be all pay and allowances 

due that member during such period and, in the case of a special 

court-martial, shall be two-thirds of all pay due that member during such period. 

(2) A sentence covered by this section is any sentence that includes— 

(A) confinement for more than six months or death; or 

(B) confinement for six months or less and a dishonorable 

or bad-conduct discharge or dismissal. 

(b) In a case involving an accused who has dependents, the 

convening authority or other person acting under section 860 of 

this title (article 60) may waive any or all of the forfeitures of pay 

and allowances required by subsection (a) for a period not to exceed 

six months. Any amount of pay or allowances that, except for a 

waiver under this subsection, would be forfeited shall be paid, as 

the convening authority or other person taking action directs, to 

the dependents of the accused. 

(c) If the sentence of a member who forfeits pay and allowances 

under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 

(a)(2), the member shall be paid the pay and allowances which the 

member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect. 

(Added Pub. L. 104–106, div. A, title XI, Sec. 1122(a)(1), Feb. 10, 1996, 110 Stat. 463; amended 

Pub. L. 104–201, div. A, title X, Sec. 1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105– 

85, div. A, title X, Sec. 1073(a)(9), Nov. 18, 1997, 111 Stat. 1900.) 

SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW 

OF COURTS-MARTIAL 

Sec. Art. 

859. 59. Error of law; lesser included offense. 

860. 60. Action by the convening authority. 

861. 61. Waiver or withdrawal of appeal. 

862. 62. Appeal by the United States. 

863. 63. Rehearings. 

864. 64. Review by a judge advocate. 

865. 65. Disposition of records. 

866. 66. Review by Court of Criminal Appeals. 

867. 67. Review by the Court of Appeals for the Armed Forces. 

867a. 67a. Review by the Supreme Court. 

868. 68. Branch offices. 

869. 69. Review in the office of the Judge Advocate General. 

870. 70. Appellate counsel. 

871. 71. Execution of sentence; suspension of sentence. 

872. 72. Vacation of suspension. 

873. 73. Petition for a new trial. 

874. 74. Remission and suspension. 

875. 75. Restoration. 

876. 76. Finality of proceedings, findings, and sentences. 

876a. 76a. Leave required to be taken pending review of certain court-martial 

convictions. 

876b. 76b. Lack of mental capacity or mental responsibility: commitment of 

accused for examination and treatment. 
§ 859 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 392 

§ 859. Art. 59. Error of law; lesser included offense 

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially 

prejudices the substantial rights of the accused. 

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of 

the finding as includes a lesser included offense. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.) 

§ 860. Art. 60. Action by the convening authority 

(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. 

(b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to 

the findings and the sentence. Any such submission shall be in 

writing. Except in a summary court-martial case, such a submission shall be made within 10 days after the accused has been given 

an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). 

In a summary court-martial case, such a submission shall be made 

within seven days after the sentence is announced. 

(2) If the accused shows that additional time is required for the 

accused to submit such matters, the convening authority or other 

person taking action under this section, for good cause, may extend 

the applicable period under paragraph (1) for not more than an additional 20 days. 

(3) In a summary court-martial case, the accused shall be 

promptly provided a copy of the record of trial for use in preparing 

a submission authorized by paragraph (1). 

(4) The accused may waive his right to make a submission to 

the convening authority under paragraph (1). Such a waiver must 

be made in writing and may not be revoked. For the purposes of 

subsection (c)(2), the time within which the accused may make a 

submission under this subsection shall be deemed to have expired 

upon the submission of such a waiver to the convening authority. 

(c)(1) The authority under this section to modify the findings 

and sentence of a court-martial is a matter of command prerogative 

involving the sole discretion of the convening authority. Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person 

exercising general court-martial jurisdiction may act under this 

section in place of the convening authority. 

(2) Action on the sentence of a court-martial shall be taken by 

the convening authority or by another person authorized to act 

under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any 

matters submitted by the accused under subsection (b) or after the 

time for submitting such matters expires, whichever is earlier. The 

convening authority or other person taking such action, in his sole 

discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. 
393 § 860 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(3) Action on the findings of a court-martial by the convening 

authority or other person acting on the sentence is not required. 

However, such person, in his sole discretion, may— 

(A) dismiss any charge or specification by setting aside a 

finding of guilty thereto; or 

(B) change a finding of guilty to a charge or specification 

to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. 

(d) Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section 

shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such 

record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such 

matters as the President may prescribe by regulation and shall be 

served on the accused, who may submit any matter in response 

under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation 

waives the right to object thereto. 

(e)(1) The convening authority or other person taking action 

under this section, in his sole discretion, may order a proceeding 

in revision or a rehearing. 

(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the 

findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, 

may a proceeding in revision— 

(A) reconsider a finding of not guilty of any specification 

or a ruling which amounts to a finding of not guilty; 

(B) reconsider a finding of not guilty of any charge, unless 

there has been a finding of guilty under a specification laid 

under that charge, which sufficiently alleges a violation of 

some article of this chapter; or 

(C) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. 

(3) A rehearing may be ordered by the convening authority or 

other person taking action under this section if he disapproves the 

findings and sentence and states the reasons for disapproval of the 

findings. If such person disapproves the findings and sentence and 

does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of 

sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority 

or other person taking action under this subsection disapproves the 

sentence. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 98–209, Sec. 5(a)(1), Dec. 6, 1983, 97 Stat. 1395; 

Pub. L. 99–661, div. A, title VIII, Sec. 806(a)–(c), Nov. 14, 1986, 100 Stat. 3908, 3909; Pub. L. 

104–106, div. A, title XI, Sec. 1132, Feb. 10, 1996, 110 Stat. 464.) 
§ 861 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 394 

§ 861. Art. 61. Waiver or withdrawal of appeal 

(a) In each case subject to appellate review under section 866 

or 869(a) of this title (article 66 or 69(a)), except a case in which 

the sentence as approved under section 860(c) of this title (article 

60(c)) includes death, the accused may file with the convening authority a statement expressly waiving the right of the accused to 

such review. Such a waiver shall be signed by both the accused and 

by defense counsel and must be filed within 10 days after the action under section 860(c) of this title (article 60(c)) is served on the 

accused or on defense counsel. The convening authority or other 

person taking such action, for good cause, may extend the period 

for such filing by not more than 30 days. 

(b) Except in a case in which the sentence as approved under 

section 860(c) of this title (article 60(c)) includes death, the accused 

may withdraw an appeal at any time. 

(c) A waiver of the right to appellate review or the withdrawal 

of an appeal under this section bars review under section 866 or 

869(a) of this title (article 66 or 69(a)). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, Sec. 5(b)(1), Dec. 6, 1983, 97 Stat. 1397.) 

§ 862. Art. 62. Appeal by the United States 

(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the 

United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect 

to the charge or specification): 

(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. 

(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. 

(C) An order or ruling which directs the disclosure of classified information. 

(D) An order or ruling which imposes sanctions for nondisclosure of classified information. 

(E) A refusal of the military judge to issue a protective 

order sought by the United States to prevent the disclosure of 

classified information. 

(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by 

appropriate authority. 

(2) An appeal of an order or ruling may not be taken unless 

the trial counsel provides the military judge with written notice of 

appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel 

that the appeal is not taken for the purpose of delay and (if the 

order or ruling appealed is one which excludes evidence) that the 

evidence excluded is substantial proof of a fact material in the proceeding. 

(3) An appeal under this section shall be diligently prosecuted 

by appellate Government counsel. 

(b) An appeal under this section shall be forwarded by a means 

prescribed under regulations of the President directly to the Court 

of Criminal Appeals and shall, whenever practicable, have priority 
395 § 864 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

over all other proceedings before that court. In ruling on an appeal 

under this section, the Court of Criminal Appeals may act only 

with respect to matters of law, notwithstanding section 866(c) of 

this title (article 66(c)). 

(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a 

speedy trial unless an appropriate authority determines that the 

appeal was filed solely for the purpose of delay with the knowledge 

that it was totally frivolous and without merit. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, Sec. 5(c)(1), Dec. 6, 1983, 97 Stat. 1398; 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, 

div. A, title XI, Sec. 1141(a), Feb. 10, 1996, 110 Stat. 466.) 

§ 863. Art. 63. Rehearings 

Each rehearing under this chapter shall take place before a 

court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may 

not be tried for any offense of which he was found not guilty by 

the first court-martial, and no sentence in excess of or more severe 

than the original sentence may be approved, unless the sentence is 

based upon a finding of guilty of an offense not considered upon the 

merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after 

the first court-martial was in accordance with a pretrial agreement 

and the accused at the rehearing changes his plea with respect to 

the charges or specifications upon which the pretrial agreement 

was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications 

may include any punishment not in excess of that lawfully adjudged at the first court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, Sec. 5(d), Dec. 6, 1983, 97 Stat. 1398; 

Pub. L. 102–484, div. A, title X, Sec. 1065, Oct. 23, 1992, 106 Stat. 2506.) 

§ 864. Art. 64. Review by a judge advocate 

(a) Each case in which there has been a finding of guilty that 

is not reviewed under section 866 or 869(a) of this title (article 66 

or 69(a)) shall be reviewed by a judge advocate under regulations 

of the Secretary concerned. A judge advocate may not review a case 

under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or 

counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall 

contain the following: 

(1) Conclusions as to whether— 

(A) the court had jurisdiction over the accused and the 

offense; 

(B) the charge and specification stated an offense; and 

(C) the sentence was within the limits prescribed as a 

matter of law. 

(2) A response to each allegation of error made in writing 

by the accused. 

(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an 

opinion as to whether corrective action is required as a matter 

of law. 
§ 865 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 396 

(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person 

exercising general court-martial jurisdiction over the accused at the 

time the court was convened (or to that person’s successor in command) if— 

(1) the judge advocate who reviewed the case recommends 

corrective action; 

(2) the sentence approved under section 860(c) of this title 

(article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or 

(3) such action is otherwise required by regulations of the 

Secretary concerned. 

(c)(1) The person to whom the record of trial and related documents are sent under subsection (b) may— 

(A) disapprove or approve the findings or sentence, in 

whole or in part; 

(B) remit, commute, or suspend the sentence in whole or 

in part; 

(C) except where the evidence was insufficient at the trial 

to support the findings, order a rehearing on the findings, on 

the sentence, or on both; or 

(D) dismiss the charges. 

(2) If a rehearing is ordered but the convening authority finds 

a rehearing impracticable, he shall dismiss the charges. 

(3) If the opinion of the judge advocate in the judge advocate’s 

review under subsection (a) is that corrective action is required as 

a matter of law and if the person required to take action under 

subsection (b) does not take action that is at least as favorable to 

the accused as that recommended by the judge advocate, the record 

of trial and action thereon shall be sent to the Judge Advocate 

General for review under section 869(b) of this title (article 69(b)). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, Sec. 7(a)(1), Dec. 6, 1983, 97 Stat. 1401.) 

§ 865. Art. 65. Disposition of records 

(a) In a case subject to appellate review under section 866 or 

869(a) of this title (article 66 or 69(a)) in which the right to such 

review is not waived, or an appeal is not withdrawn, under section 

861 of this title (article 61), the record of trial and action thereon 

shall be transmitted to the Judge Advocate General for appropriate 

action. 

(b) Except as otherwise required by this chapter, all other 

records of trial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90–179, Sec. 1(6), Dec. 8, 1967, 81 Stat. 546; 

Pub. L. 90–632, Sec. 2(26), Oct. 24, 1968, 82 Stat. 1341; Pub. L. 96–513, title V, Sec. 511(25), 

Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–209, Sec. 6(d)(1), Dec. 6, 1983, 97 Stat. 1401.) 

§ 866. Art. 66. Review by Court of Criminal Appeals 

(a) Each Judge Advocate General shall establish a Court of 

Criminal Appeals which shall be composed of one or more panels, 

and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial 

cases, the court may sit in panels or as a whole in accordance with 

rules prescribed under subsection (f). Any decision of a panel may 
397 § 866 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

be reconsidered by the court sitting as a whole in accordance with 

such rules. Appellate military judges who are assigned to a Court 

of Criminal Appeals may be commissioned officers or civilians, each 

of whom must be a member of a bar of a Federal court or of the 

highest court of a State. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the 

Court of Criminal Appeals established by him. The chief judge 

shall determine on which panels of the court the appellate judges 

assigned to the court will serve and which military judge assigned 

to the court will act as the senior judge on each panel. 

(b) The Judge Advocate General shall refer to a Court of Criminal Appeals the record in each case of trial by court-martial— 

(1) in which the sentence, as approved, extends to death, 

dismissal of a commissioned officer, cadet, or midshipman, dishonorable or bad-conduct discharge, or confinement for one 

year or more; and 

(2) except in the case of a sentence extending to death, the 

right to appellate review has not been waived or an appeal has 

not been withdrawn under section 861 of this title (article 61). 

(c) In a case referred to it, the Court of Criminal Appeals may 

act only with respect to the findings and sentence as approved by 

the convening authority. It may affirm only such findings of guilty, 

and the sentence or such part or amount of the sentence, as it finds 

correct in law and fact and determines, on the basis of the entire 

record, should be approved. In considering the record, it may weigh 

the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and 

heard the witnesses. 

(d) If the Court of Criminal Appeals sets aside the findings and 

sentence, it may, except where the setting aside is based on lack 

of sufficient evidence in the record to support the findings, order 

a rehearing. If it sets aside the findings and sentence and does not 

order a rehearing, it shall order that the charges be dismissed. 

(e) The Judge Advocate General shall, unless there is to be further action by the President, the Secretary concerned, the Court of 

Appeals for the Armed Forces, or the Supreme Court, instruct the 

convening authority to take action in accordance with the decision 

of the Court of Criminal Appeals. If the Court of Criminal Appeals 

has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges. 

(f) The Judge Advocates General shall prescribe uniform rules 

of procedure for Courts of Criminal Appeals and shall meet periodically to formulate policies and procedure in regard to review of 

court-martial cases in the offices of the Judge Advocates General 

and by Courts of Criminal Appeals. 

(g) No member of a Court of Criminal Appeals shall be required, or on his own initiative be permitted, to prepare, approve, 

disapprove, review, or submit, with respect to any other member of 

the same or another Court of Criminal Appeals, an effectiveness, 

fitness, or efficiency report, or any other report or document used 

in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in 

determining the assignment or transfer of a member of the armed 
§ 867 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 398 

forces, or in determining whether a member of the armed forces 

should be retained on active duty. 

(h) No member of a Court of Criminal Appeals shall be eligible 

to review the record of any trial if such member served as investigating officer in the case or served as a member of the court-martial before which such trial was conducted, or served as military 

judge, trial or defense counsel, or reviewing officer of such trial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 59; Pub. L. 90–632, Sec. 2(27), Oct. 24, 1968, 82 Stat. 1341; 

Pub. L. 98–209, Sec. 7(b), (c), 10(c)(1), Dec. 6, 1983, 97 Stat. 1402, 1406; Pub. L. 103–337, div. 

A, title IX, Sec. 924(b)(2), (c)(1), (4)(A), Oct. 5, 1994, 108 Stat. 2831, 2832; Pub. L. 104–106, div. 

A, title XI, Sec. 1153, Feb. 10, 1996, 110 Stat. 468.) 

§ 867. Art. 67. Review by the Court of Appeals for the Armed 

Forces 

(a) The Court of Appeals for the Armed Forces shall review the 

record in— 

(1) all cases in which the sentence, as affirmed by a Court 

of Criminal Appeals, extends to death; 

(2) all cases reviewed by a Court of Criminal Appeals 

which the Judge Advocate General orders sent to the Court of 

Appeals for the Armed Forces for review; and 

(3) all cases reviewed by a Court of Criminal Appeals in 

which, upon petition of the accused and on good cause shown, 

the Court of Appeals for the Armed Forces has granted a review. 

(b) The accused may petition the Court of Appeals for the 

Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of— 

(1) the date on which the accused is notified of the decision 

of the Court of Criminal Appeals; or 

(2) the date on which a copy of the decision of the Court 

of Criminal Appeals, after being served on appellate counsel of 

record for the accused (if any), is deposited in the United 

States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address 

listed for the accused in his official service record. 

The Court of Appeals for the Armed Forces shall act upon such a 

petition promptly in accordance with the rules of the court. 

(c) In any case reviewed by it, the Court of Appeals for the 

Armed Forces may act only with respect to the findings and sentence as approved by the convening authority and as affirmed or 

set aside as incorrect in law by the Court of Criminal Appeals. In 

a case which the Judge Advocate General orders sent to the Court 

of Appeals for the Armed Forces, that action need be taken only 

with respect to the issues raised by him. In a case reviewed upon 

petition of the accused, that action need be taken only with respect 

to issues specified in the grant of review. The Court of Appeals for 

the Armed Forces shall take action only with respect to matters of 

law. 

(d) If the Court of Appeals for the Armed Forces sets aside the 

findings and sentence, it may, except where the setting aside is 

based on lack of sufficient evidence in the record to support the 

findings, order a rehearing. If it sets aside the findings and sen-
399 § 869 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

tence and does not order a rehearing, it shall order that the 

charges be dismissed. 

(e) After it has acted on a case, the Court of Appeals for the 

Armed Forces may direct the Judge Advocate General to return the 

record to the Court of Criminal Appeals for further review in accordance with the decision of the court. Otherwise, unless there is 

to be further action by the President or the Secretary concerned, 

the Judge Advocate General shall instruct the convening authority 

to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing 

impracticable, he may dismiss the charges. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 60; Pub. L. 88–426, title IV, Sec. 403(j), Aug. 14, 1964, 78 

Stat. 434; Pub. L. 90–340, Sec. 1, June 15, 1968, 82 Stat. 178; Pub. L. 90–632, Sec. 2(28), Oct. 

24, 1968, 82 Stat. 1342; Pub. L. 96–579, Sec. 12(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 97– 

81, Sec. 5, Nov. 20, 1981, 95 Stat. 1088; Pub. L. 97–295, Sec. 1(12), Oct. 12, 1982, 96 Stat. 1289; 

Pub. L. 98–209, Sec. 7(d), 9(a), 10(c)(2), 13(d), Dec. 6, 1983, 97 Stat. 1402, 1404, 1406, 1408; 

Pub. L. 100–26, Sec. 7(a)(2), Apr. 21, 1987, 101 Stat. 275; Pub. L. 100–456, div. A, title VII, 

Sec. 722(a), (c), Sept. 29, 1988, 102 Stat. 2002, 2003; Pub. L. 101–189, div. A, title XIII, Sec. 

1301(a), Nov. 29, 1989, 103 Stat. 1569; Pub. L. 103–337, div. A, title IX, Sec. 924(c)(1), (2), 

(4)(B), Oct. 5, 1994, 108 Stat. 2831, 2832.) 

§ 867a. Art. 67a. Review by the Supreme Court 

(a) Decisions of the United States Court of Appeals for the 

Armed Forces are subject to review by the Supreme Court by writ 

of certiorari as provided in section 1259 of title 28. The Supreme 

Court may not review by a writ of certiorari under this section any 

action of the Court of Appeals for the Armed Forces in refusing to 

grant a petition for review. 

(b) The accused may petition the Supreme Court for a writ of 

certiorari without prepayment of fees and costs or security therefor 

and without filing the affidavit required by section 1915(a) of title 

28. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(b), Nov. 29, 1989, 103 Stat. 1569; amended 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.) 

§ 868. Art. 68. Branch offices 

The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with 

the consent of the Judge Advocate General, may establish a Court 

of Criminal Appeals with one or more panels. That Assistant Judge 

Advocate General and any Court of Criminal Appeals established 

by him may perform for that command under the general supervision of the Judge Advocate General, the respective duties which 

the Judge Advocate General and a Court of Criminal Appeals established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring 

approval by the President. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90–632, Sec. 2(29), Oct. 24, 1968, 82 Stat. 1342; 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 869. Art. 69. Review in the office of the Judge Advocate 

General 

(a) The record of trial in each general court-martial that is not 

otherwise reviewed under section 866 of this title (article 66) shall 

be examined in the office of the Judge Advocate General if there 

is a finding of guilty and the accused does not waive or withdraw 
§ 870 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 400 

his right to appellate review under section 861 of this title (article 

61). If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the 

Judge Advocate General may modify or set aside the findings or 

sentence or both. 

(b) The findings or sentence, or both, in a court-martial case 

not reviewed under subsection (a) or under section 866 of this title 

(article 66) may be modified or set aside, in whole or in part, by 

the Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or 

the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be 

filed in the office of the Judge Advocate General by the accused on 

or before the last day of the two-year period beginning on the date 

the sentence is approved under section 860(c) of this title (article 

60(c)), unless the accused establishes good cause for failure to file 

within that time. 

(c) If the Judge Advocate General sets aside the findings or 

sentence, he may, except when the setting aside is based on lack 

of sufficient evidence in the record to support the findings, order 

a rehearing. If he sets aside the findings and sentence and does not 

order a rehearing, he shall order that the charges be dismissed. If 

the Judge Advocate General orders a rehearing but the convening 

authority finds a rehearing impractical, the convening authority 

shall dismiss the charges. 

(d) A Court of Criminal Appeals may review, under section 866 

of this title (article 66)— 

(1) any court-martial case which (A) is subject to action by 

the Judge Advocate General under this section, and (B) is sent 

to the Court of Criminal Appeals by order of the Judge Advocate General; and 

(2) any action taken by the Judge Advocate General under 

this section in such case. 

(e) Notwithstanding section 866 of this title (article 66), in any 

case reviewed by a Court of Criminal Appeals under this section, 

the Court may take action only with respect to matters of law. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 61; Pub. L. 90–632, Sec. 2(30), Oct. 24, 1968, 82 Stat. 1342; 

Pub. L. 97–81, Sec. 6, Nov. 20, 1981, 95 Stat. 1089; Pub. L. 98–209, Sec. 7(e)(1), Dec. 6, 1983, 

97 Stat. 1402; Pub. L. 101–189, div. A, title XIII, Sec. 1302(a), 1304(b)(1), Nov. 29, 1989, 103 

Stat. 1576, 1577; Pub. L. 103–337, div. A, title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 870. Art. 70. Appellate counsel 

(a) The Judge Advocate General shall detail in his office one 

or more commissioned officers as appellate Government counsel, 

and one or more commissioned officers as appellate defense counsel, who are qualified under section 827(b)(1) of this title (article 

27(b)(1)). 

(b) Appellate Government counsel shall represent the United 

States before the Court of Criminal Appeals or the Court of Appeals for the Armed Forces when directed to do so by the Judge Advocate General. Appellate Government counsel may represent the 

United States before the Supreme Court in cases arising under this 

chapter when requested to do so by the Attorney General. 
401 § 871 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(c) Appellate defense counsel shall represent the accused before 

the Court of Criminal Appeals, the Court of Appeals for the Armed 

Forces, or the Supreme Court— 

(1) when requested by the accused; 

(2) when the United States is represented by counsel; or 

(3) when the Judge Advocate General has sent the case to 

the Court of Appeals for the Armed Forces. 

(d) The accused has the right to be represented before the 

Court of Criminal Appeals, the Court of Appeals for the Armed 

Forces, or the Supreme Court by civilian counsel if provided by 

him. 

(e) Military appellate counsel shall also perform such other 

functions in connection with the review of court martial cases as 

the Judge Advocate General directs. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, Sec. 2(31), Oct. 24, 1968, 82 Stat. 1342; 

Pub. L. 98–209, Sec. 10(c)(3), Dec. 6, 1983, 97 Stat. 1406; Pub. L. 103–337, div. A, title IX, Sec. 

924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 871. Art. 71. Execution of sentence; suspension of sentence 

(a) If the sentence of the court-martial extends to death, that 

part of the sentence providing for death may not be executed until 

approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he 

sees fit. That part of the sentence providing for death may not be 

suspended. 

(b) If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that 

part of the sentence providing for dismissal may not be executed 

until approved by the Secretary concerned or such Under Secretary 

or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant 

Secretary, as the case may be, may commute, remit, or suspend the 

sentence, or any part of the sentence, as he sees fit. In time of war 

or national emergency he may commute a sentence of dismissal to 

reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six 

months thereafter. 

(c)(1) If a sentence extends to death, dismissal, or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, 

under section 861 of this title (article 61), that part of the sentence 

extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to 

the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A 

judgment as to legality of the proceedings is final in such cases 

when review is completed by a Court of Criminal Appeals and— 

(A) the time for the accused to file a petition for review by 

the Court of Appeals for the Armed Forces has expired and the 

accused has not filed a timely petition for such review and the 

case is not otherwise under review by that Court; 

(B) such a petition is rejected by the Court of Appeals for 

the Armed Forces; or 
§ 872 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 402 

(C) review is completed in accordance with the judgment 

of the Court of Appeals for the Armed Forces and— 

(i) a petition for a writ of certiorari is not filed within 

the time limits prescribed by the Supreme Court; 

(ii) such a petition is rejected by the Supreme Court; 

or 

(iii) review is otherwise completed in accordance with 

the judgment of the Supreme Court. 

(2) If a sentence extends to dismissal or a dishonorable or bad 

conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of 

this title (article 61), that part of the sentence extending to dismissal or a bad-conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action 

on that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered 

executed by the convening authority or other person acting on the 

case under section 860 of this title (article 60) when approved by 

him under that section. 

(d) The convening authority or other person acting on the case 

under section 860 of this title (article 60) may suspend the execution of any sentence or part thereof, except a death sentence. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90–632, Sec. 2(32), Oct. 24, 1968, 82 Stat. 1342; 

Pub. L. 98–209, Sec. 5(e), Dec. 6, 1983, 97 Stat. 1399; Pub. L. 103–337, div. A, title IX, Sec. 

924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 872. Art. 72. Vacation of suspension 

(a) Before the vacation of the suspension of a special courtmartial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having 

special court-martial jurisdiction over the probationer shall hold a 

hearing on the alleged violation of probation. The probationer shall 

be represented at the hearing by counsel if he so desires. 

(b) The record of the hearing and the recommendation of the 

officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over 

the probationer. If he vacates the suspension, any unexecuted part 

of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in section 871 (c) of this title (article 71(c)). 

The vacation of the suspension of a dismissal is not effective until 

approved by the Secretary concerned. 

(c) The suspension of any other sentence may be vacated by 

any authority competent to convene, for the command in which the 

accused is serving or assigned, a court of the kind that imposed the 

sentence. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.) 

§ 873. Art. 73. Petition for a new trial 

At any time within two years after approval by the convening 

authority of a court-martial sentence, the accused may petition the 

Judge Advocate General for a new trial on the grounds of newly 

discovered evidence or fraud on the court. If the accused’s case is 

pending before a Court of Criminal Appeals or before the Court of 

Appeals for the Armed Forces, the Judge Advocate General shall 
403 § 876 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

refer the petition to the appropriate court for action. Otherwise the 

Judge Advocate General shall act upon the petition. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, Sec. 2(33), Oct. 24, 1968, 82 Stat. 1342; 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 874. Art. 74. Remission and suspension 

(a) The Secretary concerned and, when designated by him, any 

Under Secretary, Assistant Secretary, Judge Advocate General, or 

commanding officer may remit or suspend any part or amount of 

the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the President. However, 

in the case of a sentence of confinement for life without eligibility 

for parole that is adjudged for an offense committed after October 

29, 2000, after the sentence is ordered executed, the authority of 

the Secretary concerned under the preceding sentence (1) may not 

be delegated, and (2) may be exercised only after the service of a 

period of confinement of not less than 20 years. 

(b) The Secretary concerned may, for good cause, substitute an 

administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 553(a)], 

Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, Sec. 1048(a)(8), Dec. 

28, 2001, 115 Stat. 1223.) 

§ 875. Art. 75. Restoration 

(a) Under such regulations as the President may prescribe, all 

rights, privileges, and property affected by an executed part of a 

court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a 

new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing. 

(b) If a previously executed sentence of dishonorable or badconduct discharge is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for 

administrative issuance unless the accused is to serve out the remainder of his enlistment. 

(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Secretary concerned shall substitute 

therefor a form of discharge authorized for administrative issue, 

and the commissioned officer dismissed by that sentence may be reappointed by the President alone to such commissioned grade and 

with such rank as in the opinion of the President that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between 

the dismissal and the reappointment shall be considered as actual 

service for all purposes, including the right to pay and allowances. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.) 

§ 876. Art. 76. Finality of proceedings, findings, and sentences 

The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as 
§ 876a CH. 47—UNIFORM CODE OF MILITARY JUSTICE 404 

approved, reviewed, or affirmed as required by this chapter, and all 

dismissals and discharges carried into execution under sentences 

by courts-martial following approval, review, or affirmation as required by this chapter, are final and conclusive. Orders publishing 

the proceedings of courts-martial and all action taken pursuant to 

those proceedings are binding upon all departments, courts, agencies, and officers of the United States, subject only to action upon 

a petition for a new trial as provided in section 873 of this title (article 73) and to action by the Secretary concerned as provided in 

section 874 of this title (article 74) and the authority of the President. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 64.) 

§ 876a. Art. 76a. Leave required to be taken pending review 

of certain court-martial convictions 

Under regulations prescribed by the Secretary concerned, an 

accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 860 of this title 

(article 60), includes an unsuspended dismissal or an unsuspended 

dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under section 860 of this title (article 60) or at any time 

after such date, and such leave may be continued until the date on 

which action under this subchapter is completed or may be terminated at any earlier time. 

(Added Pub. L. 97–81, Sec. 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, Sec. 

5(g), Dec. 6, 1983, 97 Stat. 1400.) 

§ 876b. Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and 

treatment 

(a) PERSONS INCOMPETENT TO STAND TRIAL.—(1) In the case of 

a person determined under this chapter to be presently suffering 

from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand 

the nature of the proceedings against that person or to conduct or 

cooperate intelligently in the defense of the case, the general courtmartial convening authority for that person shall commit the person to the custody of the Attorney General. 

(2) The Attorney General shall take action in accordance with 

section 4241(d) of title 18. 

(3) If at the end of the period for hospitalization provided for 

in section 4241(d) of title 18, it is determined that the committed 

person’s mental condition has not so improved as to permit the 

trial to proceed, action shall be taken in accordance with section 

4246 of such title. 

(4)(A) When the director of a facility in which a person is hospitalized pursuant to paragraph (2) determines that the person has 

recovered to such an extent that the person is able to understand 

the nature of the proceedings against the person and to conduct or 

cooperate intelligently in the defense of the case, the director shall 

promptly transmit a notification of that determination to the Attorney General and to the general court-martial convening authority 
405 § 876b CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

for the person. The director shall send a copy of the notification to 

the person’s counsel. 

(B) Upon receipt of a notification, the general court-martial 

convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to 

this chapter. If the person is no longer subject to this chapter, the 

Attorney General shall take any action within the authority of the 

Attorney General that the Attorney General considers appropriate 

regarding the person. 

(C) The director of the facility may retain custody of the person 

for not more than 30 days after transmitting the notifications required by subparagraph (A). 

(5) In the application of section 4246 of title 18 to a case under 

this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed 

to refer to the general court-martial convening authority for that 

person. However, if the person is no longer subject to this chapter 

at a time relevant to the application of such section to the person, 

the United States district court for the district where the person 

is hospitalized or otherwise may be found shall be considered as 

the court that ordered the commitment of the person. 

(b) PERSONS FOUND NOT GUILTY BY REASON OF LACK OF MEN- TAL RESPONSIBILITY.—(1) If a person is found by a court-martial 

not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this section. 

(2) The court-martial shall conduct a hearing on the mental 

condition in accordance with subsection (c) of section 4243 of title 

18. Subsections (b) and (d) of that section shall apply with respect 

to the hearing. 

(3) A report of the results of the hearing shall be made to the 

general court-martial convening authority for the person. 

(4) If the court-martial fails to find by the standard specified 

in subsection (d) of section 4243 of title 18 that the person’s release 

would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect— 

(A) the general court-martial convening authority may 

commit the person to the custody of the Attorney General; and 

(B) the Attorney General shall take action in accordance 

with subsection (e) of section 4243 of title 18. 

(5) Subsections (f), (g), and (h) of section 4243 of title 18 shall 

apply in the case of a person hospitalized pursuant to paragraph 

(4)(B), except that the United States district court for the district 

where the person is hospitalized shall be considered as the court 

that ordered the person’s commitment. 

(c) GENERAL PROVISIONS.—(1) Except as otherwise provided in 

this subsection and subsection (d)(1), the provisions of section 4247 

of title 18 apply in the administration of this section. 

(2) In the application of section 4247(d) of title 18 to hearings 

conducted by a court-martial under this section or by (or by order 

of) a general court-martial convening authority under this section, 

the reference in that section to section 3006A of such title does not 

apply. 
§ 876b CH. 47—UNIFORM CODE OF MILITARY JUSTICE 406 

(d) APPLICABILITY.—(1) The provisions of chapter 313 of title 18 

referred to in this section apply according to the provisions of this 

section notwithstanding section 4247(j) of title 18. 

(2) If the status of a person as described in section 802 of this 

title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on 

conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this 

section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply to that 

person notwithstanding the change of status. 

(Added Pub. L. 104–106, div. A, title XI, Sec. 1133(a)(1), Feb. 10, 1996, 110 Stat. 464.) 

SUBCHAPTER X—PUNITIVE ARTICLES 

Sec. Art.

877. 77. Principals. 

878. 78. Accessory after the fact. 

879. 79. Conviction of lesser included offense. 

880. 80. Attempts. 

881. 81. Conspiracy. 

882. 82. Solicitation. 

883. 83. Fraudulent enlistment, appointment, or separation. 

884. 84. Unlawful enlistment, appointment, or separation. 

885. 85. Desertion. 

886. 86. Absence without leave. 

887. 87. Missing movement. 

888. 88. Contempt toward officials. 

889. 89. Disrespect toward superior commissioned officer. 

890. 90. Assaulting or willfully disobeying superior commissioned officer. 

891. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 

892. 92. Failure to obey order or regulation. 

893. 93. Cruelty and maltreatment. 

894. 94. Mutiny or sedition. 

895. 95. Resistance, flight, breach of arrest, and escape. 

896. 96. Releasing prisoner without proper authority. 

897. 97. Unlawful detention. 

898. 98. Noncompliance with procedural rules. 

899. 99. Misbehavior before the enemy. 

900. 100. Subordinate compelling surrender. 

901. 101. Improper use of countersign. 

902. 102. Forcing a safeguard. 

903. 103. Captured or abandoned property. 

904. 104. Aiding the enemy. 

905. 105. Misconduct as prisoner. 

906. 106. Spies. 

906a. 106a. Espionage. 

907. 107. False official statements. 

908. 108. Military property of United States—Loss, damage, destruction, or 

wrongful disposition. 

909. 109. Property other than military property of United States—Waste, 

spoilage, or destruction. 

910. 110. Improper hazarding of vessel. 

911. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel. 

912. 112. Drunk on duty. 

912a. 112a. Wrongful use, possession, etc., of controlled substances. 

913. 113. Misbehavior of sentinel. 

914. 114. Dueling. 

915. 115. Malingering. 

916. 116. Riot or breach of peace. 

917. 117. Provoking speeches or gestures. 

918. 118. Murder. 

919. 119. Manslaughter. 
407 § 880 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

919a. 119a. Death or injury of an unborn child. 

920. 120. Rape, sexual assault, and other sexual misconduct. 

920a. 120a. Stalking. 

921. 121. Larceny and wrongful appropriation. 

922. 122. Robbery. 

923. 123. Forgery. 

923a. 123a. Making, drawing, or uttering check, draft, or order without sufficient 

funds. 

924. 124. Maiming. 

925. 125. Sodomy. 

926. 126. Arson. 

927. 127. Extortion. 

928. 128. Assault. 

929. 129. Burglary. 

930. 130. Housebreaking. 

931. 131. Perjury. 

932. 132. Frauds against the United States. 

933. 133. Conduct unbecoming an officer and a gentleman. 

934. 134. General article. 

§ 877. Art. 77. Principals 

Any person punishable under this chapter who— 

(1) commits an offense punishable by this chapter, or aids, 

abets, counsels, commands, or procures its commission; or 

(2) causes an act to be done which if directly performed by 

him would be punishable by this chapter; 

is a principal. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.) 

§ 878. Art. 78. Accessory after the fact 

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, 

comforts, or assists the offender in order to hinder or prevent his 

apprehension, trial, or punishment shall be punished as a courtmartial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.) 

§ 879. Art. 79. Conviction of lesser included offense 

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the 

offense charged or an offense necessarily included therein. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.) 

§ 880. Art. 80. Attempts 

(a) An act, done with specific intent to commit an offense under 

this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to 

commit that offense. 

(b) Any person subject to this chapter who attempts to commit 

any offense punishable by this chapter shall be punished as a 

court-martial may direct, unless otherwise specifically prescribed. 

(c) Any person subject to this chapter may be convicted of an 

attempt to commit an offense although it appears on the trial that 

the offense was consummated. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 65.) 
§ 881 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 408 

§ 881. Art. 81. Conspiracy 

(a) Any person subject to this chapter who conspires with any 

other person to commit an offense under this chapter shall, if one 

or more of the conspirators does an act to effect the object of the 

conspiracy, be punished as a court-martial may direct. 

(b) Any person subject to this chapter who conspires with any 

other person to commit an offense under the law of war, and who 

knowingly does an overt act to effect the object of the conspiracy, 

shall be punished, if death results to one or more of the victims, 

by death or such other punishment as a court-martial or military 

commission may direct, and, if death does not result to any of the 

victims, by such punishment, other than death, as a court-martial 

or military commission may direct. 

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

§ 882. Art. 82. Solicitation 

(a) Any person subject to this chapter who solicits or advises 

another or others to desert in violation of section 885 of this title 

(article 85) or mutiny in violation of section 894 of this title (article 

94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not 

committed or attempted, he shall be punished as a court-martial 

may direct. 

(b) Any person subject to this chapter who solicits or advises 

another or others to commit an act of misbehavior before the 

enemy in violation of section 899 of this title (article 99) or sedition 

in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as 

a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.) 

§ 883. Art. 83. Fraudulent enlistment, appointment, or separation 

Any person who— 

(1) procures his own enlistment or appointment in the 

armed forces by knowingly false representation or deliberate 

concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or 

(2) procures his own separation from the armed forces by 

knowingly false representation or deliberate concealment as to 

his eligibility for that separation; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.) 

§ 884. Art. 84. Unlawful enlistment, appointment, or separation 

Any person subject to this chapter who effects an enlistment 

or appointment in or a separation from the armed forces of any 

person who is known to him to be ineligible for that enlistment, ap-
409 § 888 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

pointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 66.) 

§ 885. Art. 85. Desertion 

(a) Any member of the armed forces who— 

(1) without authority goes or remains absent from his unit, 

organization, or place of duty with intent to remain away 

therefrom permanently; 

(2) quits his unit, organization, or place of duty with intent 

to avoid hazardous duty or to shirk important service; or 

(3) without being regularly separated from one of the 

armed forces enlists or accepts an appointment in the same or 

another one of the armed forces without fully disclosing the 

fact that he has not been regularly separated, or enters any 

foreign armed service except when authorized by the United 

States; 

is guilty of desertion. 

(b) Any commissioned officer of the armed forces who, after 

tender of his resignation and before notice of its acceptance, quits 

his post or proper duties without leave and with intent to remain 

away therefrom permanently is guilty of desertion. 

(c) Any person found guilty of desertion or attempt to desert 

shall be punished, if the offense is committed in time of war, by 

death or such other punishment as a court-martial may direct, but 

if the desertion or attempt to desert occurs at any other time, by 

such punishment, other than death, as a court-martial may direct. 

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

§ 886. Art. 86. Absence without leave 

Any member of the armed forces who, without authority— 

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

prescribed; 

(2) goes from that place; or 

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

time prescribed; 

shall be punished as a court-martial may direct. 

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

§ 887. Art. 87. Missing movement 

Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which 

he is required in the course of duty to move shall be punished as 

a court-martial may direct. 

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

§ 888. Art. 88. Contempt toward officials 

Any commissioned officer who uses contemptuous words 

against the President, the Vice President, Congress, the Secretary 

of Defense, the Secretary of a military department, the Secretary 

of Homeland Security, or the Governor or legislature of any State, 
§ 889 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 410 

Commonwealth, or possession in which he is on duty or present 

shall be punished as a court-martial may direct 

(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Dec. 12, 1980, Pub. L. 96–513, title V, Sec. 511(25), 94 

Stat. 2922; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 

109–163, div. A, title X, Sec. 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.) 

§ 889. Art. 89. Disrespect toward superior commissioned officer 

Any person subject to this chapter who behaves with disrespect 

toward his superior commissioned officer shall be punished as a 

court-martial may direct. 

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

§ 890. Art. 90. Assaulting or willfully disobeying superior 

commissioned officer 

Any person subject to this chapter who— 

(1) strikes his superior commissioned officer or draws or 

lifts up any weapon or offers any violence against him while 

he is in the execution of his office; or 

(2) willfully disobeys a lawful command of his superior 

commissioned officer; 

shall be punished, if the offense is committed in time of war, by 

death or such other punishment as a court-martial may direct, and 

if the offense is committed at any other time, by such punishment, 

other than death, as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 

§ 891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer 

Any warrant officer or enlisted member who— 

(1) strikes or assaults a warrant officer, noncommissioned 

officer, or petty officer, while that officer is in the execution of 

his office; 

(2) willfully disobeys the lawful order of a warrant officer, 

noncommissioned officer, or petty officer; or 

(3) treats with contempt or is disrespectful in language or 

deportment toward a warrant officer, noncommissioned officer, 

or petty officer, while that officer is in the execution of his office; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 

§ 892. Art. 92. Failure to obey order or regulation 

Any person subject to this chapter who— 

(1) violates or fails to obey any lawful general order or regulation; 

(2) having knowledge of any other lawful order issued by 

a member of the armed forces, which it is his duty to obey, 

fails to obey the order; or 

(3) is derelict in the performance of his duties; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 
411 § 897 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

§ 893. Art. 93. Cruelty and maltreatment 

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his 

orders shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 

§ 894. Art. 94. Mutiny or sedition 

(a) Any person subject to this chapter who— 

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders 

or otherwise do his duty or creates any violence or disturbance 

is guilty of mutiny; 

(2) with intent to cause the overthrow or destruction of 

lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; 

(3) fails to do his utmost to prevent and suppress a mutiny 

or sedition being committed in his presence, or fails to take all 

reasonable means to inform his superior commissioned officer 

or commanding officer of a mutiny or sedition which he knows 

or has reason to believe is taking place, is guilty of a failure 

to suppress or report a mutiny or sedition. 

(b) A person who is found guilty of attempted mutiny, mutiny, 

sedition, or failure to suppress or report a mutiny or sedition shall 

be punished by death or such other punishment as a court-martial 

may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 68.) 

§ 895. Art. 95. Resistance, flight, breach of arrest, and escape 

Any person subject to this chapter who— 

(1) resists apprehension; 

(2) flees from apprehension; 

(3) breaks arrest; or 

(4) escapes from custody or confinement; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 69; Feb. 10, 1996, Pub. L. 104–106, div. A, title XI, Sec. 

1112(a), 110 Stat. 461.) 

§ 896. Art. 96. Releasing prisoner without proper authority 

Any person subject to this chapter who, without proper authority, releases any prisoner committed to his charge, or who through 

neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner 

was committed in strict compliance with law. 

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

§ 897. Art. 97. Unlawful detention 

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.) 
§ 898 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 412 

§ 898. Art. 98. Noncompliance with procedural rules 

Any person subject to this chapter who— 

(1) is responsible for unnecessary delay in the disposition 

of any case of a person accused of an offense under this chapter; or 

(2) knowingly and intentionally fails to enforce or comply 

with any provision of this chapter regulating the proceedings 

before, during, or after trial of an accused; 

shall be punished as a court-martial may direct. 

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

§ 899. Art. 99. Misbehavior before the enemy 

Any member of the armed forces who before or in the presence 

of the enemy— 

(1) runs away; 

(2) shamefully abandons, surrenders, or delivers up any 

command, unit, place, or military property which it is his duty 

to defend; 

(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, 

place, or military property; 

(4) casts away his arms or ammunition; 

(5) is guilty of cowardly conduct; 

(6) quits his place of duty to plunder or pillage; 

(7) causes false alarms in any command, unit, or place 

under control of the armed forces; 

(8) willfully fails to do his utmost to encounter, engage, 

capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, 

engage, capture, or destroy; or 

(9) does not afford all practicable relief and assistance to 

any troops, combatants, vessels, or aircraft of the armed forces 

belonging to the United States or their allies when engaged in 

battle; 

shall be punished by death or such other punishment as a courtmartial may direct. 

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

§ 900. Art. 100. Subordinate compelling surrender 

Any person subject to this chapter who compels or attempts to 

compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to 

give it up to an enemy or to abandon it, or who strikes the colors 

or flag to an enemy without proper authority, shall be punished by 

death or such other punishment as a court-martial may direct. 

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

§ 901. Art. 101. Improper use of countersign 

Any person subject to this chapter who in time of war discloses 

the parole or countersign to any person not entitled to receive it or 

who gives to another who is entitled to receive and use the parole 

or countersign a different parole or countersign from that which, to 

his knowledge, he was authorized and required to give, shall be 
413 § 905 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

punished by death or such other punishment as a court-martial 

may direct. 

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

§ 902. Art. 102. Forcing a safeguard 

Any person subject to this chapter who forces a safeguard shall 

suffer death or such other punishment as a court-martial may direct. 

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

§ 903. Art. 103. Captured or abandoned property 

(a) All persons subject to this chapter shall secure all public 

property taken from the enemy for the service of the United States, 

and shall give notice and turn over to the proper authority without 

delay all captured or abandoned property in their possession, custody, or control. 

(b) Any person subject to this chapter who— 

(1) fails to carry out the duties prescribed in subsection (a); 

(2) buys, sells, trades, or in any way deals in or disposes 

of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or 

(3) engages in looting or pillaging; 

shall be punished as a court-martial may direct. 

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

§ 904. Art. 104. Aiding the enemy 

Any person who— 

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or 

(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds 

with or holds any intercourse with the enemy, either directly 

or indirectly; 

shall suffer death or such other punishment as a court-martial or 

military commission may direct. This section does not apply to a 

military commission established under chapter 47A of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 70; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631.) 

§ 905. Art. 105. Misconduct as prisoner 

Any person subject to this chapter who, while in the hands of 

the enemy in time of war— 

(1) for the purpose of securing favorable treatment by his 

captors acts without proper authority in a manner contrary to 

law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or 

(2) while in a position of authority over such persons maltreats them without justifiable cause; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 71.) 
§ 906 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 414 

§ 906. Art. 106. Spies 

Any person who in time of war is found lurking as a spy or 

acting as a spy in or about any place, vessel, or aircraft, within the 

control or jurisdiction of any of the armed forces, or in or about any 

shipyard, any manufacturing or industrial plant, or any other place 

or institution engaged in work in aid of the prosecution of the war 

by the United States, or elsewhere, shall be tried by a general 

court-martial or by a military commission and on conviction shall 

be punished by death. This section does not apply to a military 

commission established under chapter 47A of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 71; Pub. L. 109–366, Sec. 4(a)(2), Oct. 17, 2006, 120 Stat. 

2631.) 

§ 906a. Art. 106a. Espionage 

(a)(1) Any person subject to this chapter who, with intent or 

reason to believe that it is to be used to the injury of the United 

States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, 

to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a 

court-martial may direct, except that if the accused is found guilty 

of an offense that directly concerns (A) nuclear weaponry, military 

spacecraft or satellites, early warning systems, or other means of 

defense or retaliation against large scale attack, (B) war plans, (C) 

communications intelligence or cryptographic information, or (D) 

any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct. 

(2) An entity referred to in paragraph (1) is— 

(A) a foreign government; 

(B) a faction or party or military or naval force within a 

foreign country, whether recognized or unrecognized by the 

United States; or 

(C) a representative, officer, agent, employee, subject, or 

citizen of such a government, faction, party, or force. 

(3) A thing referred to in paragraph (1) is a document, writing, 

code book, signal book, sketch, photograph, photographic negative, 

blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense. 

(b)(1) No person may be sentenced by court-martial to suffer 

death for an offense under this section (article) unless— 

(A) the members of the court-martial unanimously find at 

least one of the aggravating factors set out in subsection (c); 

and 

(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed 

by any aggravating circumstances, including the aggravating 

factors set out in subsection (c). 

(2) Findings under this subsection may be based on— 

(A) evidence introduced on the issue of guilt or innocence; 

(B) evidence introduced during the sentencing proceeding; 

or 

(C) all such evidence. 
415 § 910 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. 

(c) A sentence of death may be adjudged by a court-martial for 

an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: 

(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of 

death or imprisonment for life was authorized by statute. 

(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security. 

(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person. 

(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (article 36). 

(Added Pub. L. 99–145, title V, Sec. 534(a), Nov. 8, 1985, 99 Stat. 634.) 

§ 907. Art. 107. False official statements 

Any person subject to this chapter who, with intent to deceive, 

signs any false record, return, regulation, order, or other official 

document, knowing it to be false, or makes any other false official 

statement knowing it to be false, shall be punished as a court-martial may direct. 

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

§ 908. Art. 108. Military property of United States—Loss, 

damage, destruction, or wrongful disposition 

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.) 

§ 909. Art. 109. Property other than military property of 

United States—Waste, spoilage, or destruction 

Any person subject to this chapter who willfully or recklessly 

wastes, spoils, or otherwise willfully and wrongfully destroys or 

damages any property other than military property of the United 

States shall be punished as a court-martial may direct. 

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

§ 910. Art. 110. Improper hazarding of vessel 

(a) Any person subject to this chapter who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed 

forces shall suffer death or such other punishment as a court-martial may direct. 
§ 911 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 416 

(b) Any person subject to this chapter who negligently hazards 

or suffers to be hazarded any vessel of the armed forces shall be 

punished as a court-martial may direct. 

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

§ 911. Art. 111. Drunken or reckless operation of a vehicle, 

aircraft, or vessel 

(a) Any person subject to this chapter who— 

(1) operates or physically controls any vehicle, aircraft, or 

vessel in a reckless or wanton manner or while impaired by a 

substance described in section 912a(b) of this title (article 

112a(b)), or 

(2) operates or is in actual physical control of any vehicle, 

aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the 

applicable limit under subsection (b), 

shall be punished as a court-martial may direct. 

(b)(1) For purposes of subsection (a), the applicable limit on the 

alcohol concentration in a person’s blood or breath is as follows: 

(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser 

of— 

(i) the blood alcohol content limit under the law of the 

State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or 

(ii) the blood alcohol content limit specified in paragraph (3). 

(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood 

alcohol content limit is the blood alcohol content limit specified 

in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe. 

(2) In the case of a military installation that is in more than 

one State, if those States have different blood alcohol content limits 

under their respective State laws, the Secretary may select one 

such blood alcohol content limit to apply uniformly on that installation. 

(3) For purposes of paragraph (1), the blood alcohol content 

limit with respect to alcohol concentration in a person’s blood is 

0.10 grams of alcohol per 100 milliliters of blood and with respect 

to alcohol concentration in a person’s breath is 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis. 

(4) In this subsection: 

(A) The term ‘‘blood alcohol content limit’’ means the 

amount of alcohol concentration in a person’s blood or breath 

at which operation or control of a vehicle, aircraft, or vessel is 

prohibited. 

(B) The term ‘‘United States’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 

Guam, and American Samoa and the term ‘‘State’’ includes 

each of those jurisdictions. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Oct. 27, 1986, Pub. L. 99–570, title III, Sec. 3055, 100 

Stat. 3207–76; Oct. 23, 1992, Pub. L. 102–484, div. A, title X, Sec. 1066(a)(1), 106 Stat. 2506; 
417 § 915 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

Nov. 30, 1993, Pub. L. 103–160, div. A, title V, Sec. 576(a), 107 Stat. 1677; Pub. L. 107–107, 

div. A, title V, Sec. 581, Dec. 28, 2001, 115 Stat. 1123; Pub. L. 108–136, div. A, title V, Sec. 

552, Nov. 24, 2003, 117 Stat. 1481.) 

§ 912. Art. 112. Drunk on duty 

Any person subject to this chapter other than a sentinel or 

look-out, who is found drunk on duty, shall be punished as a courtmartial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 912a. Art. 112a. Wrongful use, possession, etc., of controlled substances 

(a) Any person subject to this chapter who wrongfully uses, 

possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or 

under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct. 

(b) The substances referred to in subsection (a) are the following: 

(1) Opium, heroin, cocaine, amphetamine, lysergic acid 

diethylamide, methamphetamine, phencyclidine, barbituric 

acid, and marijuana and any compound or derivative of any 

such substance. 

(2) Any substance not specified in clause (1) that is listed 

on a schedule of controlled substances prescribed by the President for the purposes of this article. 

(3) Any other substance not specified in clause (1) or contained on a list prescribed by the President under clause (2) 

that is listed in schedules I through V of section 202 of the 

Controlled Substances Act (21 U.S.C. 812). 

(Added Pub. L. 98–209, Sec. 8(a), Dec. 6, 1983, 97 Stat. 1403.) 

§ 913. Art. 113. Misbehavior of sentinel 

Any sentinel or look-out who is found drunk or sleeping upon 

his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such 

other punishment as a court-martial may direct, but if the offense 

is committed at any other time, by such punishment other than 

death as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 914. Art. 114. Dueling 

Any person subject to this chapter who fights or promotes, or 

is concerned in or connives at fighting a duel, or who, having 

knowledge of a challenge sent or about to be sent, fails to report 

the facts promptly to the proper authority, shall be punished as a 

court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 915. Art. 115. Malingering 

Any person subject to this chapter who for the purpose of 

avoiding work, duty, or service— 
§ 916 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 418 

(1) feigns illness, physical disablement, mental lapse or derangement; or 

(2) intentionally inflicts self-injury; 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 916. Art. 116. Riot or breach of peace 

Any person subject to this chapter who causes or participates 

in any riot or breach of the peace shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 917. Art. 117. Provoking speeches or gestures 

Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to 

this chapter shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72.) 

§ 918. Art. 118. Murder 

Any person subject to this chapter who, without justification or 

excuse, unlawfully kills a human being, when he— 

(1) has a premeditated design to kill; 

(2) intends to kill or inflict great bodily harm; 

(3) is engaged in an act which is inherently dangerous to 

another and evinces a wanton disregard of human life; or 

(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated 

sexual contact, aggravated sexual abuse of a child, aggravated 

sexual contact with a child, robbery, or aggravated arson; 

is guilty of murder, and shall suffer such punishment as a courtmartial may direct, except that if found guilty under clause (1) or 

(4), he shall suffer death or imprisonment for life as a court-martial 

may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102–484, div. A, title X, Sec. 1066(b), Oct. 23, 

1992, 106 Stat. 2506; Pub. L. 109–163, div. A, title V, Sec. 552(d), Jan. 6, 2006, 119 Stat. 3263.) 

§ 919. Art. 119. Manslaughter 

(a) Any person subject to this chapter who, with an intent to 

kill or inflict great bodily harm, unlawfully kills a human being in 

the heat of sudden passion caused by adequate provocation is 

guilty of voluntary manslaughter and shall be punished as a courtmartial may direct. 

(b) Any person subject to this chapter who, without an intent 

to kill or inflict great bodily harm, unlawfully kills a human 

being— 

(1) by culpable negligence; or 

(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of 

this title (article 118), directly affecting the person; 

is guilty of involuntary manslaughter and shall be punished as a 

court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.) 
419 § 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

§ 919a. Art. 119a. Death or injury of an unborn child 

(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection 

(b) and thereby causes the death of, or bodily injury (as defined in 

section 1365 of title 18) to, a child, who is in utero at the time the 

conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, 

other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that 

conduct had that injury or death occurred to the unborn child’s 

mother. 

(2) An offense under this section does not require proof that— 

(i) the person engaging in the conduct had knowledge or 

should have had knowledge that the victim of the underlying 

offense was pregnant; or 

(ii) the accused intended to cause the death of, or bodily 

injury to, the unborn child. 

(3) If the person engaging in the conduct thereby intentionally 

kills or attempts to kill the unborn child, that person shall, instead 

of being punished under paragraph (1), be punished as provided 

under sections 880, 918, and 919(a) of this title (articles 80, 118, 

and 119(a)) for intentionally killing or attempting to kill a human 

being. 

(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. 

(b) The provisions referred to in subsection (a) are sections 918, 

919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). 

(c) Nothing in this section shall be construed to permit the 

prosecution— 

(1) of any person for conduct relating to an abortion for 

which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which 

such consent is implied by law; 

(2) of any person for any medical treatment of the pregnant woman or her unborn child; or 

(3) of any woman with respect to her unborn child. 

(d) In this section, the term ‘‘unborn child’’ means a child in 

utero, and the term ‘‘child in utero’’ or ‘‘child, who is in utero’’ 

means a member of the species homo sapiens, at any stage of development, who is carried in the womb. 

(Added Pub. L. 108–212, Sec. 3(a), Apr. 1, 2004, 118 Stat. 569.) 

§ 920. Art. 120. Rape, sexual assault, and other sexual misconduct 

(a) RAPE.—Any person subject to this chapter who causes another person of any age to engage in a sexual act by— 

(1) using force against that other person; 

(2) causing grievous bodily harm to any person; 

(3) threatening or placing that other person in fear that 

any person will be subjected to death, grievous bodily harm, or 

kidnaping; 

(4) rendering another person unconscious; or 
§ 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 420 

(5) administering to another person by force or threat of 

force, or without the knowledge or permission of that person, 

a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise 

or control conduct; 

is guilty of rape and shall be punished as a court-martial may direct. 

(b) RAPE OF A CHILD.—Any person subject to this chapter 

who— 

(1) engages in a sexual act with a child who has not attained the age of 12 years; or 

(2) engages in a sexual act under the circumstances described in subsection (a) with a child who has attained the age 

of 12 years; 

is guilty of rape of a child and shall be punished as a court-martial 

may direct. 

(c) AGGRAVATED SEXUAL ASSAULT.—Any person subject to this 

chapter who— 

(1) causes another person of any age to engage in a sexual 

act by— 

(A) threatening or placing that other person in fear 

(other than by threatening or placing that other person in 

fear that any person will be subjected to death, grievous 

bodily harm, or kidnapping); or 

(B) causing bodily harm; or 

(2) engages in a sexual act with another person of any age 

if that other person is substantially incapacitated or substantially incapable of— 

(A) appraising the nature of the sexual act; 

(B) declining participation in the sexual act; or 

(C) communicating unwillingness to engage in the sexual act; 

is guilty of aggravated sexual assault and shall be punished as a 

court-martial may direct. 

(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.—Any person 

subject to this chapter who engages in a sexual act with a child 

who has attained the age of 12 years is guilty of aggravated sexual 

assault of a child and shall be punished as a court-martial may direct. 

(e) AGGRAVATED SEXUAL CONTACT.—Any person subject to this 

chapter who engages in or causes sexual contact with or by another 

person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact 

and shall be punished as a court-martial may direct. 

(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any person subject to this chapter who engages in a lewd act with a child is guilty 

of aggravated sexual abuse of a child and shall be punished as a 

court-martial may direct. 

(g) AGGRAVATED SEXUAL CONTACT WITH A CHILD.—Any person 

subject to this chapter who engages in or causes sexual contact 

with or by another person, if to do so would violate subsection (b) 

(rape of a child) had the sexual contact been a sexual act, is guilty 

of aggravated sexual contact with a child and shall be punished as 

a court-martial may direct. 
421 § 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(h) ABUSIVE SEXUAL CONTACT.—Any person subject to this 

chapter who engages in or causes sexual contact with or by another 

person, if to do so would violate subsection (c) (aggravated sexual 

assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may 

direct. 

(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.—Any person subject to this chapter who engages in or causes sexual contact with 

or by another person, if to do so would violate subsection (d) (aggravated sexual assault of a child) had the sexual contact been a 

sexual act, is guilty of abusive sexual contact with a child and shall 

be punished as a court-martial may direct. 

(j) INDECENT LIBERTY WITH A CHILD.—Any person subject to 

this chapter who engages in indecent liberty in the physical presence of a child— 

(1) with the intent to arouse, appeal to, or gratify the sexual desire of any person; or 

(2) with the intent to abuse, humiliate, or degrade any person; 

is guilty of indecent liberty with a child and shall be punished as 

a court-martial may direct. 

(k) INDECENT ACT.—Any person subject to this chapter who engages in indecent conduct is guilty of an indecent act and shall be 

punished as a court-martial may direct. 

(l) FORCIBLE PANDERING.—Any person subject to this chapter 

who compels another person to engage in an act of prostitution 

with another person to be directed to said person is guilty of forcible pandering and shall be punished as a court-martial may direct. 

(m) WRONGFUL SEXUAL CONTACT.—Any person subject to this 

chapter who, without legal justification or lawful authorization, engages in sexual contact with another person without that other person’s permission is guilty of wrongful sexual contact and shall be 

punished as a court-martial may direct. 

(n) INDECENT EXPOSURE.—Any person subject to this chapter 

who intentionally exposes, in an indecent manner, in any place 

where the conduct involved may reasonably be expected to be 

viewed by people other than members of the actor’s family or 

household, the genitalia, anus, buttocks, or female areola or nipple 

is guilty of indecent exposure and shall by punished as a courtmartial may direct. 

(o) AGE OF CHILD.— 

(1) TWELVE YEARS.—In a prosecution under subsection (b) 

(rape of a child), subsection (g) (aggravated sexual contact with 

a child), or subsection (j) (indecent liberty with a child), it need 

not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained 

the age of 12 years. It is not an affirmative defense that the 

accused reasonably believed that the child had attained the 

age of 12 years. 

(2) SIXTEEN YEARS.—In a prosecution under subsection (d) 

(aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual 

contact with a child), or subsection (j) (indecent liberty with a 

child), it need not be proven that the accused knew that the 
§ 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 422 

other person engaging in the sexual act, contact, or liberty had 

not attained the age of 16 years. Unlike in paragraph (1), however, it is an affirmative defense that the accused reasonably 

believed that the child had attained the age of 16 years. 

(p) PROOF OF THREAT.—In a prosecution under this section, in 

proving that the accused made a threat, it need not be proven that 

the accused actually intended to carry out the threat. 

(q) MARRIAGE.— (1) IN GENERAL.—In a prosecution under paragraph (2) of 

subsection (c) (aggravated sexual assault), or under subsection 

(d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual 

contact with a child), subsection (j) (indecent liberty with a 

child), subsection (m) (wrongful sexual contact), or subsection 

(n) (indecent exposure), it is an affirmative defense that the accused and the other person when they engaged in the sexual 

act, sexual contact, or sexual conduct are married to each 

other. 

(2) DEFINITION.—For purposes of this subsection, a marriage is a relationship, recognized by the laws of a competent 

State or foreign jurisdiction, between the accused and the other 

person as spouses. A marriage exists until it is dissolved in accordance with the laws of a competent State or foreign jurisdiction. 

(3) EXCEPTION.—Paragraph (1) shall not apply if the 

accused’s intent at the time of the sexual conduct is to abuse, 

humiliate, or degrade any person. 

(r) CONSENT AND MISTAKE OF FACT AS TO CONSENT.—Lack of 

permission is an element of the offense in subsection (m) (wrongful 

sexual contact). Consent and mistake of fact as to consent are not 

an issue, or an affirmative defense, in a prosecution under any 

other subsection, except they are an affirmative defense for the sexual conduct in issue in a prosecution under subsection (a) (rape), 

subsection (c) (aggravated sexual assault), subsection (e) (aggravated sexual contact), and subsection (h) (abusive sexual contact). 

(s) OTHER AFFIRMATIVE DEFENSES NOT PRECLUDED.—The enumeration in this section of some affirmative defenses shall not be 

construed as excluding the existence of others. 

(t) DEFINITIONS.—In this section: 

(1) SEXUAL ACT.—The term ‘‘sexual act’’ means— 

(A) contact between the penis and the vulva, and for 

purposes of this subparagraph contact involving the penis 

occurs upon penetration, however slight; or 

(B) the penetration, however slight, of the genital 

opening of another by a hand or finger or by any object, 

with an intent to abuse, humiliate, harass, or degrade any 

person or to arouse or gratify the sexual desire of any person. 

(2) SEXUAL CONTACT.—The term ‘‘sexual contact’’ means 

the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any per-
423 § 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

son, with an intent to abuse, humiliate, or degrade any person 

or to arouse or gratify the sexual desire of any person. 

(3) GRIEVOUS BODILY HARM.—The term ‘‘grievous bodily 

harm’’ means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious 

damage to internal organs, and other severe bodily injuries. It 

does not include minor injuries such as a black eye or a bloody 

nose. It is the same level of injury as in section 928 (article 

128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18. 

(4) DANGEROUS WEAPON OR OBJECT.—The term ‘‘dangerous 

weapon or object’’ means— 

(A) any firearm, loaded or not, and whether operable 

or not; 

(B) any other weapon, device, instrument, material, or 

substance, whether animate or inanimate, that in the 

manner it is used, or is intended to be used, is known to 

be capable of producing death or grievous bodily harm; or 

(C) any object fashioned or utilized in such a manner 

as to lead the victim under the circumstances to reasonably believe it to be capable of producing death or grievous 

bodily harm. 

(5) FORCE.—The term ‘‘force’’ means action to compel submission of another or to overcome or prevent another’s resistance by— 

(A) the use or display of a dangerous weapon or object; 

(B) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to 

believe it is a dangerous weapon or object; or 

(C) physical violence, strength, power, or restraint applied to another person, sufficient that the other person 

could not avoid or escape the sexual conduct. 

(6) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.—The term ‘‘threatening or placing that other person in 

fear’’ under paragraph (3) of subsection (a) (rape), or under 

subsection (e) (aggravated sexual contact), means a communication or action that is of sufficient consequence to cause a 

reasonable fear that non-compliance will result in the victim or 

another person being subjected to death, grievous bodily harm, 

or kidnapping. 

(7) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.— 

(A) IN GENERAL.—The term ‘‘threatening or placing 

that other person in fear’’ under paragraph (1)(A) of subsection (c) (aggravated sexual assault), or under subsection 

(h) (abusive sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable 

fear that non-compliance will result in the victim or another being subjected to a lesser degree of harm than 

death, grievous bodily harm, or kidnapping. 

(B) INCLUSIONS.—Such lesser degree of harm includes— 

(i) physical injury to another person or to another 

person’s property; or 
§ 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 424 

(ii) a threat— 

(I) to accuse any person of a crime; 

(II) to expose a secret or publicize an asserted 

fact, whether true or false, tending to subject 

some person to hatred, contempt or ridicule; or 

(III) through the use or abuse of military position, rank, or authority, to affect or threaten to affect, either positively or negatively, the military 

career of some person. 

(8) BODILY HARM.—The term ‘‘bodily harm’’ means any offensive touching of another, however slight. 

(9) CHILD.—The term ‘‘child’’ means any person who has 

not attained the age of 16 years. 

(10) LEWD ACT.—The term ‘‘lewd act’’ means— 

(A) the intentional touching, not through the clothing, 

of the genitalia of another person, with an intent to abuse, 

humiliate, or degrade any person, or to arouse or gratify 

the sexual desire of any person; or 

(B) intentionally causing another person to touch, not 

through the clothing, the genitalia of any person with an 

intent to abuse, humiliate or degrade any person, or to 

arouse or gratify the sexual desire of any person. 

(11) INDECENT LIBERTY.—The term ‘‘indecent liberty’’ 

means indecent conduct, but physical contact is not required. 

It includes one who with the requisite intent exposes one’s 

genitalia, anus, buttocks, or female areola or nipple to a child. 

An indecent liberty may consist of communication of indecent 

language as long as the communication is made in the physical 

presence of the child. If words designed to excite sexual desire 

are spoken to a child, or a child is exposed to or involved in 

sexual conduct, it is an indecent liberty; the child’s consent is 

not relevant. 

(12) INDECENT CONDUCT.—The term ‘‘indecent conduct’’ 

means that form of immorality relating to sexual impurity 

which is grossly vulgar, obscene, and repugnant to common 

propriety, and tends to excite sexual desire or deprave morals 

with respect to sexual relations. Indecent conduct includes observing, or making a videotape, photograph, motion picture, 

print, negative, slide, or other mechanically, electronically, or 

chemically reproduced visual material, without another person’s consent, and contrary to that other person’s reasonable 

expectation of privacy, of— 

(A) that other person’s genitalia, anus, or buttocks, or 

(if that other person is female) that person’s areola or nipple; or 

(B) that other person while that other person is engaged in a sexual act, sodomy (under section 925 (article 

125)), or sexual contact. 

(13) ACT OF PROSTITUTION.—The term ‘‘act of prostitution’’ 

means a sexual act, sexual contact, or lewd act for the purpose 

of receiving money or other compensation. 

(14) CONSENT.—The term ‘‘consent’’ means words or overt 

acts indicating a freely given agreement to the sexual conduct 

at issue by a competent person. An expression of lack of con-
425 § 920 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

sent through words or conduct means there is no consent. Lack 

of verbal or physical resistance or submission resulting from 

the accused’s use of force, threat of force, or placing another 

person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the 

person involved with the accused in the sexual conduct at issue 

shall not constitute consent. A person cannot consent to sexual 

activity if— 

(A) under 16 years of age; or 

(B) substantially incapable of— 

(i) appraising the nature of the sexual conduct at 

issue due to— 

(I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or 

(II) mental disease or defect which renders 

the person unable to understand the nature of the 

sexual conduct at issue; 

(ii) physically declining participation in the sexual 

conduct at issue; or 

(iii) physically communicating unwillingness to 

engage in the sexual conduct at issue. 

(15) MISTAKE OF FACT AS TO CONSENT.—The term ‘‘mistake 

of fact as to consent’’ means the accused held, as a result of 

ignorance or mistake, an incorrect belief that the other person 

engaging in the sexual conduct consented. The ignorance or 

mistake must have existed in the mind of the accused and 

must have been reasonable under all the circumstances. To be 

reasonable the ignorance or mistake must have been based on 

information, or lack of it, which would indicate to a reasonable 

person that the other person consented. Additionally, the ignorance or mistake cannot be based on the negligent failure to 

discover the true facts. Negligence is the absence of due care. 

Due care is what a reasonably careful person would do under 

the same or similar circumstances. The accused’s state of intoxication, if any, at the time of the offense is not relevant to 

mistake of fact. A mistaken belief that the other person consented must be that which a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at 

the time of the offense. 

(16) AFFIRMATIVE DEFENSE.—The term ‘‘affirmative defense’’ means any special defense which, although not denying 

that the accused committed the objective acts constituting the 

offense charged, denies, wholly, or partially, criminal responsibility for those acts. The accused has the burden of proving the 

affirmative defense by a preponderance of evidence. After the 

defense meets this burden, the prosecution shall have the burden of proving beyond a reasonable doubt that the affirmative 

defense did not exist. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 73; Pub. L. 102–484, div. A, title X, Sec. 1066(c), Oct. 23, 

1992, 106 Stat. 2506; Pub. L. 104–106, div. A, title XI, Sec. 1113, Feb. 10, 1996, 110 Stat. 462; 

Pub. L. 109–163, div. A, title V, Sec. 552(a)(1), Jan. 6, 2006, 119 Stat. 3256.) 
§ 920a CH. 47—UNIFORM CODE OF MILITARY JUSTICE 426 

§ 920a. Art. 120a. Stalking 

(a) Any person subject to this section— 

(1) who wrongfully engages in a course of conduct directed 

at a specific person that would cause a reasonable person to 

fear death or bodily harm, including sexual assault, to himself 

or herself or a member of his or her immediate family; 

(2) who has knowledge, or should have knowledge, that the 

specific person will be placed in reasonable fear of death or 

bodily harm, including sexual assault, to himself or herself or 

a member of his or her immediate family; and 

(3) whose acts induce reasonable fear in the specific person 

of death or bodily harm, including sexual assault, to himself or 

herself or to a member of his or her immediate family; 

is guilty of stalking and shall be punished as a court-martial may 

direct. 

(b) In this section: 

(1) The term ‘‘course of conduct’’ means— 

(A) a repeated maintenance of visual or physical proximity to a specific person; or 

(B) a repeated conveyance of verbal threat, written 

threats, or threats implied by conduct, or a combination of 

such threats, directed at or toward a specific person. 

(2) The term ‘‘repeated’’, with respect to conduct, means 

two or more occasions of such conduct. 

(3) The term ‘‘immediate family’’, in the case of a specific 

person, means a spouse, parent, child, or sibling of the person, 

or any other family member, relative, or intimate partner of 

the person who regularly resides in the household of the person or who within the six months preceding the commencement of the course of conduct regularly resided in the household of the person. 

(Added Pub. L. 109–163, div. A, title V, Sec. 551(a)(1), Jan. 6, 2006, 119 Stat. 3256.) 

§ 921. Art. 121. Larceny and wrongful appropriation 

(a) Any person subject to this chapter who wrongfully takes, 

obtains, or withholds, by any means, from the possession of the 

owner or of any other person any money, personal property, or article of value of any kind— 

(1) with intent permanently to deprive or defraud another 

person of the use and benefit of property or to appropriate it 

to his own use or the use of any person other than the owner, 

steals that property and is guilty of larceny; or 

(2) with intent temporarily to deprive or defraud another 

person of the use and benefit of property or to appropriate it 

to his own use or the use of any person other than the owner, 

is guilty of wrongful appropriation. 

(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.) 

§ 922. Art. 122. Robbery 

Any person subject to this chapter who with intent to steal 

takes anything of value from the person or in the presence of an-
427 § 924 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

other, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person 

or property of a relative or member of his family or of anyone in 

his company at the time of the robbery, is guilty of robbery and 

shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 73.) 

§ 923. Art. 123. Forgery 

Any person subject to this chapter who, with intent to defraud— 

(1) falsely makes or alters any signature to, or any part of, 

any writing which would, if genuine, apparently impose a legal 

liability on another or change his legal right or liability to his 

prejudice; or 

(2) utters, offers, issues, or transfers such a writing, known 

by him to be so made or altered; 

is guilty of forgery and shall be punished as a court-martial may 

direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.) 

§ 923a. Art. 123a. Making, drawing, or uttering check, draft, 

or order without sufficient funds 

Any person subject to this chapter who— 

(1) for the procurement of any article or thing of value, 

with intent to defraud; or 

(2) for the payment of any past due obligation, or for any 

other purpose, with intent to deceive; 

makes, draws, utters, or delivers any check, draft, or order for the 

payment of money upon any bank or other depository, knowing at 

the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the 

payment of that check, draft, or order in full upon its presentment, 

shall be punished as a court-martial may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, 

or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession 

or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, 

that bank or other depository, unless the maker or drawer pays the 

holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment. In this section, the word ‘‘credit’’ means an arrangement 

or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order. 

(Added Pub. L. 87–385, Sec. 1(1), Oct. 4, 1961, 75 Stat. 814.) 

§ 924. Art. 124. Maiming 

Any person subject to this chapter who, with intent to injure, 

disfigure, or disable, inflicts upon the person of another an injury 

which— 

(1) seriously disfigures his person by any mutilation thereof; 

(2) destroys or disables any member or organ of his body; 

or 
§ 925 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 428 

(3) seriously diminishes his physical vigor by the injury of 

any member or organ; 

is guilty of maiming and shall be punished as a court-martial may 

direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.) 

§ 925. Art. 125. Sodomy 

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite 

sex or with an animal is guilty of sodomy. Penetration, however 

slight, is sufficient to complete the offense. 

(b) Any person found guilty of sodomy shall be punished as a 

court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.) 

§ 926. Art. 126. Arson 

(a) Any person subject to this chapter who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other 

structure, movable or immovable, wherein to the knowledge of the 

offender there is at the time a human being, is guilty of aggravated 

arson and shall be punished as a court-martial may direct. 

(b) Any person subject to this chapter who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.) 

§ 927. Art. 127. Extortion 

Any person subject to this chapter who communicates threats 

to another person with the intention thereby to obtain anything of 

value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 74.) 

§ 928. Art. 128. Assault 

(a) Any person subject to this chapter who attempts or offers 

with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty 

of assault and shall be punished as a court-martial may direct. 

(b) Any person subject to this chapter who— 

(1) commits an assault with a dangerous weapon or other 

means or force likely to produce death or grievous bodily harm; 

or 

(2) commits an assault and intentionally inflicts grievous 

bodily harm with or without a weapon; 

is guilty of aggravated assault and shall be punished as a courtmartial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.) 

§ 929. Art. 129. Burglary 

Any person subject to this chapter who, with intent to commit 

an offense punishable under sections 918–928 of this title (articles 

118–128), breaks and enters, in the nighttime, the dwelling house 
429 § 932 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

of another, is guilty of burglary and shall be punished as a courtmartial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.) 

§ 930. Art. 130. Housebreaking 

Any person subject to this chapter who unlawfully enters the 

building or structure of another with intent to commit a criminal 

offense therein is guilty of housebreaking and shall be punished as 

a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.) 

§ 931. Art. 131. Perjury 

Any person subject to this chapter who in a judicial proceeding 

or in a course of justice willfully and corruptly— 

(1) upon a lawful oath or in any form allowed by law to 

be substituted for an oath, gives any false testimony material 

to the issue or matter of inquiry; or 

(2) in any declaration, certificate, verification, or statement 

under penalty of perjury as permitted under section 1746 of 

title 28, subscribes any false statement material to the issue 

or matter of inquiry; 

is guilty of perjury and shall be punished as a court-martial may 

direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 94–550, Sec. 3, Oct. 18, 1976, 90 Stat. 2535; 

Pub. L. 97–295, Sec. 1(13), Oct. 12, 1982, 96 Stat. 1289.) 

§ 932. Art. 132. Frauds against the United States 

Any person subject to this chapter— 

(1) who, knowing it to be false or fraudulent— 

(A) makes any claim against the United States or any 

officer thereof; or 

(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the 

United States or any officer thereof; 

(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any 

officer thereof— 

(A) makes or uses any writing or other paper knowing 

it to contain any false or fraudulent statements; 

(B) makes any oath to any fact or to any writing or 

other paper knowing the oath to be false; or 

(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it 

to be forged or counterfeited; 

(3) who, having charge, possession, custody or control of 

any money, or other property of the United States, furnished 

or intended for the armed forces thereof, knowingly delivers to 

any person having authority to receive it, any amount thereof 

less than that for which he receives a certificate or receipt; or 

(4) who, being authorized to make or deliver any paper 

certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowl-
§ 933 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 430 

edge of the truth of the statements therein contained and with 

intent to defraud the United States; 

shall, upon conviction, be punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 75.) 

§ 933. Art. 133. Conduct unbecoming an officer and a gentleman 

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be 

punished as a court-martial may direct. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.) 

§ 934. Art. 134. General article 

Though not specifically mentioned in this chapter, all disorders 

and neglects to the prejudice of good order and discipline in the 

armed forces, all conduct of a nature to bring discredit upon the 

armed forces, and crimes and offenses not capital, of which persons 

subject to this chapter may be guilty, shall be taken cognizance of 

by a general, special, or summary court-martial, according to the 

nature and degree of the offense, and shall be punished at the discretion of that court. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.) 

SUBCHAPTER XI—MISCELLANEOUS PROVISIONS 

Sec. Art. 

935. 135. Courts of inquiry. 

936. 136. Authority to administer oaths and to act as notary. 

937. 137. Articles to be explained. 

938. 138. Complaints of wrongs. 

939. 139. Redress of injuries to property. 

940. 140. Delegation by the President. 

§ 935. Art. 135. Courts of inquiry 

(a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial 

or by any other person designated by the Secretary concerned for 

that purpose, whether or not the persons involved have requested 

such an inquiry. 

(b) A court of inquiry consists of three or more commissioned 

officers. For each court of inquiry the convening authority shall 

also appoint counsel for the court. 

(c) Any person subject to this chapter whose conduct is subject 

to inquiry shall be designated as a party. Any person subject to 

this chapter or employed by the Department of Defense who has 

a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to 

be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. 

(d) Members of a court of inquiry may be challenged by a 

party, but only for cause stated to the court. 

(e) The members, counsel, the reporter, and interpreters of 

courts of inquiry shall take an oath to faithfully perform their duties. 
431 § 937 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

(f) Witnesses may be summoned to appear and testify and be 

examined before courts of inquiry, as provided for courts-martial. 

(g) Courts of inquiry shall make findings of fact but may not 

express opinions or make recommendations unless required to do 

so by the convening authority. 

(h) Each court of inquiry shall keep a record of its proceedings, 

which shall be authenticated by the signatures of the president and 

counsel for the court and forwarded to the convening authority. If 

the record cannot be authenticated by the president, it shall be 

signed by a member in lieu of the president. If the record cannot 

be authenticated by the counsel for the court, it shall be signed by 

a member in lieu of the counsel. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 76.) 

§ 936. Art. 136. Authority to administer oaths and to act as 

notary 

(a) The following persons on active duty or performing inactiveduty training may administer oaths for the purposes of military administration, including military justice: 

(1) All judge advocates. 

(2) All summary courts-martial. 

(3) All adjutants, assistant adjutants, acting adjutants, 

and personnel adjutants. 

(4) All commanding officers of the Navy, Marine Corps, 

and Coast Guard. 

(5) All staff judge advocates and legal officers, and acting 

or assistant staff judge advocates and legal officers. 

(6) All other persons designated by regulations of the 

armed forces or by statute. 

(b) The following persons on active duty or performing inactiveduty training may administer oaths necessary in the performance 

of their duties: 

(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial. 

(2) The president and the counsel for the court of any court 

of inquiry. 

(3) All officers designated to take a deposition. 

(4) All persons detailed to conduct an investigation. 

(5) All recruiting officers. 

(6) All other persons designated by regulations of the 

armed forces or by statute. 

(c) The judges of the United States Court of Appeals for the 

Armed Forces may administer the oaths authorized by subsections 

(a) and (b). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 77; Pub. L. 86–589, July 5, 1960, 74 Stat. 329; Pub. L. 90– 

179, Sec. 1(7), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–632, Sec. 2(34), Oct. 24, 1968, 82 Stat. 

1343; Pub. L. 98–209, Sec. 2(f), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, 

Sec. 804(c), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 100–456, div. A, title XII, Sec. 1234(a)(1), 

Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title V, Sec. 551(b), Nov. 5, 1990, 104 

Stat. 1566; Pub. L. 110–181, div. A, title V, Sec. 542, Jan. 28, 2008, 122 Stat. 114.) 

§ 937. Art. 137. Articles to be explained 

(a)(1) The sections of this title (articles of the Uniform Code of 

Military Justice) specified in paragraph (3) shall be carefully ex-
§ 938 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 432 

plained to each enlisted member at the time of (or within fourteen 

days after)— 

(A) the member’s initial entrance on active duty; or 

(B) the member’s initial entrance into a duty status with 

a reserve component. 

(2) Such sections (articles) shall be explained again— 

(A) after the member has completed six months of active 

duty or, in the case of a member of a reserve component, after 

the member has completed basic or recruit training; and 

(B) at the time when the member reenlists. 

(3) This subsection applies with respect to sections 802, 803, 

807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of 

this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 

137–139). 

(b) The text of the Uniform Code of Military Justice and of the 

regulations prescribed by the President under such Code shall be 

made available to a member on active duty or to a member of a 

reserve component, upon request by the member, for the member’s 

personal examination. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 78; Pub. L. 99–661, div. A, title VIII, Sec. 804(d), Nov. 14, 

1986, 100 Stat. 3907; Pub. L. 104–106, div. A, title XI, Sec. 1152, Feb. 10, 1996, 110 Stat. 468.) 

§ 938. Art. 138. Complaints of wrongs 

Any member of the armed forces who believes himself wronged 

by his commanding officer, and who, upon due application to that 

commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the 

officer exercising general court-martial jurisdiction over the officer 

against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper 

measures for redressing the wrong complained of; and he shall, as 

soon as possible, send to the Secretary concerned a true statement 

of that complaint, with the proceedings had thereon. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.) 

§ 939. Art. 139. Redress of injuries to property 

(a) Whenever complaint is made to any commanding officer 

that willful damage has been done to the property of any person 

or that his property has been wrongfully taken by members of the 

armed forces, he may, under such regulations as the Secretary concerned may prescribe, convene a board to investigate the complaint. 

The board shall consist of from one to three commissioned officers 

and, for the purpose of that investigation, it has power to summon 

witnesses and examine them upon oath, to receive depositions or 

other documentary evidence, and to assess the damages sustained 

against the responsible parties. The assessment of damages made 

by the board is subject to the approval of the commanding officer, 

and in the amount approved by him shall be charged against the 

pay of the offenders. The order of the commanding officer directing 

charges herein authorized is conclusive on any disbursing officer 

for the payment by him to the injured parties of the damages so 

assessed and approved. 

(b) If the offenders cannot be ascertained, but the organization 

or detachment to which they belong is known, charges totaling the 
433 § 942 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

amount of damages assessed and approved may be made in such 

proportion as may be considered just upon the individual members 

thereof who are shown to have been present at the scene at the 

time the damages complained of were inflicted, as determined by 

the approved findings of the board. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.) 

§ 940. Art. 140. Delegation by the President 

The President may delegate any authority vested in him under 

this chapter, and provide for the subdelegation of any such authority. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 78.) 

SUBCHAPTER XII—UNITED STATES COURT OF APPEALS 

FOR THE ARMED FORCES 

Sec. Art. 

941. 141. Status. 

942. 142. Judges. 

943. 143. Organization and employees. 

944. 144. Procedure. 

945. 145. Annuities for judges and survivors. 

946. 146. Code committee. 

§ 941. Art. 141. Status 

There is a court of record known as the United States Court 

of Appeals for the Armed Forces. The court is established under article I of the Constitution. The court is located for administrative 

purposes only in the Department of Defense. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1570; amended 

Pub. L. 103–337, div. A, title IX, Sec. 924(a)(2), Oct. 5, 1994, 108 Stat. 2831.) 

§ 942. Art. 142. Judges 

(a) NUMBER.—The United States Court of Appeals for the 

Armed Forces consists of five judges. 

(b) APPOINTMENT; QUALIFICATION.—(1) Each judge of the court 

shall be appointed from civilian life by the President, by and with 

the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge 

as provided in subsection (e). 

(2) The term of a judge shall expire as follows: 

(A) In the case of a judge who is appointed after March 31 

and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the 

appointment occurs. 

(B) In the case of a judge who is appointed after September 30 of any year and before April 1 of the following year, 

the term shall expire fifteen years after such September 30. 

(3) Not more than three of the judges of the court may be appointed from the same political party, and no person may be appointed to be a judge of the court unless the person is a member 

of the bar of a Federal court or the highest court of a State. 

(4) For purposes of appointment of judges to the court, a person retired from the armed forces after 20 or more years of active 

service (whether or not such person is on the retired list) shall not 

be considered to be in civilian life. 
§ 942 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 434 

(c) REMOVAL.—Judges of the court may be removed from office 

by the President, upon notice and hearing, for— 

(1) neglect of duty; 

(2) misconduct; or 

(3) mental or physical disability. 

A judge may not be removed by the President for any other cause. 

(d) PAY AND ALLOWANCES.—Each judge of the court is entitled 

to the same salary and travel allowances as are, and from time to 

time may be, provided for judges of the United States Courts of Appeals. 

(e) SENIOR JUDGES.—(1)(A) A former judge of the court who is 

receiving retired pay or an annuity under section 945 of this title 

(article 145) or under subchapter III of chapter 83 or chapter 84 

of title 5 shall be a senior judge. The chief judge of the court may 

call upon an individual who is a senior judge of the court under 

this subparagraph, with the consent of the senior judge, to perform 

judicial duties with the court— 

(i) during a period a judge of the court is unable to perform 

his duties because of illness or other disability; 

(ii) during a period in which a position of judge of the court 

is vacant; or 

(iii) in any case in which a judge of the court recuses himself. 

(B) If, at the time the term of a judge expires, no successor to 

that judge has been appointed, the chief judge of the court may call 

upon that judge (with that judge’s consent) to continue to perform 

judicial duties with the court until the vacancy is filled. A judge 

who, upon the expiration of the judge’s term, continues to perform 

judicial duties with the court without a break in service under this 

subparagraph shall be a senior judge while such service continues. 

(2) A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the daily 

equivalent of the annual rate of pay provided for a judge of the 

court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (article 145), subchapter III of 

chapter 83 or subchapter II of chapter 84 of title 5, or any other 

retirement system for employees of the Federal Government. 

(3) A senior judge, while performing duties referred to in paragraph (1), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled 

to the per diem, travel allowances, and other allowances provided 

for judges of the court. 

(4) A senior judge shall be considered to be an officer or employee of the United States with respect to his status as a senior 

judge, but only during periods the senior judge is performing duties 

referred to in paragraph (1). For the purposes of section 205 of title 

18, a senior judge shall be considered to be a special government 

employee during such periods. Any provision of law that prohibits 

or limits the political or business activities of an employee of the 

United States shall apply to a senior judge only during such periods. 

(5) The court shall prescribe rules for the use and conduct of 

senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Com-
435 § 942 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

mittee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives not later than 15 

days after the issuance of such rules or amendments, as the case 

may be. 

(6) For purposes of subchapter III of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and 

chapter 84 of such title (relating to the Federal Employees’ Retirement System) and for purposes of any other Federal Government 

retirement system for employees of the Federal Government— 

(A) a period during which a senior judge performs duties 

referred to in paragraph (1) shall not be considered creditable 

service; 

(B) no amount shall be withheld from the pay of a senior 

judge as a retirement contribution under section 8334, 8343, 

8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (1); 

(C) no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge 

for any period during which the senior judge performs duties 

referred to in paragraph (1); and 

(D) a senior judge shall not be considered to be a reemployed annuitant for any period during which the senior judge 

performs duties referred to in paragraph (1). 

(f) SERVICE OF ARTICLE III JUDGES.—(1) The Chief Justice of 

the United States, upon the request of the chief judge of the court, 

may designate a judge of a United States court of appeals or of a 

United States district court to perform the duties of judge of the 

United States Court of Appeals for the Armed Forces— 

(A) during a period a judge of the court is unable to perform his duties because of illness or other disability; 

(B) in any case in which a judge of the court recuses himself; or 

(C) during a period when there is a vacancy on the court 

and in the opinion of the chief judge of the court such a designation is necessary for the proper dispatch of the business of 

the court. 

(2) The chief judge of the court may not request that a designation be made under paragraph (1) unless the chief judge has determined that no person is available to perform judicial duties with 

the court as a senior judge under subsection (e). 

(3) A designation under paragraph (1) may be made only with 

the consent of the designated judge and the concurrence of the 

chief judge of the court of appeals or district court concerned. 

(4) Per diem, travel allowances, and other allowances paid to 

the designated judge in connection with the performance of duties 

for the court shall be paid from funds available for the payment of 

per diem and such allowances for judges of the court. 

(g) EFFECT OF VACANCY ON COURT.—A vacancy on the court 

does not impair the right of the remaining judges to exercise the 

powers of the court. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1570; amended 

Pub. L. 101–510, div. A, title V, Sec. 541(f), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 102–190, div. 

A, title X, Sec. 1061(b)(1)(A), (B), (2), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 103–337, div. A, title 

IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(2), 
§ 943 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 436 

Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 

774.) 

§ 943. Art. 143. Organization and employees 

(a) CHIEF JUDGE.—(1) The chief judge of the United States 

Court of Appeals for the Armed Forces shall be the judge of the 

court in regular active service who is senior in commission among 

the judges of the court who— 

(A) have served for one or more years as judges of the 

court; and 

(B) have not previously served as chief judge. 

(2) In any case in which there is no judge of the court in regular active service who has served as a judge of the court for at 

least one year, the judge of the court in regular active service who 

is senior in commission and has not served previously as chief 

judge shall act as the chief judge. 

(3) Except as provided in paragraph (4), a judge of the court 

shall serve as the chief judge under paragraph (1) for a term of five 

years. If no other judge is eligible under paragraph (1) to serve as 

chief judge upon the expiration of that term, the chief judge shall 

continue to serve as chief judge until another judge becomes eligible under that paragraph to serve as chief judge. 

(4)(A) The term of a chief judge shall be terminated before the 

end of five years if— 

(i) the chief judge leaves regular active service as a judge 

of the court; or 

(ii) the chief judge notifies the other judges of the court in 

writing that such judge desires to be relieved of his duties as 

chief judge. 

(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves 

regular active service or the date of the notification under subparagraph (A)(ii), as the case may be. 

(5) If a chief judge is temporarily unable to perform his duties 

as a chief judge, the duties shall be performed by the judge of the 

court in active service who is present, able and qualified to act, and 

is next in precedence. 

(b) PRECEDENCE OF JUDGES.—The chief judge of the court shall 

have precedence and preside at any session that he attends. The 

other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions 

bear the same date shall have precedence according to seniority in 

age. 

(c) STATUS OF CERTAIN POSITIONS.—(1) Attorney positions of 

employment under the Court of Appeals for the Armed Forces are 

excepted from the competitive service. A position of employment 

under the court that is provided primarily for the service of one 

judge of the court, reports directly to the judge, and is a position 

of a confidential character is excepted from the competitive service. 

Appointments to positions referred to in the preceding sentences 

shall be made by the court, without the concurrence of any other 

officer or employee of the executive branch, in the same manner as 

appointments are made to other executive branch positions of a 

confidential or policy-determining character for which it is not 
437 § 945 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

practicable to examine or to hold a competitive examination. Such 

positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character 

provided in law. 

(2) In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 

2108(3) of title 5). 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1572; amended 

Pub. L. 102–484, div. A, title X, Sec. 1061(a)(1), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 103– 

337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–201, div. A, title 

X, Sec. 1068(b), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105–85, div. A, title X, Sec. 1073(a)(11), 

Nov. 18, 1997, 111 Stat. 1900.) 

§ 944. Art. 144. Procedure 

The United States Court of Appeals for the Armed Forces may 

prescribe its rules of procedure and may determine the number of 

judges required to constitute a quorum. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1572; amended 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.) 

§ 945. Art. 145. Annuities for judges and survivors 

(a) RETIREMENT ANNUITIES FOR JUDGES.—(1) A person who has 

completed a term of service for which he was appointed as a judge 

of the United States Court of Appeals for the Armed Forces is eligible for an annuity under this section upon separation from civilian 

service in the Federal Government. A person who continues service 

with the court as a senior judge under section 942(e)(1)(B) of this 

title (article 142(e)(1)(B)) upon the expiration of the judge’s term 

shall be considered to have been separated from civilian service in 

the Federal Government only upon the termination of that continuous service. 

(2) A person who is eligible for an annuity under this section 

shall be paid that annuity if, at the time he becomes eligible to receive that annuity, he elects to receive that annuity in lieu of any 

other annuity for which he may be eligible at the time of such election (whether an immediate or a deferred annuity) under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5 

or any other retirement system for civilian employees of the Federal Government. Such an election may not be revoked. 

(3)(A) The Secretary of Defense shall notify the Director of the 

Office of Personnel Management whenever an election under paragraph (2) is made affecting any right or interest under subchapter 

III of chapter 83 or subchapter II of chapter 84 of title 5 based on 

service as a judge of the United States Court of Appeals for the 

Armed Forces. 

(B) Upon receiving any notification under subparagraph (A) in 

the case of a person making an election under paragraph (2), the 

Director shall determine the amount of the person’s lump-sum 

credit under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, as applicable, and shall request the Secretary of 

the Treasury to transfer such amount from the Civil Service Retirement and Disability Fund to the Department of Defense Military 

Retirement Fund. The Secretary of the Treasury shall make any 

transfer so requested. 
§ 945 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 438 

(C) In determining the amount of a lump-sum credit under section 8331(8) of title 5 for purposes of this paragraph— 

(i) interest shall be computed using the rates under section 

8334(e)(3) of such title; and 

(ii) the completion of 5 years of civilian service (or longer) 

shall not be a basis for excluding interest. 

(b) AMOUNT OF ANNUITY.—The annuity payable under this section to a person who makes an election under subsection (a)(2) is 

80 percent of the rate of pay for a judge in active service on the 

United States Court of Appeals for the Armed Forces as of the date 

on which the person is separated from civilian service. 

(c) RELATION TO THRIFT SAVINGS PLAN.—Nothing in this section affects any right of any person to participate in the thrift savings plan under section 8351 of title 5 or subchapter III of chapter 

84 of such title. 

(d) SURVIVOR ANNUITIES.—The Secretary of Defense shall prescribe by regulation a program to provide annuities for survivors 

and former spouses of persons receiving annuities under this section by reason of elections made by such persons under subsection 

(a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar 

to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the 

Federal Government. The program may include provisions for the 

reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or 

former judge to receive an annuity under this section terminates 

any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that 

judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (g)(1)(B)). 

(e) COST-OF-LIVING INCREASES.—The Secretary of Defense shall 

periodically increase annuities and survivor annuities paid under 

this section in order to take account of changes in the cost of living. 

The Secretary shall prescribe by regulation procedures for increases in annuities under this section. Such system shall, to the 

maximum extent appropriate, provide cost-of-living adjustments 

that are similar to those that are provided under other retirement 

systems for civilian employees of the Federal Government. 

(f) DUAL COMPENSATION.—A person who is receiving an annuity under this section by reason of service as a judge of the court 

and who is appointed to a position in the Federal Government 

shall, during the period of such person’s service in such position, 

be entitled to receive only the annuity under this section or the pay 

for that position, whichever is higher. 

(g) ELECTION OF JUDICIAL RETIREMENT BENEFITS.—(1) A person who is receiving an annuity under this section by reason of 

service as a judge of the court and who later is appointed as a justice or judge of the United States to hold office during good behavior and who retires from that office, or from regular active service 

in that office, shall be paid either (A) the annuity under this section, or (B) the annuity or salary to which he is entitled by reason 
439 § 946 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 

of his service as such a justice or judge of the United States, as determined by an election by that person at the time of his retirement from the office, or from regular active service in the office, of 

justice or judge of the United States. Such an election may not be 

revoked. 

(2) An election by a person to be paid an annuity or salary pursuant to paragraph (1)(B) terminates (A) any election previously 

made by such person to provide a survivor annuity pursuant to 

subsection (d), and (B) any right of any other individual to receive 

a survivor annuity pursuant to subsection (d) on the basis of the 

service of that person. 

(h) SOURCE OF PAYMENT OF ANNUITIES.—Annuities and survivor annuities paid under this section shall be paid out of the Department of Defense Military Retirement Fund. 

(i) ELIGIBILITY TO ELECT BETWEEN RETIREMENT SYSTEMS.—(1) 

This subsection applies with respect to any person who— 

(A) prior to being appointed as a judge of the United 

States Court of Appeals for the Armed Forces, performed civilian service of a type making such person subject to the Civil 

Service Retirement System; and 

(B) would be eligible to make an election under section 

301(a)(2) of the Federal Employees’ Retirement System Act of 

1986, by virtue of being appointed as such a judge, but for the 

fact that such person has not had a break in service of sufficient duration to be considered someone who is being reemployed by the Federal Government. 

(2) Any person with respect to whom this subsection applies 

shall be eligible to make an election under section 301(a)(2) of the 

Federal Employees’ Retirement System Act of 1986 to the same extent and in the same manner (including subject to the condition set 

forth in section 301(d) of such Act) as if such person’s appointment 

constituted reemployment with the Federal Government. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1572; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(b)(1)(C), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 102– 

484, div. A, title X, Sec. 1052(11), 1062(a)(1), Oct. 23, 1992, 106 Stat. 2499, 2504; Pub. L. 103– 

337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831.) 

§ 946. Art. 146. Code committee 

(a) ANNUAL SURVEY.—A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter. 

(b) COMPOSITION OF COMMITTEE.—The committee shall consist 

of— 

(1) the judges of the United States Court of Appeals for the 

Armed Forces; 

(2) the Judge Advocates General of the Army, Navy, and 

Air Force, the Chief Counsel of the Coast Guard, and the Staff 

Judge Advocate to the Commandant of the Marine Corps; and 

(3) two members of the public appointed by the Secretary 

of Defense. 

(c) REPORTS.—(1) After each such survey, the committee shall 

submit a report— 

(A) to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives; and 
§ 946 CH. 47—UNIFORM CODE OF MILITARY JUSTICE 440 

(B) to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of Homeland Security. 

(2) Each report under paragraph (1) shall include the following: 

(A) Information on the number and status of pending 

cases. 

(B) Any recommendation of the committee relating to— 

(i) uniformity of policies as to sentences; 

(ii) amendments to this chapter; and 

(iii) any other matter the committee considers appropriate. 

(d) QUALIFICATIONS AND TERMS OF APPOINTED MEMBERS.— 

Each member of the committee appointed by the Secretary of Defense under subsection (b)(3) shall be a recognized authority in 

military justice or criminal law. Each such member shall be appointed for a term of three years. 

(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App. I) shall not 

apply to the committee. 

(Added Pub. L. 101–189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 103 Stat. 1574; amended 

Pub. L. 103–337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, 

div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, 

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 

2002, 116 Stat. 2314.) 
441 

1So in original. Does not conform to subchapter heading. 

CHAPTER 47A—MILITARY COMMISSIONS 

Subchapter Sec.

I. General Provisions ..................................................................................... 948a

II. Composition of Military Commissions ......................................................948h

III. Pre-Trial Procedure .................................................................................... 948q

IV. Trial Procedure ........................................................................................... 949a

V. Classified Information Procedures ............................................................ 949p–1 

VI. Sentences .................................................................................................... 949s

VII. Post-Trial Procedures and Review of Military Commissions 1 ............... 950a

VIII. Punitive Matters ........................................................................................ 950p

SUBCHAPTER I—GENERAL PROVISIONS 

Sec. 

948a. Definitions. 

948b. Military commissions generally. 

948c. Persons subject to military commissions. 

948d. Jurisdiction of military commissions. 

§ 948a. Definitions 

In this chapter: 

(1) ALIEN.—The term ‘‘alien’’ means an individual who is 

not a citizen of the United States. 

(2) CLASSIFIED INFORMATION.—The term ‘‘classified information’’ means the following: 

(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection 

against unauthorized disclosure for reasons of national security. 

(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 

2014(y)). 

(3) COALITION PARTNER.—The term ‘‘coalition partner’’, 

with respect to hostilities engaged in by the United States, 

means any State or armed force directly engaged along with 

the United States in such hostilities or providing direct operational support to the United States in connection with such 

hostilities. 

(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF

PRISONERS OF WAR.—The term ‘‘Geneva Convention Relative to 

the Treatment of Prisoners of War’’ means the Convention Relative to the Treatment of Prisoners of War, done at Geneva 

August 12, 1949 (6 UST 3316). 

(5) GENEVA CONVENTIONS.—The term ‘‘Geneva Conventions’’ means the international conventions signed at Geneva 

on August 12, 1949. 

(6) PRIVILEGED BELLIGERENT.—The term ‘‘privileged belligerent’’ means an individual belonging to one of the eight cat-
§ 948b CH. 47A—MILITARY COMMISSIONS 442 

egories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. 

(7) UNPRIVILEGED ENEMY BELLIGERENT.—The term 

‘‘unprivileged enemy belligerent’’ means an individual (other 

than a privileged belligerent) who— 

(A) has engaged in hostilities against the United 

States or its coalition partners; 

(B) has purposefully and materially supported hostilities against the United States or its coalition partners; 

or 

(C) was a part of al Qaeda at the time of the alleged 

offense under this chapter. 

(8) NATIONAL SECURITY.—The term ‘‘national security’’ 

means the national defense and foreign relations of the United 

States. 

(9) HOSTILITIES.—The term ‘‘hostilities’’ means any conflict 

subject to the laws of war. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2574.) 

§ 948b. Military commissions generally 

(a) PURPOSE.—This chapter establishes procedures governing 

the use of military commissions to try alien unprivileged enemy 

belligerents for violations of the law of war and other offenses triable by military commission. 

(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER THIS CHAPTER.—The President is authorized to establish military commissions under this chapter for offenses triable by military commission 

as provided in this chapter. 

(c) CONSTRUCTION OF PROVISIONS.—The procedures for military 

commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this 

title (the Uniform Code of Military Justice). Chapter 47 of this title 

does not, by its terms, apply to trial by military commission except 

as specifically provided therein or in this chapter, and many of the 

provisions of chapter 47 of this title are by their terms inapplicable 

to military commissions. The judicial construction and application 

of chapter 47 of this title, while instructive, is therefore not of its 

own force binding on military commissions established under this 

chapter. 

(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—(1) The following 

provisions of this title shall not apply to trial by military commission under this chapter: 

(A) Section 810 (article 10 of the Uniform Code of Military 

Justice), relating to speedy trial, including any rule of courtsmartial relating to speedy trial. 

(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) 

of the Uniform Code of Military Justice), relating to compulsory self-incrimination. 

(C) Section 832 (article 32 of the Uniform Code of Military 

Justice), relating to pretrial investigation. 

(2) Other provisions of chapter 47 of this title shall apply to 

trial by military commission under this chapter only to the extent 

provided by the terms of such provisions or by this chapter. 
443 § 948i CH. 47A—MILITARY COMMISSIONS 

(e) GENEVA CONVENTIONS NOT ESTABLISHING PRIVATE RIGHT

OF ACTION.—No alien unprivileged enemy belligerent subject to 

trial by military commission under this chapter may invoke the Geneva Conventions as a basis for a private right of action. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2575.) 

§ 948c. Persons subject to military commissions 

Any alien unprivileged enemy belligerent is subject to trial by 

military commission as set forth in this chapter. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2576.) 

§ 948d. Jurisdiction of military commissions 

A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made 

punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the 

law of war, whether such offense was committed before, on, or after 

September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this 

chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2576.) 

SUBCHAPTER II—COMPOSITION OF MILITARY 

COMMISSIONS 

Sec. 

948h. Who may convene military commissions. 

948i. Who may serve on military commissions. 

948j. Military judge of a military commission. 

948k. Detail of trial counsel and defense counsel. 

948l. Detail or employment of reporters and interpreters. 

948m. Number of members; excuse of members; absent and additional members. 

§ 948h. Who may convene military commissions 

Military commissions under this chapter may be convened by 

the Secretary of Defense or by any officer or official of the United 

States designated by the Secretary for that purpose. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2576.) 

§ 948i. Who may serve on military commissions 

(a) IN GENERAL.—Any commissioned officer of the armed forces 

on active duty is eligible to serve on a military commission under 

this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of 

the National Guard on active duty in Federal service, or retired 

commissioned officers recalled to active duty. 

(b) DETAIL OF MEMBERS.—When convening a military commission under this chapter, the convening authority shall detail as 

members thereof such members of the armed forces eligible under 

subsection (a) who, in the opinion of the convening authority, are 

best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member 

of an armed force is eligible to serve as a member of a military 
§ 948j CH. 47A—MILITARY COMMISSIONS 444 

commission when such member is the accuser or a witness for the 

prosecution or has acted as an investigator or counsel in the same 

case. 

(c) EXCUSE OF MEMBERS.—Before a military commission under 

this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2576.) 

§ 948j. Military judge of a military commission 

(a) DETAIL OF MILITARY JUDGE.—A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed. 

(b) ELIGIBILITY.—A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal 

court, or a member of the bar of the highest court of a State, and 

who is certified to be qualified for duty under section 826 of this 

title (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General 

of the armed force of which such military judge is a member. 

(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person is eligible to act as military judge in a case of a military commission 

under this chapter if such person is the accuser or a witness or has 

acted as investigator or a counsel in the same case. 

(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.—A 

military judge detailed to a military commission under this chapter 

may not consult with the members except in the presence of the 

accused (except as otherwise provided in section 949d of this title), 

trial counsel, and defense counsel, nor may such military judge 

vote with the members. 

(e) OTHER DUTIES.—A commissioned officer who is certified to 

be qualified for duty as a military judge of a military commission 

under this chapter may perform such other duties as are assigned 

to such officer by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the 

designee of such Judge Advocate General. 

(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING AUTHORITY.—The convening authority of a military commission under 

this chapter may not prepare or review any report concerning the 

effectiveness, fitness, or efficiency of a military judge detailed to 

the military commission which relates to such judge’s performance 

of duty as a military judge on the military commission. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2577.) 

§ 948k. Detail of trial counsel and defense counsel 

(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial counsel and 

military defense counsel shall be detailed for each military commission under this chapter. 

(2) Assistant trial counsel and assistant and associate defense 

counsel may be detailed for a military commission under this chapter. 
445 § 948k CH. 47A—MILITARY COMMISSIONS 

(3) Military defense counsel for a military commission under 

this chapter shall be detailed as soon as practicable. 

(4) The Secretary of Defense shall prescribe regulations providing for the manner in which trial counsel and military defense 

counsel are detailed for military commissions under this chapter 

and for the persons who are authorized to detail such counsel for 

such military commissions. 

(b) TRIAL COUNSEL.—Subject to subsection (e), a trial counsel 

detailed for a military commission under this chapter shall be— 

(1) a judge advocate (as that term is defined in section 801 

of this title (article 1 of the Uniform Code of Military Justice)) 

who is— 

(A) a graduate of an accredited law school or a member of the bar of a Federal court or of the highest court of 

a State; and 

(B) certified as competent to perform duties as trial 

counsel before general courts-martial by the Judge Advocate General of the armed force of which such judge advocate is a member; or 

(2) a civilian who is— 

(A) a member of the bar of a Federal court or of the 

highest court of a State; and 

(B) otherwise qualified to practice before the military 

commission pursuant to regulations prescribed by the Secretary of Defense. 

(c) DEFENSE COUNSEL.—(1) Subject to subsection (e), a military 

defense counsel detailed for a military commission under this chapter shall be a judge advocate (as so defined) who is— 

(A) a graduate of an accredited law school or a member of 

the bar of a Federal court or of the highest court of a State; 

and 

(B) certified as competent to perform duties as defense 

counsel before general courts-martial by the Judge Advocate 

General of the armed force of which such judge advocate is a 

member. 

(2) The Secretary of Defense shall prescribe regulations for the 

appointment and performance of defense counsel in capital cases 

under this chapter. 

(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—(1) The 

Chief Prosecutor in a military commission under this chapter shall 

meet the requirements set forth in subsection (b)(1). 

(2) The Chief Defense Counsel in a military commission under 

this chapter shall meet the requirements set forth in subsection 

(c)(1). 

(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who 

has acted as an investigator, military judge, or member of a military commission under this chapter in any case may act later as 

trial counsel or military defense counsel in the same case. No person who has acted for the prosecution before a military commission 

under this chapter may act later in the same case for the defense, 

nor may any person who has acted for the defense before a military 

commission under this chapter act later in the same case for the 

prosecution. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2577.) 
§ 948l CH. 47A—MILITARY COMMISSIONS 446 

§ 948l. Detail or employment of reporters and interpreters 

(a) COURT REPORTERS.—Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter shall detail to or employ for 

the military commission qualified court reporters, who shall prepare a verbatim record of the proceedings of and testimony taken 

before the military commission. 

(b) INTERPRETERS.—Under such regulations as the Secretary of 

Defense may prescribe, the convening authority of a military commission under this chapter may detail to or employ for the military 

commission interpreters who shall interpret for the military commission, and, as necessary, for trial counsel and defense counsel for 

the military commission, and for the accused. 

(c) TRANSCRIPT; RECORD.—The transcript of a military commission under this chapter shall be under the control of the convening 

authority of the military commission, who shall also be responsible 

for preparing the record of the proceedings of the military commission. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2578.) 

§ 948m. Number of members; excuse of members; absent and 

additional members 

(a) NUMBER OF MEMBERS.—(1) Except as provided in paragraph (2), a military commission under this chapter shall have at 

least five members. 

(2) In a case in which the accused before a military commission 

under this chapter may be sentenced to a penalty of death, the 

military commission shall have the number of members prescribed 

by section 949m(c) of this title. 

(b) EXCUSE OF MEMBERS.—No member of a military commission under this chapter may be absent or excused after the military 

commission has been assembled for the trial of a case unless excused— 

(1) as a result of challenge; 

(2) by the military judge for physical disability or other 

good cause; or 

(3) by order of the convening authority for good cause. 

(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military 

commission under this chapter is reduced below the number of 

members required by subsection (a), the trial may not proceed unless the convening authority details new members sufficient to provide not less than such number. The trial may proceed with the 

new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as 

provided in section 949d of this title), and counsel for both sides. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2579.) 

SUBCHAPTER III—PRE-TRIAL PROCEDURE 

Sec. 

948q. Charges and specifications. 
447 § 948r CH. 47A—MILITARY COMMISSIONS 

948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading 

treatment; prohibition of self-incrimination; admission of other statements of the accused. 

948s. Service of charges. 

§ 948q. Charges and specifications 

(a) CHARGES AND SPECIFICATIONS.—Charges and specifications 

against an accused in a military commission under this chapter 

shall be signed by a person subject to chapter 47 of this title under 

oath before a commissioned officer of the armed forces authorized 

to administer oaths and shall state— 

(1) that the signer has personal knowledge of, or reason to 

believe, the matters set forth therein; and 

(2) that such matters are true in fact to the best of the 

signer’s knowledge and belief. 

(b) NOTICE TO ACCUSED.—Upon the swearing of the charges 

and specifications in accordance with subsection (a), the accused 

shall be informed of the charges and specifications against the accused as soon as practicable. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2579.) 

§ 948r. Exclusion of statements obtained by torture or cruel, 

inhuman, or degrading treatment; prohibition of 

self-incrimination; admission of other statements 

of the accused 

(a) EXCLUSION OF STATEMENTS OBTAIN BY TORTURE OR CRUEL, INHUMAN, OR DEGRADING TREATMENT.—No statement obtained by 

the use of torture or by cruel, inhuman, or degrading treatment (as 

defined by section 1003 of the Detainee Treatment Act of 2005 (42 

U.S.C. 2000dd)), whether or not under color of law, shall be admissible in a military commission under this chapter, except against 

a person accused of torture or such treatment as evidence that the 

statement was made. 

(b) SELF-INCRIMINATION PROHIBITED.—No person shall be required to testify against himself or herself at a proceeding of a military commission under this chapter. 

(c) OTHER STATEMENTS OF THE ACCUSED.—A statement of the 

accused may be admitted in evidence in a military commission 

under this chapter only if the military judge finds— 

(1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and 

(2) that— 

(A) the statement was made incident to lawful conduct 

during military operations at the point of capture or during closely related active combat engagement, and the interests of justice would best be served by admission of the 

statement into evidence; or 

(B) the statement was voluntarily given. 

(d) DETERMINATION OF VOLUNTARINESS.—In determining for 

purposes of subsection (c)(2)(B) whether a statement was voluntarily given, the military judge shall consider the totality of the circumstances, including, as appropriate, the following: 

(1) The details of the taking of the statement, accounting 

for the circumstances of the conduct of military and intelligence operations during hostilities. 
§ 948s CH. 47A—MILITARY COMMISSIONS 448 

(2) The characteristics of the accused, such as military 

training, age, and education level. 

(3) The lapse of time, change of place, or change in identity 

of the questioners between the statement sought to be admitted and any prior questioning of the accused. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2580.) 

§ 948s. Service of charges 

The trial counsel assigned to a case before a military commission under this chapter shall cause to be served upon the accused 

and military defense counsel a copy of the charges upon which trial 

is to be had in English and, if appropriate, in another language 

that the accused understands, sufficiently in advance of trial to 

prepare a defense. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2580.) 

SUBCHAPTER IV—TRIAL PROCEDURE 

Sec. 

949a. Rules. 

949b. Unlawfully influencing action of military commission and United States 

Court of Military Commission Review. 

949c. Duties of trial counsel and defense counsel. 

949d. Sessions. 

949e. Continuances. 

949f. Challenges. 

949g. Oaths. 

949h. Former jeopardy. 

949i. Pleas of the accused. 

949j. Opportunity to obtain witnesses and other evidence. 

949k. Defense of lack of mental responsibility. 

949l. Voting and rulings. 

949m. Number of votes required. 

949n. Military commission to announce action. 

949o. Record of trial. 

§ 949a. Rules 

(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and 

post-trial procedures, including elements and modes of proof, for 

cases triable by military commission under this chapter may be 

prescribed by the Secretary of Defense. Such procedures may not 

be contrary to or inconsistent with this chapter. Except as otherwise provided in this chapter or chapter 47 of this title, the procedures and rules of evidence applicable in trials by general courtsmartial of the United States shall apply in trials by military commission under this chapter. 

(b) EXCEPTIONS.—(1) In trials by military commission under 

this chapter, the Secretary of Defense, in consultation with the Attorney General, may make such exceptions in the applicability of 

the procedures and rules of evidence otherwise applicable in general courts-martial as may be required by the unique circumstances 

of the conduct of military and intelligence operations during hostilities or by other practical need consistent with this chapter. 

(2) Notwithstanding any exceptions authorized by paragraph 

(1), the procedures and rules of evidence in trials by military commission under this chapter shall include, at a minimum, the following rights of the accused: 
449 § 949a CH. 47A—MILITARY COMMISSIONS 

(A) To present evidence in the accused’s defense, to crossexamine the witnesses who testify against the accused, and to 

examine and respond to all evidence admitted against the accused on the issue of guilt or innocence and for sentencing, as 

provided for by this chapter. 

(B) To be present at all sessions of the military commission 

(other than those for deliberations or voting), except when excluded under section 949d of this title. 

(C)(i) When none of the charges preferred against the accused are capital, to be represented before a military commission by civilian counsel if provided at no expense to the Government, and by either the defense counsel detailed or the 

military counsel of the accused’s own selection, if reasonably 

available. 

(ii) When any of the charges preferred against the accused 

are capital, to be represented before a military commission in 

accordance with clause (i) and, to the greatest extent practicable, by at least one additional counsel who is learned in applicable law relating to capital cases and who, if necessary, 

may be a civilian and compensated in accordance with regulations prescribed by the Secretary of Defense. 

(D) To self-representation, if the accused knowingly and 

competently waives the assistance of counsel, subject to the 

provisions of paragraph (4). 

(E) To the suppression of evidence that is not reliable or 

probative. 

(F) To the suppression of evidence the probative value of 

which is substantially outweighed by— 

(i) the danger of unfair prejudice, confusion of the 

issues, or misleading the members; or 

(ii) considerations of undue delay, waste of time, or 

needless presentation of cumulative evidence. 

(3) In making exceptions in the applicability in trials by military commission under this chapter from the procedures and rules 

otherwise applicable in general courts-martial, the Secretary of Defense may provide the following: 

(A) Evidence seized outside the United States shall not be 

excluded from trial by military commission on the grounds that 

the evidence was not seized pursuant to a search warrant or 

authorization. 

(B) A statement of the accused that is otherwise admissible shall not be excluded from trial by military commission 

on grounds of alleged coercion or compulsory self-incrimination 

so long as the evidence complies with the provisions of section 

948r of this title. 

(C) Evidence shall be admitted as authentic so long as— 

(i) the military judge of the military commission determines that there is sufficient evidence that the evidence is 

what it is claimed to be; and 

(ii) the military judge instructs the members that they 

may consider any issue as to authentication or identification of evidence in determining the weight, if any, to be 

given to the evidence. 
§ 949a CH. 47A—MILITARY COMMISSIONS 450 

(D) Hearsay evidence not otherwise admissible under the 

rules of evidence applicable in trial by general courts-martial 

may be admitted in a trial by military commission only if— 

(i) the proponent of the evidence makes known to the 

adverse party, sufficiently in advance to provide the adverse party with a fair opportunity to meet the evidence, 

the proponent’s intention to offer the evidence, and the 

particulars of the evidence (including information on the 

circumstances under which the evidence was obtained); 

and 

(ii) the military judge, after taking into account all of 

the circumstances surrounding the taking of the statement, including the degree to which the statement is corroborated, the indicia of reliability within the statement 

itself, and whether the will of the declarant was overborne, 

determines that— 

(I) the statement is offered as evidence of a material fact; 

(II) the statement is probative on the point for 

which it is offered; 

(III) direct testimony from the witness is not 

available as a practical matter, taking into consideration the physical location of the witness, the unique 

circumstances of military and intelligence operations 

during hostilities, and the adverse impacts on military 

or intelligence operations that would likely result from 

the production of the witness; and 

(IV) the general purposes of the rules of evidence 

and the interests of justice will best be served by admission of the statement into evidence. 

(4)(A) The accused in a military commission under this chapter 

who exercises the right to self-representation under paragraph 

(2)(D) shall conform the accused’s deportment and the conduct of 

the defense to the rules of evidence, procedure, and decorum applicable to trials by military commission. 

(B) Failure of the accused to conform to the rules described in 

subparagraph (A) may result in a partial or total revocation by the 

military judge of the right of self-representation under paragraph 

(2)(D). In such case, the military counsel of the accused or an appropriately authorized civilian counsel shall perform the functions 

necessary for the defense. 

(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.— 

The Secretary of Defense may delegate the authority of the Secretary to prescribe regulations under this chapter. 

(d) NOTICE TO CONGRESS OF MODIFICATION OF RULES.—Not 

later than 60 days before the date on which any proposed modification of the rules in effect for military commissions under this chapter goes into effect, the Secretary of Defense shall submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report describing 

the proposed modification. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2581.) 
451 § 949b CH. 47A—MILITARY COMMISSIONS 

§ 949b. Unlawfully influencing action of military commission and United States Court of Military Commission Review 

(a) MILITARY COMMISSIONS.—(1) No authority convening a military commission under this chapter may censure, reprimand, or admonish the military commission, or any member, military judge, or 

counsel thereof, with respect to the findings or sentence adjudged 

by the military commission, or with respect to any other exercises 

of its or their functions in the conduct of the proceedings. 

(2) No person may attempt to coerce or, by any unauthorized 

means, influence— 

(A) the action of a military commission under this chapter, 

or any member thereof, in reaching the findings or sentence in 

any case; 

(B) the action of any convening, approving, or reviewing 

authority with respect to their judicial acts; or 

(C) the exercise of professional judgment by trial counsel 

or defense counsel. 

(3) The provisions of this subsection shall not apply with respect to— 

(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose 

of instructing members of a command in the substantive and 

procedural aspects of military commissions; or 

(B) statements and instructions given in open proceedings 

by a military judge or counsel. 

(b) UNITED STATES COURT OF MILITARY COMMISSION REVIEW.— 

(1) No person may attempt to coerce or, by any unauthorized 

means, influence— 

(A) the action of a military appellate judge or other duly 

appointed judge under this chapter on the United States Court 

of Military Commissions Review in reaching a decision on the 

findings or sentence on appeal in any case; or 

(B) the exercise of professional judgment by trial counsel 

or defense counsel appearing before the United States Court of 

Military Commission Review. 

(2) No person may censure, reprimand, or admonish a military 

appellate judge on the United States Court of Military Commission 

Review, or counsel thereof, with respect to any exercise of their 

functions in the conduct of proceedings under this chapter. 

(3) The provisions of this subsection shall not apply with respect to— 

(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose 

of instructing members of a command in the substantive and 

procedural aspects of military commissions; or 

(B) statements and instructions given in open proceedings 

by an appellate military judge or a duly appointed appellate 

judge on the United States Court of Military Commission Review, or counsel. 

(4) No appellate military judge on the United States Court of 

Military Commission Review may be reassigned to other duties, except under circumstances as follows: 
§ 949c CH. 47A—MILITARY COMMISSIONS 452 

(A) The appellate military judge voluntarily requests to be 

reassigned to other duties and the Secretary of Defense, or the 

designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military 

judge is a member, approves such reassignment. 

(B) The appellate military judge retires or otherwise separates from the armed forces. 

(C) The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the 

armed force of which the appellate military judge is a member, 

based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such 

regulations are applicable). 

(D) The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of 

which the appellate military judge is a member, for good cause 

consistent with applicable procedures under chapter 47 of this 

title (the Uniform Code of Military Justice). 

(c) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMIS- SION IN EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining 

whether a commissioned officer of the armed forces is qualified to 

be advanced in grade, or in determining the assignment or transfer 

of any such officer or whether any such officer should be retained 

on active duty, no person may— 

(1) consider or evaluate the performance of duty of any 

member of a military commission under this chapter; or 

(2) give a less favorable rating or evaluation to any commissioned officer because of the zeal with which such officer, 

in acting as counsel, represented any accused before a military 

commission under this chapter. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2583.) 

§ 949c. Duties of trial counsel and defense counsel 

(a) TRIAL COUNSEL.—The trial counsel of a military commission under this chapter shall prosecute in the name of the United 

States. 

(b) DEFENSE COUNSEL.—(1) The accused shall be represented 

in the accused’s defense before a military commission under this 

chapter as provided in this subsection. 

(2) The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the 

accused’s own selection, if reasonably available. 

(3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel— 

(A) is a United States citizen; 

(B) is admitted to the practice of law in a State, district, 

or possession of the United States, or before a Federal court; 

(C) has not been the subject of any sanction of disciplinary 

action by any court, bar, or other competent governmental authority for relevant misconduct; 
453 § 949d CH. 47A—MILITARY COMMISSIONS 

(D) has been determined to be eligible for access to information classified at the level Secret or higher; and 

(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any 

rules of court for conduct during the proceedings. 

(4) If the accused is represented by civilian counsel, military 

counsel shall act as associate counsel. 

(5) The accused is not entitled to be represented by more than 

one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, 

in such person’s sole discretion, may detail additional military 

counsel to represent the accused. 

(6) Defense counsel may cross-examine each witness for the 

prosecution who testifies before a military commission under this 

chapter. 

(7) Civilian defense counsel shall protect any classified information received during the course of representation of the accused 

in accordance with all applicable law governing the protection of 

classified information, and may not divulge such information to any 

person not authorized to receive it. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2585.) 

§ 949d. Sessions 

(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—(1) At any 

time after the service of charges which have been referred for trial 

by military commission under this chapter, the military judge may 

call the military commission into session without the presence of 

the members for the purpose of— 

(A) hearing and determining motions raising defenses or 

objections which are capable of determination without trial of 

the issues raised by a plea of not guilty; 

(B) hearing and ruling upon any matter which may be 

ruled upon by the military judge under this chapter, whether 

or not the matter is appropriate for later consideration or decision by the members; 

(C) if permitted by regulations prescribed by the Secretary 

of Defense, receiving the pleas of the accused; and 

(D) performing any other procedural function which may 

be performed by the military judge under this chapter or under 

rules prescribed pursuant to section 949a of this title and 

which does not require the presence of the members. 

(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of 

the accused, defense counsel, and trial counsel, and shall be made 

part of the record. 

(b) DELIBERATION OR VOTE OF MEMBERS.—When the members 

of a military commission under this chapter deliberate or vote, only 

the members may be present. 

(c) CLOSURE OF PROCEEDINGS.—(1) The military judge may 

close to the public all or part of the proceedings of a military commission under this chapter. 

(2) The military judge may close to the public all or a portion 

of the proceedings under paragraph (1) only upon making a specific 

finding that such closure is necessary to— 
§ 949e CH. 47A—MILITARY COMMISSIONS 454 

(A) protect information the disclosure of which could reasonably be expected to cause damage to the national security, 

including intelligence or law enforcement sources, methods, or 

activities; or 

(B) ensure the physical safety of individuals. 

(3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either 

trial counsel or defense counsel. 

(d) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.—The 

military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the military judge, the accused persists in conduct that justifies exclusion 

from the courtroom— 

(1) to ensure the physical safety of individuals; or 

(2) to prevent disruption of the proceedings by the accused. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2585.) 

§ 949e. Continuances 

The military judge in a military commission under this chapter 

may, for reasonable cause, grant a continuance to any party for 

such time, and as often, as may appear to be just. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2586.) 

§ 949f. Challenges 

(a) CHALLENGES AUTHORIZED.—The military judge and members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance 

and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the 

accused are offered. 

(b) PEREMPTORY CHALLENGES.—The accused and trial counsel 

are each entitled to one peremptory challenge, but the military 

judge may not be challenged except for cause. 

(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever 

additional members are detailed to a military commission under 

this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial 

counsel are each entitled to one peremptory challenge against 

members not previously subject to peremptory challenge. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2586.) 

§ 949g. Oaths 

(a) IN GENERAL.—(1) Before performing their respective duties 

in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters 

shall take an oath to perform their duties faithfully. 

(2) The form of the oath required by paragraph (1), the time 

and place of the taking thereof, the manner of recording thereof, 

and whether the oath shall be taken for all cases in which duties 

are to be performed or for a particular case, shall be as provided 

in regulations prescribed by the Secretary of Defense. The regulations may provide that— 
455 § 949j CH. 47A—MILITARY COMMISSIONS 

(A) an oath to perform faithfully duties as a military judge, 

trial counsel, or defense counsel may be taken at any time by 

any judge advocate or other person certified to be qualified or 

competent for the duty; and 

(B) if such an oath is taken, such oath need not again be 

taken at the time the judge advocate or other person is detailed to that duty. 

(b) WITNESSES.—Each witness before a military commission 

under this chapter shall be examined on oath. 

(c) OATH DEFINED.—In this section, the term ‘‘oath’’ includes 

an affirmation. 

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

§ 949h. Former jeopardy 

(a) IN GENERAL.—No person may, without the person’s consent, 

be tried by a military commission under this chapter a second time 

for the same offense. 

(b) SCOPE OF TRIAL.—No proceeding in which the accused has 

been found guilty by military commission under this chapter upon 

any charge or specification is a trial in the sense of this section 

until the finding of guilty has become final after review of the case 

has been fully completed. 

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

§ 949i. Pleas of the accused 

(a) PLEA OF NOT GUILTY.—If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered 

the plea of guilty through lack of understanding of its meaning and 

effect, or if the accused fails or refuses to plead, a plea of not guilty 

shall be entered in the record, and the military commission shall 

proceed as though the accused had pleaded not guilty. 

(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to 

any charge or specification to which a plea of guilty has been made 

by the accused in a military commission under this chapter and accepted by the military judge, a finding of guilty of the charge or 

specification may be entered immediately without a vote. The finding shall constitute the finding of the military commission unless 

the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the 

accused had pleaded not guilty. 

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

§ 949j. Opportunity to obtain witnesses and other evidence 

(a) IN GENERAL.—(1) Defense counsel in a military commission 

under this chapter shall have a reasonable opportunity to obtain 

witnesses and other evidence as provided in regulations prescribed 

by the Secretary of Defense. The opportunity to obtain witnesses 

and evidence shall be comparable to the opportunity available to a 

criminal defendant in a court of the United States under article III 

of the Constitution. 

(2) Process issued in military commissions under this chapter 

to compel witnesses to appear and testify and to compel the production of other evidence— 
§ 949k CH. 47A—MILITARY COMMISSIONS 456 

(A) shall be similar to that which courts of the United 

States having criminal jurisdiction may lawfully issue; and 

(B) shall run to any place where the United States shall 

have jurisdiction thereof. 

(b) DISCLOSURE OF EXCULPATORY EVIDENCE.—(1) As soon as 

practicable, trial counsel in a military commission under this chapter shall disclose to the defense the existence of any evidence that 

reasonably tends to— 

(A) negate the guilt of the accused of an offense charged; 

or 

(B) reduce the degree of guilt of the accused with respect 

to an offense charged. 

(2) The trial counsel shall, as soon as practicable, disclose to 

the defense the existence of evidence that reasonably tends to impeach the credibility of a witness whom the government intends to 

call at trial. 

(3) The trial counsel shall, as soon as practicable upon a finding of guilt, disclose to the defense the existence of evidence that 

is not subject to paragraph (1) or paragraph (2) but that reasonably 

may be viewed as mitigation evidence at sentencing. 

(4) The disclosure obligations under this subsection encompass 

evidence that is known or reasonably should be known to any government officials who participated in the investigation and prosecution of the case against the defendant. 

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

§ 949k. Defense of lack of mental responsibility 

(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in a 

trial by military commission under this chapter that, at the time 

of the commission of the acts constituting the offense, the accused, 

as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. 

Mental disease or defect does not otherwise constitute a defense. 

(b) BURDEN OF PROOF.—The accused in a military commission 

under this chapter has the burden of proving the defense of lack 

of mental responsibility by clear and convincing evidence. 

(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever 

lack of mental responsibility of the accused with respect to an offense is properly at issue in a military commission under this chapter, the military judge shall instruct the members as to the defense 

of lack of mental responsibility under this section and shall charge 

the members to find the accused— 

(1) guilty; 

(2) not guilty; or 

(3) subject to subsection (d), not guilty by reason of lack of 

mental responsibility. 

(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall 

be found not guilty by reason of lack of mental responsibility under 

subsection (c)(3) only if a majority of the members present at the 

time the vote is taken determines that the defense of lack of mental responsibility has been established. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2588.) 
457 § 949m CH. 47A—MILITARY COMMISSIONS 

§ 949l. Voting and rulings 

(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by members of 

a military commission under this chapter on the findings and on 

the sentence shall be by secret written ballot. 

(b) RULINGS.—(1) The military judge in a military commission 

under this chapter shall rule upon all questions of law, including 

the admissibility of evidence and all interlocutory questions arising 

during the proceedings. 

(2) Any ruling made by the military judge upon a question of 

law or an interlocutory question (other than the factual issue of 

mental responsibility of the accused) is conclusive and constitutes 

the ruling of the military commission. However, a military judge 

may change such a ruling at any time during the trial. 

(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is taken of 

the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge 

the members— 

(1) that the accused must be presumed to be innocent until 

the accused’s guilt is established by legal and competent evidence beyond a reasonable doubt; 

(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted; 

(3) that, if there is reasonable doubt as to the degree of 

guilt, the finding must be in a lower degree as to which there 

is no reasonable doubt; and 

(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2589.) 

§ 949m. Number of votes required 

(a) CONVICTION.—No person may be convicted by a military 

commission under this chapter of any offense, except as provided 

in section 949i(b) of this title or by concurrence of two-thirds of the 

members present at the time the vote is taken. 

(b) SENTENCES.—(1) Except as provided in paragraphs (2) and 

(3), sentences shall be determined by a military commission by the 

concurrence of two-thirds of the members present at the time the 

vote is taken. 

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

(A) the penalty of death has been expressly authorized 

under this chapter, chapter 47 of this title, or the law of war 

for an offense of which the accused has been found guilty; 

(B) trial counsel expressly sought the penalty of death by 

filing an appropriate notice in advance of trial; 

(C) the accused was convicted of the offense by the concurrence of all the members present at the time the vote is taken; 

and 

(D) all members present at the time the vote was taken 

concurred in the sentence of death. 
§ 949n CH. 47A—MILITARY COMMISSIONS 458 

(3) No person may be sentenced to life imprisonment, or to confinement for more than 10 years, by a military commission under 

this chapter except by the concurrence of three-fourths of the members present at the time the vote is taken. 

(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.— (1) Except as provided in paragraph (2), in a case in which the penalty of death is sought, the number of members of the military 

commission under this chapter shall be not less than 12 members. 

(2) In any case described in paragraph (1) in which 12 members are not reasonably available for a military commission because 

of physical conditions or military exigencies, the convening authority shall specify a lesser number of members for the military commission (but not fewer than 9 members), and the military commission may be assembled, and the trial held, with not less than the 

number of members so specified. In any such case, the convening 

authority shall make a detailed written statement, to be appended 

to the record, stating why a greater number of members were not 

reasonably available. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2589.) 

§ 949n. Military commission to announce action 

A military commission under this chapter shall announce its 

findings and sentence to the parties as soon as determined. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2590.) 

§ 949o. Record of trial 

(a) RECORD; AUTHENTICATION.—Each military commission 

under this chapter shall keep a separate, verbatim, record of the 

proceedings in each case brought before it, and the record shall be 

authenticated by the signature of the military judge. If the record 

cannot be authenticated by the military judge by reason of death, 

disability, or absence, it shall be authenticated by the signature of 

the trial counsel or by a member of the commission if the trial 

counsel is unable to authenticate it by reason of death, disability, 

or absence. Where appropriate, and as provided in regulations prescribed by the Secretary of Defense, the record of a military commission under this chapter may contain a classified annex. 

(b) COMPLETE RECORD REQUIRED.—A complete record of the 

proceedings and testimony shall be prepared in every military commission under this chapter. 

(c) PROVISION OF COPY TO ACCUSED.—A copy of the record of 

the proceedings of the military commission under this chapter shall 

be given the accused as soon as it is authenticated. If the record 

contains classified information, or a classified annex, the accused 

shall receive a redacted version of the record consistent with the 

requirements of subchapter V of this chapter. Defense counsel shall 

have access to the unredacted record, as provided in regulations 

prescribed by the Secretary of Defense. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2590.) 

SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES 

Sec. 

949p–1. Protection of classified information: applicability of subchapter. 

949p–2. Pretrial conference. 
459 § 949p–2 CH. 47A—MILITARY COMMISSIONS 

949p–3. Protective orders. 

949p–4. Discovery of, and access to, classified information by the accused. 

949p–5. Notice by accused of intention to disclose classified information. 

949p–6. Procedure for cases involving classified information. 

949p–7. Introduction of classified information into evidence. 

§ 949p–1. Protection of classified information: applicability 

of subchapter 

(a) PROTECTION OF CLASSIFIED INFORMATION.—Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security. Under no circumstances may a military judge order the release of classified information to any person not authorized to receive such information. 

(b) ACCESS TO EVIDENCE.—Any information admitted into evidence pursuant to any rule, procedure, or order by the military 

judge shall be provided to the accused. 

(c) DECLASSIFICATION.—Trial counsel shall work with the original classification authorities for evidence that may be used at trial 

to ensure that such evidence is declassified to the maximum extent 

possible, consistent with the requirements of national security. A 

decision not to declassify evidence under this section shall not be 

subject to review by a military commission or upon appeal. 

(d) CONSTRUCTION OF PROVISIONS.—The judicial construction of 

the Classified Information Procedures Act (18 U.S.C. App.) shall be 

authoritative in the interpretation of this subchapter, except to the 

extent that such construction is inconsistent with the specific requirements of this chapter. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2590.) 

§ 949p–2. Pretrial conference 

(a) MOTION.—At any time after service of charges, any party 

may move for a pretrial conference to consider matters relating to 

classified information that may arise in connection with the prosecution. 

(b) CONFERENCE.—Following a motion under subsection (a), or 

sua sponte, the military judge shall promptly hold a pretrial conference. Upon request by either party, the court shall hold such 

conference ex parte to the extent necessary to protect classified information from disclosure, in accordance with the practice of the 

Federal courts under the Classified Information Procedures Act (18 

U.S.C. App.). 

(c) MATTERS TO BE ESTABLISHED AT PRETRIAL CONFERENCE.— 

(1) TIMING OF SUBSEQUENT ACTIONS.—At the pretrial conference, the military judge shall establish the timing of— 

(A) requests for discovery; 

(B) the provision of notice required by section 949p–5 

of this title; and 

(C) the initiation of the procedure established by section 949p–6 of this title. 

(2) OTHER MATTERS.—At the pretrial conference, the military judge may also consider any matter— 

(A) which relates to classified information; or 

(B) which may promote a fair and expeditious trial. 

(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRETRIAL CON- FERENCE.—No admission made by the accused or by any counsel 
§ 949p–3 CH. 47A—MILITARY COMMISSIONS 460 

for the accused at a pretrial conference under this section may be 

used against the accused unless the admission is in writing and is 

signed by the accused and by the counsel for the accused. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2591.) 

§ 949p–3. Protective orders 

Upon motion of the trial counsel, the military judge shall issue 

an order to protect against the disclosure of any classified information that has been disclosed by the United States to any accused 

in any military commission under this chapter or that has otherwise been provided to, or obtained by, any such accused in any 

such military commission. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2591.) 

§ 949p–4. Discovery of, and access to, classified information 

by he accused 

(a) LIMITATIONS ON DISCOVERY OR ACCESS BY THE ACCUSED.— (1) DECLARATIONS BY THE UNITED STATES OF DAMAGE TO

NATIONAL SECURITY.—In any case before a military commission 

in which the United States seeks to delete, withhold, or otherwise obtain other relief with respect to the discovery of or access to any classified information, the trial counsel shall submit a declaration invoking the United States’ classified information privilege and setting forth the damage to the national 

security that the discovery of or access to such information reasonably could be expected to cause. The declaration shall be 

signed by a knowledgeable United States official possessing authority to classify information. 

(2) STANDARD FOR AUTHORIZATION OF DISCOVERY OR AC- CESS.—Upon the submission of a declaration under paragraph 

(1), the military judge may not authorize the discovery of or access to such classified information unless the military judge determines that such classified information would be noncumulative, relevant, and helpful to a legally cognizable defense, rebuttal of the prosecution’s case, or to sentencing, in accordance 

with standards generally applicable to discovery of or access to 

classified information in Federal criminal cases. If the discovery of or access to such classified information is authorized, 

it shall be addressed in accordance with the requirements of 

subsection (b). 

(b) DISCOVERY OF CLASSIFIED INFORMATION.— (1) SUBSTITUTIONS AND OTHER RELIEF.—The military 

judge, in assessing the accused’s discovery of or access to classified information under this section, may authorize the United 

States— 

(A) to delete or withhold specified items of classified 

information; 

(B) to substitute a summary for classified information; 

or 

(C) to substitute a statement admitting relevant facts 

that the classified information or material would tend to 

prove. 

(2) EX PARTE PRESENTATIONS.—The military judge shall 

permit the trial counsel to make a request for an authorization 
461 § 949p–5 CH. 47A—MILITARY COMMISSIONS 

under paragraph (1) in the form of an ex parte presentation to 

the extent necessary to protect classified information, in accordance with the practice of the Federal courts under the 

Classified Information Procedures Act (18 U.S.C. App.). If the 

military judge enters an order granting relief following such an 

ex parte showing, the entire presentation (including the text of 

any written submission, verbatim transcript of the ex parte 

oral conference or hearing, and any exhibits received by the 

court as part of the ex parte presentation) shall be sealed and 

preserved in the records of the military commission to be made 

available to the appellate court in the event of an appeal. 

(3) ACTION BY MILITARY JUDGE.—The military judge shall 

grant the request of the trial counsel to substitute a summary 

or to substitute a statement admitting relevant facts, or to provide other relief in accordance with paragraph (1), if the military judge finds that the summary, statement, or other relief 

would provide the accused with substantially the same ability 

to make a defense as would discovery of or access to the specific classified information. 

(c) RECONSIDERATION.—An order of a military judge authorizing a request of the trial counsel to substitute, summarize, withhold, or prevent access to classified information under this section 

is not subject to a motion for reconsideration by the accused, if 

such order was entered pursuant to an ex parte showing under this 

section. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2592.) 

§ 949p–5. Notice by accused of intention to disclose classified information 

(a) NOTICE BY ACCUSED.— 

(1) NOTIFICATION OF TRIAL COUNSEL AND MILITARY

JUDGE.—If an accused reasonably expects to disclose, or to 

cause the disclosure of, classified information in any manner in 

connection with any trial or pretrial proceeding involving the 

prosecution of such accused, the accused shall, within the time 

specified by the military judge or, where no time is specified, 

within 30 days before trial, notify the trial counsel and the 

military judge in writing. Such notice shall include a brief description of the classified information. Whenever the accused 

learns of additional classified information the accused reasonably expects to disclose, or to cause the disclosure of, at any 

such proceeding, the accused shall notify trial counsel and the 

military judge in writing as soon as possible thereafter and 

shall include a brief description of the classified information. 

(2) LIMITATION ON DISCLOSURE BY ACCUSED.—No accused 

shall disclose, or cause the disclosure of, any information 

known or believed to be classified in connection with a trial or 

pretrial proceeding until— 

(A) notice has been given under paragraph (1); and 

(B) the United States has been afforded a reasonable 

opportunity to seek a determination pursuant to the procedure set forth in section 949p–6 of this title and the time 

for the United States to appeal such determination under 
§ 949p–6 CH. 47A—MILITARY COMMISSIONS 462 

section 950d of this title has expired or any appeal under 

that section by the United States is decided. 

(b) FAILURE TO COMPLY.—If the accused fails to comply with 

the requirements of subsection (a), the military judge— 

(1) may preclude disclosure of any classified information 

not made the subject of notification; and 

(2) may prohibit the examination by the accused of any 

witness with respect to any such information. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2593.) 

§ 949p–6. Procedure for cases involving classified information 

(a) MOTION FOR HEARING.— (1) REQUEST FOR HEARING.—Within the time specified by 

the military judge for the filing of a motion under this section, 

either party may request the military judge to conduct a hearing to make all determinations concerning the use, relevance, 

or admissibility of classified information that would otherwise 

be made during the trial or pretrial proceeding. 

(2) CONDUCT OF HEARING.—Upon a request by either party 

under paragraph (1), the military judge shall conduct such a 

hearing and shall rule prior to conducting any further proceedings. 

(3) IN CAMERA HEARING UPON DECLARATION TO COURT BY

APPROPRIATE OFFICIAL OF RISK OF DISCLOSURE OF CLASSIFIED

INFORMATION.—Any hearing held pursuant to this subsection 

(or any portion of such hearing specified in the request of a 

knowledgeable United States official) shall be held in camera 

if a knowledgeable United States official possessing authority 

to classify information submits to the military judge a declaration that a public proceeding may result in the disclosure of 

classified information. Classified information is not subject to 

disclosure under this section unless the information is relevant 

and necessary to an element of the offense or a legally cognizable defense and is otherwise admissible in evidence. 

(4) MILITARY JUDGE TO MAKE DETERMINATIONS IN WRITING.—As to each item of classified information, the military 

judge shall set forth in writing the basis for the determination. 

(b) NOTICE AND USE OF CLASSIFIED INFORMATION BY THE GOVERNMENT.— 

(1) NOTICE TO ACCUSED.—Before any hearing is conducted 

pursuant to a request by the trial counsel under subsection (a), 

trial counsel shall provide the accused with notice of the classified information that is at issue. Such notice shall identify the 

specific classified information at issue whenever that information previously has been made available to the accused by the 

United States. When the United States has not previously 

made the information available to the accused in connection 

with the case the information may be described by generic category, in such forms as the military judge may approve, rather 

than by identification of the specific information of concern to 

the United States. 

(2) ORDER BY MILITARY JUDGE UPON REQUEST OF ACCUSED.—Whenever the trial counsel requests a hearing under 
463 § 949p–6 CH. 47A—MILITARY COMMISSIONS 

subsection (a), the military judge, upon request of the accused, 

may order the trial counsel to provide the accused, prior to 

trial, such details as to the portion of the charge or specification at issue in the hearing as are needed to give the accused 

fair notice to prepare for the hearing. 

(c) SUBSTITUTIONS.— 

(1) IN CAMERA PRETRIAL HEARING.—Upon request of the 

trial counsel pursuant to the Military Commission Rules of 

Evidence, and in accordance with the security procedures established by the military judge, the military judge shall conduct a classified in camera pretrial hearing concerning the admissibility of classified information. 

(2) PROTECTION OF SOURCES, METHODS, AND ACTIVITIES BY

WHICH EVIDENCE ACQUIRED.—When trial counsel seeks to introduce evidence before a military commission under this chapter 

and the Executive branch has classified the sources, methods, 

or activities by which the United States acquired the evidence, 

the military judge shall permit trial counsel to introduce the 

evidence, including a substituted evidentiary foundation pursuant to the procedures described in subsection (d), while protecting from disclosure information identifying those sources, 

methods, or activities, if— 

(A) the evidence is otherwise admissible; and 

(B) the military judge finds that— 

(i) the evidence is reliable; and 

(ii) the redaction is consistent with affording the 

accused a fair trial. 

(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED

INFORMATION.— 

(1) MOTION BY THE UNITED STATES.—Upon any determination by the military judge authorizing the disclosure of specific 

classified information under the procedures established by this 

section, the trial counsel may move that, in lieu of the disclosure of such specific classified information, the military judge 

order— 

(A) the substitution for such classified information of 

a statement admitting relevant facts that the specific classified information would tend to prove; 

(B) the substitution for such classified information of 

a summary of the specific classified information; or 

(C) any other procedure or redaction limiting the disclosure of specific classified information. 

(2) ACTION ON MOTION.—The military judge shall grant 

such a motion of the trial counsel if the military judge finds 

that the statement, summary, or other procedure or redaction 

will provide the defendant with substantially the same ability 

to make his defense as would disclosure of the specific classified information. 

(3) HEARING ON MOTION.—The military judge shall hold a 

hearing on any motion under this subsection. Any such hearing 

shall be held in camera at the request of a knowledgeable 

United States official possessing authority to classify information. 
§ 949p–6 CH. 47A—MILITARY COMMISSIONS 464 

(4) SUBMISSION OF STATEMENT OF DAMAGE TO NATIONAL SE- CURITY IF DISCLOSURE ORDERED.—The trial counsel may, in 

connection with a motion under paragraph (1), submit to the 

military judge a declaration signed by a knowledgeable United 

States official possessing authority to classify information certifying that disclosure of classified information would cause identifiable damage to the national security of the United States 

and explaining the basis for the classification of such information. If so requested by the trial counsel, the military judge 

shall examine such declaration during an ex parte presentation. 

(e) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the 

close of an in camera hearing under this section (or any portion of 

a hearing under this section that is held in camera), the military 

judge determines that the classified information at issue may not 

be disclosed or elicited at the trial or pretrial proceeding, the record 

of such in camera hearing shall be sealed and preserved for use in 

the event of an appeal. The accused may seek reconsideration of 

the military judge’s determination prior to or during trial. 

(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION

BY THE ACCUSED; RELIEF FOR ACCUSED WHEN THE UNITED STATES

OPPOSES DISCLOSURE.— (1) ORDER TO PREVENT DISCLOSURE BY ACCUSED.—Whenever the military judge denies a motion by the trial counsel 

that the judge issue an order under subsection (a), (c), or (d) 

and the trial counsel files with the military judge a declaration 

signed by a knowledgeable United States official possessing authority to classify information objecting to disclosure of the 

classified information at issue, the military judge shall order 

that the accused not disclose or cause the disclosure of such information. 

(2) RESULT OF ORDER UNDER PARAGRAPH (1).—Whenever an 

accused is prevented by an order under paragraph (1) from disclosing or causing the disclosure of classified information, the 

military judge shall dismiss the case, except that, when the 

military judge determines that the interests of justice would 

not be served by dismissal of the case, the military judge shall 

order such other action, in lieu of dismissing the charge or 

specification, as the military judge determines is appropriate. 

Such action may include, but need not be limited to, the following: 

(A) Dismissing specified charges or specifications. 

(B) Finding against the United States on any issue as 

to which the excluded classified information relates. 

(C) Striking or precluding all or part of the testimony 

of a witness. 

(3) TIME FOR THE UNITED STATES TO SEEK INTERLOCUTORY

APPEAL.—An order under paragraph (2) shall not take effect 

until the military judge has afforded the United States— 

(A) an opportunity to appeal such order under section 

950d of this title; and 

(B) an opportunity thereafter to withdraw its objection 

to the disclosure of the classified information at issue. 

(g) RECIPROCITY.— 
465 § 949p–7 CH. 47A—MILITARY COMMISSIONS 

(1) DISCLOSURE OF REBUTTAL INFORMATION.—Whenever 

the military judge determines that classified information may 

be disclosed in connection with a trial or pretrial proceeding, 

the military judge shall, unless the interests of fairness do not 

so require, order the United States to provide the accused with 

the information it expects to use to rebut the classified information. The military judge may place the United States under 

a continuing duty to disclose such rebuttal information. 

(2) SANCTION FOR FAILURE TO COMPLY.—If the United 

States fails to comply with its obligation under this subsection, 

the military judge— 

(A) may exclude any evidence not made the subject of 

a required disclosure; and 

(B) may prohibit the examination by the United States 

of any witness with respect to such information. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2593.) 

§ 949p–7. Introduction of classified information into evidence 

(a) PRESERVATION OF CLASSIFICATION STATUS.—Writings, recordings, and photographs containing classified information may be 

admitted into evidence in proceedings of military commissions 

under this chapter without change in their classification status. 

(b) PRECAUTIONS BY MILITARY JUDGES.— (1) PRECAUTIONS IN ADMITTING CLASSIFIED INFORMATION

INTO EVIDENCE.—The military judge in a trial by military commission, in order to prevent unnecessary disclosure of classified 

information, may order admission into evidence of only part of 

a writing, recording, or photograph, or may order admission 

into evidence of the whole writing, recording, or photograph 

with excision of some or all of the classified information contained therein, unless the whole ought in fairness be considered. 

(2) CLASSIFIED INFORMATION KEPT UNDER SEAL.—The military judge shall allow classified information offered or accepted 

into evidence to remain under seal during the trial, even if 

such evidence is disclosed in the military commission, and 

may, upon motion by the United States, seal exhibits containing classified information for any period after trial as necessary to prevent a disclosure of classified information when a 

knowledgeable United States official possessing authority to 

classify information submits to the military judge a declaration 

setting forth the damage to the national security that the disclosure of such information reasonably could be expected to 

cause. 

(c) TAKING OF TESTIMONY.— 

(1) OBJECTION BY TRIAL COUNSEL.—During the examination of a witness, trial counsel may object to any question or 

line of inquiry that may require the witness to disclose classified information not previously found to be admissible. 

(2) ACTION BY MILITARY JUDGE.—Following an objection 

under paragraph (1), the military judge shall take such suitable action to determine whether the response is admissible as 

will safeguard against the compromise of any classified infor-
§ 949s CH. 47A—MILITARY COMMISSIONS 466 

mation. Such action may include requiring trial counsel to provide the military judge with a proffer of the witness’ response 

to the question or line of inquiry and requiring the accused to 

provide the military judge with a proffer of the nature of the 

information sought to be elicited by the accused. Upon request, 

the military judge may accept an ex parte proffer by trial counsel to the extent necessary to protect classified information 

from disclosure, in accordance with the practice of the Federal 

courts under the Classified Information Procedures Act (18 

U.S.C. App.). 

(d) DISCLOSURE AT TRIAL OF CERTAIN STATEMENTS PREVIOUSLY

MADE BY A WITNESS.— 

(1) MOTION FOR PRODUCTION OF STATEMENTS IN POSSESSION OF THE UNITED STATES.—After a witness called by the 

trial counsel has testified on direct examination, the military 

judge, on motion of the accused, may order production of statements of the witness in the possession of the United States 

which relate to the subject matter as to which the witness has 

testified. This paragraph does not preclude discovery or assertion of a privilege otherwise authorized. 

(2) INVOCATION OF PRIVILEGE BY THE UNITED STATES.—If 

the United States invokes a privilege, the trial counsel may 

provide the prior statements of the witness to the military 

judge during an ex parte presentation to the extent necessary 

to protect classified information from disclosure, in accordance 

with the practice of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.). 

(3) ACTION BY MILITARY JUDGE ON MOTION.—If the military 

judge finds that disclosure of any portion of the statement 

identified by the United States as classified would be detrimental to the national security in the degree to warrant classification under the applicable Executive Order, statute, or regulation, that such portion of the statement is consistent with the 

testimony of the witness, and that the disclosure of such portion is not necessary to afford the accused a fair trial, the military judge shall excise that portion from the statement. If the 

military judge finds that such portion of the statement is inconsistent with the testimony of the witness or that its disclosure is necessary to afford the accused a fair trial, the military 

judge, shall, upon the request of the trial counsel, review alternatives to disclosure in accordance with section 949p–6(d) of 

this title. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2596.) 

SUBCHAPTER VI—SENTENCES 

Sec. 

949s. Cruel or unusual punishments prohibited. 

949t. Maximum limits. 

949u. Execution of confinement. 

§ 949s. Cruel or unusual punishments prohibited 

Punishment by flogging, or by branding, marking, or tattooing 

on the body, or any other cruel or unusual punishment, may not 

be adjudged by a military commission under this chapter or in-
467 § 950a CH. 47A—MILITARY COMMISSIONS 

1So in original. Does not conform to section catchline. 

flicted under this chapter upon any person subject to this chapter. 

The use of irons, single or double, except for the purpose of safe 

custody, is prohibited under this chapter. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2598.) 

§ 949t. Maximum limits 

The punishment which a military commission under this chapter may direct for an offense may not exceed such limits as the 

President or Secretary of Defense may prescribe for that offense. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2598.) 

§ 949u. Execution of confinement 

(a) IN GENERAL.—Under such regulations as the Secretary of 

Defense may prescribe, a sentence of confinement adjudged by a 

military commission under this chapter may be carried into execution by confinement— 

(1) in any place of confinement under the control of any of 

the armed forces; or 

(2) in any penal or correctional institution under the control of the United States or its allies, or which the United 

States may be allowed to use. 

(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE

ARMED FORCES.—Persons confined under subsection (a)(2) in a 

penal or correctional institution not under the control of an armed 

force are subject to the same discipline and treatment as persons 

confined or committed by the courts of the United States or of the 

State, District of Columbia, or place in which the institution is situated. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2598.) 

SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW 

OF MILITARY COMMISSIONS 

Sec. 

950a. Error of law; lesser included offense. 

950b. Review by the convening authority. 

950c. Appellate referral; waiver or withdrawal of appeal. 

950d. Interlocutory appeals by the United States. 

950e. Rehearings. 

950f. Review by United States Court of Military Commission Review. 

950g. Review by United States Court of Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.1

950h. Appellate counsel. 

950i. Execution of sentence; suspension of sentence. 

950j. Finality of proceedings, findings, and sentences. 

§ 950a. Error of law; lesser included offense 

(a) ERROR OF LAW.—A finding or sentence of a military commission under this chapter may not be held incorrect on the ground 

of an error of law unless the error materially prejudices the substantial rights of the accused. 

(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with 

the power to approve or affirm a finding of guilty by a military 
§ 950b CH. 47A—MILITARY COMMISSIONS 468 

2So in original. Probably should be ‘‘given’’. 

commission under this chapter may approve or affirm, instead, so 

much of the finding as includes a lesser included offense. 

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

§ 950b. Review by the convening authority 

(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SEN- TENCE.—The findings and sentence of a military commission under 

this chapter shall be reported in writing promptly to the convening 

authority after the announcement of the sentence. 

(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AU- THORITY.—(1) The accused may submit to the convening authority 

matters for consideration by the convening authority with respect 

to the findings and the sentence of the military commission under 

this chapter. 

(2)(A) Except as provided in subparagraph (B), a submittal 

under paragraph (1) shall be made in writing within 20 days after 

the accused has been give 2 an authenticated record of trial under 

section 949o(c) of this title. 

(B) If the accused shows that additional time is required for 

the accused to make a submittal under paragraph (1), the convening authority may, for good cause, extend the applicable period 

under subparagraph (A) for not more than an additional 20 days. 

(3) The accused may waive the accused’s right to make a submittal to the convening authority under paragraph (1). Such a 

waiver shall be made in writing, and may not be revoked. For the 

purposes of subsection (c)(2), the time within which the accused 

may make a submittal under this subsection shall be deemed to 

have expired upon the submittal of a waiver under this paragraph 

to the convening authority. 

(c) ACTION BY CONVENING AUTHORITY.—(1) The authority 

under this subsection to modify the findings and sentence of a military commission under this chapter is a matter of the sole discretion and prerogative of the convening authority. 

(2) The convening authority is not required to take action on 

the findings of a military commission under this chapter. If the 

convening authority takes action on the findings, the convening authority may, in the sole discretion of the convening authority, 

only— 

(A) dismiss any charge or specification by setting aside a 

finding of guilty thereto; or 

(B) change a finding of guilty to a charge to a finding of 

guilty to an offense that is a lesser included offense of the offense stated in the charge. 

(3)(A) The convening authority shall take action on the sentence of a military commission under this chapter. 

(B) Subject to regulations prescribed by the Secretary of Defense, action under this paragraph may be taken only after consideration of any matters submitted by the accused under subsection 

(b) or after the time for submitting such matters expires, whichever 

is earlier. 

(C) In taking action under this paragraph, the convening authority may, in the sole discretion of the convening authority, ap-
469 § 950c CH. 47A—MILITARY COMMISSIONS 

prove, disapprove, commute, or suspend the sentence in whole or 

in part. The convening authority may not increase a sentence beyond that which is found by the military commission. 

(4) The convening authority shall serve on the accused or on 

defense counsel notice of any action taken by the convening authority under this subsection. 

(d) ORDER OF REVISION OR REHEARING.—(1) Subject to paragraphs (2) and (3), the convening authority of a military commission under this chapter may, in the sole discretion of the convening 

authority, order a proceeding in revision or a rehearing. 

(2)(A) Except as provided in subparagraph (B), a proceeding in 

revision may be ordered by the convening authority if— 

(i) there is an apparent error or omission in the record; or 

(ii) the record shows improper or inconsistent action by the 

military commission with respect to the findings or sentence 

that can be rectified without material prejudice to the substantial rights of the accused. 

(B) In no case may a proceeding in revision— 

(i) reconsider a finding of not guilty of a specification or a 

ruling which amounts to a finding of not guilty; 

(ii) reconsider a finding of not guilty of any charge, unless 

there has been a finding of guilty under a specification laid 

under that charge, which sufficiently alleges a violation; or 

(iii) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. 

(3) A rehearing may be ordered by the convening authority if 

the convening authority disapproves the findings and sentence and 

states the reasons for disapproval of the findings. If the convening 

authority disapproves the finding and sentence and does not order 

a rehearing, the convening authority shall dismiss the charges. A 

rehearing as to the findings may not be ordered by the convening 

authority when there is a lack of sufficient evidence in the record 

to support the findings. A rehearing as to the sentence may be ordered by the convening authority if the convening authority disapproves the sentence. 

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

§ 950c. Appellate referral; waiver or withdrawal of appeal 

(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as 

provided in subsection (b), in each case in which the final decision 

of a military commission under this chapter (as approved by the 

convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States Court of Military 

Commission Review. Any such referral shall be made in accordance 

with procedures prescribed under regulations of the Secretary. 

(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in a case in 

which the sentence as approved under section 950b of this title extends to death, an accused may file with the convening authority 

a statement expressly waiving the right of the accused to appellate 

review by the United States Court of Military Commission Review 

under section 950f of this title of the final decision of the military 

commission under this chapter. 

(2) A waiver under paragraph (1) shall be signed by both the 

accused and a defense counsel. 
§ 950d CH. 47A—MILITARY COMMISSIONS 470 

(3) A waiver under paragraph (1) must be filed, if at all, within 

10 days after notice of the action is served on the accused or on 

defense counsel under section 950b(c)(4) of this title. The convening 

authority, for good cause, may extend the period for such filing by 

not more than 30 days. 

(c) WITHDRAWAL OF APPEAL.—Except in a case in which the 

sentence as approved under section 950b of this title extends to 

death, the accused may withdraw an appeal at any time. 

(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver of the right 

to appellate review or the withdrawal of an appeal under this section bars review under section 950f of this title. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2600.) 

§ 950d. Interlocutory appeals by the United States 

(a) INTERLOCUTORY APPEAL.—Except as provided in subsection 

(b), in a trial by military commission under this chapter, the 

United States may take an interlocutory appeal to the United 

States Court of Military Commission Review of any order or ruling 

of the military judge— 

(1) that terminates proceedings of the military commission 

with respect to a charge or specification; 

(2) that excludes evidence that is substantial proof of a fact 

material in the proceeding; 

(3) that relates to a matter under subsection (c) or (d) of 

section 949d of this title; or 

(4) that, with respect to classified information— 

(A) authorizes the disclosure of such information; 

(B) imposes sanctions for nondisclosure of such information; or 

(C) refuses a protective order sought by the United 

States to prevent the disclosure of such information. 

(b) LIMITATION.—The United States may not appeal under subsection (a) an order or ruling that is, or amounts to, a finding of 

not guilty by the military commission with respect to a charge or 

specification. 

(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO CLASSIFIED INFORMATION.—The United States has the right to appeal under 

paragraph (4) of subsection (a) whenever the military judge enters 

an order or ruling that would require the disclosure of classified information, without regard to whether the order or ruling appealed 

from was entered under this chapter, another provision of law, a 

rule, or otherwise. Any such appeal may embrace any preceding 

order, ruling, or reasoning constituting the basis of the order or 

ruling that would authorize such disclosure. 

(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING

TO CLASSIFIED INFORMATION.— 

(1) APPEAL TO BE EXPEDITED.—An appeal taken pursuant 

to paragraph (4) of subsection (a) shall be expedited by the 

United States Court of Military Commission Review. 

(2) APPEALS BEFORE TRIAL.—If such an appeal is taken before trial, the appeal shall be taken within 10 days after the 

order or ruling from which the appeal is made and the trial 

shall not commence until the appeal is decided. 
471 § 950e CH. 47A—MILITARY COMMISSIONS 

(3) APPEALS DURING TRIAL.—If such an appeal is taken 

during trial, the military judge shall adjourn the trial until the 

appeal is decided, and the court of appeals— 

(A) shall hear argument on such appeal within 4 days 

of the adjournment of the trial (excluding weekends and 

holidays); 

(B) may dispense with written briefs other than the 

supporting materials previously submitted to the military 

judge; 

(C) shall render its decision within four days of argument on appeal (excluding weekends and holidays); and 

(D) may dispense with the issuance of a written opinion in rendering its decision. 

(e) NOTICE AND TIMING OF OTHER APPEALS.—The United 

States shall take an appeal of an order or ruling under subsection 

(a), other than an appeal under paragraph (4) of that subsection, 

by filing a notice of appeal with the military judge within 5 days 

after the date of the order or ruling. 

(f) METHOD OF APPEAL.—An appeal under this section shall be 

forwarded, by means specified in regulations prescribed by the Secretary of Defense, directly to the United States Court of Military 

Commission Review. 

(g) APPEALS COURT TO ACT ONLY WITH RESPECT TO MATTER

OF LAW.—In ruling on an appeal under paragraph (1), (2), or (3) 

of subsection (a), the appeals court may act only with respect to 

matters of law. 

(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.— An appeal under paragraph (4) of subsection (a), and a decision on 

such appeal, shall not affect the right of the accused, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the military judge on remand of a ruling appealed from during trial. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2601.) 

§ 950e. Rehearings 

(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— 

Each rehearing under this chapter shall take place before a military commission under this chapter composed of members who 

were not members of the military commission which first heard the 

case. 

(b) SCOPE OF REHEARING.—(1) Upon a rehearing— 

(A) the accused may not be tried for any offense of which 

the accused was found not guilty by the first military commission; and 

(B) no sentence in excess of or more than the original sentence may be imposed unless— 

(i) the sentence is based upon a finding of guilty of an 

offense not considered upon the merits in the original proceedings; or 

(ii) the sentence prescribed for the offense is mandatory. 

(2) Upon a rehearing, if the sentence approved after the first 

military commission was in accordance with a pretrial agreement 

and the accused at the rehearing changes his plea with respect to 
§ 950f CH. 47A—MILITARY COMMISSIONS 472 

the charges or specifications upon which the pretrial agreement 

was based, or otherwise does not comply with pretrial agreement, 

the sentence as to those charges or specifications may include any 

punishment not in excess of that lawfully adjudged at the first 

military commission. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2602.) 

§ 950f. Review by United States Court of Military Commission Review 

(a) ESTABLISHMENT.—There is a court of record to be known as 

the ‘‘United States Court of Military Commission Review’’ (in this 

section referred to as the ‘‘Court’’). The Court shall consist of one 

or more panels, each composed of not less than three appellate 

military judges. For the purpose of reviewing decisions of military 

commissions under this chapter, the Court may sit in panels or as 

a whole, in accordance with rules prescribed by the Secretary of 

Defense. 

(b) JUDGES.—(1) Judges on the Court shall be assigned or appointed in a manner consistent with the provisions of this subsection. 

(2) The Secretary of Defense may assign persons who are appellate military judges to be judges on the Court. Any judge so assigned shall be a commissioned officer of the armed forces, and 

shall meet the qualifications for military judges prescribed by section 948j(b) of this title. 

(3) The President may appoint, by and with the advice and 

consent of the Senate, additional judges to the United States Court 

of Military Commission Review. 

(4) No person may serve as a judge on the Court in any case 

in which that person acted as a military judge, counsel, or reviewing official. 

(c) CASES TO BE REVIEWED.—The Court shall, in accordance 

with procedures prescribed under regulations of the Secretary, review the record in each case that is referred to the Court by the 

convening authority under section 950c of this title with respect to 

any matter properly raised by the accused. 

(d) STANDARD AND SCOPE OF REVIEW.—In a case reviewed by 

the Court under this section, the Court may act only with respect 

to the findings and sentence as approved by the convening authority. The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds 

correct in law and fact and determines, on the basis of the entire 

record, should be approved. In considering the record, the Court 

may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the military commission saw and heard the witnesses. 

(e) REHEARINGS.—If the Court sets aside the findings or sentence, the Court may, except where the setting aside is based on 

lack of sufficient evidence in the record to support the findings, 

order a rehearing. If the Court sets aside the findings or sentence 

and does not order a rehearing, the Court shall order that the 

charges be dismissed. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2603.) 
473 § 950h CH. 47A—MILITARY COMMISSIONS 

§ 950g. Review by United States Court of Appeals for the 

District of Columbia Circuit; writ of certiorari to 

Supreme Court 

(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided 

in subsection (b), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority and, where applicable, the United States Court of Military Commission Review) 

under this chapter. 

(b) EXHAUSTION OF OTHER APPEALS.—The United States Court 

of Appeals for the District of Columbia Circuit may not review a 

final judgment described in subsection (a) until all other appeals 

under this chapter have been waived or exhausted. 

(c) TIME FOR SEEKING REVIEW.—A petition for review by the 

United States Court of Appeals for the District of Columbia Circuit 

must be filed by the accused in the Court of Appeals not later than 

20 days after the date on which— 

(1) written notice of the final decision of the United States 

Court of Military Commission Review is served on the accused 

or on defense counsel; or 

(2) the accused submits, in the form prescribed by section 

950c of this title, a written notice waiving the right of the accused to review by the United States Court of Military Commission Review. 

(d) SCOPE AND NATURE OF REVIEW.—The United States Court 

of Appeals for the District of Columbia Circuit may act under this 

section only with respect to the findings and sentence as approved 

by the convening authority and as affirmed or set aside as incorrect 

in law by the United States Court of Military Commission Review, 

and shall take action only with respect to matters of law, including 

the sufficiency of the evidence to support the verdict. 

(e) REVIEW BY SUPREME COURT.—The Supreme Court may review by writ of certiorari pursuant to section 1254 of title 28 the 

final judgment of the United States Court of Appeals for the District of Columbia Circuit under this section. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2603.) 

§ 950h. Appellate counsel 

(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel 

for the United States and for the accused in military commissions 

under this chapter. Appellate counsel shall meet the qualifications 

of counsel for appearing before military commissions under this 

chapter. 

(b) REPRESENTATION OF UNITED STATES.—Appellate counsel 

appointed under subsection (a)— 

(1) shall represent the United States in any appeal or review proceeding under this chapter before the United States 

Court of Military Commission Review; and 

(2) may, when requested to do so by the Attorney General 

in a case arising under this chapter, represent the United 
§ 950i CH. 47A—MILITARY COMMISSIONS 474 

States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court. 

(c) REPRESENTATION OF ACCUSED.—The accused shall be represented by appellate counsel appointed under subsection (a) before 

the United States Court of Military Commission Review, the 

United States Court of Appeals for the District of Columbia Circuit, 

and the Supreme Court, and by civilian counsel if retained by the 

accused. Any such civilian counsel shall meet the qualifications 

under paragraph (3) of section 949c(b) of this title for civilian counsel appearing before military commissions under this chapter and 

shall be subject to the requirements of paragraph (7) of that section. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2604.) 

§ 950i. Execution of sentence; suspension of sentence 

(a) IN GENERAL.—The Secretary of Defense is authorized to 

carry out a sentence imposed by a military commission under this 

chapter in accordance with such procedures as the Secretary may 

prescribe. 

(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL

BY THE PRESIDENT.—If the sentence of a military commission under 

this chapter extends to death, that part of the sentence providing 

for death may not be executed until approved by the President. In 

such a case, the President may commute, remit, or suspend the 

sentence, or any part thereof, as he sees fit. 

(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON FINAL

JUDGMENT OF LEGALITY OF PROCEEDINGS.—(1) If the sentence of a 

military commission under this chapter extends to death, the sentence may not be executed until there is a final judgment as to the 

legality of the proceedings (and with respect to death, approval 

under subsection (b)). 

(2) A judgment as to legality of proceedings is final for purposes of paragraph (1) when review is completed in accordance 

with the judgment of the United States Court of Military Commission Review and— 

(A) the time for the accused to file a petition for review by 

the United States Court of Appeals for the District of Columbia 

Circuit has expired, the accused has not filed a timely petition 

for such review, and the case is not otherwise under review by 

the Court of Appeals; or 

(B) review is completed in accordance with the judgment 

of the United States Court of Appeals for the District of Columbia Circuit and— 

(i) a petition for a writ of certiorari is not timely filed; 

(ii) such a petition is denied by the Supreme Court; or 

(iii) review is otherwise completed in accordance with 

the judgment of the Supreme Court. 

(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, 

or the convening authority acting on the case (if other than the 

Secretary), may suspend the execution of any sentence or part 

thereof in the case, except a sentence of death. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2605.) 
475 § 950p CH. 47A—MILITARY COMMISSIONS 

§ 950j. Finality of proceedings, findings, and sentences 

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, Sec. 1802, Oct. 28, 2009, 123 Stat. 2605.) 

SUBCHAPTER VIII—PUNITIVE MATTERS 

Sec. 

950p. Definitions; construction of certain offenses; common circumstances. 

950q. Principals. 

950r. Accessory after the fact. 

950s. Conviction of lesser offenses. 

950t. Crimes triable by military commission. 

§ 950p. Definitions; construction of certain offenses; common circumstances 

(a) DEFINITIONS.—In this subchapter: 

(1) The term ‘‘military objective’’ means combatants and 

those objects during hostilities which, by their nature, location, 

purpose, or use, effectively contribute to the war-fighting or 

war-sustaining capability of an opposing force and whose total 

or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the 

circumstances at the time of an attack. 

(2) The term ‘‘protected person’’ means any person entitled 

to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel. 

(3) The term ‘‘protected property’’ means any property specifically protected by the law of war, including buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the 

sick and wounded are collected, but only if and to the extent 

such property is not being used for military purposes or is not 

otherwise a military objective. The term includes objects properly identified by one of the distinctive emblems of the Geneva 

Conventions, but does not include civilian property that is a 

military objective. 

(b) CONSTRUCTION OF CERTAIN OFFENSES.—The intent required 

for offenses under paragraphs (1), (2), (3), (4), and (12) of section 

950t of this title precludes the applicability of such offenses with 

regard to collateral damage or to death, damage, or injury incident 

to a lawful attack. 

(c) COMMON CIRCUMSTANCES.—An offense specified in this subchapter is triable by military commission under this chapter only 

if the offense is committed in the context of and associated with 

hostilities. 
§ 950q CH. 47A—MILITARY COMMISSIONS 476 

(d) EFFECT.—The provisions of this subchapter codify offenses 

that have traditionally been triable by military commission. This 

chapter does not establish new crimes that did not exist before the 

date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, but rather 

codifies those crimes for trial by military commission. Because the 

provisions of this subchapter codify offenses that have traditionally 

been triable under the law of war or otherwise triable by military 

commission, this subchapter does not preclude trial for offenses 

that occurred before the date of the enactment of this subchapter, 

as so amended. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2606.) 

§ 950q. Principals 

Any person punishable under this chapter who— 

(1) commits an offense punishable by this chapter, or aids, 

abets, counsels, commands, or procures its commission; 

(2) causes an act to be done which if directly performed by 

him would be punishable by this chapter; or 

(3) is a superior commander who, with regard to acts punishable by this chapter, knew, had reason to know, or should 

have known, that a subordinate was about to commit such acts 

or had done so and who failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof, is a principal. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2606.) 

§ 950r. Accessory after the fact 

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, 

comforts, or assists the offender in order to hinder or prevent his 

apprehension, trial, or punishment shall be punished as a military 

commission under this chapter may direct. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2607.) 

§ 950s. Conviction of lesser offenses 

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the 

offense charged or an attempt to commit either the offense charged 

or an offense necessarily included therein. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2607.) 

§ 950t. Crimes triable by military commission 

The following offenses shall be triable by military commission 

under this chapter at any time without limitation: 

(1) MURDER OF PROTECTED PERSONS.—Any person subject 

to this chapter who intentionally kills one or more protected 

persons shall be punished by death or such other punishment 

as a military commission under this chapter may direct. 

(2) ATTACKING CIVILIANS.—Any person subject to this chapter who intentionally engages in an attack upon a civilian population as such, or individual civilians not taking active part 

in hostilities, shall be punished, if death results to one or more 
477 § 950t CH. 47A—MILITARY COMMISSIONS 

of the victims, by death or such other punishment as a military 

commission under this chapter may direct, and, if death does 

not result to any of the victims, by such punishment, other 

than death, as a military commission under this chapter may 

direct. 

(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to 

this chapter who intentionally engages in an attack upon a civilian object that is not a military objective shall be punished 

as a military commission under this chapter may direct. 

(4) ATTACKING PROTECTED PROPERTY.—Any person subject 

to this chapter who intentionally engages in an attack upon 

protected property shall be punished as a military commission 

under this chapter may direct. 

(5) PILLAGING.—Any person subject to this chapter who intentionally and in the absence of military necessity appropriates or seizes property for private or personal use, without 

the consent of a person with authority to permit such appropriation or seizure, shall be punished as a military commission 

under this chapter may direct. 

(6) DENYING QUARTER.—Any person subject to this chapter 

who, with effective command or control over subordinate 

groups, declares, orders, or otherwise indicates to those groups 

that there shall be no survivors or surrender accepted, with 

the intent to threaten an adversary or to conduct hostilities 

such that there would be no survivors or surrender accepted, 

shall be punished as a military commission under this chapter 

may direct. 

(7) TAKING HOSTAGES.—Any person subject to this chapter 

who, having knowingly seized or detained one or more persons, 

threatens to kill, injure, or continue to detain such person or 

persons with the intent of compelling any nation, person other 

than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release 

of such person or persons, shall be punished, if death results 

to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this 

chapter may direct. 

(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any person 

subject to this chapter who intentionally, as a method of warfare, employs a substance or weapon that releases a substance 

that causes death or serious and lasting damage to health in 

the ordinary course of events, through its asphyxiating, bacteriological, or toxic properties, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under 

this chapter may direct. 

(9) USING PROTECTED PERSONS AS A SHIELD.—Any person 

subject to this chapter who positions, or otherwise takes advantage of, a protected person with the intent to shield a mili-
§ 950t CH. 47A—MILITARY COMMISSIONS 478 

3So in original. The period probably should be a comma. 

tary objective from attack.3 or to shield, favor, or impede military operations, shall be punished, if death results to one or 

more of the victims, by death or such other punishment as a 

military commission under this chapter may direct, and, if 

death does not result to any of the victims, by such punishment, other than death, as a military commission under this 

chapter may direct. 

(10) USING PROTECTED PROPERTY AS A SHIELD.—Any person subject to this chapter who positions, or otherwise takes 

advantage of the location of, protected property with the intent 

to shield a military objective from attack, or to shield, favor, 

or impede military operations, shall be punished as a military 

commission under this chapter may direct. 

(11) TORTURE.— 

(A) OFFENSE.—Any person subject to this chapter who 

commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person 

within his custody or physical control for the purpose of 

obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of 

any kind, shall be punished, if death results to one or more 

of the victims, by death or such other punishment as a 

military commission under this chapter may direct, and, if 

death does not result to any of the victims, by such punishment, other than death, as a military commission under 

this chapter may direct. 

(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.—In 

this paragraph, the term ‘‘severe mental pain or suffering’’ 

has the meaning given that term in section 2340(2) of title 

18. 

(12) CRUEL OR INHUMAN TREATMENT.—Any person subject 

to this chapter who subjects another person in their custody or 

under their physical control, regardless of nationality or physical location, to cruel or inhuman treatment that constitutes a 

grave breach of common Article 3 of the Geneva Conventions 

shall be punished, if death results to the victim, by death or 

such other punishment as a military commission under this 

chapter may direct, and, if death does not result to the victim, 

by such punishment, other than death, as a military commission under this chapter may direct. 

(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.— 

(A) OFFENSE.—Any person subject to this chapter who 

intentionally causes serious bodily injury to one or more 

persons, including privileged belligerents, in violation of 

the law of war shall be punished, if death results to one 

or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission 

under this chapter may direct. 
479 § 950t CH. 47A—MILITARY COMMISSIONS 

4So in original. Probably should be followed by ‘‘be’’. 

(B) SERIOUS BODILY INJURY DEFINED.—In this paragraph, the term ‘‘serious bodily injury’’ means bodily injury 

which involves— 

(i) a substantial risk of death; 

(ii) extreme physical pain; 

(iii) protracted and obvious disfigurement; or 

(iv) protracted loss or impairment of the function 

of a bodily member, organ, or mental faculty. 

(14) MUTILATING OR MAIMING.—Any person subject to this 

chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of 

the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, shall be punished, if death results to one or more of the victims, by death 

or such other punishment as a military commission under this 

chapter may direct, and, if death does not result to any of the 

victims, by such punishment, other than death, as a military 

commission under this chapter may direct. 

(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any person subject to this chapter who intentionally kills one or more 

persons, including privileged belligerents, in violation of the 

law of war shall be punished by death or such other punishment as a military commission under this chapter may direct. 

(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW

OF WAR.—Any person subject to this chapter who intentionally 

destroys property belonging to another person in violation of 

the law of war shall 4 punished as a military commission under 

this chapter may direct. 

(17) USING TREACHERY OR PERFIDY.—Any person subject to 

this chapter who, after inviting the confidence or belief of one 

or more persons that they were entitled to, or obliged to accord, 

protection under the law of war, intentionally makes use of 

that confidence or belief in killing, injuring, or capturing such 

person or persons shall be punished, if death results to one or 

more of the victims, by death or such other punishment as a 

military commission under this chapter may direct, and, if 

death does not result to any of the victims, by such punishment, other than death, as a military commission under this 

chapter may direct. 

(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person 

subject to this chapter who uses a flag of truce to feign an intention to negotiate, surrender, or otherwise suspend hostilities 

when there is no such intention shall be punished as a military 

commission under this chapter may direct. 

(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any person subject to this chapter who intentionally uses a distinctive 

emblem recognized by the law of war for combatant purposes 

in a manner prohibited by the law of war shall be punished as 

a military commission under this chapter may direct. 

(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any person subject to this chapter who intentionally mistreats the 
§ 950t CH. 47A—MILITARY COMMISSIONS 480 

5So in original. Probably should be followed by a period. 

body of a dead person, without justification by legitimate military necessary, shall be punished as a military commission 

under this chapter may direct. 

(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the 

body of a person by penetrating, however slightly, the anal or 

genital opening of the victim with any part of the body of the 

accused, or with any foreign object, shall be punished as a military commission under this chapter may direct. 

(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to 

this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes 

one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct 5

(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— 

Any person subject to this chapter who intentionally seizes, exercises unauthorized control over, or endangers the safe navigation of a vessel or aircraft that is not a legitimate military 

objective shall be punished, if death results to one or more of 

the victims, by death or such other punishment as a military 

commission under this chapter may direct, and, if death does 

not result to any of the victims, by such punishment, other 

than death, as a military commission under this chapter may 

direct. 

(24) TERRORISM.—Any person subject to this chapter who 

intentionally kills or inflicts great bodily harm on one or more 

protected persons, or intentionally engages in an act that 

evinces a wanton disregard for human life, in a manner calculated to influence or affect the conduct of government or civilian population by intimidation or coercion, or to retaliate 

against government conduct, shall be punished, if death results 

to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this 

chapter may direct. 

(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.— 

(A) OFFENSE.—Any person subject to this chapter who 

provides material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of terrorism (as set forth in paragraph 

(24) of this section), or who intentionally provides material 

support or resources to an international terrorist organization engaged in hostilities against the United States, 

knowing that such organization has engaged or engages in 

terrorism (as so set forth), shall be punished as a military 

commission under this chapter may direct. 

(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In 

this paragraph, the term ‘‘material support or resources’’ 

has the meaning given that term in section 2339A(b) of 

title 18. 
481 § 950t CH. 47A—MILITARY COMMISSIONS 

(26) WRONGFULLY AIDING THE ENEMY.—Any person subject 

to this chapter who, in breach of an allegiance or duty to the 

United States, knowingly and intentionally aids an enemy of 

the United States, or one of the co-belligerents of the enemy, 

shall be punished as a military commission under this chapter 

may direct. 

(27) SPYING.—Any person subject to this chapter who, in 

violation of the law of war and with intent or reason to believe 

that it is to be used to the injury of the United States or to 

the advantage of a foreign power, collects or attempts to collect 

information by clandestine means or while acting under false 

pretenses, for the purpose of conveying such information to an 

enemy of the United States, or one of the co-belligerents of the 

enemy, shall be punished by death or such other punishment 

as a military commission under this chapter may direct. 

(28) ATTEMPTS.— 

(A) IN GENERAL.—Any person subject to this chapter 

who attempts to commit any offense punishable by this 

chapter shall be punished as a military commission under 

this chapter may direct. 

(B) SCOPE OF OFFENSE.—An act, done with specific intent to commit an offense under this chapter, amounting 

to more than mere preparation and tending, even though 

failing, to effect its commission, is an attempt to commit 

that offense. 

(C) EFFECT OF CONSUMMATION.—Any person subject to 

this chapter may be convicted of an attempt to commit an 

offense although it appears on the trial that the offense 

was consummated. 

(29) CONSPIRACY.—Any person subject to this chapter who 

conspires to commit one or more substantive offenses triable by 

military commission under this subchapter, and who knowingly does any overt act to effect the object of the conspiracy, 

shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than 

death, as a military commission under this chapter may direct. 

(30) SOLICITATION.—Any person subject to this chapter 

who solicits or advises another or others to commit one or more 

substantive offenses triable by military commission under this 

chapter shall, if the offense solicited or advised is attempted or 

committed, be punished with the punishment provided for the 

commission of the offense, but, if the offense solicited or advised is not committed or attempted, shall be punished as a 

military commission under this chapter may direct. 

(31) CONTEMPT.—A military commission under this chapter may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its 

proceedings by any riot or disorder. 

(32) PERJURY AND OBSTRUCTION OF JUSTICE.—A military 

commission under this chapter may try offenses and impose 

such punishment as the military commission may direct for 
§ 950t CH. 47A—MILITARY COMMISSIONS 482 

perjury, false testimony, or obstruction of justice related to the 

military commission. 

(Added Pub. L. 111–84, div. A, title XVIII, Sec. 1802, Oct. 28, 2009, 123 Stat. 2607.) 
483 

CHAPTER 48—MILITARY CORRECTIONAL FACILITIES 

Sec. 

951. Establishment; organization; administration. 

952. Parole. 

953. Remission or suspension of sentence; restoration to duty; reenlistment. 

954. Voluntary extension; probation. 

955. Prisoners transferred to or from foreign countries. 

956. Deserters, prisoners, members absent without leave: expenses and rewards. 

§ 951. Establishment; organization; administration 

(a) The Secretaries concerned may provide for the establishment of such military correctional facilities as are necessary for the 

confinement of offenders against chapter 47 of this title. 

(b) The Secretary concerned shall— 

(1) designate an officer for each armed force under his jurisdiction to administer military correctional facilities established under this chapter; 

(2) provide for the education, training, rehabilitation, and 

welfare of offenders confined in a military correctional facility 

of his department; and 

(3) provide for the organization and equipping of offenders 

selected for training with a view to their honorable restoration 

to duty or possible reenlistment. 

(c) There shall be an officer in command of each major military 

correctional facility. Under regulations to be prescribed by the Secretary concerned, the officer in command shall have custody and 

control of offenders confined within the facility which he commands, and shall usefully employ those offenders as he considers 

best for their health and reformation, with a view to their restoration to duty, enlistment for future service, or return to civilian life 

as useful citizens. 

(d) There may be made or repaired at each military correctional facility such supplies for the armed forces or other agencies 

of the United States as can properly and economically be made or 

repaired at such facilities. 

(Added Pub. L. 90–377, Sec. 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 96–513, title V, 

Sec. 511(27), Dec. 12, 1980, 94 Stat. 2922.) 

§ 952. Parole 

(a) The Secretary concerned may provide a system of parole for 

offenders who are confined in military correctional facilities and 

who were at the time of commission of their offenses subject to the 

authority of that Secretary. 

(b) In a case in which parole for an offender serving a sentence 

of confinement for life is denied, only the President or the Secretary concerned may grant the offender parole on appeal of that 

denial. The authority to grant parole on appeal in such a case may 

not be delegated. 
§ 953 CH. 48—MILITARY CORRECTIONAL FACILITIES 484 

(Added Pub. L. 90–377, Sec. 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 105–85, div. A, title 

V, Sec. 582(a), Nov. 18, 1997, 111 Stat. 1760.) 

§ 953. Remission or suspension of sentence; restoration to 

duty; reenlistment 

For offenders who were at the time of commission of their offenses subject to his authority and who merit such action, the Secretary concerned shall establish— 

(1) a system for the remission or suspension of the 

unexecuted part of the sentences of selected offenders; 

(2) a system for the restoration to duty of such offenders 

who have had the unexecuted part of their sentences remitted 

or suspended and who have not been discharged; and 

(3) a system for the enlistment of such offenders who have 

had the unexecuted part of their sentences remitted and who 

have been discharged. 

(Added Pub. L. 90–377, Sec. 1, July 5, 1968, 82 Stat. 287.) 

§ 954. Voluntary extension; probation 

The Secretary concerned may provide for persons who were 

subject to his authority at the time of commission of their offenses 

a system for retention of selected offenders beyond expiration of 

normal service obligation in order to voluntarily serve a period of 

probation with a view to honorable restoration to duty. 

(Added Pub. L. 90–377, Sec. 1, July 5, 1968, 82 Stat. 288; amended Pub. L. 105–85, div. A, title 

X, Sec. 1073(a)(12), Nov. 18, 1997, 111 Stat. 1900.) 

§ 955. Prisoners transferred to or from foreign countries 

(a) When a treaty is in effect between the United States and 

a foreign country providing for the transfer of convicted offenders, 

the Secretary concerned may, with the concurrence of the Attorney 

General, transfer to such foreign country any offender against 

chapter 47 of this title. Such transfer shall be effected subject to 

the terms of such treaty and chapter 306 of title 18. 

(b) Whenever the United States is party to an agreement on 

the status of forces under which the United States may request 

that it take custody of a prisoner belonging to its armed forces who 

is confined by order of a foreign court, the Secretary concerned may 

provide for the carrying out of the terms of such confinement in a 

military correctional facility of his department or in any penal or 

correctional institution under the control of the United States or 

which the United States may be allowed to use. Except as otherwise specified in such agreement, such person shall be treated as 

if he were an offender against chapter 47 of this title. 

(Added Pub. L. 95–144, Sec. 4, Oct. 28, 1977, 91 Stat. 1221; amended Pub. L. 96–513, title V, 

Sec. 511(28), Dec. 12, 1980, 94 Stat. 2922.) 

§ 956. Deserters, prisoners, members absent without leave: 

expenses and rewards 

Funds appropriated to the Department of Defense may be used 

for the following purposes: 

(1) Expenses for the apprehension and delivery of deserters, prisoners, and members absent without leave, including 

the payment of rewards, in an amount not to exceed $75, for 

the apprehension of any such person. 
485 § 956 CH. 48—MILITARY CORRECTIONAL FACILITIES 

(2) Expenses of prisoners confined in nonmilitary facilities. 

(3) Payment of a gratuity of not to exceed $25 to each prisoner upon release from confinement in a military or contract 

prison facility. 

(4) The issue of authorized articles to prisoners and other 

persons in military custody. 

(5) Under such regulations as the Secretary concerned may 

prescribe, expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in the custody of 

the Army, Navy, or Air Force whose status is determined by 

the Secretary concerned to be similar to prisoners of war, and 

persons detained in the custody of the Army, Navy, or Air 

Force pursuant to Presidential proclamation. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(b)(1), Oct. 19, 1984, 98 Stat. 2614.) 
486 

CHAPTER 49—MISCELLANEOUS PROHIBITIONS AND 

PENALTIES 

Sec. 

971. Service credit: officers may not count service performed while serving as 

cadet or midshipman. 

972. Members: effect of time lost. 

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

974. Military musical units and musicians: performance policies; restriction on 

performance in competition with local civilian musicians. 

[975. Renumbered.] 

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

[977. Repealed.] 

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

979. Prohibition on loan and grant assistance to persons convicted of certain 

crimes. 

980. Limitation on use of humans as experimental subjects. 

981. Limitation on number of enlisted aides. 

982. Members: service on State and local juries. 

983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of 

Defense, Department of Education, and certain other departments and 

agencies. 

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

[986. Repealed.] 

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

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

(a) PROHIBITION ON COUNTING ENLISTED SERVICE PERFORMED

WHILE AT SERVICE ACADEMY OR IN NAVY RESERVE.—The period of 

service under an enlistment or period of obligated service while 

also performing service as a cadet or midshipman or serving as a 

midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an 

armed force or an officer in the Commissioned Corps of the Public 

Health Service. 

(b) PROHIBITION ON COUNTING SERVICE AS A CADET OR MIDSHIPMAN.—In computing length of service for any purpose, service 

as a cadet or midshipman may not be credited to any of the following officers: 

(1) An officer of the Navy or Marine Corps. 

(2) A commissioned officer of the Army or Air Force. 

(3) An officer of the Coast Guard. 

(4) An officer in the Commissioned Corps of the Public 

Health Service. 

(c) SERVICE AS A CADET OR MIDSHIPMAN DEFINED.—In this section, the term ‘‘service as a cadet or midshipman’’ means— 
487 § 972 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast 

Guard Academy; or 

(2) service as a midshipman at the United States Naval 

Academy. 

(Added Pub. L. 85–861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1442; amended Pub. L. 90–235, Sec. 

6(a) (1), Jan. 2, 1968, 81 Stat. 761; Pub. L. 98–557, Sec. 17(a), Oct. 30, 1984, 98 Stat. 2867; 

Pub. L. 101–189, div. A, title VI, Sec. 652(a)(1)(A), (2), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 

104–201, div. A, title V, Sec. 581, Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title 

X, Sec. 1073(a)(13), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 109–163, div. A, title V, Sec. 

515(b)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3233, 3234.) 

§ 972. Members: effect of time lost 

(a) ENLISTED MEMBERS REQUIRED TO MAKE UP TIME LOST.— 

An enlisted member of an armed force who— 

(1) deserts; 

(2) is absent from his organization, station, or duty for 

more than one day without proper authority, as determined by 

competent authority; 

(3) is confined by military or civilian authorities for more 

than one day in connection with a trial, whether before, during, or after the trial; or 

(4) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate 

use of drugs or alcoholic liquor, or because of disease or injury 

resulting from his misconduct; 

is liable, after his return to full duty, to serve for a period that, 

when added to the period that he served before his absence from 

duty, amounts to the term for which he was enlisted or inducted. 

(b) OFFICERS NOT ALLOWED SERVICE CREDIT FOR TIME LOST.— 

In the case of an officer of an armed force who after February 10, 

1996— 

(1) deserts; 

(2) is absent from his organization, station, or duty for 

more than one day without proper authority, as determined by 

competent authority; 

(3) is confined by military or civilian authorities for more 

than one day in connection with a trial, whether before, during, or after the trial; or 

(4) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate 

use of drugs or alcoholic liquor, or because of disease or injury 

resulting from his misconduct; 

the period of such desertion, absence, confinement, or inability to 

perform duties may not be counted in computing, for any purpose 

other than basic pay under section 205 of title 37, the officer’s 

length of service. 

(c) WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT.—The Secretary concerned shall waive liability for a period 

of confinement in connection with a trial under subsection (a)(3), 

or exclusion of a period of confinement in connection with a trial 

under subsection (b)(3), in a case upon the occurrence of any of the 

following events: 

(1) For each charge— 
§ 973 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 488 

(A) the charge is dismissed before or during trial in a 

final disposition of the charge; or 

(B) the trial results in an acquittal of the charge. 

(2) For each charge resulting in a conviction in such trial— 

(A) the conviction is set aside in a final disposition of 

such charge, other than in a grant of clemency; or 

(B) a judgment of acquittal or a dismissal is entered 

upon a reversal of the conviction on appeal. 

(Added Pub. L. 85–861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1443; amended Pub. L. 104–106, div. 

A, title V, Sec. 561(a)–(c)(1), Feb. 10, 1996, 110 Stat. 321, 322; Pub. L. 105–85, div. A, title X, 

Sec. 1073(a)(14), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 108–375, div. A, title V, Sec. 572, Oct. 

28, 2004, 118 Stat. 1921.) 

§ 973. Duties: officers on active duty; performance of civil 

functions restricted 

(a) No officer of an armed force on active duty may accept employment if that employment requires him to be separated from his 

organization, branch, or unit, or interferes with the performance of 

his military duties. 

(b)(1) This subsection applies— 

(A) to a regular officer of an armed force on the active-duty 

list (and a regular officer of the Coast Guard on the active duty 

promotion list); 

(B) to a retired regular officer of an armed force serving on 

active duty under a call or order to active duty for a period in 

excess of 270 days; and 

(C) to a reserve officer of an armed force serving on active 

duty under a call or order to active duty for a period in excess 

of 270 days. 

(2)(A) Except as otherwise authorized by law, an officer to 

whom this subsection applies may not hold, or exercise the functions of, a civil office in the Government of the United States— 

(i) that is an elective office; 

(ii) that requires an appointment by the President by and 

with the advice and consent of the Senate; or 

(iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5. 

(B) An officer to whom this subsection applies may hold or exercise the functions of a civil office in the Government of the 

United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions. 

(3) Except as otherwise authorized by law, an officer to whom 

this subsection applies by reason of subparagraph (A) of paragraph 

(1) may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State (or of any political subdivision of a State). 

(4)(A) An officer to whom this subsection applies by reason of 

subparagraph (B) or (C) of paragraph (1) may not hold, by election 

or appointment, a civil office in the government of a State (or of 

any political subdivision of a State) if the holding of such office 

while this subsection so applies to the officer— 

(i) is prohibited under the laws of that State; or 

(ii) as determined by the Secretary of Defense or by the 

Secretary of Homeland Security with respect to the Coast 

Guard when it is not operating as a service in the Navy, inter-
489 § 974 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

feres with the performance of the officer’s duties as an officer 

of the armed forces. 

(B) Except as otherwise authorized by law, while an officer referred to in subparagraph (A) is serving on active duty, the officer 

may not exercise the functions of a civil office held by the officer 

as described in that subparagraph. 

(5) Nothing in this subsection shall be construed to invalidate 

any action undertaken by an officer in furtherance of assigned official duties. 

(6) In this subsection, the term ‘‘State’’ includes the District of 

Columbia and a territory, possession, or commonwealth of the 

United States. 

(c) An officer to whom subsection (b) applies may seek and hold 

nonpartisan civil office on an independent school board that is located exclusively on a military reservation. 

(d) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

in the Navy, shall prescribe regulations to implement this section. 

(Added Pub. L. 90–235, Sec. 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759; amended Pub. L. 96–513, title 

I, Sec. 116, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 98–94, title X, Sec. 1002(a), Sept. 24, 1983, 

97 Stat. 655; Pub. L. 101–510, div. A, title V, Sec. 556, Nov. 5, 1990, 104 Stat. 1570; Pub. L. 

106–65, div. A, title V, Sec. 506, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, Sec. 545, Nov. 24, 

2003, 117 Stat. 1479.) 

§ 974. Military musical units and musicians: performance 

policies; restriction on performance in competition 

with local civilian musicians 

(a) MILITARY MUSICIANS PERFORMING IN AN OFFICIAL CAPACITY.—(1) A military musical unit, and a member of the armed 

forces who is a member of such a unit performing in an official capacity, may not engage in the performance of music in competition 

with local civilian musicians. 

(2) For purposes of paragraph (1), the following shall, except as 

provided in paragraph (3), be included among the performances 

that are considered to be a performance of music in competition 

with local civilian musicians: 

(A) A performance that is more than incidental to an event 

that— 

(i) is not supported, in whole or in part, by United 

States Government funds; and 

(ii) is not free to the public. 

(B) A performance of background, dinner, dance, or other 

social music at an event that— 

(i) is not supported, in whole or in part, by United 

States Government funds; and 

(ii) is held at a location not on a military installation. 

(3) For purposes of paragraph (1), the following shall not be 

considered to be a performance of music in competition with local 

civilian musicians: 

(A) A performance (including background, dinner, dance, 

or other social music) at an official United States Government 

event that is supported, in whole or in part, by United States 

Government funds. 
§ 974 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 490 

(B) A performance at a concert, parade, or other event, 

that— 

(i) is a patriotic event or a celebration of a national 

holiday; and 

(ii) is free to the public. 

(C) A performance that is incidental to an event that— 

(i) is not supported, in whole or in part, by United 

States Government funds; or 

(ii) is not free to the public. 

(D) A performance (including background, dinner, dance, 

or other social music) at— 

(i) an event that is sponsored by a military welfare society, as defined in section 2566 of this title; 

(ii) an event that is a traditional military event intended to foster the morale and welfare of members of the 

armed forces and their families; or 

(iii) an event that is specifically for the benefit or recognition of members of the armed forces, their family 

members, veterans, civilian employees of the Department 

of Defense, or former civilian employees of the Department 

of Defense, to the extent provided in regulations prescribed 

by the Secretary of Defense. 

(E) A performance (including background, dinner, dance, 

or other social music)— 

(i) to uphold the standing and prestige of the United 

States with dignitaries and distinguished or prominent 

persons or groups of the United States or another nation; 

or 

(ii) in support of fostering and sustaining a cooperative 

relationship with another nation. 

(b) PROHIBITION OF MILITARY MUSICIANS ACCEPTING ADDI- TIONAL REMUNERATION FOR OFFICIAL PERFORMANCES.—A military 

musical unit, and a member of the armed forces who is a member 

of such a unit performing in an official capacity, may not receive 

remuneration for an official performance, other than applicable 

military pay and allowances. 

(c) RECORDINGS.—(1) When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, a 

military musical unit may produce recordings for distribution to 

the public, at a cost not to exceed expenses of production and distribution. 

(2) Amounts received in payment for a recording distributed to 

the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the 

appropriation or account to which credited, and shall be available 

for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. 

(d) PERFORMANCES AT FOREIGN LOCATIONS.—Subsection (a) 

does not apply to a performance outside the United States, its commonwealths, or its possessions. 

(e) MILITARY MUSICAL UNIT DEFINED.—In this section, the 

term ‘‘military musical unit’’ means a band, ensemble, chorus, or 

similar musical unit of the armed forces. 
491 § 976 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

(Added Pub. L. 110–181, div. A, title V, Sec. 590(a)(1), Jan. 28, 2008, 122 Stat. 137; amended 

Pub. L. 111–84, div. A, title V, Sec. 591(a), Oct. 28, 2009, 123 Stat. 2335.) 

[§ 975. Renumbered 2390] 

§ 976. Membership in military unions, organizing of military 

unions, and recognition of military unions prohibited 

(a) In this section: 

(1) The term ‘‘member of the armed forces’’ means (A) a 

member of the armed forces who is serving on active duty, (B) 

a member of the National Guard who is serving on full-time 

National Guard duty, or (C) a member of a Reserve component 

while performing inactive-duty training. 

(2) The term ‘‘military labor organization’’ means any organization that engages in or attempts to engage in— 

(A) negotiating or bargaining with any civilian officer 

or employee, or with any member of the armed forces, on 

behalf of members of the armed forces, concerning the 

terms or conditions of military service of such members in 

the armed forces; 

(B) representing individual members of the armed 

forces before any civilian officer or employee, or any member of the armed forces, in connection with any grievance 

or complaint of any such member arising out of the terms 

or conditions of military service of such member in the 

armed forces; or 

(C) striking, picketing, marching, demonstrating, or 

any other similar form of concerted action which is directed against the Government of the United States and 

which is intended to induce any civilian officer or employee, or any member of the armed forces, to— 

(i) negotiate or bargain with any person concerning the terms or conditions of military service of 

any member of the armed forces, 

(ii) recognize any organization as a representative 

of individual members of the armed forces in connection with complaints and grievances of such members 

arising out of the terms or conditions of military service of such members in the armed forces, or 

(iii) make any change with respect to the terms or 

conditions of military service of individual members of 

the armed forces. 

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

(b) It shall be unlawful for a member of the armed forces, 

knowing of the activities or objectives of a particular military labor 

organization— 

(1) to join or maintain membership in such organization; 

or 

(2) to attempt to enroll any other member of the armed 

forces as a member of such organization. 

(c) It shall be unlawful for any person— 
§ 976 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 492 

(1) to enroll in a military labor organization any member 

of the armed forces or to solicit or accept dues or fees for such 

an organization from any member of the armed forces; or 

(2) to negotiate or bargain, or attempt through any coercive act to negotiate or bargain, with any civilian officer or employee, or any member of the armed forces, on behalf of members of the armed forces, concerning the terms or conditions of 

service of such members; 

(3) to organize or attempt to organize, or participate in, 

any strike, picketing, march, demonstration, or other similar 

form of concerted action involving members of the armed forces 

that is directed against the Government of the United States 

and that is intended to induce any civilian officer or employee, 

or any member of the armed forces, to— 

(A) negotiate or bargain with any person concerning 

the terms or conditions of service of any member of the 

armed forces, 

(B) recognize any military labor organization as a representative of individual members of the armed forces in 

connection with any complaint or grievance of any such 

member arising out of the terms or conditions of service of 

such member in the armed forces, or 

(C) make any change with respect to the terms or conditions of service in the armed forces of individual members of the armed forces; or 

(4) to use any military installation, facility, reservation, 

vessel, or other property of the United States for any meeting, 

march, picketing, demonstration, or other similar activity for 

the purpose of engaging in any activity prohibited by this subsection or by subsection (b) or (d). 

(d) It shall be unlawful for any military labor organization to 

represent, or attempt to represent, any member of the armed forces 

before any civilian officer or employee, or any member of the armed 

forces, in connection with any grievance or complaint of any such 

member arising out of the terms or conditions of service of such 

member in the armed forces. 

(e) No member of the armed forces, and no civilian officer or 

employee, may— 

(1) negotiate or bargain on behalf of the United States concerning the terms or conditions of military service of members 

of the armed forces with any person who represents or purports to represent members of the armed forces, or 

(2) permit or authorize the use of any military installation, 

facility, reservation, vessel, or other property of the United 

States for any meeting, march, picketing, demonstration, or 

other similar activity which is for the purpose of engaging in 

any activity prohibited by subsection (b), (c), or (d). 

Nothing in this subsection shall prevent commanders or supervisors from giving consideration to the views of any member of the 

armed forces presented individually or as a result of participation 

on command-sponsored or authorized advisory councils, committees, or organizations. 

(f) Whoever violates subsection (b), (c), or (d) shall be fined 

under title 18 or imprisoned not more than 5 years, or both, except 
493 § 978 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

that, in the case of an organization (as defined in section 18 of such 

title), the fine shall not be less than $25,000. 

(g) Nothing in this section shall limit the right of any member 

of the armed forces— 

(1) to join or maintain membership in any organization or 

association not constituting a ‘‘military labor organization’’ as 

defined in subsection (a)(2) of this section; 

(2) to present complaints or grievances concerning the 

terms or conditions of the service of such member in the armed 

forces in accordance with established military procedures; 

(3) to seek or receive information or counseling from any 

source; 

(4) to be represented by counsel in any legal or quasi-legal 

proceeding, in accordance with applicable laws and regulations; 

(5) to petition the Congress for redress of grievances; or 

(6) to take such other administrative action to seek such 

administrative or judicial relief, as is authorized by applicable 

laws and regulations. 

(Added Pub. L. 95–610, Sec. 2(a), Nov. 8, 1978, 92 Stat. 3085, Sec. 975; renumbered Sec. 976, 

Pub. L. 96–107, title VIII, Sec. 821(a), Nov. 9, 1979, 93 Stat. 820; amended Pub. L. 98–525, title 

IV, Sec. 414(a)(6), Oct. 19, 1984, 98 Stat. 2519; Pub. L. 99–661, div. A, title XIII, Sec. 1343(a)(2), 

Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. 

L. 105–85, div. A, title X, Sec. 1073(a)(15), Nov. 18, 1997, 111 Stat. 1900.) 

[§ 977. Repealed. Pub. L. 108–375, div. A, title VI, Sec. 

651(e)(1), Oct. 28, 2004, 118 Stat. 1972] 

§ 978. Drug and alcohol abuse and dependency: testing of 

new entrants 

(a)(1) The Secretary concerned shall require that, except as 

provided under paragraph (2), each person applying for an original 

enlistment or appointment in the armed forces shall be required, 

before becoming a member of the armed forces, to— 

(A) undergo testing (by practicable, scientifically supported 

means) for drug and alcohol use; and 

(B) be evaluated for drug and alcohol dependency. 

(2) The Secretary concerned may provide that, in lieu of undergoing the testing and evaluation described in paragraph (1) before 

becoming a member of the armed forces, a member of the armed 

forces under the Secretary’s jurisdiction may be administered that 

testing and evaluation after the member’s initial entry on active 

duty. In any such case, the testing and evaluation shall be carried 

out within 72 hours of the member’s initial entry on active duty. 

(3) The Secretary concerned shall require an applicant for appointment as a cadet or midshipman to undergo the testing and 

evaluation described in paragraph (1) within 72 hours of such appointment. The Secretary concerned shall require a person to 

whom a commission is offered under section 2106 of this title following completion of the program of advanced training under the 

Reserve Officers’ Training Corps program to undergo such testing 

and evaluation before such an appointment is executed. 

(b) A person who refuses to consent to testing and evaluation 

required by subsection (a) may not (unless that person subsequently consents to such testing and evaluation)— 
§ 979 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 494 

(1) be accepted for an original enlistment in the armed 

forces or given an original appointment as an officer in the 

armed forces; or 

(2) if such person is already a member of the armed forces, 

be retained in the armed forces. 

An original appointment of any such person as an officer shall be 

terminated. 

(c)(1) A person determined, as the result of testing conducted 

under subsection (a)(1), to be dependent on drugs or alcohol shall 

be denied entrance into the armed forces. 

(2) The enlistment or appointment of a person who is determined, as a result of an evaluation conducted under subsection 

(a)(2), to be dependent on drugs or alcohol at the time of such enlistment or appointment shall be void. 

(3) A person who is denied entrance into the armed forces 

under paragraph (1), or whose enlistment or appointment is voided 

under paragraph (2), shall be referred to a civilian treatment facility. 

(4) The Secretary concerned may place on excess leave any 

member of the armed forces whose test results under subsection 

(a)(2) are positive for drug or alcohol use. The Secretary may continue such member’s status on excess leave pending disposition of 

the member’s case and processing for administrative separation. 

(d) The testing and evaluation required by subsection (a) shall 

be carried out under regulations prescribed by the Secretary of Defense in consultation with the Secretary of Homeland Security. 

Those regulations shall apply uniformly throughout the armed 

forces. 

(e) In time of war, or time of emergency declared by Congress 

or the President, the President may suspend the provisions of subsection (a). 

(Added Pub. L. 97–295, Sec. 1(14)(A), Oct. 12, 1982, 96 Stat. 1289; amended Dec. 4, 1987, Pub. 

L. 100–180, div. A, title V, Sec. 513(a)(1), 101 Stat. 1091; Pub. L. 100–456, div. A, title V, Sec. 

521(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 101–189, div. A, title V, Sec. 513(a)–(c), Nov. 

29, 1989, 103 Stat. 1440; Pub. L. 101–510, div. A, title XIV, Sec. 1484(k)(4), Nov. 5, 1990, 104 

Stat. 1719; Pub. L. 103–160, div. A, title V, Sec. 572, Nov. 30, 1993, 107 Stat. 1673; Pub. L. 

107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 979. Prohibition on loan and grant assistance to persons 

convicted of certain crimes 

Funds appropriated to the Department of Defense may not be 

used to provide a loan, a guarantee of a loan, or a grant to any person who has been convicted by a court of general jurisdiction of any 

crime which involves the use of (or assisting others in the use of) 

force, trespass, or the seizure of property under the control of an 

institution of higher education to prevent officials or students of 

the institution from engaging in their duties or pursuing their 

studies. 

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

§ 980. Limitation on use of humans as experimental subjects 

(a) Funds appropriated to the Department of Defense may not 

be used for research involving a human being as an experimental 

subject unless— 
495 § 983 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

(1) the informed consent of the subject is obtained in advance; or 

(2) in the case of research intended to be beneficial to the 

subject, the informed consent of the subject or a legal representative of the subject is obtained in advance. 

(b) The Secretary of Defense may waive the prohibition in this 

section with respect to a specific research project to advance the development of a medical product necessary to the armed forces if the 

research project may directly benefit the subject and is carried out 

in accordance with all other applicable laws. 

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

L. 107–107, div. A, title VII, Sec. 733, Dec. 28, 2001, 115 Stat. 1170.) 

§ 981. Limitation on number of enlisted aides 

(a) Subject to subsection (b), the total number of enlisted members that may be assigned or otherwise detailed to duty as enlisted 

aides on the personal staffs of officers of the Army, Navy, Marine 

Corps, Air Force, and Coast Guard (when operating as a service of 

the Navy) during a fiscal year is the number equal to the sum of 

(1) four times the number of officers serving on active duty at the 

end of the preceding fiscal year in the grade of general or admiral, 

and (2) two times the number of officers serving on active duty at 

the end of the preceding fiscal year in the grade of lieutenant general or vice admiral. 

(b) Not more than 300 enlisted members may be assigned to 

duty at any time as enlisted aides for officers of the Army, Navy, 

Air Force, and Marine Corps. 

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

§ 982. Members: service on State and local juries 

(a) A member of the armed forces on active duty may not be 

required to serve on a State or local jury if the Secretary concerned 

determines that such service— 

(1) would unreasonably interfere with the performance of 

the member’s military duties; or 

(2) would adversely affect the readiness of the unit, command, or activity to which the member is assigned. 

(b) A determination by the Secretary concerned under this section is conclusive. 

(c) The Secretary concerned shall prescribe regulations for the 

administration of this section. 

(d) In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory of 

the United States. 

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

§ 983. Institutions of higher education that prevent ROTC 

access or military recruiting on campus: denial of 

grants and contracts from Department of Defense, 

Department of Education, and certain other departments and agencies 

(a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS.—No funds described in subsection (d)(1) may be provided by 

contract or by grant to an institution of higher education (including 
§ 983 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 496 

any subelement of such institution) if the Secretary of Defense determines that that institution (or any subelement of that institution) has a policy or practice (regardless of when implemented) that 

either prohibits, or in effect prevents— 

(1) the Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (in accordance with section 654 of this 

title and other applicable Federal laws) at that institution (or 

any subelement of that institution); or 

(2) a student at that institution (or any subelement of that 

institution) from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education. 

(b) DENIAL OF FUNDS FOR PREVENTING MILITARY RECRUITING

ON CAMPUS.—No funds described in subsection (d)(1) may be provided by contract or by grant to an institution of higher education 

(including any subelement of such institution) if the Secretary of 

Defense determines that that institution (or any subelement of that 

institution) has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents— 

(1) the Secretary of a military department or Secretary of 

Homeland Security from gaining access to campuses, or access 

to students (who are 17 years of age or older) on campuses, for 

purposes of military recruiting in a manner that is at least 

equal in quality and scope to the access to campuses and to 

students that is provided to any other employer; or 

(2) access by military recruiters for purposes of military recruiting to the following information pertaining to students 

(who are 17 years of age or older) enrolled at that institution 

(or any subelement of that institution): 

(A) Names, addresses, and telephone listings. 

(B) Date and place of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student. 

(c) EXCEPTIONS.—The limitation established in subsection (a) 

or (b) shall not apply to an institution of higher education (or any 

subelement of that institution) if the Secretary of Defense determines that— 

(1) the institution (and each subelement of that institution) has ceased the policy or practice described in that subsection; or 

(2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation. 

(d) COVERED FUNDS.—(1) Except as provided in paragraph (2), 

the limitations established in subsections (a) and (b) apply to the 

following: 

(A) Any funds made available for the Department of Defense. 

(B) Any funds made available for any department or agency for which regular appropriations are made in a Departments 

of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. 

(C) Any funds made available for the Department of 

Homeland Security. 
497 § 985 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

(D) Any funds made available for the National Nuclear Security Administration of the Department of Energy. 

(E) Any funds made available for the Department of 

Transportation. 

(F) Any funds made available for the Central Intelligence 

Agency. 

(2) Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to 

be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for 

the purpose for which the funding is provided. 

(e) NOTICE OF DETERMINATIONS.—Whenever the Secretary of 

Defense makes a determination under subsection (a), (b), or (c), the 

Secretary— 

(1) shall transmit a notice of the determination to the Secretary of Education, to the head of each other department and 

agency the funds of which are subject to the determination, 

and to Congress; and 

(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the institution of higher education (and any subelement of that institution) for contracts and grants. 

(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—The Secretary 

of Defense shall publish in the Federal Register once every six 

months a list of each institution of higher education that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a) or (b). 

(Added Pub. L. 104–106, div. A, title V, Sec. 541(a), Feb. 10, 1996, 110 Stat. 315; amended Pub. 

L. 106–65, div. A, title V, Sec. 549(a)(1), Oct. 5, 1999, 113 Stat. 609; Pub. L. 107–296, title XVII, 

Sec. 1704(b)(1), (3), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title V, Sec. 552(a)– 

(d), Oct. 28, 2004, 118 Stat. 1911, 1912.) 

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

(a) PROHIBITION OF PERFORMANCE OF MILITARY HONORS.—The 

Secretary of a military department and the Secretary of Homeland 

Security, with respect to the Coast Guard when it is not operating 

as a service in the Navy, may not provide military honors (under 

section 1491 of this title or any other authority) at the funeral or 

burial of any of the following persons: 

(1) A person described in section 2411(b) of title 38. 

(2) A person who is a veteran (as defined in section 

1491(h) of this title) or who died while on active duty or a 

member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified 

by the Secretary of Defense are such that to provide military 

honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service). 

(b) DISQUALIFICATION FROM BURIAL IN MILITARY CEMETERIES.—A person who is ineligible for interment in a national 

cemetery under the control of the National Cemetery Administration by reason of section 2411(b) of title 38 is not entitled to or eligible for, and may not be provided, burial in— 

(1) Arlington National Cemetery; 

(2) the Soldiers’ and Airmen’s National Cemetery; or 
[§ 986 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 498 

(3) any other cemetery administered by the Secretary of a 

military department or the Secretary of Defense. 

(c) DEFINITION.—In this section, the term ‘‘burial’’ includes 

inurnment. 

(Added Pub. L. 105–85, div. A, title X, Sec. 1077(a)(1), Nov. 18, 1997, 111 Stat. 1914; amended 

Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, 

div. A, title VI, Sec. 662(b)(1)–(3), (c)(1), Jan. 6, 2006, 119 Stat. 3315.) 

[§ 986. Repealed. Pub. L. 110–181, div. A, title X, Sec. 

1072(b)(1), Jan. 28, 2008, 122 Stat. 330] 

§ 987. Terms of consumer credit extended to members and 

dependents: limitations 

(a) INTEREST.—A creditor who extends consumer credit to a 

covered member of the armed forces or a dependent of such a member shall not require the member or dependent to pay interest with 

respect to the extension of such credit, except as— 

(1) agreed to under the terms of the credit agreement or 

promissory note; 

(2) authorized by applicable State or Federal law; and 

(3) not specifically prohibited by this section. 

(b) ANNUAL PERCENTAGE RATE.—A creditor described in subsection (a) may not impose an annual percentage rate of interest 

greater than 36 percent with respect to the consumer credit extended to a covered member or a dependent of a covered member. 

(c) MANDATORY LOAN DISCLOSURES.— (1) INFORMATION REQUIRED.—With respect to any extension of consumer credit (including any consumer credit originated or extended through the internet) to a covered member 

or a dependent of a covered member, a creditor shall provide 

to the member or dependent the following information orally 

and in writing before the issuance of the credit: 

(A) A statement of the annual percentage rate of interest applicable to the extension of credit. 

(B) Any disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et seq.). 

(C) A clear description of the payment obligations of 

the member or dependent, as applicable. 

(2) TERMS.—Such disclosures shall be presented in accordance with terms prescribed by the regulations issued by the 

Board of Governors of the Federal Reserve System to implement the Truth in Lending Act (15 U.S.C. 1601 et seq.). 

(d) PREEMPTION.— 

(1) INCONSISTENT LAWS.—Except as provided in subsection 

(f)(2), this section preempts any State or Federal law, rule, or 

regulation, including any State usury law, to the extent that 

such law, rule, or regulation is inconsistent with this section, 

except that this section shall not preempt any such law, rule, 

or regulation that provides protection to a covered member or 

a dependent of such a member in addition to the protection 

provided by this section. 

(2) DIFFERENT TREATMENT UNDER STATE LAW OF MEMBERS

AND DEPENDENTS PROHIBITED.—States shall not— 

(A) authorize creditors to charge covered members and 

their dependents annual percentage rates of interest for 
499 § 987 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

loans higher than the legal limit for residents of the State; 

or 

(B) permit violation or waiver of any State consumer 

lending protections for the benefit of residents of the State 

on the basis of nonresident or military status of a covered 

member or dependent of such a member, regardless of the 

member’s or dependent’s domicile or permanent home of 

record. 

(e) LIMITATIONS.—It shall be unlawful for any creditor to extend consumer credit to a covered member or a dependent of such 

a member with respect to which— 

(1) the creditor rolls over, renews, repays, refinances, or 

consolidates any consumer credit extended to the borrower by 

the same creditor with the proceeds of other credit extended to 

the same covered member or a dependent; 

(2) the borrower is required to waive the borrower’s right 

to legal recourse under any otherwise applicable provision of 

State or Federal law, including any provision of the Servicemembers Civil Relief Act; 

(3) the creditor requires the borrower to submit to arbitration or imposes onerous legal notice provisions in the case of 

a dispute; 

(4) the creditor demands unreasonable notice from the borrower as a condition for legal action; 

(5) the creditor uses a check or other method of access to 

a deposit, savings, or other financial account maintained by the 

borrower, or the title of a vehicle as security for the obligation; 

(6) the creditor requires as a condition for the extension of 

credit that the borrower establish an allotment to repay an obligation; or 

(7) the borrower is prohibited from prepaying the loan or 

is charged a penalty or fee for prepaying all or part of the loan. 

(f) PENALTIES AND REMEDIES.— 

(1) MISDEMEANOR.—A creditor who knowingly violates this 

section shall be fined as provided in title 18, or imprisoned for 

not more than one year, or both. 

(2) PRESERVATION OF OTHER REMEDIES.—The remedies and 

rights provided under this section are in addition to and do not 

preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for 

consequential and punitive damages. 

(3) CONTRACT VOID.—Any credit agreement, promissory 

note, or other contract prohibited under this section is void 

from the inception of such contract. 

(4) ARBITRATION.—Notwithstanding section 2 of title 9, or 

any other Federal or State law, rule, or regulation, no agreement to arbitrate any dispute involving the extension of consumer credit shall be enforceable against any covered member 

or dependent of such a member, or any person who was a covered member or dependent of that member when the agreement was made. 

(g) SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS UNAFFECTED.—Nothing in this section may be construed to limit or oth-
§ 987 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 500 

erwise affect the applicability of section 207 of the Servicemembers 

Civil Relief Act (50 U.S.C. App. 527). 

(h) REGULATIONS.—(1) The Secretary of Defense shall prescribe 

regulations to carry out this section. 

(2) Such regulations shall establish the following: 

(A) Disclosures required of any creditor that extends consumer credit to a covered member or dependent of such a 

member. 

(B) The method for calculating the applicable annual percentage rate of interest on such obligations, in accordance with 

the limit established under this section. 

(C) A maximum allowable amount of all fees, and the 

types of fees, associated with any such extension of credit, to 

be expressed and disclosed to the borrower as a total amount 

and as a percentage of the principal amount of the obligation, 

at the time at which the transaction is entered into. 

(D) Definitions of ‘‘creditor’’ under paragraph (5) and ‘‘consumer credit’’ under paragraph (6) of subsection (i), consistent 

with the provisions of this section. 

(E) Such other criteria or limitations as the Secretary of 

Defense determines appropriate, consistent with the provisions 

of this section. 

(3) In prescribing regulations under this subsection, the Secretary of Defense shall consult with the following: 

(A) The Federal Trade Commission. 

(B) The Board of Governors of the Federal Reserve System. 

(C) The Office of the Comptroller of the Currency. 

(D) The Federal Deposit Insurance Corporation. 

(E) The Office of Thrift Supervision. 

(F) The National Credit Union Administration. 

(G) The Treasury Department. 

(i) DEFINITIONS.—In this section: 

(1) COVERED MEMBER.—The term ‘‘covered member’’ means 

a member of the armed forces who is— 

(A) on active duty under a call or order that does not 

specify a period of 30 days or less; or 

(B) on active Guard and Reserve Duty. 

(2) DEPENDENT.—The term ‘‘dependent’’, with respect to a 

covered member, means— 

(A) the member’s spouse; 

(B) the member’s child (as defined in section 101(4) of 

title 38); or 

(C) an individual for whom the member provided more 

than one-half of the individual’s support for 180 days immediately preceding an extension of consumer credit covered by this section. 

(3) INTEREST.—The term ‘‘interest’’ includes all cost elements associated with the extension of credit, including fees, 

service charges, renewal charges, credit insurance premiums, 

any ancillary product sold with any extension of credit to a 

servicemember or the servicemember’s dependent, as applicable, and any other charge or premium with respect to the extension of consumer credit. 
501 § 987 CH. 49—MISCELLANEOUS PROHIBITIONS & PENALTIES 

(4) ANNUAL PERCENTAGE RATE.—The term ‘‘annual percentage rate’’ has the same meaning as in section 107 of the 

Truth and Lending Act (15 U.S.C. 1606), as implemented by 

regulations of the Board of Governors of the Federal Reserve 

System. For purposes of this section, such term includes all 

fees and charges, including charges and fees for single premium credit insurance and other ancillary products sold in 

connection with the credit transaction, and such fees and 

charges shall be included in the calculation of the annual percentage rate. 

(5) CREDITOR.—The term ‘‘creditor’’ means a person— 

(A) who— 

(i) is engaged in the business of extending consumer credit; and 

(ii) meets such additional criteria as are specified 

for such purpose in regulations prescribed under this 

section; or 

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

(6) CONSUMER CREDIT.—The term ‘‘consumer credit’’ has 

the meaning provided for such term in regulations prescribed 

under this section, except that such term does not include (A) 

a residential mortgage, or (B) a loan procured in the course of 

purchasing a car or other personal property, when that loan is 

offered for the express purpose of financing the purchase and 

is secured by the car or personal property procured. 

(Added Pub. L. 109–364, div. A, title VI, Sec. 670(a), Oct. 17, 2006, 120 Stat. 2266.) 
502 

CHAPTER 50—MISCELLANEOUS COMMAND 

RESPONSIBILITIES 

Sec. 

991. Management of deployments of members. 

992. Consumer education: financial services. 

§ 991. Management of deployments of members 

(a) MANAGEMENT RESPONSIBILITIES.—(1) The deployment (or 

potential deployment) of a member of the armed forces shall be 

managed to ensure that the member is not deployed, or continued 

in a deployment, on any day on which the total number of days on 

which the member has been deployed— 

(A) out of the preceding 365 days would exceed the oneyear high-deployment threshold; or 

(B) out of the preceding 730 days would exceed the twoyear high-deployment threshold. 

(2) In this subsection: 

(A) The term ‘‘one-year high-deployment threshold’’ 

means— 

(i) 220 days; or 

(ii) a lower number of days prescribed by the Secretary 

of Defense, acting through the Under Secretary of Defense 

for Personnel and Readiness. 

(B) The term ‘‘two-year high-deployment threshold’’ 

means— 

(i) 400 days; or 

(ii) a lower number of days prescribed by the Secretary 

of Defense, acting through the Under Secretary of Defense 

for Personnel and Readiness. 

(3) A member may be deployed, or continued in a deployment, 

without regard to paragraph (1) if the deployment, or continued deployment, is approved by the Secretary of Defense. The authority 

of the Secretary under the preceding sentence may only be delegated to— 

(A) a civilian officer of the Department of Defense appointed by the President, by and with the advise and consent 

of the Senate, or a member of the Senior Executive Service; or 

(B) a general or flag officer in that member’s chain of command (including an officer in the grade of colonel, or in the 

case of the Navy, captain, serving in a general or flag officer 

position who has been selected for promotion to the grade of 

brigadier general or rear admiral (lower half) in a report of a 

selection board convened under section 611(a) or 14101(a) of 

this title that has been approved by the President). 

(b) DEPLOYMENT DEFINED.—(1) For the purposes of this section, a member of the armed forces shall be considered to be deployed or in a deployment on any day on which, pursuant to orders, 
503 § 992 CH. 50—MISCELLANEOUS COMMAND RESPONSIBILITIES 

the member is performing service in a training exercise or operation at a location or under circumstances that make it impossible 

or infeasible for the member to spend off-duty time in the housing 

in which the member resides when on garrison duty at the member’s permanent duty station or homeport, as the case may be. 

(2) In the case of a member of a reserve component who is performing active service pursuant to orders that do not establish a 

permanent change of station, the housing referred to in paragraph 

(1) is any housing (which may include the member’s residence) that 

the member usually occupies for use during off-duty time when on 

garrison duty at the member’s permanent duty station or homeport, as the case may be. 

(3) For the purposes of this section, a member is not deployed 

or in a deployment when the member is— 

(A) performing service as a student or trainee at a school 

(including any Government school); 

(B) performing administrative, guard, or detail duties in 

garrison at the member’s permanent duty station; or 

(C) unavailable solely because of— 

(i) a hospitalization of the member at the member’s 

permanent duty station or homeport or in the immediate 

vicinity of the member’s permanent residence; or 

(ii) a disciplinary action taken against the member. 

(4) The Secretary of Defense may prescribe a definition of deployment for the purposes of this section other than the definition 

specified in paragraphs (1) and (2). Any such definition may not 

take effect until 90 days after the date on which the Secretary notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the 

revised standard definition of deployment. 

(c) RECORDKEEPING.—The Secretary of each military department shall establish a system for tracking and recording the number of days that each member of the armed forces under the jurisdiction of the Secretary is deployed. 

(d) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary of 

the military department concerned may suspend the applicability 

of this section to a member or any group of members under the 

Secretary’s jurisdiction when the Secretary determines that such a 

waiver is necessary in the national security interests of the United 

States. 

(e) INAPPLICABILITY TO COAST GUARD.—This section does not 

apply to a member of the Coast Guard when the Coast Guard is 

not operating as a service in the Navy. 

(Added Pub. L. 106–65, div. A, title V, Sec. 586(a), Oct. 5, 1999, 113 Stat. 637; amended Pub. 

L. 106–398, Sec. 1[[div. A], title V, Sec. 574(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–136, 

1654A–137; Pub. L. 107–107, div. A, title V, Sec. 515(a), Dec. 28, 2001, 115 Stat. 1093; Pub. 

L. 108–136, div. A, title V, Sec. 541(a), Nov. 24, 2003, 117 Stat. 1475.) 

§ 992. Consumer education: financial services 

(a) REQUIREMENT FOR CONSUMER EDUCATION PROGRAM FOR

MEMBERS.—(1) The Secretary concerned shall carry out a program 

to provide comprehensive education to members of the armed forces 

under the jurisdiction of the Secretary on— 

(A) financial services that are available under law to members; 
§ 992 CH. 50—MISCELLANEOUS COMMAND RESPONSIBILITIES 504 

(B) financial services that are routinely offered by private 

sector sources to members; 

(C) practices relating to the marketing of private sector financial services to members; 

(D) such other matters relating to financial services available to members, and the marketing of financial services to 

members, as the Secretary considers appropriate; and 

(E) such other financial practices as the Secretary considers appropriate. 

(2) Training under this subsection shall be provided to members as— 

(A) a component of members initial entry orientation training; and 

(B) a component of periodically recurring required training 

that is provided for the members at military installations. 

(3) The training provided at a military installation under paragraph (2)(B) shall include information on any financial services 

marketing practices that are particularly prevalent at that military 

installation and in the vicinity. 

(b) COUNSELING FOR MEMBERS AND SPOUSES.—(1) The Secretary concerned shall, upon request, provide counseling on financial services to each member of the armed forces, and such member’s spouse, under the jurisdiction of the Secretary. 

(2)(A) In the case of a military installation at which at least 

2,000 members of the armed forces on active duty are assigned, the 

Secretary concerned— 

(i) shall provide counseling on financial services under this 

subsection through a full-time financial services counselor at 

such installation; and 

(ii) may provide such counseling at such installation by 

any means elected by the Secretary from among the following: 

(I) Through members of the armed forces in pay grade 

E–7 or above, or civilians, who provide such counseling as 

part of their other duties for the armed forces or the Department of Defense. 

(II) By contract, including contract for services by telephone and by the Internet. 

(III) Through qualified representatives of nonprofit organizations and agencies under formal agreements with 

the Department of Defense to provide such counseling. 

(B) In the case of any military installation not described in 

subparagraph (A), the Secretary concerned shall provide counseling 

on financial services under this subsection at such installation by 

any of the means set forth in subparagraph (A)(ii), as elected by 

the Secretary concerned. 

(3) Each financial services counselor under paragraph (2)(A)(i), 

and any other individual providing counseling on financial services 

under paragraph (2), shall be an individual who, by reason of education, training, or experience, is qualified to provide helpful counseling to members of the armed forces and their spouses on financial services and marketing practices described in subsection (a)(1). 

Such individual may be a member of the armed forces or an employee of the Federal Government. 
505 § 992 CH. 50—MISCELLANEOUS COMMAND RESPONSIBILITIES 

(4) The Secretary concerned shall take such action as is necessary to ensure that each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under paragraphs (2), is free from conflicts of interest relevant to the performance of duty under this section and, 

in the performance of that duty, is dedicated to furnishing members of the armed forces and their spouses with helpful information 

and counseling on financial services and related marketing practices. 

(c) LIFE INSURANCE.—In counseling a member of the armed 

forces, or spouse of a member of the armed forces, under this section regarding life insurance offered by a private sector source, a 

financial services counselor under subsection (b)(2)(A)(i), or another 

individual providing counseling on financial services under subsection (b)(2), shall furnish the member or spouse, as the case may 

be, with information on the availability of Servicemembers’ Group 

Life Insurance under subchapter III of chapter 19 of title 38, including information on the amounts of coverage available and the 

procedures for electing coverage and the amount of coverage. 

(d) FINANCIAL SERVICES DEFINED.—In this section, the term 

‘‘financial services’’ includes the following: 

(1) Life insurance, casualty insurance, and other insurance. 

(2) Investments in securities or financial instruments. 

(3) Banking, credit, loans, deferred payment plans, and 

mortgages. 

(Added Pub. L. 109–163, div. A, title V, Sec. 578(a)(1), Jan. 6, 2006, 119 Stat. 3274; amended 

Pub. L. 111–84, div. A, title X, Sec. 1073(a)(8), Oct. 28, 2009, 123 Stat. 2472.) 
506 

CHAPTER 51—RESERVE COMPONENTS: STANDARDS 

AND PROCEDURES FOR RETENTION AND PROMOTION 

Sec. 

1001. Reference to chapter 1219. 

§ 1001. Reference to chapter 1219 

Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set 

forth in chapter 1219 of this title (beginning with section 12641). 

(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(h)(5), Oct. 5, 1994, 108 Stat. 2997.) 
507 

CHAPTER 53—MISCELLANEOUS RIGHTS AND BENEFITS 

Sec. 

1030. Bonus to encourage Department of Defense personnel to refer persons for 

appointment as officers to serve in health professions. 

1031. Administration of oath. 

1032. Disability and death compensation: dependents of members held as captives. 

1033. Participation in management of specified non-Federal entities: authorized 

activities. 

1034. Protected communications; prohibition of retaliatory personnel actions. 

1035. Deposits of savings. 

1036. Escorts for dependents of members: transportation and travel allowances. 

1037. Counsel before foreign judicial tribunals and administrative agencies; 

court costs and bail. 

1038. Service credit: certain service in Women’s Army Auxiliary Corps. 

1039. Crediting of minority service. 

1040. Transportation of dependent patients. 

1041. Replacement of certificate of discharge. 

1042. Copy of certificate of service. 

1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service. 

1044. Legal assistance. 

1044a. Authority to act as notary. 

1044b. Military powers of attorney: requirement for recognition by States. 

1044c. Advance medical directives of members and dependents: requirement for 

recognition by States. 

1044d. Military testamentary instruments: requirement for recognition by States. 

1045. Voluntary withholding of State income tax from retired or retainer pay. 

1046. Overseas temporary foster care program. 

1047. Allowance for civilian clothing. 

1048. Gratuity payment to persons discharged for fraudulent enlistment. 

1049. Subsistence: miscellaneous persons. 

1050. Latin American cooperation: payment of personnel expenses. 

1050a. African cooperation: payment of personnel expenses. 

1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses. 

1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, medical care, and other personal expenses. 

1051b. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance. 

1052. Adoption expenses: reimbursement. 

1053. Financial institution charges incurred because of Government error in direct deposit of pay: reimbursement. 

1053a. Expenses incurred in connection with leave canceled due to contingency 

operations: reimbursement. 

1054. Defense of certain suits arising out of legal malpractice. 

1055. Waiver of security deposits for members renting private housing; authority 

to indemnify landlord. 

1056. Relocation assistance programs. 

1057. Use of armed forces insignia on State license plates. 

1058. Responsibilities of military law enforcement officials at scenes of domestic 

violence. 

1059. Dependents of members separated for dependent abuse: transitional compensation; commissary and exchange benefits. 

1060. Military service of retired members with newly democratic nations: consent of Congress. 

1060a. Special supplemental food program. 

1060b. Military ID cards: dependents and survivors of retirees. 
§ 1030 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 508 

§ 1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers 

to serve in health professions 

(a) AUTHORITY TO PAY BONUS.— 

(1) AUTHORITY.—The Secretary of Defense may authorize 

the appropriate Secretary to pay a bonus under this section to 

an individual referred to in paragraph (2) who refers to a military recruiter a person who has not previously served in an 

armed force and, after such referral, takes an oath of enlistment that leads to appointment as a commissioned officer, or 

accepts an appointment as a commissioned officer, in an armed 

force in a health profession designated by the appropriate Secretary for purposes of this section. 

(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Subject to subsection (c), the following individuals are eligible for a referral 

bonus under this section: 

(A) A member of the armed forces in a regular component of the armed forces. 

(B) A member of the armed forces in a reserve component of the armed forces. 

(C) A member of the armed forces in a retired status, 

including a member under 60 years of age who, but for 

age, would be eligible for retired or retainer pay. 

(D) A civilian employee of a military department or 

the Department of Defense. 

(b) REFERRAL.—For purposes of this section, a referral for 

which a bonus may be paid under subsection (a) occurs— 

(1) when the individual concerned contacts a military recruiter on behalf of a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, 

or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession; or 

(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or 

accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession contacts a military recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person. 

(c) CERTAIN REFERRALS INELIGIBLE.— 

(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 

armed forces or civilian employee of a military department or 

the Department of Defense may not be paid a bonus under 

subsection (a) for the referral of an immediate family member. 

(2) MEMBERS IN RECRUITING ROLES.—A member of the 

armed forces or civilian employee of a military department or 

the Department of Defense serving in a recruiting or retention 

assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by 

the appropriate Secretary) be perceived as creating a conflict 

of interest, may not be paid a bonus under subsection (a). 

(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS.—A member of the armed forces detailed under subsection (c)(1) of section 2031 of this title to serve as an admin-
509 § 1031 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

istrator or instructor in the Junior Reserve Officers’ Training 

Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under 

subsection (d) of such section may not be paid a bonus under 

subsection (a). 

(d) AMOUNT OF BONUS.—The amount of the bonus payable for 

a referral under subsection (a) may not exceed $2,000. The amount 

shall be payable as provided in subsection (e). 

(e) PAYMENT.—A bonus payable for a referral of a person under 

subsection (a) shall be paid as follows: 

(1) Not more than $1,000 shall be paid upon the execution 

by the person of an agreement to serve as an officer in a health 

profession in an armed force for not less than three years. 

(2) Not more than $1,000 shall be paid upon the completion by the person of the initial period of military training as 

an officer. 

(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral 

bonus authorized by this section is not a bounty for purposes of section 514(a) of this title. 

(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 

paid under this section to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision 

of law. 

(h) APPROPRIATE SECRETARY DEFINED.—In this section, the 

term ‘‘appropriate Secretary’’ means— 

(1) the Secretary of the Army, with respect to matters concerning the Army; 

(2) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard 

when it is operating as a service in the Navy; 

(3) the Secretary of the Air Force, with respect to matters 

concerning the Air Force; and 

(4) the Secretary of Defense, with respect to personnel of 

the Department of Defense. 

(i) DURATION OF AUTHORITY.—A bonus may not be paid under 

subsection (a) with respect to any referral that occurs after December 31, 2011. 

(Added Pub. L. 110–181, div. A, title VI, Sec. 671(b)(1), Jan. 28, 2008, 122 Stat. 182; amended 

Pub. L. 110–417, [div. A], title VI, Sec. 615(a), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, 

div. A, title VI, Sec. 616(1), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, Sec. 

616(1), title XI, Sec. 1075(b)(15), Jan. 7, 2011, 124 Stat. 4238, 4369.) 

§ 1031. Administration of oath 

The President, the Vice-President, the Secretary of Defense, 

any commissioned officer, and any other person designated under 

regulations prescribed by the Secretary of Defense may administer 

any oath— 

(1) required for the enlistment or appointment of any person in the armed forces; or 

(2) required by law in connection with such an enlistment 

or appointment. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, Sec. 595(b), Oct. 17, 

2006, 120 Stat. 2235.) 
§ 1032 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 510 

§ 1032. Disability and death compensation: dependents of 

members held as captives 

(a) The President shall prescribe regulations under which the 

Secretary concerned may pay compensation for the disability or 

death of a dependent of a member of the uniformed services if the 

President determines that the disability or death— 

(1) was caused by hostile action; and 

(2) was a result of the relationship of the dependent to the 

member of the uniformed services. 

(b) Any compensation otherwise payable to a person under this 

section in connection with any disability or death shall be reduced 

by any amount payable to such person under any other program 

funded in whole or in part by the United States in connection with 

such disability or death, except that nothing in this subsection 

shall result in the reduction of any amount below zero. 

(c) A determination by the President under subsection (a) is 

conclusive and is not subject to judicial review. 

(d) In this section: 

(1) The term ‘‘dependent’’ has the meaning given that term 

in section 551 of title 37. 

(2) The term ‘‘Secretary concerned’’ has the meaning given 

that term in section 101 of that title. 

(Added Pub. L. 99–399, title VIII, Sec. 806(b)(1), Aug. 27, 1986, 100 Stat. 885, Sec. 1051; amended Pub. L. 99–661, div. A, title XIII, Sec. 1343(a)(25), Nov. 14, 1986, 100 Stat. 3994; renumbered 

Sec. 1032 and amended Pub. L. 100–26, Sec. 3(8), 7(e)(1)(A), Apr. 21, 1987, 101 Stat. 274, 281; 

Pub. L. 101–189, div. A, title XVI, Sec. 1622(e)(2), Nov. 29, 1989, 103 Stat. 1605.) 

§ 1033. Participation in management of specified non-Federal entities: authorized activities 

(a) AUTHORIZATION.—The Secretary concerned may authorize a 

member of the armed forces under the Secretary’s jurisdiction to 

serve without compensation as a director, officer, or trustee, or to 

otherwise participate, in the management of an entity designated 

under subsection (b). Any such authorization shall be made on a 

case-by-case basis, for a particular member to participate in a specific capacity with a specific designated entity. Such authorization 

may be made only for the purpose of providing oversight and advice 

to, and coordination with, the designated entity, and participation 

of the member in the activities of the designated entity may not extend to participation in the day-to-day operations of the entity. 

(b) DESIGNATED ENTITIES.—(1) The Secretary of Defense, and 

the Secretary of Homeland Security in the case of the Coast Guard 

when it is not operating as a service in the Navy, shall designate 

those entities for which authorization under subsection (a) may be 

provided. The list of entities so designated may not be revised more 

frequently than semiannually. In making such designations, the 

Secretary shall designate each military welfare society and may 

designate any other entity described in paragraph (3). No other entities may be designated. 

(2) In this section, the term ‘‘military welfare society’’ means 

the following: 

(A) Army Emergency Relief. 

(B) Air Force Aid Society, Inc. 

(C) Navy-Marine Corps Relief Society. 
511 § 1034 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(D) Coast Guard Mutual Assistance. 

(3) An entity described in this paragraph is an entity that is 

not operated for profit and is any of the following: 

(A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). 

(B) An entity that regulates international athletic competitions. 

(C) An entity that accredits service academies and other 

schools of the armed forces (including regional accrediting 

agencies). 

(D) An entity that (i) regulates the performance, standards, and policies of military health care (including health care 

associations and professional societies), and (ii) has designated 

the position or capacity in that entity in which a member of 

the armed forces may serve if authorized under subsection (a). 

(E) An entity that, operating in a foreign nation where 

United States military personnel are serving at United States 

military activities, promotes understanding and tolerance between such personnel (and their families) and the citizens of 

that host foreign nation through programs that foster social relations between those persons. 

(c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED

PERSONS.—A designation of an entity under subsection (b), and an 

authorization under subsection (a) of a member of the armed forces 

to participate in the management of such an entity, shall be published in the Federal Register. 

(d) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when 

it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. 

(Added Pub. L. 105–85, div. A, title V, Sec. 593(a)(1), Nov. 18, 1997, 111 Stat. 1762; amended 

Pub. L. 106–65, div. A, title V, Sec. 583, Oct. 5, 1999, 113 Stat. 634; Pub. L. 107–296, title XVII, 

Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1034. Protected communications; prohibition of retaliatory 

personnel actions 

(a) RESTRICTING COMMUNICATIONS WITH MEMBERS OF CONGRESS AND INSPECTOR GENERAL PROHIBITED.—(1) No person may 

restrict a member of the armed forces in communicating with a 

Member of Congress or an Inspector General. 

(2) Paragraph (1) does not apply to a communication that is 

unlawful. 

(b) PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.—(1) No 

person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal against a member of the armed forces for making 

or preparing— 

(A) a communication to a Member of Congress or an Inspector General that (under subsection (a)) may not be restricted; or 

(B) a communication that is described in subsection (c)(2) 

and that is made (or prepared to be made) to— 

(i) a Member of Congress; 
§ 1034 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 512 

(ii) an Inspector General (as defined in subsection (i)) 

or any other Inspector General appointed under the Inspector General Act of 1978; 

(iii) a member of a Department of Defense audit, inspection, investigation, or law enforcement organization; 

(iv) any person or organization in the chain of command; or 

(v) any other person or organization designated pursuant to regulations or other established administrative procedures for such communications. 

(2) Any action prohibited by paragraph (1) (including the 

threat to take any unfavorable action and the withholding or threat 

to withhold any favorable action) shall be considered for the purposes of this section to be a personnel action prohibited by this subsection. 

(c) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF

PROHIBITED PERSONNEL ACTIONS.—(1) If a member of the armed 

forces submits to an Inspector General an allegation that a personnel action prohibited by subsection(b) has been taken (or threatened) against the member with respect to a communication described in paragraph (2), the Inspector General shall take the action required under paragraph (3). 

(2) A communication described in this paragraph is a communication in which a member of the armed forces complains of, or 

discloses information that the member reasonably believes constitutes evidence of, any of the following: 

(A) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination. 

(B) Gross mismanagement, a gross waste of funds, an 

abuse of authority, or a substantial and specific danger to public health or safety. 

(3)(A) An Inspector General receiving an allegation as described in paragraph (1) shall expeditiously determine, in accordance with regulations prescribed under subsection (h), whether 

there is sufficient evidence to warrant an investigation of the allegation. 

(B) If the Inspector General receiving such an allegation is an 

Inspector General within a military department, that Inspector 

General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made 

in accordance with regulations prescribed under subsection (h). 

(C) If an allegation under paragraph (1) is submitted to an Inspector General within a military department and if the determination of that Inspector General under subparagraph (A) is that there 

is not sufficient evidence to warrant an investigation of the allegation, that Inspector General shall forward the matter to the Inspector General of the Department of Defense for review. 

(D) Upon determining that an investigation of an allegation 

under paragraph (1) is warranted, the Inspector General making 

the determination shall expeditiously investigate the allegation. In 

the case of a determination made by the Inspector General of the 

Department of Defense, that Inspector General may delegate re-
513 § 1034 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

sponsibility for the investigation to an appropriate Inspector General within a military department. 

(E) In the case of an investigation under subparagraph (D) 

within the Department of Defense, the results of the investigation 

shall be determined by, or approved by, the Inspector General of 

the Department of Defense (regardless of whether the investigation 

itself is conducted by the Inspector General of the Department of 

Defense or by an Inspector General within a military department). 

(4) Neither an initial determination under paragraph (3)(A) nor 

an investigation under paragraph (3)(D) is required in the case of 

an allegation made more than 60 days after the date on which the 

member becomes aware of the personnel action that is the subject 

of the allegation. 

(5) The Inspector General of the Department of Defense, or the 

Inspector General of the Department of Homeland Security (in the 

case of a member of the Coast Guard when the Coast Guard is not 

operating as a service in the Navy), shall ensure that the Inspector 

General conducting the investigation of an allegation under this 

subsection is outside the immediate chain of command of both the 

member submitting the allegation and the individual or individuals 

alleged to have taken the retaliatory action. 

(d) INSPECTOR GENERAL INVESTIGATION OF UNDERLYING ALLE- GATIONS.—Upon receiving an allegation under subsection (c), the 

Inspector General receiving the allegation shall conduct a separate 

investigation of the information that the member making the allegation believes constitutes evidence of wrongdoing (as described in 

subparagraph (A) or (B) of subsection (c)(2)) if there previously has 

not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate. In the case of an allegation received by the Inspector General of the Department of Defense, the Inspector General may delegate that responsibility to the Inspector General of the armed force 

concerned. 

(e) REPORTS ON INVESTIGATIONS.—(1) After completion of an investigation under subsection (c) or (d) or, in the case of an investigation under subsection (c) by an Inspector General within a military department, after approval of the report of that investigation 

under subsection (c)(3)(E), the Inspector General conducting the investigation shall submit a report on the results of the investigation 

to the Secretary of Defense (or to the Secretary of Homeland Security in the case of a member of the Coast Guard when the Coast 

Guard is not operating as a service in the Navy) and shall transmit 

a copy of the report on the results of the investigation to the member of the armed forces who made the allegation investigated. The 

report shall be transmitted to the Secretary, and the copy of the 

report shall be transmitted to the member, not later than 30 days 

after the completion of the investigation or, in the case of an investigation under subsection (c) by an Inspector General within a military department, after approval of the report of that investigation 

under subsection (c)(3)(E). 

(2) In the copy of the report transmitted to the member, the 

Inspector General shall ensure the maximum disclosure of information possible, with the exception of information that is not required 

to be disclosed under section 552 of title 5. However, the copy need 
§ 1034 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 514 

not include summaries of interviews conducted, nor any document 

acquired, during the course of the investigation. Such items shall 

be transmitted to the member, if the member requests the items, 

with the copy of the report or after the transmittal to the member 

of the copy of the report, regardless of whether the request for 

those items is made before or after the copy of the report is transmitted to the member. 

(3) If, in the course of an investigation of an allegation under 

this section, the Inspector General determines that it is not possible to submit the report required by paragraph (1) within 180 

days after the date of receipt of the allegation being investigated, 

the Inspector General shall provide to the Secretary of Defense (or 

to the Secretary of Homeland Security in the case of a member of 

the Coast Guard when the Coast Guard is not operating as a service in the Navy) and to the member making the allegation a 

notice— 

(A) of that determination (including the reasons why the 

report may not be submitted within that time); and 

(B) of the time when the report will be submitted. 

(4) The report on the results of the investigation shall contain 

a thorough review of the facts and circumstances relevant to the 

allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including 

summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. 

(f) CORRECTION OF RECORDS WHEN PROHIBITED ACTION

TAKEN.—(1) A board for the correction of military records acting 

under section 1552 of this title, in resolving an application for the 

correction of records made by a member or former member of the 

armed forces who has alleged a personnel action prohibited by subsection (b), on the request of the member or former member or otherwise, may review the matter. 

(2) In resolving an application described in paragraph (1), a 

correction board— 

(A) shall review the report of the Inspector General submitted under subsection (e)(1); 

(B) may request the Inspector General to gather further 

evidence; and 

(C) may receive oral argument, examine and cross-examine 

witnesses, take depositions, and, if appropriate, conduct an evidentiary hearing. 

(3) If the board elects to hold an administrative hearing, the 

member or former member who filed the application described in 

paragraph (1)— 

(A) may be provided with representation by a judge advocate if— 

(i) the Inspector General, in the report under subsection (e)(1), finds that there is probable cause to believe 

that a personnel action prohibited by subsection (b) has 

been taken (or threatened) against the member with respect to a communication described in subsection (c)(2); 

(ii) the Judge Advocate General concerned determines 

that the case is unusually complex or otherwise requires 
515 § 1034 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

judge advocate assistance to ensure proper presentation of 

the legal issues in the case; and 

(iii) the member is not represented by outside counsel 

chosen by the member; and 

(B) may examine witnesses through deposition, serve interrogatories, and request the production of evidence, including 

evidence contained in the investigatory record of the Inspector 

General but not included in the report submitted under subsection (e)(1). 

(4) The Secretary concerned shall issue a final decision with respect to an application described in paragraph (1) within 180 days 

after the application is filed. If the Secretary fails to issue such a 

final decision within that time, the member or former member 

shall be deemed to have exhausted the member’s or former member’s administrative remedies under section 1552 of this title. 

(5) The Secretary concerned shall order such action, consistent 

with the limitations contained in sections 1552 and 1553 of this 

title, as is necessary to correct the record of a personnel action prohibited by subsection (b). 

(6) If the Board determines that a personnel action prohibited 

by subsection (b) has occurred, the Board may recommend to the 

Secretary concerned that the Secretary take appropriate disciplinary action against the individual who committed such personnel 

action. 

(g) REVIEW BY SECRETARY OF DEFENSE.—Upon the completion 

of all administrative review under subsection (f), the member or 

former member of the armed forces (except for a member or former 

member of the Coast Guard when the Coast Guard is not operating 

as a service in the Navy) who made the allegation referred to in 

subsection (c)(1), if not satisfied with the disposition of the matter, 

may submit the matter to the Secretary of Defense. The Secretary 

shall make a decision to reverse or uphold the decision of the Secretary of the military department concerned in the matter within 

90 days after receipt of such a submittal. 

(h) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when 

it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘Member of Congress’’ includes any Delegate 

or Resident Commissioner to Congress. 

(2) The term ‘‘Inspector General’’ means any of the following: 

(A) The Inspector General of the Department of Defense. 

(B) The Inspector General of the Department of Homeland Security, in the case of a member of the Coast Guard 

when the Coast Guard is not operating as a service in the 

Navy. 

(C) Any officer of the armed forces or employee of the 

Department of Defense who is assigned or detailed to serve 

as an Inspector General at any level in the Department of 

Defense. 
§ 1035 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 516 

(3) The term ‘‘unlawful discrimination’’ means discrimination on the basis of race, color, religion, sex, or national origin. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 98–525, title XIV, Sec. 1405(19)(A), (B)(i), Oct. 

19, 1984, 98 Stat. 2622; Pub. L. 100–456, div. A, title VIII, Sec. 846(a)(1), Sept. 29, 1988, 102 

Stat. 2027; Pub. L. 101–225, title II, Sec. 202, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 103–337, 

div. A, title V, Sec. 531(a)–(g)(1), Oct. 5, 1994, 108 Stat. 2756–2758; Pub. L. 105–261, div. A, 

title IX, Sec. 933, Oct. 17, 1998, 112 Stat. 2107; Pub. L. 106–398, Sec. 1[[div. A], title IX, Sec. 

903], Oct. 30, 2000, 114 Stat. 1654, 1654A–224; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 

25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title V, Sec. 591(a), Oct. 28, 2004, 118 Stat. 

1933; Pub. L. 110–181, div. A, title X, Sec. 1063(a)(8), Jan. 28, 2008, 122 Stat. 322.) 

§ 1035. Deposits of savings 

(a) Under joint regulations prescribed by the Secretaries concerned, a member of the armed forces who is on a permanent duty 

assignment outside the United States or its possessions may deposit during that tour of duty not more than his unallotted current 

pay and allowances in amounts of $5 or more, with any branch, office, or officer of a uniformed service. Amounts so deposited shall 

be deposited in the Treasury and kept as a separate fund, and 

shall be accounted for in the same manner as public funds. 

(b) Interest at a rate prescribed by the President, not to exceed 

10 percent a year, will accrue on amounts deposited under this section. However, the maximum amount upon which interest may be 

paid under this subsection to any member is $10,000, except that 

such limitation shall not apply to deposits made on or after September 1, 1966, in the case of those members in a missing status 

during the Vietnam conflict, the Persian Gulf conflict, or a contingency operation. Interest under this subsection shall terminate 90 

days after the member’s return to the United States or its possessions. 

(c) Except as provided in joint regulations prescribed by the 

Secretaries concerned, payments of deposits, and interest thereon, 

may not be made to the member while he is on duty outside the 

United States or its possessions. 

(d) An amount deposited under this section, with interest 

thereon, is exempt from liability for the member’s debts, including 

any indebtedness to the United States or any instrumentality 

thereof, and is not subject to forfeiture by sentence of a court-martial. 

(e) The Secretary concerned, or his designee, may in the interest of a member who is in a missing status or his dependents, initiate, stop, modify, and change allotments, and authorize a withdrawal of deposits, made under this section, even though the member had an opportunity to deposit amounts under this section and 

elected not to do so. Interest may be computed from the day the 

member entered a missing status, or September 1, 1966, whichever 

is later. 

(f) The Secretary of Defense may authorize a member of the 

armed forces who is on a temporary duty assignment outside of the 

United States or its possessions in support of a contingency operation to make deposits of unallotted current pay and allowances 

during that duty as provided in subsection (a). The Secretary shall 

prescribe regulations establishing standards and procedures for the 

administration of this subsection. 

(g) In this section: 
517 § 1037 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(1) The term ‘‘missing status’’ has the meaning given that 

term in section 551(2) of title 37. 

(2) The term ‘‘Vietnam conflict’’ means the period beginning on February 28, 1961, and ending on May 7, 1975. 

(3) The term ‘‘Persian Gulf conflict’’ means the period beginning on January 16, 1991, and ending on the date thereafter prescribed by Presidential proclamation or by law. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 89–538, Sec. 1(1), Aug. 14, 1966, 80 Stat. 347; 

Pub. L. 90–122, Sec. 1, Nov. 3, 1967, 81 Stat. 361; Pub. L. 91–200, Feb. 26, 1970, 84 Stat. 16; 

Pub. L. 98–525, title XIV, Sec. 1405(20), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, 

title XIII, Sec. 1343(a)(3), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 102–25, title III, Sec. 310, Apr. 

6, 1991, 105 Stat. 84; Pub. L. 102–190, div. A, title VI, Sec. 639, Dec. 5, 1991, 105 Stat. 1384.) 

§ 1036. Escorts for dependents of members: transportation 

and travel allowances 

Under regulations to be prescribed by the Secretary concerned, 

round trip transportation and travel allowances may be paid to any 

person for travel performed or to be performed under competent orders as an escort for dependents of a member of the armed forces, 

if the travel is performed not later than one year after the member— 

(1) dies; 

(2) is missing; or 

(3) is otherwise unable to accompany his dependents; 

and it has been determined that travel by the dependents is necessary and that they are incapable of traveling alone because of 

age, mental or physical incapacity, or other extraordinary circumstances. Such allowances may be paid in advance. 

(Added Pub. L. 86–160, Sec. 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, 

Sec. 913(a), Sept. 24, 1983, 97 Stat. 640.) 

§ 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail 

(a) Under regulations to be prescribed by him, the Secretary 

concerned may employ counsel, and pay counsel fees, court costs, 

bail, and other expenses incident to the representation, before the 

judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and 

of persons not subject to the Uniform Code of Military Justice who 

are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the 

United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall 

be uniform for all armed forces. 

(b) The person on whose behalf a payment is made under this 

section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under 

subsection (a). 

(c) Appropriations available to the military department concerned or the Department of Homeland Security, as the case may 

be, for the pay of persons under its jurisdiction may be used to 

carry out this section. 

(Added Pub. L. 85–861, Sec. 1(24)(A), Sept. 2, 1958, 72 Stat. 1445; amended Pub. L. 96–513, 

title I, Sec. 511(31), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 99–145, title VI, Sec. 681(a), Nov. 

8, 1985, 99 Stat. 665; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 
§ 1038 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 518 

§ 1038. Service credit: certain service in Women’s Army Auxiliary Corps 

In computing years of active service of any female member of 

the armed forces, there shall be credited for all purposes, except 

the right to promotion, in addition to any other service that may 

be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if 

that member performed active service in the armed forces after 

September 29, 1943. Service as an officer in the Women’s Army 

Auxiliary Corps shall be credited as active service in the status of 

a commissioned officer, and service as an enrolled member of the 

Corps shall be credited as active service in the status of an enlisted 

member. 

(Added Pub. L. 86–142, Sec. 1(1), Aug. 7, 1959, 73 Stat. 289.) 

§ 1039. Crediting of minority service 

For the purpose of determining eligibility for retirement or 

transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to retired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any 

service which would be creditable but for the fact that it was performed by him under an enlistment or induction entered into before he attained the age prescribed by law for that enlistment or 

induction, shall be credited. 

(Added Pub. L. 87–165, Sec. 1(1), Aug. 25, 1961, 75 Stat. 401.) 

§ 1040. Transportation of dependent patients 

(a) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active 

duty for a period of more than 30 days requires medical attention 

which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is 

available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility 

involved, the dependent may be transported at the expense of the 

United States to the duty station of the member or to such other 

place determined to be appropriate under the circumstances. If a 

dependent is unable to travel unattended, round-trip transportation and travel expenses may be furnished necessary attendants. 

In addition to transportation of a dependent at the expense of the 

United States authorized under this subsection, reasonable travel 

expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel 

expenses authorized by this section may include reimbursement for 

necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this 

section may be paid in advance. 

(b) This section does not authorize transportation and travel 

expenses for a dependent for elective surgery which is determined 

to be not medically indicated by a medical authority designated 

under joint regulations to be prescribed under this section. 
519 § 1044 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(c) In this section, the term ‘‘dependent’’ has the meaning given 

that term in section 1072 of this title. 

(d) Transportation and travel expenses authorized by this section shall be furnished in accordance with joint regulations to be 

prescribed by the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health and 

Human Services, which shall require the use of transportation facilities of the United States insofar as practicable. 

(Added Pub. L. 89–140, Sec. 1(1), Aug. 28, 1965, 79 Stat. 579; amended Pub. L. 96–513, title 

V, Sec. 511(32), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–94, title IX, Sec. 913(b), Sept. 24, 1983, 

97 Stat. 640; Pub. L. 98–525, title VI, Sec. 611, title XIV, Sec. 1405(21), Oct. 19, 1984, 98 Stat. 

2538, 2623; Pub. L. 99–348, title III, Sec. 304(a)(2), July 1, 1986, 100 Stat. 703; Pub. L. 99– 

661, div. A, title VI, Sec. 616(a), Nov. 14, 1986, 100 Stat. 3880.) 

§ 1041. Replacement of certificate of discharge 

If satisfactory proof is presented that a person who was discharged honorably or under honorable conditions has lost his certificate of discharge from an armed force or that it was destroyed 

without his procurement or connivance, the Secretary concerned 

may give that person, or his surviving spouse, a certificate of that 

discharge, indelibly marked to show that it is a certificate in place 

of the lost or destroyed certificate. A certificate given under this 

section may not be accepted as a voucher for the payment of a 

claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. 

(Added Pub. L. 90–235, Sec. 7(a)(2)(A), Jan. 2, 1968, 81 Stat. 762, Sec. 1040; renumbered Sec. 

1041, Pub. L. 96–513, title V, Sec. 511(33)(A), Dec. 12, 1980, 94 Stat. 2922.) 

§ 1042. Copy of certificate of service 

A fee for a copy of a certificate showing service in the armed 

forces may not be charged to— 

(1) a person discharged or released from the armed forces 

honorably or under honorable conditions; 

(2) the next of kin of the person; or 

(3) a legal representative of the person. 

(Added Pub. L. 97–258, Sec. 2(b)(2)(B), Sept. 13, 1982, 96 Stat. 1052.) 

§ 1043. Service credit: service in the National Oceanic and 

Atmospheric Administration or the Public Health 

Service 

Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be 

credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the 

retired pay of a member of the armed forces. 

(Added Pub. L. 98–94, title X, Sec. 1007(b)(1), Sept. 24, 1983, 97 Stat. 662.) 

§ 1044. Legal assistance 

(a) Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with 

their personal civil legal affairs to the following persons: 

(1) Members of the armed forces who are on active duty. 

(2) Members and former members entitled to retired or retainer pay or equivalent pay. 
§ 1044 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 520 

(3) Officers of the commissioned corps of the Public Health 

Service who are on active duty or entitled to retired or equivalent pay. 

(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call 

or order to active duty for more than 30 days issued under a 

mobilization authority (as determined by the Secretary), for a 

period of time (prescribed by the Secretary) that begins on the 

date of the release and is not less than twice the length of the 

period served on active duty under that call or order to active 

duty. 

(5) Dependents of members and former members described 

in paragraphs (1), (2), (3), and (4). 

(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents 

of the member or former member at the time of the death of 

the member or former member, except that the eligibility of 

such survivors shall be determined pursuant to regulations 

prescribed by the Secretary concerned. 

(7) Civilian employees of the Federal Government serving 

in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the 

eligibility of civilian employees shall be determined pursuant 

to regulations prescribed by the Secretary concerned. 

(b) Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary is 

responsible for the establishment and supervision of legal assistance programs under this section. 

(c) This section does not authorize legal counsel to be provided 

to represent a member or former member of the uniformed services 

described in subsection (a), or the dependent of such a member or 

former member, in a legal proceeding if the member or former 

member can afford legal fees for such representation without 

undue hardship. 

(d)(1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to 

provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be 

prescribed by the Secretary concerned. 

(2) Military legal assistance may be provided only by a judge 

advocate or a civilian attorney who is a member of the bar of a 

Federal court or of the highest court of a State. 

(3) In this subsection, the term ‘‘military legal assistance’’ includes— 

(A) legal assistance provided under this section; and 

(B) legal assistance contemplated by sections 1044a, 

1044b, 1044c, and 1044d of this title. 

(e) The Secretary concerned shall define ‘‘dependent’’ for the 

purposes of this section. 

(Added Pub. L. 98–525, title VI, Sec. 651(a), Oct. 19, 1984, 98 Stat. 2549; amended Pub. L. 104– 

201, div. A, title V, Sec. 583, Sept. 23, 1996, 110 Stat. 2538; Pub. L. 106–398, Sec. 1 [[div. A], 

title V, Sec. 524(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–108; Pub. L. 109–163, div. A, title 

V, Sec. 555, Jan. 6, 2006, 119 Stat. 3265; Pub. L. 110–181, div. A, title V, Sec. 541, Jan. 28, 

2008, 122 Stat. 114; Pub. L. 111–84, div. A, title V, Sec. 513, Oct. 28, 2009, 123 Stat. 2282.) 
521 § 1044b CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

§ 1044a. Authority to act as notary 

(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the 

performance of all notarial acts to be executed by any of the following: 

(1) Members of any of the armed forces. 

(2) Other persons eligible for legal assistance under the 

provisions of section 1044 of this title or regulations of the Department of Defense. 

(3) Persons serving with, employed by, or accompanying 

the armed forces outside the United States and outside the 

Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 

(4) Other persons subject to the Uniform Code of Military 

Justice (chapter 47 of this title) outside the United States. 

(b) Persons with the powers described in subsection (a) are the 

following: 

(1) All judge advocates, including reserve judge advocates 

when not in a duty status. 

(2) All civilian attorneys serving as legal assistance attorneys. 

(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status. 

(4) All other members of the armed forces, including reserve members when not in a duty status, who are designated 

by regulations of the armed forces or by statute to have those 

powers. 

(5) For the performance of notarial acts at locations outside the United States, all employees of a military department 

or the Coast Guard who are designated by regulations of the 

Secretary concerned or by statute to have those powers for exercise outside the United States. 

(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. 

(d) The signature of any such person acting as notary, together 

with the title of that person’s offices, is prima facie evidence that 

the signature is genuine, that the person holds the designated title, 

and that the person is authorized to perform a notarial act. 

(Added Pub. L. 101–510, div. A, title V, Sec. 551(a)(1), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 

104–201, div. A, title V, Sec. 573, Sept. 23, 1996, 110 Stat. 2534; Pub. L. 107–107, div. A, title 

XI, Sec. 1103, Dec. 28, 2001, 115 Stat. 1236.) 

§ 1044b. Military powers of attorney: requirement for recognition by States 

(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.—A military power of attorney— 

(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney 

under the laws of a State; and 

(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the 

State concerned. 

(b) MILITARY POWER OF ATTORNEY.—For purposes of this section, a military power of attorney is any general or special power 
§ 1044c CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 522 

of attorney that is notarized in accordance with section 1044a of 

this title or other applicable State or Federal law. 

(c) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed by the Secretary concerned, each military power of attorney 

shall contain a statement that sets forth the provisions of subsection (a). 

(2) Paragraph (1) shall not be construed to make inapplicable 

the provisions of subsection (a) to a military power of attorney that 

does not include a statement described in that paragraph. 

(d) STATE DEFINED.—In this section, the term ‘‘State’’ includes 

the District of Columbia, the Commonwealth of Puerto Rico, and a 

possession of the United States. 

(Added Pub. L. 103–160, div. A, title V, Sec. 574(a), Nov. 30, 1993, 107 Stat. 1674.) 

§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States 

(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.—An advance medical directive executed by a 

person eligible for legal assistance— 

(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and 

(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the 

laws of the State concerned. 

(b) ADVANCE MEDICAL DIRECTIVES.—For purposes of this section, an advance medical directive is any written declaration that— 

(1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including 

hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent 

vegetative state; or 

(2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions. 

(c) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed by the Secretary concerned, an advance medical directive 

prepared by an attorney authorized to provide legal assistance 

shall contain a statement that sets forth the provisions of subsection (a). 

(2) Paragraph (1) shall not be construed to make inapplicable 

the provisions of subsection (a) to an advance medical directive 

that does not include a statement described in that paragraph. 

(d) STATES NOT RECOGNIZING ADVANCE MEDICAL DIRECTIVES.—Subsection (a) does not make an advance medical directive 

enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, and a possession of the United 

States. 
523 § 1044d CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(2) The term ‘‘person eligible for legal assistance’’ means a 

person who is eligible for legal assistance under section 1044 

of this title. 

(3) The term ‘‘legal assistance’’ means legal services authorized under section 1044 of this title. 

(Added Pub. L. 104–106, div. A, title VII, Sec. 749(a)(1), Feb. 10, 1996, 110 Stat. 388.) 

§ 1044d. Military testamentary instruments: requirement for 

recognition by States 

(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN LEGAL EFFECT.—A military testamentary instrument— 

(1) is exempt from any requirement of form, formality, or 

recording before probate that is provided for testamentary instruments under the laws of a State; and 

(2) has the same legal effect as a testamentary instrument 

prepared and executed in accordance with the laws of the State 

in which it is presented for probate. 

(b) MILITARY TESTAMENTARY INSTRUMENTS.—For purposes of 

this section, a military testamentary instrument is an instrument 

that is prepared with testamentary intent in accordance with regulations prescribed under this section and that— 

(1) is executed in accordance with subsection (c) by (or on 

behalf of) a person, as a testator, who is eligible for military 

legal assistance; 

(2) makes a disposition of property of the testator; and 

(3) takes effect upon the death of the testator. 

(c) REQUIREMENTS FOR EXECUTION OF MILITARY TESTAMENTARY

INSTRUMENTS.—An instrument is valid as a military testamentary 

instrument only if— 

(1) the instrument is executed by the testator (or, if the 

testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, 

and on behalf of the testator); 

(2) the instrument is executed in the presence of a military 

legal assistance counsel acting as presiding attorney; 

(3) the instrument is executed in the presence of at least 

two disinterested witnesses (in addition to the presiding attorney), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and 

(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section. 

(d) SELF-PROVING MILITARY TESTAMENTARY INSTRUMENTS.—(1) 

If the document setting forth a military testamentary instrument 

meets the requirements of paragraph (2), then the signature of a 

person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person’s status as such and the person’s military grade 

(if any) or other title, is prima facie evidence of the following: 

(A) That the signature is genuine. 

(B) That the signatory had the represented status and title 

at the time of the execution of the will. 
§ 1045 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 524 

(C) That the signature was executed in compliance with 

the procedures required under the regulations prescribed 

under subsection (f). 

(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or 

has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following: 

(A) A certificate, executed by the testator, that includes 

the testator’s acknowledgment of the testamentary instrument. 

(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under 

which the testamentary instrument was executed. 

(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is 

signed by the notary or other official administering the oath. 

(e) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed under this section, each military testamentary instrument 

shall contain a statement that sets forth the provisions of subsection (a). 

(2) Paragraph (1) shall not be construed to make inapplicable 

the provisions of subsection (a) to a testamentary instrument that 

does not include a statement described in that paragraph. 

(f) REGULATIONS.—Regulations for the purposes of this section 

shall be prescribed jointly by the Secretary of Defense and by the 

Secretary of Homeland Security with respect to the Coast Guard 

when it is not operating as a service in the Department of the 

Navy. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘person eligible for military legal assistance’’ 

means a person who is eligible for legal assistance under section 1044 of this title. 

(2) The term ‘‘military legal assistance counsel’’ means— 

(A) a judge advocate (as defined in section 801(13) of 

this title); or 

(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title. 

(3) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the 

Northern Mariana Islands, and each possession of the United 

States. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 551(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–123; amended Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 

2314.) 

§ 1045. Voluntary withholding of State income tax from retired or retainer pay 

(a) The Secretary concerned shall enter into an agreement 

under this section with any State within 120 days of a request for 

agreement from the proper State official. The agreement shall provide that the Secretary concerned shall withhold State income tax 

from the monthly retired or retainer pay of any member or former 

member entitled to such pay who voluntarily requests such withholding in writing. The amounts withheld during any calendar 
525 § 1046 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

month shall be retained by the Secretary concerned and disbursed 

to the States during the following calendar month. 

(b) A member or former member may request that the State 

designated for withholding be changed and that the withholdings 

be remitted in accordance with such change. A member or former 

member also may revoke any request of such member or former 

member for withholding. Any request for a change in the State designated and any revocation is effective on the first day of the 

month after the month in which the request or revocation is processed by the Secretary concerned, but in no event later than on the 

first day of the second month beginning after the day on which the 

request or revocation is received by the Secretary concerned. 

(c) A member or former member may have in effect at any time 

only one request for withholding under this section and may not 

have more than two such requests in effect during any one calendar year. 

(d)(1) This section does not give the consent of the United 

States to the application of a statute that imposes more burdensome requirements on the United States than on employers generally or that subjects the United States or any member or former 

member entitled to retired or retainer pay to a penalty or liability 

because of this section. 

(2) The Secretary concerned may not accept pay from a State 

for services performed in withholding State income taxes from retired or retainer pay. 

(3) Any amount erroneously withheld from retired or retainer 

pay and paid to a State by the Secretary concerned shall be repaid 

by the State in accordance with regulations prescribed by the Secretary concerned. 

(e) In this section: 

(1) The term ‘‘State’’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory 

or possession of the United States. 

(2) The term ‘‘Secretary concerned’’ includes the Secretary 

of Health and Human Services with respect to the commissioned corps of the Public Health Service and the Secretary of 

Commerce with respect to the commissioned corps of the National Oceanic and Atmospheric Administration. 

(Added Pub. L. 98–525, title VI, Sec. 654(a), Oct. 19, 1984, 98 Stat. 2551; amended Pub. L. 100– 

26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 109–163, div. A, title VI, Sec. 661, Jan. 

6, 2006, 119 Stat. 3314.) 

§ 1046. Overseas temporary foster care program 

(a) PROGRAM AUTHORIZED.—The Secretary concerned may establish a program to provide temporary foster care services outside 

the United States for children accompanying members of the armed 

forces on duty at stations outside the United States. The foster care 

services provided under such a program shall be similar to those 

services provided by State and local governments in the United 

States. 

(b) EXPENSES.—Under regulations prescribed by the Secretary 

concerned, the expenses related to providing foster care services 

under subsection (a) may be paid from appropriated funds available to the Secretary. 
§ 1047 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 526 

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

§ 1047. Allowance for civilian clothing 

(a) MEMBERS TRAVELING IN CONNECTION WITH MEDICAL EVACUATION.—The Secretary of the military department concerned may 

furnish civilian clothing and luggage to a member at a cost not to 

exceed $250, or reimburse a member for the purchase of civilian 

clothing and luggage in an amount not to exceed $250, in the case 

of a member who— 

(1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated 

while on active duty; or 

(2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary. 

(b) CERTAIN ENLISTED MEMBERS.—The Secretary of the military department concerned may furnish civilian clothing, at a cost 

of not more than $40, to an enlisted member who is— 

(1) discharged for misconduct or unsuitability or under 

conditions other than honorable; 

(2) sentenced by a civil court to confinement in a prison; 

(3) interned or discharged as an alien enemy; or 

(4) discharged before completion of recruit training under 

honorable conditions for dependency, hardship, minority, or 

disability or for the convenience of the Government. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. 

L. 108–375, div. A, title V, Sec. 584(a), Oct. 28, 2004, 118 Stat. 1929; Pub. L. 110–181, div. A, 

title VI, Sec. 634, Jan. 28, 2008, 122 Stat. 155.) 

§ 1048. Gratuity payment to persons discharged for fraudulent enlistment 

The Secretary concerned may pay a gratuity of not to exceed 

$25 to a person discharged for fraudulent enlistment. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616.) 

§ 1049. Subsistence: miscellaneous persons 

The following persons may be provided subsistence at the expense of the United States: 

(1) Enlisted members while sick in hospitals. 

(2) Applicants for enlistment and selective service registrants called for induction. 

(3) Prisoners. 

(4) Civilian employees, as authorized by law. 

(5) Supernumeraries, when necessitated by emergent military circumstances. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616.) 

§ 1050. Latin American cooperation: payment of personnel 

expenses 

The Secretary of Defense or the Secretary of a military department may pay the travel, subsistence, and special compensation of 

officers and students of Latin American countries and other expenses that the Secretary considers necessary for Latin American 

cooperation. 
527 § 1051 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(Added Pub. L. 98–525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616; amended Pub. 

L. 105–261, div. A, title IX, Sec. 905(b), Oct. 17, 1998, 112 Stat. 2093.) 

§ 1050a. African cooperation: payment of personnel expenses 

The Secretary of Defense or the Secretary of a military department may pay the travel, subsistence, and special compensation of 

officers and students of African countries and other expenses that 

the Secretary considers necessary for African cooperation. 

(Added Pub. L. 111–383, div. A, title XII, Sec. 1204(a), Jan. 7, 2011, 124 Stat. 4386.) 

§ 1051. Multilateral, bilateral, or regional cooperation programs: payment of personnel expenses 

(a) The Secretary of Defense may pay the travel, subsistence, 

and similar personal expenses of defense personnel of developing 

countries in connection with the attendance of such personnel at a 

multilateral, bilateral, or regional conference, seminar, or similar 

meeting if the Secretary determines that the attendance of such 

personnel at such conference, seminar, or similar meeting is in the 

national security interests of the United States. 

(b)(1) Except as provided in paragraphs (2) and (3), expenses 

authorized to be paid under subsection (a) may be paid on behalf 

of personnel from a developing country only in connection with 

travel to, from, and within the area of responsibility of the unified 

combatant command (as such term is defined in section 161(c) of 

this title) in which the multilateral, bilateral, or regional conference, seminar, or similar meeting for which expenses are authorized is located or in connection with travel to Canada or Mexico. 

(2) In a case in which the headquarters of a unified combatant 

command is located within the United States, expenses authorized 

to be paid under subsection (a) may be paid in connection with 

travel of personnel to the United States to attend a multilateral, 

bilateral, or regional conference, seminar, or similar meeting. 

(3) In the case of defense personnel of a developing country 

that is not a member of the North Atlantic Treaty Organization 

and that is participating in the Partnership for Peace program of 

the North Atlantic Treaty Organization (NATO), expenses authorized to be paid under subsection (a) may be paid in connection with 

travel of personnel to the territory of any of the countries participating in the Partnership for Peace program or the territory of any 

NATO member country. 

(4) Expenses authorized to be paid under subsection (a) may 

not, in the case of any individual, exceed the amount that would 

be paid under chapter 7 of title 37 to a member of the armed forces 

of the United States (of a comparable grade) for authorized travel 

of a similar nature. 

(c) In addition to the expenses authorized to be paid under subsection (a), the Secretary of Defense may pay such other expenses 

in connection with any such conference, seminar, or similar meeting as the Secretary considers in the national security interests of 

the United States. 

(d) The authority to pay expenses under this section is in addition to the authority to pay certain expenses and compensation of 
§ 1051a CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 528 

officers and students of Latin American countries under section 

1050 of this title. 

(e) Funds available to carry out this section shall be available, 

to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the 

following fiscal year. 

(Added Pub. L. 99–661, div. A, title XIII, Sec. 1322(a), Nov. 14, 1986, 100 Stat. 3989; amended 

Pub. L. 101–189, div. A, title IX, Sec. 936, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–510, div. 

A, title XIII, Sec. 1301(5), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–484, div. A, title XIII, Sec. 

1362, Oct. 23, 1992, 106 Stat. 2560; Pub. L. 107–314, div. A, title XII, Sec. 1202(a), Dec. 2, 2002, 

116 Stat. 2663; Pub. L. 109–163, div. A, title XII, Sec. 1203, Jan. 6, 2006, 119 Stat. 3456; Pub. 

L. 110–417, [div. A], title XII, Sec. 1231(a), (b)(1), (c)(1), Oct. 14, 2008, 122 Stat. 4636, 4637.) 

§ 1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, 

medical care, and other personal expenses 

(a) AUTHORITY.—The Secretary of Defense may provide administrative services and support for the performance of duties by a liaison officer of another nation involved in a military operation with 

the United States while the liaison officer is assigned temporarily 

as follows: 

(1) To the headquarters of a combatant command, component command, or subordinate operational command of the 

United States in connection with the planning for, or conduct 

of, a military operation. 

(2) To the headquarters of the combatant command assigned by the Secretary of Defense the mission of joint 

warfighting experimentation and joint forces training. 

(b) TRAVEL, SUBSISTENCE, AND MEDICAL CARE EXPENSES.—(1) 

The Secretary may pay the expenses specified in paragraph (2) of 

a liaison officer of a developing country in connection with the assignment of that officer to the headquarters of a combatant command as described in subsection (a), if the assignment is requested 

by the commander of the combatant command. 

(2) Expenses of a liaison officer that may be paid under paragraph (1) in connection with an assignment described in that paragraph are the following: 

(A) Travel and subsistence expenses. 

(B) Personal expenses directly necessary to carry out the 

duties of that officer in connection with that assignment. 

(C) Expenses for medical care at a civilian medical facility 

if— 

(i) adequate medical care is not available to the liaison 

officer at a local military medical treatment facility; 

(ii) the Secretary determines that payment of such 

medical expenses is necessary and in the best interests of 

the United States; and 

(iii) medical care is not otherwise available to the liaison officer pursuant to any treaty or other international 

agreement. 

(3) The Secretary may pay the mission-related travel expenses 

of a liaison officer described in subsection (a) if such travel is in 

support of the national interests of the United States and the commander of the headquarters to which the liaison officer is tempo-
529 § 1052 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

rarily assigned directs round-trip travel from the assigned headquarters to one or more locations. 

(c) REIMBURSEMENT.—To the extent that the Secretary determines appropriate, the Secretary may provide the services and support authorized by subsection (a) and the expenses authorized by 

subsection (b) with or without reimbursement from (or on behalf of) 

the recipients. 

(d) DEFINITION.—In this section, the term ‘‘administrative services and support’’ includes base or installation support services, office space, utilities, copying services, fire and police protection, and 

computer support. 

(Added Pub. L. 107–314, div. A, title XII, Sec. 1201(a)(1), Dec. 2, 2002, 116 Stat. 2662; amended 

Pub. L. 109–13, div. A, title I, Sec. 1010, May 11, 2005, 119 Stat. 244; Pub. L. 109–163, div. 

A, title XII, Sec. 1205, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–181, div. A, title XII, Sec. 

1203(a)–(e)(1), Jan. 28, 2008, 122 Stat. 364, 365; Pub. L. 111–84, div. A, title XII, Sec. 1205(a), 

Oct. 28, 2009, 123 Stat. 2514.) 

§ 1051b. Bilateral or regional cooperation programs: awards 

and mementos to recognize superior noncombat 

achievements or performance 

(a) GENERAL AUTHORITY.—The Secretary of Defense may 

present awards and mementos purchased with funds appropriated 

for operation and maintenance of the armed forces to recognize superior noncombat achievements or performance by members of 

friendly foreign forces and other foreign nationals that significantly 

enhance or support the National Security Strategy of the United 

States. 

(b) ACTIVITIES THAT MAY BE RECOGNIZED.—Activities that may 

be recognized under subsection (a) include superior achievement or 

performance that— 

(1) plays a crucial role in shaping the international security environment in ways that protect and promote United 

States interests; 

(2) supports or enhances United States overseas presence 

and peacetime engagement activities, including defense cooperation initiatives, security assistance training and programs, and training and exercises with the armed forces; 

(3) helps to deter aggression and coercion, build coalitions, 

and promote regional stability; or 

(4) serves as a role model for appropriate conduct by military forces in emerging democracies. 

(c) LIMITATION.—Expenditures for the purchase or production 

of mementos for award under this section may not exceed the minimal value in effect under section 7342(a)(5) of title 5. 

(Added Pub. L. 108–136, div. A, title XII, Sec. 1222(a), Nov. 24, 2003, 117 Stat. 1652.) 

§ 1052. Adoption expenses: reimbursement 

(a) AUTHORIZATION TO REIMBURSE.—The Secretary of Defense 

shall carry out a program under which a member of the armed 

forces may be reimbursed, as provided in this section, for qualifying 

adoption expenses incurred by the member in the adoption of a 

child under 18 years of age. 

(b) ADOPTIONS COVERED.—An adoption for which expenses may 

be reimbursed under this section includes an adoption by a single 

person, an infant adoption, an intercountry adoption, and an adop-
§ 1052 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 530 

tion of a child with special needs (as defined in section 473(c) of 

the Social Security Act (42 U.S.C. 673(c))). 

(c) BENEFITS PAID AFTER ADOPTION IS FINAL.—Benefits paid 

under this section in the case of an adoption may be paid only after 

the adoption is final. 

(d) TREATMENT OF OTHER BENEFITS.—A benefit may not be 

paid under this section for any expense paid to or for a member 

of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program 

administered by a State or local government. 

(e) LIMITATIONS.—(1) Not more than $2,000 may be paid under 

this section to a member of the armed forces, or to two such members who are spouses of each other, for expenses incurred in the 

adoption of a child. 

(2) Not more than $5,000 may be paid under this section to a 

member of the armed forces, or to two such members who are 

spouses of each other, for adoptions by such member (or members) 

in any calendar year. 

(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘qualifying adoption expenses’’ means reasonable and necessary expenses that are directly related to the 

legal adoption of a child under 18 years of age, but only if such 

adoption is arranged by a qualified adoption agency or other 

source authorized to place children for adoption under State or 

local law. Such term does not include any expense incurred— 

(A) by an adopting parent for travel; or 

(B) in connection with an adoption arranged in violation of Federal, State, or local law. 

(2) The term ‘‘reasonable and necessary expenses’’ includes— 

(A) public and private agency fees, including adoption 

fees charged by an agency in a foreign country; 

(B) placement fees, including fees charged adoptive 

parents for counseling; 

(C) legal fees (including court costs) in connection with 

services that are unavailable to a member of the armed 

forces under section 1044 or 1044a of this title; and 

(D) medical expenses, including hospital expenses of 

the biological mother of the child to be adopted and of a 

newborn infant to be adopted. 

(3) The term ‘‘qualified adoption agency’’ means any of the 

following: 

(A) A State or local government agency which has responsibility under State or local law for child placement 

through adoption. 

(B) A nonprofit, voluntary adoption agency which is 

authorized by State or local law to place children for adoption. 

(C) Any other source authorized by a State to provide 

adoption placement if the adoption is supervised by a court 

under State or local law. 
531 § 1053a CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(D) A foreign government or an agency authorized by 

a foreign government to place children for adoption, in any 

case in which— 

(i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or 

(ii) a certificate of citizenship has been issued for 

such child under section 322 of that Act (8 U.S.C. 

1433). 

(Added Pub. L. 102–190, div. A, title VI, Sec. 651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, 

div. A, title VI, Sec. 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, Sec. 1 [[div. A], 

title V, Sec. 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title 

VI, Sec. 661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, Sec. 592(a), Jan. 

6, 2006, 119 Stat. 3280.) 

§ 1053. Financial institution charges incurred because of 

Government error in direct deposit of pay: reimbursement 

(a)(1) A member of the armed forces (or a former member of 

the armed forces entitled to retired pay under chapter 1223 of this 

title) who, in accordance with law or regulation, participates in a 

program for the automatic deposit of pay to a financial institution 

may be reimbursed by the Secretary concerned for a covered latedeposit charge. 

(2) A covered late-deposit charge for purposes of paragraph (1) 

is a charge (including an overdraft charge or a minimum balance 

or average balance charge) that is levied by a financial institution 

and that results from an administrative or mechanical error on the 

part of the Government that causes the pay of the person concerned to be deposited late or in an incorrect manner or amount. 

(b) Reimbursements under this section shall be made from appropriations available for the pay and allowances of members of 

the armed force concerned. 

(c) The Secretaries concerned shall prescribe regulations to 

carry out this section, including regulations for the manner in 

which reimbursement under this section is to be made. 

(d) In this section: 

(1) The term ‘‘financial institution’’ means a bank, savings 

and loan association, or similar institution or a credit union 

chartered by the United States or a State. 

(2) The term ‘‘pay’’ includes (A) retired pay, and (B) allowances. 

(Added Pub. L. 99–661, div. A, title VI, Sec. 662(a)(1), Nov. 14, 1986, 100 Stat. 3893; amended 

Pub. L. 101–189, div. A, title VI, Sec. 664(a)(1)–(3)(A), Nov. 29, 1989, 103 Stat. 1466; Pub. L. 

102–25, title VII, Sec. 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 104–106, div. A, title 

XV, Sec. 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title V, Sec. 564(a), 

Oct. 17, 1998, 112 Stat. 2029; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 579(c)(2)], Oct. 30, 

2000, 114 Stat. 1654, 1654A–141.) 

§ 1053a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement 

(a) AUTHORIZATION TO REIMBURSE.—The Secretary concerned 

may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent 

not otherwise reimbursable under law) incurred by the member as 
§ 1054 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 532 

a result of the cancellation of previously approved leave when the 

leave is canceled in connection with the member’s participation in 

a contingency operation and the cancellation occurs within 48 

hours of the time the leave would have commenced. 

(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to establish the criteria for the applicability of subsection (a). 

(c) CONCLUSIVENESS OF SETTLEMENT.—The settlement of an 

application for reimbursement under subsection (a) is final and 

conclusive. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 579(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–141.) 

§ 1054. Defense of certain suits arising out of legal malpractice 

(a) The remedy against the United States provided by sections 

1346(b) and 2672 of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any person who is an attorney, paralegal, or other member of a legal staff 

within the Department of Defense (including the National Guard 

while engaged in training or duty under section 316, 502, 503, 504, 

or 505 of title 32) or within the Coast Guard, in connection with 

providing legal services while acting within the scope of the person’s duties or employment, is exclusive of any other civil action or 

proceeding by reason of the same subject matter against the person 

(or the estate of the person) whose act or omission gave rise to such 

action or proceeding. 

(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such injury. Any 

person against whom such a civil action or proceeding is brought 

shall deliver, within such time after date of service or knowledge 

of service as determined by the Attorney General, all process 

served upon such person (or an attested true copy thereof) to such 

person’s immediate superior or to whomever was designated by the 

head of the agency concerned to receive such papers. Such person 

shall promptly furnish copies of the pleading and process therein— 

(1) to the United States attorney for the district embracing 

the place wherein the action or proceeding is brought; 

(2) to the Attorney General; and 

(3) to the head of the agency concerned. 

(c) Upon a certification by the Attorney General that a person 

described in subsection (a) was acting in the scope of such person’s 

duties or employment at the time of the incident out of which the 

suit arose, any such civil action or proceeding commenced in a 

State court— 

(1) shall be removed without bond at any time before trial 

by the Attorney General to the district court of the United 

States of the district and division embracing the place wherein 

it is pending; and 

(2) shall be deemed a tort action brought against the 

United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial 
533 § 1055 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to 

the State court. 

(d) The Attorney General may compromise or settle any claim 

asserted in such civil action or proceeding in the manner provided 

in section 2677 of title 28, and with the same effect. 

(e) For purposes of this section, the provisions of section 

2680(h) of title 28 shall not apply to a cause of action arising out 

of a negligent or wrongful act or omission in the provision of legal 

assistance. 

(f) The head of the agency concerned may hold harmless or 

provide liability insurance for any person described in subsection 

(a) for damages for injury or loss of property caused by such person’s negligent or wrongful act or omission in the provision of authorized legal assistance while acting within the scope of such person’s duties if such person is assigned to a foreign country or detailed for service with an entity other than a Federal department, 

agency, or instrumentality or if the circumstances are such as are 

likely to preclude the remedies of third persons against the United 

States described in section 1346(b) of title 28, for such damage or 

injury. 

(g) In this section, the term ‘‘head of the agency concerned’’ 

means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department in which the Coast Guard 

is operating, as appropriate. 

(Added Pub. L. 99–661, div. A, title XIII, Sec. 1356(a)(1), Nov. 14, 1986, 100 Stat. 3996; amended Pub. L. 100–448, Sec. 15(a), Sept. 28, 1988, 102 Stat. 1845.) 

§ 1055. Waiver of security deposits for members renting private housing; authority to indemnify landlord 

(a) The Secretary of Defense may carry out a program under 

which the Secretary of a military department agrees to indemnify 

a landlord who leases a rental unit to a member of the armed 

forces against a breach of the lease by the member or for damage 

to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the landlord shall 

be required to waive any requirement for payment by the member 

of a security deposit that the landlord would otherwise require. 

(b)(1) For purposes of carrying out a program authorized by 

subsection (a), the Secretary of a military department, to the extent 

funds are provided in advance in appropriation Acts, may enter 

into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a 

rental unit to a member of the armed forces under the jurisdiction 

of the Secretary. An agreement under this paragraph shall provide 

that— 

(A) the term of the agreement shall remain in effect during 

the term of the member’s lease and during any lease renewal 

periods with the lessor; 

(B) the member shall not pay a security deposit; 

(C) the Secretary (except as provided in subparagraphs (D) 

and (E)) shall compensate the landlord for breach of the lease 
§ 1056 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 534 

by the member and for damage to the rental unit caused by 

the member or by a guest or dependent of the member; 

(D) the total liability of the Secretary for a breach of the 

lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary determines would have been required by the landlord as a security 

deposit in the absence of an agreement authorized in this paragraph; 

(E) the Secretary may not compensate the landlord for any 

claim for breach of the lease or for damage described in subparagraph (C) until the landlord exhausts any remedies available to the landlord (including submission to binding arbitration by a panel composed of military personnel and persons 

from the private sector) against the member for the breach or 

damage; and 

(F) the Secretary shall be subrogated to the rights of the 

landlord in any case in which the Secretary compensates the 

landlord for breach of the lease or for damage described in subparagraph (C). 

(2) Any authority of the Secretary of a military department 

under this section shall be exercised under regulations prescribed 

by the Secretary of Defense. 

(c)(1) The Secretary of a military department who compensates 

a landlord under subsection (b) for a breach of a lease or for damage described in subsection (b)(1)(C) may issue a special order 

under section 1007 of title 37 to authorize the withholding from the 

pay of the member of an amount equal to the amount paid by the 

Secretary to the landlord as compensation for the breach or damage. 

(2) Before the Secretary of a military department issues a special order under section 1007 of title 37 to authorize the withholding of any amount from the pay of a member for a breach or 

damage referred to in paragraph (1), the Secretary concerned shall 

provide the member with the same notice and opportunity for hearing and record inspection as provided an individual under section 

5514(a)(2) of title 5. The Secretary concerned shall prescribe regulations, subject to the approval of the President, to carry out this 

paragraph. Such regulations shall be as uniform for the military 

departments as practicable. 

(d) In this section, the term ‘‘landlord’’ means a person who 

leases a rental unit to a member of the armed forces. 

(Added Pub. L. 100–456, div. A, title VI, Sec. 621(a)(1), Sept. 29, 1988, 102 Stat. 1982.) 

§ 1056. Relocation assistance programs 

(a) REQUIREMENT TO PROVIDE ASSISTANCE.—The Secretary of 

Defense shall carry out a program to provide relocation assistance 

to members of the armed forces and their families as provided in 

this section. In addition, the Secretary of Defense shall make every 

effort, consistent with readiness objectives, to stabilize and lengthen tours of duty to minimize the adverse effects of relocation. 

(b) TYPES OF ASSISTANCE.—(1) The Secretary of each military 

department, under regulations prescribed by the Secretary of Defense, shall provide relocation assistance, through military relocation assistance programs described in subsection (c), to members of 
535 § 1056 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

the armed forces who are ordered to make a change of permanent 

station which includes a move to a new location (and for dependents of such members who are authorized to move in connection 

with the change of permanent station). 

(2) The relocation assistance provided shall include the following: 

(A) Provision of destination area information and preparation (to be provided before the change of permanent station 

takes effect), with emphasis on information with regard to 

moving costs, housing costs and availability, child care, spouse 

employment opportunities, cultural adaptation, and community 

orientation. 

(B) Provision of counseling about financial management, 

home buying and selling, renting, stress management aimed at 

intervention and prevention of abuse, property management, 

and shipment and storage of household goods (including motor 

vehicles and pets). 

(C) Provision of settling-in services, with emphasis on 

available government living quarters, private housing, child 

care, spouse employment assistance information, cultural adaptation, and community orientation. 

(D) Provision of home finding services, with emphasis on 

services for locating adequate, affordable temporary and permanent housing. 

(c) MILITARY RELOCATION ASSISTANCE PROGRAMS.—(1) The Secretary shall provide for the establishment of military relocation assistance programs to provide the relocation assistance described in 

subsection (b). The Secretary shall establish such a program in 

each geographic area in which at least 500 members of the armed 

forces are assigned to or serving at a military installation. A member who is not stationed within a geographic area that contains 

such a program shall be given access to such a program. The Secretary shall ensure that persons on the staff of each program are 

trained in the techniques and delivery of professional relocation assistance. 

(2) The Secretary shall ensure that information available 

through each military relocation assistance program shall be managed through a computerized information system that can interact 

with all other military relocation assistance programs of the military departments, including programs located outside the continental United States. 

(3) Duties of each military relocation assistance program shall 

include assisting personnel offices on the military installation in 

using the computerized information available through the program 

to help provide members of the armed forces who are deciding 

whether to reenlist information on locations of possible future duty 

assignments. 

(d) DIRECTOR.—The Secretary of Defense shall establish the 

position of Director of Military Relocation Assistance Programs in 

the office of the Assistant Secretary of Defense (Force Management 

and Personnel). The Director shall oversee development and implementation of the military relocation assistance programs under this 

section. 
§ 1057 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 536 

(e) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense. 

(f) INAPPLICABILITY TO COAST GUARD.—This section does not 

apply to the Coast Guard. 

(Added Pub. L. 101–510, div. A, title XIV, Sec. 1481(c)(1), Nov. 5, 1990, 104 Stat. 1705, formerly 

Pub. L. 101–189, title VI, Sec. 661(a)–(g), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 104–106, div. 

A, title IX, Sec. 903(d), title X, Sec. 1062(a), Feb. 10, 1996, 110 Stat. 402, 443; Pub. L. 104– 

201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, 

Sec. 1048(a)(9), Dec. 28, 2001, 115 Stat. 1223.) 

§ 1057. Use of armed forces insignia on State license plates 

(a) The Secretary concerned may approve an application by a 

State to use or imitate the seal or other insignia of the department 

(under the jurisdiction of such Secretary) or of armed forces (under 

the jurisdiction of such Secretary) on motor vehicle license plates 

issued by the State to an individual who is a member or former 

member of the armed forces. 

(b) The Secretary concerned may prescribe any regulations necessary regarding the display of the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed 

forces (under the jurisdiction of such Secretary) on the license 

plates described in subsection (a). 

(c) In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 

the Northern Mariana Islands, Guam, the Virgin Islands, and 

American Samoa. 

(Added Pub. L. 102–484, div. A, title X, Sec. 1080(a), Oct. 23, 1992, 106 Stat. 2514.) 

§ 1058. Responsibilities of military law enforcement officials 

at scenes of domestic violence 

(a) IMMEDIATE ACTIONS REQUIRED.—Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall 

ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has 

been inflicted or a deadly weapon or dangerous instrument has 

been used, that military law enforcement officials— 

(1) take immediate measures to reduce the potential for 

further violence at the scene; and 

(2) within 24 hours of the incident, provide a report of the 

domestic violence to the appropriate commander and to a local 

military family advocacy representative exercising responsibility over the area in which the incident took place. 

(b) FAMILY ADVOCACY COMMITTEE.—Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall 

ensure that, whenever a report is provided to a commander under 

subsection (a)(2), a multidisciplinary family advocacy committee 

meets, with all due practicable speed, to review the situation and 

to make recommendations to the commander for appropriate action. 

(c) REGULATIONS.—The Secretary of Defense, and the Secretary 

of Homeland Security with respect to the Coast Guard when it is 

not operating as a service in the Navy, shall prescribe by regulation the definition of ‘‘domestic violence’’ for purposes of this section 

and such other regulations as may be necessary for purposes of this 

section. 
537 § 1059 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(d) MILITARY LAW ENFORCEMENT OFFICIAL.—In this section, 

the term ‘‘military law enforcement official’’ means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder. 

(Added Pub. L. 103–160, div. A, title V, Sec. 551(a)(1), Nov. 30, 1993, 107 Stat. 1661; amended 

Pub. L. 103–337, div. A, title X, Sec. 1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub. 

L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1059. Dependents of members separated for dependent 

abuse: transitional compensation; commissary and 

exchange benefits 

(a) AUTHORITY TO PAY COMPENSATION.—The Secretary of Defense, with respect to the armed forces (other than the Coast Guard 

when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard 

when it is not operating as a service in the Navy, may each establish a program to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a 

member of the armed forces described in subsection (b). Upon establishment of such a program, the program shall apply in the case 

of each such member described in subsection (b) who is under the 

jurisdiction of the Secretary establishing the program. 

(b) PUNITIVE AND OTHER ADVERSE ACTIONS COVERED.—This 

section applies in the case of a member of the armed forces on active duty for a period of more than 30 days— 

(1) who is convicted of a dependent-abuse offense (as defined in subsection (c)) and whose conviction results in the 

member— 

(A) being separated from active duty pursuant to a 

sentence of a court-martial; or 

(B) forfeiting all pay and allowances pursuant to a 

sentence of a court-martial; or 

(2) who is administratively separated, voluntarily or involuntarily, from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse 

offense. 

(c) DEPENDENT-ABUSE OFFENSES.—For purposes of this section, 

a dependent-abuse offense is conduct by an individual while a 

member of the armed forces on active duty for a period of more 

than 30 days— 

(1) that involves abuse of the spouse or a dependent child 

of the member; and 

(2) that is a criminal offense specified in regulations prescribed by the Secretary of Defense under subsection (k). 

(d) RECIPIENTS OF PAYMENTS.—In the case of any individual 

described in subsection (b), the Secretary shall pay such compensation to dependents or former dependents of the individual as follows: 

(1) If the individual was married at the time of the commission of the dependent-abuse offense resulting in the separation, such compensation shall be paid to the spouse or former 

spouse to whom the individual was married at that time, including an amount (determined under subsection (f)(2)) for 
§ 1059 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 538 

each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse 

or former spouse. 

(2) If there is a spouse or former spouse who is or, but for 

subsection (g), would be eligible for compensation under this 

section and if there is a dependent child of the individual described in subsection (b) who does not reside in the same 

household as that spouse or former spouse, compensation 

under this section shall be paid to each such dependent child 

of the individual described in subsection (b) who does not reside in that household. 

(3) If there is no spouse or former spouse who is (or but 

for subsection (g) would be) eligible under paragraph (1), such 

compensation shall be paid to the dependent children of the individual described in subsection (b). 

(4) For purposes of this subsection, an individual’s status 

as a ‘‘dependent child’’ shall be determined as of the date on 

which the individual described in subsection (b) is convicted of 

the dependent-abuse offense or, in a case described in subsection (b)(2), as of the date on which the individual described 

in subsection (b) is separated from active duty. 

(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment 

of transitional compensation under this section— 

(A) in the case of a member convicted by a court-martial 

for a dependent-abuse offense, shall commence— 

(i) as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, 

dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or 

(ii) if there is a pretrial agreement that provides for 

disapproval or suspension of the dismissal, dishonorable 

discharge, bad conduct discharge, or forfeiture of all pay 

and allowances, as of the date of the approval of the courtmartial sentence by the person acting under section 860(c) 

of this title (article 60(c) of the Uniform Code of Military 

Justice) if the sentence, as approved, includes an unsuspended dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; and 

(B) in the case of a member being considered under applicable regulations for administrative separation from active 

duty in accordance with such regulations (if the basis for the 

separation includes a dependent-abuse offense), shall commence as of the date on which the separation action is initiated 

by a commander of the member pursuant to such regulations, 

as determined by the Secretary concerned. 

(2) Transitional compensation with respect to a member shall 

be paid for a period of not less than 12 months and not more than 

36 months, as established in policies prescribed by the Secretary 

concerned. 

(3)(A) If a member is sentenced by a court-martial to receive 

punishment that includes a dismissal, dishonorable discharge, bad 

conduct discharge, or forfeiture of all pay and allowances as a result of a conviction by a court-martial for a dependent-abuse offense and each such conviction is disapproved by the person acting 
539 § 1059 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

under section 860(c) of this title (article 60(c) of the Uniform Code 

of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person 

acting under section 860(c) of this title, remitted, set aside, suspended, or mitigated to a lesser punishment that does not include 

any such punishment, any payment of transitional compensation 

that has commenced under this section on the basis of such sentence in that case shall cease. 

(B) If administrative separation of a member from active duty 

is proposed on a basis that includes a dependent-abuse offense and 

the proposed administrative separation is disapproved by competent authority under applicable regulations, payment of transitional compensation in such case shall cease. 

(C) Cessation of payments under subparagraph (A) or (B) shall 

be effective as of the first day of the first month following the 

month in which the Secretary concerned notifies the recipient of 

such transitional compensation in writing that payment of the 

transitional compensation will cease. The recipient may not be required to repay amounts of transitional compensation received before that effective date (except to the extent necessary to recoup 

any amount that was erroneous when paid). 

(f) AMOUNT OF PAYMENT.—(1) Payment to a spouse or former 

spouse under this section for any month shall be at the rate in effect for that month for the payment of dependency and indemnity 

compensation under section 1311(a)(1) of title 38. 

(2) If a spouse or former spouse to whom compensation is paid 

under this section has custody of a dependent child of the member 

who resides in the same household as that spouse or former 

spouse, the amount of such compensation paid for any month shall 

be increased for each such dependent child by the amount in effect 

for that month under section 1311(b) of title 38. 

(3) If compensation is paid under this section to a child or children pursuant to subsection (d)(2) or (d)(3), such compensation 

shall be paid in equal shares, with the amount of such compensation for any month determined in accordance with the rates in effect for that month under section 1313 of title 38. 

(g) SPOUSE AND FORMER SPOUSE FORFEITURE PROVISIONS.—(1) 

If a former spouse receiving compensation under this section remarries, the Secretary shall terminate payment of such compensation, effective as of the date of such marriage. The Secretary may 

not renew payment of compensation under this section to such 

former spouse in the event of the termination of such subsequent 

marriage. 

(2) If after a punitive or other adverse action is executed in the 

case of a former member as described in subsection (b) the former 

member resides in the same household as the spouse or former 

spouse, or dependent child, to whom compensation is otherwise 

payable under this section, the Secretary shall terminate payment 

of such compensation, effective as of the time the former member 

begins residing in such household. Compensation paid for a period 

after the former member’s separation, but before the former member resides in the household, shall not be recouped. If the former 

member subsequently ceases to reside in such household before the 
§ 1059 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 540 

end of the period of eligibility for such payments, the Secretary 

may not resume such payments. 

(3) In a case in which the victim of the dependent-abuse offense resulting in a punitive or other adverse action described in 

subsection (b) was a dependent child, the Secretary concerned may 

not pay compensation under this section to a spouse or former 

spouse who would otherwise be eligible to receive such compensation if the Secretary determines (under regulations prescribed 

under subsection (k)) that the spouse or former spouse was an active participant in the conduct constituting the dependent-abuse offense. 

(h) EFFECT OF CONTINUATION OF MILITARY PAY.—In the case 

of payment of transitional compensation by reason of a total forfeiture of pay and allowances pursuant to a sentence of a courtmartial, payment of transitional compensation shall not be made 

for any period for which an order— 

(1) suspends, in whole or in part, that part of a sentence 

that includes forfeiture of the member’s pay and allowance; or 

(2) otherwise results in continuation, in whole or in part, 

of the member’s pay and allowances. 

(i) COORDINATION OF BENEFITS.—The Secretary concerned may 

not make payments to a spouse or former spouse under both this 

section and section 1408(h)(1) of this title. In the case of a spouse 

or former spouse for whom a court order provides for payments by 

the Secretary pursuant to section 1408(h)(1) of this title and to 

whom the Secretary offers payments under this section, the spouse 

or former spouse shall elect which to receive. 

(j) COMMISSARY AND EXCHANGE BENEFITS.—(1) A dependent or 

former dependent entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to use commissary and exchange stores to the same extent and in the same manner as a dependent of a member of the armed forces on active duty for a period of more than 30 days. 

(2) If a dependent or former dependent eligible or entitled to 

use commissary and exchange stores under paragraph (1) is eligible 

or entitled to use commissary and exchange stores under another 

provision of law, the eligibility or entitlement of that dependent or 

former dependent to use commissary and exchange stores shall be 

determined under such other provision of law rather than under 

paragraph (1). 

(k) REGULATIONS.—(1) The Secretary of Defense shall prescribe 

regulations to carry out this section with respect to the armed 

forces (other than the Coast Guard when it is not operating as a 

service in the Navy). The Secretary of Homeland Security shall prescribe regulations to carry out this section with respect to the 

Coast Guard when it is not operating as a service in the Navy. 

(2) Regulations prescribed under paragraph (1) shall include 

the criminal offenses, or categories of offenses, under the Uniform 

Code of Military Justice (chapter 47 of this title), Federal criminal 

law, the criminal laws of the States and other jurisdictions of the 

United States, and the laws of other nations that are to be considered to be dependent-abuse offenses for the purposes of this section. 
541 § 1060 CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

(l) DEPENDENT CHILD DEFINED.—In this section, the term ‘‘dependent child’’, with respect to a member or former member of the 

armed forces referred to in subsection (b), means an unmarried 

child, including an adopted child or a stepchild, who was residing 

with the member at the time of the dependent-abuse offense resulting in the separation of the former member and— 

(1) who is under 18 years of age; 

(2) who is 18 years of age or older and is incapable of selfsupport because of a mental or physical incapacity that existed 

before the age of 18 and who is (or, at the time a punitive or 

other adverse action was executed in the case of the former 

member as described in subsection (b), was) dependent on the 

former member for over one-half of the child’s support; or 

(3) who is 18 years of age or older but less than 23 years 

of age, is enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense 

and who is (or, at the time a punitive or other adverse action 

was executed in the case of the former member as described in 

subsection (b), was) dependent on the former member for over 

one-half of the child’s support. 

(m) EXCEPTIONAL ELIGIBILITY FOR DEPENDENTS OF FORMER

MEMBERS.—(1) The Secretary concerned, under regulations prescribed under subsection (k), may authorize eligibility for benefits 

under this section for dependents and former dependents of a 

former member of the armed forces in a case in which the dependents or former dependents are not otherwise eligible for such benefits and the Secretary concerned determines that the former member engaged in conduct that is a dependent-abuse offense under 

this section and the former member was separated from active duty 

other than as described in subsection (b). 

(2) In a case in which the Secretary concerned, under the authority of paragraph (1), authorizes benefits to be provided under 

this section, such benefits shall be provided in the same manner as 

if the former member were an individual described in subsection 

(b), except that, under regulations prescribed under subsection (k), 

the Secretary shall make such adjustments to the commencement 

and duration of payment provisions of subsection (e), and may 

make adjustments to other provisions of this section, as the Secretary considers necessary in light of the circumstances in order to 

provide benefits substantially equivalent to the benefits provided in 

the case of an individual described in subsection (b). 

(3) The authority of the Secretary concerned under paragraph 

(1) may not be delegated. 

(Added Pub. L. 103–160, div. A, title V, Sec. 554(a)(1), Nov. 30, 1993, 107 Stat. 1663, Sec. 1058; 

renumbered Sec. 1059 and amended Pub. L. 103–337, div. A, title V, Sec. 535(a)–(c)(1), title X, 

Sec. 1070(a)(5)(A), Oct. 5, 1994, 108 Stat. 2762, 2763, 2855; Pub. L. 104–106, div. A, title VI, 

Sec. 636(a), (b), title XV, Sec. 1503(a)(8), Feb. 10, 1996, 110 Stat. 367, 511; Pub. L. 105–261, 

div. A, title V, Sec. 570(a), (b), Oct. 17, 1998, 112 Stat. 2032; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, Secs. 572(a), (b)(1), 

(c), 573(a), 574, Nov. 24, 2003, 117 Stat. 1484–1486.) 

§ 1060. Military service of retired members with newly 

democratic nations: consent of Congress 

(a) CONSENT OF CONGRESS.—Subject to subsection (b), Congress consents to a retired member of the uniformed services— 
§ 1060a CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 542 

(1) accepting employment by, or holding an office or position in, the military forces of a newly democratic nation; and 

(2) accepting compensation associated with such employment, office, or position. 

(b) APPROVAL REQUIRED.—The consent provided in subsection 

(a) for a retired member of the uniformed services to accept employment or hold an office or position shall apply to a retired member only if the Secretary concerned and the Secretary of State jointly approve the employment or the holding of such office or position. 

(c) DETERMINATION OF NEWLY DEMOCRATIC NATIONS.—The 

Secretary concerned and the Secretary of State shall jointly determine whether a nation is a newly democratic nation for the purposes of this section. 

[(d) Repealed. Pub. L. 108–136, div. A, title X, Sec. 1031(a)(9), 

Nov. 24, 2003, 117 Stat. 1597.] 

(e) CONTINUED ENTITLEMENT TO RETIRED PAY AND BENEFITS.— 

The eligibility of a retired member to receive retired or retainer 

pay and other benefits arising from the retired member’s status as 

a retired member of the uniformed services, and the eligibility of 

dependents of such retired member to receive benefits on the basis 

of such retired member’s status as a retired member of the uniformed services, may not be terminated by reason of employment 

or holding of an office or position consented to in subsection (a). 

(f) RETIRED MEMBER DEFINED.—In this section, the term ‘‘retired member’’ means a member or former member of the uniformed services who is entitled to receive retired or retainer pay. 

(g) CIVIL EMPLOYMENT BY FOREIGN GOVERNMENTS.—For a provision of law providing the consent of Congress to civil employment 

by foreign governments, see section 908 of title 37. 

(Added Pub. L. 103–160, div. A, title XIV, Sec. 1433(b)(1), Nov. 30, 1993, 107 Stat. 1834, Sec. 

1058; renumbered Sec. 1060, Pub. L. 103–337, div. A, title X, Sec. 1070(a)(6)(A), Oct. 5, 1994, 

108 Stat. 2855; Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(13), Feb. 10, 1996, 110 Stat. 503; 

Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. 

A, title X, Sec. 1031(a)(9), Nov. 24, 2003, 117 Stat. 1597.) 

§ 1060a. Special supplemental food program 

(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 

out a program to provide supplemental foods and nutrition education to members of the armed forces on duty at stations outside 

the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed 

forces outside the United States (and its territories and possessions). 

(b) FUNDING MECHANISM.—The Secretary of Defense shall use 

funds available for the Department of Defense to carry out the program under subsection (a). 

(c) PROGRAM ADMINISTRATION.—(1)(A) The Secretary of Defense shall administer the program referred to in subsection (a) 

and, except as provided in subparagraph (B), shall determine eligibility for program benefits under the criterion published by the 

Secretary of Agriculture under section 17 of the Child Nutrition Act 

of 1966 (42 U.S.C. 1786). In determining eligibility for benefits, a 

person already certified for participation in the special supplemental nutrition program for women, infants, and children under 

such section 17 shall be considered eligible for the duration of the 
543 § 1060a CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

certification period under that special supplemental nutrition program. 

(B) In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense 

shall, to the extent practicable, use the criterion described in subparagraph (A), including nutritional risk standards. In the application of such criterion, the Secretary shall exclude from income any 

basic allowance for housing as permitted under section 17(d)(2)(B) 

of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)). 

(2) The program benefits provided under the program shall be 

similar to benefits provided by State and local agencies in the 

United States, particularly with respect to nutrition education. 

(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary 

of Defense, for the purpose of carrying out the program under subsection (a). 

(d) DEPARTURE FROM STANDARDS.—The Secretary of Defense 

may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made 

available in the program when local conditions preclude strict compliance or when such compliance is highly impracticable. 

(e) REBATE AGREEMENTS WITH FOOD PRODUCERS.—(1) In the 

administration of the program under this section, the Secretary of 

Defense may enter into a contract with a producer of a particular 

brand of food that provides for— 

(A) the Secretary of Defense to procure that particular 

brand of food, exclusive of other brands of the same or similar 

food, for the purpose of providing the food in commissary stores 

or Navy Exchange Markets of the Department of Defense as a 

supplemental food under the program; and 

(B) the producer to rebate to the Secretary amounts equal 

to agreed portions of the amounts paid by the Secretary for the 

procurement of that particular brand of food for the program. 

(2) The Secretary of Defense shall use competitive procedures 

under chapter 137 of this title to enter into contracts under this 

subsection. 

(3) The period covered by a contract entered into under this 

subsection, including any period of extension of the contract by 

modification of the contract, exercise of an option, or other cause, 

may not exceed three years. No such contract may be extended by 

a modification of the contract, by exercise of an option, or by any 

other means. Nothing in this paragraph prohibits a contractor 

under a contract entered into under this subsection for any year 

from submitting an offer for, and being awarded, a contract that 

is to be entered into under this subsection for a successive year. 

(4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which 

rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as 

the other sums in the appropriation. 

(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to administer the program authorized by this section. 
§ 1060b CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 544 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible civilian’’ means— 

(A) a dependent of a member of the armed forces residing with the member outside the United States; 

(B) an employee of a military department who is a national of the United States and is residing outside the 

United States in connection with such individual’s employment or a dependent of such individual residing with the 

employee outside the United States; or 

(C) an employee of a Department of Defense contractor 

who is a national of the United States and is residing outside the United States in connection with such individual’s 

employment or a dependent of such individual residing 

with the employee outside the United States. 

(2) The term ‘‘national of the United States’’ means— 

(A) a citizen of the United States; or 

(B) a person who, though not a citizen of the United 

States, owes permanent allegiance to the United States, as 

determined in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 

(3) The term ‘‘dependent’’ has the meaning given such 

term in subparagraphs (A), (D), (E), and (I) of section 1072(2) 

of this title. 

(4) The terms ‘‘nutrition education’’ and ‘‘supplemental 

foods’’ have the meanings given the terms in section 17(b) of 

the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). 

(Added Pub. L. 103–337, div. A, title VI, Sec. 653(a), Oct. 5, 1994, 108 Stat. 2794; Pub. L. 104– 

106, div. A, title XV, Sec 1503(a)(9), Feb. 10, 1996, 110 Stat. 511; Pub. L. 105–85, title VI, Sec. 

655(b)(1), Nov. 18, 1997, 111 Stat. 1805; Pub. L. 106–65, div. A, title VI, Sec. 674(a)–(d), Oct. 

5, 1999, 113 Stat. 675; Pub. L. 106–398, Sec. 1[[div. A], title VI, Sec. 662], Oct. 30, 2000, 114 

Stat. 1654, 1654A–167; Pub. L. 107–107, div. A, title III, Sec. 334, Dec. 28, 2001, 115 Stat. 1059; 

Pub. L. 107–314, div. A, title III, Sec. 324, Dec. 2, 2002, 116 Stat. 2511.) 

§ 1060b. Military ID cards: dependents and survivors of retirees 

(a) ISSUANCE OF PERMANENT ID CARD.—(1) In issuing military 

ID cards to retiree dependents, the Secretary concerned shall issue 

a permanent ID card (not subject to renewal) to any such retiree 

dependent as follows: 

(A) A retiree dependent who has attained 75 years of age. 

(B) A retiree dependent who is permanently disabled. 

(2) A permanent ID card shall be issued to a retiree dependent 

under paragraph (1)(A) upon the expiration, after the retiree dependent attains 75 years of age, of any earlier, renewable military 

card or, if earlier, upon the request of the retiree dependent after 

attaining age 75. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘military ID card’’ means a card or other form 

of identification used for purposes of demonstrating eligibility 

for any benefit from the Department of Defense. 

(2) The term ‘‘retiree dependent’’ means a person who is a 

dependent of a retired member of the uniformed services, or a 

survivor of a deceased retired member of the uniformed serv- 
545 § 1060b CH. 53—MISCELLANEOUS RIGHTS & BENEFITS 

ices, who is eligible for any benefit from the Department of 

Defense. 

(Added Pub. L. 108–375, div. A, title V, Sec. 583(a)(1), Oct. 28, 2004, 118 Stat. 1929; amended 

Pub. L. 109–364, div. A, title V, Sec. 598(a), (b)(1), Oct. 17, 2006, 120 Stat. 2237.) 
546 

CHAPTER 54—COMMISSARY AND EXCHANGE BENEFITS 

Sec. 

1061. Survivors of certain Reserve and Guard members. 

1062. Certain former spouses. 

1063. Use of commissary stores and MWR retail facilities: members of reserve 

components and reserve retirees under age 60. 

1064. Use of commissary stores and MWR retail facilities: members of National 

Guard serving in federally declared disaster or national emergency. 

§ 1061. Survivors of certain Reserve and Guard members 

(a) BENEFITS.—The Secretary of Defense shall prescribe regulations to allow dependents of members of the uniformed services described in subsection (b) to use commissary and exchange stores on 

the same basis as dependents of members of the uniformed services 

who die while on active duty for a period of more than 30 days. 

(b) COVERED DEPENDENTS.—A dependent referred to in subsection (a) is a dependent of a member of a uniformed service who 

died— 

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

(2) while traveling to or from the place at which the member was to perform, or has performed, active duty, active duty 

for training, or inactive-duty training (regardless of the period 

of such duty). 

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

§ 1062. Certain former spouses 

The Secretary of Defense shall prescribe such regulations as 

may be necessary to provide that an unremarried former spouse 

described in subparagraph (F)(i) of section 1072(2) of this title is 

entitled to commissary and exchange privileges to the same extent 

and on the same basis as the surviving spouse of a retired member 

of the uniformed services. 

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

§ 1063. Use of commissary stores and MWR retail facilities: 

members of reserve components and reserve retirees under age 60 

(a) MEMBERS OF THE SELECTED RESERVE.—A member of the 

Selected Reserve in good standing (as determined by the Secretary 

concerned) shall be permitted to use commissary stores and MWR 

retail facilities on the same basis as members on active duty. 

(b) MEMBERS OF READY RESERVE NOT IN SELECTED RESERVE.— Subject to such regulations as the Secretary of Defense may prescribe, a member of the Ready Reserve (other than members of the 

Selected Reserve) may be permitted to use commissary stores and 

MWR retail facilities on the same basis as members serving on active duty. 
547 § 1064 CH. 54—COMMISSARY & EXCHANGE BENEFITS 

(c) RESERVE RETIREES UNDER AGE 60.—A member or former 

member of a reserve component under 60 years of age who, but for 

age, would be eligible for retired pay under chapter 1223 of this 

title shall be permitted to use commissary stores and MWR retail 

facilities on the same basis as members of the armed forces entitled 

to retired pay under any other provision of law. 

(d) DEPENDENTS.—(1) Dependents of a member who is permitted under subsection (a) or (b) to use commissary stores and 

MWR retail facilities shall be permitted to use stores and such facilities on the same basis as dependents of members on active duty. 

(2) Dependents of a member who is permitted under subsection 

(c) to use commissary stores and MWR retail facilities shall be permitted to use stores and such facilities on the same basis as dependents of members of the armed forces entitled to retired pay 

under any other provision of law. 

(e) MWR RETAIL FACILITY DEFINED.—In this section, the term 

‘‘MWR retail facilities’’ means exchange stores and other revenuegenerating facilities operated by nonappropriated fund activities of 

the Department of Defense for the morale, welfare, and recreation 

of members of the armed forces. 

(Added Pub. L. 101–510, div. A, title III, Sec. 321(c), Nov. 5, 1990, 104 Stat. 1528, Sec. 1065; 

amended Pub. L. 104–106, div. A, title III, Sec. 342(a), Feb. 10, 1996, 110 Stat. 265; renumbered 

Sec. 1063 and amended, Pub. L. 108–136, div. A, title VI, Sec. 651(a), (b)(4), (5), Nov. 24, 2003, 

117 Stat. 1521, 1522.) 

[§ 1063a. Renumbered 1064] 

§ 1064. Use of commissary stores and MWR retail facilities: 

members of National Guard serving in federally 

declared disaster or national emergency 

(a) ELIGIBILITY OF MEMBERS.—A member of the National 

Guard who, although not in Federal service, is called or ordered to 

duty in response to a federally declared disaster or national emergency shall be permitted to use commissary stores and MWR retail 

facilities during the period of such duty on the same basis as members of the armed forces on active duty. 

(b) ELIGIBILITY OF DEPENDENTS.—A dependent of a member of 

the National Guard who is permitted under subsection (a) to use 

commissary stores and MWR retail facilities shall be permitted to 

use such stores and facilities, during the same period as the member, on the same basis as dependents of members of the armed 

forces on active duty. 

(c) DEFINITIONS.—In this section: 

(1) FEDERALLY DECLARED DISASTER.—The term ‘‘federally 

declared disaster’’ means a disaster or other situation for 

which a Presidential declaration of major disaster is issued 

under section 401 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5170). 

(2) MWR RETAIL FACILITIES.—The term ‘‘MWR retail facilities’’ has 

the meaning given that term in section 1063(e) of this title. 

(3) NATIONAL EMERGENCY.—The term ‘‘national emergency’’ means a national emergency declared by the President 

or Congress. 
[§ 1065 CH. 54—COMMISSARY & EXCHANGE BENEFITS 548 

(Added Pub. L. 105–261, div. A, title III, Sec. 362(c), Oct. 17, 1998, 112 Stat. 1985, Sec. 1063a; 

amended Pub. L. 107–314, div. A, title III, Sec. 322(a), (b)(1), Dec. 2, 2002, 116 Stat. 2510; renumbered Sec. 1064 and amended Pub. L. 108–136, div. A, title VI, Sec. 651(b)(2), (3), Nov. 24, 

2003, 117 Stat. 1521.) 

[§ 1065. Renumbered 1063] 
549 

CHAPTER 55—MEDICAL AND DENTAL CARE 

Sec. 

1071. Purpose of this chapter. 

1072. Definitions. 

1073. Administration of this chapter. 

1073a. Contracts for health care: best value contracting. 

1073b. Recurring reports. 

1074. Medical and dental care for members and certain former members. 

1074a. Medical and dental care: members on duty other than active duty for a 

period of more than 30 days. 

1074b. Medical and dental care: Academy cadets and midshipmen; members of, 

and designated applicants for membership in, Senior ROTC. 

1074c. Medical care: authority to provide a wig. 

1074d. Certain primary and preventive health care services. 

1074e. Medical care: certain Reserves who served in Southwest Asia during the 

Persian Gulf Conflict. 

1074f. Medical tracking system for members deployed overseas. 

1074g. Pharmacy benefits program. 

1074h. Medical and dental care: medal of honor recipients; dependents. 

1074i. Reimbursement for certain travel expenses. 

1074j. Sub-acute care program. 

1074k. Long-term care insurance. 

1074l. Notification to Congress of hospitalization of combat wounded members. 

[1075. Repealed.] 

1076. Medical and dental care for dependents: general rule. 

1076a. TRICARE dental program. 

[1076b. Repealed.] 

1076c. Dental insurance plan: certain retirees and their surviving spouses and 

other dependents. 

1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve. 

1076e. TRICARE program: TRICARE Standard coverage for certain members of 

the Retired Reserve who are qualified for a non-regular retirement but 

are not yet age 60. 

1077. Medical care for dependents: authorized care in facilities of uniformed 

services. 

1078. Medical and dental care for dependents: charges. 

1078a. Continued health benefits coverage. 

1079. Contracts for medical care for spouses and children: plans. 

1079a. CHAMPUS: treatment of refunds and other amounts collected. 

1079b. Procedures for charging fees for care provided to civilians; retention and 

use of fees collected. 

1080. Contracts for medical care for spouses and children: election of facilities. 

1081. Contracts for medical care for spouses and children: review and adjustment of payments. 

1082. Contracts for health care: advisory committees. 

1083. Contracts for medical care for spouses and children: additional hospitalization. 

1084. Determinations of dependency. 

1085. Medical and dental care from another executive department: reimbursement. 

1086. Contracts for health benefits for certain members, former members, and 

their dependents. 

1086a. Certain former spouses: extension of period of eligibility for health benefits. 

1086b. Prohibition against requiring retired members to receive health care solely 

through the Department of Defense. 
§ 1071 CH. 55—MEDICAL AND DENTAL CARE 550 

1087. Programming facilities for certain members, former members, and their 

dependents in construction projects of the uniformed services. 

1088. Air evacuation patients: furnished subsistence. 

1089. Defense of certain suits arising out of medical malpractice. 

1090. Identifying and treating drug and alcohol dependence. 

1091. Personal services contracts. 

1092. Studies and demonstration projects relating to delivery of health and medical care. 

1092a. Persons entering the armed forces: baseline health data. 

1093. Performance of abortions: restrictions. 

1094. Licensure requirement for health-care professionals. 

1094a. Continuing medical education requirements: system for monitoring physician compliance. 

1095. Health care services incurred on behalf of covered beneficiaries: collection 

from third-party payers. 

1095a. Medical care: members held as captives and their dependents. 

1095b. TRICARE program: contractor payment of certain claims. 

1095c. TRICARE program: facilitation of processing of claims. 

1095d. TRICARE program: waiver of certain deductibles. 

1095e. TRICARE program: beneficiary counseling and assistance coordinators. 

1095f. TRICARE program: referrals for specialty health care. 

1096. Military-civilian health services partnership program. 

1097. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care. 

1097a. TRICARE Prime: automatic enrollments; payment options. 

1097b. TRICARE program: financial management. 

1097c. TRICARE program: relationship with employer-sponsored group health 

plans. 

1098. Incentives for participation in cost-effective health care plans. 

1099. Health care enrollment system. 

1100. Defense Health Program Account. 

1101. Resource allocation methods: capitation or diagnosis-related groups. 

1102. Confidentiality of medical quality assurance records: qualified immunity 

for participants. 

1103. Contracts for medical and dental care: State and local preemption. 

1104. Sharing of health-care resources with the Department of Veterans Affairs. 

1105. Specialized treatment facility program. 

1106. Submittal of claims: standard form; time limits. 

1107. Notice of use of an investigational new drug or a drug unapproved for its 

applied use. 

1107a. Emergency use products. 

1108. Health care coverage through Federal Employees Health Benefits program: demonstration project. 

1109. Organ and tissue donor program. 

1110. Anthrax vaccine immunization program; procedures for exemptions and 

monitoring reactions. 

1110a. Notification of certain individuals regarding options for enrollment under 

Medicare part B. 

1110b. TRICARE program: extension of dependent coverage. 

§ 1071. Purpose of this chapter 

The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain 

former members of those services, and for their dependents. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1445; amended Pub. L. 89–614, 

Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, Sec. 511(34)(A), (B), Dec. 12, 

1980, 94 Stat. 2922.) 

§ 1072. Definitions 

In this chapter: 

(1) The term ‘‘uniformed services’’ means the armed forces 

and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service. 
551 § 1072 CH. 55—MEDICAL AND DENTAL CARE 

(2) The term ‘‘dependent’’, with respect to a member or 

former member of a uniformed service, means— 

(A) the spouse; 

(B) the unremarried widow; 

(C) the unremarried widower; 

(D) a child who— 

(i) has not attained the age of 21; 

(ii) has not attained the age of 23, is enrolled in 

a full-time course of study at an institution of higher 

learning approved by the administering Secretary and 

is, or was at the time of the member’s or former member’s death, in fact dependent on the member or 

former member for over one-half of the child’s support; 

or 

(iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or 

(ii) and is, or was at the time of the member’s or 

former member’s death, in fact dependent on the 

member or former member for over one-half of the 

child’s support; 

(E) a parent or parent-in-law who is, or was at the 

time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household; 

(F) the unremarried former spouse of a member or 

former member who (i) on the date of the final decree of 

divorce, dissolution, or annulment, had been married to 

the member or former member for a period of at least 20 

years during which period the member or former member 

performed at least 20 years of service which is creditable 

in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) 

does not have medical coverage under an employer-sponsored health plan; 

(G) a person who (i) is the unremarried former spouse 

of a member or former member who performed at least 20 

years of service which is creditable in determining the 

member or former member’s eligibility for retired or retainer pay, or equivalent pay, and on the date of the final 

decree of divorce, dissolution, or annulment before April 1, 

1985, had been married to the member or former member 

for a period of at least 20 years, at least 15 of which, but 

less than 20 of which, were during the period the member 

or former member performed service creditable in determining the member or former member’s eligibility for retired or retainer pay, and (ii) does not have medical coverage under an employer-sponsored health plan; 

(H) a person who would qualify as a dependent under 

clause (G) but for the fact that the date of the final decree 

of divorce, dissolution, or annulment of the person is on or 

after April 1, 1985, except that the term does not include 

the person after the end of the one-year period beginning 

on the date of that final decree; and 
§ 1072 CH. 55—MEDICAL AND DENTAL CARE 552 

(I) an unmarried person who— 

(i) is placed in the legal custody of the member or 

former member as a result of an order of a court of 

competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 

consecutive months; 

(ii) either— 

(I) has not attained the age of 21; 

(II) has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning approved by the administering Secretary; or 

(III) is incapable of self support because of a 

mental or physical incapacity that occurred while 

the person was considered a dependent of the 

member or former member under this subparagraph pursuant to subclause (I) or (II); 

(iii) is dependent on the member or former member for over one-half of the person’s support; 

(iv) resides with the member or former member 

unless separated by the necessity of military service or 

to receive institutional care as a result of disability or 

incapacitation or under such other circumstances as 

the administering Secretary may by regulation prescribe; and 

(v) is not a dependent of a member or a former 

member under any other subparagraph. 

(3) The term ‘‘administering Secretaries’’ means the Secretaries of executive departments specified in section 1073 of this 

title as having responsibility for administering this chapter. 

(4) The term ‘‘Civilian Health and Medical Program of the 

Uniformed Services’’ means the program authorized under sections 1079 and 1086 of this title and includes contracts entered 

into under section 1091 or 1097 of this title and demonstration 

projects under section 1092 of this title. 

(5) The term ‘‘covered beneficiary’’ means a beneficiary 

under this chapter other than a beneficiary under section 

1074(a) of this title. 

(6) The term ‘‘child’’, with respect to a member or former 

member of a uniformed service, means the following: 

(A) An unmarried legitimate child. 

(B) An unmarried adopted child. 

(C) An unmarried stepchild. 

(D) An unmarried person— 

(i) who is placed in the home of the member or 

former member by a placement agency (recognized by 

the Secretary of Defense), or by any other source authorized by State or local law to provide adoption 

placement, in anticipation of the legal adoption of the 

person by the member or former member; and 

(ii) who otherwise meets the requirements specified in paragraph (2)(D). 

(7) The term ‘‘TRICARE program’’ means the managed 

health care program that is established by the Department of 
553 § 1073 CH. 55—MEDICAL AND DENTAL CARE 

Defense under the authority of this chapter, principally section 

1097 of this title, and includes the competitive selection of contractors to financially underwrite the delivery of health care 

services under the Civilian Health and Medical Program of the 

Uniformed Services. 

(8) The term ‘‘custodial care’’ means treatment or services, 

regardless of who recommends such treatment or services or 

where such treatment or services are provided, that— 

(A) can be rendered safely and reasonably by a person 

who is not medically skilled; or 

(B) is or are designed mainly to help the patient with 

the activities of daily living. 

(9) The term ‘‘domiciliary care’’ means care provided to a 

patient in an institution or homelike environment because— 

(A) providing support for the activities of daily living 

in the home is not available or is unsuitable; or 

(B) members of the patient’s family are unwilling to 

provide the care. 

(10) The term ‘‘health care’’ includes mental health care. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, 

Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89–718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; 

Pub. L. 96–513, title I, Sec. 115(b), title V, Sec. 511(34)(A), (35), (36), Dec. 12, 1980, 94 Stat. 

2877, 2922, 2923; Pub. L. 97–252, title X, Sec. 1004(a), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98– 

525, title VI, Sec. 645(a), Oct. 19, 1984, 98 Stat. 2548; Pub. L. 98–557, Sec. 19(1), Oct. 30, 1984, 

98 Stat. 2869; Pub. L. 99–661, div. A, title VII, Sec. 701(b), Nov. 14, 1986, 100 Stat. 3898; Pub. 

L. 101–189, div. A, title VII, Sec. 731(a), Nov. 29, 1989, 103 Stat. 1481; Pub. L. 102–484, div. 

A, title VII, Sec. 706, Oct. 23, 1992, 106 Stat. 2433; Pub. L. 103–160, div. A, title VII, Sec. 

702(a), Nov. 30, 1993, 107 Stat. 1686; Pub. L. 103–337, div. A, title VII, Sec. 701(a), Oct. 5, 1994, 

108 Stat. 2797; Pub. L. 105–85, div. A, title VII, Sec. 711, Nov. 18, 1997, 111 Stat. 1808; Pub. 

L. 107–107, div. A, title VII, Sec. 701(c), Dec. 28, 2001, 115 Stat. 1160; Pub. L. 109–163, div. 

A, title V, Sec. 592(b), title X, Sec. 1057(a)(2), Jan. 6, 2006, 119 Stat. 3280, 3440; Pub. L. 110– 

181, div. A, title VII, Sec. 708(a), Jan. 28, 2008, 122 Stat. 190.) 

§ 1073. Administration of this chapter 

(a) RESPONSIBLE OFFICIALS.—(1) Except as otherwise provided 

in this chapter, the Secretary of Defense shall administer this 

chapter for the armed forces under his jurisdiction, the Secretary 

of Homeland Security shall administer this chapter for the Coast 

Guard when the Coast Guard is not operating as a service in the 

Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric 

Administration and the Public Health Service. This chapter shall 

be administered consistent with the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14401 et seq.). 

(2) Except as otherwise provided in this chapter, the Secretary 

of Defense shall have responsibility for administering the 

TRICARE program and making any decision affecting such program. 

(b) STABILITY IN PROGRAM OF BENEFITS.—The Secretary of Defense shall, to the maximum extent practicable, provide a stable 

program of benefits under this chapter throughout each fiscal year. 

To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be administered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense 

may implement any such change prior to the next fiscal quarter if 

the Secretary determines that the change would significantly im-
§ 1073a CH. 55—MEDICAL AND DENTAL CARE 554 

prove the provision of care to eligible beneficiaries under this chapter. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, 

Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89–718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; 

Pub. L. 96–513, title V, Sec. 511(34)(A), (C), (35), (36), Dec. 12, 1980, 94 Stat. 2922, 2923; Pub. 

L. 98–557, Sec. 19(2), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 105–12, Sec. 9(h), Apr. 30, 1997, 

111 Stat. 27; Pub. L. 106–65, div. A, title VII, Sec. 725, title X, Sec. 1066(a)(7), Oct. 5, 1999, 

113 Stat. 698, 770; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; 

Pub. L. 111–383, div. A, title VII, Sec. 711, Jan. 7, 2011, 124 Stat. 4246.) 

§ 1073a. Contracts for health care: best value contracting 

(a) AUTHORITY.—Under regulations prescribed by the administering Secretaries, health care contracts shall be awarded in the 

administration of this chapter to the offeror or offerors that will 

provide the best value to the United States to the maximum extent 

consistent with furnishing high-quality health care in a manner 

that protects the fiscal and other interests of the United States. 

(b) FACTORS CONSIDERED.—In the determination of best value 

under subsection (a)— 

(1) consideration shall be given to the factors specified in 

the regulations; and 

(2) greater weight shall be accorded to technical and performance-related factors than to cost and price-related factors. 

(c) APPLICABILITY.—The authority under the regulations prescribed under subsection (a) shall apply to any contract in excess 

of $5,000,000. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 722(a), Oct. 5, 1999, 113 Stat. 695.) 

§ 1073b. Recurring reports 

(a) ANNUAL REPORT ON HEALTH PROTECTION QUALITY.—(1) 

The Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives each year 

a report on the Force Health Protection Quality Assurance Program of the Department of Defense. The report shall cover the calendar year preceding the year in which the report is submitted and 

include the following matters: 

(A) The results of an audit conducted during the calendar 

year covered by the report of the extent to which the blood 

samples required to be obtained as described in section 733(b) 

of the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005 from members of the armed forces before 

and after a deployment are stored in the blood serum repository of the Department of Defense. 

(B) The results of an audit conducted during the calendar 

year covered by the report of the extent to which the records 

of the health assessments required under section 1074f of this 

title for members of the armed forces before and after a deployment are being maintained in the electronic database of the 

Defense Medical Surveillance System. 

(C) An analysis of the actions taken by Department of Defense personnel to respond to health concerns expressed by 

members of the armed forces upon return from a deployment. 

(D) An analysis of the actions taken by Department of Defense personnel to evaluate or treat members of the armed 

forces who are confirmed to have been exposed to occupational 
555 § 1074 CH. 55—MEDICAL AND DENTAL CARE 

or environmental hazards deleterious to their health during a 

deployment. 

(2) The Secretary of Defense shall act through the Assistant 

Secretary of Defense for Health Affairs in carrying out this subsection. 

(b) ANNUAL REPORT ON RECORDING OF HEALTH ASSESSMENT

DATA IN MILITARY HEALTH RECORDS.—The Secretary of Defense 

shall issue each year a report on the compliance by the military departments with applicable law and policies on the recording of 

health assessment data in military health records, including compliance with section 1074f(c) of this title. The report shall cover the 

calendar year preceding the year in which the report is submitted 

and include a discussion of the extent to which immunization status and predeployment and postdeployment health care data are 

being recorded in such records. 

(Added Pub. L. 108–375, div. A, title VII, Sec. 739(a)(1), Oct. 28, 2004, 118 Stat. 2001.) 

§ 1074. Medical and dental care for members and certain 

former members 

(a)(1) Under joint regulations to be prescribed by the administering Secretaries, a member of a uniformed service described in 

paragraph (2) is entitled to medical and dental care in any facility 

of any uniformed service. 

(2) Members of the uniformed services referred to in paragraph 

(1) are as follows: 

(A) A member of a uniformed service on active duty. 

(B) A member of a reserve component of a uniformed service who has been commissioned as an officer if— 

(i) the member has requested orders to active duty for 

the member’s initial period of active duty following the 

commissioning of the member as an officer; 

(ii) the request for orders has been approved; 

(iii) the orders are to be issued but have not been 

issued or the orders have been issued but the member has 

not entered active duty; and 

(iv) the member does not have health care insurance 

and is not covered by any other health benefits plan. 

(b)(1) Under joint regulations to be prescribed by the administering Secretaries, a member or former member of a uniformed 

service who is entitled to retired or retainer pay, or equivalent pay 

may, upon request, be given medical and dental care in any facility 

of any uniformed service, subject to the availability of space and facilities and the capabilities of the medical and dental staff. The administering Secretaries may, with the agreement of the Secretary 

of Veterans Affairs, provide care to persons covered by this subsection in facilities operated by the Secretary of Veterans Affairs 

and determined by him to be available for this purpose on a reimbursable basis at rates approved by the President. 

(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 

1223 of this title who is under 60 years of age. 

(c)(1) Funds appropriated to a military department, the Department of Homeland Security (with respect to the Coast Guard 

when it is not operating as a service in the Navy), or the Depart-
§ 1074 CH. 55—MEDICAL AND DENTAL CARE 556 

ment of Health and Human Services (with respect to the National 

Oceanic and Atmospheric Administration and the Public Health 

Service) may be used to provide medical and dental care to persons 

entitled to such care by law or regulations, including the provision 

of such care (other than elective private treatment) in private facilities for members of the uniformed services. If a private facility 

or health care provider providing care under this subsection is a 

health care provider under the Civilian Health and Medical Program of the Uniformed Services, the Secretary of Defense, after 

consultation with the other administering Secretaries, may by regulation require the private facility or health care provider to provide such care in accordance with the same payment rules (subject 

to any modifications considered appropriate by the Secretary) as 

apply under that program. 

(2)(A) Subject to such exceptions as the Secretary of Defense 

considers necessary, coverage for medical care for members of the 

uniformed services under this subsection, and standards with respect to timely access to such care, shall be comparable to coverage 

for medical care and standards for timely access to such care under 

the managed care option of the TRICARE program known as 

TRICARE Prime. 

(B) The Secretary of Defense shall enter into arrangements 

with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims 

under this subsection. 

(C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph. 

(3)(A) A member of the uniformed services described in subparagraph (B) may not be required to receive routine primary medical care at a military medical treatment facility. 

(B) A member referred to in subparagraph (A) is a member of 

the uniformed services on active duty who is entitled to medical 

care under this subsection and who— 

(i) receives a duty assignment described in subparagraph 

(C); and 

(ii) pursuant to the assignment of such duty, resides at a 

location that is more than 50 miles, or approximately one hour 

of driving time, from the nearest military medical treatment 

facility adequate to provide the needed care. 

(C) A duty assignment referred to in subparagraph (B) means 

any of the following: 

(i) Permanent duty as a recruiter. 

(ii) Permanent duty at an educational institution to instruct, administer a program of instruction, or provide administrative services in support of a program of instruction for the 

Reserve Officers’ Training Corps. 

(iii) Permanent duty as a full-time adviser to a unit of a 

reserve component. 

(iv) Any other permanent duty designated by the Secretary 

concerned for purposes of this paragraph. 

(4)(A) Subject to such terms and conditions as the Secretary of 

Defense considers appropriate, coverage comparable to that provided by the Secretary under subsections (d) and (e) of section 1079 

of this title shall be provided under this subsection to members of 
557 § 1074a CH. 55—MEDICAL AND DENTAL CARE 

the uniformed services who incur a serious injury or illness on active duty as defined by regulations prescribed by the Secretary. 

(B) The Secretary of Defense shall prescribe in regulations— 

(i) the individuals who shall be treated as the primary 

caregivers of a member of the uniformed services for purposes 

of this paragraph; and 

(ii) the definition of serious injury or illness for the purposes of this paragraph. 

(d)(1) For the purposes of this chapter, a member of a reserve 

component of the armed forces who is issued a delayed-effectivedate active-duty order, or is covered by such an order, shall be 

treated as being on active duty for a period of more than 30 days 

beginning on the later of the date that is— 

(A) the date of the issuance of such order; or 

(B) 180 days before the date on which the period of active 

duty is to commence under such order for that member. 

(2) In this subsection, the term ‘‘delayed-effective-date activeduty order’’ means an order to active duty for a period of more than 

30 days in support of a contingency operation under a provision of 

law referred to in section 101(a)(13)(B) of this title that provides for 

active-duty service to begin under such order on a date after the 

date of the issuance of the order. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1446; amended Pub. L. 89–614, 

Sec. 2(2), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, Sec. 511(36), (37), Dec. 12, 1980, 

94 Stat. 2923; Pub. L. 98–525, title XIV, Sec. 1401(e)(1), Oct. 19, 1984, 98 Stat. 2616; Pub. L. 

98–557, Sec. 19(3), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 101–189, div. A, title VII, Sec. 729, 

title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103 Stat. 1481, 1603; Pub. L. 101–510, div. A, title 

XIV, Sec. 1484(j)(1), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title VII, Sec. 723, 

Feb. 10, 1996, 110 Stat. 377; Pub. L. 104–201, div. A, title VII, Sec. 725(d), Sept. 23, 1996, 110 

Stat. 2596; Pub. L. 105–85, div. A, title VII, Sec. 731(a)(1), Nov. 18, 1997, 111 Stat. 1810; Pub. 

L. 106–398, Sec. 1, [[div. A], title VII, Sec. 722(a)(1)] Oct. 30, 2000, 114 Stat. 1654, 1654A–185; 

Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–106, 

title I, Sec. 1116, Nov. 6, 2003, 117 Stat. 1218; Pub. L. 108–136, div. A, title VII, Secs. 703, 

708, Nov. 24, 2003, 117 Stat. 1527, 1530; Pub. L. 108–375, div. A, title VII, Sec. 703, Oct. 28, 

2004, 118 Stat. 1982; Pub. L. 109–163, div. A, title VII, Sec. 743(a), Jan. 6, 2006, 119 Stat. 3360; 

Pub. L. 110–181, div. A, title VI, Sec. 647(b), title XVI, Sec. 1633(a), Jan. 28, 2008, 122 Stat. 

161, 459; Pub. L. 111–84, div. A, title VII, Sec. 702, Oct. 28, 2009, 123 Stat. 2373.) 

§ 1074a. Medical and dental care: members on duty other 

than active duty for a period of more than 30 days 

(a) Under joint regulations prescribed by the administering 

Secretaries, the following persons are entitled to the benefits described in subsection (b): 

(1) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the line of duty while 

performing— 

(A) active duty for a period of 30 days or less; 

(B) inactive-duty training; or 

(C) service on funeral honors duty under section 12503 

of this title or section 115 of title 32. 

(2) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease while traveling directly 

to or from the place at which that member is to perform or has 

performed— 

(A) active duty for a period of 30 days or less; 

(B) inactive-duty training; or 

(C) service on funeral honors duty under section 12503 

of this title or section 115 of title 32. 
§ 1074a CH. 55—MEDICAL AND DENTAL CARE 558 

(3) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before the commencement of 

inactive-duty training, or while remaining overnight, between 

successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training. 

(4) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before serving on funeral honors duty under section 12503 of this title or section 115 of title 

32 at or in the vicinity of the place at which the member was 

to so serve, if the place is outside reasonable commuting distance from the member’s residence. 

(b) A person described in subsection (a) is entitled to— 

(1) the medical and dental care appropriate for the treatment of the injury, illness, or disease of that person until the 

resulting disability cannot be materially improved by further 

hospitalization or treatment; and 

(2) subsistence during hospitalization. 

(c) A member is not entitled to benefits under subsection (b) if 

the injury, illness, or disease, or aggravation of an injury, illness, 

or disease described in subsection (a)(2), is the result of the gross 

negligence or misconduct of the member. 

(d)(1) The Secretary concerned shall provide to members of the 

Selected Reserve who are assigned to units scheduled for deployment within 75 days after mobilization the following medical and 

dental services: 

(A) An annual medical screening. 

(B) For members who are over 40 years of age, a full physical examination not less often than once every two years. 

(C) An annual dental screening. 

(D) The dental care identified in an annual dental screening as required to ensure that a member meets the dental 

standards required for deployment in the event of mobilization. 

(2) The services provided under this subsection shall be provided at no cost to the member. 

(e)(1) A member of a uniformed service on active duty for 

health care or recuperation reasons, as described in paragraph (2), 

is entitled to medical and dental care on the same basis and to the 

same extent as members covered by section 1074(a) of this title 

while the member remains on active duty. 

(2) Paragraph (1) applies to a member described in paragraph 

(1) or (2) of subsection (a) who, while being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in 

the line of duty, is continued on active duty pursuant to a modification or extension of orders, or is ordered to active duty, so as to result in active duty for a period of more than 30 days. 

(f)(1) At any time after the Secretary concerned notifies members of the Ready Reserve that the members are to be called or ordered to active duty for a period of more than 30 days, the administering Secretaries may provide to each such member any medical 

and dental screening and care that is necessary to ensure that the 

member meets the applicable medical and dental standards for deployment. 
559 § 1074b CH. 55—MEDICAL AND DENTAL CARE 

(2) The notification to members of the Ready Reserve described 

in paragraph (1) shall include notice that the members are eligible 

for screening and care under this section. 

(3) A member provided medical or dental screening or care 

under paragraph (1) may not be charged for the screening or care. 

(g)(1) The Secretary concerned may provide to any member of 

the Selected Reserve not described in subsection (d)(1) or (f), and 

to any member of the Individual Ready Reserve described in section 10144(b) of this title the medical and dental services specified 

in subsection (d)(1) if the Secretary determines that the receipt of 

such services by such member is necessary to ensure that the member meets applicable standards of medical and dental readiness. 

(2) Services may not be provided to a member under this subsection for a condition that is the result of the member’s own misconduct. 

(3) The services provided under this subsection shall be provided at no cost to the member. 

(h) Amounts available for operation and maintenance of a reserve component of the armed forces may be available for purposes 

of this section to ensure the medical and dental readiness of members of such reserve component. 

(Added Pub. L. 98–94, title X, Sec. 1012(a)(1), Sept. 24, 1983, 97 Stat. 664; amended Pub. L. 

98–525, title VI, Sec. 631(a)(1), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 98–557, Sec. 19(4), Oct. 

30, 1984, 98 Stat. 2869; Pub. L. 99–145, title XIII, Sec. 1303(a)(7), Nov. 8, 1985, 99 Stat. 739; 

Pub. L. 99–661, div. A, title VI, Sec. 604(a)(1), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 104–106, 

div. A, title VII, Secs. 702(a), 704(a), Feb. 10, 1996, 110 Stat. 371, 372; Pub. L. 105–85, div. 

A, title V, Sec. 513(a), Nov. 18, 1997, 111 Stat. 1730; Pub. L. 106–65, div. A, title V, Sec. 

578(i)(1), title VII, Sec. 705(b), Oct. 5, 1999, 113 Stat. 629, 683; Pub. L. 107–107, div. A, title 

V, Sec. 513(a), Dec. 28, 2001, 115 Stat. 1093; Pub. L. 108–106, title I, Sec. 1114, Nov. 6, 2003, 

117 Stat. 1216; Pub. L. 108–136, div. A, title VII, Sec. 701, Nov. 24, 2003, 117 Stat. 1525; Pub. 

L. 110–417, [div. A], title VII, Sec. 735(a), Oct. 14, 2008, 122 Stat. 4513.) 

§ 1074b. Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants 

for membership in, Senior ROTC 

(a) ELIGIBILITY.—Under joint regulations prescribed by the administering Secretaries, the following persons are, except as provided in subsection (c), entitled to the benefits described in subsection (b): 

(1) A cadet at the United States Military Academy, the 

United States Air Force Academy, or the Coast Guard Academy, and a midshipman at the United States Naval Academy, 

who incurs or aggravates an injury, illness, or disease in the 

line of duty. 

(2) A member of, and a designated applicant for membership in, the Senior Reserve Officers’ Training Corps who incurs 

or aggravates an injury, illness, or disease— 

(A) in the line of duty while performing duties under 

section 2109 of this title; 

(B) while traveling directly to or from the place at 

which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or 

(C) in the line of duty while remaining overnight immediately before the commencement of duties performed 

pursuant to section 2109 of this title or, while remaining 

overnight, between successive periods of performing duties 
§ 1074c CH. 55—MEDICAL AND DENTAL CARE 560 

pursuant to section 2109 of this title, at or in the vicinity 

of the site of the duties performed pursuant to section 

2109 of this title, if the site is outside reasonable commuting distance from the residence of the member or designated applicant. 

(b) BENEFITS.—A person eligible for benefits under subsection 

(a) for an injury, illness, or disease is entitled to— 

(1) the medical and dental care under this chapter that is 

appropriate for the treatment of the injury, illness, or disease 

until the injury, illness, disease, or any resulting disability 

cannot be materially improved by further hospitalization or 

treatment; and 

(2) meals during hospitalization. 

(c) EXCEPTION FOR GROSS NEGLIGENCE OR MISCONDUCT.—A 

person is not entitled to benefits under subsection (b) for an injury, 

illness, or disease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of 

that person. 

(Added Pub. L. 108–375, div. A, title V, Sec. 555(a)(1), Oct. 28, 2004, 118 Stat. 1913.) 

§ 1074c. Medical care: authority to provide a wig 

A person entitled to medical care under this chapter who has 

alopecia resulting from the treatment of a malignant disease may 

be furnished a wig if the person has not previously been furnished 

one at the expense of the United States. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(e)(2)(A), Oct. 19, 1984, 98 Stat. 2616, Sec. 1074b; 

renumbered Sec. 1074c, Pub. L. 102–190, div. A, title VI, Sec. 640(a)(1), Dec. 5, 1991, 105 Stat. 

1385.) 

§ 1074d. Certain primary and preventive health care services 

(a) SERVICES AVAILABLE.—(1) Female members and former 

members of the uniformed services entitled to medical care under 

section 1074 or 1074a of this title shall also be entitled to primary 

and preventive health care services for women as part of such medical care. The services described in paragraphs (1) and (2) of subsection (b) shall be provided under such procedures and at such intervals as the Secretary of Defense shall prescribe. 

(2) Male members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this 

title shall also be entitled to preventive health care screening for 

colon or prostate cancer at such intervals and using such screening 

methods as the administering Secretaries consider appropriate. 

(b) DEFINITION.—In this section, the term ‘‘primary and preventive health care services for women’’ means health care services, 

including related counseling services, provided to women with respect to the following: 

(1) Cervical cancer screening. 

(2) Breast cancer screening. 

(3) Comprehensive obstetrical and gynecological care, including care related to pregnancy and the prevention of pregnancy. 

(4) Infertility and sexually transmitted diseases, including 

prevention. 
561 § 1074f CH. 55—MEDICAL AND DENTAL CARE 

(5) Menopause, including hormone replacement therapy 

and counseling regarding the benefits and risks of hormone replacement therapy. 

(6) Physical or psychological conditions arising out of acts 

of sexual violence. 

(7) Gynecological cancers. 

(8) Colon cancer screening, at the intervals and using the 

screening methods prescribed under subsection (a)(2). 

(Added Pub. L. 103–160, div. A, title VII, Sec. 701(a)(1), Nov. 30, 1993, 107 Stat. 1685; amended 

Pub. L. 104–201, div. A, title VII, Sec. 701(a)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2587; Pub. 

L. 109–364, div. A, title VII, Sec. 703(a), Oct. 17, 2006, 120 Stat. 2279.) 

§ 1074e. Medical care: certain Reserves who served in 

Southwest Asia during the Persian Gulf Conflict 

(a) ENTITLEMENT TO MEDICAL CARE.—A member of the armed 

forces described in subsection (b) is entitled to medical care for a 

qualifying Persian Gulf symptom or illness to the same extent and 

under the same conditions (other than the requirement that the 

member be on active duty) as a member of a uniformed service who 

is entitled to such care under section 1074(a) of this title. 

(b) COVERED MEMBERS.—Subsection (a) applies to a member of 

a reserve component who— 

(1) is a Persian Gulf veteran; 

(2) has a qualifying Persian Gulf symptom or illness; and 

(3) is not otherwise entitled to medical care for such symptom or illness under this chapter and is not otherwise eligible 

for hospital care and medical services for such symptom or illness under section 1710 of title 38. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Persian Gulf veteran’’ means a member of 

the armed forces who served on active duty in the Southwest 

Asia theater of operations during the Persian Gulf Conflict. 

(2) The term ‘‘qualifying Persian Gulf symptom or illness’’ 

means, with respect to a member described in subsection (b), 

a symptom or illness— 

(A) that the member registered before September 1, 

1997, in the Comprehensive Clinical Evaluation Program 

of the Department of Defense and that is presumed under 

section 721(d) of the National Defense Authorization Act 

for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result 

of service in the Southwest Asia theater of operations during the Persian Gulf Conflict; or 

(B) that the member registered before September 1, 

1997, in the Persian Gulf War Veterans Health Registry 

maintained by the Department of Veterans Affairs pursuant to section 702 of the Persian Gulf War Veterans’ 

Health Status Act (38 U.S.C. 527 note). 

(Added Pub. L. 105–85, div. A, title VII, Sec. 764(a), Nov. 18, 1997, 111 Stat. 1825.) 

§ 1074f. Medical tracking system for members deployed 

overseas 

(a) SYSTEM REQUIRED.—The Secretary of Defense shall establish a system to assess the medical condition of members of the 

armed forces (including members of the reserve components) who 
§ 1074f CH. 55—MEDICAL AND DENTAL CARE 562 

are deployed outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian 

operation, peacekeeping operation, or similar operation) or combat 

operation. 

(b) ELEMENTS OF SYSTEM.—(1)(A) The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including the assessment of mental health and the drawing of blood samples) and 

postdeployment health reassessments to— 

(i) accurately record the health status of members before 

their deployment; 

(ii) accurately record any changes in their health status 

during the course of their deployment; and 

(iii) identify health concerns, including mental health concerns, that may become manifest several months following 

their deployment. 

(B) The postdeployment medical examination shall be conducted when the member is redeployed or otherwise leaves an area 

in which the system is in operation (or as soon as possible thereafter). 

(C) The postdeployment health reassessment shall be conducted at an appropriate time during the period beginning 90 days 

after the member is redeployed and ending 180 days after the 

member is redeployed. 

(2) The predeployment medical examination, postdeployment 

medical examination, and postdeployment health reassessment of a 

member of the armed forces required under paragraph (1) shall include the following: 

(A) An assessment of the current treatment of the member 

and any use of psychotropic medications by the member for a 

mental health condition or disorder. 

(B) An assessment of traumatic brain injury. 

(C) An assessment of post-traumatic stress disorder. 

(3)(A) The Secretary shall establish for purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for the predeployment assessment and documentation of the cognitive (including 

memory) functioning of a member who is deployed outside the 

United States in order to facilitate the assessment of the 

postdeployment cognitive (including memory) functioning of the 

member. 

(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic 

brain injury in members returning from deployment in a combat 

zone. 

(c) RECORDKEEPING.—The results of all medical examinations 

and reassessments conducted under the system, records of all 

health care services (including immunizations and the prescription 

and administration of psychotropic medications) received by members described in subsection (a) in anticipation of their deployment 

or during the course of their deployment, and records of events occurring in the deployment area that may affect the health of such 

members shall be retained and maintained in a centralized location 

to improve future access to the records. 
563 § 1074f CH. 55—MEDICAL AND DENTAL CARE 

(d) QUALITY ASSURANCE.—(1) The Secretary of Defense shall 

establish a quality assurance program to evaluate the success of 

the system in ensuring that members described in subsection (a) 

receive predeployment medical examinations, postdeployment medical examinations, and postdeployment health reassessments and 

that the recordkeeping requirements with respect to the system are 

met. 

(2) The quality assurance program established under paragraph (1) shall also include the following elements: 

(A) The types of healthcare providers conducting postdeployment health assessments and reassessments. 

(B) The training received by such providers applicable to 

the conduct of such assessments and reassessments, including 

training on assessments and referrals relating to mental 

health. 

(C) The guidance available to such providers on how to 

apply the clinical practice guidelines developed under subsection (e)(1) in determining whether to make a referral for 

further evaluation of a member of the armed forces relating to 

mental health. 

(D) The effectiveness of the tracking mechanisms required 

under this section in ensuring that members who receive referrals for further evaluations relating to mental health receive 

such evaluations and obtain such care and services as are warranted. 

(E) Programs established for monitoring the mental health 

of each member who, after deployment to a combat operation 

or contingency operations, is known— 

(i) to have a mental health condition or disorder; or 

(ii) to be receiving treatment, including psychotropic 

medications, for a mental health condition or disorder. 

(F) The diagnosis and treatment of traumatic brain injury 

and post-traumatic stress disorder. 

(e) CRITERIA FOR REFERRAL FOR FURTHER EVALUATIONS.—The 

system described in subsection (a) shall include— 

(1) development of clinical practice guidelines to be utilized 

by healthcare providers in determining whether to refer a 

member of the armed forces for further evaluation relating to 

mental health (including traumatic brain injury); 

(2) mechanisms to ensure that healthcare providers are 

trained in the application of such clinical practice guidelines; 

and 

(3) mechanisms for oversight to ensure that healthcare 

providers apply such guidelines consistently. 

(f) MINIMUM STANDARDS FOR DEPLOYMENT.—(1) The Secretary 

of Defense shall prescribe in regulations minimum standards for 

mental health for the eligibility of a member of the armed forces 

for deployment to a combat operation or contingency operation. 

(2) The standards required by paragraph (1) shall include the 

following: 

(A) A specification of the mental health conditions, treatment for such conditions, and receipt of psychotropic medications for such conditions that preclude deployment of a mem-
§ 1074g CH. 55—MEDICAL AND DENTAL CARE 564 

ber of the armed forces to a combat operation or contingency 

operation, or to a specified type of such operation. 

(B) Guidelines for the deployability and treatment of members of the armed forces diagnosed with a severe mental illness, traumatic brain injury, or post traumatic stress disorder. 

(3) The Secretary shall take appropriate actions to ensure the 

utilization of the standards prescribed under paragraph (1) in the 

making of determinations regarding the deployability of members 

of the armed forces to a combat operation or contingency operation. 

(Added Pub. L. 105–85, div. A, title VII, Sec. 765(a)(1), Nov. 18, 1997, 111 Stat. 1826; amended 

Pub. L. 109–364, div. A, title VII, Sec. 738(a)–(d), Oct. 17, 2006, 120 Stat. 2303, 2304; Pub. L. 

110–181, div. A, title XVI, Sec. 1673(a)(1), (b), (c), Jan. 28, 2008, 122 Stat. 482, 483; Pub. L. 

111–84, div. A, title X, Sec. 1073(a)(9), Oct. 28, 2009, 123 Stat. 2472; Pub. L. 111–383, div. A, 

title VII, Sec. 712, Jan. 7, 2011, 124 Stat. 4247.) 

§ 1074g. Pharmacy benefits program 

(a) PHARMACY BENEFITS.—(1) The Secretary of Defense, after 

consulting with the other administering Secretaries, shall establish 

an effective, efficient, integrated pharmacy benefits program under 

this chapter (hereinafter in this section referred to as the ‘‘pharmacy benefits program’’). 

(2)(A) The pharmacy benefits program shall include a uniform 

formulary of pharmaceutical agents, which shall assure the availability of pharmaceutical agents in the complete range of therapeutic classes. The selection for inclusion on the uniform formulary 

of particular pharmaceutical agents in each therapeutic class shall 

be based on the relative clinical and cost effectiveness of the agents 

in such class. 

(B) In considering the relative clinical effectiveness of agents 

under subparagraph (A), the Secretary shall presume inclusion in 

a therapeutic class of a pharmaceutical agent, unless the Pharmacy 

and Therapeutics Committee established under subsection (b) finds 

that a pharmaceutical agent does not have a significant, clinically 

meaningful therapeutic advantage in terms of safety, effectiveness, 

or clinical outcome over the other drugs included on the uniform 

formulary. 

(C) In considering the relative cost effectiveness of agents 

under subparagraph (A), the Secretary shall rely on the evaluation 

by the Pharmacy and Therapeutics Committee of the costs of 

agents in a therapeutic class in relation to the safety, effectiveness, 

and clinical outcomes of such agents. 

(D) The Secretary shall establish procedures for the selection 

of particular pharmaceutical agents for the uniform formulary. 

Such procedures shall be established so as best to accomplish, in 

the judgment of the Secretary, the objectives set forth in paragraph 

(1). No pharmaceutical agent may be excluded from the uniform 

formulary except upon the recommendation of the Pharmacy and 

Therapeutics Committee. The Secretary shall begin to implement 

the uniform formulary not later than October 1, 2000. 

(E) Pharmaceutical agents included on the uniform formulary 

shall be available to eligible covered beneficiaries through— 

(i) facilities of the uniformed services, consistent with the 

scope of health care services offered in such facilities and additional determinations by the Pharmacy and Therapeutics Com-
565 § 1074g CH. 55—MEDICAL AND DENTAL CARE 

mittee of the relative clinical and cost effectiveness of the 

agents; 

(ii) retail pharmacies designated or eligible under the 

TRICARE program or the Civilian Health and Medical Program of the Uniformed Services to provide pharmaceutical 

agents to covered beneficiaries; or 

(iii) the national mail-order pharmacy program. 

(3) The pharmacy benefits program shall assure the availability of clinically appropriate pharmaceutical agents to members 

of the armed forces, including, where appropriate, agents not included on the uniform formulary described in paragraph (2). 

(4) The pharmacy benefits program may provide that prior authorization be required for certain pharmaceutical agents to assure 

that the use of such agents is clinically appropriate. 

(5) The pharmacy benefits program shall assure the availability to eligible covered beneficiaries of pharmaceutical agents 

not included on the uniform formulary. Such pharmaceutical 

agents shall be available through at least one of the means described in paragraph (2)(E) under terms and conditions that may 

include cost sharing by the eligible covered beneficiary in addition 

to any such cost sharing applicable to agents on the uniform formulary. 

(6)(A) The Secretary, in the regulations prescribed under subsection (g), may establish cost sharing requirements (which may be 

established as a percentage or fixed dollar amount) under the pharmacy benefits program for generic, formulary, and nonformulary 

agents. For nonformulary agents, cost sharing shall be consistent 

with common industry practice and not in excess of amounts generally comparable to 20 percent for beneficiaries covered by section 

1079 of this title or 25 percent for beneficiaries covered by section 

1086 of this title. 

(B) For a medicare-eligible beneficiary, the cost-sharing requirements may not be in excess of the cost-sharing requirements 

applicable to all other beneficiaries covered by section 1086 of this 

title. For purposes of the preceding sentence, a medicare-eligible 

beneficiary is a beneficiary eligible for health benefits under section 

1086 of this title pursuant to subsection (d)(2) of such section. 

(7) The Secretary shall establish procedures for eligible covered 

beneficiaries to receive pharmaceutical agents that are not included 

on the uniform formulary but that are considered to be clinically 

necessary. Such procedures shall include peer review procedures 

under which the Secretary may determine that there is a clinical 

justification for the use of a pharmaceutical agent that is not on 

the uniform formulary, in which case the pharmaceutical agent 

shall be provided under the same terms and conditions as an agent 

on the uniform formulary. Such procedures shall also include an 

expeditious appeals process for an eligible covered beneficiary, or a 

network or uniformed provider on behalf of the beneficiary, to establish clinical justification for the use of a pharmaceutical agent 

that is not on the uniform formulary. 

(8) In carrying out this subsection, the Secretary shall ensure 

that an eligible covered beneficiary may continue to receive coverage for any maintenance pharmaceutical that is not on the uniform formulary and that was prescribed for the beneficiary before 
§ 1074g CH. 55—MEDICAL AND DENTAL CARE 566 

October 5, 1999, and stabilized the medical condition of the beneficiary. 

(b) ESTABLISHMENT OF COMMITTEE.—(1) The Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish a Pharmacy and Therapeutics Committee for 

the purpose of developing the uniform formulary of pharmaceutical 

agents required by subsection (a), reviewing such formulary on a 

periodic basis, and making additional recommendations regarding 

the formulary as the committee determines necessary and appropriate. The committee shall include representatives of pharmacies 

of the uniformed services facilities, contractors responsible for the 

TRICARE retail pharmacy program, contractors responsible for the 

national mail-order pharmacy program, providers in facilities and 

representatives of providers in facilities of the uniformed services. 

Committee members shall have expertise in treating the medical 

needs of the populations served through such entities and in the 

range of pharmaceutical and biological medicines available for 

treating such populations. The committee shall function under procedures established by the Secretary under the regulations prescribed under subsection (g). 

(2) Not later than 90 days after the establishment of the Pharmacy and Therapeutics Committee by the Secretary, the committee 

shall convene to design a proposed uniform formulary for submission to the Secretary. After such 90-day period, the committee shall 

meet at least quarterly and shall, during meetings, consider for inclusion on the uniform formulary under the standards established 

in subsection (a) any drugs newly approved by the Food and Drug 

Administration. 

(c) ADVISORY PANEL.—(1) Concurrent with the establishment of 

the Pharmacy and Therapeutics Committee under subsection (b), 

the Secretary shall establish a Uniform Formulary Beneficiary Advisory Panel to review and comment on the development of the uniform formulary. The Secretary shall consider the comments of the 

panel before implementing the uniform formulary or implementing 

changes to the uniform formulary. 

(2) The Secretary shall determine the size and membership of 

the panel established under paragraph (1), which shall include 

members that represent— 

(A) nongovernmental organizations and associations that 

represent the views and interests of a large number of eligible 

covered beneficiaries; 

(B) contractors responsible for the TRICARE retail pharmacy program; 

(C) contractors responsible for the national mail-order 

pharmacy program; and 

(D) TRICARE network providers. 

(d) PROCEDURES.—(1) In the operation of the pharmacy benefits program under subsection (a), the Secretary of Defense shall 

assure through management and new contractual arrangements 

that financial resources are aligned such that the cost of prescriptions is borne by the organization that is financially responsible for 

the health care of the eligible covered beneficiary. 

(2) Effective not later than April 5, 2000, the Secretary shall 

use a modification to the bid price adjustment methodology in the 
567 § 1074h CH. 55—MEDICAL AND DENTAL CARE 

current managed care support contracts to ensure equitable and 

timely reimbursement to the TRICARE managed care support contractors for pharmaceutical products delivered in the nonmilitary 

environments. The methodology shall take into account the ‘‘atrisk’’ nature of the contracts as well as managed care support contractor pharmacy costs attributable to changes to pharmacy service 

or formulary management at military medical treatment facilities, 

and other military activities and policies that affect costs of pharmacy benefits provided through the Civilian Health and Medical 

Program of the Uniformed Services. The methodology shall also account for military treatment facility costs attributable to the delivery of pharmaceutical products in the military facility environment 

which were prescribed by a network provider. 

(e) PHARMACY DATA TRANSACTION SERVICE.—The Secretary of 

Defense shall implement the use of the Pharmacy Data Transaction Service in all fixed facilities of the uniformed services under 

the jurisdiction of the Secretary, in the TRICARE retail pharmacy 

program, and in the national mail-order pharmacy program. 

(f) PROCUREMENT OF PHARMACEUTICALS BY TRICARE RETAIL

PHARMACY PROGRAM.—With respect to any prescription filled after 

January 28, 2008, the TRICARE retail pharmacy program shall be 

treated as an element of the Department of Defense for purposes 

of the procurement of drugs by Federal agencies under section 8126 

of title 38 to the extent necessary to ensure that pharmaceuticals 

paid for by the Department of Defense that are provided by pharmacies under the program to eligible covered beneficiaries under 

this section are subject to the pricing standards in such section 

8126. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible covered beneficiary’’ means a covered 

beneficiary for whom eligibility to receive pharmacy benefits 

through the means described in subsection (a)(2)(E) is established under this chapter or another provision of law. 

(2) The term ‘‘pharmaceutical agent’’ means drugs, biological products, and medical devices under the regulatory authority of the Food and Drug Administration. 

(h) REGULATIONS.—The Secretary of Defense shall, after consultation with the other administering Secretaries, prescribe regulations to carry out this section. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 701(a)(1), Oct. 5, 1999, 113 Stat. 677; amended 

Pub. L. 106–398 [[div. A], title X, Sec. 1087(a)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; 

Pub. L. 107–107, div. A, title X, Sec. 1048(c)(4), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108– 

136, div. A, title VII, Sec. 725, Nov. 24, 2003, 117 Stat. 1535; Pub. L. 108–375, div. A, title VII, 

Sec. 714, Oct. 28, 2004, 118 Stat. 1985; Pub. L. 110–181, div. A, title VII, Sec. 703(a), Jan. 28, 

2008, 122 Stat. 188; Pub. L. 111–84, div. A, title X, Sec. 1073(a)(10), Oct. 28, 2009, 123 Stat. 

2473.) 

§ 1074h. Medical and dental care: medal of honor recipients; 

dependents 

(a) MEDAL OF HONOR RECIPIENTS.—A former member of the 

armed forces who is a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter 

may, upon request, be given medical and dental care provided by 

the administering Secretaries in the same manner as if entitled to 

retired pay. 
§ 1074i CH. 55—MEDICAL AND DENTAL CARE 568 

(b) IMMEDIATE DEPENDENTS.—A person who is an immediate 

dependent of a Medal of Honor recipient and who is not otherwise 

entitled to medical and dental benefits under this chapter may, 

upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if the Medal of 

Honor recipient were, or (if deceased) was at the time of death, entitled to retired pay. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Medal of Honor recipient’’ means a person 

who has been awarded a medal of honor under section 3741, 

6241, or 8741 of this title or section 491 of title 14. 

(2) The term ‘‘immediate dependent’’ means a dependent 

described in subparagraph (A), (B), (C), or (D) of section 

1072(2) of this title. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 706(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–175.) 

§ 1074i. Reimbursement for certain travel expenses 

(a) IN GENERAL.—In any case in which a covered beneficiary 

is referred by a primary care physician to a specialty care provider 

who provides services more than 100 miles from the location in 

which the primary care provider provides services to the covered 

beneficiary, the Secretary of Defense shall provide reimbursement 

for reasonable travel expenses for the covered beneficiary and, 

when accompaniment by an adult is necessary, for a parent or 

guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age. 

(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEPTIONAL CIRCUMSTANCES.—The Secretary of Defense may provide reimbursement for reasonable travel expenses of travel of members of the 

armed forces on active duty and their dependents, and accompaniment, to a specialty care provider not otherwise authorized by subsection (a) under such exceptional circumstances as the Secretary 

considers appropriate for purposes of this section. 

(c) OUTREACH PROGRAM AND TRAVEL REIMBURSEMENT FOR

FOLLOW-ON SPECIALTY CARE AND RELATED SERVICES.—The Secretary concerned shall ensure that an outreach program is implemented for each member of the uniformed services who incurred a 

combat-related disability and is entitled to retired or retainer pay, 

or equivalent pay, so that— 

(1) the progress of the member is closely monitored; and 

(2) the member receives the travel reimbursement authorized by subsection (a) whenever the member requires follow-on 

specialty care, services, or supplies. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘specialty care provider’’ includes a dental 

specialist. 

(2) The term ‘‘dental specialist’’ means an oral surgeon, orthodontist, prosthodontist, periodontist, endodontist, or pediatric dentist, and includes such other providers of dental care 

and services as determined appropriate by the Secretary of Defense. 

(3) The term ‘‘combat-related disability’’ has the meaning 

given that term in section 1413a of this title. 
569 § 1074l CH. 55—MEDICAL AND DENTAL CARE 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 758(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–199; amended Pub. L. 107–107, div. A, title VII, Sec. 706, Dec. 28, 2001, 115 Stat. 1163; 

Pub. L. 108–136, div. A, title VII, Sec. 712, Nov. 24, 2003, 117 Stat. 1530; Pub. L. 110–181, 

div. A, title XVI, Sec. 1632(a), (b), Jan. 28, 2008, 122 Stat. 458, 459; Pub. L. 111–84, div. A, 

title VI, Sec. 634, Oct. 28, 2009, 123 Stat. 2363.) 

§ 1074j. Sub-acute care program 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section as 

the ‘‘program’’). Except as otherwise provided in this section, the 

types of health care authorized under the program shall be the 

same as those provided under section 1079 of this title. The Secretary, after consultation with the other administering Secretaries, 

shall promulgate regulations to carry out this section. 

(b) BENEFITS.—(1) The program shall include a uniform skilled 

nursing facility benefit that shall be provided in the manner and 

under the conditions described in section 1861 (h) and (i) of the Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the limitation on the number of days of coverage under section 1812 (a) 

and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not be applicable under the program. Skilled nursing facility care for each spell 

of illness shall continue to be provided for as long as medically necessary and appropriate. 

(2) In this subsection: 

(A) The term ‘‘skilled nursing facility’’ has the meaning 

given such term in section 1819(a) of the Social Security Act 

(42 U.S.C. 1395i–3(a)). 

(B) The term ‘‘spell of illness’’ has the meaning given such 

term in section 1861(a) of such Act (42 U.S.C. 1395x(a)). 

(3) The program shall include a comprehensive, part-time or 

intermittent home health care benefit that shall be provided in the 

manner and under the conditions described in section 1861(m) of 

the Social Security Act (42 U.S.C. 1395x(m)). 

(4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home health care benefits for 

covered beneficiaries who were receiving such benefits before the 

establishment of the program under this section. The actions taken 

under this paragraph may include the continuation of such benefits 

on an extended basis for such time as the Secretary determines appropriate. 

(Added Pub. L. 107–107, div. A, title VII, Sec. 701(a)(1), Dec. 28, 2001, 115 Stat. 1158; amended 

Pub. L. 108–375, div. A, title VII, Sec. 713, Oct. 28, 2004, 118 Stat. 1985.) 

§ 1074k. Long-term care insurance 

Provisions regarding long-term care insurance for members 

and certain former members of the uniformed services and their 

families are set forth in chapter 90 of title 5. 

(Added Pub. L. 107–107, div. A, title VII, Sec. 701(f)(1), Dec. 28, 2001, 115 Stat. 1161.) 

§ 1074l. Notification to Congress of hospitalization of combat wounded members 

(a) NOTIFICATION REQUIRED.—The Secretary concerned shall 

provide notification of the hospitalization of any member of the 
[§ 1075 CH. 55—MEDICAL AND DENTAL CARE 570 

armed forces evacuated from a theater of combat and admitted to 

a military treatment facility within the United States to the appropriate Members of Congress. 

(b) APPROPRIATE MEMBERS.—In this section, the term ‘‘appropriate Members of Congress’’, with respect to the member of the 

armed forces about whom notification is being made, means the 

Senators representing the State, and the Member, Delegate, or 

Resident Commissioner of the House of Representatives representing the district, that includes the member’s home of record 

or a different location as provided by the member. 

(c) CONSENT OF MEMBER REQUIRED.—The notification under 

subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In 

the case of a member who is unable to provide consent, information 

and consent may be provided by next of kin. 

(Added Pub. L. 110–181, div. A, title XVI, Sec. 1617(a)(1), Jan. 28, 2008, 122 Stat. 449.) 

[§ 1075. Repealed. Pub. L. 108–375, div. A, title VI, Sec. 

607(a)(1), Oct. 28, 2004, 118 Stat. 1946] 

§ 1076. Medical and dental care for dependents: general rule 

(a)(1) A dependent described in paragraph (2) is entitled, upon 

request, to the medical and dental care prescribed by section 1077 

of this title in facilities of the uniformed services, subject to the 

availability of space and facilities and the capabilities of the medical and dental staff. 

(2) A dependent referred to in paragraph (1) is a dependent of 

a member of a uniformed service described in one of the following 

subparagraphs: 

(A) A member who is on active duty for a period of more 

than 30 days or died while on that duty. 

(B) A member who died from an injury, illness, or disease 

incurred or aggravated— 

(i) while the member was on active duty under a call 

or order to active duty of 30 days or less, on active duty 

for training, or on inactive-duty training; or 

(ii) while the member was traveling to or from the 

place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training. 

(C) A member who died from an injury, illness, or disease 

incurred or aggravated in the line of duty while the member 

remained overnight immediately before the commencement of 

inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at 

or in the vicinity of the site of the inactive-duty training. 

(D) A member on active duty who is entitled to benefits 

under subsection (e) of section 1074a of this title by reason of 

paragraph (1), (2), or (3) of subsection (a) of such section. 

(E) A member who died from an injury, illness, or disease 

incurred or aggravated while the member— 

(i) was serving on funeral honors duty under section 

12503 of this title or section 115 of title 32; 
571 § 1076 CH. 55—MEDICAL AND DENTAL CARE 

(ii) was traveling to or from the place at which the 

member was to so serve; or 

(iii) remained overnight at or in the vicinity of that 

place immediately before so serving, if the place is outside 

reasonable commuting distance from the member’s residence. 

(b) Under regulations to be prescribed jointly by the administering Secretaries, a dependent of a member or former member— 

(1) who is, or (if deceased) was at the time of his death, 

entitled to retired or retainer pay or equivalent pay; or 

(2) who died before attaining age 60 and at the time of his 

death would have been eligible for retired pay under chapter 

1223 of this title (or under chapter 67 of this title as in effect 

before December 1, 1994) but for the fact that he was under 

60 years of age; 

may, upon request, be given the medical and dental care prescribed 

by section 1077 of this title in facilities of the uniformed services, 

subject to the availability of space and facilities and the capabilities 

of the medical and dental staff, except that a dependent of a member or former member described in paragraph (2) may not be given 

such medical or dental care until the date on which such member 

or former member would have attained age 60. 

(c) A determination by the medical or dental officer in charge, 

or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical 

and dental staff is conclusive. Care under this section may not be 

permitted to interfere with the primary mission of those facilities. 

(d) To utilize more effectively the medical and dental facilities 

of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a 

uniformed service other than that of the member. 

(e)(1) Subject to paragraph (3), the administering Secretary 

shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that 

the abused dependent is in receipt of transitional compensation 

under section 1059 of this title, with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were 

applicable for that abused dependent during the period of active 

service of the former member. 

(2) Subject to paragraph (3), upon request of any dependent of 

a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse 

health condition resulting from such dependent’s knowledge of (A) 

the abuse, or (B) any injury or illness suffered by the abused person as a result of such abuse. 

(3) Medical and dental care furnished to a dependent of a 

former member of the uniformed services in facilities of the uniformed services under paragraph (1) or (2)— 
§ 1076a CH. 55—MEDICAL AND DENTAL CARE 572 

(A) shall be limited to the health care prescribed by section 

1077 of this title; and 

(B) shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff. 

(4)(A) A former member of a uniformed service referred to in 

paragraph (1) is a member who— 

(i) received a dishonorable or bad-conduct discharge or was 

dismissed from a uniformed service as a result of a court-martial conviction for an offense, under either military or civil law, 

involving abuse of a dependent of the member; or 

(ii) was administratively discharged from a uniformed 

service as a result of such an offense. 

(B) A determination of whether an offense involved abuse of a 

dependent of the member shall be made in accordance with regulations prescribed by the administering Secretary for such uniformed 

service. 

(f)(1) The administering Secretaries shall furnish an eligible 

dependent a physical examination that is required by a school in 

connection with the enrollment of the dependent as a student in 

that school. 

(2) A dependent is eligible for a physical examination under 

paragraph (1) if the dependent— 

(A) is entitled to receive medical care under subsection (a) 

or is authorized to receive medical care under subsection (b); 

and 

(B) is at least 5 years of age and less than 12 years of age. 

(3) Nothing in paragraph (2) may be construed to prohibit the 

furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under 

that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; amended Pub. L. 89–614, 

Sec. 2(3), Sept. 30, 1966, 80 Stat. 862; Pub. L. 95–397, title III, Sec. 301, Sept. 30, 1978, 92 

Stat. 849; Pub. L. 96–513, title V, Sec. 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–252, 

title X, Sec. 1004(b), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98–557, Sec. 19(5), Oct. 30, 1984, 98 

Stat. 2869; Pub. L. 99–145, title VI, Sec. 652(a), Nov. 8, 1985, 99 Stat. 656; Pub. L. 99–661, 

div. A, title VI, Sec. 604(f)(1)(C), 652(c), Nov. 14, 1986, 100 Stat. 3877, 3889; Pub. L. 100–456, 

div. A, title VI, Sec. 651(a), Sept. 29, 1988, 102 Stat. 1990; Pub. L. 101–189, div. A, title VI, 

Sec. 653(a)(4), title VII, Sec. 731(c)(1), Nov. 29, 1989, 103 Stat. 1462, 1482; Pub. L. 103–337, 

div. A, title VII, Sec. 704(a), (b), title XVI, Sec. 1671(c)(7)(A), Oct. 5, 1994, 108 Stat. 2798, 2799, 

3014; Pub. L. 104–106, div. A, title VII, Sec. 703, title XV, Sec. 1501(c)(11), Feb. 10, 1996, 110 

Stat. 372, 499; Pub. L. 105–85, div. A, title V, Sec. 513(b), title X, Sec. 1073(d)(1)(D), Nov. 18, 

1997, 111 Stat. 1730, 1905; Pub. L. 105–261, div. A, title VII, Sec. 732, Oct. 17, 1998, 112 Stat. 

2071; Pub. L. 106–65, div. A, title V, Sec. 578(i)(2), title VII, Sec. 705(c), Oct. 5, 1999, 113 Stat. 

629, 684; Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 703], Oct. 30, 2000, 114 Stat. 1654, 

1654A–174; Pub. L. 107–107, div. A, title V, Sec. 513(a), Dec. 28, 2001, 115 Stat. 1093.) 

§ 1076a. TRICARE dental program 

(a) ESTABLISHMENT OF DENTAL PLANS.—The Secretary of Defense may establish, and in the case of the dental plan described 

in paragraph (1) shall establish, the following voluntary enrollment 

dental plans: 

(1) PLAN FOR SELECTED RESERVE AND INDIVIDUAL READY

RESERVE.—A dental insurance plan for members of the Selected Reserve of the Ready Reserve and for members of the 

Individual Ready Reserve described in subsection 10144(b) of 

this title. 
573 § 1076a CH. 55—MEDICAL AND DENTAL CARE 

(2) PLAN FOR OTHER RESERVES.—A dental insurance plan 

for members of the Individual Ready Reserve not eligible to enroll in the plan established under paragraph (1). 

(3) PLAN FOR ACTIVE DUTY DEPENDENTS.—Dental benefits 

plans for eligible dependents of members of the uniformed 

services who are on active duty for a period of more than 30 

days. 

(4) PLAN FOR READY RESERVE DEPENDENTS.—A dental benefits plan for eligible dependents of members of the Ready Reserve of the reserve components who are not on active duty for 

more than 30 days. 

(b) ADMINISTRATION OF PLANS.—The plans established under 

this section shall be administered under regulations prescribed by 

the Secretary of Defense in consultation with the other administering Secretaries. 

(c) CARE AVAILABLE UNDER PLANS.—Dental plans established 

under subsection (a) may provide for the following dental care: 

(1) Diagnostic, oral examination, and preventive services 

and palliative emergency care. 

(2) Basic restorative services of amalgam and composite 

restorations, stainless steel crowns for primary teeth, and dental appliance repairs. 

(3) Orthodontic services, crowns, gold fillings, bridges, complete or partial dentures, and such other services as the Secretary of Defense considers to be appropriate. 

(d) PREMIUMS.— 

(1) PREMIUM SHARING PLANS.—(A) The dental insurance 

plan established under subsection (a)(1) and the dental benefits plans established under subsection (a)(3) are premium 

sharing plans. 

(B) Members enrolled in a premium sharing plan for themselves or for their dependents shall be required to pay a share 

of the premium charged for the benefits provided under the 

plan. The member’s share of the premium charge may not exceed $20 per month for the enrollment. 

(C) Effective as of January 1 of each year, the amount of 

the premium required under subparagraph (A) shall be increased by the percent equal to the lesser of— 

(i) the percent by which the rates of basic pay of members of the uniformed services are increased on such date; 

or 

(ii) the sum of one-half percent and the percent computed under section 5303(a) of title 5 for the increase in 

rates of basic pay for statutory pay systems for pay periods 

beginning on or after such date. 

(D) The Secretary of Defense may reduce the monthly premium required to be paid under paragraph (1) in the case of 

enlisted members in pay grade E–1, E–2, E–3, or E–4 if the 

Secretary determines that such a reduction is appropriate to 

assist such members to participate in a dental plan referred to 

in subparagraph (A). 

(2) FULL PREMIUM PLANS.—(A) The dental insurance plan 

established under subsection (a)(2) and the dental benefits 
§ 1076a CH. 55—MEDICAL AND DENTAL CARE 574 

plan established under subsection (a)(4) are full premium 

plans. 

(B) Members enrolled in a full premium plan for themselves or for their dependents shall be required to pay the entire premium charged for the benefits provided under the plan. 

(3) PAYMENT PROCEDURES.—A member’s share of the premium for a plan established under subsection (a) may be paid 

by deductions from the basic pay of the member and from compensation paid under section 206 of title 37, as the case may 

be. The regulations prescribed under subsection (b) shall specify the procedures for payment of the premiums by enrollees 

who do not receive such pay. 

(e) COPAYMENTS UNDER PREMIUM SHARING PLANS.—(1) Except 

as provided pursuant to paragraph (2), a member or dependent 

who receives dental care under a premium sharing plan referred to 

in subsection (d)(1) shall— 

(A) in the case of care described in subsection (c)(1), pay 

no charge for the care; 

(B) in the case of care described in subsection (c)(2), pay 

20 percent of the charges for the care; and 

(C) in the case of care described in subsection (c)(3), pay 

a percentage of the charges for the care that is determined appropriate by the Secretary of Defense, after consultation with 

the other administering Secretaries. 

(2)(A) During a national emergency declared by the President 

or Congress and subject to regulations prescribed by the Secretary 

of Defense, the Secretary may waive, in whole or in part, the 

charges otherwise payable by a member of the Selected Reserve of 

the Ready Reserve or a member of the Individual Ready Reserve 

under paragraph (1) for the coverage of the member alone under 

the dental insurance plan established under subsection (a)(1) if the 

Secretary determines that such waiver of the charges would facilitate or ensure the readiness of a unit or individual for deployment. 

(B) The waiver under subparagraph (A) may apply only with 

respect to charges for coverage of dental care required for readiness. 

(f) TRANSFER OF MEMBERS.—If a member whose dependents 

are enrolled in the plan established under subsection (a)(3) is 

transferred to a duty station where dental care is provided to the 

member’s eligible dependents under a program other than that 

plan, the member may discontinue participation under the plan. If 

the member is later transferred to a duty station where dental care 

is not provided to such member’s eligible dependents except under 

the plan established under subsection (a)(3), the member may reenroll the dependents in that plan. 

(g) CARE OUTSIDE THE UNITED STATES.—The Secretary of Defense may exercise the authority provided under subsection (a) to 

establish dental insurance plans and dental benefits plans for dental benefits provided outside the United States for the eligible 

members and dependents of members of the uniformed services. In 

the case of such an overseas dental plan, the Secretary may waive 

or reduce any copayments required by subsection (e) to the extent 

the Secretary determines appropriate for the effective and efficient 

operation of the plan. 
575 § 1076a CH. 55—MEDICAL AND DENTAL CARE 

(h) WAIVER OF REQUIREMENTS FOR SURVIVING DEPENDENTS.— 

The Secretary of Defense may waive (in whole or in part) any requirements of a dental plan established under this section as the 

Secretary determines necessary for the effective administration of 

the plan for a dependent who is an eligible dependent described in 

subsection (k)(2). 

(i) AUTHORITY SUBJECT TO APPROPRIATIONS.—The authority of 

the Secretary of Defense to enter into a contract under this section 

for any fiscal year is subject to the availability of appropriations for 

that purpose. 

(j) LIMITATION ON REDUCTION OF BENEFITS.—The Secretary of 

Defense may not reduce benefits provided under a plan established 

under this section until— 

(1) the Secretary provides notice of the Secretary’s intent 

to reduce such benefits to the Committees on Armed Services 

of the Senate and the House of Representatives; and 

(2) one year has elapsed following the date of such notice. 

(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this section, the 

term ‘‘eligible dependent’’ means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title. 

(2) Such term includes any such dependent of a member who 

dies— 

(A) while on active duty for a period of more than 30 days; 

or 

(B) while such member is a member of the Ready Reserve. 

(3) Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the 

date of the member’s death, except that, in the case of a dependent 

of the deceased who is described by subparagraph (D) or (I) of section 1072(2) of this title, the period of continued eligibility shall be 

the longer of the following periods beginning on such date: 

(A) Three years. 

(B) The period ending on the date on which such dependent attains 21 years of age. 

(C) In the case of such dependent who, at 21 years of age, 

is enrolled in a full-time course of study in a secondary school 

or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at 

the time of the member’s death, in fact dependent on the member for over one-half of such dependent’s support, the period 

ending on the earlier of the following dates: 

(i) The date on which such dependent ceases to pursue 

such a course of study, as determined by the administering 

Secretary. 

(ii) The date on which such dependent attains 23 years 

of age. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 711(a), Oct. 5, 1999, 113 Stat. 685; amended Pub. 

L. 106–398, Sec. 1[[div. A], title VII, Sec. 704(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–174; Pub. 

L. 107–314, div. A, title VII, Sec. 703, Dec. 2, 2002, 116 Stat. 2584; Pub. L. 108–375, div. A, 

title VII, Sec. 711, Oct. 28, 2004, 118 Stat. 1984; Pub. L. 109–163, div. A, title VII, Sec. 713, 

Jan. 6, 2006, 119 Stat. 3343; Pub. L. 110–417, [div. A], title VII, Sec. 735(b), Oct. 14, 2008, 122 

Stat. 4514; Pub. L. 111–84, div. A, title VII, Sec. 704, Oct. 28, 2009, 123 Stat. 2373; Pub. L. 

111–383, div. A, title VII, Sec. 703, Jan. 7, 2011, 124 Stat. 4245.) 
[§ 1076b CH. 55—MEDICAL AND DENTAL CARE 576 

[§ 1076b. Repealed. Pub. L. 109–364, div. A, title VII, Sec. 

706(d), Oct. 17, 2006, 120 Stat. 2282] 

§ 1076c. Dental insurance plan: certain retirees and their 

surviving spouses and other dependents 

(a) REQUIREMENT FOR PLAN.—The Secretary of Defense, in consultation with the other administering Secretaries, shall establish 

a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance 

with this section. 

(b) PERSONS ELIGIBLE FOR PLAN.—The following persons are 

eligible to enroll in the dental insurance plan established under 

subsection (a): 

(1) Members of the uniformed services who are entitled to 

retired pay. 

(2) Members of the Retired Reserve who would be entitled 

to retired pay under chapter 1223 of this title but for being 

under 60 years of age. 

(3) Eligible dependents of a member described in paragraph (1) or (2) who are covered by the enrollment of the member in the plan. 

(4) Eligible dependents of a member described in paragraph (1) or (2) who is not enrolled in the plan and who— 

(A) is enrolled under section 1705 of title 38 to receive 

dental care from the Secretary of Veterans Affairs; 

(B) is enrolled in a dental plan that— 

(i) is available to the member as a result of employment by the member that is separate from the 

military service of the member; and 

(ii) is not available to dependents of the member 

as a result of such separate employment by the member; or 

(C) is prevented by a medical or dental condition from 

being able to obtain benefits under the plan. 

(5) The unremarried surviving spouse and eligible child dependents of a deceased member— 

(A) who died while in a status described in paragraph 

(1) or (2); 

(B) who is described in section 1448(d)(1) of this title; 

or 

(C) who died while on active duty for a period of more 

than 30 days and whose eligible dependents are not eligible, or no longer eligible, for dental benefits under section 

1076a of this title. 

(c) PREMIUMS.—(1) A member enrolled in the dental insurance 

plan established under subsection (a) shall pay the premiums 

charged for the insurance coverage. 

(2) The Secretary of Defense shall establish procedures for the 

collection of the premiums charged for coverage by the dental insurance plan. To the maximum extent practicable, the premiums 

payable by a member entitled to retired pay shall be deducted and 

withheld from the retired pay of the member (if pay is available to 

the member). 
577 § 1076c CH. 55—MEDICAL AND DENTAL CARE 

(d) BENEFITS AVAILABLE UNDER THE PLAN.—The dental insurance plan established under subsection (a) shall provide benefits 

for dental care and treatment which may be comparable to the benefits authorized under section 1076a of this title for plans established under that section and shall include diagnostic services, preventative services, endodontics and other basic restorative services, 

surgical services, and emergency services. 

(e) COVERAGE.—(1) The Secretary shall prescribe a minimum 

required period for enrollment by a member or surviving spouse in 

the dental insurance plan established under subsection (a). 

(2) The dental insurance plan shall provide for voluntary enrollment of participants and shall authorize a member or eligible 

unremarried surviving spouse to enroll for self only or for self and 

eligible dependents. 

(f) REQUIRED TERMINATIONS OF ENROLLMENT.—The Secretary 

shall terminate the enrollment of any enrollee, and any eligible dependents of the enrollee covered by the enrollment, in the dental 

insurance plan established under subsection (a) upon the occurrence of the following: 

(1) In the case of an enrollment under subsection (b)(1), 

termination of the member’s entitlement to retired pay. 

(2) In the case of an enrollment under subsection (b)(2), 

termination of the member’s status as a member of the Retired 

Reserve. 

(3) In the case of an enrollment under subsection (b)(5), remarriage of the surviving spouse. 

(g) CONTINUATION OF DEPENDENTS’ ENROLLMENT UPON DEATH

OF ENROLLEE.—Coverage of a dependent in the dental insurance 

plan established under subsection (a) under an enrollment of a 

member or a surviving spouse who dies during the period of enrollment shall continue until the end of that period and may be renewed by (or for) the dependent, so long as the premium paid is 

sufficient to cover continuation of the dependent’s enrollment. The 

Secretary may terminate coverage of the dependent when the premiums paid are no longer sufficient to cover continuation of the enrollment. The Secretary shall prescribe in regulations under subsection (h) the parties responsible for paying the remaining premiums due on the enrollment and the manner for collection of the 

premiums. 

(h) REGULATIONS.—The dental insurance plan established 

under subsection (a) shall be administered under regulations prescribed by the Secretary of Defense, in consultation with the other 

administering Secretaries. 

(i) VOLUNTARY DISENROLLMENT.—(1) With respect to enrollment in the dental insurance plan established under subsection (a), 

the Secretary of Defense— 

(A) shall allow for a period of up to 30 days at the beginning of the prescribed minimum enrollment period during 

which an enrollee may disenroll; and 

(B) shall provide for limited circumstances under which 

disenrollment shall be permitted during the prescribed enrollment period, without jeopardizing the fiscal integrity of the 

dental program. 
§ 1076d CH. 55—MEDICAL AND DENTAL CARE 578 

(2) The circumstances described in paragraph (1)(B) shall include— 

(A) a case in which a retired member, surviving spouse, or 

dependent of a retired member who is also a Federal employee 

is assigned to a location outside the jurisdiction of the dental 

insurance plan established under subsection (a) that prevents 

utilization of dental benefits under the plan; 

(B) a case in which a retired member, surviving spouse, or 

dependent of a retired member is prevented by a serious medical condition from being able to obtain benefits under the 

plan; 

(C) a case in which severe financial hardship would result; 

and 

(D) any other circumstances which the Secretary considers 

appropriate. 

(3) The Secretary shall establish procedures for timely decisions on requests for disenrollment under this section and for appeal to the TRICARE Management Activity of adverse decisions. 

(j) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible dependent’’ means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of 

this title. 

(2) The term ‘‘eligible child dependent’’ means a dependent 

described in subparagraph (D) or (I) of section 1072(2) of this 

title. 

(3) The term ‘‘retired pay’’ includes retainer pay. 

(Added Pub. L. 104–201, div. A, title VII, Sec. 703(a)(1), Sept. 23, 1996, 110 Stat. 2588; amended 

Pub. L. 105–85, div. A, title VII, Sec. 701, 733(b), 734, Nov. 18, 1997, 111 Stat. 1807, 1812, 1813; 

Pub. L. 105–261, div. A, title VII, Sec. 702, Oct. 17, 1998, 112 Stat. 2056; Pub. L. 106–65, div. 

A, title VII, Sec. 704, Oct. 5, 1999, 113 Stat. 683; Pub. L. 106–398, Sec. 1 [[div. A], title VII, 

Sec. 726, title X, Sec. 1087(a)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A–187, 1654A–290.) 

§ 1076d. TRICARE program: TRICARE Standard coverage 

for members of the Selected Reserve 

(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a 

member of the Selected Reserve of the Ready Reserve of a reserve 

component of the armed forces is eligible for health benefits under 

TRICARE Standard as provided in this section. 

(2) Paragraph (1) does not apply to a member who is enrolled, 

or is eligible to enroll, in a health benefits plan under chapter 89 

of title 5. 

(b) TERMINATION OF ELIGIBILITY UPON TERMINATION OF SERVICE.—Eligibility for TRICARE Standard coverage of a member 

under this section shall terminate upon the termination of the 

member’s service in the Selected Reserve. 

(c) FAMILY MEMBERS.—While a member of a reserve component is covered by TRICARE Standard under the section, the members of the immediate family of such member are eligible for 

TRICARE Standard coverage as dependents of the member. If a 

member of a reserve component dies while in a period of coverage 

under this section, the eligibility of the members of the immediate 

family of such member for TRICARE Standard coverage shall continue for six months beyond the date of death of the member. 
579 § 1076d CH. 55—MEDICAL AND DENTAL CARE 

(d) PREMIUMS.—(1) A member of a reserve component covered 

by TRICARE Standard under this section shall pay a premium for 

that coverage. 

(2) The Secretary of Defense shall prescribe for the purposes 

of this section one premium for TRICARE Standard coverage of 

members without dependents and one premium for TRICARE 

Standard coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply 

uniformly to all covered members of the reserve components. 

(3)(A) The monthly amount of the premium in effect for a 

month for TRICARE Standard coverage under this section shall be 

the amount equal to 28 percent of the total monthly amount determined on an appropriate actuarial basis as being reasonable for 

that coverage. 

(B) The appropriate actuarial basis for purposes of subparagraph (A) shall be determined, for each calendar year after calendar year 2009, by utilizing the actual cost of providing benefits 

under this section to members and their dependents during the calendar years preceding such calendar year. 

(4) The premiums payable by a member of a reserve component 

under this subsection may be deducted and withheld from basic 

pay payable to the member under section 204 of title 37 or from 

compensation payable to the member under section 206 of such 

title. The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums. 

(5) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year in 

which collected, and shall be available under subsection (b) of such 

section for such fiscal year. 

(e) REGULATIONS.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations for the administration of this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘immediate family’’, with respect to a member 

of a reserve component, means all of the member’s dependents 

described in subparagraphs (A), (D), and (I) of section 1072(2) 

of this title. 

(2) The term ‘‘TRICARE Standard’’ means— 

(A) medical care to which a dependent described in 

section 1076(a)(2) of this title is entitled; and 

(B) health benefits contracted for under the authority 

of section 1079(a) of this title and subject to the same rates 

and conditions as apply to persons covered under that section. 

(Added Pub. L. 108–375, div. A, title VII, Sec. 701(a)(1), Oct. 28, 2004, 118 Stat. 1980; amended 

Pub. L. 109–163, div. A, title VII, Sec. 701(a)–(f)(1), Jan. 6, 2006, 119 Stat. 3339, 3340; Pub. 

L. 109–364, div. A, title VII, Secs. 704(c), 706(a)–(c), Oct. 17, 2006, 120 Stat. 2280, 2282; Pub. 

L. 110–181, div. A, title VII, Sec. 701(c), Jan. 28, 2008, 122 Stat. 188; Pub. L. 110–417, [div. 

A], title VII, Sec. 704(a), Oct. 14, 2008, 122 Stat. 4498; Pub. L. 111–84, div. A, title X, Sec. 

1073(a)(11), Oct. 28, 2009, 123 Stat. 2473.) 
§ 1076e CH. 55—MEDICAL AND DENTAL CARE 580 

§ 1076e. TRICARE program: TRICARE Standard coverage 

for certain members of the Retired Reserve who 

are qualified for a non-regular retirement but are 

not yet age 60 

(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a 

member of the Retired Reserve of a reserve component of the 

armed forces who is qualified for a non-regular retirement at age 

60 under chapter 1223 of this title, but is not age 60, is eligible for 

health benefits under TRICARE Standard as provided in this section. 

(2) Paragraph (1) does not apply to a member who is enrolled, 

or is eligible to enroll, in a health benefits plan under chapter 89 

of title 5. 

(b) TERMINATION OF ELIGIBILITY UPON OBTAINING OTHER

TRICARE STANDARD COVERAGE.—Eligibility for TRICARE Standard coverage of a member under this section shall terminate upon 

the member becoming eligible for TRICARE Standard coverage at 

age 60 under section 1086 of this title. 

(c) FAMILY MEMBERS.—While a member of a reserve component is covered by TRICARE Standard under this section, the 

members of the immediate family of such member are eligible for 

TRICARE Standard coverage as dependents of the member. If a 

member of a reserve component dies while in a period of coverage 

under this section, the eligibility of the members of the immediate 

family of such member for TRICARE Standard coverage under this 

section shall continue for the same period of time that would be 

provided under section 1086 of this title if the member had been 

eligible at the time of death for TRICARE Standard coverage under 

such section (instead of under this section). 

(d) PREMIUMS.—(1) A member of a reserve component covered 

by TRICARE Standard under this section shall pay a premium for 

that coverage. 

(2) The Secretary of Defense shall prescribe for the purposes 

of this section one premium for TRICARE Standard coverage of 

members without dependents and one premium for TRICARE 

Standard coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply 

uniformly to all members of the reserve components covered under 

this section. 

(3) The monthly amount of the premium in effect for a month 

for TRICARE Standard coverage under this section shall be the 

amount equal to the cost of coverage that the Secretary determines 

on an appropriate actuarial basis. 

(4) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. 

(5) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year in 

which collected, and shall be available under subsection (b) of such 

section for such fiscal year. 
581 § 1077 CH. 55—MEDICAL AND DENTAL CARE 

(e) REGULATIONS.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations for the administration of this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘immediate family’’, with respect to a member 

of a reserve component, means all of the member’s dependents 

described in subparagraphs (A), (D), and (I) of section 1072(2) 

of this title. 

(2) The term ‘‘TRICARE Standard’’ means— 

(A) medical care to which a dependent described in 

section 1076(b)(1) of this title is entitled; and 

(B) health benefits contracted for under the authority 

of section 1086(a) of this title and subject to the same rates 

and conditions as apply to persons covered under that section. 

(Added Pub. L. 111–84, div. A, title VII, Sec. 705(a), Oct. 28, 2009, 123 Stat. 2374.) 

§ 1077. Medical care for dependents: authorized care in facilities of uniformed services 

(a) Only the following types of health care may be provided 

under section 1076 of this title: 

(1) Hospitalization. 

(2) Outpatient care. 

(3) Drugs. 

(4) Treatment of medical and surgical conditions. 

(5) Treatment of nervous, mental, and chronic conditions. 

(6) Treatment of contagious diseases. 

(7) Physical examinations, including eye examinations, and 

immunizations. 

(8) Maternity and infant care, including well-baby care 

that includes one screening of an infant for the level of lead in 

the blood of the infant. 

(9) Diagnostic tests and services, including laboratory and 

X-ray examinations. 

(10) Dental care. 

(11) Ambulance service and home calls when medically 

necessary. 

(12) Durable equipment, which may be provided on a loan 

basis. 

(13) Primary and preventive health care services for 

women (as defined in section 1074d(b) of this title). 

(14) Preventive health care screening for colon or prostate 

cancer, at the intervals and using the screening methods prescribed under section 1074d(a)(2) of this title. 

(15) Prosthetic devices, as determined by the Secretary of 

Defense to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease. 

(16) A hearing aid, but only for a dependent of a member 

of the uniformed services on active duty and only if the dependent has a profound hearing loss, as determined under 

standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries. 
§ 1077 CH. 55—MEDICAL AND DENTAL CARE 582 

(17) Any rehabilitative therapy to improve, restore, or 

maintain function, or to minimize or prevent deterioration of 

function, of a patient when prescribed by a physician. 

(b) The following types of health care may not be provided 

under section 1076 of this title: 

(1) Domiciliary or custodial care. 

(2) Orthopedic footwear and spectacles, except that, outside of the United States and at stations inside the United 

States where adequate civilian facilities are unavailable, such 

items may be sold to dependents at cost to the United States. 

(3) The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies. 

(c)(1) Except as specified in paragraph (2), a dependent participating under a dental plan established under section 1076a of this 

title may not be provided dental care under section 1076(a) of this 

title except for emergency dental care, dental care provided outside 

the United States, and dental care that is not covered by such plan. 

(2)(A) Dependents who are 12 years of age or younger and are 

covered by a dental plan established under section 1076a of this 

title may be treated by postgraduate dental residents in a dental 

treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association if— 

(i) treatment of pediatric dental patients is necessary in 

order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training 

in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside 

the United States; and 

(ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such 

program or students. 

(B) The total number of dependents treated in all facilities of 

the uniformed services under subparagraph (A) in a fiscal year may 

not exceed 2,000. 

(d)(1) Notwithstanding subsection (b)(1), hospice care may be 

provided under section 1076 of this title in facilities of the uniformed services to a terminally ill patient who chooses (pursuant 

to regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries) to receive hospice 

care rather than continuing hospitalization or other health care 

services for treatment of the patient’s terminal illness. 

(2) In this section, the term ‘‘hospice care’’ means the items 

and services described in section 1861(dd) of the Social Security Act 

(42 U.S.C. 1395x(dd)). 

(e)(1) Authority to provide a prosthetic device under subsection 

(a)(15) includes authority to provide the following: 

(A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic benefit and proper functioning. 

(B) Services necessary to train the recipient of the device 

in the use of the device. 
583 § 1078 CH. 55—MEDICAL AND DENTAL CARE 

(C) Repair of the device for normal wear and tear or damage. 

(D) Replacement of the device if the device is lost or irreparably damaged or the cost of repair would exceed 60 percent 

of the cost of replacement. 

(2) An augmentative communication device may be provided as 

a voice prosthesis under subsection (a)(15). 

(3) A prosthetic device customized for a patient may be provided under this section only by a prosthetic practitioner who is 

qualified to customize the device, as determined under regulations 

prescribed by the Secretary of Defense in consultation with the administering Secretaries. 

(f)(1) Items that may be provided to a patient under subsection 

(a)(12) include the following: 

(A) Any durable medical equipment that can improve, restore, or maintain the function of a malformed, diseased, or injured body part, or can otherwise minimize or prevent the deterioration of the patient’s function or condition. 

(B) Any durable medical equipment that can maximize the 

patient’s function consistent with the patient’s physiological or 

medical needs. 

(C) Wheelchairs. 

(D) Iron lungs. 

(E) Hospital beds. 

(2) In addition to the authority to provide durable medical 

equipment under subsection (a)(12), any customization of equipment owned by the patient that is durable medical equipment authorized to be provided to the patient under this section or section 

1079(a)(5) of this title, and any accessory or item of supply for any 

such equipment, may be provided to the patient if the 

customization, accessory, or item of supply is essential for— 

(A) achieving therapeutic benefit for the patient; 

(B) making the equipment serviceable; or 

(C) otherwise assuring the proper functioning of the equipment. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1447; amended Pub. L. 89–614, 

Sec. 2(4), Sept. 30, 1966, 80 Stat. 863; Pub. L. 98–525, title VI, Sec. 633(a), title XIV, Secs. 

1401(e)(3), 1405(22), Oct. 19, 1984, 98 Stat. 2544, 2617, 2623; Pub. L. 99–145, title VI, Sec. 

651(b), Nov. 8, 1985, 99 Stat. 656; Pub. L. 102–190, div. A, title VII, Sec. 702(a), 703, Dec. 5, 

1991, 105 Stat. 1400, 1401; Pub. L. 103–160, div. A, title VII, Sec. 701(b), Nov. 30, 1993, 107 

Stat. 1686; Pub. L. 103–337, div. A, title VII, Sec. 703(b), 705, Oct. 5, 1994, 108 Stat. 2798, 2799; 

Pub. L. 104–201, div. A, title VII, Sec. 701(b)(1), Sept. 23, 1996, 110 Stat. 2587; Pub. L. 105– 

85, div. A, title VII, Sec. 702, Nov. 18, 1997, 111 Stat. 1807; Pub. L. 107–107, div. A, title VII, 

Secs. 702, 703(a), 704, Dec. 28, 2001, 115 Stat. 1161, 1162; Pub. L. 108–375, div. A, title VII, 

Sec. 715, Oct. 28, 2004, 118 Stat. 1985.) 

§ 1078. Medical and dental care for dependents: charges 

(a) The Secretary of Defense, after consulting the other administering Secretaries, shall prescribe fair charges for inpatient medical and dental care given to dependents under section 1076 of this 

title. The charge or charges prescribed shall be applied equally to 

all classes of dependents. 

(b) As a restraint on excessive demands for medical and dental 

care under section 1076 of this title, uniform minimal charges may 

be imposed for outpatient care. Charges may not be more than 

such amounts, if any, as the Secretary of Defense may prescribe 
§ 1078a CH. 55—MEDICAL AND DENTAL CARE 584 

after consulting the other administering Secretaries, and after a 

finding that such charges are necessary. 

(c) Amounts received for subsistence and medical and dental 

care given under section 1076 of this title shall be deposited to the 

credit of the appropriation supporting the maintenance and operation of the facility furnishing the care. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1448; amended Pub. L. 89–614, 

Sec. 2(5), Sept. 30, 1966, 80 Stat. 863; Pub. L. 96–513, title V, Sec. 511(36), Dec. 12, 1980, 94 

Stat. 2923; Pub. L. 98–557, Sec. 19(6), Oct. 30, 1984, 98 Stat. 2869.) 

§ 1078a. Continued health benefits coverage 

(a) PROVISION OF CONTINUED HEALTH COVERAGE.—The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to 

provide persons described in subsection (b) with temporary health 

benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under 

section 8905a of title 5. 

(b) ELIGIBLE PERSONS.—The persons referred to in subsection 

(a) are the following: 

(1) A member of the uniformed services who— 

(A) is discharged or released from active duty (or fulltime National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned; 

(B) immediately preceding that discharge or release, is 

entitled to medical and dental care under section 1074(a) 

of this title (except in the case of a member discharged or 

released from full-time National Guard duty); and 

(C) after that discharge or release and any period of 

transitional health care provided under section 1145(a) of 

this title, would not otherwise be eligible for any benefits 

under this chapter. 

(2) A person who— 

(A) ceases to meet the requirements for being considered an unmarried dependent child of a member or former 

member of the uniformed services under section 1072(2)(D) 

of this title or ceases to meet the requirements for being 

considered an unmarried dependent under section 

1072(2)(I) of this title; 

(B) on the day before ceasing to meet those requirements, was covered under a health benefits plan under 

this chapter or transitional health care under section 

1145(a) of this title as a dependent of the member or 

former member; and 

(C) would not otherwise be eligible for any benefits 

under this chapter. 

(3) A person who— 

(A) is an unremarried former spouse of a member or 

former member of the uniformed services; and 

(B) on the day before the date of the final decree of divorce, dissolution, or annulment was covered under a 

health benefits plan under this chapter or transitional 
585 § 1078a CH. 55—MEDICAL AND DENTAL CARE 

health care under section 1145(a) of this title as a dependent of the member or former member; and 

(C) is not a dependent of the member or former member under subparagraph (F) or (G) of section 1072(2) of 

this title or ends a one-year period of dependency under 

subparagraph (H) of such section. 

(4) Any other person specified in regulations prescribed by 

the Secretary of Defense for purposes of this paragraph who 

loses entitlement to health care services under this chapter or 

section 1145 of this title, subject to such terms and conditions 

as the Secretary shall prescribe in the regulations. 

(c) NOTIFICATION OF ELIGIBILITY.—(1) The Secretary of Defense 

shall prescribe regulations to provide for persons described in subsection (b) to be notified of eligibility to receive health benefits 

under this section. 

(2) In the case of a member who becomes (or will become) eligible for continued coverage under subsection (b)(1), the regulations 

shall provide for the Secretary concerned to notify the member of 

the member’s rights under this section as part of preseparation 

counseling conducted under section 1142 of this title or any other 

provision of other law. 

(3) In the case of a dependent of a member or former member 

who becomes eligible for continued coverage under subsection 

(b)(2), the regulations shall provide that— 

(A) the member or former member may submit to the Secretary concerned a written notice of the dependent’s change in 

status (including the dependent’s name, address, and such 

other information as the Secretary of Defense may require); 

and 

(B) the Secretary concerned shall, within 14 days after receiving that notice, inform the dependent of the dependent’s 

rights under this section. 

(4) In the case of a former spouse of a member or former member who becomes eligible for continued coverage under subsection 

(b)(3), the regulations shall provide appropriate notification provisions and a 60-day election period under subsection (d)(3). 

(d) ELECTION OF COVERAGE.—In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Secretary of Defense may prescribe) 

shall be made as follows: 

(1) In the case of a member described in subsection (b)(1), 

the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the 

later of— 

(A) the date of the discharge or release of the member 

from active duty or full-time National Guard duty; 

(B) the date on which the period of transitional health 

care applicable to the member under section 1145(a) of 

this title ends; or 

(C) the date the member receives the notification required pursuant to subsection (c). 

(2)(A) In the case of a dependent of a member or former 

member who becomes eligible for continued coverage under 

subsection (b)(2), the written election shall be submitted to the 
§ 1078a CH. 55—MEDICAL AND DENTAL CARE 586 

Secretary concerned before the end of the 60-day period beginning on the later of— 

(i) the date on which the dependent first ceases to 

meet the requirements for being considered a dependent 

under subparagraph (D) or (I) of section 1072(2) of this 

title; or 

(ii) the date the dependent receives the notification 

pursuant to subsection (c). 

(B) Notwithstanding subparagraph (A), if the Secretary 

concerned determines that the dependent’s parent has failed to 

provide the notice referred to in subsection (c)(3)(A) with respect to the dependent in a timely fashion, the 60-day period 

under this paragraph shall be based only on the date under 

subparagraph (A)(i). 

(3) In the case of a former spouse of a member or a former 

member who becomes eligible for continued coverage under 

subsection (b)(3), the written election shall be submitted to the 

Secretary concerned before the end of the 60-day period beginning on the later of— 

(A) the date as of which the former spouse first ceases 

to meet the requirements for being considered a dependent 

under section 1072(2) of this title; or 

(B) such other date as the Secretary of Defense may 

prescribe. 

(4) In the case of a person described in subsection (b)(4), 

by such date as the Secretary shall prescribe in the regulations 

required for purposes of that subsection. 

(e) COVERAGE OF DEPENDENTS.—A person eligible under subsection (b)(1) to elect to receive coverage may elect coverage either 

as an individual or, if appropriate, for self and dependents. A person eligible under subsection (b)(2) or subsection (b)(3) may elect 

only individual coverage. 

(f) CHARGES.—(1) Under arrangements satisfactory to the Secretary of Defense, a person receiving continued coverage under this 

section shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum 

of— 

(A) the employee and agency contributions which would be 

required in the case of a similarly situated employee enrolled 

in a comparable health benefits plan under section 

8905a(d)(1)(A)(i) of title 5; and 

(B) an amount, not to exceed 10 percent of the amount determined under subparagraph (A), determined under regulations prescribed by the Secretary of Defense to be necessary for 

administrative expenses; and 

(2) If a person elects to continue coverage under this section 

before the end of the applicable period under subsection (d), but 

after the person’s coverage under this chapter (and any transitional 

extension of coverage under section 1145(a) of this title) expires, 

coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1)) and claims (if 

any), to the same extent and effect as though no break in coverage 

had occurred. 
587 § 1078a CH. 55—MEDICAL AND DENTAL CARE 

(g) PERIOD OF CONTINUED COVERAGE.—(1) Continued coverage 

under this section may not extend beyond— 

(A) in the case of a member described in subsection (b)(1), 

the date which is 18 months after the date the member ceases 

to be entitled to care under section 1074(a) of this title and any 

transitional care under section 1145 of this title, as the case 

may be; 

(B) in the case of a person described in subsection (b)(2), 

the date which is 36 months after the date on which the person 

first ceases to meet the requirements for being considered a dependent under subparagraph (D) or (I) of section 1072(2) of 

this title; 

(C) in the case of a person described in subsection (b)(3), 

except as provided in paragraph (4), the date which is 36 

months after the later of— 

(i) the date on which the final decree of divorce, dissolution, or annulment occurs; and 

(ii) if applicable, the date the one-year extension of dependency under section 1072(2)(H) of this title expires; and 

(D) in the case of a person described in subsection (b)(4), 

the date that is 36 months after the date on which the person 

loses entitlement to health care services as described in that 

subsection. 

(2) Notwithstanding paragraph (1)(B), if a dependent of a 

member becomes eligible for continued coverage under subsection 

(b)(2) during a period of continued coverage of the member for self 

and dependents under this section, extended coverage of the dependent under this section may not extend beyond the date which 

is 36 months after the date the member became ineligible for medical and dental care under section 1074(a) of this title and any 

transitional health care under section 1145(a) of this title. 

(3) Notwithstanding paragraph (1)(C), if a person becomes eligible for continued coverage under subsection (b)(3) as the former 

spouse of a member during a period of continued coverage of the 

member for self and dependents under this section, extended coverage of the former spouse under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under section 1074(a) 

of this title and any transitional health care under section 1145(a) 

of this title. 

(4)(A) Notwithstanding paragraph (1), in the case of a former 

spouse described in subparagraph (B), continued coverage under 

this section shall continue for such period as the former spouse 

may request. 

(B) A former spouse referred to in subparagraph (A) is a 

former spouse of a member or former member (other than a former 

spouse whose marriage was dissolved after the separation of the 

member from the service unless such separation was by retirement)— 

(i) who has not remarried before age 55 after the marriage 

to the employee, former employee, or annuitant was dissolved; 

(ii) who was enrolled in an approved health benefits plan 

under this chapter as a family member at any time during the 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 588 

18-month period before the date of the divorce, dissolution, or 

annulment; and 

(iii)(I) who is receiving any portion of the retired or retainer pay of the member or former member or an annuity 

based on the retired or retainer pay of the member; or 

(II) for whom a court order (as defined in section 

1408(a)(2) of this title) has been issued for payment of any portion of the retired or retainer pay or for whom a court order 

(as defined in section 1447(13) of this title) or a written agreement (whether voluntary or pursuant to a court order) provides 

for an election by the member or former member to provide an 

annuity to the former spouse. 

(Added Pub. L. 102–484, div. D, title XLIV, Sec. 4408(a)(1), Oct. 23, 1992, 106 Stat. 2708; 

amended Pub. L. 103–35, title II, Sec. 201(g)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–337, 

div. A, title VII, Sec. 702(c), Oct. 5, 1994, 108 Stat. 2798; Pub. L. 104–201, div. A, title X, Sec. 

1074(a)(4), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 105–85, div. A, title X, Sec. 1073(a)(17), Nov. 

18, 1997, 111 Stat. 1901; Pub. L. 108–136, div. A, title VII, Sec. 713(a), Nov. 24, 2003, 117 Stat. 

1530; Pub. L. 110–181, div. A, title VII, Sec. 705, Jan. 28, 2008, 122 Stat. 189.) 

§ 1079. Contracts for medical care for spouses and children: 

plans 

(a) To assure that medical care is available for dependents, as 

described in subparagraphs (A), (D), and (I) of section 1072(2) of 

this title, of members of the uniformed services who are on active 

duty for a period of more than 30 days, the Secretary of Defense, 

after consulting with the other administering Secretaries, shall 

contract, under the authority of this section, for medical care for 

those persons under such insurance, medical service, or health 

plans as he considers appropriate. The types of health care authorized under this section shall be the same as those provided under 

section 1076 of this title, except as follows: 

(1) With respect to dental care— 

(A) except as provided in subparagraph (B), only that 

care required as a necessary adjunct to medical or surgical 

treatment may be provided; and 

(B) in connection with dental treatment for patients 

with developmental, mental, or physical disabilities or for 

pediatric patients age 5 or under, only institutional and 

anesthesia services may be provided. 

(2) Consistent with such regulations as the Secretary of 

Defense may prescribe regarding the content of health promotion and disease prevention visits, the schedule and method 

of cervical cancer screenings and breast cancer screenings, the 

schedule and method of colon and prostate cancer screenings, 

and the types and schedule of immunizations— 

(A) for dependents under six years of age, both health 

promotion and disease prevention visits and immunizations may be provided; and 

(B) for dependents six years of age or older, health 

promotion and disease prevention visits may be provided 

in connection with immunizations or with diagnostic or 

preventive cervical and breast cancer screenings or colon 

and prostate cancer screenings. 

(3) Not more than one eye examination may be provided 

to a patient in any calendar year. 
589 § 1079 CH. 55—MEDICAL AND DENTAL CARE 

(4) Under joint regulations to be prescribed by the administering Secretaries, the services of Christian Science practitioners and nurses and services obtained in Christian Science 

sanatoriums may be provided. 

(5) Durable equipment provided under this section may be 

provided on a rental basis. 

(6) Inpatient mental health services may not (except as 

provided in subsection (i)) be provided to a patient in excess 

of— 

(A) 30 days in any year, in the case of a patient 19 

years of age or older; 

(B) 45 days in any year, in the case of a patient under 

19 years of age; or 

(C) 150 days in any year, in the case of inpatient mental health services provided as residential treatment care. 

(7) Services in connection with nonemergency inpatient 

hospital care may not be provided if such services are available 

at a facility of the uniformed services located within a 40-mile 

radius of the residence of the patient, except that those services may be provided in any case in which another insurance 

plan or program provides primary coverage for those services. 

(8) Services of pastoral counselors, family and child counselors, or marital counselors (other than certified marriage and 

family therapists) may not be provided unless the patient has 

been referred to the counselor by a medical doctor for treatment of a specific problem with the results of that treatment 

to be communicated back to the medical doctor who made the 

referral and services of certified marriage and family therapists may be provided consistent with such rules as may be 

prescribed by the Secretary of Defense, including credentialing 

criteria and a requirement that the therapists accept payment 

under this section as full payment for all services provided. 

(9) Special education may not be provided, except when 

provided as secondary to the active psychiatric treatment on an 

institutional inpatient basis. 

(10) Therapy or counseling for sexual dysfunctions or sexual inadequacies may not be provided. 

(11) Treatment of obesity may not be provided if obesity is 

the sole or major condition treated. 

(12) Surgery which improves physical appearance but is 

not expected to significantly restore functions (including mammary augmentation, face lifts, and sex gender changes) may 

not be provided, except that— 

(A) breast reconstructive surgery following a mastectomy may be provided; 

(B) reconstructive surgery to correct serious deformities caused by congenital anomalies or accidental injuries 

may be provided; and 

(C) neoplastic surgery may be provided. 

(13) Any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental 

or physical illness, injury, or bodily malfunction as assessed or 

diagnosed by a physician, dentist, clinical psychologist, certified marriage and family therapist, optometrist, podiatrist, 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 590 

certified nurse-midwife, certified nurse practitioner, or certified 

clinical social worker, as appropriate, may not be provided, except as authorized in paragraph (4). Pursuant to an agreement 

with the Secretary of Health and Human Services and under 

such regulations as the Secretary of Defense may prescribe, 

the Secretary of Defense may waive the operation of this paragraph in connection with clinical trials sponsored or approved 

by the National Institutes of Health if the Secretary of Defense 

determines that such a waiver will promote access by covered 

beneficiaries to promising new treatments and contribute to 

the development of such treatments. 

(14) The prohibition contained in section 1077(b)(3) of this 

title shall not apply in the case of a member or former member 

of the uniformed services. 

(15) Electronic cardio-respiratory home monitoring equipment (apnea monitors) for home use may be provided if a physician prescribes and supervises the use of the monitor for an 

infant— 

(A) who has had an apparent life-threatening event, 

(B) who is a subsequent sibling of a victim of sudden 

infant death syndrome, 

(C) whose birth weight was 1,500 grams or less, or 

(D) who is a pre-term infant with pathologic apnea, 

in which case the coverage may include the cost of the equipment, hard copy analysis of physiological alarms, professional 

visits, diagnostic testing, family training on how to respond to 

apparent life threatening events, and assistance necessary for 

proper use of the equipment. 

(16) Hospice care may be provided only in the manner and 

under the conditions provided in section 1861(dd) of the Social 

Security Act (42 U.S.C. 1395x(dd)). 

(17) Forensic examinations following a sexual assault or 

domestic violence may be provided. 

(b) Plans covered by subsection (a) shall include provisions for 

payment by the patient of the following amounts: (1) $25 for each admission to a hospital, or the amount the 

patient would have been charged under section 1078(a) of this 

title had the care being paid for been obtained in a hospital of 

the uniformed services, whichever amount is the greater. The 

Secretary of Defense may exempt a patient from paying such 

amount if the hospital to which the patient is admitted does 

not impose a legal obligation on any of its patients to pay for 

inpatient care. (2) Except as provided in clause (3), the first $150 each fiscal year of the charges for all types of care authorized by subsection (a) and received while in an outpatient status and 20 

percent of all subsequent charges for such care during a fiscal 

year. Notwithstanding the preceding sentence, in the case of a 

dependent of an enlisted member in a pay grade below E–5, 

the initial deductible each fiscal year under this paragraph 

shall be limited to $50. 

(3) A family group of two or more persons covered by this 

section shall not be required to pay collectively more than the 

first $300 (or in the case of the family group of an enlisted 
591 § 1079 CH. 55—MEDICAL AND DENTAL CARE 

member in a pay grade below E–5, the first $100) each fiscal 

year of the charges for all types of care authorized by subsection (a) and received while in an outpatient status and 20 

percent of the additional charges for such care during a fiscal 

year. (4) $25 for surgical care that is authorized by subsection 

(a) and received while in an outpatient status and that has 

been designated (under joint regulations to be prescribed by 

the administering Secretaries) as care to be treated as inpatient care for purposes of this subsection. Any care for which 

payment is made under this clause shall not be considered to 

be care received while in an outpatient status for purposes of 

clauses (2) and (3). 

(5) An individual or family group of two or more persons 

covered by this section may not be required by reason of this 

subsection to pay a total of more than $1,000 for health care 

received during any fiscal year under a plan under subsection 

(a). 

(c) The methods for making payment under subsection (b) shall 

be prescribed under joint regulations issued by the administering 

Secretaries. 

(d)(1) The Secretary of Defense shall establish a program to 

provide extended benefits for eligible dependents, which may include the provision of comprehensive health care services, including 

case management services, to assist in the reduction of the disabling effects of a qualifying condition of an eligible dependent. 

Registration shall be required to receive the extended benefits. 

(2) The Secretary of Defense, after consultation with the other 

administering Secretaries, shall promulgate regulations to carry 

out this subsection. 

(3) In this subsection: 

(A) The term ‘‘eligible dependent’’ means a dependent of a 

member of the uniformed services on active duty for a period 

of more than 30 days, as described in subparagraph (A), (D), 

or (I) of section 1072(2) of this title, who has a qualifying condition. 

(B) The term ‘‘qualifying condition’’ means the condition of 

a dependent who is moderately or severely mentally retarded, 

has a serious physical disability, or has an extraordinary physical or psychological condition. 

(e) Extended benefits for eligible dependents under subsection 

(d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration of, 

function of the patient) and case management services with respect 

to the qualifying condition of such a dependent, and include, to the 

extent such benefits are not provided under provisions of this chapter other than under this section, the following: 

(1) Diagnosis. 

(2) Inpatient, outpatient, and comprehensive home health 

care supplies and services which may include cost effective and 

medically appropriate services other than part-time or intermittent services (within the meaning of such terms as used in 

the second sentence of section 1861(m) of the Social Security 

Act). 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 592 

(3) Training, rehabilitation, special education, and assistive technology devices. 

(4) Institutional care in private nonprofit, public, and State 

institutions and facilities and, if appropriate, transportation to 

and from such institutions and facilities. 

(5) Custodial care, notwithstanding the prohibition in section 1077(b)(1) of this title. 

(6) Respite care for the primary caregiver of the eligible 

dependent. 

(7) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in 

subsection (a)(13). 

(f)(1) Members shall be required to share in the cost of any 

benefits provided to their dependents under subsection (d) as follows: 

(A) Members in the lowest enlisted pay grade shall be re- quired to pay the first $25 incurred each month, and members 

in the highest commissioned pay grade shall be required to pay 

the first $250 incurred each month. The amounts to be paid by 

members in all other pay grades shall be determined under 

regulations to be prescribed by the Secretary of Defense in consultation with the administering Secretaries. 

(B) A member who has more than one dependent incurring 

expenses in a given month under a plan covered by subsection 

(d) shall not be required to pay an amount greater than would 

be required if the member had only one such dependent. 

(2) In the case of extended benefits provided under paragraph 

(3) or (4) of subsection (e) to a dependent of a member of the uniformed services— 

(A) the Government’s share of the total cost of providing 

such benefits in any year shall not exceed $36,000, prorated as 

determined by the Secretary of Defense, except for costs that 

a member is exempt from paying under paragraph (3); and 

(B) the member shall pay (in addition to any amount payable under paragraph (1)) the amount, if any, by which the 

amount of such total cost for the year exceeds the Government’s maximum share under subparagraph (A). 

(3) A member of the uniformed services who incurs expenses 

under paragraph (2) for a month for more than one dependent shall 

not be required to pay for the month under subparagraph (B) of 

that paragraph an amount greater than the amount the member 

would otherwise be required to pay under that subparagraph for 

the month if the member were incurring expenses under that subparagraph for only one dependent. 

(4) To qualify for extended benefits under paragraph (3) or (4) 

of subsection (e), a dependent of a member of the uniformed services shall be required to use public facilities to the extent such facilities are available and adequate, as determined under joint regulations of the administering Secretaries. 

(5) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations to carry out 

this subsection. 

(g)(1) When a member dies while he is eligible for receipt of 

hostile fire pay under section 310 of title 37 or from a disease or 
593 § 1079 CH. 55—MEDICAL AND DENTAL CARE 

injury incurred while eligible for such pay, his dependents who are 

receiving benefits under a plan covered by subsection (d) shall continue to be eligible for such benefits until they pass their twentyfirst birthday. 

(2) In addition to any continuation of eligibility for benefits 

under paragraph (1), when a member dies while on active duty for 

a period of more than 30 days, the member’s dependents who are 

receiving benefits under a plan covered by subsection (a) shall continue to be eligible for benefits under TRICARE Prime during the 

three-year period beginning on the date of the member’s death, except that, in the case of such a dependent of the deceased who is 

described by subparagraph (D) or (I) of section 1072(2) of this title, 

the period of continued eligibility shall be the longer of the following periods beginning on such date: 

(A) Three years. 

(B) The period ending on the date on which such dependent attains 21 years of age. 

(C) In the case of such a dependent who, at 21 years of 

age, is enrolled in a full-time course of study in a secondary 

school or in a full-time course of study in an institution of 

higher education approved by the administering Secretary and 

was, at the time of the member’s death, in fact dependent on 

the member for over one-half of such dependent’s support, the 

period ending on the earlier of the following dates: 

(i) The date on which such dependent ceases to pursue 

such a course of study, as determined by the administering 

Secretary. 

(ii) The date on which such dependent attains 23 years 

of age. 

(3) For the purposes of paragraph (2)(C), a dependent shall be 

treated as being enrolled in a full-time course of study in an institution of higher education during any reasonable period of transition between the dependent’s completion of a full-time course of 

study in a secondary school and the commencement of an enrollment in a full-time course of study in an institution of higher education, as determined by the administering Secretary. 

(4) The terms and conditions under which health benefits are 

provided under this chapter to a dependent of a deceased member 

under paragraph (2) shall be the same as those that would apply 

to the dependent under this chapter if the member were living and 

serving on active duty for a period of more than 30 days. 

(5) In this subsection, the term ‘‘TRICARE Prime’’ means the 

managed care option of the TRICARE program. 

(h)(1) Except as provided in paragraphs (2) and (3), payment 

for a charge for services by an individual health care professional 

(or other noninstitutional health care provider) for which a claim 

is submitted under a plan contracted for under subsection (a) shall 

be equal to an amount determined to be appropriate, to the extent 

practicable, in accordance with the same reimbursement rules as 

apply to payments for similar services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). The Secretary of Defense 

shall determine the appropriate payment amount under this paragraph in consultation with the other administering Secretaries. 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 594 

(2) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations to provide for 

such exceptions to the payment limitations under paragraph (1) as 

the Secretary determines to be necessary to assure that covered 

beneficiaries retain adequate access to health care services. Such 

exceptions may include the payment of amounts higher than the 

amount allowed under paragraph (1) when enrollees in managed 

care programs obtain covered services from nonparticipating providers. To provide a suitable transition from the payment methodologies in effect before February 10, 1996, to the methodology required by paragraph (1), the amount allowable for any service may 

not be reduced by more than 15 percent below the amount allowed 

for the same service during the immediately preceding 12-month 

period (or other period as established by the Secretary of Defense). 

(3) In addition to the authority provided under paragraph (2), 

the Secretary of Defense may authorize the commander of a facility 

of the uniformed services, the lead agent (if other than the commander), and the health care contractor to modify the payment 

limitations under paragraph (1) for certain health care providers 

when necessary to ensure both the availability of certain services 

for covered beneficiaries and lower costs than would otherwise be 

incurred to provide the services. With the consent of the health 

care provider, the Secretary is also authorized to reduce the authorized payment for certain health care services below the amount 

otherwise required by the payment limitations under paragraph 

(1). 

(4)(A) The Secretary of Defense, in consultation with the other 

administering Secretaries, shall prescribe regulations to establish 

limitations (similar to the limitations established under title XVIII 

of the Social Security Act (42 U.S.C. 1395 et seq.)) on beneficiary 

liability for charges of an individual health care professional (or 

other noninstitutional health care provider). 

(B) The regulations shall include a restriction that prohibits an 

individual health care professional (or other noninstitutional health 

care provider) from billing a beneficiary for services for more than 

the amount that is equal to— 

(i) the excess of the limiting charge (as defined in section 

1848(g)(2) of the Social Security Act (42 U.S.C. 1395w–4(g)(2))) 

that would be applicable if the services had been provided by 

the professional (or other provider) as an individual health 

care professional (or other noninstitutional health care provider) on a nonassignment-related basis under part B of title 

XVIII of such Act over the amount that is payable by the 

United States for those services under this subsection, plus 

(ii) any unpaid amounts of deductibles or copayments that 

are payable directly to the professional (or other provider) by 

the beneficiary. 

(C)(i) In the case of a dependent described in clause (ii), the 

regulations shall provide that, in addition to amounts otherwise 

payable by the United States, the Secretary may pay the amount 

referred to in subparagraph (B)(i). 

(ii) This subparagraph applies to a dependent referred to in 

subsection (a) of a member of a reserve component serving on active duty pursuant to a call or order to active duty for a period of 
595 § 1079 CH. 55—MEDICAL AND DENTAL CARE 

more than 30 days in support of a contingency operation under a 

provision of law referred to in section 101(a)(13)(B) of this title. 

(5) To assure access to care for all covered beneficiaries, the 

Secretary of Defense, in consultation with the other administering 

Secretaries, shall designate specific rates for reimbursement for 

services in certain localities if the Secretary determines that without payment of such rates access to health care services would be 

severely impaired. Such a determination shall be based on consideration of the number of providers in a locality who provide the 

services, the number of such providers who are CHAMPUS participating providers, the number of covered beneficiaries under 

CHAMPUS in the locality, the availability of military providers in 

the location or a nearby location, and any other factors determined 

to be relevant by the Secretary. 

(i)(1) The limitation in subsection (a)(6) does not apply in the 

case of inpatient mental health services— 

(A) provided under the program for the handicapped under 

subsection (d); 

(B) provided as partial hospital care; or 

(C) provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity 

of services required by the patient, and the availability of that 

care. 

(2) Notwithstanding subsection (b) or section 1086(b) of this 

title, the Secretary of Defense (after consulting with the other administering Secretaries) may prescribe separate payment requirements (including deductibles, copayments, and catastrophic limits) 

for the provision of mental health services to persons covered by 

this section or section 1086 of this title. The payment requirements 

may vary for different categories of covered beneficiaries, by type 

of mental health service provided, and based on the location of the 

covered beneficiaries. 

(3)(A) Except as provided in subparagraph (B), the Secretary of 

Defense shall require preadmission authorization before inpatient 

mental health services may be provided to persons covered by this 

section or section 1086 of this title. In the case of the provision of 

emergency inpatient mental health services, approval for the continuation of such services shall be required within 72 hours after 

admission. 

(B) Preadmission authorization for inpatient mental health 

services is not required under subparagraph (A) in the following 

cases: 

(i) In the case of an emergency. 

(ii) In a case in which any benefits are payable for such 

services under part A of title XVIII of the Social Security Act 

(42 U.S.C. 1395c et seq.), subject to subparagraph (C). 

(C) In a case of inpatient mental health services to which subparagraph (B)(ii) applies, the Secretary shall require advance authorization for a continuation of the provision of such services after 

benefits cease to be payable for such services under such part A. 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 596 

(j)(1) A benefit may not be paid under a plan covered by this 

section in the case of a person enrolled in, or covered by, any other 

insurance, medical service, or health plan, including any plan offered by a third-party payer (as defined in section 1095(h)(1) of this 

title), to the extent that the benefit is also a benefit under the 

other plan, except in the case of a plan administered under title 

XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 

(2) The amount to be paid to a provider of services for services 

provided under a plan covered by this section shall be determined 

under joint regulations to be prescribed by the administering Secretaries which provide that the amount of such payments shall be determined to the extent practicable in accordance with the same reimbursement rules as apply to payments to providers of services of 

the same type under title XVIII of the Social Security Act (42 

U.S.C. 1395 et seq.). 

(3) A contract for a plan covered by this section shall include 

a clause that prohibits each provider of services under the plan 

from billing any person covered by the plan for any balance of 

charges for services in excess of the amount paid for those services 

under the joint regulations referred to in paragraph (2), except for 

any unpaid amounts of deductibles or copayments that are payable 

directly to the provider by the person. 

(4) In this subsection, the term ‘‘provider of services’’ means a 

hospital, skilled nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program (as defined in 

section 1861(dd)(2) of the Social Security Act (42 U.S.C. 

1395x(dd)(2))), or other institutional facility providing services for 

which payment may be made under a plan covered by this section. 

(k) A plan covered by this section may include provision of 

liver transplants (including the cost of acquisition and transportation of the donated liver) in accordance with this subsection. 

Such a liver transplant may be provided if— 

(1) the transplant is for a dependent considered appropriate for that procedure by the Secretary of Defense in consultation with the other administering Secretaries and such 

other entities as the Secretary considers appropriate; and 

(2) the transplant is to be carried out at a health-care facility that has been approved for that purpose by the Secretary 

of Defense after consultation with the other administering Secretaries and such other entities as the Secretary considers appropriate. 

(l)(1) Contracts entered into under subsection (a) shall also provide for medical care for dependents of former members of the uniformed services who are authorized to receive medical and dental 

care under section 1076(e) of this title in facilities of the uniformed 

services. 

(2) Except as provided in paragraph (3), medical care in the 

case of a dependent described in section 1076(e) shall be furnished 

under the same conditions and subject to the same limitations as 

medical care furnished under this section to spouses and children 

of members of the uniformed services described in the first sentence of subsection (a). 
597 § 1079 CH. 55—MEDICAL AND DENTAL CARE 

(3) Medical care may be furnished to a dependent pursuant to 

paragraph (1) only for an injury, illness, or other condition described in section 1076(e) of this title. 

(m)(1) Subject to paragraph (2), the Secretary of Defense may, 

upon request, make payments under this section for a charge for 

services for which a claim is submitted under a plan contracted for 

under subsection (a) to a hospital that does not impose a legal obligation on any of its patients to pay for such services. 

(2) A payment under paragraph (1) may not exceed the average 

amount paid for comparable services in the geographic area in 

which the hospital is located or, if no comparable services are available in that area, in an area similar to the area in which the hospital is located. 

(3) The Secretary of Defense shall periodically review the billing practices of each hospital the Secretary approves for payment 

under this subsection to ensure that the hospital’s practices of not 

billing patients for payment are not resulting in increased costs to 

the Government. 

(4) The Secretary of Defense may require each hospital the 

Secretary approves for payment under this subsection to provide 

evidence that it has sources of revenue to cover unbilled costs. 

(n) The Secretary of Defense may enter into contracts (or 

amend existing contracts) with fiscal intermediaries under which 

the intermediaries agree to organize and operate, directly or 

through subcontractors, managed health care networks for the provision of health care under this chapter. The managed health care 

networks shall include cost containment methods, such as utilization review and contracting for care on a discounted basis. 

(o)(1) Health care services provided pursuant to this section or 

section 1086 of this title (or pursuant to any other contract or 

project under the Civilian Health and Medical Program of the Uniformed Services) may not include services determined under the 

CHAMPUS Peer Review Organization program to be not medically 

or psychologically necessary. 

(2) The Secretary of Defense, after consulting with the other 

administering Secretaries, may adopt or adapt for use under the 

CHAMPUS Peer Review Organization program, as the Secretary 

considers appropriate, any of the quality and utilization review requirements and procedures that are used by the Peer Review Organization program under part B of title XI of the Social Security Act 

(42 U.S.C. 1320c et seq.). 

(p)(1) Subject to such exceptions as the Secretary of Defense 

considers necessary, coverage for medical care under this section 

for the dependents described in paragraph (3), and standards with 

respect to timely access to such care, shall be comparable to coverage for medical care and standards for timely access to such care 

under the managed care option of the TRICARE program known as 

TRICARE Prime. 

(2) The Secretary of Defense shall enter into arrangements 

with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims 

under this subsection. 

(3) This subsection applies with respect to a dependent referred to in subsection (a) who— 
§ 1079 CH. 55—MEDICAL AND DENTAL CARE 598 

(A) is a dependent of a member of the uniformed services 

referred to in section 1074(c)(3) of this title and is residing 

with the member; 

(B) is a dependent of a member who, after having served 

in a duty assignment described in section 1074(c)(3) of this 

title, has relocated without the dependent pursuant to orders 

for a permanent change of duty station from a remote location 

described in subparagraph (B)(ii) of such section where the 

member and the dependent resided together while the member 

served in such assignment, if the orders do not authorize dependents to accompany the member to the new duty station at 

the expense of the United States and the dependent continues 

to reside at the same remote location, or 

(C) is a dependent of a reserve component member ordered 

to active duty for a period of more than 30 days and is residing 

with the member, and the residence is located more than 50 

miles, or approximately one hour of driving time, from the 

nearest military medical treatment facility adequate to provide 

the needed care. 

(4) The Secretary of Defense may provide for coverage of a dependent referred to in subsection (a) who is not described in paragraph (3) if the Secretary determines that exceptional circumstances warrant such coverage. 

(5) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection. 

(q) Subject to subsection (a), a physician or other health care 

practitioner who is eligible to receive reimbursement for services 

provided under medicare (as defined in section 1086(d)(3)(C) of this 

title) shall be considered approved to provide medical care authorized under this section and section 1086 of this title unless the administering Secretaries have information indicating medicare, 

TRICARE, or other Federal health care program integrity violations by the physician or other health care practitioner. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1448; amended Pub. L. 89–614, 

Sec. 2(6), Sept. 30, 1966, 80 Stat. 863; Pub. L. 92–58, Sec. 1, July 29, 1971, 85 Stat. 157; Pub. 

L. 95–485, title VIII, Sec. 806(a)(1), Oct. 20, 1978, 92 Stat. 1622; Pub. L. 96–342, title VIII, Sec. 

810(a), (b), Sept. 8, 1980, 94 Stat. 1097; Pub. L. 96–513, title V, Sec. 501(13), 511(36), (38), Dec. 

12, 1980, 94 Stat. 2908, 2923; Pub. L. 96–552, Dec. 19, 1980, 94 Stat. 3254; Pub. L. 97–22, Sec. 

11(a)(2), July 10, 1981, 95 Stat. 137; Pub. L. 97–86, title IX, Sec. 906(a)(1), Dec. 1, 1981, 95 

Stat. 1117; Pub. L. 98–94, title IX, Sec. 931(a), title XII, Sec. 1268(4), Sept. 24, 1983, 97 Stat. 

648, 705; Pub. L. 98–525, title VI, Sec. 632(a)(1), title XIV, Sec. 1401(e)(4), 1405(23), Oct. 19, 

1984, 98 Stat. 2543, 2617, 2623; Pub. L. 98–557, Sec. 19(7), Oct. 30, 1984, 98 Stat. 2869; Pub. 

L. 99–661, div. A, title VI, Sec. 652(d), title VII, Sec. 703, Nov. 14, 1986, 100 Stat. 3889, 3900; 

Pub. L. 100–180, div. A, title VII, Sec. 721(a), 726(a), Dec. 4, 1987, 101 Stat. 1115, 1117; Pub. 

L. 100–456, div. A, title VI, Sec. 646(a), Sept. 29, 1988, 102 Stat. 1989; Pub. L. 101–189, div. 

A, title VII, Sec. 730(a), Nov. 29, 1989, 103 Stat. 1481; Pub. L. 101–510, div. A, title VII, Sec. 

701(a), 702(a), 703(a), (b), 712(a), title XIV, Sec. 1484(g)(1), Nov. 5, 1990, 104 Stat. 1580, 1581, 

1583, 1717; Pub. L. 102–25, title III, Sec. 316(b), Apr. 6, 1991, 105 Stat. 87; Pub. L. 102–190, 

div. A, title VII, Sec. 702(b), 711, 712(a), 713, Dec. 5, 1991, 105 Stat. 1400, 1402, 1403; Pub. 

L. 102–484, div. A, title VII, Sec. 704, title X, Sec. 1052(13), 1053(3), Oct. 23, 1992, 106 Stat. 

2432, 2499, 2501; Pub. L. 103–35, title II, Sec. 202(a)(5), May 31, 1993, 107 Stat. 101; Pub. L. 

103–160, div. A, title VII, Sec. 711, 716(c), Nov. 30, 1993, 107 Stat. 1688, 1693; Pub. L. 103– 

337, div. A, title VII, Sec. 702(a), 707(a), Oct. 5, 1994, 108 Stat. 2797, 2800; Pub. L. 104–106, 

div. A, title VII, Secs. 701, 731(a)–(d), Feb. 10, 1996, 110 Stat. 370, 380, 381; Pub. L. 104–201, 

div. A, title VII, Secs. 701(b)(2), 711, 731, 732, 735(c), Sept. 23, 1996, 110 Stat. 2587, 2590, 2597, 

2599; Pub. L. 105–85, div. A, title VII, Sec. 735, Nov. 18, 1997, 111 Stat. 1813; Pub. L. 106– 

398, Sec. 1[[div. A], title VII, Secs. 701(c)(1), 704(b), 722(b)(1), 757(a)], Oct. 30, 2000, 114 Stat. 

1654, 1654A–172, 1654A–185, 1654A–198; Pub. L. 107–107, div. A, title VII, Secs. 701(b), (g)(2), 

703(b), 707(a), (b), title X, Sec. 1048(c)(5), Dec. 28, 2001, 115 Stat. 1158, 1161–1163, 1226; Pub. 

L. 107–314, div. A, title VII, Secs. 701(a), 702, 705(a), Dec. 2, 2002, 116 Stat. 2583, 2584; Pub. 

L. 108–375, div. A, title VII, Sec. 705, Oct. 28, 2004, 118 Stat. 1983; Pub. L. 109–163, div. A, 

title VII, Secs. 714, 715(a), Jan. 6, 2006, 119 Stat. 3344; Pub. L. 109–364, div. A, title VII, Secs. 

701, 702, 703(b), Oct. 17, 2006, 120 Stat. 2279; Pub. L. 110–417, [div. A], title VII, Sec. 732, 
599 § 1080 CH. 55—MEDICAL AND DENTAL CARE 

Oct. 14, 2008, 122 Stat. 4511; Pub. L. 111–84, div. A, title X, Sec. 1073(a)(12), Oct. 28, 2009, 

123 Stat. 2473.) 

§ 1079a. CHAMPUS: treatment of refunds and other 

amounts collected 

All refunds and other amounts collected in the administration 

of the Civilian Health and Medical Program of the Uniformed Services shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected. 

(Added Pub. L. 104–201, div. A, title VII, Sec. 733(a)(1), Sept. 23, 1996, 110 Stat. 2597.) 

§ 1079b. Procedures for charging fees for care provided to 

civilians; retention and use of fees collected 

(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—The Secretary 

of Defense shall implement procedures under which a military 

medical treatment facility may charge civilians who are not covered 

beneficiaries (or their insurers) fees representing the costs, as determined by the Secretary, of trauma and other medical care provided to such civilians. 

(b) USE OF FEES COLLECTED.—A military medical treatment facility may retain and use the amounts collected under subsection 

(a) for— 

(1) trauma consortium activities; 

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

(3) readiness training. 

(Added Pub. L. 107–107, div. A, title VII, Sec. 732(a)(1), Dec. 28, 2001, 115 Stat. 1169.) 

§ 1080. Contracts for medical care for spouses and children: 

election of facilities 

(a) ELECTION.—A dependent covered by section 1079 of this 

title may elect to receive inpatient medical care either in (1) the 

facilities of the uniformed services, under the conditions prescribed 

by sections 1076–1078 of this title, or (2) the facilities provided 

under a plan contracted for under section 1079 of this title. However, under such regulations as the Secretary of Defense, after consulting the other administering Secretaries, may prescribe, the 

right to make this election may be limited for dependents residing 

in the area where the member concerned is assigned, if adequate 

medical facilities of the uniformed services are available in that 

area for those dependents. 

(b) ISSUANCE OF NONAVAILABILITY-OF-HEALTH-CARE STATE- MENTS.—In determining whether to issue a nonavailability-ofhealth-care statement for a dependent described in subsection (a), 

the commanding officer of a facility of the uniformed services may 

consider the availability of health care services for the dependent 

pursuant to any contract or agreement entered into under this 

chapter for the provision of health care services. Notwithstanding 

any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan 

offered pursuant to any contract or agreement under this chapter, 

a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy. 
§ 1081 CH. 55—MEDICAL AND DENTAL CARE 600 

(c) WAIVERS AND EXCEPTIONS TO REQUIREMENTS.—(1) A covered beneficiary enrolled in a managed care plan offered pursuant 

to any contract or agreement under this chapter for the provision 

of health care services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of 

health care. 

(2) The Secretary of Defense may waive the requirement to obtain nonavailability-of-health-care statements following an evaluation of the effectiveness of such statements in optimizing the use 

of facilities of the uniformed services. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, 

title V, Sec. 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, Sec. 19(8), Oct. 30, 1984, 

98 Stat. 2870; Pub. L. 103–160, div. A, title VII, Sec. 716(b)(1), Nov. 30, 1993, 107 Stat. 1692; 

Pub. L. 104–201, div. A, title VII, Sec. 734(a)(1), (b)(1), (c), Sept. 23, 1996, 110 Stat. 2598; Pub. 

L. 106–65, div. A, title VII, Sec. 712(c), Oct. 5, 1999, 113 Stat. 687.) 

§ 1081. Contracts for medical care for spouses and children: 

review and adjustment of payments 

Each plan under section 1079 of this title shall provide for a 

review, and if necessary an adjustment of payments, by the appropriate administering Secretary, not later than 120 days after the 

close of each year the plan is in effect. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, 

title V, Sec. 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 97–375, title I, Sec. 104(a), Dec. 21, 

1982, 96 Stat. 1819; Pub. L. 98–94, title XII, Sec. 1268(5)(A), Sept. 24, 1983, 97 Stat. 706; Pub. 

L. 98–557, Sec. 19(9), Oct. 30, 1984, 98 Stat. 2870.) 

§ 1082. Contracts for health care: advisory committees 

To carry out sections 1079–1081 and 1086 of this title, the Secretary of Defense may establish advisory committees on insurance, 

medical service, and health plans, to advise and make recommendations to him. He shall prescribe regulations defining their 

scope, activities, and procedures. Each committee shall consist of 

the Secretary, or his designee, as chairman, and such other persons 

as the Secretary may select. So far as possible, the members shall 

be representative of the organizations in the field of insurance, 

medical service, and health plans. They shall serve without compensation but may be allowed transportation and a per diem payment in place of subsistence and other expenses. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 89–614, 

Sec. 2(8), Sept. 30, 1966, 80 Stat. 866.) 

§ 1083. Contracts for medical care for spouses and children: 

additional hospitalization 

If a dependent covered by a plan under section 1079 of this 

title needs hospitalization beyond the time limits in that plan, and 

if the hospitalization is authorized in medical facilities of the uniformed services, he may be transferred to such a facility for additional hospitalization. If transfer is not feasible, the expenses of additional hospitalization in the civilian facility may be paid under 

such regulations as the Secretary of Defense may prescribe after 

consulting the other administering Secretaries. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1449; amended Pub. L. 96–513, 

title V, Sec. 511(36), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 98–557, Sec. 19(10), Oct. 30, 1984, 

98 Stat. 2870.) 
601 § 1086 CH. 55—MEDICAL AND DENTAL CARE 

§ 1084. Determinations of dependency 

A determination of dependency by an administering Secretary 

under this chapter is conclusive. However, the administering Secretary may change a determination because of new evidence or for 

other good cause. The Secretary’s determination may not be reviewed in any court or by the Comptroller General, unless there 

has been fraud or gross negligence. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; amended Pub. L. 89–614, 

Sec. 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 96–513, title V, Sec. 511(34)(A), (36), Dec. 12, 

1980, 94 Stat. 2922, 2923; Pub. L. 98–557, Sec. 19(11), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 

108–375, div. A, title X, Sec. 1084(c)(1), Oct. 28, 2004, 118 Stat. 2061.) 

§ 1085. Medical and dental care from another executive department: reimbursement 

If a member or former member of a uniformed service under 

the jurisdiction of one executive department (or a dependent of 

such a member or former member) receives inpatient medical or 

dental care in a facility under the jurisdiction of another executive 

department, the appropriation for maintaining and operating the 

facility furnishing the care shall be reimbursed at rates established 

by the President to reflect the average cost of providing the care. 

(Added Pub. L. 85–861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1450; amended Pub. L. 89–264, 

Sec. 1, Oct. 19, 1965, 79 Stat. 989; Pub. L. 96–513, title V, Sec. 511(36), (37), Dec. 12, 1980, 

94 Stat. 2923; Pub. L. 98–94, title XII, Sec. 1268(6), Sept. 24, 1983, 97 Stat. 706; Pub. L. 98– 

557, Sec. 19(12), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–145, title XIII, Sec. 1303(a)(8), Nov. 

8, 1985, 99 Stat. 739.) 

§ 1086. Contracts for health benefits for certain members, 

former members, and their dependents 

(a) To assure that health benefits are available for the persons 

covered by subsection (c), the Secretary of Defense, after consulting 

with the other administering Secretaries, shall contract under the 

authority of this section for health benefits for those persons under 

the same insurance, medical service, or health plans he contracts 

for under section 1079(a) of this title. However, eye examinations 

may not be provided under such plans for persons covered by subsection (c). 

(b) For persons covered by this section the plans contracted for 

under section 1079(a) of this title shall contain the following provisions for payment by the patient: 

(1) Except as provided in clause (2), the first $150 each fiscal year of the charges for all types of care authorized by this 

section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a fiscal 

year. 

(2) A family group of two or more persons covered by this 

section shall not be required to pay collectively more than the 

first $300 each fiscal year of the charges for all types of care 

authorized by this section and received while in an outpatient 

status and 25 percent of the additional charges for such care 

during a fiscal year. 

(3) 25 percent of the charges for inpatient care, except that 

in no case may the charges for inpatient care for a patient exceed $535 per day during the period beginning on April 1, 

2006, and ending on September 30, 2011. The Secretary of De-
§ 1086 CH. 55—MEDICAL AND DENTAL CARE 602 

fense may exempt a patient from paying such charges if the 

hospital to which the patient is admitted does not impose a 

legal obligation on any of its patients to pay for inpatient care. 

(4) A member or former member of a uniformed service 

covered by this section by reason of section 1074(b) of this title, 

or an individual or family group of two or more persons covered by this section, may not be required to pay a total of more 

than $3,000 for health care received during any fiscal year 

under a plan contracted for under section 1079(a) of this title. 

(c) Except as provided in subsection (d), the following persons 

are eligible for health benefits under this section: 

(1) Those covered by sections 1074(b) and 1076(b) of this 

title, except those covered by section 1072(2)(E) of this title. 

(2) A dependent (other than a dependent covered by section 1072(2)(E) of this title) of a member of a uniformed service— 

(A) who died while on active duty for a period of more 

than 30 days; or 

(B) who died from an injury, illness, or disease incurred or aggravated— 

(i) while on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive duty training; or 

(ii) while traveling to or from the place at which 

the member is to perform, or has performed, such active duty, active duty for training, or inactive duty 

training. 

(3) A dependent covered by clause (F), (G), or (H) of section 

1072(2) of this title who is not eligible under paragraph (1). 

(d)(1) A person who is entitled to hospital insurance benefits 

under part A of title XVIII of the Social Security Act (42 U.S.C. 

1395c et seq.) is not eligible for health benefits under this section. 

(2) The prohibition contained in paragraph (1) shall not apply 

to a person referred to in subsection (c) who— 

(A) is enrolled in the supplementary medical insurance 

program under part B of such title (42 U.S.C. 1395j et seq.); 

and 

(B) in the case of a person under 65 years of age, is entitled to hospital insurance benefits under part A of title XVIII 

of the Social Security Act pursuant to subparagraph (A) or (C) 

of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or section 

226A(a) of such Act (42 U.S.C. 426–1(a)). 

(3)(A) Subject to subparagraph (B), if a person described in 

paragraph (2) receives medical or dental care for which payment 

may be made under medicare and a plan contracted for under subsection (a), the amount payable for that care under the plan shall 

be the amount of the actual out-of-pocket costs incurred by the person for that care over the sum of— 

(i) the amount paid for that care under medicare; and 

(ii) the total of all amounts paid or payable by third party 

payers other than medicare. 

(B) The amount payable for care under a plan pursuant to subparagraph (A) may not exceed the total amount that would be paid 
603 § 1086 CH. 55—MEDICAL AND DENTAL CARE 

under the plan if payment for that care were made solely under the 

plan. 

(C) In this paragraph: 

(i) The term ‘‘medicare’’ means title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). 

(ii) The term ‘‘third party payer’’ has the meaning given 

such term in section 1095(h)(1) of this title. 

(4)(A) If a person referred to in subsection (c) and described by 

paragraph (2)(B) is subject to a retroactive determination by the 

Social Security Administration of entitlement to hospital insurance 

benefits described in paragraph (1), the person shall, during the period described in subparagraph (B), be deemed for purposes of 

health benefits under this section— 

(i) not to have been covered by paragraph (1); and 

(ii) not to have been subject to the requirements of section 

1079(j)(1) of this title, whether through the operation of such 

section or subsection (g) of this section. 

(B) The period described in this subparagraph with respect to 

a person covered by subparagraph (A) is the period that— 

(i) begins on the date that eligibility of the person for hospital insurance benefits referred to in paragraph (1) is effective 

under the retroactive determination of eligibility with respect 

to the person as described in subparagraph (A); and 

(ii) ends on the date of the issuance of such retroactive determination of eligibility by the Social Security Administration. 

(5) The administering Secretaries shall develop a mechanism 

by which persons described in subparagraph (B) of paragraph (2) 

who do not satisfy the condition specified in subparagraph (A) of 

such paragraph are promptly notified of their ineligibility for 

health benefits under this section. In developing the notification 

mechanism, the administering Secretaries shall consult with the 

administrator of the Centers for Medicare & Medicaid Services. 

(e) A person covered by this section may elect to receive inpatient medical care either in (1) Government facilities, under the 

conditions prescribed in sections 1074 and 1076–1078 of this title, 

or (2) the facilities provided under a plan contracted for under this 

section. However, under joint regulations issued by the administering Secretaries, the right to make this election may be limited 

for those persons residing in an area where adequate facilities of 

the uniformed service are available. In addition, subsections (b) 

and (c) of section 1080 of this title shall apply in making the determination whether to issue a nonavailability of health care statement for a person covered by this section. 

(f) The provisions of section 1079(h) of this title shall apply to 

payments for services by an individual health-care professional (or 

other noninstitutional health-care provider) under a plan contracted for under subsection (a). 

(g) Section 1079(j) of this title shall apply to a plan contracted 

for under this section, except that no person eligible for health benefits under this section may be denied benefits under this section 

with respect to care or treatment for any service-connected disability which is compensable under chapter 11 of title 38 solely on 

the basis that such person is entitled to care or treatment for such 

disability in facilities of the Department of Veterans Affairs. 
§ 1086a CH. 55—MEDICAL AND DENTAL CARE 604 

(h)(1) Subject to paragraph (2), the Secretary of Defense may, 

upon request, make payments under this section for a charge for 

services for which a claim is submitted under a plan contracted for 

under subsection (a) to a hospital that does not impose a legal obligation on any of its patients to pay for such services. 

(2) A payment under paragraph (1) may not exceed the average 

amount paid for comparable services in the geographic area in 

which the hospital is located or, if no comparable services are available in that area, in an area similar to the area in which the hospital is located. 

(3) The Secretary of Defense shall periodically review the billing practices of each hospital the Secretary approves for payment 

under this subsection to ensure that the hospital’s practices of not 

billing patients for payment are not resulting in increased costs to 

the Government. 

(4) The Secretary of Defense may require each hospital the 

Secretary approves for payment under this subsection to provide 

evidence that it has sources of revenue to cover unbilled costs. 

(Added Pub. L. 89–614, Sec. 2(7), Sept. 30, 1966, 80 Stat. 865; amended Pub. L. 95–485, title 

VIII, Sec. 806(a)(2), Oct. 20, 1978, 92 Stat. 1622; Pub. L. 96–173, Sec. 1, Dec. 29, 1979, 93 Stat. 

1287; Pub. L. 96–513, title V, Sec. 501(14), 511(36), (39), Dec. 12, 1980, 94 Stat. 2908, 2923; 

Pub. L. 97–86, title IX, Sec. 906(a)(2), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–252, title X, Sec. 

1004(c), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98–94, title IX, Sec. 931(b), Sept. 24, 1983, 97 Stat. 

649; Pub. L. 98–525, title VI, Sec. 632(a)(2), Oct. 19, 1984, 98 Stat. 2543; Pub. L. 98–557, Sec. 

19(13), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–145, title VI, Sec. 652(b), Nov. 8, 1985, 99 Stat. 

657; Pub. L. 99–661, div. A, title VI, Sec. 604(f)(1)(C), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 

100–180, div. A, title VII, Sec. 721(b), Dec. 4, 1987, 101 Stat. 1115; Pub. L. 100–456, div. A, 

title VI, Sec. 646(b), Sept. 29, 1988, 102 Stat. 1989; Pub. L. 101–189, div. A, title VII, Sec. 

731(c)(2), title XVI, Sec. 1621(a)(3), Nov. 29, 1989, 103 Stat. 1482, 1603; Pub. L. 101–510, div. 

A, title VII, Sec. 712(b), Nov. 5, 1990, 104 Stat. 1583; Pub. L. 102–190, div. A, title VII, Sec. 

704(a), (b)(1), Dec. 5, 1991, 105 Stat. 1401; Pub. L. 102–484, div. A, title VII, Sec. 703(a), 705(a), 

Oct. 23, 1992, 106 Stat. 2432; Pub. L. 103–35, title II, Sec. 203(b)(2), May 31, 1993, 107 Stat. 

102; Pub. L. 103–160, div. A, title VII, Sec. 716(b)(2), Nov. 30, 1993, 107 Stat. 1693; Pub. L. 

103–337, div. A, title VII, Sec. 711, Oct. 5, 1994, 108 Stat. 2801; Pub. L. 104–106, div. A, title 

VII, Sec. 732, Feb. 10, 1996, 110 Stat. 381; Pub. L. 104–201, div. A, title VII, Sec. 734(a)(2), 

(b)(2), Sept. 23, 1996, 110 Stat. 2598; Pub. L. 106–398, Sec. 1[[div. A], title VII, Secs. 712(a)(1), 

759], Oct. 30, 2000, 114 Stat. 1654, 1654A–176, 1654A–200; Pub. L. 108–173, title IX, Sec. 

900(e)(4)(A), Dec. 8, 2003, 117 Stat. 2373; Pub. L. 109–364, div. A, title VII, Sec. 704(b), Oct. 

17, 2006, 120 Stat. 2280; Pub. L. 110–181, div. A, title VII, Sec. 701(b), Jan. 28, 2008, 122 Stat. 

187; Pub. L. 110–417, [div. A], title VII, Sec. 701(b), Oct. 14, 2008, 122 Stat. 4498; Pub. L. 111– 

84, div. A, title VII, Secs. 706, 709, Oct. 28, 2009, 123 Stat. 2375, 2378; Pub. L. 111–383, div. 

A, title VII, Sec. 701(b), Jan. 7, 2011, 124 Stat. 4244.) 

§ 1086a. Certain former spouses: extension of period of eligibility for health benefits 

(a) AVAILABILITY OF CONVERSION HEALTH POLICIES.—The Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under section 1072(2)(H) of this 

title of the availability of a conversion health policy for purchase 

by the person. A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period. 

(b) EFFECT OF PURCHASE.—(1) Subject to paragraph (2), if a 

person who is a dependent for a one-year period under section 

1072(2)(H) of this title purchases a conversion health policy within 

that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to 

be eligible for medical and dental care in the manner described in 

section 1076 of this title and health benefits under section 1086 of 

this title until the end of the 24-month period beginning on the 

later of— 
605 § 1086b CH. 55—MEDICAL AND DENTAL CARE 

(A) the date the person is no longer a dependent under section 1072(2)(H) of this title; and 

(B) the date of the purchase of the policy. 

(2) The extended period of eligibility provided under paragraph 

(1) shall apply only with regard to a condition of the person that— 

(A) exists on the date on which coverage under the conversion health policy begins; and 

(B) for which care is not provided under the policy solely 

on the grounds that the condition is a preexisting condition. 

(c) EFFECT OF UNAVAILABILITY OF POLICIES.—(1) If the Secretary of Defense is unable, within a reasonable time, to enter into 

a contract with a private insurer to offer conversion health policies 

under subsection (a) at a rate not to exceed the payment required 

under section 8905a(d)(1)(A) of title 5 for comparable coverage, the 

Secretary shall provide the coverage required under such a policy 

through the Civilian Health and Medical Program of the Uniformed 

Services. Subject to paragraph (2), a person receiving coverage 

under this subsection shall be required to pay into the Military 

Health Care Account or other appropriate account an amount equal 

to the sum of— 

(A) the individual and Government contributions which 

would be required in the case of a person enrolled in a health 

benefits plan contracted for under section 1079 of this title; 

and 

(B) an amount necessary for administrative expenses, but 

not to exceed two percent of the amount under subparagraph 

(A). 

(2) The amount paid by a person who purchases a conversion 

health policy from the Secretary of Defense under paragraph (1) 

may not exceed the payment required under section 8905a(d)(1)(A) 

of title 5 for comparable coverage. 

(3) In order to reduce premiums required under paragraph (1), 

the Secretary of Defense may offer a program of coverage that, 

with respect to mental health services, offers reduced coverage and 

increased cost-sharing by the purchaser. 

(d) CONVERSION HEALTH POLICY DEFINED.—In this section, the 

term ‘‘conversion health policy’’ means a health insurance policy 

with a private insurer, developed through negotiations between the 

Secretary of Defense and the private insurer, that is available for 

purchase by or for the use of a person who is a dependent for a 

one-year period under section 1072(2)(H) of this title. 

(Added Pub. L. 101–189, div. A, title VII, Sec. 731(b)(1), Nov. 29, 1989, 103 Stat. 1482; amended 

Pub. L. 102–484, div. D, title XLIV, Sec. 4407(b), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103– 

35, title II, Sec. 202(a)(16), May 31, 1993, 107 Stat. 102.) 

§ 1086b. Prohibition against requiring retired members to 

receive health care solely through the Department 

of Defense 

The Secretary of Defense may not take any action that would 

require, or have the effect of requiring, a member or former member of the armed forces who is entitled to retired or retainer pay 

to enroll to receive health care from the Federal Government only 

through the Department of Defense. 

(Added Pub. L. 107–107, div. A, title VII, Sec. 731(a), Dec. 28, 2001, 115 Stat. 1169.) 
§ 1087 CH. 55—MEDICAL AND DENTAL CARE 606 

§ 1087. Programing facilities for certain members, former 

members, and their dependents in construction 

projects of the uniformed services 

(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 healthcare 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, Sec. 2(7), Sept. 30, 1966, 80 Stat. 866; amended Pub. L. 97–337, Sec. 

1, Oct. 15, 1982, 96 Stat. 1631; Pub. L. 98–525, title XIV, Sec. 1405(24), Oct. 19, 1984, 98 Stat. 

2623; Pub. L. 99–661, div. A, title XIII, Sec. 1343(a)(4), Nov. 14, 1986, 100 Stat. 3992.) 

§ 1088. Air evacuation patients: furnished subsistence 

Notwithstanding any other provision of law, and under regulations to be prescribed by the Secretary concerned, a person entitled 

to medical and dental care under this chapter may be furnished 

subsistence without charge while being evacuated as a patient by 

military aircraft of the United States. 

(Added Pub. L. 91–481, Sec. 2(1), Oct. 21, 1970, 84 Stat. 1081.) 

§ 1089. Defense of certain suits arising out of medical malpractice 

(a) The remedy against the United States provided by sections 

1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of 

any physician, dentist, nurse, pharmacist, or paramedical or other 

supporting personnel (including medical and dental technicians, 
607 § 1089 CH. 55—MEDICAL AND DENTAL CARE 

nursing assistants, and therapists) of the armed forces, the National Guard while engaged in training or duty under section 316, 

502, 503, 504, or 505 of title 32, the Department of Defense, the 

Armed Forces Retirement Home, or the Central Intelligence Agency in the performance of medical, dental, or related health care 

functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. This subsection shall 

also apply if the physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) 

involved is serving under a personal services contract entered into 

under section 1091 of this title. 

(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such 

injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, 

all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the head of the agency concerned to receive such papers 

and such person shall promptly furnish copies of the pleading and 

process therein to the United States attorney for the district embracing the place wherein the action or proceeding is brought, to 

the Attorney General and to the head of the agency concerned. 

(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which 

the suit arose, any such civil action or proceeding commenced in a 

State court shall be removed without bond at any time before trial 

by the Attorney General to the District Court of the United States 

of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the 

United States under the provisions of title 28 and all references 

thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that 

the case so removed is one in which a remedy by suit within the 

meaning of subsection (a) of this section is not available against the 

United States, the case shall be remanded to the State court. 

(d) The Attorney General may compromise or settle any claim 

asserted in such civil action or proceeding in the manner provided 

in section 2677 of title 28, and with the same effect. 

(e) For purposes of this section, the provisions of section 

2680(h) of title 28 shall not apply to any cause of action arising out 

of a negligent or wrongful act or omission in the performance of 

medical, dental, or related health care functions (including clinical 

studies and investigations). 

(f)(1) The head of the agency concerned may, to the extent that 

the head of the agency concerned considers appropriate, hold harmless or provide liability insurance for any person described in sub-
§ 1090 CH. 55—MEDICAL AND DENTAL CARE 608 

section (a) for damages for personal injury, including death, caused 

by such person’s negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the 

scope of such person’s duties if such person is assigned to a foreign 

country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such 

as are likely to preclude the remedies of third persons against the 

United States described in section 1346(b) of title 28, for such damage or injury. 

(2) With respect to the Secretary of Defense and the Armed 

Forces Retirement Home Board, the authority provided by paragraph (1) also includes the authority to provide for reasonable attorney’s fees for persons described in subsection (a), as determined 

necessary pursuant to regulations prescribed by the head of the 

agency concerned. 

(g) In this section, the term ‘‘head of the agency concerned’’ 

means— 

(1) the Director of the Central Intelligence Agency, in the 

case of an employee of the Central Intelligence Agency; 

(2) the Secretary of Homeland Security, in the case of a 

member or employee of the Coast Guard when it is not operating as a service in the Navy; 

(3) the Armed Forces Retirement Home Board, in the case 

of an employee of the Armed Forces Retirement Home; and 

(4) the Secretary of Defense, in all other cases. 

(Added Pub. L. 94–464, Sec. 1(a), Oct. 8, 1976, 90 Stat. 1985; amended Pub. L. 97–124, Sec. 

2, Dec. 29, 1981, 95 Stat. 1666; Pub. L. 98–94, title IX, Sec. 934(a)–(c), Sept. 24, 1983, 97 Stat. 

651, 652; Pub. L. 100–180, div. A, title XII, Sec. 1231(18)(A), Dec. 4, 1987, 101 Stat. 1161; Pub. 

L. 101–510, div. A, title XV, Sec. 1533(a)(1), Nov. 5, 1990, 104 Stat. 1733; Pub. L. 105–85, div. 

A, title VII, Sec. 736(b), Nov. 18, 1997, 111 Stat. 1814; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title IX, Sec. 931(b)(3), Jan. 

28, 2008, 122 Stat. 285.) 

§ 1090. Identifying and treating drug and alcohol dependence 

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as 

a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the 

armed forces who are dependent on drugs or alcohol. 

(Added Pub. L. 97–295, Sec. 1(15)(A), Oct. 12, 1982, 96 Stat. 1290; amended Pub. L. 98–94, title 

XII, Sec. 1268(7), Sept. 24, 1983, 97 Stat. 706; Pub. L. 101–510, div. A, title V, Sec. 553, Nov. 

5, 1990, 104 Stat. 1567; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 

2314.) 

§ 1091. Personal services contracts 

(a) AUTHORITY.—(1) The Secretary of Defense, with respect to 

medical treatment facilities of the Department of Defense, and the 

Secretary of Homeland Security, with respect to medical treatment 

facilities of the Coast Guard when the Coast Guard is not operating 

as a service in the Navy, may enter into personal services contracts 

to carry out health care responsibilities in such facilities, as determined to be necessary by the Secretary. The authority provided in 

this subsection is in addition to any other contract authorities of 
609 § 1092 CH. 55—MEDICAL AND DENTAL CARE 

the Secretary, including authorities relating to the management of 

such facilities and the administration of this chapter. 

(2) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at 

Military Entrance Processing Stations) at locations outside medical 

treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary. 

(b) LIMITATION ON AMOUNT OF COMPENSATION.—In no case 

may the total amount of compensation paid to an individual in any 

year under a personal services contract entered into under subsection (a) exceed the amount of annual compensation (excluding 

the allowances for expenses) specified in section 102 of title 3. 

(c) PROCEDURES.—(1) The Secretary shall establish by regulation procedures for entering into personal services contracts with 

individuals under subsection (a). At a minimum, such procedures 

shall assure— 

(A) the provision of adequate notice of contract opportunities to individuals residing in the area of the medical treatment facility involved; and 

(B) consideration of interested individuals solely on the 

basis of the qualifications established for the contract and the 

proposed contract price. 

(2) Upon the establishment of the procedures under paragraph 

(1), the Secretary may exempt contracts covered by this section 

from the competitive contracting requirements specified in section 

2304 of this title or any other similar requirements of law. 

(d) EXCEPTIONS.—The procedures and exemptions provided 

under subsection (c) shall not apply to personal services contracts 

entered into under subsection (a) with entities other than individuals or to any contract that is not an authorized personal services 

contract under subsection (a). 

(Added Pub. L. 98–94, title IX, Sec. 932(a)(1), Sept. 24, 1983, 97 Stat. 649; amended Pub. L. 

101–510, div. A, title VII, Sec. 714, Nov. 5, 1990, 104 Stat. 1584; Pub. L. 103–160, div. A, title 

VII, Sec. 712(a)(1), Nov. 30, 1993, 107 Stat. 1688; Pub. L. 104–106, div. A, title VII, Sec. 733(a), 

Feb. 10, 1996, 110 Stat. 381; Pub. L. 105–85, div. A, title VII, Sec. 736(a), Nov. 18, 1997, 111 

Stat. 1814; Pub. L. 105–261, div. A, title VII, Sec. 733(a), Oct. 17, 1998, 112 Stat. 2072; Pub. 

L. 106–398, Sec. 1[[div. A], title VII, Sec. 705], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; Pub. 

L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, 

title VII, Sec. 707, Dec. 2, 2002, 116 Stat. 2585; Pub. L. 108–136, div. A, title VII, Sec. 721, 

Nov. 24, 2003, 117 Stat. 1531.) 

§ 1092. Studies and demonstration projects relating to delivery of health and medical care 

(a)(1) The Secretary of Defense, in consultation with the other 

administering Secretaries, shall conduct studies and demonstration 

projects on the health care delivery system of the uniformed services with a view to improving the quality, efficiency, convenience, 

and cost effectiveness of providing health care services (including 

dental care services) under this title to members and former members and their dependents. Such studies and demonstration 

projects may include the following: 

(A) Alternative methods of payment for health and medical 

care services. 
§ 1092 CH. 55—MEDICAL AND DENTAL CARE 610 

(B) Cost-sharing by eligible beneficiaries. 

(C) Methods of encouraging efficient and economical delivery of health and medical care services. 

(D) Innovative approaches to delivery and financing of 

health and medical care services. 

(E) Alternative approaches to reimbursement for the administrative charges of health care plans. 

(F) Prepayment for medical care services provided to maintain the health of a defined population. 

(2) The Secretary of Defense shall include in the studies conducted under paragraph (1) alternative programs for the provision 

of dental care to the spouses and dependents of members of the 

uniformed services who are on active duty, including a program 

under which dental care would be provided the spouses and dependents of such members under insurance or dental plan contracts. A demonstration project may not be conducted under this 

section that provides for the furnishing of dental care under an insurance or dental plan contract. 

(3) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to provide awards and incentives to members of the armed forces and covered beneficiaries who obtain 

health promotion and disease prevention health care services under 

the TRICARE program in accordance with terms and schedules 

prescribed by the Secretary. Such awards and incentives may include cash awards and, in the case of members of the armed forces, 

personnel incentives. 

(4)(A) The Secretary of Defense may, in consultation with the 

other administering Secretaries, include in the studies and demonstration projects conducted under paragraph (1) studies and 

demonstration projects to provide awards or incentives to individual health care professionals under the authority of such Secretaries, including members of the uniformed services, Federal civilian employees, and contractor personnel, to encourage and reward 

effective implementation of innovative health care programs designed to improve quality, cost-effectiveness, health promotion, 

medical readiness, and other priority objectives. Such awards and 

incentives may include cash awards and, in the case of members 

of the armed forces and Federal civilian employees, personnel incentives. 

(B) Amounts available for the pay of members of the uniformed 

services shall be available for awards and incentives under this 

paragraph with respect to members of the uniformed services. 

(5) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to improve the medical and dental readiness of members of reserve components of the armed forces, including the provision of health care services to such members for which 

they are not otherwise entitled or eligible under this chapter. 

(6) The Secretary of Defense may include in the studies and 

demonstration projects conducted under paragraph (1) studies and 

demonstration projects to improve the continuity of health care 

services for family members of mobilized members of the reserve 

components of the armed forces who are eligible for such services 
611 § 1093 CH. 55—MEDICAL AND DENTAL CARE 

under this chapter, including payment of a stipend for continuation 

of employer-provided health coverage during extended periods of 

active duty. 

(b) Subject to the availability of appropriations for that purpose, the Secretary of Defense may enter into contracts with public 

or private agencies, institutions, and organizations to conduct studies and demonstration projects under subsection (a). 

(c) The Secretary of Defense may obtain the advice and recommendations of such advisory committees as the Secretary considers appropriate. Each such committee consulted by the Secretary under this subsection shall evaluate the proposed study or 

demonstration project as to the soundness of the objectives of such 

study or demonstration project, the likelihood of obtaining productive results based on such study or demonstration project, the resources which were required to conduct such study or demonstration project, and the relationship of such study or demonstration 

project to other ongoing or completed studies and demonstration 

projects. 

(Added Pub. L. 98–94, title IX, Sec. 933(a)(1), Sept. 24, 1983, 97 Stat. 650; amended Pub. L. 

98–557, Sec. 19(14), Oct. 30, 1984, 98 Stat. 2870; Pub. L. 105–261, div. A, title X, Sec. 1031(a), 

Oct. 17, 1998, 112 Stat. 2123; Pub. L. 110–417, [div. A], title VII, Sec. 715, Oct. 14, 2008, 122 

Stat. 4505.) 

§ 1092a. Persons entering the armed forces: baseline health 

data 

(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 

out a program— 

(1) to collect baseline health data from each person entering the armed forces, at the time of entry into the armed 

forces; and 

(2) to provide for computerized compilation and maintenance of the baseline health data. 

(b) PURPOSES.—The program under this section shall be designed to achieve the following purposes: 

(1) To facilitate understanding of how subsequent exposures related to service in the armed forces affect health. 

(2) To facilitate development of early intervention and prevention programs to protect health and readiness. 

(Added Pub. L. 108–375, div. A, title VII, Sec. 733(a)(1), Oct. 28, 2004, 118 Stat. 1997.) 

§ 1093. Performance of abortions: restrictions 

(a) RESTRICTION ON USE OF FUNDS.—Funds available to the 

Department of Defense may not be used to perform abortions except where the life of the mother would be endangered if the fetus 

were carried to term. 

(b) RESTRICTION ON USE OF FACILITIES.—No medical treatment 

facility or other facility of the Department of Defense may be used 

to perform an abortion except where the life of the mother would 

be endangered if the fetus were carried to term or in a case in 

which the pregnancy is the result of an act of rape or incest. 

(Added Pub. L. 98–525, title XIV, Sec. 1401(e)(5)(A), Oct. 19, 1984, 98 Stat. 2617; amended Pub. 

L. 104–106, div. A, title VII, Sec. 738(a), (b)(1), Feb. 10, 1996, 110 Stat. 383.) 
§ 1094 CH. 55—MEDICAL AND DENTAL CARE 612 

§ 1094. Licensure requirement for health-care professionals 

(a)(1) A person under the jurisdiction of the Secretary of a military department may not provide health care independently as a 

health-care professional under this chapter unless the person has 

a current license to provide such care. In the case of a physician, 

the physician may not provide health care as a physician under 

this chapter unless the current license is an unrestricted license 

that is not subject to limitation on the scope of practice ordinarily 

granted to other physicians for a similar specialty by the jurisdiction that granted the license. 

(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall 

prescribe by regulation the circumstances under which such a 

waiver may be granted. 

(b) The commanding officer of each health care facility of the 

Department of Defense shall ensure that each person who provides 

health care independently as a health-care professional at the facility meets the requirement of subsection (a). 

(c)(1) A person (other than a person subject to chapter 47 of 

this title) who provides health care in violation of subsection (a) is 

subject to a civil money penalty of not more than $5,000. 

(2) The provisions of subsections (c) and (e) through (h) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall 

apply to the imposition of a civil money penalty under paragraph 

(1) in the same manner as they apply to the imposition of a civil 

money penalty under that section, except that for purposes of this 

subsection— 

(A) a reference to the Secretary in that section is deemed 

a reference to the Secretary of Defense; and 

(B) a reference to a claimant in subsection (e) of that section is deemed a reference to the person described in paragraph (1). 

(d)(1) Notwithstanding any law regarding the licensure of 

health care providers, a health-care professional described in paragraph (2) or (3) may practice the health profession or professions 

of the health-care professional in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United 

States, regardless of whether the practice occurs in a health care 

facility of the Department of Defense, a civilian facility affiliated 

with the Department of Defense, or any other location authorized 

by the Secretary of Defense. 

(2) A health-care professional referred to in paragraph (1) as 

being described in this paragraph is a member of the armed forces 

who— 

(A) has a current license to practice medicine, osteopathic 

medicine, dentistry, or another health profession; and 

(B) is performing authorized duties for the Department of 

Defense. 

(3) A health-care professional referred to in paragraph (1) as 

being described in this paragraph is a member of the National 

Guard who— 

(A) has a current license to practice medicine, osteopathic 

medicine, dentistry, or another health profession; and 
613 § 1095 CH. 55—MEDICAL AND DENTAL CARE 

(B) is performing training or duty under section 502(f) of 

title 32 in response to an actual or potential disaster. 

(e) In this section: 

(1) The term ‘‘license’’— 

(A) means a grant of permission by an official agency 

of a State, the District of Columbia, or a Commonwealth, 

territory, or possession of the United States to provide 

health care independently as a health-care professional; 

and 

(B) includes, in the case of such care furnished in a 

foreign country by any person who is not a national of the 

United States, a grant of permission by an official agency 

of that foreign country for that person to provide health 

care independently as a health-care professional. 

(2) The term ‘‘health-care professional’’ means a physician, 

dentist, clinical psychologist, marriage and family therapist 

certified as such by a certification recognized by the Secretary 

of Defense, or nurse and any other person providing direct patient care as may be designated by the Secretary of Defense in 

regulations. 

(Added Pub. L. 99–145, title VI, Sec. 653(a)(1), Nov. 8, 1985, 99 Stat. 657; amended Pub. L. 99– 

661, div. A, title XIII, Sec. 1343(a)(5), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101–189, div. A, 

title VI, Sec. 653(e)(1), title XVI, Sec. 1622(e)(3), Nov. 29, 1989, 103 Stat. 1463, 1605; Pub. L. 

105–85, div. A, title VII, Sec. 737, Nov. 18, 1997, 111 Stat. 1814; Pub. L. 105–261, div. A, title 

VII, Sec. 734(a), Oct. 17, 1998, 112 Stat. 2072; Pub. L. 108–375, div. A, title VII, Sec. 717(b), 

Oct. 28, 2004, 118 Stat. 1986; Pub. L. 111–383, div. A, title VII, Sec. 713, Jan. 7, 2011, 124 

Stat. 4247.) 

§ 1094a. Continuing medical education requirements: system for monitoring physician compliance 

The Secretary of Defense shall establish a mechanism for ensuring that each person under the jurisdiction of the Secretary of 

a military department who provides health care under this chapter 

as a physician satisfies the continuing medical education requirements applicable to the physician. 

(Added Pub. L. 105–261, div. A, title VII, Sec. 734(b), Oct. 17, 1998, 112 Stat. 2073.) 

§ 1095. Health care services incurred on behalf of covered 

beneficiaries: collection from third-party payers 

(a)(1) In the case of a person who is a covered beneficiary, the 

United States shall have the right to collect from a third-party 

payer reasonable charges for of health care services incurred by the 

United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to 

receive reimbursement or indemnification from the third-party 

payer if the person were to incur such charges on the person’s own 

behalf. If the insurance, medical service, or health plan of that 

payer includes a requirement for a deductible or copayment by the 

beneficiary of the plan, then the amount that the United States 

may collect from the third-party payer is a reasonable charge for 

the care provided less the appropriate deductible or copayment 

amount. 

(2) A covered beneficiary may not be required to pay an additional amount to the United States for health care services by reason of this section. 
§ 1095 CH. 55—MEDICAL AND DENTAL CARE 614 

(b) No provision of any insurance, medical service, or health 

plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care shall operate 

to prevent collection by the United States under subsection (a) if 

that care is provided— 

(1) through a facility of the uniformed services; 

(2) directly or indirectly by a governmental entity; 

(3) to an individual who has no obligation to pay for that 

care or for whom no other person has a legal obligation to pay; 

or 

(4) by a provider with which the third party payer has no 

participation agreement. 

(c) Under regulations prescribed under subsection (f), records 

of the facility of the uniformed services that provided health care 

services to a beneficiary of an insurance, medical service, or health 

plan of a third-party payer shall be made available for inspection 

and review by representatives of the payer from which collection by 

the United States is sought. 

(d) Notwithstanding subsections (a) and (b), and except as provided in subsection (j), collection may not be made under this section in the case of a plan administered under title XVIII or XIX of 

the Social Security Act (42 U.S.C. 1395 et seq.). 

(e)(1) The United States may institute and prosecute legal proceedings against a third-party payer to enforce a right of the 

United States under this section. 

(2) The administering Secretary may compromise, settle, or 

waive a claim of the United States under this section. 

(f) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. Such regulations shall provide for computation of the reasonable cost of health care services. Computation of 

such reasonable cost may be based on— 

(1) per diem rates; 

(2) all-inclusive per visit rates; 

(3) diagnosis-related groups; or 

(4) such other method as may be appropriate. 

(g) Amounts collected under this section from a third-party 

payer or under any other provision of law from any other payer for 

health care services provided at or through a facility of the uniformed services shall be credited to the appropriation supporting 

the maintenance and operation of the facility and shall not be 

taken into consideration in establishing the operating budget of the 

facility. 

(h) In this section: 

(1) The term ‘‘third-party payer’’ means an entity that provides an insurance, medical service, or health plan by contract 

or agreement, including an automobile liability insurance or no 

fault insurance carrier, and any other plan or program that is 

designed to provide compensation or coverage for expenses incurred by a beneficiary for health care services or products. 

Such term also includes entities described in subsection (j) 

under the terms and to the extent provided in such subsection. 

(2) The term ‘‘insurance, medical service, or health plan’’ 

includes a preferred provider organization, an insurance plan 
615 § 1095 CH. 55—MEDICAL AND DENTAL CARE 

described as Medicare supplemental insurance, and a personal 

injury protection plan or medical payments benefit plan for 

personal injuries resulting from the operation of a motor vehicle. 

(3) The term ‘‘health care services’’ includes products provided or purchased through a facility of the uniformed services. 

(i)(1) In the case of a third-party payer that is an automobile 

liability insurance or no fault insurance carrier, the right of the 

United States to collect under this section shall extend to health 

care services provided to a person entitled to health care under section 1074(a) of this title. 

(2) In cases in which a tort liability is created upon some third 

person, collection from a third-party payer that is an automobile liability insurance carrier shall be governed by the provisions of 

Public Law 87–693 (42 U.S.C. 2651 et seq.). 

(j) The Secretary of Defense may enter into an agreement with 

any health maintenance organization, competitive medical plan, 

health care prepayment plan, or other similar plan (pursuant to 

regulations issued by the Secretary) providing for collection under 

this section from such organization or plan for services provided to 

a covered beneficiary who is an enrollee in such organization or 

plan. 

(k)(1) To improve the administration of this section and sections 1079(j)(1) and 1086(d) of this title, the Secretary of Defense, 

in consultation with the other administering Secretaries, may prescribe regulations providing for the collection of information regarding insurance, medical service, or health plans of third-party payers held by covered beneficiaries. 

(2) The collection of information under regulations prescribed 

under paragraph (1) shall be conducted in the same manner as is 

provided in section 1862(b)(5) of the Social Security Act (42 U.S.C. 

1395y(b)(5)). The Secretary may provide for obtaining from the 

Commissioner of Social Security employment information comparable to the information provided to the Administrator of the 

Centers for Medicare & Medicaid Services pursuant to such section. 

Such regulations may require the mandatory disclosure of Social 

Security account numbers for all covered beneficiaries. 

(3) The Secretary may disclose relevant employment information collected under this subsection to fiscal intermediaries or other 

designated contractors. 

(4) The Secretary may provide for contacting employers of covered beneficiaries to obtain group health plan information comparable to the information authorized to be obtained under section 

1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)). 

Notwithstanding clause (iii) of such section, clause (ii) of such section regarding the imposition of civil money penalties shall apply 

to the collection of information under this paragraph. 

(5) Information obtained under this subsection may not be disclosed for any purpose other than to carry out the purpose of this 

section and sections 1079(j)(1) and 1086(d) of this title. 

(Added Pub. L. 99–272, title II, Sec. 2001(a)(1), Apr. 7, 1986, 100 Stat. 100; amended Pub. L. 

101–189, div. A, title VII, Sec. 727(a), title XVI, Sec. 1622(e)(5), Nov. 29, 1989, 103 Stat. 1480, 

1605; Pub. L. 101–510, div. A, title VII, Sec. 713(a)–(d)(2), Nov. 5, 1990, 104 Stat. 1583, 1584; 

Pub. L. 102–25, title VII, Sec. 701(j)(8), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–190, div. A, 

title VII, Sec. 714, Dec. 5, 1991, 105 Stat. 1403; Pub. L. 103–160, div. A, title VII, Sec. 713, 
§ 1095a CH. 55—MEDICAL AND DENTAL CARE 616 

Nov. 30, 1993, 107 Stat. 1689; Pub. L. 103–337, div. A, title VII, Sec. 714(b), title X, Sec. 

1070(b)(6), Oct. 5, 1994, 108 Stat. 2802, 2857; Pub. L. 104–106, div. A, title VII, Sec. 734, Feb. 

10, 1996, 110 Stat. 381; Pub. L. 104–201, div. A, title VII, Sec. 735(a), (b), Sept. 23, 1996, 110 

Stat. 2598; Pub. L. 106–65, div. A, title VII, Sec. 716(c)(1), Oct. 5, 1999, 113 Stat. 691; Pub. 

L. 107–314, div. A, title X, Sec. 1041(a)(5), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 108–173, title 

IX, Sec. 900(e)(4)(B), Dec. 8, 2003, 117 Stat. 2373.) 

§ 1095a. Medical care: members held as captives and their 

dependents 

(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) any 

person who is a former captive, and any dependent of that person 

or of a person who is in a captive status, for health care and other 

expenses related to such care, to the extent that such care— 

(1) is incident to the captive status; and 

(2) is not covered— 

(A) by any other Government medical or health program; or 

(B) by insurance. 

(b) In the case of any person who is eligible for medical care 

under section 1074 or 1076 of this title, such regulations shall require that, whenever practicable, such care be provided in a facility 

of the uniformed services. 

(c) In this section: 

(1) The terms ‘‘captive status’’ and ‘‘former captive’’ have 

the meanings given those terms in section 559 of title 37. 

(2) The term ‘‘dependent’’ has the meaning given that term 

in section 551 of that title. 

(Added Pub. L. 99–399, title VIII, Sec. 806(c)(1), Aug. 27, 1986, 100 Stat. 886, Sec. 1095; renumbered Sec. 1095a, Pub. L. 100–26, Sec. 7(e)(2), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 

100–526, title I, Sec. 106(b)(1), Oct. 24, 1988, 102 Stat. 2625.) 

§ 1095b. TRICARE program: contractor payment of certain 

claims 

(a) PAYMENT OF CLAIMS.—(1) The Secretary of Defense may 

authorize a contractor under the TRICARE program to pay a claim 

described in paragraph (2) before seeking to recover from a thirdparty payer the costs incurred by the contractor to provide health 

care services that are the basis of the claim to a beneficiary under 

such program. 

(2) A claim under this paragraph is a claim— 

(A) that is submitted to the contractor by a provider under 

the TRICARE program for payment for services for health care 

provided to a covered beneficiary; and 

(B) that is identified by the contractor as a claim for which 

a third-party payer may be liable. 

(b) RECOVERY FROM THIRD-PARTY PAYERS.—The United States 

shall have the same right to collect charges related to claims described in subsection (a) as charges for claims under section 1095 

of this title. 

(c) DEFINITION OF THIRD-PARTY PAYER.—In this section, the 

term ‘‘third-party payer’’ has the meaning given that term in section 1095(h) of this title, except that such term excludes primary 

medical insurers. 

(Added Pub. L. 105–261, div. A, title VII, Sec. 711(a)(1), Oct. 17, 1998, 112 Stat. 2058; amended 

Pub. L. 106–65, div. A, title VII, Sec. 716(c)(2), Oct. 5, 1999, 113 Stat. 692.) 
617 § 1095c CH. 55—MEDICAL AND DENTAL CARE 

§ 1095c. TRICARE program: facilitation of processing of 

claims 

(a) REDUCTION OF PROCESSING TIME.—(1) With respect to 

claims for payment for medical care provided under the TRICARE 

program, the Secretary of Defense shall implement a system for 

processing of claims under which— 

(A) 95 percent of all clean claims must be processed not 

later than 30 days after the date that such claims are submitted to the claims processor; and 

(B) 100 percent of all clean claims must be processed not 

later than 100 days after the date that such claims are submitted to the claims processor. 

(2) The Secretary may, under the system required by paragraph (1) and consistent with the provisions in chapter 39 of title 

31 (commonly referred to as the ‘‘Prompt Payment Act’’), require 

that interest be paid on clean claims that are not processed within 

30 days. 

(3) For purposes of this subsection, the term ‘‘clean claim’’ 

means a claim that has no defect, impropriety (including a lack of 

any required substantiating documentation), or particular circumstance requiring special treatment that prevents timely payment on the claim under this section. 

(b) REQUIREMENT TO PROVIDE START-UP TIME FOR CERTAIN

CONTRACTORS.—(1) Except as provided in paragraph (3), the Secretary of Defense shall not require that a contractor described in 

paragraph (2) begin to provide managed care support pursuant to 

a contract to provide such support under the TRICARE program 

until at least nine months after the date of the award of the contract, but in no case later than one year after the date of such 

award. 

(2) A contractor under this paragraph is a contractor who is 

awarded a contract to provide managed care support under the 

TRICARE program— 

(A) who has not previously been awarded such a contract 

by the Department of Defense; or 

(B) who has previously been awarded such a contract by 

the Department of Defense but for whom the subcontractors 

have not previously been awarded the subcontracts for such a 

contract. 

(3) The Secretary may reduce the nine-month start-up period 

required under paragraph (1) if— 

(A) the Secretary— 

(i) determines that a shorter period is sufficient to ensure effective implementation of all contract requirements; 

and 

(ii) submits notification to the Committees on Armed 

Services of the House of Representatives and the Senate of 

the Secretary’s intent to reduce the nine-month start-up 

period; and 

(B) 60 days have elapsed since the date of such notification. 

(c) INCENTIVES FOR ELECTRONIC PROCESSING.—The Secretary 

of Defense shall require that new contracts for managed care sup-
§ 1095d CH. 55—MEDICAL AND DENTAL CARE 618 

port under the TRICARE program provide that the contractor be 

permitted to provide financial incentives to health care providers 

who file claims for payment electronically. 

(d) CORRESPONDENCE TO MEDICARE CLAIMS INFORMATION RE- QUIREMENTS.—The Secretary of Defense, in consultation with the 

other administering Secretaries, shall limit the information required in support of claims for payment for health care items and 

services provided under the TRICARE program to that information 

that is identical to the information that would be required for 

claims for reimbursement for those items and services under title 

XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) except for 

that information, if any, that is uniquely required by the TRICARE 

program. The Secretary of Defense shall report to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives any information that is 

excepted under this provision, and the justification for that exception. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 713(a)(1), Oct. 5, 1999, 113 Stat. 688; amended 

Pub. L. 107–107, div. A, title VII, Sec. 708(b), Dec. 28, 2001, 115 Stat. 1164; Pub. L. 107–314, 

div. A, title VII, Sec. 711(a), Dec. 2, 2002, 116 Stat. 2588.) 

§ 1095d. TRICARE program: waiver of certain deductibles 

(a) WAIVER AUTHORIZED.—The Secretary of Defense may waive 

the deductible payable for medical care provided under the 

TRICARE program to an eligible dependent of— 

(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of more than 

30 days; or 

(2) a member of the National Guard on full-time National 

Guard duty pursuant to a call or order to full-time National 

Guard duty for a period of more than 30 days. 

(b) ELIGIBLE DEPENDENT.—As used in this section, the term 

‘‘eligible dependent’’ means a dependent described in subparagraph 

(A), (D), or (I) of section 1072(2) of this title. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 714(a), Oct. 5, 1999, 113 Stat. 689; amended Pub. 

L. 106–398, Sec. 1 [[div. A], title X, Sec. 1087(a)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; 

Pub. L. 108–375, div. A, title VII, Sec. 704, Oct. 28, 2004, 118 Stat. 1983.) 

§ 1095e. TRICARE program: beneficiary counseling and assistance coordinators 

(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense 

shall require in regulations that— 

(1) each lead agent under the TRICARE program— 

(A) designate a person to serve full-time as a beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program; 

(B) designate for each of the TRICARE program regions at least one person (other than a person designated 

under subparagraph (A)) to serve full-time as a beneficiary 

counseling and assistance coordinator solely for members 

of the reserve components and their dependents who are 

beneficiaries under the TRICARE program; and 

(C) provide for toll-free telephone communication between such beneficiaries and the beneficiary counseling 

and assistance coordinator; and 
619 § 1096 CH. 55—MEDICAL AND DENTAL CARE 

(2) the commander of each military medical treatment facility under this chapter designate a person to serve, as a primary or collateral duty, as beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program 

served at that facility. 

(b) DUTIES.—The Secretary shall prescribe the duties of the position of beneficiary counseling and assistance coordinator in the 

regulations required by subsection (a). 

(Added Pub. L. 106–65, div. A, title VII, Sec. 715(a)(1), Oct. 5, 1999, 113 Stat. 690; amended 

Pub. L. 108–136, div. A, title VII, Sec. 707, Nov. 24, 2003, 117 Stat. 1529.) 

§ 1095f. TRICARE program: referrals for specialty health 

care 

The Secretary of Defense shall ensure that no contract for 

managed care support under the TRICARE program includes any 

requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization 

before referring a patient to a specialty care provider that is part 

of the network of health care providers or institutions of the contractor. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 728(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–189.) 

§ 1096. Military-civilian health services partnership program 

(a) RESOURCES SHARING AGREEMENTS.—The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of 

a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled 

under this chapter in a more effective, efficient, or economical manner. 

(b) ELIGIBLE RESOURCES.—An agreement entered into under 

subsection (a) may provide for the sharing of— 

(1) personnel (including support personnel); 

(2) equipment; 

(3) supplies; and 

(4) any other items or facilities necessary for the provision 

of health care services. 

(c) COMPUTATION OF CHARGES.—A covered beneficiary who is a 

dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by 

section 1078 of this title. 

(d) REIMBURSEMENT FOR LICENSE FEES.—In any case in which 

it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide 

health care services at a facility of a civilian health care provider 

pursuant to an agreement entered into under subsection (a), the 

Secretary of Defense may reimburse the member for up to $500 of 

the amount of the license fee paid by the member. 
§ 1097 CH. 55—MEDICAL AND DENTAL CARE 620 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3894; amended 

Pub. L. 103–337, div. A, title VII, Sec. 712, Oct. 5, 1994, 108 Stat. 2801; Pub. L. 108–375, div. 

A, title VI, Sec. 607(b), Oct. 28, 2004, 118 Stat. 1946.) 

§ 1097. Contracts for medical care for retirees, dependents, 

and survivors: alternative delivery of health care 

(a) IN GENERAL.—The Secretary of Defense, after consulting 

with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled 

under this chapter. The Secretary may enter into a contract under 

this section with any of the following: 

(1) Health maintenance organizations. 

(2) Preferred provider organizations. 

(3) Individual providers, individual medical facilities, or insurers. 

(4) Consortiums of such providers, facilities, or insurers. 

(b) SCOPE OF COVERAGE UNDER HEALTH CARE PLANS.—A contract entered into under this section may provide for the delivery 

of— 

(1) selected health care services; 

(2) total health care services for selected covered beneficiaries; or 

(3) total health care services for all covered beneficiaries 

who reside in a geographical area designated by the Secretary. 

(c) COORDINATION WITH FACILITIES OF THE UNIFORMED SERV- ICES.—The Secretary of Defense may provide for the coordination 

of health care services provided pursuant to any contract or agreement under this section with those services provided in medical 

treatment facilities of the uniformed services. Subject to the availability of space and facilities and the capabilities of the medical or 

dental staff, the Secretary may not deny access to facilities of the 

uniformed services to a covered beneficiary on the basis of whether 

the beneficiary enrolled or declined enrollment in any program established under, or operating in connection with, any contract 

under this section. Notwithstanding the preferences established by 

sections 1074(b) and 1076 of this title, the Secretary shall, as an 

incentive for enrollment, establish reasonable preferences for services in facilities of the uniformed services for covered beneficiaries 

enrolled in any program established under, or operating in connection with, any contract under this section. 

(d) COORDINATION WITH OTHER HEALTH CARE PROGRAMS.—In 

the case of a covered beneficiary who is enrolled in a managed 

health care program not operated under the authority of this chapter, the Secretary may contract under this section with such other 

managed health care program for the purpose of coordinating the 

beneficiary’s dual entitlements under such program and this chapter. A managed health care program with which arrangements may 

be made under this subsection includes any health maintenance organization, competitive medical plan, health care prepayment plan, 

or other managed care program recognized pursuant to regulations 

issued by the Secretary. 

(e) CHARGES FOR HEALTH CARE.—The Secretary of Defense 

may prescribe by regulation a premium, deductible, copayment, or 

other charge for health care provided under this section. In the 

case of contracts for health care services under this section or 
621 § 1097a CH. 55—MEDICAL AND DENTAL CARE 

health care plans offered under section 1099 of this title for which 

the Secretary permits covered beneficiaries who are covered by section 1086 of this title and who participate in such contracts or 

plans to pay an enrollment fee in lieu of meeting the applicable deductible amount specified in section 1086(b) of this title, the Secretary may establish the same (or a lower) enrollment fee for covered beneficiaries described in section 1086(d)(1) of this title who 

also participate in such contracts or plans. Without imposing additional costs on covered beneficiaries who participate in contracts for 

health care services under this section or health care plans offered 

under section 1099 of this title, the Secretary shall permit such 

covered beneficiaries to pay, on a quarterly basis, any enrollment 

fee required for such participation. A premium, deductible, copayment, or other charge prescribed by the Secretary under this subsection may not be increased during the period beginning on April 

1, 2006, and ending on September 30, 2011. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended 

Pub. L. 103–337, div. A, title VII, Sec. 713, 714(a), Oct. 5, 1994, 108 Stat. 2802; Pub. L. 104– 

106, div. A, title VII, Sec. 712, 713, Feb. 10, 1996, 110 Stat. 374; Pub. L. 109–364, div. A, title 

VII, Sec. 704(a), Oct. 17, 2006, 120 Stat. 2280; Pub. L. 110–181, div. A, title VII, Sec. 701(a), 

Jan. 28, 2008, 122 Stat. 187; Pub. L. 110–417, [div. A], title VII, Sec. 701(a), Oct. 14, 2008, 122 

Stat. 4498; Pub. L. 111–383, div. A, title VII, Sec. 701(a), Jan. 7, 2011, 124 Stat. 4244.) 

§ 1097a. TRICARE Prime: automatic enrollments; payment 

options 

(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—Each 

dependent of a member of the uniformed services in grade E4 or 

below who is entitled to medical and dental care under section 

1076(a)(2)(A) of this title and resides in the catchment area of a facility of a uniformed service offering TRICARE Prime shall be automatically enrolled in TRICARE Prime at the facility. The Secretary 

concerned shall provide written notice of the enrollment to the 

member. The enrollment of a dependent of the member may be terminated by the member or the dependent at any time. 

(b) AUTOMATIC RENEWAL OF ENROLLMENTS OF COVERED BENEFICIARIES.— 

(1) An enrollment of a covered beneficiary in TRICARE 

Prime shall be automatically renewed upon the expiration of 

the enrollment unless the renewal is declined. 

(2) Not later than 15 days before the expiration date for 

an enrollment of a covered beneficiary in TRICARE Prime, the 

Secretary concerned shall— 

(A) transmit a written notification of the pending expiration and renewal of enrollment to the covered beneficiary 

or, in the case of a dependent of a member of the uniformed services, to the member; and 

(B) afford the beneficiary or member, as the case may 

be, an opportunity to decline the renewal of enrollment. 

(c) PAYMENT OPTIONS FOR RETIREES.—A member or former 

member of the uniformed services eligible for medical care and dental care under section 1074(b) of this title may elect to have any 

fee payable by the member or former member for an enrollment in 

TRICARE Prime withheld from the member’s retired pay, retainer 

pay, or equivalent pay, as the case may be, or to be paid from a 

financial institution through electronic transfers of funds. The fee 
§ 1097b CH. 55—MEDICAL AND DENTAL CARE 622 

shall be paid in accordance with the election. A member may elect 

under this section to pay the fee in full at the beginning of the enrollment period or to make payments on a monthly or quarterly 

basis. 

(d) REGULATIONS AND EXCEPTIONS.—The Secretary of Defense 

shall prescribe regulations, including procedures, to carry out this 

section. Regulations prescribed to carry out the automatic enrollment requirements under this section may include such exceptions 

to the automatic enrollment procedures as the Secretary determines appropriate for the effective operation of TRICARE Prime. 

(e) NO COPAYMENT FOR IMMEDIATE FAMILY.—No copayment 

shall be charged a member for care provided under TRICARE 

Prime to a dependent of a member of the uniformed services described in subparagraph (A), (D), or (I) of section 1072(2) of this 

title. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘TRICARE Prime’’ means the managed care 

option of the TRICARE program. 

(2) The term ‘‘catchment area’’, with respect to a facility of 

a uniformed service, means the service area of the facility, as 

designated under regulations prescribed by the administering 

Secretaries. 

(Added Pub. L. 105–261, div. A, title VII, Sec. 712(a)(1), Oct. 17, 1998, 112 Stat. 2058; amended 

Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 752(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

195; Pub. L. 107–107, div. A, title X, Sec. 1048(a)(11), Dec. 28, 2001, 115 Stat. 1223.) 

§ 1097b. TRICARE program: financial management 

(a) REIMBURSEMENT OF PROVIDERS.—(1) Subject to paragraph 

(2), the Secretary of Defense may reimburse health care providers 

under the TRICARE program at rates higher than the reimbursement rates otherwise authorized for the providers under that program if the Secretary determines that application of the higher 

rates is necessary in order to ensure the availability of an adequate 

number of qualified health care providers under that program. 

(2) The amount of reimbursement provided under paragraph 

(1) with respect to a health care service may not exceed the lesser 

of the following: 

(A) The amount equal to the local fee for service charge for 

the service in the service area in which the service is provided 

as determined by the Secretary based on one or more of the following payment rates: 

(i) Usual, customary, and reasonable. 

(ii) The Health Care Finance Administration’s Resource Based Relative Value Scale. 

(iii) Negotiated fee schedules. 

(iv) Global fees. 

(v) Sliding scale individual fee allowances. 

(B) The amount equal to 115 percent of the CHAMPUS 

maximum allowable charge for the service. 

(b) THIRD-PARTY COLLECTIONS.—(1) A medical treatment facility of the uniformed services under the TRICARE program has the 

same right as the United States under section 1095 of this title to 

collect from a third-party payer the reasonable charges for health 
623 § 1097c CH. 55—MEDICAL AND DENTAL CARE 

care services described in paragraph (2) that are incurred by the 

facility on behalf of a covered beneficiary under that program. 

(2) The Secretary of Defense shall prescribe regulations for the 

administration of this subsection. The regulations shall set forth 

the method to be used for the computation of the reasonable 

charges for inpatient, outpatient, and other health care services. 

The method of computation may be— 

(A) a method that is based on— 

(i) per diem rates; 

(ii) all-inclusive rates for each visit; 

(iii) diagnosis-related groups; or 

(iv) rates prescribed under the regulations implementing sections 1079 and 1086 of this title; or 

(B) any other method considered appropriate. 

(c) CONSULTATION REQUIREMENT.—The Secretary of Defense 

shall carry out the responsibilities under this section after consultation with the other administering Secretaries. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 716(a)(1), Oct. 5, 1999, 113 Stat. 690.) 

§ 1097c. TRICARE program: with employer-sponsored group 

health plans 

(a) PROHIBITION ON FINANCIAL INCENTIVES NOT TO ENROLL IN

A GROUP HEALTH PLAN.—(1) Except as provided in this subsection, 

the provisions of section 1862(b)(3)(C) of the Social Security Act 

shall apply with respect to financial or other incentives for a 

TRICARE-eligible employee not to enroll (or to terminate enrollment) under a health plan which would (in the case of such enrollment) be a primary plan under sections 1079(j)(1) and 1086(g) of 

this title in the same manner as such section 1862(b)(3)(C) applies 

to financial or other incentives for an individual entitled to benefits 

under title XVIII of the Social Security Act not to enroll (or to terminate enrollment) under a group health plan or a large group 

health plan which would (in the case of enrollment) be a primary 

plan (as defined in section 1862(b)(2)(A) of such Act). 

(2)(A) The Secretary of Defense may by regulation adopt such 

additional exceptions to the prohibition referenced and applied 

under paragraph (1) as the Secretary deems appropriate and such 

paragraph (1) shall be implemented taking into account the adoption of such exceptions. 

(B) The Secretary of Defense and the Secretary of Health and 

Human Services are authorized to enter into agreements for carrying out this subsection. Any such agreement shall provide that 

any expenses incurred by the Secretary of Health and Human 

Services pertaining to carrying out this subsection shall be reimbursed by the Secretary of Defense. 

(C) Authorities of the Inspector General of the Department of 

Defense shall be available for oversight and investigations of responsibilities of employers and other entities under this subsection. 

(D) Information obtained under section 1095(k) of this title 

may be used in carrying out this subsection in the same manner 

as information obtained under section 1862(b)(5) of the Social Security may be used in carrying out section 1862(b) of such Act. 

(E) Any amounts collected in carrying out paragraph (1) shall 

be handled in accordance with section 1079a of this title. 
§ 1098 CH. 55—MEDICAL AND DENTAL CARE 624 

(b) ELECTION OF TRICARE-ELIGIBLE EMPLOYEES TO PARTICIPATE IN GROUP HEALTH PLAN.—A TRICARE-eligible employee shall 

have the opportunity to elect to participate in the group health 

plan offered by the employer of the employee and receive primary 

coverage for health care services under the plan in the same manner and to the same extent as similarly situated employees of such 

employer who are not TRICARE-eligible employees. 

(c) INAPPLICABILITY TO CERTAIN EMPLOYERS.—The provisions of 

this section do not apply to any employer who has fewer than 20 

employees. 

(d) RETENTION OF ELIGIBILITY FOR COVERAGE UNDER

TRICARE.—Nothing in this section, including an election made by 

a TRICARE-eligible employee under subsection (b), shall be construed to affect, modify, or terminate the eligibility of a TRICAREeligible employee or spouse of such employee for health care or dental services under this chapter in accordance with the other provisions of this chapter. 

(e) OUTREACH.—The Secretary of Defense shall, in coordination 

with the other administering Secretaries, conduct outreach to inform covered beneficiaries who are entitled to health care benefits 

under the TRICARE program of the rights and responsibilities of 

such beneficiaries and employers under this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘employer’’ includes a State or unit of local 

government. 

(2) The term ‘‘group health plan’’ means a group health 

plan (as that term is defined in section 5000(b)(1) of the Internal Revenue Code of 1986 without regard to section 5000(d) of 

the Internal Revenue Code of 1986). 

(3) The term ‘‘TRICARE-eligible employee’’ means a covered beneficiary under section 1086 of this title entitled to 

health care benefits under the TRICARE program. 

(g) EFFECTIVE DATE.—This section shall take effect on January 

1, 2008. 

(Added Pub. L. 109–364, div. A, title VII, Sec. 707(a), Oct. 17, 2006, 120 Stat. 2283.) 

§ 1098. Incentives for participation in cost-effective health 

care plans 

(a) WAIVER OF LIMITATIONS AND COPAYMENTS.—Subject to subsection (b), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, 

may waive, in whole or in part— 

(1) any limitation set out in the second sentence of section 

1079(a) of this title; or 

(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title. 

(b) DETERMINATION AND REPORT.—(1) Subject to paragraph (3), 

the Secretary may waive a limitation or requirement as authorized 

by subsection (a) if the Secretary determines that during the period 

of the waiver such a plan will— 

(A) be less costly to the Government than a plan subject 

to such limitations or payment requirements; or 
625 § 1100 CH. 55—MEDICAL AND DENTAL CARE 

(B) provide better services than those provided by a plan 

subject to such limitations or payment requirements at no additional cost to the Government. 

(2) The Secretary shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the 

House of Representatives a report with respect to a waiver under 

paragraph (1), including a comparison of costs of and benefits available under— 

(A) a plan with respect to which the limitations and payment requirements are waived; and 

(B) a plan with respect to which there is no such waiver. 

(3) A waiver under paragraph (1) may not take effect until the 

end of the 180-day period beginning on the date on which the Secretary submits the report required by paragraph (2) with respect 

to such waiver. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3895; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1484(h)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 104– 

106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title 

X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 

§ 1099. Health care enrollment system 

(a) ESTABLISHMENT OF SYSTEM.—The Secretary of Defense, 

after consultation with the other administering Secretaries, shall 

establish a system of health care enrollment for covered beneficiaries who reside in the United States. 

(b) DESCRIPTION OF SYSTEM.—Such system shall— 

(1) allow covered beneficiaries to elect a health care plan 

from eligible health care plans designated by the Secretary of 

Defense; or 

(2) if necessary in order to ensure full use of facilities of 

the uniformed services in a geographical area, assign covered 

beneficiaries who reside in such area to such facilities. 

(c) HEALTH CARE PLANS AVAILABLE UNDER SYSTEM.—A health 

care plan designated by the Secretary of Defense under the system 

described in subsection (a) shall provide all health care to which a 

covered beneficiary is entitled under this chapter. Such a plan may 

consist of any of the following: 

(1) Use of facilities of the uniformed services. 

(2) The Civilian Health and Medical Program of the Uniformed Services. 

(3) Any other health care plan contracted for by the Secretary of Defense. 

(4) Any combination of the plans described in paragraphs 

(1), (2), and (3). 

(d) REGULATIONS.—The Secretary of Defense, after consultation 

with the other administering Secretaries, shall prescribe regulations to carry out this section. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3896.) 

§ 1100. Defense Health Program Account 

(a) ESTABLISHMENT OF ACCOUNT.—(1) There is hereby established in the Department of Defense an account to be known as the 

‘‘Defense Health Program Account’’. All sums appropriated to carry 

out the functions of the Secretary of Defense with respect to med-
§ 1101 CH. 55—MEDICAL AND DENTAL CARE 626 

ical and health care programs of the Department of Defense shall 

be appropriated to the account. 

(2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount 

equal to three percent of such total amount shall remain available 

for obligation until the end of the following fiscal year. 

(b) OBLIGATION OF AMOUNTS FROM ACCOUNT BY SECRETARY OF

DEFENSE.—The Secretary of Defense may obligate or expend funds 

from the account for purposes of conducting programs and activities under this chapter, including contracts entered into under section 1079, 1086, 1092, or 1097 of this title, to the extent amounts 

are available in the account. 

(c) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3896; amended 

Pub. L. 104–106, div. A, title VII, Sec. 735(a)–(d)(1), Feb. 10, 1996, 110 Stat. 382.) 

§ 1101. Resource allocation methods: capitation or diagnosis-related groups 

(a) ESTABLISHMENT OF CAPITATION OR DRG METHOD.—The 

Secretary of Defense, after consultation with the other administering Secretaries, shall establish by regulation the use of capitation or diagnosis-related groups as the primary criteria for allocation of resources to facilities of the uniformed services. 

(b) EXCEPTION FOR MOBILIZATION MISSIONS.—Capitation or diagnosis-related groups shall not be used to allocate resources to the 

facilities of the uniformed services to the extent that such resources 

are required by such facilities for mobilization missions. 

(c) CONTENT OF REGULATIONS.—Such regulations may establish a system of diagnosis-related groups similar to the system established under section 1886(d)(4) of the Social Security Act (42 

U.S.C. 1395ww(d)(4)). Such regulations may include the following: 

(1) A classification of inpatient treatments by diagnosis-related groups and a similar classification of outpatient treatment. 

(2) A methodology for classifying specific treatments within such groups. 

(3) An appropriate weighting factor for each such diagnosis-related group which reflects the relative resources used 

by a facility of a uniformed service with respect to treatments 

classified within that group compared to treatments classified 

within other groups. 

(4) An appropriate method for calculating or estimating 

the annual per capita costs of providing comprehensive health 

care services to members of the uniformed services on active 

duty and covered beneficiaries. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 100 Stat. 3897; amended 

Pub. L. 100–456, div. A, title XII, Sec. 1233(e)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 103– 

160, div. A, title VII, Sec. 714(a), (b)(1), Nov. 30, 1993, 107 Stat. 1690.) 

§ 1102. Confidentiality of medical quality assurance records: 

qualified immunity for participants 

(a) CONFIDENTIALITY OF RECORDS.—Medical quality assurance 

records created by or for the Department of Defense as part of a 

medical quality assurance program are confidential and privileged. 
627 § 1102 CH. 55—MEDICAL AND DENTAL CARE 

Such records may not be disclosed to any person or entity, except 

as provided in subsection (c). 

(b) PROHIBITION ON DISCLOSURE AND TESTIMONY.—(1) No part 

of any medical quality assurance record described in subsection (a) 

may be subject to discovery or admitted into evidence in any judicial or administrative proceeding, except as provided in subsection 

(c). 

(2) A person who reviews or creates medical quality assurance 

records for the Department of Defense or who participates in any 

proceeding that reviews or creates such records may not be permitted or required to testify in any judicial or administrative proceeding with respect to such records or with respect to any finding, 

recommendation, evaluation, opinion, or action taken by such person or body in connection with such records except as provided in 

this section. 

(c) AUTHORIZED DISCLOSURE AND TESTIMONY.—(1) Subject to 

paragraph (2), a medical quality assurance record described in subsection (a) may be disclosed, and a person referred to in subsection 

(b) may give testimony in connection with such a record, only as 

follows: 

(A) To a Federal executive agency or private organization, 

if such medical quality assurance record or testimony is needed 

by such agency or organization to perform licensing or accreditation functions related to Department of Defense health care 

facilities or to perform monitoring, required by law, of Department of Defense health care facilities. 

(B) To an administrative or judicial proceeding commenced 

by a present or former Department of Defense health care provider concerning the termination, suspension, or limitation of 

clinical privileges of such health care provider. 

(C) To a governmental board or agency or to a professional 

health care society or organization, if such medical quality assurance record or testimony is needed by such board, agency, 

society, or organization to perform licensing, credentialing, or 

the monitoring of professional standards with respect to any 

health care provider who is or was a member or an employee 

of the Department of Defense. 

(D) To a hospital, medical center, or other institution that 

provides health care services, if such medical quality assurance 

record or testimony is needed by such institution to assess the 

professional qualifications of any health care provider who is 

or was a member or employee of the Department of Defense 

and who has applied for or been granted authority or employment to provide health care services in or on behalf of such institution. 

(E) To an officer, employee, or contractor of the Department of Defense who has a need for such record or testimony 

to perform official duties. 

(F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of 

the public health or safety, if a qualified representative of such 

agency or instrumentality makes a written request that such 

record or testimony be provided for a purpose authorized by 

law. 
§ 1102 CH. 55—MEDICAL AND DENTAL CARE 628 

(G) In an administrative or judicial proceeding commenced 

by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to 

the subject of such proceeding. 

(2) With the exception of the subject of a quality assurance action, the identity of any person receiving health care services from 

the Department of Defense or the identity of any other person associated with such department for purposes of a medical quality assurance program that is disclosed in a medical quality assurance 

record described in subsection (a) shall be deleted from that record 

or document before any disclosure of such record is made outside 

the Department of Defense. Such requirement does not apply to the 

release of information pursuant to section 552a of title 5. 

(d) DISCLOSURE FOR CERTAIN PURPOSES.—(1) Nothing in this 

section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information 

regarding the results of Department of Defense medical quality assurance programs. 

(2) Nothing in this section shall be construed as authority to 

withhold any medical quality assurance record from a committee of 

either House of Congress, any joint committee of Congress, or the 

Comptroller General if such record pertains to any matter within 

their respective jurisdictions. 

(e) PROHIBITION ON DISCLOSURE OF RECORD OR TESTIMONY.— A person or entity having possession of or access to a record or testimony described by this section may not disclose the contents of 

such record or testimony in any manner or for any purpose except 

as provided in this section. 

(f) EXEMPTION FROM FREEDOM OF INFORMATION ACT.—Medical 

quality assurance records described in subsection (a) may not be 

made available to any person under section 552 of title 5. 

(g) LIMITATION ON CIVIL LIABILITY.—A person who participates 

in or provides information to a person or body that reviews or creates medical quality assurance records described in subsection (a) 

shall not be civilly liable for such participation or for providing 

such information if the participation or provision of information 

was in good faith based on prevailing professional standards at the 

time the medical quality assurance program activity took place. 

(h) APPLICATION TO INFORMATION IN CERTAIN OTHER

RECORDS.—Nothing in this section shall be construed as limiting 

access to the information in a record created and maintained outside a medical quality assurance program, including a patient’s 

medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical 

quality assurance program. 

(i) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to implement this section. 

(j) DEFINITIONS.—In this section: 

(1) The term ‘‘medical quality assurance program’’ means 

any activity carried out before, on, or after November 14, 1986 

by or for the Department of Defense to assess the quality of 

medical care, including activities conducted by individuals, 

military medical or dental treatment facility committees, or 

other review bodies responsible for quality assurance, creden-
629 § 1103 CH. 55—MEDICAL AND DENTAL CARE 

tials, infection control, patient care assessment (including 

treatment procedures, blood, drugs, and therapeutics), medical 

records, health resources management review and identification and prevention of medical or dental incidents and risks. 

(2) The term ‘‘medical quality assurance record’’ means the 

proceedings, records, minutes, and reports that emanate from 

quality assurance program activities described in paragraph (1) 

and are produced or compiled by the Department of Defense as 

part of a medical quality assurance program. 

(3) The term ‘‘health care provider’’ means any military or 

civilian health care professional who, under regulations of a 

military department, is granted clinical practice privileges to 

provide health care services in a military medical or dental 

treatment facility or who is licensed or certified to perform 

health care services by a governmental board or agency or professional health care society or organization. 

(k) PENALTY.—Any person who willfully discloses a medical 

quality assurance record other than as provided in this section, 

knowing that such record is a medical quality assurance record, 

shall be fined not more than $3,000 in the case of a first offense 

and not more than $20,000 in the case of a subsequent offense. 

(Added Pub. L. 99–661, div. A, title VII, Sec. 705(a)((1)), Nov. 14, 1986, 100 Stat. 3902; amended 

Pub. L. 100–180, div. A, title XII, Sec. 1231(5), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 101–189, 

div. A, title VI, Sec. 653(f), Nov. 29, 1989, 103 Stat. 1463; Pub. L.108–375, div. A, title X, Sec. 

1084(c)(2), Oct. 28, 2004, 118 Stat. 2061.) 

§ 1103. Contracts for medical and dental care: State and 

local preemption 

(a) OCCURRENCE OF PREEMPTION.—A law or regulation of a 

State or local government relating to health insurance, prepaid 

health plans, or other health care delivery or financing methods 

shall not apply to any contract entered into pursuant to this chapter by the Secretary of Defense or the administering Secretaries to 

the extent that the Secretary of Defense or the administering Secretaries determine that— 

(1) the State or local law or regulation is inconsistent with 

a specific provision of the contract or a regulation promulgated 

by the Secretary of Defense or the administering Secretaries 

pursuant to this chapter; or 

(2) the preemption of the State or local law or regulation 

is necessary to implement or administer the provisions of the 

contract or to achieve any other important Federal interest. 

(b) EFFECT OF PREEMPTION.—In the case of the preemption 

under subsection (a) of a State or local law or regulation regarding 

financial solvency, the Secretary of Defense or the administering 

Secretaries shall require an independent audit of the prime contractor of each contract that is entered into pursuant to this chapter and covered by the preemption. The audit shall be performed 

by the Defense Contract Audit Agency. 

(c) STATE DEFINED.—In this section, the term ‘‘State’’ includes 

the District of Columbia, the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana Islands, and each possession of the United States. 
§ 1104 CH. 55—MEDICAL AND DENTAL CARE 630 

(Added Pub. L. 100–180, div. A, title VII, Sec. 725(a)(1), Dec. 4, 1987, 101 Stat. 1116; amended 

Pub. L. 103–160, div. A, title VII, Sec. 715(a), Nov. 30, 1993, 107 Stat. 1690; Pub. L. 109–163, 

div. A, title X, Sec. 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.) 

§ 1104. Sharing of health-care resources with the Department of Veterans Affairs 

(a) SHARING OF HEALTH-CARE RESOURCES.—Health-care resources of the Department of Defense shall be shared with healthcare resources of the Department of Veterans Affairs in accordance 

with section 8111 of title 38 or under section 1535 of title 31. 

(b) REIMBURSEMENT FROM CHAMPUS FUNDS.—Pursuant to an 

agreement entered into under section 8111 of title 38 or section 

1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for 

that military department for the payment of medical care provided 

under section 1079 or 1086 of this title. 

(c) CHARGES.—The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health 

care provided to covered beneficiaries under this chapter pursuant 

to an agreement entered into by the Secretary of a military department under section 8111 of title 38 or section 1535 of title 31. 

(d) PROVISION OF SERVICES DURING WAR OR NATIONAL EMERGENCY.—Members of the armed forces on active duty during and 

immediately following a period of war, or during and immediately 

following a national emergency involving the use of the armed 

forces in armed conflict, may be provided health-care services by 

the Department of Veterans Affairs in accordance with section 

8111A of title 38. 

(Added Pub. L. 101–189, div. A, title VII, Sec. 722(a), Nov. 29, 1989, 103 Stat. 1477; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(14), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–35, 

title II, Sec. 201(c)(1), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title VII, Sec. 721(b), 

Dec. 2, 2002, 116 Stat. 2595.) 

§ 1105. Specialized treatment facility program 

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may conduct a specialized treatment facility program pursuant to regulations prescribed by the Secretary of Defense. The Secretary shall 

consult with the other administering Secretaries in prescribing regulations for the program and in conducting the program. 

(b) FACILITIES AUTHORIZED TO BE USED.—Under the specialized treatment facility program, the Secretary may designate 

health care facilities of the uniformed services and civilian health 

care facilities as specialized treatment facilities. 

(c) WAIVER OF NONEMERGENCY HEALTH CARE RESTRICTION.— 

Under the specialized treatment facility program, the Secretary 

may waive, with regard to the provision of a particular service, the 

40-mile radius restriction set forth in section 1079(a)(7) of this title 

if the Secretary determines that the use of a different geographical 

area restriction will result in a more cost-effective provision of the 

service. 

(d) CIVILIAN FACILITY SERVICE AREA.—For purposes of the specialized treatment facility program, the service area of a civilian 

health care facility designated pursuant to subsection (b) shall be 

comparable in size to the service areas of facilities of the uniformed 

services. 
631 § 1106 CH. 55—MEDICAL AND DENTAL CARE 

(e) ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATEMENTS.—A covered beneficiary who resides within the service area 

of a specialized treatment facility designated under the specialized 

treatment facility program may be required to obtain a nonavailability of health care statement in the case of a specialized service 

offered by the facility in order for the covered beneficiary to receive 

the service outside of the program. 

(f) PAYMENT OF COSTS RELATED TO CARE IN SPECIALIZED

TREATMENT FACILITIES.—(1) Subject to paragraph (2), in connection 

with the treatment of a covered beneficiary under the specialized 

treatment facility program, the Secretary may provide the following benefits: 

(A) Full or partial reimbursement of a member of the uniformed services for the reasonable expenses incurred by the 

member in transporting a covered beneficiary to or from a 

health care facility of the uniformed services or a civilian 

health care facility at which specialized health care services 

are provided pursuant to this chapter. 

(B) Full or partial reimbursement of a person (including a 

member of the uniformed services) for the reasonable expenses 

of transportation, temporary lodging, and meals (not to exceed 

a per diem rate determined in accordance with implementing 

regulations) incurred by such person in accompanying a covered beneficiary as a nonmedical attendant to a health care facility referred to in subparagraph (A). 

(C) In-kind transportation, lodging, or meals instead of reimbursements under subparagraph (A) or (B) for transportation, lodging, or meals, respectively. 

(2) The Secretary may make reimbursements for or provide 

transportation, lodging, and meals under paragraph (1) in the case 

of a covered beneficiary only if the total cost to the Department of 

Defense of doing so and of providing the health care in such case 

is less than the cost to the Department of providing the health care 

to the covered beneficiary by other means authorized under this 

chapter. 

(g) COVERED BENEFICIARY DEFINED.—In this section, the term 

‘‘covered beneficiary’’ means a person covered under section 1079 or 

1086 of this title. 

(Added Pub. L. 102–190, div. A, title VII, Sec. 715(a), Dec. 5, 1991, 105 Stat. 1403; amended 

Pub. L. 103–160, div. A, title VII, Sec. 716(a)(1), Nov. 30, 1993, 107 Stat. 1691; Pub. L. 104– 

106, div. A, title VII, Sec. 706, Feb. 10, 1996, 110 Stat. 373.) 

§ 1106. Submittal of claims: standard form; time limits 

(a) STANDARD FORM.—The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe by 

regulation a standard form for the submission of claims for the 

payment of health care services provided under this chapter. 

(b) TIME FOR SUBMISSION.—A claim for payment for services 

provided under this chapter shall be submitted as provided in such 

regulations not later than one year after the services are provided. 

(Added Pub. L. 102–190, div. A, title VII, Sec. 716(a)(1), Dec. 5, 1991, 105 Stat. 1403; amended 

Pub. L. 105–85, div. A, title VII, Sec. 738(a), Nov. 18, 1997, 111 Stat. 1815.) 
§ 1107 CH. 55—MEDICAL AND DENTAL CARE 632 

§ 1107. Notice of use of an investigational new drug or a 

drug unapproved for its applied use 

(a) NOTICE REQUIRED.—(1) Whenever the Secretary of Defense 

requests or requires a member of the armed forces to receive an investigational new drug or a drug unapproved for its applied use, 

the Secretary shall provide the member with notice containing the 

information specified in subsection (d). 

(2) The Secretary shall also ensure that health care providers 

who administer an investigational new drug or a drug unapproved 

for its applied use, or who are likely to treat members who receive 

such a drug, receive the information required to be provided under 

paragraphs (3) and (4) of subsection (d). 

(b) TIME OF NOTICE.—The notice required to be provided to a 

member under subsection (a)(1) shall be provided before the investigational new drug or drug unapproved for its applied use is first 

administered to the member. 

(c) FORM OF NOTICE.—The notice required under subsection 

(a)(1) shall be provided in writing. 

(d) CONTENT OF NOTICE.—The notice required under subsection (a)(1) shall include the following: 

(1) Clear notice that the drug being administered is an investigational new drug or a drug unapproved for its applied 

use. 

(2) The reasons why the investigational new drug or drug 

unapproved for its applied use is being administered. 

(3) Information regarding the possible side effects of the 

investigational new drug or drug unapproved for its applied 

use, including any known side effects possible as a result of the 

interaction of such drug with other drugs or treatments being 

administered to the members receiving such drug. 

(4) Such other information that, as a condition of authorizing the use of the investigational new drug or drug unapproved for its applied use, the Secretary of Health and Human 

Services may require to be disclosed. 

(e) RECORDS OF USE.—The Secretary of Defense shall ensure 

that the medical records of members accurately document— 

(1) the receipt by members of any investigational new drug 

or drug unapproved for its applied use; and 

(2) the notice required by subsection (a)(1). 

(f) LIMITATION AND WAIVER.—(1) In the case of the administration of an investigational new drug or a drug unapproved for its applied use to a member of the armed forces in connection with the 

member’s participation in a particular military operation, the requirement that the member provide prior consent to receive the 

drug in accordance with the prior consent requirement imposed 

under section 505(i)(4) of the Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 355(i)(4)) may be waived only by the President. The 

President may grant such a waiver only if the President determines, in writing, that obtaining consent is not in the interests of 

national security. 

(2) The waiver authority provided in paragraph (1) shall not be 

construed to apply to any case other than a case in which prior consent for administration of a particular drug is required by reason 
633 § 1107a CH. 55—MEDICAL AND DENTAL CARE 

of a determination by the Secretary of Health and Human Services 

that such drug is subject to the investigational new drug requirements of section 505(i) of the Federal Food, Drug, and Cosmetic 

Act. 

(3) The Secretary of Defense may request the President to 

waive the prior consent requirement with respect to the administration of an investigational new drug or a drug unapproved for its 

applied use to a member of the armed forces in connection with the 

member’s participation in a particular military operation. With respect to any such administration— 

(A) the Secretary may not delegate to any other official the 

authority to request the President to waive the prior consent 

requirement for the Department of Defense; and 

(B) if the President grants the requested waiver, the Secretary shall submit to the chairman and ranking minority 

member of each congressional defense committee a notification 

of the waiver, together with the written determination of the 

President under paragraph (1) and the Secretary’s justification 

for the request or requirement under subsection (a) for the 

member to receive the drug covered by the waiver. 

(4) In this subsection: 

(A) The term ‘‘relevant FDA regulations’’ means the regulations promulgated under section 505(i) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 355(i)). 

(B) The term ‘‘prior consent requirement’’ means the requirement included in the relevant FDA regulations pursuant 

to section 505(i)(4) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 355(i)(4)). 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘investigational new drug’’ means a drug covered by section 505(i) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 355(i)). 

(2) The term ‘‘drug unapproved for its applied use’’ means 

a drug administered for a use not described in the approved labeling of the drug under section 505 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 355). 

(Added Pub. L. 105–85, div. A, title VII, Sec. 766(a), Nov. 18, 1997, 111 Stat. 1827; amended 

Pub. L. 105–261, div. A, title VII, Sec. 731(a)(1), (b), Oct. 17, 1998, 112 Stat. 2070, 2071; Pub. 

L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, 

title X, Sec. 1043(b)(7), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 108–375, div. A, title VII, Sec. 

726(a), Oct. 28, 2004, 118 Stat. 1992.) 

§ 1107a. Emergency use products 

(a) WAIVER BY THE PRESIDENT.—(1) In the case of the administration of a product authorized for emergency use under section 

564 of the Federal Food, Drug, and Cosmetic Act to members of the 

armed forces, the condition described in section 564(e)(1)(A)(ii)(III) 

of such Act and required under paragraph (1)(A) or (2)(A) of such 

section 564(e), designed to ensure that individuals are informed of 

an option to accept or refuse administration of a product, may be 

waived only by the President only if the President determines, in 

writing, that complying with such requirement is not in the interests of national security. 

(2) The waiver authority provided in paragraph (1) shall not be 

construed to apply to any case other than a case in which an indi-
§ 1108 CH. 55—MEDICAL AND DENTAL CARE 634 

vidual is required to be informed of an option to accept or refuse 

administration of a particular product by reason of a determination 

by the Secretary of Health and Human Services that emergency 

use of such product is authorized under section 564 of the Federal 

Food, Drug, and Cosmetic Act. 

(b) PROVISION OF INFORMATION.—If the President, under subsection (a), waives the condition described in section 

564(e)(1)(A)(ii)(III) of the Federal Food, Drug, and Cosmetic Act, 

and if the Secretary of Defense, in consultation with the Secretary 

of Health and Human Services, makes a determination that it is 

not feasible based on time limitations for the information described 

in section 564(e)(1)(A)(ii)(I) or (II) of such Act and required under 

paragraph (1)(A) or (2)(A) of such section 564(e), to be provided to 

a member of the armed forces prior to the administration of the 

product, such information shall be provided to such member of the 

armed forces (or next-of-kin in the case of the death of a member) 

to whom the product was administered as soon as possible, but not 

later than 30 days, after such administration. The authority provided for in this subsection may not be delegated. Information concerning the administration of the product shall be recorded in the 

medical record of the member. 

(c) APPLICABILITY OF OTHER PROVISIONS.—In the case of an authorization by the Secretary of Health and Human Services under 

section 564(a)(1) of the Federal Food, Drug, and Cosmetic Act 

based on a determination by the Secretary of Defense under section 

564(b)(1)(B) of such Act, subsections (a) through (f) of section 1107 

shall not apply to the use of a product that is the subject of such 

authorization, within the scope of such authorization and while 

such authorization is effective. 

(Added Pub. L. 108–136, div. A, title XVI, Sec. 1603(b)(1), Nov. 24, 2003, 117 Stat. 1689; amended Pub. L. 108–375, div. A, title VII, Sec. 726(b), Oct. 28, 2004, 118 Stat. 1992; Pub. L. 109– 

364, div. A, title X, Sec. 1071(a)(5), (g)(7), Oct. 17, 2006, 120 Stat. 2398, 2402.) 

§ 1108. Health care coverage through Federal Employees 

Health Benefits program: demonstration project 

(a) FEHBP OPTION DEMONSTRATION.—The Secretary of Defense, after consulting with the other administering Secretaries, 

shall enter into an agreement with the Office of Personnel Management to conduct a demonstration project (in this section referred to 

as the ‘‘demonstration project’’) under which eligible beneficiaries 

described in subsection (b) and residing within one of the areas covered by the demonstration project may enroll in health benefits 

plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. The number of eligible beneficiaries and family members of such beneficiaries under subsection 

(b)(2) who may be enrolled in health benefits plans during the enrollment period under subsection (d)(2) may not exceed 66,000. 

(b) ELIGIBLE BENEFICIARIES; COVERAGE.—(1) An eligible beneficiary under this subsection is— 

(A) a member or former member of the uniformed services 

described in section 1074(b) of this title who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); 
635 § 1108 CH. 55—MEDICAL AND DENTAL CARE 

(B) an individual who is an unremarried former spouse of 

a member or former member described in section 1072(2)(F) or 

1072(2)(G)); 

(C) an individual who is— 

(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this 

title or of a member who died while on active duty for a 

period of more than 30 days; and 

(ii) a member of family as defined in section 8901(5) 

of title 5; or 

(D) an individual who is— 

(i) a dependent of a living member or former member 

described in section 1076(b)(1) of this title who is entitled 

to hospital insurance benefits under part A of title XVIII 

of the Social Security Act, regardless of the member’s or 

former member’s eligibility for such hospital insurance 

benefits; and 

(ii) a member of family as defined in section 8901(5) 

of title 5. 

(2) Eligible beneficiaries may enroll in a Federal Employees 

Health Benefit plan under chapter 89 of title 5 under this section 

for self-only coverage or for self and family coverage which includes 

any dependent of the member or former member who is a family 

member for purposes of such chapter. 

(3) A person eligible for coverage under this subsection shall 

not be required to satisfy any eligibility criteria specified in chapter 

89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as 

a condition for enrollment in health benefits plans offered through 

the Federal Employees Health Benefits program under the demonstration project. 

(4) For purposes of determining whether an individual is a 

member of family under paragraph (5) of section 8901 of title 5 for 

purposes of paragraph (1)(C) or (1)(D), a member or former member 

described in section 1076(b) or 1076(a)(2)(B) of this title shall be 

deemed to be an employee under such section. 

(5) An eligible beneficiary who is eligible to enroll in the Federal Employees Health Benefits program as an employee under 

chapter 89 of title 5 is not eligible to enroll in a Federal Employees 

Health Benefits plan under this section. 

(c) AREA OF DEMONSTRATION PROJECT.—The Secretary of Defense and the Director of the Office of Personnel Management shall 

jointly identify and select the geographic areas in which the demonstration project will be conducted. The Secretary and the Director shall establish at least six, but not more than ten, such demonstration areas. In establishing the areas, the Secretary and Director shall include— 

(1) an area that includes the catchment area of one or 

more military medical treatment facilities; 

(2) an area that is not located in the catchment area of a 

military medical treatment facility; 

(3) an area in which there is a Medicare Subvention Demonstration project area under section 1896 of title XVIII of the 

Social Security Act (42 U.S.C. 1395ggg); and 

(4) not more than one area for each TRICARE region. 
§ 1108 CH. 55—MEDICAL AND DENTAL CARE 636 

(d) DURATION OF DEMONSTRATION PROJECT.—(1) The Secretary 

of Defense shall conduct the demonstration project during three 

contract years under the Federal Employees Health Benefits program. 

(2) Eligible beneficiaries shall, as provided under the agreement pursuant to subsection (a), be permitted to enroll in the demonstration project during an open enrollment period for the year 

2000 (conducted in the fall of 1999). The demonstration project 

shall terminate on December 31, 2002. 

(e) PROHIBITION AGAINST USE OF MTFS AND ENROLLMENT

UNDER TRICARE.—Covered beneficiaries under this chapter who 

are provided coverage under the demonstration project shall not be 

eligible to receive care at a military medical treatment facility or 

to enroll in a health care plan under the TRICARE program. 

(f) TERM OF ENROLLMENT IN PROJECT.—(1) Subject to paragraphs (2) and (3), the period of enrollment of an eligible beneficiary who enrolls in the demonstration project during the open 

enrollment period for the year 2000 shall be three years unless the 

beneficiary disenrolls before the termination of the project. 

(2) A beneficiary who elects to enroll in the project, and who 

subsequently discontinues enrollment in the project before the end 

of the period described in paragraph (1), shall not be eligible to reenroll in the project. 

(3) An eligible beneficiary enrolled in a Federal Employees 

Health Benefits plan under this section may change health benefits 

plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such 

plans. 

(g) EFFECT OF CANCELLATION.—The cancellation by an eligible 

beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable during the term of the demonstration project. 

(h) SEPARATE RISK POOLS; CHARGES.—(1) The Director of the 

Office of Personnel Management shall require health benefits plans 

under chapter 89 of title 5 that participate in the demonstration 

project to maintain a separate risk pool for purposes of establishing 

premium rates for eligible beneficiaries who enroll in such a plan 

in accordance with this section. 

(2) The Director shall determine total subscription charges for 

self only or for family coverage for eligible beneficiaries who enroll 

in a health benefits plan under chapter 89 of title 5 in accordance 

with this section. The subscription charges shall include premium 

charges paid to the plan and amounts described in section 8906(c) 

of title 5 for administrative expenses and contingency reserves. 

(i) GOVERNMENT CONTRIBUTIONS.—The Secretary of Defense 

shall be responsible for the Government contribution for an eligible 

beneficiary who enrolls in a health benefits plan under chapter 89 

of title 5 in accordance with this section, except that the amount 

of the contribution may not exceed the amount of the Government 

contribution which would be payable if the electing beneficiary 

were an employee (as defined for purposes of such chapter) enrolled 

in the same health benefits plan and level of benefits. 

(j) REPORT REQUIREMENTS.—(1) The Secretary of Defense and 

the Director of the Office of Personnel Management shall jointly 
637 § 1108 CH. 55—MEDICAL AND DENTAL CARE 

submit to Congress two reports containing the information described in paragraph (2). The first report shall be submitted not 

later than the date that is 15 months after the date that the Secretary begins to implement the demonstration project. The second 

report shall be submitted not later than December 31, 2002. 

(2) The reports required by paragraph (1) shall include the following: 

(A) Information on the number of eligible beneficiaries who 

elect to participate in the demonstration project. 

(B) An analysis of the percentage of eligible beneficiaries 

who participate in the demonstration project as compared to 

the percentage of covered beneficiaries under this chapter who 

elect to enroll in a health care plan under such chapter. 

(C) Information on eligible beneficiaries who elect to participate in the demonstration project and did not have Medicare Part B coverage before electing to participate in the 

project. 

(D) An analysis of the enrollment rates and cost of health 

services provided to eligible beneficiaries who elect to participate in the demonstration project as compared with similarly 

situated enrollees in the Federal Employees Health Benefits 

program under chapter 89 of title 5. 

(E) An analysis of how the demonstration project affects 

the accessibility of health care in military medical treatment 

facilities, and a description of any unintended effects on the 

treatment priorities in those facilities in the demonstration 

area. 

(F) An analysis of any problems experienced by the Department of Defense in managing the demonstration project. 

(G) A description of the effects of the demonstration project 

on medical readiness and training of the Armed Forces at military medical treatment facilities located in the demonstration 

area, and a description of the probable effects that making the 

project permanent would have on the medical readiness and 

training. 

(H) An examination of the effects that the demonstration 

project, if made permanent, would be expected to have on the 

overall budget of the Department of Defense, the budget of the 

Office of Personnel Management, and the budgets of individual 

military medical treatment facilities. 

(I) An analysis of whether the demonstration project affects the cost to the Department of Defense of prescription 

drugs or the accessibility, availability, and cost of such drugs 

to eligible beneficiaries. 

(J) Any additional information that the Secretary of Defense or the Director of the Office of Personnel Management 

considers appropriate to assist Congress in determining the viability of expanding the project to all Medicare-eligible members of the uniformed services and their dependents. 

(K) Recommendations on whether eligible beneficiaries— 

(i) should be given more than one chance to enroll in 

the demonstration project under this section; 

(ii) should be eligible to enroll in the project only during the first year following the date that the eligible bene-
§ 1109 CH. 55—MEDICAL AND DENTAL CARE 638 

ficiary becomes eligible to receive hospital insurance benefits under part A of title XVIII of the Social Security Act; 

or 

(iii) should be eligible to enroll in the project only during the 2-year period following the date on which the beneficiary first becomes eligible to enroll in the project. 

(k) COMPTROLLER GENERAL REPORT.—Not later than December 

31, 2002, the Comptroller General shall submit to Congress a report addressing the same matters required to be addressed under 

subsection (j)(2). The report shall describe any limitations with respect to the data contained in the report as a result of the size and 

design of the demonstration project. 

(l) APPLICATION OF MEDIGAP PROTECTIONS TO DEMONSTRATION

PROJECT ENROLLEES.—(1) Subject to paragraph (2), the provisions 

of section 1882(s)(3) (other than clauses (i) through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security Act shall apply to 

enrollment (and termination of enrollment) in the demonstration 

project under this section, in the same manner as they apply to enrollment (and termination of enrollment) with a Medicare+Choice 

organization in a Medicare+Choice plan. 

(2) In applying paragraph (1)— 

(A) any reference in clause (v) or (vi) of section 

1882(s)(3)(B) of such Act to 12 months is deemed a reference 

to 36 months; and 

(B) the notification required under section 1882(s)(3)(D) of 

such Act shall be provided in a manner specified by the Secretary of Defense in consultation with the Director of the Office 

of Personnel Management. 

(Added Pub. L. 105–261, div. A, title VII, Sec. 721(a)(1), Oct. 17, 1998, 112 Stat. 2061; amended 

Pub. L. 108–375, div. A, title X, Sec. 1084(d)(8), Oct. 28, 2004, 118 Stat. 2061.) 

§ 1109. Organ and tissue donor program 

(a) RESPONSIBILITIES OF THE SECRETARY OF DEFENSE.—The 

Secretary of Defense shall ensure that the advanced systems developed for recording armed forces members’ personal data and information (such as the SMARTCARD, MEDITAG, and Personal Information Carrier) include the capability to record organ and tissue 

donation elections. 

(b) RESPONSIBILITIES OF THE SECRETARIES OF THE MILITARY

DEPARTMENTS.—The Secretaries of the military departments shall 

ensure that— 

(1) appropriate information about organ and tissue donation is provided— 

(A) to each officer candidate during initial training; 

and 

(B) to each recruit— 

(i) after completion by the recruit of basic training; and 

(ii) before arrival of the recruit at the first duty 

assignment of the recruit; 

(2) members of the armed forces are given recurring, specific opportunities to elect to be organ or tissue donors during 

service in the armed forces and upon retirement; and 
639 § 1110 CH. 55—MEDICAL AND DENTAL CARE 

(3) members of the armed forces electing to be organ or tissue donors are encouraged to advise their next of kin concerning the donation decision and any subsequent change of 

that decision. 

(c) RESPONSIBILITIES OF THE SURGEONS GENERAL OF THE MILI- TARY DEPARTMENTS.—The Surgeons General of the military departments shall ensure that— 

(1) appropriate training is provided to enlisted and officer 

medical personnel to facilitate the effective operation of organ 

and tissue donation activities under garrison conditions and, to 

the extent possible, under operational conditions; and 

(2) medical logistical activities can, to the extent possible 

without jeopardizing operational requirements, support an effective organ and tissue donation program. 

(Added Pub. L. 105–261, div. A, title VII, Sec. 741(b)(1), Oct. 17, 1998, 112 Stat. 2073; amended 

Pub. L. 106–398, Sec. 1 [[div. A], title X, Sec. 1087(a)(8)], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

290.) 

§ 1110. Anthrax vaccine immunization program; procedures 

for exemptions and monitoring reactions 

(a) PROCEDURES FOR MEDICAL AND ADMINISTRATIVE EXEMP- TIONS.—(1) The Secretary of Defense shall establish uniform procedures under which members of the armed forces may be exempted 

from participating in the anthrax vaccine immunization program 

for either administrative or medical reasons. 

(2) The Secretaries of the military departments shall provide 

for notification of all members of the armed forces of the procedures established pursuant to paragraph (1). 

(b) SYSTEM FOR MONITORING ADVERSE REACTIONS.—(1) The 

Secretary shall establish a system for monitoring adverse reactions 

of members of the armed forces to the anthrax vaccine. That system shall include the following: 

(A) Independent review of Vaccine Adverse Event Reporting System reports. 

(B) Periodic surveys of personnel to whom the vaccine is 

administered. 

(C) A continuing longitudinal study of a pre-identified 

group of members of the armed forces (including men and 

women and members from all services). 

(D) Active surveillance of a sample of members to whom 

the anthrax vaccine has been administered that is sufficient to 

identify, at the earliest opportunity, any patterns of adverse reactions, the discovery of which might be delayed by reliance 

solely on the Vaccine Adverse Event Reporting System. 

(2) The Secretary may extend or expand any ongoing or 

planned study or analysis of trends in adverse reactions of members of the armed forces to the anthrax vaccine in order to meet 

any of the requirements in paragraph (1). 

(3) The Secretary shall establish guidelines under which members of the armed forces who are determined by an independent expert panel to be experiencing unexplained adverse reactions may 

obtain access to a Department of Defense Center of Excellence 

treatment facility for expedited treatment and follow up. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 751(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–193.) 
§ 1110a CH. 55—MEDICAL AND DENTAL CARE 640 

§ 1110a. Notification of certain individuals regarding options for enrollment under Medicare part B 

(a) IN GENERAL.—(1) As soon as practicable, the Secretary of 

Defense shall notify each individual described in subsection (b)— 

(A) that the individual is no longer eligible for health care 

benefits under the TRICARE program under this chapter; and 

(B) of options available for enrollment of the individual in 

the supplementary medical insurance program under part B of 

title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.). 

(2) In carrying out this subsection, the Secretary of Defense 

shall— 

(A) establish procedures for identifying individuals described in subsection (b); and 

(B) consult with the Secretary of Health and Human Services to accurately identify and notify such individuals. 

(b) INDIVIDUALS DESCRIBED.—An individual described in this 

subsection is an individual who is— 

(1) a covered beneficiary; 

(2) entitled to benefits under part A of title XVIII of the 

Social Security Act (42 U.S.C. 1395c) under section 226(b) or 

section 226A of such Act (42 U.S.C. 426(b) and 426–1); and 

(3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et 

seq.). 

(Added Pub. L. 111–84, div. A, title VII, Sec. 707(a), Oct. 28, 2009, 123 Stat. 2376.) 

§ 1110b. TRICARE program: extension of dependent coverage 

(a) IN GENERAL.—In accordance with subsection (c), an individual described in subsection (b) shall be deemed to be a dependent (as described in section 1072(2)(D) of this title) for purposes of 

coverage under the TRICARE program. 

(b) INDIVIDUAL DESCRIBED.—An individual described in this 

subsection is an individual who— 

(1) would be a dependent under section 1072(2) of this title 

but for exceeding an age limit under such section; 

(2) has not attained the age of 26; 

(3) is not eligible to enroll in an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal 

Revenue Code of 1986); 

(4) is not otherwise a dependent of a member or a former 

member under any subparagraph of section 1072(2) of this 

title; and 

(5) meets other criteria specified in regulations prescribed 

by the Secretary, similar to regulations prescribed by the Secretary of Health and Human Services under section 2714(b) of 

the Public Health Service Act. 

(c) PREMIUM.—(1) The Secretary shall prescribe by regulation 

a premium (or premiums) for coverage under the TRICARE program provided pursuant to this section to an individual described 

in subsection (b). 

(2) The monthly amount of the premium in effect for a month 

for coverage under the TRICARE program pursuant to this section 
641 § 1110b CH. 55—MEDICAL AND DENTAL CARE 

shall be the amount equal to the cost of such coverage that the Secretary determines on an appropriate actuarial basis. 

(3) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. 

(4) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year in 

which collected, and shall be available under subsection (b) of such 

section for such fiscal year. 

(Added Pub. L. 111–383, div. A, title VII, Sec. 702(a)(1), Jan. 7, 2011, 124 Stat. 4244.) 
642 

CHAPTER 56—DEPARTMENT OF DEFENSE MEDICAREELIGIBLE RETIREE HEALTH CARE FUND 

Sec. 

1111. Establishment and purpose of Fund; definitions; authority to enter into 

agreements. 

1112. Assets of Fund. 

1113. Payments from the Fund. 

1114. Board of Actuaries. 

1115. Determination of contributions to the Fund. 

1116. Payments into the Fund. 

1117. Investment of assets of Fund. 

§ 1111. Establishment and purpose of Fund; definitions; authority to enter into agreements 

(a) There is established on the books of the Treasury a fund 

to be known as the Department of Defense Medicare-Eligible Retiree Health Care Fund (hereinafter in this chapter referred to as 

the ‘‘Fund’’), which shall be administered by the Secretary of the 

Treasury. The Fund shall be used for the accumulation of funds in 

order to finance on an actuarially sound basis liabilities of the uniformed services under uniformed services retiree health care programs for medicare-eligible beneficiaries. 

(b) In this chapter: 

(1) The term ‘‘uniformed services retiree health care programs’’ means the provisions of this title or any other provision 

of law creating an entitlement to or eligibility for health care 

for a member or former member of a participating uniformed 

service who is entitled to retired or retainer pay, and an eligible dependent under such program. 

(2) The term ‘‘eligible dependent’’ means a dependent described in section 1076(a)(2) (other than a dependent of a member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of this 

title. 

(3) The term ‘‘medicare-eligible’’, with respect to any person, means entitled to benefits under part A of title XVIII of 

the Social Security Act (42 U.S.C. 1395c et seq.). 

(4) The term ‘‘participating uniformed service’’ means the 

Army, Navy, Air Force, and Marine Corps, and any other uniformed service that is covered by an agreement entered into 

under subsection (c). 

(5) The term ‘‘members of the uniformed services on active 

duty’’ does not include a cadet at the United States Military 

Academy, the United States Air Force Academy, or the Coast 

Guard Academy or a midshipman at the United States Naval 

Academy. 

(c) The Secretary of Defense shall enter into an agreement 

with each other administering Secretary (as defined in section 

1072(3) of this title) for participation in the Fund by a uniformed 

service under the jurisdiction of that Secretary. The agreement 
643 § 1113 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 

shall require that Secretary to determine contributions to the Fund 

on behalf of the members of the uniformed service under the jurisdiction of that Secretary in a manner comparable to the determination with respect to contributions to the Fund made by the Secretary of Defense under section 1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 

1116(a). 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–179; amended Pub. L. 107–107, div. A, title VII, Sec. 711(a), (b)(1), (e)(1), (2), title X, 

Sec. 1048(a)(12), Dec. 28, 2001, 115 Stat. 1164–1166, 1223; Pub. L. 107–314, div. A, title VII, 

Sec. 704(b), Dec. 2, 2002, 116 Stat. 2584; Pub. L. 108–375, div. A, title VII, Sec. 725(c)(1), Oct. 

28, 2004, 118 Stat. 1992; Pub. L. 109–364, div. A, title V, Sec. 592(a), Oct. 17, 2006, 120 Stat. 

2233.) 

§ 1112. Assets of Fund 

There shall be deposited into the Fund the following, which 

shall constitute the assets of the Fund: 

(1) Amounts paid into the Fund under section 1116 of this 

title. 

(2) Any amount appropriated to the Fund. 

(3) Any return on investment of the assets of the Fund. 

(4) Amounts paid into the Fund pursuant to section 

1111(c) of this title. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–180; amended Pub. L. 107–107, div. A, title VII, Sec. 711(b)(2), Dec. 28, 2001, 115 Stat. 

1165.) 

§ 1113. Payments from the Fund 

(a) There shall be paid from the Fund amounts payable for the 

costs of all uniformed service retiree health care programs for the 

benefit of members or former members of a participating uniformed 

service who are entitled to retired or retainer pay and are medicare 

eligible, and eligible dependents who are medicare eligible. 

(b) The assets of the Fund are hereby made available for payments under subsection (a). 

(c)(1) In carrying out subsection (a), the Secretary of Defense 

may transfer periodically from the Fund to applicable appropriations of the Department of Defense, or to applicable appropriations 

of other departments or agencies, such amounts as the Secretary 

determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for 

beneficiaries under those programs who are medicare-eligible. Such 

transfers may include amounts necessary for the administration of 

such programs. Amounts so transferred shall be merged with and 

be available for the same purposes and for the same time period 

as the appropriation to which transferred. Upon a determination 

that all or part of the funds transferred from the Fund are not necessary for the purposes for which transferred, such amounts may 

be transferred back to the Fund. This transfer authority is in addition to any other transfer authority that may be available to the 

Secretary. 

(2) A transfer from the Fund under paragraph (1) may not be 

made to an appropriation after the end of the second fiscal year 

after the fiscal year that the appropriation is available for obligation. A transfer back to the Fund under paragraph (1) may not be 

made after the end of the second fiscal year after the fiscal year 
§ 1114 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 644 

for which the appropriation to which the funds were originally 

transferred is available for obligation. 

(d) The Secretary of Defense shall by regulation establish the 

method or methods for calculating amounts to be transferred under 

subsection (c). Such method or methods may be based (in whole or 

in part) on a proportionate share of the volume (measured as the 

Secretary determines appropriate) of health care services provided 

or paid for under uniformed service retiree health care programs 

for beneficiaries under those programs who are medicare-eligible in 

relation to the total volume of health care services provided or paid 

for under Department of Defense health care programs. 

(e) The regulations prescribed by the Secretary under subsection (d) shall be provided to the Comptroller General not less 

than 60 days before such regulations become effective. The Comptroller General shall, not later than 30 days after receiving such 

regulations, report to the Secretary of Defense and Congress on the 

adequacy and appropriateness of the regulations. 

(f) If the Secretary of Defense enters into an agreement with 

another administering Secretary pursuant to section 1111(c), the 

Secretary of Defense may take the actions described in subsections 

(c), (d), and (e) on behalf of the beneficiaries and programs of the 

other participating uniformed service. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–180; amended Pub. L. 107–107, div. A, title VII, Sec. 711(c), Dec. 28, 2001, 115 Stat. 

1165.) 

§ 1114. Board of Actuaries 

(a)(1) There is established in the Department of Defense a Department of Defense Medicare-Eligible Retiree Health Care Board 

of Actuaries (hereinafter in this chapter referred to as the ‘‘Board’’). 

The Board shall consist of three members who shall be appointed 

by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. 

(2)(A) Except as provided in subparagraph (B), the members of 

the Board shall serve for a term of 15 years, except that a member 

of the Board appointed to fill a vacancy occurring before the end 

of the term for which his predecessor was appointed shall only 

serve until the end of such term. A member may serve after the 

end of his term until his successor has taken office. A member of 

the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for 

no other reason. 

(B) Of the members of the Board who are first appointed under 

this paragraph, one each shall be appointed for terms ending five, 

ten, and 15 years, respectively, after the date of appointment, as 

designated by the Secretary of Defense at the time of appointment. 

(3) A member of the Board who is not otherwise an employee 

of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay 

under the General Schedule of subchapter III of chapter 53 of title 

5, for each day the member is engaged in the performance of duties 

vested in the Board, and is entitled to travel expenses, including 

a per diem allowance, in accordance with section 5703 of title 5. 
645 § 1115 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 

(b) The Board shall report to the Secretary of Defense annually 

on the actuarial status of the Fund and shall furnish its advice and 

opinion on matters referred to it by the Secretary. 

(c) The Board shall review valuations of the Fund under section 1115(c) of this title and shall report periodically, not less than 

once every four years, to the President and Congress on the status 

of the Fund. The Board shall include in such reports recommendations for such changes as in the Board’s judgment are necessary to 

protect the public interest and maintain the Fund on a sound actuarial basis. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–180; amended Pub. L. 107–107, div. A, title X, Sec. 1048(a)(12), Dec. 28, 2001, 115 Stat. 

1223.) 

§ 1115. Determination of contributions to the Fund 

(a) The Board shall determine the amount that is the present 

value (as of October 1, 2002) of future benefits payable from the 

Fund that are attributable to service in the participating uniformed 

services performed before October 1, 2002. That amount is the 

original unfunded liability of the Fund. The Board shall determine 

the period of time over which the original unfunded liability should 

be liquidated and shall determine an amortization schedule for the 

liquidation of such liability over that period. Contributions to the 

Fund for the liquidation of the original unfunded liability in accordance with such schedule shall be made as provided in section 1116 

of this title. 

(b) The Secretary of Defense shall determine, before the beginning of each fiscal year after September 30, 2005, the total amount 

of the Department of Defense contribution to be made to the Fund 

for that fiscal year for purposes of section 1116(b)(2). That amount 

shall be the sum of the following: 

(1) The product of— 

(A) the current estimate of the value of the single level 

dollar amount to be determined under subsection (c)(1)(A) 

at the time of the next actuarial valuation under subsection (c); and 

(B) the expected average force strength during that 

fiscal year for members of the uniformed services under 

the jurisdiction of the Secretary of Defense on active duty 

and full-time National Guard duty, but excluding any 

member who would be excluded for active-duty end 

strength purposes by section 115(i) of this title. 

(2) The product of— 

(A) the current estimate of the value of the single level 

dollar amount to be determined under subsection (c)(1)(B) 

at the time of the next actuarial valuation under subsection (c); and 

(B) the expected average force strength during that 

fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of 

Defense who are not otherwise described in subparagraph 

(1)(B). 
§ 1115 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 646 

(c)(1) Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of the Fund. Each such 

actuarial valuation shall include— 

(A) a determination (using the aggregate entry-age normal 

cost method) of a single level dollar amount for members of the 

participating uniformed services on active duty and full-time 

National Guard duty, but excluding any member who would be 

excluded for active-duty end strength purposes by section 

115(i) of this title; and 

(B) a determination (using the aggregate entry-age normal 

cost method) of a single level dollar amount for members of the 

Selected Reserve of the participating uniformed services who 

are not otherwise described by subparagraph (A). 

Such single level dollar amounts shall be used for the purposes of 

subsection (b). The Secretary of Defense may determine a separate 

single level dollar amount under subparagraph (A) or (B) for any 

participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and 

appropriate actuarial valuation for that uniformed service. 

(2) If at the time of any such valuation there has been a 

change in benefits under the uniformed services retiree health care 

programs for medicare-eligible beneficiaries that has been made 

since the last such valuation and such change in benefits increases 

or decreases the present value of amounts payable from the Fund, 

the Secretary of Defense shall determine an amortization methodology and schedule for the amortization of the cumulative unfunded 

liability (or actuarial gain to the Fund) created by such change and 

any previous such changes so that the present value of the sum of 

the amortization payments (or reductions in payments that would 

otherwise be made) equals the cumulative increase (or decrease) in 

the present value of such amounts. 

(3) If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or 

loss to the Fund, the Secretary shall determine an amortization 

methodology and schedule for the amortization of the cumulative 

gain or loss to the Fund created by such change in assumptions 

and any previous such changes in assumptions through an increase 

or decrease in the payments that would otherwise be made to the 

Fund. 

(4) If at the time of any such valuation the Secretary of Defense determines that, based upon the Fund’s actuarial experience 

(other than resulting from changes in benefits or actuarial assumptions) since the last valuation, there has been an actuarial gain or 

loss to the Fund, the Secretary shall determine an amortization 

methodology and schedule for the amortization of the cumulative 

gain or loss to the Fund created by such actuarial experience and 

any previous actuarial experience through an increase or decrease 

in the payments that would otherwise be made to the Fund. 

(5) Contributions to the Fund in accordance with amortization 

schedules under paragraphs (2), (3), and (4) shall be made as provided in section 1116 of this title. 

(d) All determinations under this section shall be made using 

methods and assumptions approved by the Board of Actuaries (in-
647 § 1116 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 

cluding assumptions of interest rates and medical inflation) and in 

accordance with generally accepted actuarial principles and practices. 

(e) The Secretary of Defense shall provide for the keeping of 

such records as are necessary for determining the actuarial status 

of the Fund. 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–181; amended Pub. L. 107–107, div. A, title VII, Sec. 711(b)(3), (e)(1), Dec. 28, 2001, 115 

Stat. 1165, 1166; Pub. L. 108–136, div. A, title VII, Sec. 722(a), (c), title X, Sec. 1045(a)(3), Nov. 

24, 2003, 117 Stat. 1532, 1612; Pub. L. 108–375, div. A, title VII, Sec. 725(c)(2)–(5), Oct. 28, 

2004, 118 Stat. 1992; Pub. L. 109–364, div. A, title V, Sec. 592(b), Oct. 17, 2006, 120 Stat. 2233.) 

§ 1116. Payments into the Fund 

(a) At the beginning of each fiscal year after September 30, 

2005, the Secretary of the Treasury shall promptly pay into the 

Fund from the General Fund of the Treasury— 

(1) the amount certified to the Secretary by the Secretary 

of Defense under subsection (c), which shall be the contribution 

to the Fund for that fiscal year required by section 1115; and 

(2) the amount determined by each administering Secretary under section 1111(c) as the contribution to the Fund on 

behalf of the members of the uniformed services under the jurisdiction of that Secretary. 

(b) At the beginning of each fiscal year, the Secretary of Defense shall determine the sum of the following: 

(1) The amount of the payment for that year under the 

amortization schedule determined by the Board of Actuaries 

under section 1115(a) of this title for the amortization of the 

original unfunded liability of the Fund. 

(2) The amount (including any negative amount) of the Department of Defense contribution for that year as determined 

by the Secretary of Defense under section 1115(b) of this title. 

(3) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined 

by the Secretary of Defense under section 1115(c)(2) of this 

title for the amortization of any cumulative unfunded liability 

(or any gain) to the Fund resulting from changes in benefits. 

(4) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined 

by the Secretary of Defense under section 1115(c)(3) of this 

title for the amortization of any cumulative actuarial gain or 

loss to the Fund resulting from actuarial assumption changes. 

(5) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined 

by the Secretary of Defense under section 1115(c)(4) of this 

title for the amortization of any cumulative actuarial gain or 

loss to the Fund resulting from actuarial experience. 

(c) The Secretary of Defense shall promptly certify the amount 

determined under subsection (b) each year to the Secretary of the 

Treasury. 

(d) At the same time as the Secretary of Defense makes the 

certification under subsection (c), the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives the information provided to the Secretary of the 

Treasury under that subsection. 
§ 1117 CH. 56—DOD MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND 648 

(Added Pub. L. 106–398, Sec. 1[[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–182; amended Pub. L. 107–107, div. A, title VII, Sec. 711(b)(4), (d), (e)(1), title X, Sec. 

1048(a)(13), Dec. 28, 2001, 115 Stat. 1165, 1166, 1223; Pub. L. 107–314, div. A, title VII, Sec. 

704(a), Dec. 2, 2002, 116 Stat. 2584; Pub. L. 108–136, div. A, title VII, Sec. 722(b), Nov. 24, 

2003, 117 Stat. 1532; Pub. L. 108–375, div. A, title VII, Sec. 725(a), Oct. 28, 2004, 118 Stat. 

1991.) 

§ 1117. Investment of assets of Fund 

The Secretary of the Treasury shall invest such portion of the 

Fund as is not in the judgment of the Secretary of Defense required 

to meet current withdrawals. Such investments shall be in public 

debt securities with maturities suitable to the needs of the Fund, 

as determined by the Secretary of Defense, and bearing interest at 

rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on 

such investments shall be credited to and form a part of the Fund. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–184.) 
649 

CHAPTER 57—DECORATIONS AND AWARDS 

Sec. 

1121. Legion of Merit: award. 

1122. Medal for Merit: award. 

1123. Right to wear badges of military societies. 

1124. Cash awards for disclosures, suggestions, inventions, and scientific 

achievements. 

1125. Recognition for accomplishments: award of trophies. 

1126. Gold star lapel button: eligibility and distribution. 

1127. Precedence of the award of the Purple Heart. 

1128. Prisoner-of-war medal: issue. 

1129. Purple Heart: members killed or wounded in action by friendly fire. 

1130. Consideration of proposals for decorations not previously submitted in 

timely fashion: procedures for review. 

1131. Purple Heart: limitation to members of the armed forces. 

1132. Presentation of decorations: prohibition on entering correctional facilities 

for presentation to prisoners convicted of serious violent felonies. 

1133. Bronze Star: limitation on persons eligible to receive. 

1134. Medal of honor: award to individual interred in Tomb of the Unknowns as 

representative of casualties of a war. 

1135. Replacement of military decorations. 

§ 1121. Legion of Merit: award 

The President, under regulations to be prescribed by him, may 

award a decoration called the ‘‘Legion of Merit’’, having suitable appurtenances and devices and not more than four degrees, to any 

member of the armed forces of the United States or of any friendly 

foreign nation who, after September 8, 1939, has distinguished 

himself by exceptionally meritorious conduct in performing outstanding services. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.) 

§ 1122. Medal for Merit: award 

The President, under regulations to be prescribed by him, may 

award a decoration called the ‘‘Medal for Merit’’, having distinctive 

appurtenances and devices and only one degree, to any civilian of 

any nation prosecuting the war in existence on July 20, 1942, 

under the joint declaration of the United Nations, as then constituted, or of any other friendly foreign nation, who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. The Medal for 

Merit may be awarded to a civilian of a foreign nation but only for 

performing an exceptionally meritorious or courageous act in the 

furtherance of the war efforts of the United Nations as then constituted. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.) 

§ 1123. Right to wear badges of military societies 

(a) A member of the Army, Navy, Air Force, or Marine Corps 

who is a member of a military society originally composed of men 

who served in an armed force of the United States during the Revo-
§ 1124 CH. 57—DECORATIONS AND AWARDS 650 

lutionary War, the War of 1812, the Mexican War, the Civil War, 

the Spanish-American War, the Philippine Insurrection, or the Chinese Relief Expedition of 1900 may wear, on occasions of ceremony, 

the distinctive badges adopted by that society. 

(b) A member of the Army, Navy, Air Force, or Marine Corps 

who is a member of the Army and Navy Union of the United States 

may wear, on public occasions of ceremony, the distinctive badges 

adopted by that society. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.) 

§ 1124. Cash awards for disclosures, suggestions, inventions, 

and scientific achievements 

(a) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as 

a service in the Navy, may authorize the payment of a cash award 

to, and incur necessary expense for the honorary recognition of, a 

member of the armed forces under his jurisdiction who by his disclosure, suggestion, invention, or scientific achievement contributes 

to the efficiency, economy, or other improvement of operations or 

programs relating to the armed forces. 

(b) Whenever the President considers it desirable, the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in 

the Navy, are authorized to pay a cash award to, and incur necessary expense for the honorary recognition of, a member of the 

armed forces who by his disclosure, suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other 

improvement of operations of the Government of the United States. 

Such award is in addition to any other award made to that member 

under subsection (a). 

(c) An award under this section may be paid notwithstanding 

the member’s death, separation, or retirement from the armed force 

concerned. However, the disclosure, suggestion, invention, or scientific achievement forming the basis for the award must have 

been made while the member was on active duty or in an active 

reserve status and not otherwise eligible for an award under chapter 45 of title 5. 

(d) A cash award under this section is in addition to the pay 

and allowances of the recipient. The acceptance of such an award 

shall constitute— 

(1) an agreement by the member that the use by the 

United States of any idea, method, or device for which the 

award is made may not be the basis of a claim against the 

United States by the member, his heirs, or assigns, or by any 

person whose claim is alleged to be derived through the member; and 

(2) a warranty by the member that he has not at the time 

of acceptance transferred, assigned, or otherwise divested himself of legal or equitable title in any property right residing in 

the idea, method, or device for which the award is made. 

(e) Awards to, and expenses for the honorary recognition of, 

members of the armed forces under this section may be paid from 

(1) the funds or appropriations available to the activity primarily 

benefiting; or (2) the several funds or appropriations of the various 
651 § 1126 CH. 57—DECORATIONS AND AWARDS 

activities benefiting, as may be determined by the President for 

awards under subsection (b), and by the Secretary concerned for 

awards under subsection (a). 

(f) The total amount of the award, or awards, made under this 

section for a disclosure, suggestion, invention, or scientific achievement may not exceed $25,000, regardless of the number of persons 

who may be entitled to share therein. 

(g) Awards under this section shall be made under regulations 

to be prescribed by the Secretary of Defense, or by the Secretary 

of Homeland Security with respect to the Coast Guard when it is 

not operating as a service in the Navy. 

(h) For the purposes of this section, a member of the Commissioned Corps of the National Oceanic and Atmospheric Administration or of the Public Health Service who is serving with an armed 

force shall be treated as if he were a member of that armed force. 

(Added Pub. L. 89–198, Sec. 1(1), Sept. 22, 1965, 79 Stat. 830; amended Pub. L. 89–718, Sec. 

10, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. 

L. 96–470, title I, Sec. 112(c), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96–513, title V, Sec. 511(40), 

Dec. 12, 1980, 94 Stat. 2923; Pub. L. 96–527, title VII, Sec. 772, Dec. 15, 1980, 94 Stat. 3093; 

Pub. L. 99–145, title XII, Sec. 1225(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 730; Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1125. Recognition for accomplishments: award of trophies 

The Secretary of Defense may— 

(1) award medals, trophies, badges, and similar devices to 

members, units, or agencies of an armed force under his jurisdiction for excellence in accomplishments or competitions related to that armed force; and 

(2) provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than 

dishonorable. 

(Added Pub. L. 89–529, Sec. 1(1), Aug. 11, 1966, 80 Stat. 339.) 

§ 1126. Gold star lapel button: eligibility and distribution 

(a) A lapel button, to be known as the gold star lapel button, 

shall be designed, as approved by the Secretary of Defense, to identify widows, parents, and next of kin of members of the armed 

forces— 

(1) who lost their lives during World War I, World War II, 

or during any subsequent period of armed hostilities in which 

the United States was engaged before July 1, 1958; 

(2) who lost or lose their lives after June 30, 1958— 

(A) while engaged in an action against an enemy of 

the United States; 

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

(C) while serving with friendly foreign forces engaged 

in an armed conflict in which the United States is not a 

belligerent party against an opposing armed force; or 

(3) who lost or lose their lives after March 28, 1973, as a 

result of— 

(A) an international terrorist attack against the 

United States or a foreign nation friendly to the United 

States, recognized as such an attack by the Secretary of 

Defense; or 
§ 1127 CH. 57—DECORATIONS AND AWARDS 652 

(B) military operations while serving outside the 

United States (including the commonwealths, territories, 

and possessions of the United States) as part of a peacekeeping force. 

(b) Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned, upon application to him, shall furnish one gold star lapel button without cost to the widow and to 

each parent and next of kin of a member who lost or loses his or 

her life under any circumstances prescribed in subsection (a). 

(c) Not more than one gold star lapel button may be furnished 

to any one individual except that, when a gold star lapel button 

furnished under this section has been lost, destroyed, or rendered 

unfit for use without fault or neglect on the part of the person to 

whom it was furnished, the button may be replaced upon application and payment of an amount sufficient to cover the cost of manufacture and distribution. 

(d) In this section: 

(1) The term ‘‘widow’’ includes widower. 

(2) The term ‘‘parents’’ includes mother, father, stepmother, stepfather, mother through adoption, father through 

adoption, and foster parents who stood in loco parentis. 

(3) The term ‘‘next of kin’’ includes only children, brothers, 

sisters, half brothers, and half sisters. 

(4) The term ‘‘children’’ includes stepchildren and children 

through adoption. 

(5) The term ‘‘World War I’’ includes the period from April 

6, 1917, to March 3, 1921. 

(6) The term ‘‘World War II’’ includes the period from September 8, 1939, to July 25, 1947, at 12 o’clock noon. 

(7) The term ‘‘military operations’’ includes those operations involving members of the armed forces assisting in 

United States Government sponsored training of military personnel of a foreign nation. 

(8) The term ‘‘peacekeeping force’’ includes those personnel 

assigned to a force engaged in a peacekeeping operation authorized by the United Nations Security Council. 

(Added Pub. L. 89–534, Sec. 1(1), Aug. 11, 1966, 80 Stat. 345, Sec. 1124; renumbered Sec. 1126, 

Pub. L. 89–718, Sec. 9, Nov. 2, 1966, 80 Stat. 1117; amended Pub. L. 98–94, title XII, Sec. 

1268(8), Sept. 24, 1983, 97 Stat. 706; Pub. L. 100–26, Sec. 7(k)(5), Apr. 21, 1987, 101 Stat. 284; 

Pub. L. 103–160, div. A, title XI, Sec. 1143, Nov. 30, 1993, 107 Stat. 1757.) 

§ 1127. Precedence of the award of the Purple Heart 

In prescribing regulations establishing the order of precedence 

of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary of the military 

department concerned shall accord the Purple Heart a position of 

precedence, in relation to other awards and decorations authorized 

to be displayed, not lower than that immediately following the 

bronze star. 

(Added Pub. L. 98–525, title V, Sec. 553(a), Oct. 19, 1984, 98 Stat. 2532; amended Pub. L. 99– 

145, title V, Sec. 533, Nov. 8, 1985, 99 Stat. 634.) 
653 § 1129 CH. 57—DECORATIONS AND AWARDS 

§ 1128. Prisoner-of-war medal: issue 

(a) The Secretary concerned shall issue a prisoner-of-war 

medal to any person who, while serving in any capacity with the 

armed forces, was taken prisoner and held captive— 

(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; 

(3) while serving with friendly forces engaged in an armed 

conflict against an opposing armed force in which the United 

States is not a belligerent party; or 

(4) by foreign armed forces that are hostile to the United 

States, under circumstances which the Secretary concerned 

finds to have been comparable to those under which persons 

have generally been held captive by enemy armed forces during periods of armed conflict. 

(b) The prisoner-of-war medal shall be of appropriate design, 

with ribbons and appurtenances. 

(c) In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the 

uniforms of members of the armed forces, the Secretary concerned 

shall accord the prisoner-of-war medal a position of precedence, in 

relation to other awards and decorations authorized to be displayed— 

(1) immediately following decorations awarded for individual heroism, meritorious achievement, or meritorious service, and 

(2) before any other service medal, campaign medal, or 

service ribbon authorized to be displayed. 

(d) Not more than one prisoner-of-war medal may be issued to 

a person. However, for each succeeding service that would otherwise justify the issuance of such a medal, the Secretary concerned 

may issue a suitable device to be worn as the Secretary determines. 

(e) For a person to be eligible for issuance of a prisoner-of-war 

medal, the person’s conduct must have been honorable for the period of captivity which serves as the basis for the issuance. 

(f) If a person dies before the issuance of a prisoner-of-war 

medal to which he is entitled, the medal may be issued to the person’s representative, as designated by the Secretary concerned. 

(g) Under regulations to be prescribed by the Secretary concerned, a prisoner-of-war medal that is lost, destroyed, or rendered 

unfit for use without fault or neglect on the part of the person to 

whom it was issued may be replaced without charge. 

(h) The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this 

section are uniform so far as practicable. 

(Added Pub. L. 99–145, title V, Sec. 532(a)(1), Nov. 8, 1985, 99 Stat. 633; amended Pub. L. 101– 

189, div. A, title V, Sec. 516(a), Nov. 29, 1989, 103 Stat. 1441.) 

§ 1129. Purple Heart: members killed or wounded in action 

by friendly fire 

(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is 
§ 1130 CH. 57—DECORATIONS AND AWARDS 654 

killed or wounded in action as the result of an act of an enemy of 

the United States. 

(b) A member described in this subsection is a member who is 

killed or wounded in action by weapon fire while directly engaged 

in armed conflict, other than as the result of an act of an enemy 

of the United States, unless (in the case of a wound) the wound is 

the result of willful misconduct of the member. 

(c) This section applies to members of the armed forces who 

are killed or wounded on or after December 7, 1941. In the case 

of a member killed or wounded as described in subsection (b) on 

or after December 7, 1941, and before November 30, 1993, the Secretary concerned shall award the Purple Heart under subsection (a) 

in each case which is known to the Secretary before such date or 

for which an application is made to the Secretary in such manner 

as the Secretary requires. 

(Added Pub. L. 103–160, div. A, title XI, Sec. 1141(a), Nov. 30, 1993, 107 Stat. 1756; amended 

Pub. L. 105–85, div. A, title X, Sec. 1073(a)(18), Nov. 18, 1997, 111 Stat. 1901.) 

§ 1130. Consideration of proposals for decorations not previously submitted in timely fashion: procedures for 

review 

(a) Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a 

decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented 

or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. 

Based upon such review, the Secretary shall make a determination 

as to the merits of approving the award or presentation of the decoration. 

(b) Upon making a determination under subsection (a) as to 

the merits of approving the award or presentation of the decoration, the Secretary concerned shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member 

of Congress a detailed discussion of the rationale supporting the 

determination. 

(c) Determinations under this section regarding the award or 

presentation of a decoration shall be made in accordance with the 

same procedures that apply to the approval or disapproval of the 

award or presentation of a decoration when a recommendation for 

such award or presentation is submitted in a timely manner as 

prescribed by law or regulation. 

(d) In this section: 

(1) The term ‘‘Member of Congress’’ means— 

(A) a Senator; or 

(B) a Representative in, or a Delegate or Resident 

Commissioner to, Congress. 

(2) The term ‘‘decoration’’ means any decoration or award 

that may be presented or awarded to a member or unit of the 

armed forces. 

(Added Pub. L. 104–106, div. A, title V, Sec. 526(a), Feb. 10, 1996, 110 Stat. 313; amended Pub. 

L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, 

title X, Sec. 1031(a)(10), Nov. 24, 2003, 117 Stat. 1597.) 
655 § 1135 CH. 57—DECORATIONS AND AWARDS 

§ 1131. Purple Heart: limitation to members of the armed 

forces 

The decoration known as the Purple Heart (authorized to be 

awarded pursuant to Executive Order 11016) may only be awarded 

to a person who is a member of the armed forces at the time the 

person is killed or wounded under circumstances otherwise qualifying that person for award of the Purple Heart. 

(Added Pub. L. 105–85, div. A, title V, Sec. 571(a)(1), Nov. 18, 1997, 111 Stat. 1756.) 

§ 1132. Presentation of decorations: prohibition on entering 

correctional facilities for presentation to prisoners 

convicted of serious violent felonies 

(a) PROHIBITION.—A member of the armed forces may not enter 

a Federal, State, local, or foreign correctional facility to present a 

decoration to a person who is incarcerated due to conviction of a 

serious violent felony. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘decoration’’ means any decoration or award 

that may be presented or awarded to a member of the armed 

forces. 

(2) The term ‘‘serious violent felony’’ has the meaning 

given that term in section 3559(c)(2)(F) of title 18. 

(Added Pub. L. 105–261, div. A, title V, Sec. 537(a), Oct. 17, 1998, 112 Stat. 2019.) 

§ 1133. Bronze Star: limitation on persons eligible to receive 

The decoration known as the ‘‘Bronze Star’’ may only be 

awarded to a member of a military force who— 

(1) at the time of the events for which the decoration is to 

be awarded, was serving in a geographic area in which special 

pay is authorized under section 310 or paragraph (1) or (3) of 

section 351(a) of title 37; or 

(2) receives special pay under section 310 or paragraph (1) 

or (3) of section 351(a) of title 37 as a result of those events. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 541(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–114; amended Pub. L. 111–383, div. A, title V, Sec. 571(a), Jan. 7, 2011, 124 Stat. 4222.) 

§ 1134. Medal of honor: award to individual interred in 

Tomb of the Unknowns as representative of casualties of a war 

The medal of honor awarded posthumously to a deceased member of the armed forces who, as an unidentified casualty of a particular war or other armed conflict, is interred in the Tomb of the 

Unknowns at Arlington National Cemetery, Virginia, is awarded to 

the member as the representative of the members of the armed 

forces who died in such war or other armed conflict and whose remains have not been identified, and not to the individual personally. 

(Added Pub. L. 108–375, div. A, title V, Sec. 561(a), Oct. 28, 2004, 118 Stat. 1917.) 

§ 1135. Replacement of military decorations 

(a) REPLACEMENT.—In addition to other authorities available to 

the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without 
§ 1135 CH. 57—DECORATIONS AND AWARDS 656 

charge, a military decoration upon the request of the recipient of 

the military decoration or the immediate next of kin of a deceased 

recipient. 

(b) MILITARY DECORATION DEFINED.—In this section, the term 

‘‘decoration’’ means any decoration or award (other than the medal 

of honor) that may be presented or awarded by the President or the 

Secretary concerned to a member of the armed forces. 

(Added Pub. L. 110–417, [div. A], title V, Sec. 571(a), Oct. 14, 2008, 122 Stat. 4471.) 
657 

CHAPTER 58—BENEFITS AND SERVICES FOR MEMBERS 

BEING SEPARATED OR RECENTLY SEPARATED 

Sec. 

1141. Involuntary separation defined. 

1142. Preseparation counseling; transmittal of medical records to Department of 

Veterans Affairs. 

1143. Employment assistance. 

1143a. Encouragement of postseparation public and community service. 

1144. Employment assistance, job training assistance, and other transitional 

services: Department of Labor. 

1145. Health benefits. 

1146. Commissary and exchange benefits. 

1147. Use of military family housing. 

1148. Relocation assistance for personnel overseas. 

1149. Excess leave and permissive temporary duty. 

1150. Affiliation with Guard and Reserve units: waiver of certain limitations. 

1151. Retention of assistive technology and services provided before separation. 

1152. Assistance to eligible members and former members to obtain employment 

with law enforcement agencies. 

1153. Assistance to separated members to obtain employment with health care 

providers. 

§ 1141. Involuntary separation defined 

A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was 

on active duty or full-time National Guard duty on September 30, 

1990, or after November 29, 1993, or, with respect to a member of 

the Coast Guard, if the member was on active duty in the Coast 

Guard after September 30, 1994, and— 

(1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than 

adverse conditions, as characterized by the Secretary concerned; 

(2) in the case of a reserve officer who is on the active-duty 

list or, if not on the active-duty list, is on full-time active duty 

(or in the case of a member of the National Guard, full-time 

National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from 

active duty or full-time National Guard (other than a release 

from active duty or full-time National Guard duty incident to 

a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned; 

(3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as 

characterized by the Secretary concerned; and 

(4) in the case of a reserve enlisted member who is on fulltime active duty (or in the case of a member of the National 

Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the 
§ 1142 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 658 

reserve components, the member (A) is denied reenlistment, or 

(B) is involuntarily discharged or released from active duty (or 

full-time National Guard) under other than adverse conditions, 

as characterized by the Secretary concerned. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1551; amended 

Pub. L. 103–160, div. A, title V, Sec. 503, Nov. 30, 1993, 107 Stat. 1644; Pub. L. 103–337, div. 

A, title V, Sec. 542(a)(1), Oct. 5, 1994, 108 Stat. 2767.) 

§ 1142. Preseparation counseling; transmittal of medical 

records to Department of Veterans Affairs 

(a) REQUIREMENT.—(1) Within the time periods specified in 

paragraph (3), the Secretary concerned shall (except as provided in 

paragraph (4)) provide for individual preseparation counseling of 

each member of the armed forces whose discharge or release from 

active duty is anticipated as of a specific date. A notation of the 

provision of such counseling with respect to each matter specified 

in subsection (b), signed by the member, shall be placed in the 

service record of each member receiving such counseling. 

(2) In carrying out this section, the Secretary concerned may 

use the services available under section 1144 of this title. 

(3)(A) In the case of an anticipated retirement, preseparation 

counseling shall commence as soon as possible during the 24-month 

period preceding the anticipated retirement date. In the case of a 

separation other than a retirement, preseparation counseling shall 

commence as soon as possible during the 12-month period preceding the anticipated date. Except as provided in subparagraph 

(B), in no event shall preseparation counseling commence later 

than 90 days before the date of discharge or release. 

(B) In the event that a retirement or other separation is unanticipated until there are 90 or fewer days before the anticipated retirement or separation date, preseparation counseling shall begin 

as soon as possible within the remaining period of service. 

(4)(A) Subject to subparagraph (B), the Secretary concerned 

shall not provide preseparation counseling to a member who is 

being discharged or released before the completion of that member’s first 180 days of active duty. 

(B) Subparagraph (A) shall not apply in the case of a member 

who is being retired or separated for disability. 

(b) MATTERS TO BE COVERED BY COUNSELING.—Counseling 

under this section shall include the following: 

(1) A discussion of the educational assistance benefits to 

which the member is entitled under the Montgomery GI Bill 

and other educational assistance programs because of the 

member’s service in the armed forces. 

(2) A description (to be developed with the assistance of 

the Secretary of Veterans Affairs) of the compensation and vocational rehabilitation benefits to which the member may be 

entitled under laws administered by the Secretary of Veterans 

Affairs, if the member is being medically separated or is being 

retired under chapter 61 of this title. 

(3) An explanation of the procedures for and advantages of 

affiliating with the Selected Reserve. 

(4) Provision of information on civilian occupations and related assistance programs, including information concerning— 
659 § 1142 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

(A) certification and licensure requirements that are 

applicable to civilian occupations; 

(B) civilian occupations that correspond to military occupational specialties; and 

(C) Government and private-sector programs for job 

search and job placement assistance, including the public 

and community service jobs program carried out under section 1143a of this title, and information regarding the 

placement programs established under sections 1152 and 

1153 of this title and the Troops-to-Teachers Program 

under section 2302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672). 

(5) If the member has a spouse, job placement counseling 

for the spouse. 

(6) Information concerning the availability of relocation assistance services and other benefits and services available to 

persons leaving military service, as provided under section 

1144 of this title. 

(7) Information concerning the availability of medical and 

dental coverage following separation from active duty, including the opportunity to elect into the conversion health policy 

provided under section 1145 of this title. 

(8) Counseling (for the member and dependents) on the effect of career change on individuals and their families. 

(9) Financial planning assistance. 

(10) The creation of a transition plan for the member to attempt to achieve the educational, training, and employment objectives of the member and, if the member has a spouse, the 

spouse of the member. 

(11) Information concerning the availability of mental 

health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other 

mental health conditions associated with service in the armed 

forces. 

(12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement 

services provided under qualified job training programs of the 

Department of Labor. 

(13) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business 

Administration and the National Veterans Business Development Corporation. 

(14) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38. 

(15) Information concerning veterans preference in Federal 

employment and Federal procurement opportunities. 

(16) Contact information for housing counseling assistance. 

(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits to 

which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. 

(c) TRANSMITTAL OF MEDICAL INFORMATION TO DEPARTMENT OF

VETERANS AFFAIRS.—In the case of a member being medically separated or being retired under chapter 61 of this title, the Secretary 
§ 1143 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 660 

concerned shall ensure (subject to the consent of the member) that 

a copy of the member’s service medical record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1552; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(a)(5), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102–484, 

div. D, title XLIV, Sec. 4401, 4441(b), 4462(b), Oct. 23, 1992, 106 Stat. 2701, 2730, 2740; Pub. 

L. 103–35, title II, Sec. 201(i)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103–160, div. A, title 

XIII, Sec. 1332(c), Nov. 30, 1993, 107 Stat. 1797; Pub. L. 106–398, Sec. 1[[div. A], title X, Sec. 

1087(a)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290; Pub. L. 107–103, title III, Sec. 302(a), 

Dec. 27, 2001, 115 Stat. 991; Pub. L. 109–163, div. A, title V, Sec. 594, Jan. 6, 2006, 119 Stat. 

3281; Pub. L. 111–84, div. A, title X, Sec. 1073(a)(13), Oct. 28, 2009, 123 Stat. 2473.) 

§ 1143. Employment assistance 

(a) EMPLOYMENT SKILLS VERIFICATION.—The Secretary of Defense and the Secretary of Homeland Security with respect to the 

Coast Guard shall provide to members of the armed forces who are 

discharged or released from active duty a certification or 

verification of any job skills and experience acquired while on active duty that may have application to employment in the civilian 

sector. The preceding sentence shall be carried out in conjunction 

with the Secretary of Labor. 

(b) EMPLOYMENT ASSISTANCE CENTERS.—The Secretary of Defense shall establish permanent employment assistance centers at 

appropriate military installations. The Secretary of Homeland Security shall establish permanent employment assistance centers at 

appropriate Coast Guard installations. 

(c) INFORMATION TO CIVILIAN ENTITIES.—For the purpose of assisting members covered by subsection (a) and their spouses in locating civilian employment and training opportunities, the Secretary of Defense and the Secretary of Homeland Security shall establish and implement procedures to release to civilian employers, 

organizations, State employment agencies, and other appropriate 

entities the names (and other pertinent information) of such members and their spouses. Such names may be released for such purpose only with the consent of such members and spouses. 

(d) EMPLOYMENT PREFERENCE BY NONAPPROPRIATED FUND INSTRUMENTALITIES.—The Secretary of Defense shall take such steps 

as necessary to provide that members of Army, Navy, Air Force, or 

Marine Corps who are involuntarily separated, and the dependents 

of such members, shall be provided a preference in hiring by nonappropriated fund instrumentalities of the Department. Such preference shall be administered in the same manner as the preference 

for military spouses provided under section 1784(a)(2) of this title, 

except that a preference under that section shall have priority over 

a preference under this subsection. A person may receive a preference in hiring under this subsection only once. The Secretary of 

Homeland Security shall provide the same preference in hiring to 

involuntarily separated members of the Coast Guard, and the dependents of such members, in Coast Guard nonappropriated fund 

instrumentalities. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1553; amended 

Pub. L. 103–337, div. A, title V, Sec. 542(a)(2), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 105–85, 

div. A, title X, Sec. 1073(a)(21), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 
661 § 1143a CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

§ 1143a. Encouragement of postseparation public and community service 

(a) IN GENERAL.—The Secretary of Defense shall implement a 

program to encourage members and former members of the armed 

forces to enter into public and community service jobs after discharge or release from active duty. 

(b) PERSONNEL REGISTRY.—The Secretary shall maintain a registry of members and former members of the armed forces discharged or released from active duty who request registration for 

assistance in pursuing public and community service job opportunities. The registry shall include information on the particular job 

skills, qualifications, and experience of the registered personnel. 

(c) REGISTRY OF PUBLIC SERVICE AND COMMUNITY SERVICE ORGANIZATIONS.—The Secretary shall also maintain a registry of public service and community service organizations. The registry shall 

contain information regarding each organization, including its location, its size, the types of public and community service positions 

in the organization, points of contact, procedures for applying for 

such positions, and a description of each such position that is likely 

to be available. Any such organization may request registration 

under this subsection and, subject to guidelines prescribed by the 

Secretary, be registered. 

(d) ASSISTANCE TO BE PROVIDED.—(1) The Secretary shall actively attempt to match personnel registered under subsection (b) 

with public and community service job opportunities and to facilitate job-seeking contacts between such personnel and the employers offering the jobs. 

(2) The Secretary shall offer personnel registered under subsection (b) counselling services regarding— 

(A) public service and community service organizations; 

and 

(B) procedures and techniques for qualifying for and applying for jobs in such organizations. 

(3) The Secretary may provide personnel registered under subsection (b) with access to the interstate job bank program of the 

United States Employment Service if the Secretary determines that 

such program meets the needs of separating members of the armed 

forces for job placement. 

(e) CONSULTATION REQUIREMENT.—In carrying out this section, 

the Secretary shall consult closely with the Secretary of Labor, the 

Secretary of Veterans Affairs, the Secretary of Education, the Director of the Office of Personnel Management, appropriate representatives of State and local governments, and appropriate representatives of businesses and nonprofit organizations in the private sector. 

(f) DELEGATION.—The Secretary, with the concurrence of the 

Secretary of Labor, may designate the Secretary of Labor as the executive agent of the Secretary of Defense for carrying out all or 

part of the responsibilities provided in this section. Such a designation does not relieve the Secretary of Defense from the responsibility for the implementation of the provisions of this section. 
§ 1144 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 662 

(g) DEFINITIONS.—In this section, the term ‘‘public service and 

community service organization’’ includes the following organizations: 

(1) Any organization that provides the following services: 

(A) Elementary, secondary, or postsecondary school 

teaching or administration. 

(B) Support of such teaching or school administration. 

(C) Law enforcement. 

(D) Public health care. 

(E) Social services. 

(F) Any other public or community service. 

(2) Any nonprofit organization that coordinates the provision of services described in paragraph (1). 

(h) COAST GUARD.—This section shall apply to the Coast Guard 

in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall implement the requirements of this section for the Coast Guard. 

(Added Pub. L. 102–484, div. D, title XLIV, Sec. 4462(a)(1), Oct. 23, 1992, 106 Stat. 2738; 

amended Pub. L. 103–337, div. A, title V, Sec. 542(a)(3), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 

107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1144. Employment assistance, job training assistance, and 

other transitional services: Department of Labor 

(a) IN GENERAL.—(1) The Secretary of Labor, in conjunction 

with the Secretary of Defense, the Secretary of Homeland Security, 

and the Secretary of Veterans Affairs, shall establish and maintain 

a program to furnish counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to 

members of the armed forces under the jurisdiction of the Secretary concerned who are being separated from active duty and the 

spouses of such members. Such services shall be provided to a 

member within the time periods provided under paragraph (3) of 

section 1142(a) of this title, except that the Secretary concerned 

shall not provide preseparation counseling to a member described 

in paragraph (4)(A) of such section. 

(2) The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the 

Secretary of Labor in establishing and maintaining the program 

under this section. 

(3) The Secretaries referred to in paragraph (1) shall enter into 

a detailed agreement to carry out this section. 

(b) ELEMENTS OF PROGRAM.—In establishing and carrying out 

a program under this section, the Secretary of Labor shall do the 

following: 

(1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities, 

(C) instruction in resume preparation, and (D) job analysis 

techniques, job search techniques, and job interview techniques. 

(2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237. 
663 § 1144 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

(3) Provide information concerning Federal, State, and 

local programs, and programs of military and veterans’ service 

organizations, that may be of assistance to such members after 

separation from the armed forces, including, as appropriate, 

the information and services to be provided under section 1142 

of this title. 

(4) Inform such members that the Department of Defense 

and the Department of Homeland Security are required under 

section 1143(a) of this title to provide proper certification or 

verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills. 

(5) Provide information and other assistance to such members in their efforts to obtain loans and grants from the Small 

Business Administration and other Federal, State, and local 

agencies. 

(6) Provide information about the geographic areas in 

which such members will relocate after separation from the 

armed forces, including, to the degree possible, information 

about employment opportunities, the labor market, and the 

cost of living in those areas (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care). 

(7) Work with military and veterans’ service organizations 

and other appropriate organizations in promoting and publicizing job fairs for such members. 

(8) Provide information regarding the public and community service jobs program carried out under section 1143a of 

this title. 

(c) PARTICIPATION.—The Secretary of Defense and the Secretary of Homeland Security shall encourage and otherwise promote maximum participation by members of the armed forces eligible for assistance under the program carried out under this section. 

(d) USE OF PERSONNEL AND ORGANIZATIONS.—In carrying out 

the program established under this section, the Secretaries may— 

(1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans’ employment 

representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary 

of Labor determines that such use will not significantly interfere with the provision of services or other benefits to eligible 

veterans and other eligible recipients of such services or benefits; 

(2) use military and civilian personnel of the Department 

of Defense and the Department of Homeland Security; 

(3) use personnel of the Veterans Benefits Administration 

of the Department of Veterans Affairs and other appropriate 

personnel of that Department; 

(4) use representatives of military and veterans’ service organizations; 

(5) enter into contracts with public or private entities; and 

(6) take other necessary action to develop and furnish the 

information and services to be provided under this section. 
§ 1145 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 664 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1553; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(a)(6), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102–484, 

div. D, title XLIV, Sec. 4462(c), 4469, Oct. 23, 1992, 106 Stat. 2740, 2752; Pub. L. 103–337, div. 

A, title V, Sec. 543(b), Oct. 5, 1994, 108 Stat. 2769; Pub. L. 107–103, title III, Sec. 302(b), Dec. 

27, 2001, 115 Stat. 992; Pub. L. 107–107, div. A, title X, Sec. 1048(e)(1), Dec. 28, 2001, 115 Stat. 

1227; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1145. Health benefits 

(a) TRANSITIONAL HEALTH CARE.—(1) For the time period described in paragraph (4), a member of the armed forces who is separated from active duty as described in paragraph (2) (and the dependents of the member) shall be entitled to receive— 

(A) except as provided in paragraph (3), medical and dental care under section 1076 of this title in the same manner as 

a dependent described in subsection (a)(2) of such section; and 

(B) health benefits contracted under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section. 

(2) This subsection applies to the following members of the 

armed forces: 

(A) A member who is involuntarily separated from active 

duty. 

(B) A member of a reserve component who is separated 

from active duty to which called or ordered in support of a contingency operation if the active duty is active duty for a period 

of more than 30 days. 

(C) A member who is separated from active duty for which 

the member is involuntarily retained under section 12305 of 

this title in support of a contingency operation. 

(D) A member who is separated from active duty served 

pursuant to a voluntary agreement of the member to remain 

on active duty for a period of less than one year in support of 

a contingency operation. 

(E) A member who receives a sole survivorship discharge 

(as defined in section 1174(i) of this title). 

(F) A member who is separated from active duty who 

agrees to become a member of the Selected Reserve of the 

Ready Reserve of a reserve component. 

(3) In the case of a member described in paragraph (2)(B), the 

dental care to which the member is entitled under this subsection 

shall be the dental care to which a member of the uniformed services on active duty for more than 30 days is entitled under section 

1074 of this title. 

(4) Except as provided in paragraph (7), transitional health 

care for a member under subsection (a) shall be available for 180 

days beginning on the date on which the member is separated from 

active duty. 

(5)(A) The Secretary concerned shall require a member of the 

armed forces scheduled to be separated from active duty as described in paragraph (2) to undergo a physical examination immediately before that separation. The physical examination shall be 

conducted in accordance with regulations prescribed by the Secretary of Defense. 

(B) Notwithstanding subparagraph (A), if a member of the 

armed forces scheduled to be separated from active duty as described in paragraph (2) has otherwise undergone a physical exam-
665 § 1145 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

ination within 12 months before the scheduled date of separation 

from active duty, the requirement for a physical examination under 

subparagraph (A) may be waived in accordance with regulations 

prescribed under this paragraph. Such regulations shall require 

that such a waiver may be granted only with the consent of the 

member and with the concurrence of the member’s unit commander. 

(6)(A) The Secretary of Defense shall, in consultation with the 

Secretary of Veterans Affairs, ensure that appropriate actions are 

taken to assist a member of the armed forces who, as a result of 

a medical examination under paragraph (5), receives an indication 

for a referral for follow up treatment from the health care provider 

who performs the examination. 

(B) Assistance provided to a member under paragraph (1) shall 

include the following: 

(i) Information regarding, and any appropriate referral for, 

the care, treatment, and other services that the Secretary of 

Veterans Affairs may provide to such member under any other 

provision of law, including— 

(I) clinical services, including counseling and treatment for post-traumatic stress disorder and other mental 

health conditions; and 

(II) any other care, treatment, and services. 

(ii) Information on the private sector sources of treatment 

that are available to the member in the member’s community. 

(iii) Assistance to enroll in the health care system of the 

Department of Veterans Affairs for health care benefits for 

which the member is eligible under laws administered by the 

Secretary of Veterans Affairs. 

(7)(A) A member who has a medical condition relating to service on active duty that warrants further medical care that has been 

identified during the member’s 180-day transition period, which 

condition can be resolved within 180 days as determined by a Department of Defense physician, shall be entitled to receive medical 

and dental care for that medical condition, and that medical condition only, as if the member were a member of the armed forces on 

active duty for 180 days following the diagnosis of the condition. 

(B) The Secretary concerned shall ensure that the Defense Enrollment and Eligibility Reporting System (DEERS) is continually 

updated in order to reflect the continuing entitlement of members 

covered by subparagraph (A) to the medical and dental care referred to in that subparagraph. 

(b) CONVERSION HEALTH POLICIES.—(1) The Secretary of Defense shall inform each member referred to in subsection (a) before 

the date of the member’s discharge or release from active duty of 

the availability for purchase by the member of a conversion health 

policy for the member and the dependents of that member. A conversion health policy offered under this paragraph shall provide 

coverage for not less than an 18-month period. 

(2) If a member referred to in subsection (a) purchases a conversion health policy during the period applicable to the member 

(or within a reasonable time after that period as prescribed by the 

Secretary of Defense), the Secretary shall provide health care, or 
§ 1145 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 666 

pay the costs of health care provided, to the member and the dependents of the member— 

(A) during the 18-month period beginning on the date on 

which coverage under the conversion health policy begins; and 

(B) for a condition (including pregnancy) that exists on 

such date and for which care is not provided under the policy 

solely on the grounds that the condition is a preexisting condition. 

(3) The Secretary of Defense may arrange for the provision of 

health care described in paragraph (2) through a contract with the 

insurer offering the conversion health policy. 

(4) If the Secretary of Defense is unable, within a reasonable 

time, to enter into a contract with a private insurer to provide the 

conversion health policy required under paragraph (1) at a rate not 

to exceed the payment required under section 8905a(d)(1)(A) of title 

5 for comparable coverage, the Secretary shall offer such a policy 

under the Civilian Health and Medical Program of the Uniformed 

Services. Subject to paragraph (5), a member purchasing a policy 

from the Secretary shall be required to pay into the Military 

Health Care Account or other appropriate account an amount equal 

to the sum of— 

(A) the individual and Government contributions which 

would be required in the case of a person enrolled in a health 

benefits plan contracted for under section 1079 of this title; 

and 

(B) an amount necessary for administrative expenses, but 

not to exceed two percent of the amount under subparagraph 

(A). 

(5) The amount paid by a member who purchases a conversion 

health policy from the Secretary of Defense under paragraph (4) 

may not exceed the payment required under section 8905a(d)(1)(A) 

of title 5 for comparable coverage. 

(6) In order to reduce premiums required under paragraph (4), 

the Secretary of Defense may offer a conversion health policy that, 

with respect to mental health services, offers reduced coverage and 

increased cost-sharing by the purchaser. 

(c) HEALTH CARE FOR CERTAIN SEPARATED MEMBERS NOT OTHERWISE ELIGIBLE.—(1) Consistent with the authority of the Secretary concerned to designate certain classes of persons as eligible 

to receive health care at a military medical facility, the Secretary 

concerned should consider authorizing, on an individual basis in 

cases of hardship, the provision of that care for a member who is 

separated from the armed forces, and is ineligible for transitional 

health care under subsection (a) or does not obtain a conversion 

health policy (or a dependent of the member). 

(2) The Secretary concerned shall give special consideration to 

requests for such care in cases in which the condition for which 

treatment is required was incurred or aggravated by the member 

or the dependent before the date of the separation of the member, 

particularly if the condition is a result of the particular circumstances of the service of the member. 

(d) DEFINITION.—In this section, the term ‘‘conversion health 

policy’’ means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and 
667 § 1146 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

a private insurer, that is available for purchase by or for the use 

of a person who is no longer a member of the armed forces or a 

covered beneficiary. 

(e) COAST GUARD.—The Secretary of Homeland Security shall 

implement this section for the members of the Coast Guard and 

their dependents. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1555; amended 

Pub. L. 102–484, div. D, title XLIV, Sec. 4407(a), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103– 

160, div. A, title V, Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title 

V, Sec. 542(a)(4), Oct. 5, 1994, 108 Stat. 2768; Pub. L 105–261, div. A, title V, Sec. 561(h), Oct. 

17, 1998, 112 Stat. 2026; Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 571(h)], Oct. 30, 2000, 

114 Stat. 1654, 1654A–134; Pub. L. 107–107, div. A, title VII, Sec. 736(a), (b), Dec. 28, 2001, 

115 Stat. 1172; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. 

L. 107–314, div. A, title VII, Sec. 706(a), (b), Dec. 2, 2002, 116 Stat. 2585; Pub. L. 108–375, div. 

A, title VII, Sec. 706(a)(1), (3), (b), Oct. 28, 2004, 118 Stat. 1983; Pub. L. 109–163, div. A, title 

VII, Sec. 749, Jan. 6, 2006, 119 Stat. 3364; Pub. L. 110–181, div. A, title XVI, Sec. 1637, Jan. 

28, 2008, 122 Stat. 464; Pub. L. 110–317, Sec. 4, Aug. 29, 2008, 122 Stat. 3528; Pub. L. 110– 

417, [div. A], title VII, Sec. 734(a), Oct. 14, 2008, 122 Stat. 4513; Pub. L. 111–84, div. A, title 

VII, Sec. 703, Oct. 28, 2009, 123 Stat. 2373.) 

§ 1146. Commissary and exchange benefits 

(a) MEMBERS INVOLUNTARILY SEPARATED FROM ACTIVE

DUTY.—The Secretary of Defense shall prescribe regulations to 

allow a member of the armed forces who is involuntarily separated 

from active duty during the period beginning on October 1, 2007, 

and ending on December 31, 2012, to continue to use commissary 

and exchange stores during the two-year period beginning on the 

date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary of Transportation 

shall implement this provision for Coast Guard members involuntarily separated during the same period. 

(b) MEMBERS INVOLUNTARILY SEPARATED FROM SELECTED RESERVE.—The Secretary of Defense shall prescribe regulations to 

allow a member of the Selected Reserve of the Ready Reserve who 

is involuntarily separated from the Selected Reserve as a result of 

the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on 

December 31, 2012, to continue to use commissary and exchange 

stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary of Homeland Security shall implement this provision for Coast Guard members involuntarily separated during the same period. 

(c) MEMBERS RECEIVING SOLE SURVIVORSHIP DISCHARGE.—A 

member of the armed forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and exchange stores and morale, welfare, 

and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the 

following dates: 

(1) The date of the separation of the member. 

(2) The date on which the member is first notified of the 

member’s entitlement to benefits under this section. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended 

Pub. L. 103–160, div. A, title V, Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, 

div. A, title V, Sec. 542(a)(5), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, Sec. 

561(i), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 571(i)], Oct. 
§ 1147 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 668 

30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 110–181, div. A, title VI, Sec. 651, Jan. 28, 2008, 

122 Stat. 162; Pub. L. 110–317, Sec. 5, Aug. 29, 2008, 122 Stat. 3528; Pub. L. 111–383, div. 

A, title X, Sec. 1075(b)(16), Jan. 7, 2011, 124 Stat. 4369.) 

§ 1147. Use of military family housing 

(a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.—(1) 

The Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals 

who are involuntarily separated during the period beginning on October 1, 1990, and ending on December 31, 2001, to continue for 

not more than 180 days after the date of such separation to reside 

(along with other members of the individual’s household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces. 

(2) The Secretary of Transportation may prescribe regulations 

to permit members of the Coast Guard who are involuntarily separated during the period beginning on October 1, 1994, and ending 

on December 31, 2001, to continue for not more than 180 days after 

the date of such separation to reside (along with others of the 

member’s household) in military family housing provided or leased 

by the Coast Guard to the individual as a member of the armed 

forces. 

(b) RENTAL CHARGES.—The Secretary concerned, pursuant to 

such regulations, shall require a reasonable rental charge for the 

continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such 

charge in any case of hardship. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended 

Pub. L. 103–160, div. A, title V, Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, 

div. A, title V, Sec. 542(a)(6), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, Sec. 

561(j), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 571(j)], Oct. 

30, 2000, 114 Stat. 1654, 1654A–135.) 

§ 1148. Relocation assistance for personnel overseas 

The Secretary of Defense and the Secretary of Homeland Security shall develop a program specifically to assist members of the 

armed forces stationed overseas who are preparing for discharge or 

release from active duty, and the dependents of such members, in 

readjusting to civilian life. The program shall focus on the special 

needs and requirements of such members and dependents due to 

their overseas locations and shall include, to the maximum extent 

possible, computerized job relocation assistance and job search information. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended 

Pub. L. 103–337, div. A, title V, Sec. 542(a)(7), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1149. Excess leave and permissive temporary duty 

Under regulations prescribed by the Secretary of Defense or 

the Secretary of Homeland Security with respect to the Coast 

Guard, the Secretary concerned shall grant a member of the armed 

forces who is to be involuntarily separated such excess leave (for 

a period not in excess of 30 days), or such permissive temporary 

duty (for a period not in excess of 10 days), as the member requires 

in order to facilitate the member’s carrying out necessary relocation 
669 § 1152 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

activities (such as job search and residence search activities), unless to do so would interfere with military missions. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended 

Pub. L. 103–337, div. A, title V, Sec. 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1150. Affiliation with Guard and Reserve units: waiver of 

certain limitations 

(a) PREFERENCE FOR CERTAIN PERSONS.—A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to 

become a member of a National Guard or Reserve unit within one 

year after the date of such separation shall be given preference 

over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies. 

(b) LIMITED WAIVER OF STRENGTH LIMITATIONS.—Under regulations prescribed by the Secretary of Defense, a person covered by 

subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained 

in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good 

standing in that unit. 

(c) COAST GUARD.—This section shall apply to the Coast Guard 

in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall 

prescribe regulations to implement this section for the Coast 

Guard. 

(Added Pub. L. 101–510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended 

Pub. L. 102–484, div. A, title V, Sec. 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. 

A, title V, Sec. 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, Sec. 

542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, Sec. 561(p), Oct. 17, 

1998, 112 Stat. 2027; Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 571(o)], Oct. 30, 2000, 114 

Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 

2314.) 

§ 1151. Retention of assistive technology and services provided before separation 

(a) AUTHORITY.—A member of the armed forces who is provided an assistive technology or assistive technology device for a severe or debilitating illness or injury incurred or aggravated by such 

member while on active duty may, under regulations prescribed by 

the Secretary of Defense, be authorized to retain such assistive 

technology or assistive technology device upon the separation of the 

member from active service. 

(b) DEFINITIONS.—In this section, the terms ‘‘assistive technology’’ and ‘‘assistive technology device’’ have the meaning given 

those terms in section 3 of the Assistive Technology Act of 1998 (29 

U.S.C. 3002). 

(Added Pub. L. 109–364, div. A, title V, Sec. 561(a), Oct. 17, 2006, 120 Stat. 2219.) 

§ 1152. Assistance to eligible members and former members 

to obtain employment with law enforcement agencies 

(a) PLACEMENT PROGRAM.—The Secretary of Defense, and the 

Secretary of Homeland Security with respect to the Coast Guard, 

may enter into an agreement with the Attorney General to estab-
§ 1152 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 670 

lish or participate in a program to assist eligible members and 

former members of the armed forces to obtain employment as law 

enforcement officers with eligible law enforcement agencies following the discharge or release of such members or former members from active duty. Eligible law enforcement agencies shall consist of State law enforcement agencies, local law enforcement agencies, and Indian tribes that perform law enforcement functions (as 

determined by the Secretary of the Interior). 

(b) ELIGIBLE MEMBERS.—Any individual who, during the 6- 

year period beginning on October 1, 1993, is a member of the 

armed forces and is separated with an honorable discharge or is released from service on active duty characterized as honorable by 

the Secretary concerned shall be eligible to participate in a program covered by an agreement referred to in subsection (a). 

(c) SELECTION.—In the selection of applicants for participation 

in a program covered by an agreement referred to in subsection (a), 

preference shall be given to a member or former member who— 

(1) is selected for involuntary separation, is approved for 

separation under section 1174a or 1175 of this title, or retires 

pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act 

of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 

note); and 

(2) has a military occupational specialty, training, or experience related to law enforcement (such as service as a member 

of the military police) or satisfies such other criteria for selection as the Secretary, the Attorney General, or a participating 

eligible law enforcement agency prescribed in accordance with 

the agreement. 

(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The Secretary of 

Defense, and the Secretary of Homeland Security with respect to 

the Coast Guard, may provide funds to the Attorney General for 

grants under this section to reimburse participating eligible law enforcement agencies for costs, including salary and fringe benefits, 

of employing members or former members pursuant to a program 

referred to in subsection (a). 

(2) No grant with respect to an eligible member or former 

member may exceed a total of $50,000. 

(3) Any grant with respect to an eligible member or former 

member shall be disbursed within 5 years after the date of the 

placement of a member or former member with a participating eligible law enforcement agency. 

(4) Preference in awarding grants through existing law enforcement hiring programs shall be given to State or local law enforcement agencies or Indian tribes that agree to hire eligible members 

and former members. 

(e) ADMINISTRATIVE EXPENSES.—Ten percent of the amount, if 

any, appropriated for a fiscal year to carry out the program established pursuant to subsection (a) may be used to administer the 

program. 

(f) REQUIREMENT FOR APPROPRIATION.—No person may be selected to participate in the program established pursuant to subsection (a) unless a sufficient amount of appropriated funds is 

available at the time of the selection to satisfy the obligations to 
671 § 1153 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

be incurred by the United States under an agreement referred to 

in subsection (a) that applies with respect to the person. 

(g) AUTHORITY TO EXPAND PLACEMENT TO INCLUDE FIREFIGHTERS.—(1) The Secretary may expand the placement activities 

authorized by subsection (a) to include the placement of eligible 

members and former members and eligible civilian employees of 

the Department of Defense as firefighters or members of rescue 

squads or ambulance crews with public fire departments. 

(2) The expansion authorized by this subsection may be made 

through a program covered by an agreement referred to in subsection (a), if feasible, or in such other manner as the Secretary 

considers appropriate. 

(3) A civilian employee of the Department of Defense shall be 

eligible to participate in the expanded placement activities authorized under this subsection if the employee, during the six-year period beginning October 1, 1993, is terminated from such employment as a result of reductions in defense spending or the closure 

or realignment of a military installation, as determined by the Secretary of Defense. 

(Added Pub. L. 103–160, div. A, title XIII, Sec. 1332(a), Nov. 30, 1993, 107 Stat. 1793; amended 

Pub. L. 103–337, div. A, title V, Sec. 543(d), title XI, Sec. 1132(a)(1), Oct. 5, 1994, 108 Stat. 

2771, 2872; Pub. L. 104–106, div. A, title XV, Sec. 1503(a)(11), Feb. 10, 1996, 110 Stat. 511; 

Pub. L. 104–201, div. A, title V, Sec. 575, Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105–85, div. 

A, title X, Sec. 1073(a)(20), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 107–296, title XVII, Sec. 

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1153. Assistance to separated members to obtain employment with health care providers 

(a) PLACEMENT PROGRAM.—The Secretary of Defense, and the 

Secretary of Homeland Security with respect to the Coast Guard, 

may establish a program to assist eligible members of the armed 

forces to obtain employment with health care providers upon their 

discharge or release from active duty. 

(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 

(2), a member shall be eligible for selection to participate in the 

program established under subsection (a) if the member— 

(A) is selected for involuntary separation, is approved for 

separation under section 1174a or 1175 of this title, or retires 

pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act 

of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 

note) during the six-year period beginning on October 1, 1993; 

(B) has received an associate degree, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and 

(C) has a military occupational specialty, training, or experience related to health care, is likely to be able to obtain such 

training in a short period of time (as determined by the Secretary concerned), or satisfies such other criteria for selection 

as the Secretary concerned may prescribe. 

(2) For purposes of this section, a former member of the armed 

forces who did not meet the minimum educational qualification criterion set forth in paragraph (1)(B) for placement assistance before 

discharge or release from active duty shall be considered to be a 

member satisfying such educational qualification criterion upon 
§ 1153 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS 672 

satisfying that criterion within five years after discharge or release 

from active duty. 

(3) A member who is discharged or released from service under 

other than honorable conditions shall not be eligible to participate 

in the program. 

(c) SELECTION OF PARTICIPANTS.—(1) The Secretary of Defense, 

and the Secretary of Homeland Security with respect to the Coast 

Guard, shall select members to participate in the program established under subsection (a) on the basis of applications submitted 

to the Secretary concerned not later than one year after the date 

of the discharge or release of the members from active duty or, in 

the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (b)(2), not 

later than one year after the date on which the applicant becomes 

educationally qualified. An application shall be in such form and 

contain such information as the Secretaries may require. 

(2) The Secretary of Defense, and the Secretary of Homeland 

Security with respect to the Coast Guard, may not select a member 

to participate in the program unless the Secretary concerned has 

sufficient appropriations for the placement program available at 

the time of the selection to satisfy the obligations to be incurred by 

the United States under subsection (d) with respect to that member. 

(3)(A) The Secretaries shall provide under the program for 

identifying, during each fiscal year in the period referred to in subsection (b)(1)(A), noncommissioned officers who, on or before the 

end of such fiscal year, will have completed 10 or more years of 

continuous active duty, who have the potential to perform competently in employment positions with health care providers, but 

who do not satisfy the minimum educational qualification criterion 

under subsection (b)(1)(B) for placement assistance. 

(B) The Secretaries shall inform noncommissioned officers 

identified under subparagraph (A) of the opportunity to qualify in 

accordance with subsection (b)(2) for placement assistance under 

the program. 

(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The Secretary of 

Defense and the Secretary of Homeland Security may enter into an 

agreement with a health care provider to assist eligible members 

selected under subsection (c) to obtain suitable employment with 

the health care provider. Under such an agreement, a health care 

provider shall agree to employ a participant in the program on a 

full-time basis for at least five years. 

(2) Under an agreement referred to in paragraph (1), the Secretary concerned shall agree to pay to the health care provider involved an amount based upon the basic salary paid by the health 

care provider to the participant. The rate of payment by the Secretary concerned shall be as follows: 

(A) For the first year of employment, 50 percent of the 

basic salary, except that the payment may not exceed $25,000. 

(B) For the second year of employment, 40 percent of the 

basic salary, except that the payment may not exceed $10,000. 

(C) For the third year of employment, 30 percent of the 

basic salary, except that the payment may not exceed $7,500. 
673 § 1153 CH. 58—BENEFITS & SERVICES FOR SEPARATED MEMBERS

(D) For the fourth year of employment, 20 percent of the 

basic salary, except that the payment may not exceed $5,000. 

(E) For the fifth year of employment, 10 percent of the 

basic salary, except that the payment may not exceed $2,500. 

(3) Payments required under paragraph (2) may be made by 

the Secretary concerned in such installments as the Secretary concerned may determine. 

(4) If a participant who is placed under this program leaves the 

employment of the health care provider before the end of the five 

years of required employment service, the provider shall reimburse 

the Secretary concerned in an amount that bears the same ratio to 

the total amount already paid under the agreement as the 

unserved portion bears to the five years of required service. 

(5) The Secretary concerned may not make a grant under this 

subsection to a health care provider if the Secretary concerned determines that the provider terminated the employment of another 

employee in order to fill the vacancy so created with a participant 

in this program. 

(e) AGREEMENTS WITH STATES.—(1) In addition to the agreements referred to in subsection (d)(1), the Secretary of Defense, and 

the Secretary of Homeland Security with respect to the Coast 

Guard, may enter into an agreement directly with a State to allow 

the State to arrange the placement of participants in the program 

with health care providers. Paragraphs (2) through (5) of subsection (d) shall apply with respect to any placement made through 

such an agreement. 

(2) The Secretary concerned may reserve up to 10 percent of 

the funds made available to carry out the program for a fiscal year 

for the placement of participants through agreements entered into 

under paragraph (1). 

(f) DEFINITIONS.—In this section, the term ‘‘State’’ includes the 

District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of 

Puerto Rico, Palau, and the Virgin Islands. 

(Added Pub. L. 103–160, div. A, title XIII, Sec. 1332(b), Nov. 30, 1993, 107 Stat. 1795; amended 

Pub. L. 103–337, div. A, title V, Sec. 543(e), Oct. 5, 1994, 108 Stat. 2771; Pub. L. 107–296, title 

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 
674 

CHAPTER 59—SEPARATION 

Sec. 

1161. Commissioned officers: limitations on dismissal. 

[1162, 1163. Repealed.] 

1164. Warrant officers: separation for age. 

1165. Regular warrant officers: separation during three-year probationary period. 

1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance. 

[1167. Repealed.] 

1168. Discharge or release from active duty: limitations. 

1169. Regular enlisted members: limitations on discharge. 

1170. Regular enlisted members: minority discharge. 

1171. Regular enlisted members: early discharge. 

1172. Enlisted members: during war or emergency; discharge. 

1173. Enlisted members: discharge for hardship. 

1174. Separation pay upon involuntary discharge or release from active duty. 

1174a. Special separation benefits programs. 

1175. Voluntary separation incentive. 

1175a. Voluntary separation pay and benefits. 

1176. Enlisted members: retention after completion of 18 or more, but less than 

20, years of service. 

1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before 

administrative separation. 

1178. System and procedures for tracking separations resulting from refusal to 

participate in anthrax vaccine immunization program. 

§ 1161. Commissioned officers: limitations on dismissal 

(a) No commissioned officer may be dismissed from any armed 

force except— 

(1) by sentence of a general court-martial; 

(2) in commutation of a sentence of a general court-martial; or 

(3) in time of war, by order of the President. 

(b) The President may drop from the rolls of any armed force 

any commissioned officer (1) who has been absent without authority for at least three months, (2) who may be separated under section 1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or (3) who is sentenced to confinement 

in a Federal or State penitentiary or correctional institution after 

having been found guilty of an offense by a court other than a 

court-martial or other military court, and whose sentence has become final. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104–106, div. A, title V, Sec. 563(b)(1), Feb. 10, 

1996, 110 Stat. 325; Pub. L. 104–201, div. A, title X, Sec. 1074(a)(5), Sept. 23, 1996, 110 Stat. 

2658.) 

[§§ 1162, 1163. Repealed Pub. L. 103–337, div. A, title XVI, 

Sec. 1662(i)(2), Oct. 5, 1994, 108 Stat. 2998] 
675 § 1166 CH. 59—SEPARATION 

§ 1164. Warrant officers: separation for age 

(a) Unless retired or separated on or before the expiration of 

that period, each warrant officer shall be retired or separated from 

his armed force not later than 60 days after the date when he becomes 62 years of age, except as provided by section 8301 of title 

5. 

(b) The Secretary concerned may defer, for not more than four 

months, the separation under subsection (a) of any warrant officer 

if, because of unavoidable circumstances, evaluation of his physical 

condition and determination of his entitlement to retirement or 

separation for physical disability require hospitalization or medical 

observation that cannot be completed before the date when he 

would otherwise be required to be retired or separated under this 

section. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 89–718, Sec. 3, Nov. 2, 1966, 80 Stat. 1115; Pub. 

L. 90–130, Sec. 1(5), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, Sec. 511(41), Dec. 12, 

1980, 94 Stat. 2923; Pub. L. 97–295, Sec. 1(16), Oct. 12, 1982, 96 Stat. 1290.) 

§ 1165. Regular warrant officers: separation during threeyear probationary period 

The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within 

three years after the date when the officer accepted his original 

permanent appointment as a warrant officer in that component. A 

warrant officer who is separated under this section is entitled, if 

eligible therefor, to separation pay under section 1174 or he may 

be enlisted under section 515 of this title. If such a warrant officer 

is enlisted under section 515 of this title, he is not entitled to separation pay. 

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

94 Stat. 2870.) 

§ 1166. Regular warrant officers: elimination for unfitness 

or unsatisfactory performance 

(a) Under such regulations as the Secretary concerned may 

prescribe, and subject to the recommendations of a board of officers 

or a selection board under section 576 of this title, a permanent 

regular warrant officer who is eligible for retirement under any 

provision of law shall be retired under that law if his records and 

reports establish his unfitness or unsatisfactory performance of 

duty. If he is not eligible for retirement under any provision of law, 

but since the date when he accepted his original permanent appointment as a regular warrant officer he has at least three years 

of active service that could be credited to him under section 511 of 

the Career Compensation Act of 1949, as amended (70 Stat. 114), 

he shall, if eligible therefor, be separated with separation pay 

under section 1174 of this title or severance pay under section 286a 

of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under section 515 of 

this title. If he does not have three years of such service, he shall 

be separated under section 1165 of this title. 

(b) The Secretary concerned may defer, for not more than four 

months, the retirement or separation under subsection (a) of any 

warrant officer if, because of unavoidable circumstances, evaluation 
§ 1167 CH. 59—SEPARATION 676 

of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the 

date when he would otherwise be required to be retired or separated under this section. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, Sec. 6(f)(3), Sept. 7, 1962, 76 Stat. 494; 

Pub. L. 96–513, title I, Sec. 109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, 

title XI, Sec. 1131(5), Dec. 5, 1991, 105 Stat. 1506.) 

§ 1167. Members under confinement by sentence of courtmartial: separation after six months confinement 

Except as otherwise provided in regulations prescribed by the 

Secretary of Defense, a member sentenced by a court-martial to a 

period of confinement for more than six months may be separated 

from the member’s armed force at any time after the sentence to 

confinement has become final under chapter 47 of this title and the 

member has served in confinement for a period of six months. 

(Added Pub. L. 104–106, div. A, title V, Sec. 563(a)(1)(A), Feb. 10, 1996, 110 Stat. 325; amended 

Pub. L. 104–201, div. A, title X, Sec. 1074(a)(6), Sept. 23, 1996, 110 Stat. 2659.) 

§ 1168. Discharge or release from active duty: limitations 

(a) A member of an armed force may not be discharged or released from active duty until his discharge certificate or certificate 

of release from active duty, respectively, and his final pay or a substantial part of that pay, are ready for delivery to him or his next 

of kin or legal representative. 

(b) This section does not prevent the immediate transfer of a 

member to a facility of the Department of Veterans Affairs for necessary hospital care. 

(Added Pub. L. 87–651, title I, Sec. 106(b), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 101– 

189, div. A, title XVI, Sec. 1621(a)(4), Nov. 29, 1989, 103 Stat. 1603.) 

§ 1169. Regular enlisted members: limitations on discharge 

No regular enlisted member of an armed force may be discharged before his term of service expires, except— 

(1) as prescribed by the Secretary concerned; 

(2) by sentence of a general or special court martial; or 

(3) as otherwise provided by law. 

(Added Pub. L. 90–235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.) 

§ 1170. Regular enlisted members: minority discharge 

Upon application by the parents or guardian of a regular enlisted member of an armed force to the Secretary concerned within 

90 days after the member’s enlistment, the member shall be discharged for his own convenience, with the pay and form of discharge certificate to which his service entitles him, if— 

(1) there is evidence satisfactory to the Secretary concerned that the member is under eighteen years of age; and 

(2) the member enlisted without the written consent of his 

parent or guardian. 

(Added Pub. L. 90–235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.) 
677 § 1174 CH. 59—SEPARATION 

§ 1171. Regular enlisted members: early discharge 

Under regulations prescribed by the Secretary concerned and 

approved by the President, any regular enlisted member of an 

armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A 

discharge under this section does not affect any right, privilege, or 

benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served. 

(Added Pub. L. 90–235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.) 

§ 1172. Enlisted members: during war or emergency; discharge 

A person enlisted under section 518 of this title may be discharged at any time by the President, or otherwise according to 

law. 

(Added Pub. L. 90–235, Sec. 3(a)(1)(A), Jan. 2, 1968, 81 Stat. 757.) 

§ 1173. Enlisted members: discharge for hardship 

Under regulations prescribed by the Secretary concerned, a 

regular enlisted member of an armed force who has dependents 

may be discharged for hardship. 

(Added Pub. L. 93–64, title I, Sec. 102, July 9, 1973, 87 Stat. 147.) 

§ 1174. Separation pay upon involuntary discharge or release from active duty 

(a) REGULAR OFFICERS.—(1) A regular officer who is discharged 

under chapter 36 of this title (except under section 630(1)(A) or 643 

of such chapter) or under section 580 or 6383 of this title and who 

has completed six or more, but less than twenty, years of active 

service immediately before that discharge is entitled to separation 

pay computed under subsection (d)(1). 

(2) A regular commissioned officer of the Army, Navy, Air 

Force, or Marine Corps who is discharged under section 630(1)(A), 

643, or 1186 of this title, and a regular warrant officer of the Army, 

Navy, Air Force, or Marine Corps who is separated under section 

1165 or 1166 of this title, who has completed six or more, but less 

than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under 

subsection (d)(1) or (d)(2), as determined by the Secretary of the 

military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged 

or separated do not warrant payment of such pay. 

(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice 

failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of 

those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing 

not to be selected for promotion or who otherwise directly caused 

his nonselection through written communication to the Board 

under section 614(b) of this title. 
§ 1174 CH. 59—SEPARATION 678 

(4) Notwithstanding paragraphs (1) and (2), an officer who is 

subject to discharge under any provision of chapter 36 of this title 

or under section 580 or 6383 of this title by reason of having twice 

failed of selection for promotion to the next higher grade is not entitled to separation pay under this section if that officer, after such 

second failure of selection for promotion, is selected for, and declines, continuation on active duty for a period that is equal to or 

more than the amount of service required to qualify the officer for 

retirement. 

(b) REGULAR ENLISTED MEMBERS.—(1) A regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has 

completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged 

do not warrant payment of such pay. 

(2) Separation pay of an enlisted member shall be computed 

under paragraph (1) of subsection (d), except that such pay shall 

be computed under paragraph (2) of such subsection in the case of 

a member who is discharged under criteria prescribed by the Secretary of Defense. 

(c) OTHER MEMBERS.—(1) Except as provided in paragraphs (2) 

and (3), a member of an armed force other than a regular member 

who is discharged or released from active duty and who has completed six or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay 

computed under subsection (d)(1) or (d)(2), as determined by the 

Secretary concerned, if— 

(A) the member’s discharge or release from active duty is 

involuntary; or 

(B) the member was not accepted for an additional tour of 

active duty for which he volunteered. 

(2) If the Secretary concerned determines that the conditions 

under which a member described in paragraph (1) is discharged or 

separated do not warrant separation pay under this section, that 

member is not entitled to that pay. 

(3) A member described in paragraph (1) who was not on the 

active-duty list when discharged or separated is not entitled to separation pay under this section unless such member had completed 

at least six years of continuous active duty immediately before such 

discharge or release. For purposes of this paragraph, a period of active duty is continuous if it is not interrupted by a break in service 

of more than 30 days. 

(4) In the case of an officer who is subject to discharge or release from active duty under a law or regulation requiring that an 

officer who has failed of selection for promotion to the next higher 

grade for the second time be discharged or released from active 

duty and who, after such second failure of selection for promotion, 

is selected for, and declines, continuation on active duty— 

(A) if the period of time for which the officer was selected 

for continuation on active duty is less than the amount of service that would be required to qualify the officer for retirement, 
679 § 1174 CH. 59—SEPARATION 

the officer’s discharge or release from active duty shall be considered to be involuntary for purposes of paragraph (1)(A); and 

(B) if the period of time for which the officer was selected 

for continuation on active duty is equal to or more than the 

amount of service that would be required to qualify the officer 

for retirement, the officer’s discharge or release from active 

duty shall not be considered to be involuntary for the purposes 

of paragraph (1)(A). 

(d) AMOUNT OF SEPARATION PAY.—The amount of separation 

pay which may be paid to a member under this section is— 

(1) 10 percent of the product of (A) his years of active service, and (B) 12 times the monthly basic pay to which he was 

entitled at the time of his discharge or release from active 

duty; or 

(2) one-half of the amount computed under clause (1). 

(e) REQUIREMENT FOR SERVICE IN READY RESERVE; EXCEPTIONS

TO ELIGIBILITY.—(1)(A) As a condition of receiving separation pay 

under this section, a person otherwise eligible for that pay shall be 

required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for 

a period of not less than three years following the person’s discharge or release from active duty. If the person has a service obligation under section 651 of this title or under any other provision 

of law that is not completed at the time the person is discharged 

or released from active duty, the three-year obligation under this 

subsection shall begin on the day after the date on which the person completes the person’s obligation under such section or other 

provision of law. 

(B) Each person who enters into an agreement referred to in 

subparagraph (A) who is not already a Reserve of an armed force 

and who is qualified shall, upon such person’s discharge or release 

from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component. 

(2) A member who is discharged or released from active duty 

is not eligible for separation pay under this section if the member— 

(A) is discharged or released from active duty at his request; 

(B) is discharged or released from active duty during an 

initial term of enlistment or an initial period of obligated service, unless the member is an officer discharged or released 

under the authority of section 647 of this title; 

(C) is released from active duty for training; or 

(D) upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military 

service. 

(f) COUNTING FRACTIONAL YEARS OF SERVICE.—In determining 

a member’s years of active service for the purpose of computing 

separation pay under this section, each full month of service that 

is in addition to the number of full years of service creditable to 

the member is counted as one-twelfth of a year and any remaining 

fractional part of a month is disregarded. 

(g) COORDINATION WITH OTHER SEPARATION OR SEVERANCE

PAY BENEFITS.—A period for which a member has previously received separation pay under this section or severance pay or read-
§ 1174 CH. 59—SEPARATION 680 

justment pay under any other provision of law based on service in 

the armed forces may not be included in determining the years of 

service that may be counted in computing the separation pay of the 

member under this section. 

(h) COORDINATION WITH RETIRED OR RETAINER PAY AND DIS- ABILITY COMPENSATION.—(1) A member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service 

in the armed forces, and who later qualifies for retired or retainer 

pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule 

of monthly installments as the Secretary of Defense shall specify, 

taking into account the financial ability of the member to pay and 

avoiding the imposition of undue financial hardship on the member 

and member’s dependents, until the total amount deducted is equal 

to the total amount of separation pay, severance pay, and readjustment pay so paid. 

(2) A member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces shall not be deprived, by reason of his receipt of such separation pay, severance 

pay, or readjustment pay, of any disability compensation to which 

he is entitled under the laws administered by the Department of 

Veterans Affairs, but there shall be deducted from that disability 

compensation an amount equal to the total amount of separation 

pay, severance pay, and readjustment pay received, less the 

amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax 

withholding, as in effect pursuant to regulations prescribed under 

chapter 24 of the Internal Revenue Code of 1986). Notwithstanding 

the preceding sentence, no deduction may be made from disability 

compensation for the amount of any separation pay, severance pay, 

or readjustment pay received because of an earlier discharge or release from a period of active duty if the disability which is the 

basis for that disability compensation was incurred or aggravated 

during a later period of active duty. 

(i) SPECIAL RULE FOR MEMBERS RECEIVING SOLE SURVIVORSHIP

DISCHARGE.—(1) A member of the armed forces who receives a sole 

survivorship discharge shall be entitled to separation pay under 

this section even though the member has completed less than six 

years of active service immediately before that discharge. Subsection (e) shall not apply to a member who receives a sole survivorship discharge. 

(2) The amount of the separation pay to be paid to a member 

pursuant to this subsection shall be based on the years of active 

service actually completed by the member before the member’s sole 

survivorship discharge. 

(3) In this subsection, the term ‘‘sole survivorship discharge’’ 

means the separation of a member from the armed forces, at the 

request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only 

surviving child in a family in which— 

(A) the father or mother or one or more siblings— 

(i) served in the armed forces; and 
681 § 1174a CH. 59—SEPARATION 

(ii) was killed, died as a result of wounds, accident, or 

disease, is in a captured or missing in action status, or is 

permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the 

disability or hospitalization); and 

(B) the death, status, or disability did not result from the 

intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence. 

(j) REGULATIONS; CREDITING OF OTHER COMMISSIONED SERVICE.—(1) The Secretary of Defense shall prescribe regulations, 

which shall be uniform for the Army, Navy, Air Force, and Marine 

Corps, for the administration of this section. 

(2) Active commissioned service in the National Oceanic and 

Atmospheric Administration or the Public Health Service shall be 

credited as active service in the armed forces for the purposes of 

this section. 

(Added Pub. L. 96–513, title I, Sec. 109(c), Dec. 12, 1980, 94 Stat. 2870; amended Pub. L. 97– 

22, Sec. 10(b)(10)(A), July 10, 1981, 95 Stat. 137; Pub. L. 98–94, title IX, Sec. 911(a), (b), 923(b), 

title X, Sec. 1007(c)(2), Sept. 24, 1983, 97 Stat. 639, 640, 643, 662; Pub. L. 98–498, title III, 

Sec. 320(a)(2), Oct. 19, 1984, 98 Stat. 2308; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), 

Nov. 29, 1989, 103 Stat. 1602; Pub. L. 101–510, div. A, title V, Sec. 501(a)–(d), (g), (h), Nov. 

5, 1990, 104 Stat. 1549–1551; Pub. L. 102–190, div. A, title XI, Sec. 1131(6), Dec. 5, 1991, 105 

Stat. 1506; Pub. L. 103–160, div. A, title V, Sec. 501(a), Nov. 30, 1993, 107 Stat. 1644; Pub. 

L. 103–337, div. A, title V, Sec. 560(c), Oct. 5, 1994, 108 Stat. 2778; Pub. L. 104–201, div. A, 

title VI, Sec. 653(a), Sept. 23, 1996, 110 Stat. 2583; Pub. L. 105–85, div. A, title X, Sec. 

1073(a)(22), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title V, Sec. 502(a), Oct. 

17, 1998, 112 Stat. 2003; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 508(a), (b)], Oct. 30, 

2000, 114 Stat. 1654, 1654A–107; Pub. L. 108–375, div. A, title V, Sec. 501(c)(2), Oct. 28, 2004, 

118 Stat. 1874; Pub. L. 110–317, Sec. 3, Aug. 29, 2008, 122 Stat. 3527; Pub. L. 111–32, title 

III, Sec. 318(a), June 24, 2009, 123 Stat. 1873; Pub. L. 111–383, div. A, title X, Sec. 1075(b)(17), 

Jan. 7, 2011, 124 Stat. 4370.) 

§ 1174a. Special separation benefits programs 

(a) REQUIREMENT FOR PROGRAMS.—The Secretary concerned 

shall carry out a special separation benefits program under this 

section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary. 

(b) BENEFITS.—Upon the approval of the request of an eligible 

member, the member shall— 

(1) be released from active duty or full-time National 

Guard duty or discharged, as the case may be; and 

(2) be entitled to— 

(A) separation pay equal to 15 percent of the product 

of (i) the member’s years of active service, and (ii) 12 times 

the monthly basic pay to which the member is entitled at 

the time of his discharge or release from active duty; and 

(B) the same benefits and services as are provided 

under chapter 58 of this title, sections 404 and 406 of title 

37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; 37 U.S.C. 

406 note) for members of the armed forces who are involuntarily separated within the meaning of section 1141 of 

this title. 

(c) ELIGIBILITY.—Subject to subsections (d) and (e), a member 

of an armed force is eligible for voluntary separation under a pro-
§ 1174a CH. 59—SEPARATION 682 

gram established for that armed force pursuant to this section if 

the member— 

(1) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; 

(2) has served on active duty or full-time National Guard 

duty or any combination of active duty and full-time National 

Guard duty for more than 6 years; 

(3) has served on active duty or full-time National Guard 

duty or any combination of active duty and full-time National 

Guard duty for not more than 20 years; 

(4) has served at least 5 years of continuous active duty or 

full-time National Guard duty or any combination of active 

duty and full-time National Guard duty immediately preceding 

the date of the member’s separation from active duty; and 

(5) meets such other requirements as the Secretary may 

prescribe, which may include requirements relating to— 

(A) years of service; 

(B) skill or rating; 

(C) grade or rank; and 

(D) remaining period of obligated service. 

(d) PROGRAM APPLICABILITY.—The Secretary concerned may 

provide for the program under this section to apply to any of the 

following members: 

(1) A regular officer or warrant officer of an armed force. 

(2) A regular enlisted member of an armed force. 

(3) A member of an armed force other than a regular member. 

(e) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE.—(1) 

Subject to paragraphs (2) and (3), the Secretary concerned may 

limit the applicability of a program under this section to any category of personnel defined by the Secretary in order to meet a need 

of the armed force under the Secretary’s jurisdiction to reduce the 

number of members in certain grades, the number of members who 

have completed a certain number of years of active service, or the 

number of members who possess certain military skills or are serving in designated competitive categories. 

(2) Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant 

to paragraph (1) shall be consistent with the categories applicable 

to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under 

section 1175 of this title or any other program established by law 

or by that Secretary for the involuntary separation of such members in the administration of a reduction in force. 

(3) A member of the armed forces offered a voluntary separation incentive under section 1175 of this title shall also be offered 

the opportunity to request separation under a program established 

pursuant to this section. If the Secretary concerned approves a request for separation under either such section, the member shall 

be separated under the authority of the section selected by such 

member. 

(f) APPLICATION REQUIREMENTS.—(1) In order to be separated 

under a program established pursuant to this section— 
683 § 1175 CH. 59—SEPARATION 

(A) a regular enlisted member eligible for separation under 

that program shall— 

(i) submit a request for separation under the program 

before the expiration of the member’s term of enlistment; 

or 

(ii) upon discharge at the end of such term, enter into 

a written agreement (pursuant to regulations prescribed 

by the Secretary concerned) not to request reenlistment in 

a regular component; and 

(B) a member referred to in subsection (d)(3) eligible for 

separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the 

member’s established term of active service. 

(2) For purposes of this section, the entry of a member into an 

agreement referred to in paragraph (1)(A)(ii) under a program established pursuant to this section shall be considered a request for 

separation under the program. 

(g) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE

PROVISIONS.—Subsections (e) through (h), other than subsection 

(e)(2)(A), of section 1174 of this title shall apply in the administration of programs established under this section. 

(h) TERMINATION OF PROGRAM.—(1) Except as provided in 

paragraph (2), the Secretary concerned may not conduct a program 

pursuant to this section after December 31, 2001. 

(2) No member of the armed forces may be separated under a 

program established pursuant to this section after the date of the 

termination of that program. 

(Added Pub. L. 102–190, div. A, title VI, Sec. 661(a)(1), Dec. 5, 1991, 105 Stat. 1394; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(15), div. D, title XLIV, Sec. 4405(a), 4422(a), Oct. 

23, 1992, 106 Stat. 2499, 2706, 2718; Pub. L. 103–35, title II, Sec. 202(a)(17), May 31, 1993, 

107 Stat. 102; Pub. L. 103–160, div. A, title V, Sec. 502, 561(g), Nov. 30, 1993, 107 Stat. 1644, 

1668; Pub. L. 103–337, div. A, title V, Sec. 542(b), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105– 

261, div. A, title V, Sec. 561(b), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106–398, Sec. 1 [[div. 

A], title V, Sec. 571(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–134.) 

§ 1175. Voluntary separation incentive 

(a)(1) Consistent with this section and the availability of appropriations for this purpose, the Secretary of Defense and the Secretary of Homeland Security may provide a financial incentive to 

members of the armed forces described in subsection (b) for voluntary appointment, enlistment, or transfer to a reserve component, requested and approved under subsection (c). 

(2)(A) Except as provided in subparagraph (B), a financial incentive provided a member under this section shall be paid for the 

period equal to twice the number of years of service of the member, 

computed as provided in subsection (e)(5). 

(B) If, before the expiration of the period otherwise applicable 

under subparagraph (A) to a member receiving a financial incentive under this section, the member is separated from a reserve 

component or is transferred to the Retired Reserve, the period for 

payment of a financial incentive to the member under this section 

shall terminate on the date of the separation or transfer unless— 

(i) the separation or transfer is required by reason of the 

age or number of years of service of the member; 

(ii) the separation or transfer is required by reason of the 

failure of selection for promotion or the medical disqualification 
§ 1175 CH. 59—SEPARATION 684 

of the member, except in a case in which the Secretary of Defense or the Secretary of Homeland Security determines that 

the basis for the separation or transfer is a result of a deliberate action taken by the member with the intent to avoid retention in the Ready Reserve or Standby Reserve; or 

(iii) in the case of a separation, the member is separated 

from the reserve component for appointment or enlistment in 

or transfer to another reserve component of an armed force for 

service in the Ready Reserve or Standby Reserve of that armed 

force. 

(b) The Secretary of Defense and the Secretary of Homeland 

Security may provide the incentive to a member of the armed 

forces if the member— 

(1) has served on active duty or full-time National Guard 

duty or any combination of active duty and full-time National 

Guard duty for more than 6 but less than 20 years; 

(2) has served at least 5 years of continuous active duty or 

full-time National Guard duty or any combination of active 

duty and full-time National Guard duty immediately preceding 

the date of separation; 

(3) meets such other requirements as the Secretary may 

prescribe from time to time, which may include requirements 

relating to— 

(A) years of service; 

(B) skill or rating; 

(C) grade or rank; and 

(D) remaining period of obligated service. 

(c) A member of the armed forces offered a voluntary separation incentive under this section shall be offered the opportunity to 

request separation under a program established pursuant to section 1174a of this title. If the Secretary concerned approves a request for separation under either such section, the member shall 

be separated under the authority of the section selected by such 

member. 

(d)(1) A member of the armed forces described in subsection (b) 

may request voluntary appointment, enlistment, or transfer to a reserve component accompanied by this incentive, provided the member has completed 6 years of active service. 

(2) The Secretary, in his discretion, may approve or disapprove 

a request according to the needs of the armed forces. 

(3) After December 31, 2001, the Secretary may not approve a 

request. 

(e)(1) The annual payment of the incentive shall equal 2.5 percent of the monthly basic pay the member receives on the date appointed, enlisted, or transferred to the reserve component, multiplied by twelve and multiplied again by the member’s years of service. 

(2) A member entitled to voluntary separation incentive payments who is also entitled to basic pay for active or reserve service, 

or compensation for inactive duty training, may elect to have a reduction in the voluntary separation incentive payable for the same 

period in an amount not to exceed the amount of the basic pay or 

compensation received for that period. 
685 § 1175 CH. 59—SEPARATION 

(3)(A) A member who has received the voluntary separation incentive and who later qualifies for retired or retainer pay under 

this title shall have deducted from each payment of such retired or 

retainer pay an amount, in such schedule of monthly installments 

as the Secretary of Defense shall specify, taking into account the 

financial ability of the member to pay and avoiding the imposition 

of undue financial hardship on the member and member’s dependents, until the total amount deducted is equal to the total amount 

of voluntary separation incentive so paid. If the member elected to 

have a reduction in voluntary separation incentive for any period 

pursuant to paragraph (2), the deduction required under the preceding sentence shall be reduced as the Secretary of Defense shall 

specify. 

(B) If a member is receiving simultaneous voluntary separation 

incentive payments and retired or retainer pay, the member may 

elect to terminate the receipt of voluntary separation incentive payments. Any such election is permanent and irrevocable. The rate of 

monthly recoupment from retired or retainer pay of voluntary separation incentive payments received after such an election shall be 

reduced by a percentage that is equal to a fraction with a denominator equal to the number of months that the voluntary separation 

incentive payments were scheduled to be paid and a numerator 

equal to the number of months that would not be paid as a result 

of the member’s decision to terminate the voluntary separation incentive. 

(4) A member who is receiving voluntary separation incentive 

payments shall not be deprived of this incentive by reason of entitlement to disability compensation under the laws administered by 

the Department of Veterans Affairs, but there shall be deducted 

from voluntary separation incentive payments an amount equal to 

the amount of any such disability compensation concurrently received. Notwithstanding the preceding sentence, no deduction may 

be made from voluntary separation incentive payments for any disability compensation received because of an earlier period of active 

duty if the voluntary separation incentive is received because of 

discharge or release from a later period of active duty. 

(5) The years of service of a member for purposes of this section shall be computed in accordance with section 1405 of this title. 

(f) The member’s right to incentive payments shall not be 

transferable, except that the member may designate beneficiaries 

to receive the payments in the event of the member’s death. 

(g) Subject to subsection (h), payments under this provision 

shall be paid from appropriations available to the Department of 

Defense and the Department of Homeland Security for the Coast 

Guard. 

(h)(1) There is established on the books of the Treasury a fund 

to be known as the ‘‘Voluntary Separation Incentive Fund’’ (hereinafter in this subsection referred to as the ‘‘Fund’’). The Fund shall 

be administered by the Secretary of the Treasury. The Fund shall 

be used for the accumulation of funds in order to finance on an actuarially sound basis the liabilities of the Department of Defense 

under this section. 

(2) There shall be deposited in the Fund the following, which 

shall constitute the assets of the Fund: 
§ 1175 CH. 59—SEPARATION 686 

(A) Amounts paid into the Fund under paragraphs (5), (6), 

and (7). 

(B) Any amount appropriated to the Fund. 

(C) Any return on investment of the assets of the Fund. 

(3) All voluntary separation incentive payments made by the 

Secretary of Defense after December 31, 1992, under this section 

shall be paid out of the Fund. To the extent provided in appropriation Acts, the assets of the Fund shall be available to the Secretary 

to pay voluntary separation incentives under this section. 

(4) The Department of Defense Board of Actuaries (hereinafter 

in this subsection referred to as the ‘‘Board’’) shall perform the 

same functions regarding the Fund, as provided in this subsection, 

as such Board performs regarding the Department of Defense Military Retirement Fund. 

(5) Not later than January 1, 1993, the Board shall determine 

the amount that is the present value, as of that date, of the future 

benefits payable under this section in the case of persons who are 

separated pursuant to this section before that date. The amount so 

determined is the original unfunded liability of the Fund. The 

Board shall determine an appropriate amortization period and 

schedule for liquidation of the original unfunded liability. The Secretary shall make deposits to the Fund in accordance with that amortization schedule. 

(6) For persons separated under this section on or after January 1, 1993, the Secretary shall deposit in the Fund during the period beginning on that date and ending on September 30, 1999— 

(A) such sums as are necessary to pay the current liabilities under this section during such period; and 

(B) the amount equal to the present value, as of September 

30, 1999, of the future benefits payable under this section, as 

determined by the Board. 

(7)(A) For each fiscal year after fiscal year 1999, the Board 

shall— 

(i) carry out an actuarial valuation of the Fund and determine any unfunded liability of the Fund which deposits under 

paragraphs (5) and (6) do not liquidate, taking into consideration any cumulative actuarial gain or loss to the Fund; 

(ii) determine the period over which that unfunded liability 

should be liquidated; and 

(iii) determine for the following fiscal year, the total 

amount, and the monthly amount, of the Department of Defense contributions that must be made to the Fund during that 

fiscal year in order to fund the unfunded liabilities of the Fund 

over the applicable amortization periods. 

(B) The Board shall carry out its responsibilities for each fiscal 

year in sufficient time for the amounts referred to in subparagraph 

(A)(iii) to be included in budget requests for that fiscal year. 

(C) The Secretary of Defense shall pay into the Fund at the 

end of each month as the Department of Defense contribution to 

the Fund the amount necessary to liquidate unfunded liabilities of 

the Fund in accordance with the amortization schedules determined by the Board. 

(8) Amounts paid into the Fund under this subsection shall be 

paid from funds available for the pay of members of the armed 
687 § 1175a CH. 59—SEPARATION 

forces under the jurisdiction of the Secretary of each military department. 

(9) The investment provisions of section 1467 of this title shall 

apply to the Voluntary Separation Incentive Fund. 

(i) The Secretary of Defense and the Secretary of Homeland Security may issue such regulations as may be necessary to carry out 

this section. 

(j) A member of the armed forces who is provided a voluntary 

separation incentive under this section shall be eligible for the 

same benefits and services as are provided under chapter 58 of this 

title, sections 404 and 406 of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 

1558; 37 U.S.C. 406 note) for members of the armed forces who are 

involuntarily separated within the meaning of section 1141 of this 

title. 

(Added Pub. L. 102–190, div. A, title VI, Sec. 662(a)(1), Dec. 5, 1991, 105 Stat. 1396; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(16), div. D, title XLIV, Sec. 4405(b), 4406(a), (b), 

4422(b), Oct. 23, 1992, 106 Stat. 2499, 2706, 2707, 2719; Pub. L. 103–160, div. A, title V, Sec. 

502, 561(h), Nov. 30, 1993, 107 Stat. 1644, 1668; Pub. L. 103–337, div. A, title V, Sec. 542(c), 

Oct. 5, 1994, 108 Stat. 2769; Pub. L. 105–261, div. A, title V, Secs. 561(b), 563(a), (b), Oct. 17, 

1998, 112 Stat. 2025, 2028; Pub. L. 106–398, Sec. 1[[div. A], title V, Secs. 571(b), 572(a)], Oct. 

30, 2000, 114 Stat. 1654, 1654A–134, 1654A–135; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), 

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title IX, Sec. 906(c)(1), Jan. 28, 2008, 

122 Stat. 277; Pub. L. 111–32, title III, Sec. 318(b), June 24, 2009, 123 Stat. 1874.) 

§ 1175a. Voluntary separation pay and benefits 

(a) IN GENERAL.—Under regulations approved by the Secretary 

of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible 

members of the armed forces who are voluntarily separated from 

active duty in the armed forces. 

(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph 

(2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member— 

(A) has served on active duty for more than 6 years but 

not more than 20 years; 

(B) has served at least 5 years of continuous active duty 

immediately preceding the date of the member’s separation 

from active duty; 

(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; 

(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to— 

(i) years of service, skill, rating, military specialty, or 

competitive category; 

(ii) grade or rank; 

(iii) remaining period of obligated service; or 

(iv) any combination of these factors; and 

(E) requests separation from active duty. 

(2) The following members are not eligible for voluntary separation pay and benefits under this section: 

(A) Members discharged with disability severance pay 

under section 1212 of this title. 

(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title. 
§ 1175a CH. 59—SEPARATION 688 

(C) Members being evaluated for disability retirement 

under chapter 61 of this title. 

(D) Members who have been previously discharged with 

voluntary separation pay. 

(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations. 

(3) The Secretary concerned shall determine each year the 

number of members to be separated, and provided separation pay 

and benefits, under this section during the fiscal year beginning in 

such year. 

(c) SEPARATION.—Each eligible member of the armed forces 

whose request for separation from active duty under subsection 

(b)(1)(E) is approved shall be separated from active duty. 

(d) ADDITIONAL SERVICE IN READY RESERVE.—Of the number of 

members of the armed forces to be separated from active duty in 

a fiscal year, as determined under subsection (b)(3), the Secretary 

concerned shall determine a number of such members, in such skill 

and grade combinations as the Secretary concerned shall designate, 

who shall serve in the Ready Reserve, after separation from active 

duty, for a period of not less than three years, as a condition of the 

receipt of voluntary separation pay and benefits under this section. 

(e) SEPARATION PAY AND BENEFITS.—(1) A member of the 

armed forces who is separated from active duty under subsection 

(c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned 

pursuant to subsection (f). 

(2) A member who is not entitled to retired or retainer pay 

upon separation shall be entitled to the benefits and services provided under— 

(A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding 

any termination date for such benefits and services otherwise 

applicable under the provisions of such chapter); and 

(B) sections 404 and 406 of title 37. 

(f) COMPUTATION OF VOLUNTARY SEPARATION PAY.—The Secretary concerned shall specify the amount of voluntary separation 

pay that an individual or defined group of members of the armed 

forces may be paid under subsection (e)(1). No member may receive 

as voluntary separation pay an amount greater than four times the 

full amount of separation pay for a member of the same pay grade 

and years of service who is involuntarily separated under section 

1174 of this title. 

(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—(1) Voluntary 

separation pay under this section may be paid in a single lump 

sum. 

(2) In the case of a member of the armed forces who, at the 

time of separation under subsection (c), has completed at least 15 

years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned, 

in— 

(A) a single lump sum; 

(B) installments over a period not to exceed 10 years; or 

(C) a combination of lump sum and such installments. 
689 § 1175a CH. 59—SEPARATION 

(h) COORDINATION WITH RETIRED OR RETAINER PAY AND DISABILITY COMPENSATION.—(1) A member who is paid voluntary separation pay under this section and who later qualifies for retired or 

retainer pay under this title or title 14 shall have deducted from 

each payment of such retired or retainer pay an amount, in such 

schedule of monthly installments as the Secretary concerned shall 

specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay 

so paid. 

(2)(A) Except as provided in subparagraphs (B) and (C), a 

member who is paid voluntary separation pay under this section 

shall not be deprived, by reason of the member’s receipt of such 

pay, of any disability compensation to which the member is entitled 

under the laws administered by the Secretary of Veterans Affairs, 

but there shall be deducted from such disability compensation an 

amount, in such schedule of monthly installments as the Secretary 

concerned shall specify, until the total amount deducted from such 

disability compensation is equal to the total amount of voluntary 

separation pay so paid, less the amount of Federal income tax 

withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). 

(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under 

section 1413, or to an eligible combat-related disabled uniformed 

services retiree under section 1413a of this title, who is paid voluntary separation pay under this section. 

(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay 

received by the member because of an earlier discharge or release 

from a period of active duty if the disability which is the basis for 

that disability compensation was incurred or aggravated during a 

later period of active duty. 

(3) The requirement under this subsection to repay voluntary 

separation pay following retirement from the armed forces does not 

apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and 

benefits under this section. 

(4) The Secretary concerned may waive the requirement to 

repay voluntary separation pay under paragraphs (1) and (2) if the 

Secretary determines that recovery would be against equity and 

good conscience or would be contrary to the best interests of the 

United States. 

(i) RETIREMENT DEFINED.—In this section, the term ‘‘retirement’’ includes a transfer to the Fleet Reserve or Fleet Marine 

Corps Reserve. 

(j) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY.— 

(1) Except as provided in paragraphs (2) and (3), a member of the 

armed forces who, after having received all or part of voluntary 

separation pay under this section, returns to active duty shall have 

deducted from each payment of basic pay, in such schedule of 

monthly installments as the Secretary concerned shall specify, 
§ 1176 CH. 59—SEPARATION 690 

until the total amount deducted from such basic pay equals the 

total amount of voluntary separation pay received. 

(2) Members who are involuntarily recalled to active duty or 

full-time National Guard duty in accordance with section 12301(a), 

12301(b), 12301(g), 12302, 12303, or 12304 of this title or section 

502(f)(1) of title 32 shall not be subject to this subsection. 

(3) Members who are recalled or perform active duty or fulltime National Guard duty in accordance with section 101(d)(1), 

101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less 

than 180 consecutive days with the consent of the member), 12319, 

or 12503 of this title, or section 114, 115, or 502(f)(2) of title 32 (insofar as the period served is less than 180 consecutive days with 

consent of the member), shall not be subject to this subsection. 

(4) The Secretary of Defense may waive, in whole or in part, 

repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience 

or would be contrary to the best interests of the United States. The 

authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal 

Deputy Undersecretary of Defense for Personnel and Readiness. 

(k) TERMINATION OF AUTHORITY.—(1) The authority to separate 

a member of the armed forces from active duty under subsection 

(c) shall terminate on December 31, 2012. 

(2) A member who separates by the date specified in paragraph 

(1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire 

amount of pay and benefits to which the member is entitled under 

this section. 

(Added Pub. L. 109–163, div. A, title VI, Sec. 643(a)(1), Jan. 6, 2006, 119 Stat. 3306; amended 

Pub. L. 109–364, div. A, title VI, Sec. 623(a)(1), (2), Oct. 17, 2006, 120 Stat. 2256; Pub. L. 111– 

84, div. A, title X, Sec. 1073(a)(14), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 111–383, div. A, title 

X, Sec. 1075(b)(18), Jan. 7, 2011, 124 Stat. 4370.) 

§ 1176. Enlisted members: retention after completion of 18 

or more, but less than 20, years of service 

(a) REGULAR MEMBERS.—A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment 

expires and who is denied reenlistment, and who on the date on 

which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of 

qualifying for transfer to the Fleet Reserve or Fleet Marine Corps 

Reserve under section 6330 of this title, shall be retained on active 

duty until the member is qualified for retirement or transfer to the 

Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, 

unless the member is sooner retired or discharged under any other 

provision of law. 

(b) RESERVE MEMBERS IN ACTIVE STATUS.—A reserve enlisted 

member serving in an active status who is selected to be involuntarily separated (other than for physical disability or for cause), or 

whose term of enlistment expires and who is denied reenlistment 

(other than for physical disability or for cause), and who on the 

date on which the member is to be discharged or transferred from 

an active status is entitled to be credited with at least 18 but less 

than 20 years of service computed under section 12732 of this title, 

may not be discharged, denied reenlistment, or transferred from an 
691 § 1177 CH. 59—SEPARATION 

active status without the member’s consent before the earlier of the 

following: 

(1) If as of the date on which the member is to be discharged or transferred from an active status the member has 

at least 18, but less than 19, years of service computed under 

section 12732 of this title— 

(A) the date on which the member is entitled to be 

credited with 20 years of service computed under section 

12732 of this title; or 

(B) the third anniversary of the date on which the 

member would otherwise be discharged or transferred 

from an active status. 

(2) If as of the date on which the member is to be discharged or transferred from an active status the member has 

at least 19, but less than 20, years of service computed under 

section 12732 of this title— 

(A) the date on which the member is entitled to be 

credited with 20 years of service computed under section 

12732 of this title; or 

(B) the second anniversary of the date on which the 

member would otherwise be discharged or transferred 

from an active status. 

(Added Pub. L. 102–484, div. A, title V, Sec. 541(a), Oct. 23, 1992, 106 Stat. 2412; amended Pub. 

L. 103–160, div. A, title V, Sec. 562(a), Nov. 30, 1993, 107 Stat. 1669; Pub. L. 104–106, div. 

A, title XV, Sec. 1501(c)(12), Feb. 10, 1996, 110 Stat. 499.) 

§ 1177. Members diagnosed with or reasonably asserting 

post-traumatic stress disorder or traumatic brain 

injury: medical examination required before administrative separation 

(a) MEDICAL EXAMINATION REQUIRED.—(1) Under regulations 

prescribed by the Secretary of Defense, the Secretary of a military 

department shall ensure that a member of the armed forces under 

the jurisdiction of the Secretary who has been deployed overseas in 

support of a contingency operation during the previous 24 months, 

and who is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on 

the service of the member while deployed, the influence of such a 

condition, receives a medical examination to evaluate a diagnosis 

of post-traumatic stress disorder or traumatic brain injury. 

(2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable until the 

results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned. 

(3) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist or 

psychiatrist. In cases involving traumatic brain injury, the medical 

examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate. 

(b) PURPOSE OF MEDICAL EXAMINATION.—The medical examination required by subsection (a) shall assess whether the effects 
§ 1178 CH. 59—SEPARATION 692 

of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the 

overall characterization of service of the member as other than 

honorable. 

(c) INAPPLICABILITY TO PROCEEDINGS UNDER UNIFORM CODE OF

MILITARY JUSTICE.—The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. 

(Added Pub. L. 111–84, div. A, title V, Sec. 512(a)(1), Oct. 28, 2009, 123 Stat. 2280.) 

§ 1178. System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program 

The Secretary of each military department shall establish a 

system for tracking, recording, and reporting separations of members of the armed forces under the Secretary’s jurisdiction that result from procedures initiated as a result of a refusal to participate 

in the anthrax vaccine immunization program. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 751(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–193; amended Pub. L. 111–383, div. A, title VII, Sec. 721, Jan. 7, 2011, 124 Stat. 4251.) 
693 

CHAPTER 60—SEPARATION OF REGULAR OFFICERS 

FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR 

CERTAIN OTHER REASONS 

Sec. 

1181. Authority to establish procedures to consider the separation of officers for 

substandard performance of duty and for certain other reasons. 

1182. Boards of inquiry. 

[1183. Repealed.] 

1184. Removal of officer: action by Secretary upon recommendation of board of 

inquiry. 

1185. Rights and procedures. 

1186. Officer considered for removal: voluntary retirement or discharge. 

1187. Officers eligible to serve on boards. 

§ 1181. Authority to establish procedures to consider the 

separation of officers for substandard performance 

of duty and for certain other reasons 

(a) Subject to such limitations as the Secretary of Defense may 

prescribe, the Secretary of the military department concerned shall 

prescribe, by regulation, procedures for the review at any time of 

the record of any commissioned officer (other than a commissioned 

warrant officer or a retired officer) of the Regular Army, Regular 

Navy, Regular Air Force, or Regular Marine Corps to determine 

whether such officer shall be required, because his performance of 

duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty. 

(b) Subject to such limitations as the Secretary of Defense may 

prescribe, the Secretary of the military department concerned shall 

prescribe, by regulation, procedures for the review at any time of 

the record of any commissioned officer (other than a commissioned 

warrant officer or a retired officer) of the Regular Army, Regular 

Navy, Regular Air Force, or Regular Marine Corps to determine 

whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention 

is not clearly consistent with the interests of national security, to 

show cause for his retention on active duty. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2872; amended Pub. L. 98–525, 

title V, Sec. 524(b)(1), Oct. 19, 1984, 98 Stat. 2524.) 

§ 1182. Boards of inquiry 

(a) The Secretary of the military department concerned shall 

convene boards of inquiry at such times and places as the Secretary may prescribe to receive evidence and make findings and 

recommendations as to whether an officer who is required under 

section 1181 of this title to show cause for retention on active duty 

should be retained on active duty. Each board of inquiry shall be 

composed of not less than three officers having the qualifications 

prescribed by section 1187 of this title. 
[§ 1183 CH. 60—SEPARATION FOR SUBSTANDARD PERFORMANCE, ETC. 694 

(b) A board of inquiry shall give a fair and impartial hearing 

to each officer required under section 1181 of this title to show 

cause for retention on active duty. 

(c)(1) If a board of inquiry determines that the officer has 

failed to establish that he should be retained on active duty, it 

shall recommend to the Secretary concerned that the officer not be 

retained on active duty. 

(2) Under regulations prescribed by the Secretary concerned, 

an officer as to whom a board of inquiry makes a recommendation 

under paragraph (1) that the officer not be retained on active duty 

may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin 

such leave at any time following the officer’s receipt of the report 

of the board of inquiry, including the board’s recommendation for 

removal from active duty, and the expiration of any period allowed 

for submission by the officer of a rebuttal to that report. The leave 

may be continued until the date on which action by the Secretary 

concerned on the officer’s case is completed or may be terminated 

at any earlier time. 

(d)(1) If a board of inquiry determines that the officer has established that he should be retained on active duty, the officer’s 

case is closed. 

(2) An officer who is required to show cause for retention on 

active duty under subsection (a) of section 1181 of this title and 

who is determined under paragraph (1) to have established that he 

should be retained on active duty may not again be required to 

show cause for retention on active duty under such subsection 

within the one-year period beginning on the date of that determination. 

(3)(A) Subject to subparagraph (B), an officer who is required 

to show cause for retention on active duty under subsection (b) of 

section 1181 of this title and who is determined under paragraph 

(1) to have established that he should be retained on active duty 

may again be required to show cause for retention at any time. 

(B) An officer who has been required to show cause for retention on active duty under subsection (b) of section 1181 of this title 

and who is thereafter retained on active duty may not again be required to show cause for retention on active duty under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the 

board of inquiry that considered his case are determined to have 

been obtained by fraud or collusion. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2872; Pub. L. 105–261, div A, 

title V, Sec. 503(b)(1), Oct. 17, 1998, 112 Stat. 2003; Pub. L. 106–398, Sec. 1[[div. A], title X, 

Sec. 1087(d)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292; Pub. L. 107–314, div. A, title V, Sec. 

506(a), Dec. 2, 2002, 116 Stat. 2534.) 

[§ 1183. Repealed. Pub. L. 105–261, div. A, title V, Sec. 503(a), 

Oct. 17, 1998, 112 Stat. 2003] 

§ 1184. Removal of officer: action by Secretary upon recommendation of board of inquiry 

The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from 
695 § 1186 CH. 60—SEPARATION FOR SUBSTANDARD PERFORMANCE, ETC.

active duty is recommended by a board of inquiry convened under 

section 1182 of this title. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 105– 

261, div. A, title V, Sec. 503(b)(2), (c)(1), Oct. 17, 1998, 112 Stat. 2003.) 

§ 1185. Rights and procedures 

(a) Under regulations prescribed by the Secretary of Defense, 

each officer required under section 1181 of this title to show cause 

for retention on active duty— 

(1) shall be notified in writing, at least 30 days before the 

hearing of his case by a board of inquiry, of the reasons for 

which he is being required to show cause for retention on active duty; 

(2) shall be allowed a reasonable time, as determined by 

the board of inquiry, to prepare his showing of cause for his 

retention on active duty; 

(3) shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; 

and 

(4) shall be allowed full access to, and shall be furnished 

copies of, records relevant to his case, except that the board of 

inquiry shall withhold any record that the Secretary concerned 

determines should be withheld in the interest of national security. 

(b) When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the 

interest of national security permits, be furnished a summary of 

the record so withheld. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2874.) 

§ 1186. Officer considered for removal: voluntary retirement 

or discharge 

(a) At any time during proceedings under this chapter with respect to the removal of an officer from active duty, the Secretary 

of the military department concerned may grant a request by the 

officer— 

(1) for voluntary retirement, if the officer is qualified for 

retirement; or 

(2) for discharge in accordance with subsection (b)(2). 

(b) An officer removed from active duty under section 1184 of 

this title shall— 

(1) if eligible for voluntary retirement under any provision 

of law on the date of such removal, be retired in the grade and 

with the retired pay for which he would be eligible if retired 

under such provision; and 

(2) if ineligible for voluntary retirement under any provision of law on the date of such removal— 

(A) be honorably discharged in the grade then held, in 

the case of an officer whose case was brought under subsection (a) of section 1181 of this title; or 

(B) be discharged in the grade then held, in the case 

of an officer whose case was brought under subsection (b) 

of section 1181 of this title. 
§ 1187 CH. 60—SEPARATION FOR SUBSTANDARD PERFORMANCE, ETC. 696 

(c) An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) 

of this title. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 101– 

510, div. A, title V, Sec. 501(f)(1), Nov. 5, 1990, 104 Stat. 1550.) 

§ 1187. Officers eligible to serve on boards 

(a) IN GENERAL.—Except as provided in subsection (b), each 

board convened under this chapter shall consist of officers appointed as follows: 

(1) Each member of the board shall be an officer of the 

same armed force as the officer being required to show cause 

for retention on active duty. 

(2) Each member of the board shall be in a grade above 

major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel 

or commander. 

(3) Each member of the board shall be senior in grade to 

any officer to be considered by the board. 

(b) RETIRED OFFICERS.—If qualified officers are not available in 

sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer— 

(1) is above major or lieutenant commander or, in the case 

of an officer to be the senior officer of the board, above lieutenant colonel or commander; and 

(2) is senior to the grade of any officer to be considered by 

the board. 

(c) INELIGIBILITY BY REASON OF PREVIOUS CONSIDERATION OF

SAME OFFICER.—No person may be a member of more than one 

board convened under this chapter to consider the same officer. 

(d) EXCLUSION FROM STRENGTH LIMITATION.—A retired general 

or flag officer who is on active duty for the purpose of serving on 

a board convened under this chapter shall not, while so serving, be 

counted against any limitation on the number of general and flag 

officers who may be on active duty. 

(Added Pub. L. 96–513, title I, Sec. 110, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 106– 

65, div. A, title V, Sec. 504(a), Oct. 5, 1999, 113 Stat. 590; Pub. L. 110–417, [div. A], title V, 

Sec. 505, Oct. 14, 2008, 122 Stat. 4434.) 
697 

CHAPTER 61—RETIREMENT OR SEPARATION FOR 

PHYSICAL DISABILITY 

Sec. 

1201. Regulars and members on active duty for more than 30 days: retirement. 

1202. Regulars and members on active duty for more than 30 days: temporary 

disability retired list. 

1203. Regulars and members on active duty for more than 30 days: separation. 

1204. Members on active duty for 30 days or less or on inactive-duty training: 

retirement. 

1205. Members on active duty for 30 days or less: temporary disability retired 

list. 

1206. Members on active duty for 30 days or less or on inactive-duty training: 

separation. 

1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing. 

1207. Disability from intentional misconduct or willful neglect: separation. 

1207a. Members with over eight years of active service: eligibility for disability 

retirement for pre-existing conditions. 

1208. Computation of service. 

1209. Transfer to inactive status list instead of separation. 

1210. Members on temporary disability retired list: periodic physical examination; final determination of status. 

1211. Members on temporary disability retired list: return to active duty; promotion. 

1212. Disability severance pay. 

1213. Effect of separation on benefits and claims. 

1214. Right to full and fair hearing. 

1214a. Members determined fit for duty in Physical Evaluation Board evaluation: 

prohibition on involuntary administrative separation due to 

unsuitability based on medical conditions considered in evaluation. 

1215. Members other than Regulars: applicability of laws. 

1216. Secretaries: powers, functions, and duties. 

1216a. Determinations of disability: requirements and limitations on determinations. 

1217. Academy cadets and midshipmen: applicability of chapter. 

1218. Discharge or release from active duty: claims for compensation, pension, 

or hospitalization. 

1218a. Discharge or release from active duty: transition assistance for reserve 

component members injured while on active duty. 

1219. Statement of origin of disease or injury: limitations. 

[1220. Repealed.] 

1221. Effective date of retirement or placement of name on temporary disability 

retired list. 

1222. Physical evaluation boards. 

§ 1201. Regulars and members on active duty for more than 

30 days: retirement 

(a) RETIREMENT.—Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or 

while absent as described in subsection (c)(3), the Secretary may 

retire the member, with retired pay computed under section 1401 

of this title, if the Secretary also makes the determinations with 
§ 1202 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 698 

respect to the member and that disability specified in subsection 

(b). 

(b) REQUIRED DETERMINATIONS OF DISABILITY.—Determinations referred to in subsection (a) are determinations by the Secretary that— 

(1) based upon accepted medical principles, the disability 

is of a permanent nature and stable; 

(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and 

(3) either— 

(A) the member has at least 20 years of service computed under section 1208 of this title; or 

(B) the disability is at least 30 percent under the 

standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; and either— 

(i) the disability was not noted at the time of the 

member’s entrance on active duty (unless clear and 

unmistakable evidence demonstrates that the disability existed before the member’s entrance on active 

duty and was not aggravated by active military service); 

(ii) the disability is the proximate result of performing active duty; 

(iii) the disability was incurred in line of duty in 

time of war or national emergency; or 

(iv) the disability was incurred in line of duty 

after September 14, 1978. 

(c) ELIGIBLE MEMBERS.—This section and sections 1202 and 

1203 of this title apply to the following members: 

(1) A member of a regular component of the armed forces 

entitled to basic pay. 

(2) Any other member of the armed forces entitled to basic 

pay who has been called or ordered to active duty (other than 

for training under section 10148(a) of this title) for a period of 

more than 30 days. 

(3) Any other member of the armed forces who is on active 

duty but is not entitled to basic pay by reason of section 502(b) 

of title 37 due to authorized absence (A) to participate in an 

educational program, or (B) for an emergency purpose, as determined by the Secretary concerned. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 91; Pub. L. 85–861, Sec. 1(28)(A), Sept. 2, 1958, 72 Stat. 

1451; Pub. L. 87–651, title I, Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 95–377, Sec. 3(1), 

Sept. 19, 1978, 92 Stat. 719; Pub. L. 96–343, Sec. 10(c)(1), Sept. 8, 1980, 94 Stat. 1129; Pub. 

L. 96–513, title I, Sec. 117, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 99–145, title V, Sec. 

513(a)(1)(A), Nov. 8, 1985, 99 Stat. 627; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), Nov. 

29, 1989, 103 Stat. 1602; Pub. L. 103–337, div. A, title XVI, Sec. 1671(c)(6), Oct. 5, 1994, 108 

Stat. 3014; Pub. L. 104–201, div. A, title V, Sec. 572(a), Sept. 23, 1996, 110 Stat. 2533; Pub. 

L. 110–181, div. A, title XVI, Sec. 1641(a), Jan. 28, 2008, 122 Stat. 464; Pub. L. 110–417, [div. 

A], title VII, Sec. 727(a), Oct. 14, 2008, 122 Stat. 4510.) 

§ 1202. Regulars and members on active duty for more than 

30 days: temporary disability retired list 

Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for 
699 § 1203 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

retirement under section 1201 of this title but for the fact that his 

disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical 

principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired 

list, with retired pay computed under section 1401 of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85–861, Sec. 1(28)(A), Sept. 2, 1958, 72 Stat. 

1451; Pub. L. 87–651, title I, Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 99–145, title V, 

Sec. 513(a)(1)(B), Nov. 8, 1985, 99 Stat. 627; Pub. L. 103–337, div. A, title XVI, Sec. 1671(c)(6), 

Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title V, Sec. 572(b), Sept. 23, 1996, 110 

Stat. 2533.) 

§ 1203. Regulars and members on active duty for more than 

30 days: separation 

(a) SEPARATION.—Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title is 

unfit to perform the duties of the member’s office, grade, rank, or 

rating because of physical disability incurred while entitled to basic 

pay or while absent as described in section 1201(c)(3) of this title, 

the member may be separated from the member’s armed force, 

with severance pay computed under section 1212 of this title, if the 

Secretary also makes the determinations with respect to the member and that disability specified in subsection (b). 

(b) REQUIRED DETERMINATIONS OF DISABILITY.—Determinations referred to in subsection (a) are determinations by the Secretary that— 

(1) the member has less than 20 years of service computed 

under section 1208 of this title; 

(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; 

(3) based upon accepted medical principles, the disability 

is or may be of a permanent nature; and 

(4) either— 

(A) the disability is less than 30 percent under the 

standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and the disability was (i) the proximate result of performing active duty, (ii) incurred in line of duty in time of 

war or national emergency, or (iii) incurred in line of duty 

after September 14, 1978; 

(B) the disability is less than 30 percent under the 

standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, the disability was not noted at the time of the member’s entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service), or 

(C) the disability is at least 30 percent under the 

standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, the disability was neither (i) the proximate result of 

performing active duty, (ii) incurred in line of duty in time 

of war or national emergency, nor (iii) incurred in line of 
§ 1204 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 700 

duty after September 14, 1978, and the member has less 

than eight years of service computed under section 1208 of 

this title on the date when he would otherwise be retired 

under section 1201 of this title or placed on the temporary 

disability retired list under section 1202 of this title. 

However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be 

transferred to that list instead of being separated. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 92; Pub. L. 85–861, Sec. 1(28)(A), Sept. 2, 1958, 72 Stat. 

1451; Pub. L. 87–651, title I, Sec. 107(a), Sept. 7, 1962, 76 Stat. 508; Pub. L. 95–377, Sec. 3(2), 

(3), Sept. 19, 1978, 92 Stat. 719, 720; Pub. L. 96–343, Sec. 10(c)(2), (3), Sept. 8, 1980, 94 Stat. 

1129; Pub. L. 96–513, title I, Sec. 117, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 101–189, div. A, 

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–337, div. A, title XVI, Sec. 

1671(c)(6), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title V, Sec. 572(c), Sept. 23, 

1996, 110 Stat. 2533; Pub. L. 110–181, div. A, title XVI, Sec. 1641(b), Jan. 28, 2008, 122 Stat. 

465; Pub. L. 110–417, [div. A], title VII, Sec. 727(b), Oct. 14, 2008, 122 Stat. 4510; Pub. L. 111– 

383, div. A, title X, Sec. 1075(b)(19), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 111–383, div. A, title 

X, Sec. 1075(e)(12), Jan. 7, 2011, 124 Stat. 4375.) 

§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement 

Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 

of this title is unfit to perform the duties of his office, grade, rank, 

or rating because of physical disability, the Secretary may retire 

the member with retired pay computed under section 1401 of this 

title, if the Secretary also determines that— 

(1) based upon accepted medical principles, the disability 

is of a permanent nature and stable; 

(2) the disability— 

(A) was incurred before September 24, 1996, as the 

proximate result of— 

(i) performing active duty or inactive-duty training; 

(ii) traveling directly to or from the place at which 

such duty is performed; or 

(iii) an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or 

while remaining overnight between successive periods 

of inactive-duty training, at or in the vicinity of the 

site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting 

distance of the member’s residence; 

(B) is a result of an injury, illness, or disease incurred 

or aggravated in line of duty after September 23, 1996— 

(i) while performing active duty or inactive-duty 

training; 

(ii) while traveling directly to or from the place at 

which such duty is performed; or 

(iii) while remaining overnight, immediately before the commencement of inactive-duty training, or 

while remaining overnight between successive periods 

of inactive-duty training, at or in the vicinity of the 

site of the inactive-duty training; or 
701 § 1206 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

(C) is a result of an injury, illness, or disease incurred 

or aggravated in line of duty— 

(i) while the member was serving on funeral honors duty under section 12503 of this title or section 

115 of title 32; 

(ii) while the member was traveling to or from the 

place at which the member was to so serve; or 

(iii) while the member remained overnight at or in 

the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence; 

(3) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and 

(4) either— 

(A) the member has at least 20 years of service computed under section 1208 of this title; or 

(B) the disability is at least 30 percent under the 

standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 93; Nov. 8, 1985, Pub. L. 99–145, title V, Sec. 513(a)(1)(A), 

99 Stat. 627; Nov. 14, 1986, Pub. L. 99–661, div. A, title VI, Sec. 604(d)(1), (2)(A), 100 Stat. 

3876; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), 103 Stat. 1602; Oct. 

23, 1992, Pub. L. 102–484, div. A, title V, Sec. 516(a), 106 Stat. 2407; Sept. 23, 1996, Pub. L. 

104–201, div. A, title V, Sec. 534, 110 Stat. 2521; Nov. 18, 1997, Pub. L. 105–85, div. A, title 

V, Sec. 513(c)(1), (d)(1), 111 Stat. 1730, 1731; Oct. 5, 1999, Pub. L. 106–65, div. A, title V, Sec. 

578(i)(3), 113 Stat. 629; Pub. L. 107–107, div. A, title V, Sec. 513(b), Dec. 28, 2001, 115 Stat. 

1093.) 

§ 1205. Members on active duty for 30 days or less: temporary disability retired list 

Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 

of this title would be qualified for retirement under section 1204 

of this title but for the fact that his disability is not determined to 

be of a permanent nature and stable, the Secretary shall, if he also 

determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on 

the temporary disability retired list, with retired pay computed 

under section 1401 of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 99–145, title V, Sec. 513(a)(1)(B), Nov. 8, 1985, 

99 Stat. 627; Pub. L. 99–661, div. A, title VI, Sec. 604(d)(2)((B)), Nov. 14, 1986, 100 Stat. 3876.) 

§ 1206. Members on active duty for 30 days or less or on inactive-duty training: separation 

Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 

of this title is unfit to perform the duties of his office, grade, rank, 

or rating because of physical disability, the member may be separated from his armed force, with severance pay computed under 

section 1212 of this title, if the Secretary also determines that— 

(1) the member has less than 20 years of service computed 

under section 1208 of this title; 

(2) the disability is a result of an injury, illness, or disease 

incurred or aggravated in line of duty— 
§ 1206a CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 702 

(A) while— 

(i) performing active duty or inactive-duty training; 

(ii) traveling directly to or from the place at which 

such duty is performed; or 

(iii) remaining overnight immediately before the 

commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of 

the inactive-duty training, if the site is outside reasonable commuting distance of the member’s residence; or 

(B) while the member— 

(i) was serving on funeral honors duty under section 12503 of this title or section 115 of title 32; 

(ii) was traveling to or from the place at which the 

member was to so serve; or 

(iii) remained overnight at or in the vicinity of 

that place immediately before so serving; 

(3) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; 

(4) based upon accepted medical principles, the disability 

is or may be of a permanent nature; and 

(5) the disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of 

Veterans Affairs at the time of the determination, and, in the 

case of a disability incurred before October 5, 1999, was the 

proximate result of performing active duty or inactive-duty 

training or of traveling directly to or from the place at which 

such duty is performed. 

However, if the member is eligible for transfer to the inactive status list under section 1209 of this title, and so elects, he shall be 

transferred to that list instead of being separated. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Nov. 14, 1986, Pub. L. 99–661, div. A, title VI, Sec. 

604(d)(1), (3), 100 Stat. 3876; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), 

103 Stat. 1602; Oct. 23, 1992, Pub. L. 102–484, div. A, title V, Sec. 516(a), 106 Stat. 2407; Nov. 

18, 1997, Pub. L. 105–85, div. A, title V, Sec. 513(c)(2), (d)(2), 111 Stat. 1731; Oct. 5, 1999, Pub. 

L. 106–65, div. A, title V, Sec. 578(i)(4), title VI, Sec. 653(c), 113 Stat. 629, 667; Dec. 28, 2001, 

Pub. L. 107–107, div. A, title V, Sec. 513(b), title X, Sec. 1048(c)(6), 115 Stat. 1093, 1226.) 

§ 1206a. Reserve component members unable to perform duties when ordered to active duty: disability system 

processing 

(a) MEMBERS RELEASED FROM ACTIVE DUTY WITHIN 30 

DAYS.—A member of a reserve component who is ordered to active 

duty for a period of more than 30 days and is released from active 

duty within 30 days of commencing such period of active duty for 

a reason stated in subsection (b) shall be considered for all purposes under this chapter to have been serving under an order to 

active duty for a period of 30 days or less. 

(b) APPLICABLE REASONS FOR RELEASE.—Subsection (a) applies 

in the case of a member released from active duty because of a failure to meet— 

(1) physical standards for retention due to a preexisting 

condition not aggravated during the period of active duty; or 
703 § 1208 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

(2) medical or dental standards for deployment due to a 

preexisting condition not aggravated during the period of active duty. 

(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE

ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit 

under chapter 55 of this title received by a member described in 

subsection (a) or a dependent of such member before or during the 

period of active duty shall not be subject to recoupment or otherwise affected. 

(Added Pub. L. 108–375, div. A, title V, Sec. 521(a), Oct. 28, 2004, 118 Stat. 1887.) 

§ 1207. Disability from intentional misconduct or willful neglect: separation 

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.) 

§ 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing 

conditions 

(a) In the case of a member described in subsection (b) who 

would be covered by section 1201, 1202, or 1203 of this title but 

for the fact that the member’s disability is determined to have been 

incurred before the member became entitled to basic pay in the 

member’s current period of active duty, the disability shall be 

deemed to have been incurred while the member was entitled to 

basic pay and shall be so considered for purposes of determining 

whether the disability was incurred in the line of duty. 

(b) A member described in subsection (a) is a member with at 

least eight years of active service. 

(Added Pub. L. 106–65, div. A, title VI, Sec. 653(a)(1), Oct. 5, 1999, 113 Stat. 666.) 

§ 1208. Computation of service 

(a) For the purposes of this chapter, a member of a regular 

component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater: 

(1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service. 

(2) The sum of— 

(A) his active service as a member of the armed forces, 

a nurse, a reserve nurse, a contract surgeon, a contract 

dental surgeon, or an acting dental surgeon; 

(B) his active service as a member of the National 

Oceanic and Atmospheric Administration or the Public 

Health Service; and 

(C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of 

title 32. 
§ 1209 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 704 

For the purpose of paragraph (2), active service as a member of the 

National Oceanic and Atmospheric Administration includes active 

service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey. 

(b) A member of the armed forces who is not a member of a 

regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he 

were computing his years of service under section 12733 of this 

title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 94; Pub. L. 89–718, Sec. 8, Nov. 2, 1966, 80 Stat. 1117; Pub. 

L. 96–513, title V, Sec. 501(16), 511(42), Dec. 12, 1980, 94 Stat. 2908, 2923; Pub. L. 99–661, 

div. A, title XIII, Sec. 1343(a)(6), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, Sec. 7(j)(3), 

Apr. 21, 1987, 101 Stat. 283; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(13), Feb. 10, 1996, 

110 Stat. 499.) 

§ 1209. Transfer to inactive status list instead of separation 

Any member of the armed forces who has at least 20 years of 

service computed under section 12732 of this title, and who would 

be qualified for retirement under this chapter but for the fact that 

his disability is less than 30 percent under the standard schedule 

of rating disabilities in use by the Department of Veterans Affairs 

at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status 

list under section 12735 of this title and, if otherwise eligible, to 

receive retired pay under section 12739 of this title upon becoming 

60 years of age. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), Nov. 

29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(14), Feb. 10, 1996, 110 

Stat. 499.) 

§ 1210. Members on temporary disability retired list: periodic physical examination; final determination of 

status 

(a) A physical examination shall be given at least once every 

18 months to each member of the armed forces whose name is on 

the temporary disability retired list to determine whether there has 

been a change in the disability for which he was temporarily retired. He may be required to submit to those examinations while 

his name is carried on that list. If a member fails to report for an 

examination under this subsection, after receipt of proper notification, his disability retired pay may be terminated. However, payments to him shall be resumed if there was just cause for his failure to report. If payments are so resumed, they may be made retroactive for not more than one year. 

(b) The Secretary concerned shall make a final determination 

of the case of each member whose name is on the temporary disability retired list upon the expiration of five years after the date 

when the member’s name was placed on that list. If, at the time 

of that determination, the physical disability for which the member’s name was carried on the temporary disability retired list still 

exists, it shall be considered to be of a permanent nature and stable. 

(c) If, as a result of a periodic examination under subsection 

(a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent na-
705 § 1210 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

ture and stable and is at least 30 percent under the standard 

schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, his name shall be 

removed from the temporary disability retired list and he shall be 

retired under section 1201 or 1204 of this title, whichever applies. 

(d) If, as a result of a periodic examination under subsection 

(a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is of a permanent nature and stable and is less than 30 percent under the standard 

schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and if he has at 

least 20 years of service computed under section 1208 of this title, 

his name shall be removed from the temporary disability retired 

list and he shall be retired under section 1201 or 1204 of this title, 

whichever applies, with retired pay computed under section 1401 

of this title. 

(e) If, as a result of a periodic examination under subsection 

(a), or upon a final determination under subsection (b), it is determined that the member’s physical disability is less than 30 percent 

under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, and 

if he has less than 20 years of service computed under section 1208 

of this title, his name shall be removed from the temporary disability retired list and he may be separated under section 1203 or 

1206 of this title, whichever applies. 

(f)(1) If, as a result of a periodic examination under subsection 

(a), or upon a final determination under subsection (b), it is determined that the member is physically fit to perform the duties of his 

office, grade, rank, or rating, the Secretary shall— 

(A) treat the member as provided in section 1211 of this 

title; or 

(B) discharge the member, retire the member, or transfer 

the member to the Fleet Reserve, Fleet Marine Corps Reserve, 

or inactive Reserve under any other law if, under that law, the 

member— 

(i) applies for and qualifies for that retirement or 

transfer; or 

(ii) is required to be discharged, retired, or eliminated 

from an active status. 

(2)(A) For the purpose of paragraph (1)(B), a member shall be 

considered qualified for retirement or transfer to the Fleet Reserve 

or Fleet Marine Corps Reserve or is required to be discharged, retired, or eliminated from an active status if, were the member reappointed or reenlisted under section 1211 of this title, the member 

would in all other respects be qualified for or would be required to 

be retired, transferred to the Fleet Reserve or Fleet Marine Corps 

Reserve, discharged, or eliminated from an active status under any 

other provision of law. 

(B) The grade of a member retired, transferred, discharged, or 

eliminated from an active status pursuant to paragraph (1)(B) shall 

be determined under the provisions of law under which the member is retired, transferred, discharged, or eliminated. The member’s 

retired, retainer, severance, readjustment, or separation pay shall 

be computed as if the member had been reappointed or reenlisted 
§ 1211 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 706 

upon removal from the temporary disability retired list and before 

the retirement, transfer, discharge, or elimination. Notwithstanding section 8301 of title 5, a member who is retired shall be 

entitled to retired pay effective on the day after the last day on 

which the member is entitled to disability retired pay. 

(g) Any member of the armed forces whose name is on the temporary disability retired list, and who is required to travel to submit to a physical examination under subsection (a), is entitled to 

the travel and transportation allowances authorized for members 

in his retired grade traveling in connection with temporary duty 

while on active duty. 

(h) If his name is not sooner removed, the disability retired pay 

of a member whose name is on the temporary disability retired list 

terminates upon the expiration of five years after the date when 

his name was placed on that list. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 95; Pub. L. 99–145, title V, Sec. 513(a)(2), Nov. 8, 1985, 99 

Stat. 627; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.) 

§ 1211. Members on temporary disability retired list: return 

to active duty; promotion 

(a) With his consent, any member of the Army or the Air Force 

whose name is on the temporary disability retired list, and who is 

found to be physically fit to perform the duties of his office, grade, 

or rank under section 1210(f) of this title, shall— 

(1) if a commissioned officer of a regular component, be recalled to active duty and, as soon as practicable, may be reappointed by the President, by and with the advice and consent of the Senate, to the active-duty list in the regular grade 

held by him when his name was placed on the temporary disability retired list, or in the next higher regular grade; 

(2) if a warrant officer of a regular component, be recalled 

to active duty and, as soon as practicable, be reappointed by 

the Secretary concerned in the regular grade held by him when 

his name was placed on the temporary disability retired list, 

or in the next higher regular warrant grade; 

(3) if an enlisted member of a regular component, be reenlisted in the regular grade held by him when his name was 

placed on the temporary disability retired list or in the next 

higher regular enlisted grade; 

(4) if a commissioned, warrant, or enlisted Reserve, be reappointed or reenlisted as a Reserve for service in his reserve 

component in the reserve grade held by him when his name 

was placed on the temporary disability retired list, or appointed or enlisted in the next higher reserve commissioned, 

warrant, or enlisted grade, as the case may be; 

(5) if a commissioned, warrant, or enlisted member of the 

Army National Guard of the United States or the Air National 

Guard of the United States when the disability was incurred, 

and if he cannot be reappointed or reenlisted as a Reserve for 

service therein, be appointed or enlisted as a Reserve for service in the Army Reserve or the Air Force Reserve, as the case 

may be, in a grade corresponding to the reserve grade held by 

him when his name was placed on the temporary disability re-
707 § 1211 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

tired list, or in the next higher reserve commissioned, warrant, 

or enlisted grade, as the case may be; and 

(6) if a member of the Army, or the Air Force, who has no 

regular or reserve grade, be reappointed or reenlisted in the 

Army, or the Air Force, as the case may be, in the temporary 

grade held by him when his name was placed on the temporary 

disability retired list, or appointed or enlisted in the next higher temporary grade. 

(b) With his consent, any member of the naval service or of the 

Coast Guard whose name is on the temporary disability retired list, 

and who is found to be physically fit to perform the duties of his 

office, grade, rank, or rating under section 1210(f) of this title, 

shall— 

(1) if he held an appointment in a commissioned grade in 

a regular component when his name was placed on the temporary disability retired list, be recalled to active duty and, as 

soon as practicable, may be reappointed by the President, by 

and with the advice and consent of the Senate, to his regular 

component in the grade permanently held by him when his 

name was placed on the temporary disability retired list, or in 

the next higher grade; 

(2) if he held an appointment in the grade of warrant officer, W–1, in a regular component when his name was placed 

on the temporary disability retired list, be recalled to active 

duty and, as soon as practicable, be reappointed by the Secretary concerned in his regular component in the grade permanently held by him when his name was placed on the temporary disability retired list, or may be appointed by the President, by and with the advice and consent of the Senate, to the 

grade of chief warrant officer, W–2; 

(3) if he held a permanent enlisted grade in a regular component when his name was placed on the temporary disability 

retired list, be reenlisted in his regular component in the grade 

permanently held by him when his name was placed on the 

temporary disability retired list, or in the next higher enlisted 

grade; 

(4) if he was a member of the Fleet Reserve or the Fleet 

Marine Corps Reserve when his name was placed on the temporary disability retired list, resume his status in the Fleet Reserve or the Fleet Marine Corps Reserve in the grade held by 

him when his name was placed on the temporary disability retired list, or in the next higher enlisted grade; and 

(5) if a member of a reserve component be reappointed or 

reenlisted in his reserve component in the grade permanently 

held by him when his name was placed on the temporary disability retired list or, if that permanent grade is not chief petty 

officer or master sergeant, in the next higher grade in that reserve component. 

(c) If a member is appointed, reappointed, enlisted, or reenlisted, or resumes his status in the Fleet Reserve or the Fleet Marine Corps Reserve, under subsection (a) or (b), his status on the 

temporary disability retired list terminates on the date of his appointment, reappointment, enlistment, reenlistment, or resumption, as the case may be. However, if such a member does not con-
§ 1212 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 708 

sent to the action proposed under subsection (a) or (b), and if the 

member is not discharged, retired, or transferred to the Fleet Reserve or Fleet Marine Corps Reserve or inactive Reserve under section 1210 of this title, his status on the temporary disability retired 

list and his disability retired pay shall be terminated as soon as 

practicable and the member shall be discharged. 

(d) Disability retired pay of a member covered by this section 

terminates— 

(1) on the date when he is recalled to active duty under 

subsection (a)(1) or (2) or subsection (b)(1) or (2), for an officer 

of a regular component; 

(2) on the date when he resumes his status in the Fleet 

Reserve or the Fleet Marine Corps Reserve under subsection 

(b)(4), for a member of the Fleet Reserve or the Fleet Marine 

Corps Reserve; and 

(3) on the date when he is appointed, reappointed, enlisted, or reenlisted, for any other member of the armed forces. 

(e) Whenever seniority in grade or years of service is a factor 

in determining the qualifications of a member of the armed forces 

for promotion, each member who has been appointed, reappointed, 

enlisted, or reenlisted, under subsection (a) or (b), shall, when his 

name is placed on a lineal list, a promotion list, an approved allfully-qualified-officers list, or any similar list, have the seniority in 

grade and be credited with the years of service authorized by the 

Secretary concerned. The authorized strength in any regular grade 

is automatically increased to the minimum extent necessary to give 

effect to each appointment made in that grade under this section. 

An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment 

caused the increase is counted for the purpose of determining when 

other appointments, not under this section, may be made in that 

grade. 

(f) Action under this section shall be taken on a fair and equitable basis, with regard being given to the probable opportunities 

for advancement and promotion that the member might reasonably 

have had if his name had not been placed on the temporary disability retired list. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 96; Sept. 7, 1962, Pub. L. 87–651, title I, Sec. 107(b), 76 

Stat. 508; Dec. 12, 1980, Pub. L. 96–513, title V, Sec. 501(17), 94 Stat. 2908; Nov. 8, 1985, Pub. 

L. 99–145, title V, Sec. 513(a)(3), 99 Stat. 627; Pub. L. 107–107, div. A, title V, Sec. 505(c)(4), 

Dec. 28, 2001, 115 Stat. 1088.) 

§ 1212. Disability severance pay 

(a) Upon separation from his armed force under section 1203 

or 1206 of this title, a member is entitled to disability severance 

pay computed by multiplying (1) the member’s years of service 

computed under section 1208 of this title (subject to the minimum 

and maximum years of service provided for in subsection (c)), by (2) 

the highest of the following amounts: 

(A) Twice the amount of monthly basic pay to which he 

would be entitled if serving (i) on active duty on the date when 

he is separated and (ii) in the grade and rank in which he was 

serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on 

that list, on the date when he is separated. 
709 § 1212 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

(B) Twice the amount of monthly basic pay to which he 

would be entitled if serving (i) on active duty on the date when 

his name was placed on the temporary disability retired list or, 

if his name was not carried on that list, on the date when he 

is separated, and (ii) in any temporary grade or rank higher 

than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may 

be, having jurisdiction over the armed force from which he is 

separated. 

(C) Twice the amount of monthly basic pay to which he 

would be entitled if serving (i) on active duty on the date when 

his name was placed on the temporary disability retired list or, 

if his name was not carried on that list, on the date when he 

is separated, and (ii) in the permanent regular or reserve grade 

to which he would have been promoted had it not been for the 

physical disability for which he is separated and which was 

found to exist as a result of a physical examination. 

(D) Twice the amount of monthly basic pay to which he 

would be entitled if serving (i) on active duty on the date when 

his name was placed on the temporary disability retired list or, 

if his name was not carried on that list, on the date when he 

is separated, and (ii) in the temporary grade or rank to which 

he would have been promoted had it not been for the physical 

disability for which he is separated and which was found to 

exist as a result of a physical examination, if his eligibility for 

promotion was required to be based on cumulative years of 

service or years in grade. 

(b) For the purposes of subsection (a), a part of a year of active 

service that is six months or more is counted as a whole year, and 

a part of a year that is less than six months is disregarded. 

(c)(1) The minimum years of service of a member for purposes 

of subsection (a)(1) shall be as follows: 

(A) Six years in the case of a member separated from the 

armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of 

duty in combat-related operations as designated by the Secretary of Defense. 

(B) Three years in the case of any other member. 

(2) The maximum years of service of a member for purposes of 

subsection (a)(1) shall be 19 years. 

(d)(1) The amount of disability severance pay received under 

this section shall be deducted from any compensation for the same 

disability to which the former member of the armed forces or his 

dependents become entitled under any law administered by the Department of Veterans Affairs. 

(2) No deduction may be made under paragraph (1) in the case 

of disability severance pay received by a member for a disability incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the Secretary of Defense. 
§ 1213 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 710 

(3) No deduction may be made under paragraph (1) from any 

death compensation to which a member’s dependents become entitled after the member’s death. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 98; Pub. L. 96–513, title V, Sec. 511(43), Dec. 12, 1980, 94 

Stat. 2924; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; 

Pub. L. 107–107, div. A, title V, Sec. 593(a), Dec. 28, 2001, 115 Stat. 1126; Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–181, div. A, title XVI, 

Sec. 1646(a), (b), Jan. 28, 2008, 122 Stat. 472.) 

§ 1213. Effect of separation on benefits and claims 

Unless a person who has received disability severance pay 

again becomes a member of an armed force, the National Oceanic 

and Atmospheric Administration, or the Public Health Service, he 

is not entitled to any payment from the armed force from which he 

was separated for, or arising out of, his service before separation, 

under any law administered by one of those services or for it by 

another of those services. However, this section does not prohibit 

the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation 

or if a claim by him is allowed under any law. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; 

Pub. L. 96–513, title V, Sec. 511(44), Dec. 12, 1980, 94 Stat. 2924.) 

§ 1214. Right to full and fair hearing 

No member of the armed forces may be retired or separated for 

physical disability without a full and fair hearing if he demands it. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 100.) 

§ 1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability 

based on medical conditions considered in evaluation 

(a) DISPOSITION.—Except as provided in subsection (c), the Secretary of the military department concerned may not authorize the 

involuntary administrative separation of a member described in 

subsection (b) based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same 

medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member. 

(b) COVERED MEMBERS.—A member covered by subsection (a) 

is any member of the armed forces who has been determined by a 

Physical Evaluation Board pursuant to a physical evaluation by the 

board to be fit for duty. 

(c) REEVALUATION.—(1) The Secretary of the military department concerned may direct the Physical Evaluation Board to reevaluate any member described in subsection (b) if the Secretary 

has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of 

the member described in that subsection renders the member unsuitable for continued military service based on the medical condition. 

(2) A member determined pursuant to reevaluation under 

paragraph (1) to be unfit to perform the duties of the member’s of-
711 § 1216 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

fice, grade, rank, or rating may be retired or separated for physical 

disability under this chapter. 

(3) The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation based on a determination that the member is unsuitable for continued service due to the 

same medical condition of the member considered by a Physical 

Evaluation Board that found the member fit for duty. 

(Added Pub. L. 111–383, div. A, title V, Sec. 534(a)(1), Jan. 7, 2011, 124 Stat. 4216.) 

§ 1215. Members other than Regulars: applicability of laws 

The laws and regulations that entitle any retired member of a 

regular component of the armed forces to pay, rights, benefits, or 

privileges extend the same pay, rights, benefits, or privileges to any 

other member of the armed forces who is not a member of a regular 

component and who is retired, or to whom retired pay is granted, 

because of physical disability. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 100.) 

§ 1216. Secretaries: powers, functions, and duties 

(a) The Secretary concerned shall prescribe regulations to carry 

out this chapter within his department. 

(b) Except as provided in subsection (d), the Secretary concerned has all powers, functions, and duties incident to the determination under this chapter of— 

(1) the fitness for active duty of any member of an armed 

force under his jurisdiction; 

(2) the percentage of disability of any such member at the 

time of his separation from active duty; 

(3) the suitability of any member for reappointment, reenlistment, or reentry upon active duty in an armed force under 

his jurisdiction; and 

(4) the entitlement to, and payment of, disability severance 

pay to any member of an armed force under his jurisdiction. 

(c) The Secretary concerned or the Secretary of Veterans Affairs, as prescribed by the President, has the powers, functions, 

and duties under this chapter incident to hospitalization, reexaminations, and the payment of disability retired pay within his department or agency. 

(d) The Secretary concerned may not, with respect to any member who is a general officer or flag officer or is a medical officer 

being processed for retirement under any provisions of this title by 

reason of age or length of service— 

(1) retire such member under section 1201 of this title; 

(2) place such member on the temporary disability retired 

list pursuant to section 1202 of this title; or 

(3) separate such member from an armed force pursuant 

to section 1203 of this title 

by reason of unfitness to perform the duties of his office, grade, 

rank, or rating unless the determination of the Secretary concerned 

with respect to unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense 

for Health Affairs. 
§ 1216a CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 712 

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 94–225, Sec. 2(a), Mar. 4, 1976, 90 Stat. 202; 

Pub. L. 96–513, title V, Sec. 511(45), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98–525, title XIV, 

Sec. 1405(25), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, Sec. 1343(a)(7), 

Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 

103 Stat. 1603; Pub. L. 104–106, div. A, title IX, Sec. 903(f)(2), Feb. 10, 1996, 110 Stat. 402; 

Pub. L. 104–201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.) 

§ 1216a. Determinations of disability: requirements and limitations on determinations 

(a) UTILIZATION OF VA SCHEDULE FOR RATING DISABILITIES IN

DETERMINATIONS OF DISABILITY.—(1) In making a determination of 

disability of a member of the armed forces for purposes of this 

chapter, the Secretary concerned— 

(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, 

including any applicable interpretation of the schedule by the 

United States Court of Appeals for Veterans Claims; and 

(B) except as provided in paragraph (2), may not deviate 

from the schedule or any such interpretation of the schedule. 

(2) In making a determination described in paragraph (1), the 

Secretary concerned may utilize in lieu of the schedule described 

in that paragraph such criteria as the Secretary of Defense and the 

Secretary of Veterans Affairs may jointly prescribe for purposes of 

this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule. 

(b) CONSIDERATION OF ALL MEDICAL CONDITIONS.—In making 

a determination of the rating of disability of a member of the 

armed forces for purposes of this chapter, the Secretary concerned 

shall take into account all medical conditions, whether individually 

or collectively, that render the member unfit to perform the duties 

of the member’s office, grade, rank, or rating. 

(Added Pub. L. 110–181, div. A, title XVI, Sec. 1642(a), Jan. 28, 2008, 122 Stat. 465.) 

§ 1217. Academy cadets and midshipmen: applicability of 

chapter 

(a) This chapter applies to cadets at the United States Military 

Academy, the United States Air Force Academy, and the United 

States Coast Guard Academy and midshipmen of the United States 

Naval Academy, but only with respect to physical disabilities incurred after October 28, 2004. 

(b) Monthly cadet pay and monthly midshipman pay under section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter and the computation of retired pay and severance and separation pay to which entitlement is established under 

this chapter. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 85–861, Sec. 33(a)(7), Sept. 2, 1958, 72 Stat. 

1564; Pub. L. 108–375, div. A, title V, Sec. 555(b)(1), Oct. 28, 2004, 118 Stat. 1914; Pub. L. 109– 

364, div. A, title X, Sec. 1071(a)(6), Oct. 17, 2006, 120 Stat. 2398.) 

§ 1218. Discharge or release from active duty: claims for 

compensation, pension, or hospitalization 

(a) A member of an armed force may not be discharged or released from active duty because of physical disability until he— 
713 § 1218a CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

(1) has made a claim for compensation, pension, or hospitalization, to be filed with the Department of Veterans Affairs, or has refused to make such a claim; or 

(2) has signed a statement that his right to make such a 

claim has been explained to him, or has refused to sign such 

a statement. 

(b) A right that a member may assert after failing or refusing 

to sign a claim, as provided in subsection (a), is not affected by that 

failure or refusal. 

(c) This section does not prevent the immediate transfer of a 

member to a facility of the Department of Veterans Affairs for necessary hospital care. 

(d)(1) The Secretary of a military department shall ensure that 

each member of a reserve component under the jurisdiction of the 

Secretary who is determined, after a mobilization and deployment 

to an area in which imminent danger pay is authorized under section 310 of title 37, to require evaluation for a physical or mental 

disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability 

retired list or inactive status list under this chapter is retained on 

active duty during the disability evaluation process until such time 

as such member is— 

(A) cleared by appropriate authorities for continuation on 

active duty; or 

(B) separated, retired, or placed on the temporary disability retired list or inactive status list. 

(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during the 

demobilization or disability evaluation process of such member. 

(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty 

after the member receives counseling about the consequences of 

termination of active duty. 

(C) Each release from active duty under subparagraph (B) 

shall be thoroughly documented. 

(3) The requirements in paragraph (1) shall expire on the date 

that is five years after the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2010. 

(Added Pub. L. 85–56, title XXII, Sec. 2201(31)(A), June 17, 1957, 71 Stat. 160; amended Pub. 

L. 87–651, title I, Sec. 107(c), Sept. 7, 1962, 76 Stat. 508; Pub. L. 101–189, div. A, title XVI, 

Sec. 1621(a)(1), (4), Nov. 29, 1989, 103 Stat. 1602, 1603; Pub. L. 111–84, div. A, title V, Sec. 

511, Oct. 28, 2009, 123 Stat. 2280.) 

§ 1218a. Discharge or release from active duty: transition assistance for reserve component members injured 

while on active duty 

(a) PROVISION OF CERTAIN INFORMATION.—Before a member of 

a reserve component described in subsection (b) is demobilized or 

separated from the armed forces, the Secretary of the military department concerned shall provide to the member the following information: 

(1) Information on the availability of care and administrative processing through community based warrior transition 

units. 
§ 1219 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 714 

(2) Information on the location of the community based 

warrior transition unit located nearest to the permanent place 

of residence of the member. 

(b) COVERED MEMBERS.—Subsection (a) applies to members of 

a reserve component who are injured while on active duty in the 

armed forces. 

(Added Pub. L. 111–84, div. A, title VI, Sec. 641(a), Oct. 28, 2009, 123 Stat. 2364.) 

§ 1219. Statement of origin of disease or injury: limitations 

A member of an armed force may not be required to sign a 

statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid. 

(Added Pub. L. 85–56, title XXII, Sec. 2201(31)(A), June 17, 1957, 71 Stat. 160; amended Pub. 

L. 87–651, title I, Sec. 107(c), Sept. 7, 1962, 76 Stat. 509.) 

[§ 1220. Repealed. Pub. L. 87–651, title I, Sec. 107(d), Sept. 7, 

1962, 76 Stat. 509] 

§ 1221. Effective date of retirement or placement of name on 

temporary disability retired list 

Notwithstanding section 8301 of title 5, the Secretary concerned may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of 

his name on the temporary disability retired list, that is earlier 

than the date provided for in that section. 

(Added Pub. L. 85–861, Sec. 1(28)(B), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 89–718, 

Sec. 3, Nov. 2, 1966, 80 Stat. 1115.) 

§ 1222. Physical evaluation boards 

(a) RESPONSE TO APPLICATIONS AND APPEALS.—The Secretary 

of each military department shall ensure, in the case of any member of the armed forces appearing before a physical evaluation 

board under that Secretary’s supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to 

that member’s case. The requirement under the preceding sentence 

applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance. 

(b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND TRAINING.— (1) The Secretary of Defense shall prescribe regulations establishing— 

(A) a requirement for the Secretary of each military department to make available to members of the armed forces 

appearing before physical evaluation boards operated by that 

Secretary employees, designated as physical evaluation board 

liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation 

boards operated by that Secretary; and 

(B) standards and guidelines concerning the training of 

such physical evaluation board liaison officers. 

(2) The Secretary shall ensure compliance by the Secretary of 

each military department with physical evaluation board liaison of-
715 § 1222 CH. 61—RETIREMENT OR SEPARATION FOR DISABILITY 

ficer requirements and training standards and guidelines at least 

once every three years. 

(c) STANDARDIZED STAFF TRAINING AND OPERATIONS.—(1) The 

Secretary of Defense shall prescribe regulations on standards and 

guidelines concerning the physical evaluation board operated by 

each of the Secretaries of the military departments with regard 

to— 

(A) assignment and training of staff; 

(B) operating procedures; and 

(C) timeliness of board decisions. 

(2) The Secretary shall ensure compliance with standards and 

guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years. 

(Added Pub. L. 109–364, div. A, title V, Sec. 597(a)(1), Oct. 17, 2006, 120 Stat. 2236.) 
716 

CHAPTER 63—RETIREMENT FOR AGE 

Sec. 

1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions. 

1252. Age 64: permanent professors at academies. 

1253. Age 64: regular commissioned officers in general and flag officer grades; 

exception. 

[1255. Repealed.] 

1263. Age 62: warrant officers. 

1275. Computation of retired pay: law applicable. 

§ 1251. Age 62: regular commissioned officers in grades 

below general and flag officer grades; exceptions 

(a) GENERAL RULE.—Unless retired or separated earlier, each 

regular commissioned officer of the Army, Navy, Air Force, or Marine Corps (other than an officer covered by section 1252 of this 

title or a commissioned warrant officer) serving in a grade below 

brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. 

(b) DEFERRED RETIREMENT OF HEALTH PROFESSIONS OFFI- CERS.—(1) The Secretary of the military department concerned 

may, subject to subsection (d), defer the retirement under subsection (a) of a health professions officer if during the period of the 

deferment the officer— 

(A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or 

(B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily 

of the duties described in clause (i), (ii), or (iii) of such subparagraph. 

(2) For purposes of this subsection, a health professions officer 

is— 

(A) a medical officer; 

(B) a dental officer; 

(C) an officer in the Army Nurse Corps, an officer in the 

Navy Nurse Corps, or an officer in the Air Force designated as 

a nurse; or 

(D) an officer in a category of officers designated by the 

Secretary of the military department concerned for the purposes of this paragraph as consisting of officers whose duties 

consist primarily of— 

(i) providing health care; 

(ii) performing other clinical care; or 

(iii) performing health care-related administrative duties. 

(c) DEFERRED RETIREMENT OF CHAPLAINS.—The Secretary of 

the military department concerned may, subject to subsection (d), 

defer the retirement under subsection (a) of an officer who is ap-
717 § 1253 CH. 63—RETIREMENT FOR AGE 

pointed or designated as a chaplain if the Secretary determines 

that such deferral is in the best interest of the military department 

concerned. 

(d) LIMITATION ON DEFERMENT OF RETIREMENTS.—(1) Except 

as provided in paragraph (2), a deferment under subsection (b) or 

(c) may not extend beyond the first day of the month following the 

month in which the officer becomes 68 years of age. 

(2) The Secretary of the military department concerned may 

extend a deferment under subsection (b) or (c) beyond the day referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a caseby-case basis and shall be for such period as the Secretary considers appropriate. 

(Added Pub. L. 96–513, title I, Sec. 111, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 100– 

180, div. A, title VII, Sec. 719, Dec. 4, 1987, 101 Stat. 1115; Pub. L. 101–189, div. A, title VII, 

Sec. 709, Nov. 29, 1989, 103 Stat. 1476; Pub. L. 105–85, div. A, title V, Sec. 504(a), (b), Nov. 

18, 1997, 111 Stat. 1725; Pub. L. 109–163, div. A, title V, Sec. 509(c)(3), Jan. 6, 2006, 119 Stat. 

3231; Pub. L. 109–364, div. A, title V, Sec. 502(b), Oct. 17, 2006, 120 Stat. 2176; Pub. L. 111– 

383, div. A, title V, Sec. 501(b), Jan. 7, 2011, 124 Stat. 4206.) 

§ 1252. Age 64: permanent professors at academies 

(a) MANDATORY RETIREMENT FOR AGE.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, 

Air Force, or Marine Corps covered by subsection (b) shall be retired on the first day of the month following the month in which 

the officer becomes 64 years of age. 

(b) COVERED OFFICERS.—This section applies to the following 

officers: 

(1) An officer who is a permanent professor or the director 

of admissions of the United States Military Academy. 

(2) An officer who is a permanent professor at the United 

States Naval Academy. 

(3) An officer who is a permanent professor or the registrar 

of the United States Air Force Academy. 

(Added Pub. L. 109–163, div. A, title V, Sec. 509(c)(1), Jan. 6, 2006, 119 Stat. 3230.) 

§ 1253. Age 64: Regular commissioned officers in general 

and flag officer grades; exception 

(a) GENERAL RULE.—Unless retired or separated earlier, each 

regular commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in a general or flag officer grade shall be retired 

on the first day of the month following the month in which the officer becomes 64 years of age. 

(b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSITIONS.—In the case of an officer serving in a position that carries 

a grade above major general or rear admiral, the retirement under 

subsection (a) of that officer may be deferred— 

(1) by the President, but such a deferment may not extend 

beyond the first day of the month following the month in which 

the officer becomes 68 years of age; or 

(2) by the Secretary of Defense, but such a deferment may 

not extend beyond the first day of the month following the 

month in which the officer becomes 66 years of age. 

(Added Pub. L. 109–364, div. A, title V, Sec. 502(a), Oct. 17, 2006, 120 Stat. 2176.) 
[§ 1255 CH. 63—RETIREMENT FOR AGE 718 

[§ 1255. Repealed. Pub. L. 90–130, Sec. 1(6), Nov. 8, 1967, 81 

Stat. 374] 

§ 1263. Age 62: warrant officers 

(a) Unless retired under section 1305 of this title, a permanent 

regular warrant officer who has at least 20 years of active service 

that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 580 

note), and who is at least 62 years of age, shall be retired 60 days 

after he becomes that age, except as provided by section 8301 of 

title 5. 

(b) The Secretary concerned may defer, for not more than four 

months, the retirement under subsection (a) of any warrant officer 

if, because of unavoidable circumstances, evaluation of his physical 

condition and determination of his entitlement to retirement or 

separation for physical disability require hospitalization or medical 

observation that cannot be completed before the date when he 

would otherwise be required to retire under this section. 

(Aug. 10, 1956 ch. 1041, 70A Stat. 101; Pub. L. 89–718, Sec. 3, Nov. 2, 1966, 80 Stat. 1115; 

Pub. L. 90–130, Sec. 1(6), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, Sec. 511(46), Dec. 

12, 1980, 94 Stat. 2924; Pub. L. 102–484, div. A, title X, Sec. 1052(17), Oct. 23, 1992, 106 Stat. 

2500.) 

§ 1275. Computation of retired pay: law applicable 

A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 101.) 
719 

CHAPTER 65—RETIREMENT OF WARRANT OFFICERS 

FOR LENGTH OF SERVICE 

Sec. 

1293. Twenty years or more: warrant officers. 

1305. Thirty years or more: regular warrant officers. 

1315. Computation of retired pay: law applicable. 

§ 1293. Twenty years or more: warrant officers 

The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be 

credited to him under section 511 of the Career Compensation Act 

of 1949, as amended (70 Stat. 114). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, Sec. 6(f)(3), Sept. 7, 1962, 76 Stat. 494.) 

§ 1305. Thirty years or more: regular warrant officers 

(a)(1) A regular warrant officer (other than a regular Army 

warrant officer) who has at least 30 years of active service that 

could be credited to the officer under section 511 of the Career 

Compensation Act of 1949, as amended (70 Stat. 114) shall be retired 60 days after the date on which he completes that service, except as provided by section 8301 of title 5. 

(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include 

only years of active service as a warrant officer. 

(b) The Secretary concerned may defer, for not more than four 

months, the retirement under subsection (a) of any warrant officer 

if, because of unavoidable circumstances, evaluation of his physical 

condition and determination of his entitlement to retirement or 

separation for physical disability require hospitalization or medical 

observation that cannot be completed before the date when he 

would otherwise be required to retire under this section. 

(c) Under such regulations as he may prescribe, the Secretary 

concerned may defer the retirement under subsection (a) of any 

warrant officer upon the recommendation of a board of officers and 

with the consent of the warrant officer, but not later than 60 days 

after he becomes 62 years of age. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 101; Pub. L. 87–649, Sec. 6(f)(3), Sept. 7, 1962, 76 Stat. 494; 

Pub. L. 89–718, Sec. 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 102–190, div. A, title XI, Sec. 1116, 

Dec. 5, 1991, 105 Stat. 1503; Pub. L. 109–364, div. A, title V, Sec. 505(c), Oct. 17, 2006, 120 

Stat. 2179; Pub. L. 110–417, [div. A], title V, Sec. 501, Oct. 14, 2008, 122 Stat. 4432.) 

§ 1315. Computation of retired pay: law applicable 

A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 101.) 
720 

CHAPTER 67—RETIRED PAY FOR NON-REGULAR 

SERVICE 

Sec. 

1331. Reference to chapter 1223. 

§ 1331. Reference to chapter 1223 

Provisions of law relating to retired pay for nonregular service 

are set forth in chapter 1223 of this title (beginning with section 

12731). 

(Added Pub. L. 103–337, div. A, title XVI, Sec. 1662(j)(7), Oct. 5, 1994, 108 Stat. 3005.) 
721 

CHAPTER 69—RETIRED GRADE 

Sec. 

1370. Commissioned officers: general rule; exceptions. 

1371. Warrant officers: general rule. 

1372. Grade on retirement for physical disability: members of armed forces. 

1373. Higher grade for later physical disability: retired officers recalled to active 

duty. 

[1374. Repealed.] 

1375. Entitlement to commission: commissioned officers advanced on retired list. 

1376. Temporary disability retired lists. 

§ 1370. Commissioned officers: general rule; exceptions 

(a) RULE FOR RETIREMENT IN HIGHEST GRADE HELD SATISFAC- TORILY.—(1) Unless entitled to a higher retired grade under some 

other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine 

Corps who retires under any provision of law other than chapter 

61 or chapter 1223 of this title shall, except as provided in paragraph (2), be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. 

(2)(A) In order to be eligible for voluntary retirement under 

any provision of this title in a grade above major or lieutenant commander, a commissioned officer of the Army, Navy, Air Force, or 

Marine Corps must have served on active duty in that grade for 

not less than three years, except that the Secretary of Defense may 

authorize the Secretary of a military department to reduce such period to a period not less than two years. 

(B) In the case of an officer to be retired in a general or flag 

officer grade, authority provided by the Secretary of Defense to the 

Secretary of a military department under subparagraph (A) may be 

exercised with respect to that officer only if approved by the Secretary of Defense or another civilian official in the Office of the Secretary of Defense appointed by the President, by and with the advice and consent of the Senate. 

(C) Authority provided by the Secretary of Defense to the Secretary of a military department under subparagraph (A) may be 

delegated within that military department only to a civilian official 

of that military department appointed by the President, by and 

with the advice and consent of the Senate. 

(D) The President may waive subparagraph (A) in individual 

cases involving extreme hardship or exceptional or unusual circumstances. The authority of the President under the preceding 

sentence may not be delegated. 

(E) In the case of a grade below the grade of lieutenant general 

or vice admiral, the number of members of one of the armed forces 

in that grade for whom a reduction is made during any fiscal year 

in the period of service-in-grade otherwise required under this 

paragraph may not exceed the number equal to two percent of the 
§ 1370 CH. 69—RETIRED GRADE 722 

authorized active-duty strength for that fiscal year for officers of 

that armed force in that grade. 

(F) Notwithstanding subparagraph (E), during the period ending on December 31, 2007, the number of lieutenant colonels and 

colonels of the Air Force, and the number of commanders and captains of the Navy, for whom a reduction is made under this section 

during any fiscal year in the period of service-in-grade otherwise 

required under this paragraph may not exceed four percent of the 

authorized active-duty strength for that fiscal year for officers of 

that armed force in that grade. 

(3) A reserve or temporary officer who is notified that he will 

be released from active duty without his consent and thereafter requests retirement under section 3911, 6323, or 8911 of this title 

and is retired pursuant to that request is considered for purposes 

of this section, to have been retired involuntarily. An officer retired 

pursuant to section 1186(b)(1) of this title is considered for purposes of this section to have been retired voluntarily. 

(b) RETIREMENT IN NEXT LOWER GRADE.—An officer whose 

length of service in the highest grade he held while on active duty 

does not meet the service in grade requirements specified in subsection (a) shall be retired in the next lower grade in which he 

served on active duty satisfactorily, as determined by the Secretary 

of the military department concerned, for not less than six months. 

(c) OFFICERS IN O–9 AND O–10 GRADES.—(1) An officer who is 

serving in or has served in the grade of general or admiral or lieutenant general or vice admiral may be retired in that grade under 

subsection (a) only after the Secretary of Defense certifies in writing to the President and Congress that the officer served on active 

duty satisfactorily in that grade. 

(2) In the case of an officer covered by paragraph (1), the threeyear service-in-grade requirement in paragraph (2)(A) of subsection 

(a) may not be reduced or waived under that subsection— 

(A) while the officer is under investigation for alleged misconduct; or 

(B) while there is pending the disposition of an adverse 

personnel action against the officer for alleged misconduct. 

(3)(A) The Secretary of Defense may delegate authority to 

make a certification with respect to an officer under paragraph (1) 

only to the Under Secretary of Defense for Personnel and Readiness or the Deputy Under Secretary of Defense for Personnel and 

Readiness. 

(B) If authority is delegated under subparagraph (A) and, in 

the course of consideration of an officer for a certification under 

paragraph (1), the Under Secretary or (if such authority is delegated to both the Under and Deputy Under Secretary) the Deputy 

Under Secretary makes a determination described in subparagraph 

(C) with respect to that officer, the Under Secretary or Deputy 

Under Secretary, as the case may be, may not exercise the delegated authority in that case, but shall refer the matter to the Secretary of Defense, who shall personally determine whether to issue 

a certification under paragraph (1) with respect to that officer. 

(C) A determination referred to in subparagraph (B) is a determination that there is potentially adverse information concerning 

an officer and that such information has not previously been sub-
723 § 1370 CH. 69—RETIRED GRADE 

mitted to the Senate in connection with the consideration by the 

Senate of a nomination of that officer for an appointment for which 

the advice and consent of the Senate is required. 

(d) RESERVE OFFICERS.—(1) Unless entitled to a higher grade, 

or to credit for satisfactory service in a higher grade, under some 

other provision of law, a person who is entitled to retired pay under 

chapter 1223 of this title shall, upon application under section 

12731 of this title, be credited with satisfactory service in the highest grade in which that person served satisfactorily at any time in 

the armed forces, as determined by the Secretary concerned in accordance with this subsection. 

(2) In order to be credited with satisfactory service in an officer 

grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, a person covered by paragraph (1) 

must have served satisfactorily in that grade (as determined by the 

Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active 

duty, for not less than six months. 

(3)(A) In order to be credited with satisfactory service in an officer grade above major or lieutenant commander, a person covered 

by paragraph (1) must have served satisfactorily in that grade (as 

determined by the Secretary of the military department concerned) 

as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years. 

(B) A person covered by subparagraph (A) who has completed 

at least six months of satisfactory service in grade may be credited 

with satisfactory service in the grade in which serving at the time 

of transfer or discharge, notwithstanding failure of the person to 

complete three years of service in that grade, if that person is 

transferred from an active status or discharged as a reserve commissioned officer— 

(i) solely due to the requirements of a nondiscretionary 

provision of law requiring that transfer or discharge due to the 

person’s age or years of service; or 

(ii) because the person no longer meets the qualifications 

for membership in the Ready Reserve solely because of a physical disability, as determined, at a minimum, by a medical 

evaluation board and at the time of such transfer or discharge 

such person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section 

12731(a) of this title for eligibility for retired pay under chapter 1223 of this title, unless the disability is described in section 12731b of this title. 

(C) If a person covered by subparagraph (A) has completed at 

least six months of satisfactory service in grade, the person was 

serving in that grade while serving in a position of adjutant general required under section 314 of title 32 or while serving in a position of assistant adjutant general subordinate to such a position 

of adjutant general, and the person has failed to complete three 

years of service in that grade solely because the person’s appointment to such position has been terminated or vacated as described 

in section 324(b) of such title, then such person may be credited 

with satisfactory service in that grade, notwithstanding the failure 

to complete three years of service in that grade. 
§ 1370 CH. 69—RETIRED GRADE 724 

(D) To the extent authorized by the Secretary of the military 

department concerned, a person who, after having been recommended for promotion in a report of a promotion board but before being promoted to the recommended grade, served in a position for which that grade is the minimum authorized grade may be 

credited for purposes of subparagraph (A) as having served in that 

grade for the period for which the person served in that position 

while in the next lower grade. The period credited may not include 

any period before the date on which the Senate provides advice and 

consent for the appointment of that person in the recommended 

grade. 

(E) To the extent authorized by the Secretary of the military 

department concerned, a person who, after having been found 

qualified for Federal recognition in a higher grade by a board 

under section 307 of title 32, serves in a position for which that 

grade is the minimum authorized grade and is appointed as a reserve officer in that grade may be credited for the purposes of subparagraph (A) as having served in that grade. The period of the 

service for which credit is afforded under the preceding sentence 

may only be the period for which the person served in the position 

after the Senate provides advice and consent for the appointment. 

(F) A person covered by subparagraph (A) who has completed 

at least six months of satisfactory service in a grade above colonel 

or (in the case of the Navy) captain and, while serving in an active 

status in such grade, is involuntarily transferred (other than for 

cause) from active status may be credited with satisfactory service 

in the grade in which serving at the time of such transfer, notwithstanding failure of the person to complete three years of service in 

that grade. 

(4) A person whose length of service in the highest grade held 

does not meet the service in grade requirements specified in this 

subsection shall be credited with satisfactory service in the next 

lower grade in which that person served satisfactorily (as determined by the Secretary of the military department concerned) for 

not less than six months. 

(5)(A) The Secretary of Defense may authorize the Secretary of 

a military department to reduce the 3-year period required by 

paragraph (3)(A) to a period not less than two years. 

(B) In the case of a person who, upon transfer to the Retired 

Reserve or discharge, is to be credited with satisfactory service in 

a general or flag officer grade under paragraph (1), authority provided by the Secretary of Defense to the Secretary of a military department under subparagraph (A) may be exercised with respect to 

that person only if approved by the Secretary of Defense or another 

civilian official in the Office of the Secretary of Defense appointed 

by the President, by and with the advice and consent of the Senate. 

(C) Authority provided by the Secretary of Defense to the Secretary of a military department under subparagraph (A) may be 

delegated within that military department only to a civilian official 

of that military department appointed by the President, by and 

with the advice and consent of the Senate. 

(6) The number of reserve commissioned officers of an armed 

force in the same grade for whom a reduction is made during any 

fiscal year in the period of service-in-grade otherwise required 
725 § 1372 CH. 69—RETIRED GRADE 

under paragraph (5) may not exceed the number equal to 2 percent 

of the strength authorized for that fiscal year for reserve commissioned officers of that armed force in an active status in that grade. 

(e) ADVANCE NOTICE TO CONGRESSIONAL COMMITTEES.—(1) In 

the case of an officer to be retired in a grade that is a general or 

flag officer grade who is eligible to retire in that grade only by reason of an exercise of authority under paragraph (2) of subsection 

(a) to reduce the three-year service-in-grade requirement otherwise 

applicable under that paragraph, the Secretary of Defense, before 

the officer is retired in that grade, shall notify the Committee on 

Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the exercise of authority 

under that paragraph with respect to that officer. 

(2) In the case of a person to be credited under subsection (d) 

with satisfactory service in a grade that is a general or flag officer 

grade who is eligible to be credited with such service in that grade 

only by reason of an exercise of authority under paragraph (5) of 

that subsection to reduce the three-year service-in-grade requirement otherwise applicable under paragraph (3)(A) of that subsection, the Secretary of Defense, before the person is credited with 

such satisfactory service in that grade, shall notify the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives of the exercise of authority under paragraph (5) of that subsection with respect to that officer. 

(3) In the case of an officer to whom subsection (c) applies, the 

requirement for notification under paragraph (1) is satisfied if the 

notification is included in the certification submitted with respect 

to that officer under paragraph (1) of such subsection. 

(Added Pub. L. 96–513, title I, Sec. 112, Dec. 12, 1980, 94 Stat. 2876; amended Pub. L. 101– 

510, div. A, title V, Sec. 522, Nov. 5, 1990, 104 Stat. 1561; Pub. L. 103–160, div. A, title V, 

Sec. 561(d), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 103–337, div. A, title XVI, Sec. 1641, 

1671(c)(7)(B), Oct. 5, 1994, 108 Stat. 2968, 3014; Pub. L. 104–106, div. A, title V, Sec. 502(a), 

(b), (f), (g), Feb. 10, 1996, 110 Stat. 292, 293; Pub. L. 104–201, div. A, title V, Sec. 544(a), Sept. 

23, 1996, 110 Stat. 2522; Pub. L. 105–261, div. A, title V, Secs. 512(a), 513(a), 561(d), (o), Oct. 

17, 1998, 112 Stat. 2007, 2025, 2026; Pub. L. 106–65, div. A, title X, Sec. 1066(a)(9), (b)(3), Oct. 

5, 1999, 113 Stat. 770, 772; Pub. L. 106–398, Sec. 1[[div. A], title V, Sec. 571(d)], Oct. 30, 2000, 

114 Stat. 1654, 1654A–134; Pub. L. 107–107, div. A, title V, Secs. 502, 514, Dec. 28, 2001, 115 

Stat. 1080, 1093; Pub. L. 107–314, title V, Sec. 505, Dec. 2, 2002, 116 Stat. 2533; Pub. L. 108– 

136, div. A, title V, Sec. 506, Nov. 24, 2003, 117 Stat. 1457; Pub. L. 109–163, div. A, title V, 

Sec. 501, Jan. 6, 2006, 119 Stat. 3225.) 

§ 1371. Warrant officers: general rule 

Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served 

on active duty satisfactorily, as determined by the Secretary, for a 

period of more than 30 days. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 104.) 

§ 1372. Grade on retirement for physical disability: members 

of armed forces 

Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for 

physical disability under section 1201 or 1204 of this title, or whose 
§ 1373 CH. 69—RETIRED GRADE 726 

name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent 

to the highest of the following: 

(1) The grade or rank in which he is serving on the date 

when his name is placed on the temporary disability retired 

list or, if his name was not carried on that list, on the date 

when he is retired. 

(2) The highest temporary grade or rank in which he 

served satisfactorily, as determined by the Secretary of the 

armed force from which he is retired. 

(3) The permanent regular or reserve grade to which he 

would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as 

a result of a physical examination. 

(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he 

is retired, if eligibility for that promotion was required to be 

based on cumulative years of service or years of service in 

grade and the disability was discovered as a result of a physical examination. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 104–201, div. A, title V, Sec. 577, Sept. 23, 

1996, 110 Stat. 2536.) 

§ 1373. Higher grade for later physical disability: retired officers recalled to active duty 

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, Sec. 813(b)(3)(C), Sept. 8, 

1980, 94 Stat. 1104.) 

[§ 1374. Repealed. Pub. L. 103–337, div. A, title XVI, Sec. 

1662(k)(2), Oct. 5, 1994, 108 Stat. 3006] 

§ 1375. Entitlement to commission: commissioned officers 

advanced on retired list 

A commissioned officer of the Army, Navy, Air Force, or Marine Corps who is advanced on a retired list is entitled to a commission in the grade to which he is advanced. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 105.) 

§ 1376. Temporary disability retired lists 

The Secretary concerned shall maintain a temporary disability 

retired list containing the names of members of the armed forces 

under his jurisdiction placed thereon under sections 1202 and 1205 

of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 85–861, Sec. 1(31), Sept. 2, 1958, 72 Stat. 1451; 

Pub. L. 103–337, div. A, title XVI, Sec. 1662(k)(3), Oct. 5, 1994, 108 Stat. 3006.) 
727 

1So in original. Column 4 has been struck out. 

CHAPTER 71—COMPUTATION OF RETIRED PAY 

Sec. 

1401. Computation of retired pay. 

1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer 

Price Index. 

1402. Recomputation of retired or retainer pay to reflect later active duty of 

members who first became members before September 8, 1980. 

1402a. Recomputation of retired or retainer pay to reflect later active duty of 

members who first became members after September 7, 1980. 

1403. Disability retired pay: treatment under Internal Revenue Code of 1986. 

1404. Applicability of section 8301 of title 5. 

1405. Years of service. 

1406. Retired pay base for members who first became members before September 8, 1980: final basic pay. 

1407. Retired pay base for members who first became members after September 

7, 1980: high-36 month average. 

1407a. Retired pay base: officers retired in general or flag officer grades. 

1408. Payment of retired or retainer pay in compliance with court orders. 

1409. Retired pay multiplier. 

1410. Restoral of full retirement amount at age 62 for certain members entering 

on or after August 1, 1986. 

1411. Rules of construction. 

1412. Administrative provisions. 

[1413. Repealed.] 

1413a. Combat-related special compensation. 

1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation. 

§ 1401. Computation of retired pay 

(a) DISABILITY, NON-REGULAR SERVICE, WARRANT OFFICER, 

AND DOPMA RETIREMENT.—The monthly retired pay of a person 

entitled thereto under this subtitle is computed according to the 

following table. For each case covered by a section of this title 

named in the column headed ‘‘For sections’’, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, 3, and 4,1 as modified by the applicable footnotes. 
§ 1401 CH. 71—COMPUTATION OF RETIRED PAY 728 Column 1 Column 2 Column 3 Formula No. For sec- tions Take Multiply by Add 1 1201 1204 Retired pay base as computed under section 1406(b) or 1407. As member elects— (1) 21⁄2% of years of service credited to him under section 1208;1 or (2) the percentage of disability, not to ex- ceed 75%, on date when retired. NOT APPLICABLE 2 1202 1205 Retired pay base as computed under section 1406(b) or 1407. As member elects— (1) 21⁄2% of years of service credited to him under section 1208;1 or (2) the percentage of disability, not to ex- ceed 75%, on date when his name was placed on temporary disability retired list. Amount necessary to increase prod- uct of columns 1 and 2 to 50% of retired pay base upon which com- putation is based. 4 580 1263 1293 1305 Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405. NOT APPLICABLE 5 633 634 635 636 1251 1252 1253 Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405. NOT APPLICABLE 

1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 
729 § 1401a CH. 71—COMPUTATION OF RETIRED PAY 

(b) USE OF MOST FAVORABLE FORMULA.—If a person would otherwise be entitled to retired pay computed under more than one 

formula of the table in subsection (a) or of any other provision of 

law, the person is entitled to be paid under the applicable formula 

that is most favorable to him. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 106; Pub. L. 85–422, Sec. 6(7), 11(a)(2), May 20, 1958, 72 

Stat. 129, 131; Pub. L. 88–132, Sec. 5(h)(1), Oct. 2, 1963, 77 Stat. 214; Pub. L. 89–132, Sec. 6, 

Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–207, Sec. 3(1), Dec. 16, 1967, 81 Stat. 653; Pub. L. 92– 

455, Sec. 1, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, Sec. 813(b)(1), Sept. 8, 1980, 

94 Stat. 1102; Pub. L. 96–513, title I, Sec. 113(a), title V, Sec. 511(49), Dec. 12, 1980, 94 Stat. 

2876, 2924; Pub. L. 98–94, title IX, Sec. 922(a)(1), 923(a)(1), (2)(A), Sept. 24, 1983, 97 Stat. 641, 

642; Pub. L. 98–557, Sec. 35(b), Oct. 30, 1984, 98 Stat. 2877; Pub. L. 99–348, title II, Sec. 201(a), 

July 1, 1986, 100 Stat. 691; Pub. L. 102–484, div. A, title X, Sec. 1052(18), Oct. 23, 1992, 106 

Stat. 2500; Pub. L. 103–337, div. A, title XVI, Sec. 1662(j)(2), Oct. 5, 1994, 108 Stat. 3004; Pub. 

L. 109–163, div. A, title V, Sec. 509(d)(1)(A), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 109–364, div. 

A, title V, Sec. 502(d)(1), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 111–383, div. A, title VI, Sec. 

631(a), Jan. 7, 2011, 124 Stat. 4239.) 

§ 1401a. Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index 

(a) PROHIBITION ON RECOMPUTATION TO REFLECT INCREASES IN

BASIC PAY.—Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may 

not be recomputed to reflect any increase in the rates of basic pay 

for members of the armed forces. 

(b) COST-OF-LIVING ADJUSTMENTS BASED ON CPI INCREASES.— 

(1) INCREASE REQUIRED.—Effective on December 1 of each 

year, the Secretary of Defense shall increase the retired pay of 

members and former members entitled to that pay in accordance with paragraphs (2) and (3). 

(2) PERCENTAGE INCREASE.—The Secretary shall increase 

the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by 

which— 

(A) the price index for the base quarter of that 

year, exceeds 

(B) the base index. 

(3) REDUCED PERCENTAGE FOR CERTAIN POST-AUGUST 1, 

1986 MEMBERS.—If the percent determined under paragraph (2) 

is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to 

receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 

2008) or section 354 of title 37, by the difference between— 

(A) the percent determined under paragraph (2); and 

(B) 1 percent. 

(4) SPECIAL RULE FOR PARAGRAPH (3).—If in any case in 

which an increase in retired pay that would otherwise be made 

under paragraph (3) is not made by reason of law (other than 

any provision of this section), then (unless otherwise provided 

by law) when the next increase in retired pay is made under 

this subsection, the increase under paragraph (3) shall be carried out so as to achieve the same net increase in retired pay 

under that paragraph that would have been the case if that 

law had not been enacted. 
§ 1401a CH. 71—COMPUTATION OF RETIRED PAY 730 

(5) REGULATIONS.—Any increase in retired pay under this 

subsection shall be made in accordance with regulations prescribed by the Secretary of Defense. 

(c) FIRST COLA ADJUSTMENT FOR MEMBERS WITH RETIRED PAY

COMPUTED USING FINAL BASIC PAY.— 

(1) FIRST ADJUSTMENT WITH INTERVENING INCREASE IN

BASIC PAY.—Notwithstanding subsection (b) but subject to subsection (f)(2), if a person described in paragraph (3) becomes 

entitled to retired pay based on rates of monthly basic pay that 

became effective after the last day of the calendar quarter of 

the base index, the retired pay of the member or former member shall be increased on the effective date of the next adjustment of retired pay under subsection (b) only by the percent 

(adjusted to the nearest one-tenth of 1 percent) by which— 

(A) the price index for the base quarter of that year, 

exceeds 

(B) the price index for the calendar quarter immediately before the calendar quarter in which the rates of 

monthly basic pay on which the retired pay is based became effective. 

(2) FIRST ADJUSTMENT WITH NO INTERVENING INCREASE IN

BASIC PAY.—If a person described in paragraph (3) becomes entitled to retired pay on or after the effective date of an adjustment in retired pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay, 

the retired pay of the member or former member shall be increased (subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of 

basic pay in the most recent adjustment under this section), effective on the date the member becomes entitled to that pay, 

by the percent (adjusted to the nearest one-tenth of 1 percent) 

by which— 

(A) the base index, exceeds (B) the price index for the 

calendar quarter immediately before the calendar quarter 

in which the rates of monthly basic pay on which the retired pay is based became effective. 

(3) MEMBERS COVERED.—Paragraphs (1) and (2) apply to a 

member or former member of an armed force who first became 

a member of a uniformed service before August 1, 1986, and 

whose retired pay base is determined under section 1406 of 

this title. 

(d) FIRST COLA ADJUSTMENT FOR MEMBERS WITH RETIRED

PAY COMPUTED USING HIGH-THREE.—Notwithstanding subsection 

(b) but subject to subsection (f)(2), the retired pay of a member or 

former member of an armed force who first became a member of 

a uniformed service before August 1, 1986, or on or after August 

1, 1986, if the member or former member did not elect to receive 

a bonus under section 322 (as in effect before the enactment of the 

National Defense Authorization Act for Fiscal Year 2008) or section 

354 of title 37 and whose retired pay base is determined under section 1407 of this title shall be increased on the effective date of the 

first adjustment of retired pay under subsection (b) after the member or former member becomes entitled to retired pay by the per-
731 § 1401a CH. 71—COMPUTATION OF RETIRED PAY 

cent (adjusted to the nearest one-tenth of 1 percent) equal to the 

difference between the percent by which— 

(1) the price index for the base quarter of that year, exceeds 

(2) the price index for the calendar quarter immediately 

before the calendar quarter during which the member became 

entitled to retired pay. 

(e) PRO RATING OF INITIAL ADJUSTMENT.—Notwithstanding 

subsection (b) but subject to subsection (f)(2), the retired pay of a 

member or former member of an armed force who first became a 

member of a uniformed service on or after August 1, 1986, and 

elected to receive a bonus under section 322 (as in effect before the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2008) or section 354 of title 37 shall be increased on the effective date of the first adjustment of retired pay under subsection (b) 

after the member or former member becomes entitled to retired pay 

by the percent (adjusted to the nearest one-tenth of 1 percent) 

equal to the difference between— 

(1) the percent by which— 

(A) the price index for the base quarter of that year, 

exceeds 

(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and 

(2) one-fourth of 1 percent for each calendar quarter from 

the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A). 

If in any case the percent described in paragraph (2) exceeds the 

percent determined under paragraph (1), such an increase shall not 

be made. 

(f) PREVENTION OF PAY INVERSIONS.— (1) PREVENTION OF RETIRED PAY INVERSIONS.—Notwithstanding any other provision of law, the monthly retired pay 

of a member or a former member of an armed force who initially became entitled to that pay on or after January 1, 1971, 

may not be less than the monthly retired pay to which he 

would be entitled if he had become entitled to retired pay at 

an earlier date based on the grade in which the member is retired, adjusted to reflect any applicable increases in such pay 

under this section. In computing the amount of retired pay to 

which such a member or former member would have been entitled on that earlier date, the computation shall be based on his 

grade, length of service, and the rate of basic pay applicable to 

him at that time, except that such computation may not be 

based on a rate of basic pay for a grade higher than the grade 

in which the member is retired. This subsection does not authorize any increase in the monthly retired pay to which a 

member was entitled for any period before October 7, 1975. 

(2) PREVENTION OF COLA INVERSIONS.—The percentage of 

the first adjustment under this section in the retired pay of 

any person, as determined under subsection (c)(1), (c)(2), (d), or 

(e), may not exceed the percentage increase in retired pay determined under subsection (b)(2) that is effective on the same 

date as the effective date of such first adjustment. 
§ 1402 CH. 71—COMPUTATION OF RETIRED PAY 732 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘price index’’ means the Consumer Price 

Index (all items, United States city average) published by the 

Bureau of Labor Statistics. 

(2) The term ‘‘base quarter’’ means the calendar quarter 

ending on September 30 of each year. 

(3) The term ‘‘base index’’ means the price index for the 

base quarter for the most recent adjustment under subsection 

(b). 

(4) The term ‘‘retired pay’’ includes retainer pay. 

(h) PRICE INDEX FOR A QUARTER.—For purposes of this section, 

the price index for a calendar quarter is the arithmetical mean of 

the price index for the three months comprising that quarter. 

(Added Pub. L. 88–132, Sec. 5(g)(1), Oct. 2, 1963, 77 Stat. 213; amended Pub. L. 89–132, Sec. 

5(b), Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–207, Sec. 2(a)(1), Dec. 16, 1967, 81 Stat. 652; Pub. 

L. 91–179, Sec. 1, Dec. 30, 1969, 83 Stat. 837; Pub. L. 94–106, title VIII, Sec. 806, Oct. 7, 1975, 

89 Stat. 538; Pub. L. 94–361, title VIII, Sec. 801(a), July 14, 1976, 90 Stat. 929; Pub. L. 94– 

440, title XIII, Sec. 1306(d)(1), Oct. 1, 1976, 90 Stat. 1462; Pub. L. 96–342, title VIII, Sec. 

812(b)(1), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 98–94, title IX, Sec. 921(a)(1), (b), 922(a)(2), Sept. 

24, 1983, 97 Stat. 640, 641; Pub. L. 98–525, title XIV, Sec. 1405(26), Oct. 19, 1984, 98 Stat. 

2623; Pub. L. 99–348, title I, Sec. 102, July 1, 1986, 100 Stat. 683; Pub. L. 100–180, div. A, 

title XII, Sec. 1231(21), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100–224, Sec. 1, Dec. 30, 1987, 

101 Stat. 1536; Pub. L. 100–456, div. A, title VI, Sec. 622(a), Sept. 29, 1988, 102 Stat. 1983; 

Pub. L. 101–189, div. A, title VI, Sec. 651(b)(1), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103– 

66, title II, Sec. 2001, Aug. 10, 1993, 107 Stat. 335; Pub. L. 103–160, div. A, title XI, Sec. 

1182(e), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 103–335, title VIII, Sec. 8114A(b)(1), Sept. 30, 

1994, 108 Stat. 2648; Pub. L. 103–337, div. A, title VI, Sec. 633(a), Oct. 5, 1994, 108 Stat. 2787; 

Pub. L. 104–106, div. A, title VI, Sec. 631(a), (c), Feb. 10, 1996, 110 Stat. 364, 365; Pub. L. 104– 

201, div. A, title VI, Secs. 631(a), 632(a), Sept. 23, 1996, 110 Stat. 2549; Pub. L. 106–65, div. 

A, title VI, Secs. 641(b), 643(b)(1), title X, Sec. 1066(a)(10), Oct. 5, 1999, 113 Stat. 662, 663, 771; 

Pub. L. 107–314, div. A, title VI, Sec. 633, Dec. 2, 2002, 116 Stat. 2572; Pub. L. 110–181, div. 

A, title VI, Sec. 661(b)(3), Jan. 28, 2008, 122 Stat. 178.) 

§ 1402. Recomputation of retired or retainer pay to reflect 

later active duty of members who first became 

members before September 8, 1980 

(a) A member of an armed force who first became a member 

of a uniformed service before September 8, 1980, and who has become entitled to retired pay or retainer pay, and who thereafter 

serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that 

duty according to the following table. 

Column 1 Column 2 

Take Multiply by 

Monthly basic pay 1 of the grade in which he would 

be eligible— 

(1) to retire if he were retiring upon that release from active duty; or 

(2) to transfer to the Fleet Reserve or Fleet 

Marine Corps Reserve if he were transferring to 

either upon that release from active duty. 

21⁄2 percent of the sum of— 

(1) the years of service that may be 

credited to him in computing retired pay 

or retainer pay; and 

(2) his years of active service after becoming entitled to retired pay or retainer pay.2

1For a member who has been entitled, for continuous period of at least two years, to basic pay under the 

rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who 

has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, 

but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in 

effect upon that release from active duty. For any other member, compute under the rates of basic pay under 

which the member’s retired pay or retainer pay was computed when he entered on that active duty. 2 Before applying percentage factor, credit each full month of service that is in addition to the number of full 

years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part 

of a month. 

However, an officer who was ordered to active duty (other than for 

training) in the grade that he holds on the retired list under former 
733 § 1402 CH. 71—COMPUTATION OF RETIRED PAY 

section 6150 of this title, or under any other law that authorized 

advancement on the retired list based upon a special commendation for the performance of duty in actual combat, may have his retired pay recomputed under this subsection on the basis of the rate 

of basic pay applicable to that grade upon his release from that active duty only if he has been entitled, for a continuous period of at 

least three years, to basic pay at that rate. If, upon his release 

from that active duty, he has been entitled to the basic pay of that 

grade for a continuous period of at least three years, but he does 

not qualify under the preceding sentence, he may have his retired 

pay recomputed under this subsection on the basis of the rate of 

basic pay prescribed for that grade by the rates of basic pay replaced by those in effect upon his release from that duty. 

(b) A member of an armed force who first became a member 

of a uniformed service before September 8, 1980, and who has been 

retired other than for physical disability, and who while on active 

duty incurs a physical disability of at least 30 percent for which he 

would otherwise be eligible for retired pay under chapter 61 of this 

title, is entitled, upon his release from active duty, to retired pay 

under subsection (d). 

(c) A member of an armed force who first became a member 

of a uniformed service before September 8, 1980, and who— 

(1) was retired for physical disability under section 1201 or 

1204 of this title or any other law or whose name is on the 

temporary disability retired list; 

(2) incurs, while on active duty after retirement or after 

his name was placed on that list, a physical disability that is 

in addition to or that aggravates the physical disability for 

which he was retired or for which his name was placed on the 

temporary disability retired list; and 

(3) is qualified under section 1201, 1202, 1204, or 1205 of 

this title; 

is entitled, upon his release from active duty, to retired pay under 

subsection (d). 

(d) A member of an armed force covered by subsection (b) or 

(c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under section 1401a of this title after he initially 

became entitled to that pay, or (2) retired pay computed according 

to the following table. 

Column 1 Column 2 Column 3 

Take Multiply by Add 

Highest monthly basic pay 

that member received 

while on active duty after 

retirement or after date 

when his name was 

placed on temporary disability retired list, as the 

case may be. 

As member elects— 

(1) 21⁄2% of years of service 

credited under section 1208 of this 

title; 1 or 

(2) the highest percentage of 

disability, not to exceed 75%, attained while after retirement or 

after the date when his name was 

placed on temporary disability retired list, as the case may be.1

Add amount necessary to 

increase product of columns 1 and 2 to 50% of 

pay upon which computation is based, if 

member is on temporary 

disability retired list. 

1 Before applying percentage factor, credit each full month of service that is in addition to the number of full 

years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part 

of a month. 
§ 1402a CH. 71—COMPUTATION OF RETIRED PAY 734 

If, while on active duty after retirement or after his name was 

placed on the temporary disability retired list, a member covered 

by this subsection was promoted to a higher grade in which he 

served satisfactorily, as determined by the Secretary concerned, he 

is entitled to retired pay based on the monthly basic pay to which 

he would be entitled if he were on active duty in that higher grade. 

(e) Notwithstanding subsection (a), a member covered by that 

subsection may elect, upon his release from active duty, to have his 

retired pay or retainer pay— 

(1) computed according to the formula set forth in subsection (a) but using the rate of basic pay under which his retired pay or retainer pay was computed when he entered on active duty; and 

(2) increased by any applicable adjustments in that pay 

under section 1401a of this title after he initially became entitled to that pay. 

(f)(1) In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served 

after retiring under section 3914 or 8914 of this title, the member’s 

retired pay as recomputed under another provision of this section 

shall be increased by 10 percent of the amount so recomputed if the 

member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty 

service in the armed forces. 

(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph 

(1) may not exceed the amount equal to 75 percent of the monthly 

rate of basic pay upon which the recomputation of such retired pay 

is based. 

(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 107; Pub. L. 86–559, Sec. 1(5), June 30, 1960, 74 Stat. 265; 

Pub. L. 88–132, Sec. 5(l)(1), Oct. 2, 1963, 77 Stat. 214; Pub. L. 90–207, Sec. 2(a)(2), Dec. 16, 

1967, 81 Stat. 653; Pub. L. 96–342, title VIII, Sec. 813(b)(2), Sept. 8, 1980, 94 Stat. 1102; Pub. 

L. 96–513, title V, Sec. 511(50), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98–94, title IX, Sec. 

922(a)(3), (4), 923(a)(1), (2)(B), (C), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 99–348, title II, 

Sec. 201(b)(3), title III, Sec. 304(a)(3), (b)(3), July 1, 1986, 100 Stat. 694, 703; Pub. L. 102–484, 

div. A, title VI, Sec. 642(a), Oct. 23, 1992, 106 Stat. 2424; Pub. L. 110–181, div. A, title VI, Sec. 

646(b), Jan. 28, 2008, 122 Stat. 160; Pub. L. 111–383, div. A, title VI, Sec. 631(b), Jan. 7, 2011, 

124 Stat. 4239.) 

§ 1402a. Recomputation of retired or retainer pay to reflect 

later active duty of members who first became 

members after September 7, 1980 

(a) IN GENERAL.—A member of an armed force— 

(1) who first became a member of a uniformed service after 

September 7, 1980; 

(2) who has become entitled to retired pay or retainer pay; 

and 

(3) who thereafter serves on active duty (other than for 

training), 

is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table. 
735 § 1402a CH. 71—COMPUTATION OF RETIRED PAY 

Column 1 Column 2 

Take Multiply by 

Retired pay base or retainer pay base under 

section 1407 which he would be entitled to 

use if— 

(1) he were retiring upon release from that 

active duty; or 

(2) he were transferring to the Fleet Reserve or Fleet Marine Corps Reserve upon 

that release from active duty. 

The retired pay multiplier or retainer pay multiplier prescribed in section 1409 for the sum 

of— 

(1) the years of service that may be credited to him in computing retired pay or retainer pay; and 

(2) his years of active service after becoming entitled to retired pay or retainer pay. 

(b) NEW DISABILITY INCURRED DURING LATER ACTIVE DUTY.— 

A member of an armed force who first became a member of a uniformed service after September 7, 1980, who has been retired other 

than for physical disability and who while on active duty incurs a 

physical disability of at least 30 percent for which he would otherwise be eligible for retired pay under chapter 61 of this title, is entitled, upon his release from active duty, to retired pay under subsection (d). 

(c) ADDITIONAL OR AGGRAVATED DISABILITY INCURRED DURING

LATER ACTIVE DUTY.—A member of an armed force who first became a member of a uniformed service after September 7, 1980, 

and who— 

(1) was retired for physical disability under section 1201 or 

1204 of this title or any other law or whose name is on the 

temporary disability retired list; 

(2) incurs, while on active duty after retirement or after 

his name was placed on the temporary disability retired list, 

a physical disability that is in addition to or that aggravates 

the physical disability for which he was retired or for which his 

name was placed on that list; and 

(3) is qualified under section 1201, 1202, 1204, or 1205 of 

this title; 

is entitled, upon his release from active duty, to retired pay under 

subsection (d). 

(d) COMPUTATION FOR LATER DISABILITY.—A member of an 

armed force covered by subsection (b) or (c) may elect to receive either (1) the retired pay to which he became entitled when he retired, increased by any applicable adjustments in that pay under 

section 1401a of this title after he initially became entitled to that 

pay, or (2) retired pay computed according to the following table. 

Column 1 Column 2 Column 3 

Take Multiply by Add 

The retired pay base computed under section 

1407(b) of this title. 

As member elects— 

(1) 21⁄2 percent of years of service credited under section 1208 of 

this title; 1 or 

(2) the highest percentage of 

disability, not to exceed 75 percent, attained while on active 

duty after retirement or after the 

date when his name was placed 

on temporary disability retired 

list, as the case may be. 

Amount necessary to increase product of columns 1 and 2 to 50 percent of pay upon which 

computation is based, if 

member is on temporary 

disability retired list. 

1 Before applying percentage factor, credit each full month of service that is in addition to the number of full 

years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part 

of a month. 
§ 1403 CH. 71—COMPUTATION OF RETIRED PAY 736 

(e) ALTERNATIVE RECOMPUTATION TO SUBSECTION (A) FORMULA.—Notwithstanding subsection (a), a member covered by that 

subsection may elect, upon his release from that active duty, to 

have his retired pay or retainer pay— 

(1) computed according to the formula set forth in subsection (a) but using the monthly retired pay base under which 

his retired pay or retainer pay was computed when he entered 

on that active duty; and 

(2) increased by any applicable adjustments in that pay 

under section 1401a of this title after he initially became entitled to that pay. 

(f) ADDITIONAL 10 PERCENT FOR CERTAIN ENLISTED MEMBERS

CREDITED WITH EXTRAORDINARY HEROISM.—(1) In the case of a 

member who is entitled to recompute retired pay under this section 

upon release from active duty served after retiring under section 

3914 or 8914 of this title, the member’s retired pay as recomputed 

under another provision of this section shall be increased by 10 

percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the 

line of duty during any period of active duty service in the armed 

forces. 

(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph 

(1) may not exceed the amount equal to 75 percent of the retired 

pay base upon which the recomputation of such retired pay is 

based. 

(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes. 

(Added Pub. L. 96–342, title VIII, Sec. 813(b)(3)(A), Sept. 8, 1980, 94 Stat. 1102; amended Pub. 

L. 96–513, title V, Sec. 511(51)(A), (B), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 98–94, title IX, 

Sec. 922(a)(5), (6), 923(a)(1), (2)(D), (E), Sept. 24, 1983, 97 Stat. 641, 642; Pub. L. 99–348, title 

II, Sec. 201(b)(1), (2), July 1, 1986, 100 Stat. 693; Pub. L. 102–484, div. A, title VI, Sec. 642(b), 

Oct. 23, 1992, 106 Stat. 2425; Pub. L. 111–383, div. A, title VI, Sec. 631(c), Jan. 7, 2011, 124 

Stat. 4239.) 

§ 1403. Disability retired pay: treatment under Internal Revenue Code of 1986 

That part of the retired pay of a member of an armed force, 

computed under formula No. 1 or 2 of section 1401, or under section 1402(d) or 1402a(d) of this title on the basis of years of service, 

which exceeds the retired pay that he would receive if it were computed on the basis of percentage of disability is not considered as 

a pension, annuity, or similar allowance for personal injury, or 

sickness, resulting from active service in the armed forces, under 

section 104(a) of the Internal Revenue Code of 1986. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 96–342, title VIII, Sec. 813(b)(3)(C), Sept. 8, 

1980, 94 Stat. 1104; Pub. L. 96–513, title V, Sec. 511(52)(A), (B), Dec. 12, 1980, 94 Stat. 2925; 

Pub. L. 100–26, Sec. 7(h)(1), (2)(A), Apr. 21, 1987, 101 Stat. 282.) 

§ 1404. Applicability of section 8301 of title 5 

The retirement provisions of this title are subject to section 

8301 of title 5. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 89–718, Sec. 3, Nov. 2, 1966, 80 Stat. 1115.) 
737 § 1406 CH. 71—COMPUTATION OF RETIRED PAY 

§ 1405. Years of service 

(a) IN GENERAL.—For the purposes of the computation of the 

years of service of a member of the armed forces under a provision 

of this title providing for such computation to be made under this 

section, the years of service of the member are computed by adding— 

(1) his years of active service; 

(2) the years of service, not included in clause (1), with 

which he was entitled to be credited on May 31, 1958, in computing his basic pay; and 

(3) the years of service, not included in clause (1) or (2), 

with which he would be entitled to be credited under section 

12733 of this title if he were entitled to retired pay under section 12731 of this title. 

(b) FRACTIONAL YEARS OF SERVICE.—In determining a member’s years of service under subsection (a)— 

(1) each full month of service that is in addition to the 

number of full years of service creditable to the member shall 

be credited as 1⁄12 of a year; and 

(2) any remaining fractional part of a month shall be disregarded. 

(c) EXCLUSION OF TIME REQUIRED TO BE MADE UP OR EX- CLUDED.—(1) Time required to be made up by an enlisted member 

of the Army or Air Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine 

Corps, or Coast Guard under that section with respect to a period 

of time after October 5, 1994, may not be counted in determining 

years of service under subsection (a). 

(2) Section 972(b) of this title excludes from computation of an 

officer’s years of service for purposes of this section any time identified with respect to that officer under that section. 

(Added Pub. L. 85–422, Sec. 11(a)(1)(A), May 20, 1958, 72 Stat. 130; amended Pub. L. 85–861, 

Sec. 1(31A), Sept. 2, 1958, 72 Stat. 1451; Pub. L. 87–649, Sec. 6(f)(4), Sept. 7, 1962, 76 Stat. 

494; Pub. L. 87–651, title I, Sec. 109, Sept. 7, 1962, 76 Stat. 509; Pub. L. 90–130, Sec. 1(7), 

Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title I, Sec. 113(b), Dec. 12, 1980, 94 Stat. 2877; 

Pub. L. 97–295, Sec. 1(17), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 99–348, title I, Sec. 106, July 

1, 1986, 100 Stat. 691; Pub. L. 103–337, div. A, title VI, Sec. 635(d), title XVI, Sec. 1662(j)(3), 

Oct. 5, 1994, 108 Stat. 2789, 3004; Pub. L. 104–106, div. A, title V, Sec. 561(d)(1), Feb. 10, 1996, 

110 Stat. 322; Pub. L. 104–201, div. A, title X, Sec. 1074(b)(1), Sept. 23, 1996, 110 Stat. 2660; 

Pub. L. 107–107, div. A, title X, Sec. 1048(c)(7), Dec. 28, 2001, 115 Stat. 1226.) 

§ 1406. Retired pay base for members who first became 

members before September 8, 1980: final basic pay 

(a) USE OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.— 

(1) GENERAL RULE.—The retired pay or retainer pay of any 

person entitled to that pay who first became a member of a 

uniformed service before September 8, 1980, is computed using 

the retired pay base or retainer pay base determined under 

this section. 

(2) EXCEPTION FOR RECOMPUTATION.—Recomputation of retired or retainer pay to reflect later active duty is provided for 

under section 1402 of this title without reference to a retired 

pay base or retainer pay base. 

(b) RETIREMENT UNDER SUBTITLE A OR E.— 

(1) DISABILITY, WARRANT OFFICER, AND DOPMA RETIRE- MENT.—In the case of a person whose retired pay is computed 
§ 1406 CH. 71—COMPUTATION OF RETIRED PAY 738 

under this subtitle, the retired pay base is determined in accordance with the following table. 

For a member entitled to retired pay under section: The retired pay base is: 

1201 

1202 

1204 

1205 

Monthly basic pay 1 of grade to which member 

is entitled under section 1372 or to which he 

was entitled on day before retirement or 

placement on temporary disability retired 

list, whichever is higher. 

580 

1263 

1293 

1305 

Monthly basic pay to which member would 

have been entitled if he had served on active 

duty in his retired grade on day before retirement, or if the pay of that grade is less 

than the pay of any warrant grade satisfactorily held by him on active duty, the 

monthly basic pay of that warrant officer 

grade. 

633 

634 

635 

636 

1251 

1252 

1253 

Monthly basic pay 2 of member’s retired 

grade.3

1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary 

disability retired list, as the case may be. 2 Compute at rates applicable on date of retirement. 

3For the purposes of this subsection, determine member’s retired grade as if sections 3962 and 8962 did not 

apply. 

(2) NON-REGULAR SERVICE RETIREMENT.—In the case of a 

person who is entitled to retired pay under section 12731 of 

this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is 

granted (or, in the case of a person entitled to retired pay by 

reason of an election under section 12741(a) of this title, at 

rates applicable on the date the person completes the service 

required under such section 12741(a)), of the highest grade 

held satisfactorily by the person at any time in the armed 

forces. For purposes of the preceding sentence, the highest 

grade in which a person served satisfactorily as an officer shall 

be determined in accordance with section 1370(d) of this title. 

(c) VOLUNTARY RETIREMENT FOR MEMBERS OF THE ARMY.— (1) IN GENERAL.—In the case of a member whose retired 

pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title, 

the retired pay base is determined in accordance with the following table. 

For a member entitled to retired pay under section: The retired pay base is: 

3911 

3918 

3920 

3924 

Monthly basic pay of member’s retired grade.1

3914 

3917 

Monthly basic pay to which member was entitled on day before he retired. 

3992 Monthly basic pay of grade to which member 

is advanced on retired list. 

1For the purposes of this subsection, determine member’s retired grade as if section 3962 did not apply. 
739 § 1406 CH. 71—COMPUTATION OF RETIRED PAY 

(2) RATE OF BASIC PAY TO BE USED.—The rate of basic pay 

to be used under paragraph (1) is the rate applicable on the 

date of the member’s retirement. 

(d) RETIREMENT FOR MEMBERS OF THE NAVY AND MARINE

CORPS.—In the case of a member whose retired pay is computed 

under section 6333 of this title, who is advanced on the retired list 

under section 6151 or 6334 of this title, or who is entitled to retainer pay under section 6330 of this title, the retired pay base or 

retainer pay base is determined in accordance with the following 

table. 

For a member entitled to retired or retainer pay under 

section: The retired pay base or retainer pay base is: 

6323

6325(a) 

6383

Basic pay of the grade in which the member 

retired.1

6325(b) Basic pay of the grade the officer would hold if 

he had not received an appointment described in section 6325(b). 

6326 Basic pay of the pay grade in which the member was serving on the day before retirement. 

6330 Basic pay that the member received at the 

time of transfer to the Fleet Reserve or Fleet 

Marine Corps Reserve. 

6151 Basic pay of the grade to which the member is 

advanced under section 6151. 

6334 Basic pay of the grade to which the member is 

advanced under section 6334. 

1 If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on 

active duty, use the monthly basic pay of that warrant officer grade. 

(e) VOLUNTARY RETIREMENT FOR MEMBERS OF THE AIR

FORCE.— 

(1) IN GENERAL.—In the case of a member whose retired 

pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title, 

the retired pay base is determined in accordance with the following table. 

For a member entitled to retired pay under section: The retired pay base is: 

8911 

8918 

8920 

8924 

Monthly basic pay of member’s retired grade.1

8914 

8917 

Monthly basic pay to which member was entitled on day before he retired. 

8992 Monthly basic pay of grade to which member 

is advanced on retired list. 

1For the purposes of this subsection, determine member’s retired grade as if section 8962 did not apply. 

(2) RATE OF BASIC PAY TO BE USED.—The rate of basic pay 

to be used under paragraph (1) is the rate applicable on the 

date of the member’s retirement. 

(f) COAST GUARD.—In the case of a member who is retired 

under any section of title 14, the member’s retired pay is computed 
§ 1406 CH. 71—COMPUTATION OF RETIRED PAY 740 

under section 423(a) of title 14 in the manner provided in that section. 

(g) COMMISSIONED CORPS OF NATIONAL OCEANIC AND ATMOS- PHERIC ADMINISTRATION.—In the case of an officer whose retired 

pay is computed under section 245 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 

(33 U.S.C. 3045), the retired pay base is the basic pay of the rank 

with which the officer retired. 

(h) COMMISSIONED CORPS OF PUBLIC HEALTH SERVICE.—In the 

case of an officer who is retired under section 210(g) or 211(a) of 

the Public Health Service Act (42 U.S.C. 211(g), 212(a)), the retired 

pay base is determined as follows: 

(1) MANDATORY RETIREMENT.—If the officer is retired 

under section 210(g) of such Act, the retired pay base is the 

basic pay of the permanent grade held by the officer at the 

time of retirement. 

(2) VOLUNTARY RETIREMENT.—If the officer is retired under 

section 211(a) of such Act, the retired pay base is the basic pay 

of the highest grade held by the officer and in which, in the 

case of a temporary promotion to such grade, the officer has 

performed active duty for not less than six months. 

(i) SPECIAL RULE FOR FORMER CHAIRMEN AND VICE CHAIRMEN

OF THE JCS, CHIEFS OF SERVICE, COMMANDERS OF COMBATANT

COMMANDS, AND SENIOR ENLISTED MEMBERS.— (1) IN GENERAL.—For the purposes of subsections (b) 

through (e), in determining the rate of basic pay to apply in 

the determination of the retired pay base of a member who has 

served as Chairman or Vice Chairman of the Joint Chiefs of 

Staff, as a Chief of Service, as a commander of a unified or 

specified combatant command (as defined in section 161(c) of 

this title), or as the senior enlisted member of an armed force, 

the highest rate of basic pay applicable to the member while 

serving in that position shall be used, if that rate is higher 

than the rate otherwise authorized by this section. 

(2) EXCEPTION FOR MEMBERS REDUCED IN GRADE OR WHO

DO NOT SERVE SATISFACTORILY.—Paragraph (1) does not apply 

in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring after October 16, 1998— 

(A) in the case of an enlisted member, is reduced in 

grade as the result of a court-martial sentence, nonjudicial 

punishment, or other administrative process; or 

(B) in the case an officer, is not certified by the Secretary of Defense under section 1370 (c) of this title as 

having served on active duty satisfactorily in the grade of 

general or admiral, as the case may be, while serving in 

that position. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘Chief of Service’’ means any of the following: 

(i) Chief of Staff of the Army. 

(ii) Chief of Naval Operations. 

(iii) Chief of Staff of the Air Force. 

(iv) Commandant of the Marine Corps. 
741 § 1407 CH. 71—COMPUTATION OF RETIRED PAY 

(v) Commandant of the Coast Guard. 

(B) The term ‘‘senior enlisted member’’ means any of 

the following: 

(i) Sergeant Major of the Army. 

(ii) Master Chief Petty Officer of the Navy. 

(iii) Chief Master Sergeant of the Air Force. 

(iv) Sergeant Major of the Marine Corps. 

(v) Master Chief Petty Officer of the Coast Guard. 

(vi) Senior Enlisted Advisor to the Chairman of 

the Joint Chiefs of Staff. 

(Added Pub. L. 99–348, title I, Sec. 104(b), July 1, 1986, 100 Stat. 686; amended Pub. L. 100– 

180, div. A, title V, Sec. 512(d)(2), title XIII, Sec. 1314(b)(6), Dec. 4, 1987, 101 Stat. 1090, 1175; 

Pub. L. 100–456, div. A, title XII, Sec. 1233(c), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 102– 

190, div. A, title XI, Sec. 1131(7), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103–337, div. A, title 

XVI, Sec. 1662(j)(4), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 105–85, div. A, title X, 1073(a)(23), 

Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title VI, Sec. 646, Oct. 17, 1998, 112 

Stat. 2050; Pub. L. 106–65, div. A, title X, Sec. 1066(a)(11), Oct. 5, 1999, 113 Stat. 771; Pub. 

L. 107–372, title II, Sec. 272(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 108–136, div. A, title 

VI, Sec. 643(a), (b), Nov. 24, 2003, 117 Stat. 1517; Pub. L. 108–375, div. A, title X, Sec. 

1084(d)(9), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 109–163, div. A, title V, Sec. 509(d)(1)(B), title 

VI, Sec. 685(d), Jan. 6, 2006, 119 Stat. 3231, 3325; Pub. L. 109–364, div. A, title V, Sec. 

502(d)(2), title X, Sec. 1071(a)(7), Oct. 17, 2006, 120 Stat. 2178, 2398; Pub. L. 111–84, div. A, 

title VI, Sec. 643(d)(1), Oct. 28, 2009, 123 Stat. 2367.) 

§ 1407. Retired pay base for members who first became 

members after September 7, 1980: high-36 month 

average 

(a) USE OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.— 

The retired pay or retainer pay of any person entitled to that pay 

who first became a member of a uniformed service after September 

7, 1980, is computed using the retired pay base or retainer pay 

base determined under this section. 

(b) HIGH-THREE AVERAGE.—Except as provided in subsection 

(f), the retired pay base or retainer pay base of a person under this 

section is the person’s high-three average determined under subsection (c) or (d). 

(c) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS ENTITLED TO RETIRED OR RETAINER PAY FOR REGULAR SERVICE.— 

(1) GENERAL RULE.—The high-three average of a member 

entitled to retired or retainer pay under any provision of law 

other than section 1204 or 1205 or section 12731 of this title 

is the amount equal to— 

(A) the total amount of monthly basic pay to which the 

member was entitled for the 36 months (whether or not 

consecutive) out of all the months of active service of the 

member for which the monthly basic pay to which the 

member was entitled was the highest, divided by 

(B) 36. 

(2) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES.— 

In the case of a member who is entitled to retired pay under 

section 1201 or 1202 of this title and who has completed less 

than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal 

to— 

(A) the total amount of basic pay to which the member 

was entitled during the period of the member’s active service, divided by 
§ 1407 CH. 71—COMPUTATION OF RETIRED PAY 742 

(B) the number of months (including any fraction 

thereof) of the member’s active service. 

(3) SPECIAL RULE FOR RESERVE COMPONENT MEMBERS.—In 

the case of a member of a reserve component who is entitled 

to retired pay under section 1201 or 1202 of this title, the 

member’s high-three average (notwithstanding paragraphs (1) 

and (2)) is computed in the same manner as prescribed in 

paragraphs (2) and (3) of subsection (d) for a member entitled 

to retired pay under section 1204 or 1205 of this title. 

(d) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS AND

FORMER MEMBERS ENTITLED TO RETIRED PAY FOR NONREGULAR

SERVICE.— 

(1) RETIRED PAY UNDER CHAPTER 1223.—The high-three average of a member or former member entitled to retired pay 

under section 12731 of this title is the amount equal to— 

(A) the total amount of monthly basic pay to which the 

member or former member was entitled during the member or former member’s high-36 months (or to which the 

member or former member would have been entitled if the 

member or former member had served on active duty during the entire period of the member or former member’s 

high-36 months), divided by 

(B) 36. 

(2) NONREGULAR SERVICE DISABILITY RETIRED PAY.—The 

high-three average of a member entitled to retired pay under 

section 1204 or 1205 of this title is the amount equal to— 

(A) the total amount of monthly basic pay to which the 

member was entitled during the member’s high-36 months 

(or to which the member would have been entitled if the 

member had served on active duty during the entire period 

of the member’s high-36 months), divided by 

(B) 36. 

(3) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES.— 

In the case of a member who is entitled to retired pay under 

section 1204 or 1205 of this title and who was a member for 

less than 36 months before being retired under that section, 

the member’s high-three average (notwithstanding paragraph 

(2)) is the amount equal to— 

(A) the total amount of basic pay to which the member 

was entitled during the entire period the member was a 

member of a uniformed service before being so retired (or 

to which the member would have been entitled if the member had served on active duty during the entire period the 

member was a member of a uniformed service before being 

so retired), divided by 

(B) the number of months (including any fraction 

thereof) which the member was a member before being so 

retired. 

(4) HIGH-36 MONTHS.—The high-36 months of a member or 

former member whose retired pay is covered by paragraph (1) 

or (2) are the 36 months (whether or not consecutive) out of all 

the months before the member or former member became entitled to retired pay or, in the case of a member or former member entitled to retired pay by reason of an election under sec-
743 § 1407 CH. 71—COMPUTATION OF RETIRED PAY 

tion 12741(a) of this title, before the member or former member completes the service required under such section 12741(a), 

for which the monthly basic pay to which the member or 

former member was entitled (or would have been entitled if 

serving on active duty during those months) was the highest. 

In the case of a former member, only months during which the 

former member was a member of a uniformed service may be 

used for purposes of the preceding sentence. 

(e) LIMITATION FOR ENLISTED MEMBERS RETIRING WITH LESS

THAN 30 YEARS’ SERVICE.—In the case of a member who is retired 

under section 3914 or 8914 of this title or who is transferred to the 

Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of 

this title, the member’s high-36 average shall be computed using 

only rates of basic pay applicable to months of active duty of the 

member as an enlisted member. 

(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED IN GRADE AND

OFFICERS WHO DO NOT SERVE SATISFACTORILY IN HIGHEST GRADE

HELD.— (1) COMPUTATION BASED ON PRE-HIGH-THREE RULES.—In 

the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under section 1406 of this title in the same manner as 

if the member or former member first became a member of a 

uniformed service before September 8, 1980. 

(2) AFFECTED MEMBERS.—A member or former member referred to in paragraph (1) is a member or former member who 

by reason of conduct occurring after October 30, 2000— 

(A) in the case of a member retired in an enlisted 

grade or transferred to the Fleet Reserve or Fleet Marine 

Corps Reserve, was at any time reduced in grade as the 

result of a court-martial sentence, nonjudicial punishment, 

or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed 

to a commissioned or warrant grade; and 

(B) in the case of an officer, is retired in a grade lower 

than the highest grade in which served by reason of denial 

of a determination or certification under section 1370 of 

this title that the officer served on active duty satisfactorily in that grade. 

(3) SPECIAL RULE FOR ENLISTED MEMBERS.—In the case of 

a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in 

an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a 

subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the 

rates of basic pay used in the computation of the member’s 

high-36 average for the period of the member’s service in a 

grade higher than the grade in which retired shall be the rates 

of pay that would apply if the member had been serving for 

that period in the grade in which retired. 

(Added Pub. L. 99–348, title I, Sec. 104(b), July 1, 1986, 100 Stat. 689; amended Pub. L. 101– 

189, div. A, title VI, Sec. 651(a), (b)(2), Nov. 29, 1989, 103 Stat. 1459, 1460; Pub. L. 103–337, 

div. A, title XVI, Sec. 1662(j)(5), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 104–106, div. A, title XV, 

Sec. 1501(c)(15), Feb. 10, 1996, 110 Stat. 499; Pub. L. 106–398, Sec. 1[[div. A], title VI, Sec. 651], 
§ 1407a CH. 71—COMPUTATION OF RETIRED PAY 744 

Oct. 30, 2000, 114 Stat. 1654, 1654A–163; Pub. L. 107–107, div. A, title X, Sec. 1048(c)(8), Dec. 

28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title VI, Sec. 641(a), Oct. 28, 2004, 118 Stat. 

1957; Pub. L. 111–84, div. A, title VI, Sec. 643(d)(2), Oct. 28, 2009, 123 Stat. 2367.) 

§ 1407a. Retired pay base: officers retired in general or flag 

officer grades 

(a) RATES OF BASIC PAY TO BE USED IN DETERMINATION.—In 

a case in which the determination under section 1406 or 1407 of 

this title of the retired pay base applicable to the computation of 

the retired pay of a covered general or flag officer involves a rate 

of basic pay payable to that officer for any period that was subject 

to a reduction under section 203(a)(2) of title 37 for such period, 

such retired-pay-base determination shall be made using the rate 

of basic pay for such period provided by law, rather than such rate 

as so reduced. 

(b) COVERED GENERAL AND FLAG OFFICERS.—In this section, 

the term ‘‘covered general or flag officer’’ means a member or 

former member who after September 30, 2006, is retired in a general officer grade or flag officer grade. 

(Added Pub. L. 109–364, div. A, title VI, Sec. 641(a), Oct. 17, 2006, 120 Stat. 2259.) 

§ 1408. Payment of retired or retainer pay in compliance 

with court orders 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘court’’ means— 

(A) any court of competent jurisdiction of any State, 

the District of Columbia, the Commonwealth of Puerto 

Rico, Guam, American Samoa, the Virgin Islands, the 

Northern Mariana Islands, and the Trust Territory of the 

Pacific Islands; 

(B) any court of the United States (as defined in section 451 of title 28) having competent jurisdiction; 

(C) any court of competent jurisdiction of a foreign 

country with which the United States has an agreement 

requiring the United States to honor any court order of 

such country; and 

(D) any administrative or judicial tribunal of a State 

competent to enter orders for support or maintenance (including a State agency administering a program under a 

State plan approved under part D of title IV of the Social 

Security Act), and, for purposes of this subparagraph, the 

term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and 

American Samoa. 

(2) The term ‘‘court order’’ means a final decree of divorce, 

dissolution, annulment, or legal separation issued by a court, 

or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the 

terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued 

decree), or a support order, as defined in section 453(p) of the 

Social Security Act (42 U.S.C. 653(p)), which— 

(A) is issued in accordance with the laws of the jurisdiction of that court; 
745 § 1408 CH. 71—COMPUTATION OF RETIRED PAY 

(B) provides for— 

(i) payment of child support (as defined in section 

459(i)(2) of the Social Security Act (42 U.S.C. 

659(i)(2))); 

(ii) payment of alimony (as defined in section 

459(i)(3) of the Social Security Act (42 U.S.C. 

659(i)(3))); or 

(iii) division of property (including a division of 

community property); and 

(C) in the case of a division of property, specifically 

provides for the payment of an amount, expressed in dollars or as a percentage of disposable retired pay, from the 

disposable retired pay of a member to the spouse or former 

spouse of that member. 

(3) The term ‘‘final decree’’ means a decree from which no 

appeal may be taken or from which no appeal has been taken 

within the time allowed for taking such appeals under the laws 

applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided 

under the laws applicable to such appeals. 

(4) The term ‘‘disposable retired pay’’ means the total 

monthly retired pay to which a member is entitled less 

amounts which— 

(A) are owed by that member to the United States for 

previous overpayments of retired pay and for recoupments 

required by law resulting from entitlement to retired pay; 

(B) are deducted from the retired pay of such member 

as a result of forfeitures of retired pay ordered by a courtmartial or as a result of a waiver of retired pay required 

by law in order to receive compensation under title 5 or 

title 38; 

(C) in the case of a member entitled to retired pay 

under chapter 61 of this title, are equal to the amount of 

retired pay of the member under that chapter computed 

using the percentage of the member’s disability on the date 

when the member was retired (or the date on which the 

member’s name was placed on the temporary disability retired list); or 

(D) are deducted because of an election under chapter 

73 of this title to provide an annuity to a spouse or former 

spouse to whom payment of a portion of such member’s retired pay is being made pursuant to a court order under 

this section. 

(5) The term ‘‘member’’ includes a former member entitled 

to retired pay under section 12731 of this title. 

(6) The term ‘‘spouse or former spouse’’ means the husband 

or wife, or former husband or wife, respectively, of a member 

who, on or before the date of a court order, was married to that 

member. 

(7) The term ‘‘retired pay’’ includes retainer pay. 

(b) EFFECTIVE SERVICE OF PROCESS.—For the purposes of this 

section— 

(1) service of a court order is effective if— 
§ 1408 CH. 71—COMPUTATION OF RETIRED PAY 746 

(A) an appropriate agent of the Secretary concerned 

designated for receipt of service of court orders under regulations prescribed pursuant to subsection (i) or, if no agent 

has been so designated, the Secretary concerned, is personally served or is served by facsimile or electronic transmission or by mail; 

(B) the court order is regular on its face; 

(C) the court order or other documents served with the 

court order identify the member concerned and include, if 

possible, the social security number of such member; and 

(D) the court order or other documents served with the 

court order certify that the rights of the member under the 

Servicemembers Civil Relief Act (50 U.S.C. App. 501 et 

seq.) were observed; and 

(2) a court order is regular on its face if the order— 

(A) is issued by a court of competent jurisdiction; 

(B) is legal in form; and 

(C) includes nothing on its face that provides reasonable notice that it is issued without authority of law. 

(c) AUTHORITY FOR COURT TO TREAT RETIRED PAY AS PROPERTY OF THE MEMBER AND SPOUSE.—(1) Subject to the limitations 

of this section, a court may treat disposable retired pay payable to 

a member for pay periods beginning after June 25, 1981, either as 

property solely of the member or as property of the member and 

his spouse in accordance with the law of the jurisdiction of such 

court. A court may not treat retired pay as property in any proceeding to divide or partition any amount of retired pay of a member as the property of the member and the member’s spouse or 

former spouse if a final decree of divorce, dissolution, annulment, 

or legal separation (including a court ordered, ratified, or approved 

property settlement incident to such decree) affecting the member 

and the member’s spouse or former spouse (A) was issued before 

June 25, 1981, and (B) did not treat (or reserve jurisdiction to 

treat) any amount of retired pay of the member as property of the 

member and the member’s spouse or former spouse. 

(2) Notwithstanding any other provision of law, this section 

does not create any right, title, or interest which can be sold, assigned, transferred, or otherwise disposed of (including by inheritance) by a spouse or former spouse. Payments by the Secretary 

concerned under subsection (d) to a spouse or former spouse with 

respect to a division of retired pay as the property of a member and 

the member’s spouse under this subsection may not be treated as 

amounts received as retired pay for service in the uniformed services. 

(3) This section does not authorize any court to order a member to apply for retirement or retire at a particular time in order 

to effectuate any payment under this section. 

(4) A court may not treat the disposable retired pay of a member in the manner described in paragraph (1) unless the court has 

jurisdiction over the member by reason of (A) his residence, other 

than because of military assignment, in the territorial jurisdiction 

of the court, (B) his domicile in the territorial jurisdiction of the 

court, or (C) his consent to the jurisdiction of the court. 
747 § 1408 CH. 71—COMPUTATION OF RETIRED PAY 

(d) PAYMENTS BY SECRETARY CONCERNED TO (OR FOR BENEFIT

OF) SPOUSE OR FORMER SPOUSE.—(1) After effective service on the 

Secretary concerned of a court order providing for the payment of 

child support or alimony or, with respect to a division of property, 

specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse 

of the member, the Secretary shall make payments (subject to the 

limitations of this section) from the disposable retired pay of the 

member to the spouse or former spouse (or for the benefit of such 

spouse or former spouse to a State disbursement unit established 

pursuant to section 454B of the Social Security Act or other public 

payee designated by a State, in accordance with part D of title IV 

of the Social Security Act, as directed by court order, or as otherwise directed in accordance with such part D) in an amount sufficient to satisfy the amount of child support and alimony set forth 

in the court order and, with respect to a division of property, in the 

amount of disposable retired pay specifically provided for in the 

court order. In the case of a spouse or former spouse who, pursuant 

to section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)), 

assigns to a State the rights of the spouse or former spouse to receive support, the Secretary concerned may make the child support 

payments referred to in the preceding sentence to that State in 

amounts consistent with that assignment of rights. In the case of 

a member entitled to receive retired pay on the date of the effective 

service of the court order, such payments shall begin not later than 

90 days after the date of effective service. In the case of a member 

not entitled to receive retired pay on the date of the effective service of the court order, such payments shall begin not later than 90 

days after the date on which the member first becomes entitled to 

receive retired pay. 

(2) If the spouse or former spouse to whom payments are to be 

made under this section was not married to the member for a period of 10 years or more during which the member performed at 

least 10 years of service creditable in determining the member’s eligibility for retired pay, payments may not be made under this section to the extent that they include an amount resulting from the 

treatment by the court under subsection (c) of disposable retired 

pay of the member as property of the member or property of the 

member and his spouse. 

(3) Payments under this section shall not be made more frequently than once each month, and the Secretary concerned shall 

not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a court order. 

(4) Payments from the disposable retired pay of a member pursuant to this section shall terminate in accordance with the terms 

of the applicable court order, but not later than the date of the 

death of the member or the date of the death of the spouse or 

former spouse to whom payments are being made, whichever occurs first. 

(5) If a court order described in paragraph (1) provides for a 

division of property (including a division of community property) in 

addition to an amount of child support or alimony or the payment 

of an amount of disposable retired pay as the result of the court’s 

treatment of such pay under subsection (c) as property of the mem-
§ 1408 CH. 71—COMPUTATION OF RETIRED PAY 748 

ber and his spouse, the Secretary concerned shall pay (subject to 

the limitations of this section) from the disposable retired pay of 

the member to the spouse or former spouse of the member, any 

part of the amount payable to the spouse or former spouse under 

the division of property upon effective service of a final court order 

of garnishment of such amount from such retired pay. 

(6) In the case of a court order for which effective service is 

made on the Secretary concerned on or after August 22, 1996, and 

which provides for payments from the disposable retired pay of a 

member to satisfy the amount of child support set forth in the 

order, the authority provided in paragraph (1) to make payments 

from the disposable retired pay of a member to satisfy the amount 

of child support set forth in a court order shall apply to payment 

of any amount of child support arrearages set forth in that order 

as well as to amounts of child support that currently become due. 

(7)(A) The Secretary concerned may not accept service of a 

court order that is an out-of-State modification, or comply with the 

provisions of such a court order, unless the court issuing that order 

has jurisdiction in the manner specified in subsection (c)(4) over 

both the member and the spouse or former spouse involved. 

(B) A court order shall be considered to be an out-of-State 

modification for purposes of this paragraph if the order— 

(i) modifies a previous court order under this section upon 

which payments under this subsection are based; and 

(ii) is issued by a court of a State other than the State of 

the court that issued the previous court order. 

(e) LIMITATIONS.—(1) The total amount of the disposable retired pay of a member payable under all court orders pursuant to 

subsection (c) may not exceed 50 percent of such disposable retired 

pay. 

(2) In the event of effective service of more than one court 

order which provide for payment to a spouse and one or more 

former spouses or to more than one former spouse, the disposable 

retired pay of the member shall be used to satisfy (subject to the 

limitations of paragraph (1)) such court orders on a first-come, 

first-served basis. Such court orders shall be satisfied (subject to 

the limitations of paragraph (1)) out of that amount of disposable 

retired pay which remains after the satisfaction of all court orders 

which have been previously served. 

(3)(A) In the event of effective service of conflicting court orders under this section which assert to direct that different 

amounts be paid during a month to the same spouse or former 

spouse of the same member, the Secretary concerned shall— 

(i) pay to that spouse from the member’s disposable retired 

pay the least amount directed to be paid during that month by 

any such conflicting court order, but not more than the amount 

of disposable retired pay which remains available for payment 

of such court orders based on when such court orders were effectively served and the limitations of paragraph (1) and subparagraph (B) of paragraph (4); 

(ii) retain an amount of disposable retired pay that is 

equal to the lesser of— 

(I) the difference between the largest amount required 

by any conflicting court order to be paid to the spouse or 
749 § 1408 CH. 71—COMPUTATION OF RETIRED PAY 

former spouse and the amount payable to the spouse or 

former spouse under clause (i); and 

(II) the amount of disposable retired pay which remains available for payment of any conflicting court order 

based on when such court order was effectively served and 

the limitations of paragraph (1) and subparagraph (B) of 

paragraph (4); and 

(iii) pay to that member the amount which is equal to the 

amount of that member’s disposable retired pay (less any 

amount paid during such month pursuant to legal process 

served under section 459 of the Social Security Act (42 U.S.C. 

659) and any amount paid during such month pursuant to 

court orders effectively served under this section, other than 

such conflicting court orders) minus— 

(I) the amount of disposable retired pay paid under 

clause (i); and 

(II) the amount of disposable retired pay retained 

under clause (ii). 

(B) The Secretary concerned shall hold the amount retained 

under clause (ii) of subparagraph (A) until such time as that Secretary is provided with a court order which has been certified by 

the member and the spouse or former spouse to be valid and applicable to the retained amount. Upon being provided with such an 

order, the Secretary shall pay the retained amount in accordance 

with the order. 

(4)(A) In the event of effective service of a court order under 

this section and the service of legal process pursuant to section 459 

of the Social Security Act (42 U.S.C. 659), both of which provide for 

payments during a month from the same member, satisfaction of 

such court orders and legal process from the retired pay of the 

member shall be on a first-come, first-served basis. Such court orders and legal process shall be satisfied out of moneys which are 

subject to such orders and legal process and which remain available in accordance with the limitations of paragraph (1) and subparagraph (B) of this paragraph during such month after the satisfaction of all court orders or legal process which have been previously served. 

(B) Notwithstanding any other provision of law, the total 

amount of the disposable retired pay of a member payable by the 

Secretary concerned under all court orders pursuant to this section 

and all legal processes pursuant to section 459 of the Social Security Act (42 U.S.C. 659) with respect to a member may not exceed 

65 percent of the amount of the retired pay payable to such member that is considered under section 462 of the Social Security Act 

(42 U.S.C. 662) to be remuneration for employment that is payable 

by the United States. 

(5) A court order which itself or because of previously served 

court orders provides for the payment of an amount which exceeds 

the amount of disposable retired pay available for payment because 

of the limit set forth in paragraph (1), or which, because of previously served court orders or legal process previously served under 

section 459 of the Social Security Act (42 U.S.C. 659), provides for 

payment of an amount that exceeds the maximum amount permitted under paragraph (1) or subparagraph (B) of paragraph (4), 
§ 1408 CH. 71—COMPUTATION OF RETIRED PAY 750 

shall not be considered to be irregular on its face solely for that 

reason. However, such order shall be considered to be fully satisfied for purposes of this section by the payment to the spouse or 

former spouse of the maximum amount of disposable retired pay 

permitted under paragraph (1) and subparagraph (B) of paragraph 

(4). 

(6) Nothing in this section shall be construed to relieve a member of liability for the payment of alimony, child support, or other 

payments required by a court order on the grounds that payments 

made out of disposable retired pay under this section have been 

made in the maximum amount permitted under paragraph (1) or 

subparagraph (B) of paragraph (4). Any such unsatisfied obligation 

of a member may be enforced by any means available under law 

other than the means provided under this section in any case in 

which the maximum amount permitted under paragraph (1) has 

been paid and under section 459 of the Social Security Act (42 

U.S.C. 659) in any case in which the maximum amount permitted 

under subparagraph (B) of paragraph (4) has been paid. 

(f) IMMUNITY OF OFFICERS AND EMPLOYEES OF UNITED

STATES.—(1) The United States and any officer or employee of the 

United States shall not be liable with respect to any payment made 

from retired pay to any member, spouse, or former spouse pursuant 

to a court order that is regular on its face if such payment is made 

in accordance with this section and the regulations prescribed pursuant to subsection (i). 

(2) An officer or employee of the United States who, under regulations prescribed pursuant to subsection (i), has the duty to respond to interrogatories shall not be subject under any law to any 

disciplinary action or civil or criminal liability or penalty for, or because of, any disclosure of information made by him in carrying out 

any of his duties which directly or indirectly pertain to answering 

such interrogatories. 

(g) NOTICE TO MEMBER OF SERVICE OF COURT ORDER ON SECRETARY CONCERNED.—A person receiving effective service of a court 

order under this section shall, as soon as possible, but not later 

than 30 days after the date on which effective service is made, send 

a written notice of such court order (together with a copy of such 

order) to the member affected by the court order at his last known 

address. 

(h) BENEFITS FOR DEPENDENTS WHO ARE VICTIMS OF ABUSE BY

MEMBERS LOSING RIGHT TO RETIRED PAY.—(1)(A) If, in the case of 

a member or former member of the armed forces referred to in 

paragraph (2)(A), a court order provides (in the manner applicable 

to a division of property) for the payment of an amount from the 

disposable retired pay of that member or former member (as certified under paragraph (4)) to an eligible spouse or former spouse 

of that member or former member, the Secretary concerned, beginning upon effective service of such court order, shall pay that 

amount in accordance with this subsection to such spouse or former 

spouse. 

(B) If, in the case of a member or former member of the armed 

forces referred to in paragraph (2)(A), a court order provides for the 

payment as child support of an amount from the disposable retired 

pay of that member or former member (as certified under para-
751 § 1408 CH. 71—COMPUTATION OF RETIRED PAY 

graph (4)) to an eligible dependent child of the member or former 

member, the Secretary concerned, beginning upon effective service 

of such court order, shall pay that amount in accordance with this 

subsection to such dependent child. 

(2) A spouse or former spouse, or a dependent child, of a member or former member of the armed forces is eligible to receive payment under this subsection if— 

(A) the member or former member, while a member of the 

armed forces and after becoming eligible to be retired from the 

armed forces on the basis of years of service, has eligibility to 

receive retired pay terminated as a result of misconduct while 

a member involving abuse of a spouse or dependent child (as 

defined in regulations prescribed by the Secretary of Defense 

or, for the Coast Guard when it is not operating as a service 

in the Navy, by the Secretary of Homeland Security); 

(B) in the case of eligibility of a spouse or former spouse 

under paragraph (1)(A), the spouse or former spouse— 

(i) was the victim of the abuse and was married to the 

member or former member at the time of that abuse; or 

(ii) is a natural or adopted parent of a dependent child 

of the member or former member who was the victim of 

the abuse; and 

(C) in the case of eligibility of a dependent child under 

paragraph (1)(B), the other parent of the child died as a result 

of the misconduct that resulted in the termination of retired 

pay. 

(3) The amount certified by the Secretary concerned under 

paragraph (4) with respect to a member or former member of the 

armed forces referred to in paragraph (2)(A) shall be deemed to be 

the disposable retired pay of that member or former member for 

the purposes of this subsection. 

(4) Upon the request of a court or an eligible spouse or former 

spouse, or an eligible dependent child, of a member or former member of the armed forces referred to in paragraph (2)(A) in connection with a civil action for the issuance of a court order in the case 

of that member or former member, the Secretary concerned shall 

determine and certify the amount of the monthly retired pay that 

the member or former member would have been entitled to receive 

as of the date of the certification— 

(A) if the member or former member’s eligibility for retired 

pay had not been terminated as described in paragraph (2)(A); 

and 

(B) if, in the case of a member or former member not in 

receipt of retired pay immediately before that termination of 

eligibility for retired pay, the member or former member had 

retired on the effective date of that termination of eligibility. 

(5) A court order under this subsection may provide that whenever retired pay is increased under section 1401a of this title (or 

any other provision of law), the amount payable under the court 

order to the spouse or former spouse, or the dependent child, of a 

member or former member described in paragraph (2)(A) shall be 

increased at the same time by the percent by which the retired pay 

of the member or former member would have been increased if the 

member or former member were receiving retired pay. 
§ 1408 CH. 71—COMPUTATION OF RETIRED PAY 752 

(6) Notwithstanding any other provision of law, a member or 

former member of the armed forces referred to in paragraph (2)(A) 

shall have no ownership interest in, or claim against, any amount 

payable under this section to a spouse or former spouse, or to a dependent child, of the member or former member. 

(7)(A) If a former spouse receiving payments under this subsection with respect to a member or former member referred to in 

paragraph (2)(A) marries again after such payments begin, the eligibility of the former spouse to receive further payments under this 

subsection shall terminate on the date of such marriage. 

(B) A person’s eligibility to receive payments under this subsection that is terminated under subparagraph (A) by reason of remarriage shall be resumed in the event of the termination of that 

marriage by the death of that person’s spouse or by annulment or 

divorce. The resumption of payments shall begin as of the first day 

of the month in which that marriage is so terminated. The monthly 

amount of the payments shall be the amount that would have been 

paid if the continuity of the payments had not been interrupted by 

the marriage. 

(8) Payments in accordance with this subsection shall be made 

out of funds in the Department of Defense Military Retirement 

Fund established by section 1461 of this title or, in the case of the 

Coast Guard, out of funds appropriated to the Department of 

Homeland Security for payment of retired pay for the Coast Guard. 

(9)(A) A spouse or former spouse of a member or former member of the armed forces referred to in paragraph (2)(A), while receiving payments in accordance with this subsection, shall be entitled to receive medical and dental care, to use commissary and exchange stores, and to receive any other benefit that a spouse or a 

former spouse of a retired member of the armed forces is entitled 

to receive on the basis of being a spouse or former spouse, as the 

case may be, of a retired member of the armed forces in the same 

manner as if the member or former member referred to in paragraph (2)(A) was entitled to retired pay. 

(B) A dependent child of a member or former member referred 

to in paragraph (2)(A) who was a member of the household of the 

member or former member at the time of the misconduct described 

in paragraph (2)(A) shall be entitled to receive medical and dental 

care, to use commissary and exchange stores, and to have other 

benefits provided to dependents of retired members of the armed 

forces in the same manner as if the member or former member referred to in paragraph (2)(A) was entitled to retired pay. 

(C) If a spouse or former spouse or a dependent child eligible 

or entitled to receive a particular benefit under this paragraph is 

eligible or entitled to receive that benefit under another provision 

of law, the eligibility or entitlement of that spouse or former spouse 

or dependent child to such benefit shall be determined under such 

other provision of law instead of this paragraph. 

(10)(A) For purposes of this subsection, in the case of a member of the armed forces who has been sentenced by a court-martial 

to receive a punishment that will terminate the eligibility of that 

member to receive retired pay if executed, the eligibility of that 

member to receive retired pay may, as determined by the Secretary 

concerned, be considered terminated effective upon the approval of 
753 § 1408 CH. 71—COMPUTATION OF RETIRED PAY 

that sentence by the person acting under section 860(c) of this title 

(article 60(c) of the Uniform Code of Military Justice). 

(B) If each form of the punishment that would result in the 

termination of eligibility to receive retired pay is later remitted, set 

aside, or mitigated to a punishment that does not result in the termination of that eligibility, a payment of benefits to the eligible recipient under this subsection that is based on the punishment so 

vacated, set aside, or mitigated shall cease. The cessation of payments shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such benefits in writing that payment of the benefits will 

cease. The recipient may not be required to repay the benefits received before that effective date (except to the extent necessary to 

recoup any amount that was erroneous when paid). 

(11) In this subsection, the term ‘‘dependent child’’, with respect to a member or former member of the armed forces referred 

to in paragraph (2)(A), means an unmarried legitimate child, including an adopted child or a stepchild of the member or former 

member, who— 

(A) is under 18 years of age; 

(B) is incapable of self-support because of a mental or 

physical incapacity that existed before becoming 18 years of 

age and is dependent on the member or former member for 

over one-half of the child’s support; or 

(C) if enrolled in a full-time course of study in an institution of higher education recognized by the Secretary of Defense 

for the purposes of this subparagraph, is under 23 years of age 

and is dependent on the member or former member for over 

one-half of the child’s support. 

(i) CERTIFICATION DATE.—It is not necessary that the date of 

a certification of the authenticity or completeness of a copy of a 

court order for child support received by the Secretary concerned 

for the purposes of this section be recent in relation to the date of 

receipt by the Secretary. 

(j) REGULATIONS.—The Secretaries concerned shall prescribe 

uniform regulations for the administration of this section. 

(k) RELATIONSHIP TO OTHER LAWS.—In any case involving an 

order providing for payment of child support (as defined in section 

459(i)(2) of the Social Security Act) by a member who has never 

been married to the other parent of the child, the provisions of this 

section shall not apply, and the case shall be subject to the provisions of section 459 of such Act. 

(Added Pub. L. 97–252, title X, Sec. 1002(a), Sept. 8, 1982, 96 Stat. 730; amended Pub. L. 98– 

525, title VI, Sec. 643(a)–(d), Oct. 19, 1984, 98 Stat. 2547; Pub. L. 99–661, div. A, title VI, Sec. 

644(a), Nov. 14, 1986, 100 Stat. 3887; Pub. L. 100–26, Sec. 3(3), 7(h)(1), Apr. 21, 1987, 101 Stat. 

273, 282; Pub. L. 101–189, div. A, title VI, Sec. 653(a)(5), title XVI, Sec. 1622(e)(6), Nov. 29, 

1989, 103 Stat. 1462, 1605; Pub. L. 101–510, div. A, title V, Sec. 555(a)–(d), (f), (g), Nov. 5, 1990, 

104 Stat. 1569, 1570; Pub. L. 102–190, div. A, title X, Sec. 1061(a)(7), Dec. 5, 1991, 105 Stat. 

1472; Pub. L. 102–484, div. A, title VI, Sec. 653(a), Oct. 23, 1992, 106 Stat. 2426; Pub. L. 103– 

160, div. A, title V, Sec. 555(a), (b), title XI, Sec. 1182(a)(2), Nov. 30, 1993, 107 Stat. 1666, 1771; 

Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(16), Feb. 10, 1996, 110 Stat. 499; Pub. L. 104– 

193, title III, Secs. 362(c), 363(c)(1)–(3), Aug. 22, 1996, 110 Stat. 2246, 2249; Pub. L. 104–201, 

div. A, title VI, Sec. 636, Sept. 23, 1996, 110 Stat. 2579; Pub. L. 105–85, div. A, title X, Sec. 

1073(a)(24), (25), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 107–107, div. A, title X, Sec. 1048(c)(9), 

Dec. 28, 2001, 115 Stat. 1226; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 

Stat. 2314; Pub. L. 108–189, Sec. 2(c), Dec. 19, 2003, 117 Stat. 2866; Pub. L. 109–163, div. A, 

title VI, Sec. 665(a), Jan. 6, 2006, 119 Stat. 3317; Pub. L. 111–84, div. A, title X, Sec. 

1073(a)(15), Oct. 28, 2009, 123 Stat. 2473.) 
§ 1409 CH. 71—COMPUTATION OF RETIRED PAY 754 

§ 1409. Retired pay multiplier 

(a) RETIRED PAY MULTIPLIER FOR REGULAR-SERVICE NONDISABILITY RETIREMENT.—In computing— 

(1) the retired pay of a member of a uniformed service who 

is entitled to that pay under any provision of law other than— 

(A) chapter 61 of this title (relating to retirement or 

separation for physical disability); or 

(B) chapter 1223 of this title (relating to retirement for 

non-regular service); or 

(2) the retainer pay of a member who is transferred to the 

Fleet Reserve or the Fleet Marine Corps Reserve under section 

6330 of this title, 

the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b). 

(b) PERCENTAGE.— 

(1) GENERAL RULE.—Subject to paragraphs (2) and (3), the 

percentage to be used under subsection (a) is the product (stated as a percentage) of— 

(A) 21⁄2, and 

(B) the member’s years of creditable service (as defined in subsection (c)). 

(2) REDUCTION APPLICABLE TO CERTAIN NEW-RETIREMENT

MEMBERS WITH LESS THAN 30 YEARS OF SERVICE.—In the case 

of a member who first became a member of a uniformed service 

after July 31, 1986, has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354 of 

title 37, has less than 30 years of creditable service, and is 

under the age of 62 at the time of retirement, the percentage 

determined under paragraph (1) shall be reduced by— 

(A) 1 percentage point for each full year that the member’s years of creditable service are less than 30; and 

(B) 1⁄12 of 1 percentage point for each month by which 

the member’s years of creditable service (after counting all 

full years of such service) are less than a full year. 

(3) 30 YEARS OF SERVICE.— 

(A) RETIREMENT BEFORE JANUARY 1, 2007.—In the case 

of a member who retires before January 1, 2007, with 

more than 30 years of creditable service, the percentage to 

be used under subsection (a) is 75 percent. 

(B) RETIREMENT AFTER DECEMBER 31, 2006.—In the 

case of a member who retires after December 31, 2006, 

with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of— 

(i) 75 percent; and 

(ii) the product (stated as a percentage) of— 

(I) 21⁄2; and 

(II) the member’s years of creditable service 

(as defined in subsection (c)) in excess of 30 years 

of creditable service, under conditions authorized 

for purposes of this subparagraph during a period 

designated by the Secretary of Defense for purposes of this subparagraph. 
755 § 1412 CH. 71—COMPUTATION OF RETIRED PAY 

(c) YEARS OF CREDITABLE SERVICE DEFINED.—In this section, 

the term ‘‘years of creditable service’’ means the number of years 

of service creditable to a member in computing the member’s retired or retainer pay (including 1⁄12 of a year for each full month 

of service that is in addition to the number of full years of service 

of the member). 

(Added Pub. L. 99–348, title I, Sec. 101, July 1, 1986, 100 Stat. 683; amended Pub. L. 101–189, 

div. A, title VI, Sec. 651(b)(3), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103–337, div. A, title XVI, 

Sec. 1662(j)(6), Oct. 5, 1994, 108 Stat. 3005; Pub. L. 106–65, div. A, title VI, Sec. 641(a), 

643(b)(2), Oct. 5, 1999, 113 Stat. 662, 664; Pub. L. 109–364, div. A, title VI, Sec. 642(a), Oct. 

17, 2006, 120 Stat. 2259; Pub. L. 110–181, div. A, title VI, Sec. 661(b)(3), Jan. 28, 2008, 122 

Stat. 178.) 

§ 1410. Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986 

In the case of a member or former member who first became 

a member of a uniformed service on or after August 1, 1986, who 

has elected to receive a bonus under section 322 (as in effect before 

the enactment of the National Defense Authorization Act for Fiscal 

Year 2008) or section 354 of title 37, and who becomes entitled to 

retired pay before the age of 62, the retired pay of such member 

or former member shall be recomputed, effective on the first day 

of the first month beginning after the member or former member 

attains 62 years of age, so as to be the amount equal to the amount 

of retired pay to which the member or former member would be entitled on that date if— 

(1) increases in the retired pay of the member or former 

member under section 1401a(b) of this title had been computed 

as provided in paragraph (2) of that section (rather than under 

paragraph (3) of that section); and 

(2) in the case of a member whose retired pay was subject 

to section 1409(b)(2) of this title, no reduction in the member’s 

retired pay had been made under that section. 

(Added Pub. L. 99–348, title I, Sec. 103, July 1, 1986, 100 Stat. 685; amended Pub. L. 100–224, 

Sec. 2, Dec. 30, 1987, 101 Stat. 1536; Pub. L. 101–189, div. A, title VI, Sec. 651(b)(4), Nov. 29, 

1989, 103 Stat. 1460; Pub. L. 106–65, div. A, title VI, Sec. 641(c), 643(b)(3)(A), Oct. 5, 1999, 113 

Stat. 662, 664; Pub. L. 110–181, div. A, title VI, Sec. 661(b)(3), Jan. 28, 2008, 122 Stat. 178.) 

§ 1411. Rules of construction 

(a) CONSTRUCTION OF ‘‘FIRST BECAME A MEMBER’’.—For purposes of this chapter and other provisions of law providing for computation of retired or retainer pay of members of the uniformed 

services, a person shall be considered to first become a member of 

a uniformed service on the date the person is first enlisted, inducted, or appointed in a uniformed service. 

(b) REFERENCES IN TABLES.—Section references in tables in 

this chapter are to sections of this title. 

(Added Pub. L. 99–348, title I, Sec. 105, July 1, 1986, 100 Stat. 691.) 

§ 1412. Administrative provisions 

(a) ROUNDING.—Amounts computed under this chapter, if not 

a multiple of $1, shall be rounded to the next lower multiple of $1. 

(b) PAYMENT DATE.—Amounts of retired pay and retainer pay 

due a retired member of the uniformed services shall be paid on 

the first day of each month beginning after the month in which the 

right to such pay accrues. 
[§ 1413 CH. 71—COMPUTATION OF RETIRED PAY 756 

(Added Pub. L. 99–348, title I, Sec. 105, July 1, 1986, 100 Stat. 691; amended Pub. L. 111–383, 

div. A, title VI, Sec. 632(a), (b)(1), Jan. 7, 2011, 124 Stat. 4240.) 

[§ 1413. Repealed Pub. L. 108–136, div. A, title VI, Sec. 641(b), 

Nov. 24, 2003, 117 Stat. 1514] 

§ 1413a. Combat-related special compensation 

(a) AUTHORITY.—The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects 

benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b). 

(b) AMOUNT.— (1) DETERMINATION OF MONTHLY AMOUNT.—Subject to 

paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under 

subsection (a) for any month is the amount of compensation to 

which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is 

not a combat-related disability. 

(2) MAXIMUM AMOUNT.—The amount paid to an eligible 

combat-related disabled uniformed services retiree for any 

month under paragraph (1) may not exceed the amount of the 

reduction in retired pay that is applicable to the retiree for 

that month under sections 5304 and 5305 of title 38. 

(3) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.— (A) GENERAL RULE.—In the case of an eligible combatrelated disabled uniformed services retiree who is retired 

under chapter 61 of this title, the amount of the payment 

under paragraph (1) for any month shall be reduced by the 

amount (if any) by which the amount of the member’s retired pay under chapter 61 of this title exceeds the amount 

of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had 

not been retired under chapter 61 of this title. 

(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20

YEARS OF SERVICE.—In the case of an eligible combat-related disabled uniformed services retiree who is retired 

under chapter 61 of this title with fewer than 20 years of 

creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount 

(if any) by which the amount of the member’s retired pay 

under chapter 61 of this title exceeds the amount equal to 

21⁄2 percent of the member’s years of creditable service 

multiplied by the member’s retired pay base under section 

1406(b)(1) or 1407 of this title, whichever is applicable to 

the member. 

(c) ELIGIBLE RETIREES.—For purposes of this section, an eligible combat-related disabled uniformed services retiree referred to 

in subsection (a) is a member of the uniformed services who— 

(1) is entitled to retired pay (other than by reason of section 12731b of this title); and 

(2) has a combat-related disability. 

(d) PROCEDURES.—The Secretary of Defense shall prescribe 

procedures and criteria under which a disabled uniformed services 
757 § 1414 CH. 71—COMPUTATION OF RETIRED PAY 

retiree may apply to the Secretary of a military department to be 

considered to be an eligible combat-related disabled uniformed 

services retiree. Such procedures shall apply uniformly throughout 

the Department of Defense. 

(e) COMBAT-RELATED DISABILITY.—In this section, the term 

‘‘combat-related disability’’ means a disability that is compensable 

under the laws administered by the Secretary of Veterans Affairs 

and that— 

(1) is attributable to an injury for which the member was 

awarded the Purple Heart; or 

(2) was incurred (as determined under criteria prescribed 

by the Secretary of Defense)— 

(A) as a direct result of armed conflict; 

(B) while engaged in hazardous service; 

(C) in the performance of duty under conditions simulating war; or 

(D) through an instrumentality of war. 

(f) COORDINATION WITH CONCURRENT RECEIPT PROVISION.— 

Subsection (d) of section 1414 of this title provides for coordination 

between benefits under that section and under this section. 

(g) STATUS OF PAYMENTS.—Payments under this section are 

not retired pay. 

(h) SOURCE OF PAYMENTS.—Payments under this section for a 

member of the Army, Navy, Air Force, or Marine Corps shall be 

paid from the Department of Defense Military Retirement Fund. 

Payments under this section for any other member for any fiscal 

year shall be paid out of funds appropriated for pay and allowances 

payable by the Secretary concerned for that fiscal year. 

(i) OTHER DEFINITIONS.—In this section: 

(1) The term ‘‘service-connected’’ has the meaning given 

such term in section 101 of title 38. 

(2) The term ‘‘retired pay’’ includes retainer pay, emergency officers’ retirement pay, and naval pension. 

(Added Pub. L. 107–314, div. A, title VI, Sec. 636(a)(1), Dec. 2, 2002, 116 Stat. 2574; amended 

Pub. L. 108–136, div. A, title VI, Secs. 641(c)(1), 642(a)–(e)(1), Nov. 24, 2003, 117 Stat. 1514, 

1516, 1517; Pub. L. 110–181, div. A, title VI, Sec. 641(a), (b), Jan. 28, 2008, 122 Stat. 156.) 

§ 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent 

payment of retired pay and veterans’ disability 

compensation 

(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.— 

(1) IN GENERAL.—Subject to subsection (b), a member or 

former member of the uniformed services who is entitled for 

any month to retired pay and who is also entitled for that 

month to veterans’ disability compensation for a qualifying 

service-connected disability (hereinafter in this section referred 

to as a ‘‘qualified retiree’’) is entitled to be paid both for that 

month without regard to sections 5304 and 5305 of title 38. 

During the period beginning on January 1, 2004, and ending 

on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of 

retired pay is subject to subsection (c) only during the period 
§ 1414 CH. 71—COMPUTATION OF RETIRED PAY 758 

beginning on January 1, 2004, and ending on December 31, 

2004, in the case of the following: 

(A) A qualified retiree receiving veterans’ disability 

compensation for a disability rated as 100 percent. 

(B) A qualified retiree receiving veterans’ disability 

compensation at the rate payable for a 100 percent disability by reason of a determination of individual 

unemployability. 

(2) QUALIFYING SERVICE-CONNECTED DISABILITY.—In this 

section, the term ‘‘qualifying service-connected disability’’ 

means a service-connected disability or combination of serviceconnected disabilities that is rated as not less than 50 percent 

disabling by the Secretary of Veterans Affairs. 

(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.— 

(1) CAREER RETIREES.—The retired pay of a member retired under chapter 61 of this title with 20 years or more of 

service otherwise creditable under section 1405 of this title, or 

at least 20 years of service computed under section 12732 of 

this title, at the time of the member’s retirement is subject to 

reduction under sections 5304 and 5305 of title 38, but only to 

the extent that the amount of the member’s retired pay under 

chapter 61 of this title exceeds the amount of retired pay to 

which the member would have been entitled under any other 

provision of law based upon the member’s service in the uniformed services if the member had not been retired under 

chapter 61 of this title. 

(2) DISABILITY RETIREES WITH LESS THAN 20 YEARS OF SERVICE.—Subsection (a) does not apply to a member retired under 

chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less 

than 20 years of service computed under section 12732 of this 

title, at the time of the member’s retirement. 

(c) PHASE-IN OF FULL CONCURRENT RECEIPT.—During the period beginning on January 1, 2004, and ending on December 31, 

2013, retired pay payable to a qualified retiree that pursuant to the 

second sentence of subsection (a)(1) is subject to this subsection 

shall be determined as follows: 

(1) CALENDAR YEAR 2004.—For a month during 2004, the 

amount of retired pay payable to a qualified retiree is the 

amount (if any) of retired pay in excess of the current baseline 

offset plus the following: 

(A) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 

total, $750. 

(B) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 90 

percent, $500. 

(C) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 80 

percent, $350. 

(D) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 70 

percent, $250. 
759 § 1414 CH. 71—COMPUTATION OF RETIRED PAY 

(E) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 60 

percent, $125. 

(F) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 50 

percent, $100. 

(2) CALENDAR YEAR 2005.—For a month during 2005, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount specified in paragraph (1) for that 

qualified retiree; and 

(B) 10 percent of the difference between (i) the current 

baseline offset, and (ii) the amount specified in paragraph 

(1) for that member’s disability. 

(3) CALENDAR YEAR 2006.—For a month during 2006, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (2) for 

that qualified retiree; and 

(B) 20 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (2) for that qualified retiree. 

(4) CALENDAR YEAR 2007.—For a month during 2007, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (3) for 

that qualified retiree; and 

(B) 30 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (3) for that qualified retiree. 

(5) CALENDAR YEAR 2008.—For a month during 2008, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (4) for 

that qualified retiree; and 

(B) 40 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (4) for that qualified retiree. 

(6) CALENDAR YEAR 2009.—For a month during 2009, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (5) for 

that qualified retiree; and 

(B) 50 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (5) for that qualified retiree. 

(7) CALENDAR YEAR 2010.—For a month during 2010, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (6) for 

that qualified retiree; and 

(B) 60 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (6) for that qualified retiree. 
§ 1414 CH. 71—COMPUTATION OF RETIRED PAY 760 

(8) CALENDAR YEAR 2011.—For a month during 2011, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (7) for 

that qualified retiree; and 

(B) 70 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (7) for that qualified retiree. 

(9) CALENDAR YEAR 2012.—For a month during 2012, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (8) for 

that qualified retiree; and 

(B) 80 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (8) for that qualified retiree. 

(10) CALENDAR YEAR 2013.—For a month during 2013, the 

amount of retired pay payable to a qualified retiree is the sum 

of— 

(A) the amount determined under paragraph (9) for 

that qualified retiree; and 

(B) 90 percent of the difference between (i) the current 

baseline offset, and (ii) the amount determined under 

paragraph (9) for that qualified retiree. 

(11) GENERAL LIMITATION.—Retired pay determined under 

this subsection for a qualified retiree, if greater than the 

amount of retired pay otherwise applicable to that qualified retiree, shall be reduced to the amount of retired pay otherwise 

applicable to that qualified retiree. 

(d) COORDINATION WITH COMBAT-RELATED SPECIAL COMPENSATION PROGRAM.— 

(1) IN GENERAL.—A person who is a qualified retiree under 

this section and is also an eligible combat-related disabled uniformed services retiree under section 1413a of this title may 

receive special compensation in accordance with that section or 

retired pay in accordance with this section, but not both. 

(2) ANNUAL OPEN SEASON.—The Secretary concerned shall 

provide for an annual period (referred to as an ‘‘open season’’) 

during which a person described in paragraph (1) shall have 

the right to make an election to change from receipt of special 

compensation in accordance with section 1413a of this title to 

receipt of retired pay in accordance with this section, or the reverse, as the case may be. Any such election shall be made 

under regulations prescribed by the Secretary concerned. Such 

regulations shall provide for the form and manner for making 

such an election and shall provide for the date as of when such 

an election shall become effective. In the case of the Secretary 

of a military department, such regulations shall be subject to 

approval by the Secretary of Defense. 

(e) DEFINITIONS.—In this section: 

(1) RETIRED PAY.—The term ‘‘retired pay’’ includes retainer 

pay, emergency officers’ retirement pay, and naval pension. 
761 § 1414 CH. 71—COMPUTATION OF RETIRED PAY 

(2) VETERANS’ DISABILITY COMPENSATION.—The term ‘‘veterans’ disability compensation’’ has the meaning given the 

term ‘‘compensation’’ in section 101(13) of title 38. 

(3) DISABILITY RATED AS TOTAL.—The term ‘‘disability 

rated as total’’ means— 

(A) a disability, or combination of disabilities, that is 

rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or 

(B) a disability, or combination of disabilities, for 

which the scheduled rating is less than total but for which 

a rating of total is assigned by reason of inability of the 

disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for 

which veterans’ disability compensation may be paid. 

(4) CURRENT BASELINE OFFSET.— 

(A) IN GENERAL.—The term ‘‘current baseline offset’’ 

for any qualified retiree means the amount for any month 

that is the lesser of— 

(i) the amount of the applicable monthly retired 

pay of the qualified retiree for that month; and 

(ii) the amount of monthly veterans’ disability 

compensation to which the qualified retiree is entitled 

for that month. 

(B) APPLICABLE RETIRED PAY.—In subparagraph (A), 

the term ‘‘applicable retired pay’’ for a qualified retiree 

means the amount of monthly retired pay to which the 

qualified retiree is entitled, determined without regard to 

this section or sections 5304 and 5305 of title 38, except 

that in the case of such a retiree who was retired under 

chapter 61 of this title, such amount is the amount of retired pay to which the member would have been entitled 

under any other provision of law based upon the member’s 

service in the uniformed services if the member had not 

been retired under chapter 61 of this title. 

(Added Pub. L. 107–107, div. A, title VI, Sec. 641(a), Dec. 28, 2001, 115 Stat. 1149; amended 

Pub. L. 108–136, div. A, title VI, Sec. 641(a), Nov. 24, 2003, 117 Stat. 1511; Pub. L. 108–375, 

div. A, title VI, Sec. 642, Oct. 28, 2004, 118 Stat. 1957; Pub. L. 109–163, div. A, title VI, Sec. 

663, Jan. 6, 2006, 119 Stat. 3316; Pub. L. 110–181, div. A, title VI, Sec. 642(a), Jan. 28, 2008, 

122 Stat. 157.) 
762 

CHAPTER 73—ANNUITIES BASED ON RETIRED OR 

RETAINER PAY 

Subchapter Sec. 

I. Retired Serviceman’s Family Protection Plan ......................................... 1431 

II. Survivor Benefit Plan ................................................................................ 1447 

[III. Repealed.] 

SUBCHAPTER I—RETIRED SERVICEMAN’S FAMILY 

PROTECTION PLAN 

Sec. 

1431. Election of annuity: members of armed forces. 

1432. Election of annuity: former members of armed forces. 

1433. Mental incompetency of member. 

1434. Kinds of annuities that may be elected. 

1435. Eligible beneficiaries. 

1436. Computation of reduction in retired pay; withdrawal for severe financial 

hardship. 

1436a. Coverage paid up at 30 years and age 70. 

1437. Payment of annuity. 

1438. Deposits for amounts not deducted. 

1439. Refund of amounts deducted from retired pay. 

1440. Annuities not subject to legal process. 

1441. Annuities in addition to other payments. 

1442. Recovery of annuity erroneously paid. 

[1443. Repealed.] 

1444. Regulations; determinations. 

1444a. Regulations regarding payment of annuity to a representative payee. 

1445. Correction of administrative deficiencies. 

1446. Restriction on participation. 

§ 1431. Election of annuity: members of armed forces 

(a) This section applies to all members of the armed forces except— 

(1) members whose names are on a retired list other than 

a list maintained under section 12774(a) of this title; 

(2) cadets at the United States Military Academy, the 

United States Air Force Academy, or the Coast Guard Academy; and 

(3) midshipmen. 

(b) To provide an annuity under section 1434 of this title, a 

person covered by subsection (a) may elect to receive a reduced 

amount of the retired pay or retainer pay to which he may become 

entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes 

nineteen years of service for which he is entitled to credit in the 

computation of his basic pay, the election must be made at least 

two years before the first day for which retired pay or retainer pay 

is granted. However, if, because of military operations, a member 

is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before 
763 § 1432 CH. 73 (SUBCH I)—RSFPP 

completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he 

ceases to be assigned to that station or returns to the jurisdiction 

of his armed force, as the case may be. A member to whom retired 

pay or retainer pay is granted retroactively, and who is otherwise 

eligible to make an election, may make the election within ninety 

days after receiving notice that such pay has been granted to him. 

An election made after August 13, 1968, is not effective if— 

(1) the elector dies during the first thirty-day period he is 

entitled to retired pay as a result of a physical condition which 

led to his being granted retired pay under chapter 61 of title 

10 with a disability of 100 per centum under the standard 

schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination of the per centum of his disability; 

(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and 

(3) his surviving spouse or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 

based upon his death. 

(c) An election may be changed or revoked by the elector before 

the first day for which retired or retainer pay is granted. Unless 

it is made on the basis of restored mental competency under section 1433 of this title, or unless it is made before the elector completes nineteen years of service for which he is entitled to credit 

in the computation of his basic pay (in which case only the latest 

change or revocation shall be effective), the change or revocation is 

not effective if it is made less than two years before the first day 

for which retired or retainer pay is granted. The elector may, however, before the first day for which retired or retainer pay is granted, change or revoke his election (provided the change does not increase the amount of the annuity elected) to reflect a change in the 

marital or dependency status of the member or his family that is 

caused by death, divorce, annulment, remarriage, or acquisition of 

a child, if such change or revocation of election is made within two 

years of such change in marital or dependency status. 

(d) If an election made under this section is found to be void 

for any reason except fraud or willful intent of the member making 

the election, he may make a corrected election at any time within 

90 days after he is notified in writing that the election is void. A 

corrected election made under this subsection is effective as of the 

date of the voided election it replaces. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 85–861, Sec. 33(a)(11), Sept. 2, 1958, 72 Stat. 

1565; Pub. L. 87–381, Sec. 2, Oct. 4, 1961, 75 Stat. 810; Pub. L. 90–485, Sec. 1(1), (2), Aug. 

13, 1968, 82 Stat. 751; Pub. L. 96–513, title V, Sec. 511(55), Dec. 12, 1980, 94 Stat. 2925; Pub. 

L. 99–145, title XIII, Sec. 1301(a)(2), Nov. 8, 1985, 99 Stat. 735; Pub. L. 101–189, div. A, title 

XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, Sec. 

1501(c)(17), Feb. 10, 1996, 110 Stat. 499.) 

§ 1432. Election of annuity: former members of armed forces 

A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after 

that date, may, at the time he is granted that pay, make an election as provided in section 1431 of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 109.) 
§ 1433 CH. 73 (SUBCH I)—RSFPP 764 

§ 1433. Mental incompetency of member 

If a person who would be entitled to make an election under 

section 1431 or 1432 of this title is determined to be mentally incompetent by medical officers of the armed force concerned or of 

the Department of Veterans Affairs, or by a court of competent jurisdiction, and for that reason cannot make the election within the 

prescribed time, the Secretary concerned may make an election for 

that person upon the request of his spouse or, if there is no spouse, 

of his children who would be eligible to be made beneficiaries under 

section 1435 of this title. If the person for whom the Secretary has 

made an election is later determined to be mentally competent by 

medical officers of the Department of Veterans Affairs or by a court 

of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions 

made from his retired or retainer pay before that date may not be 

refunded. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), Nov. 

29, 1989, 103 Stat. 1602.) 

§ 1434. Kinds of annuities that may be elected 

(a) The annuity that a person is entitled to elect under section 

1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under section 1436(a) of 

this title, be the amount specified by the elector at the time of the 

election, but not more than 50 percent nor less than 121⁄2 percent of his retired or retainer pay, in no case less than $25. He may 

make the annuity payable— 

(1) to, or on behalf of, the surviving spouse, ending when 

the spouse dies or, if the spouse remarries before age 60, when 

the spouse remarries; 

(2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, 

ending when there is no surviving eligible child; or 

(3) to, or on behalf of, the surviving spouse, and after the 

death of that spouse or the remarriage of that spouse before 

age 60, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child. 

(b) A person may elect to provide both the annuity provided in 

clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be 

more than 50 percent nor less than 121⁄2 percent of his retired or retainer pay but in no case less than $25. 

(c) An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), 

shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there 

is no beneficiary who would be eligible for the annuity if the elector 

died. For the purposes of the preceding sentence, a child (other 

than a child who is incapable of supporting himself because of a 

mental defect or physical incapacity existing before his eighteenth 

birthday) who is at least eighteen, but under twenty-three years of 

age, and who is not pursuing a course of study or training defined 

in section 1435 of this title, shall be considered an eligible beneficiary unless the Secretary concerned approves an application sub-
765 § 1435 CH. 73 (SUBCH I)—RSFPP 

mitted by the member under section 1436(b)(4) of this title. An 

election of an annuity under clause (3) of subsection (a) shall provide that no deduction may be made from the elector’s retired or 

retainer pay after the last day of the month in which there is no 

eligible spouse because of death or divorce. 

(d) Under regulations prescribed under section 1444(a) of this 

title, a person may, before or after the first day for which retired 

or retainer pay is granted, provided for allocating, during the period of the surviving spouse’s eligibility, a part of the annuity 

under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse. 

(e) Whenever there is an increase in retired and retainer pay 

under section 1401a of this title, each annuity that is payable 

under this subchapter on the day before the effective date of that 

increase to a spouse or child of a member who died on or before 

March 20, 1974, shall be increased by the same percentage as the 

percentage of that increase, effective on the effective date of that 

increase. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 87–381, Sec. 3, Oct. 4, 1961, 75 Stat. 811; Pub. 

L. 90–485, Sec. 1(3), Aug. 13, 1968, 82 Stat. 751; Pub. L. 95–397, title I, Sec. 101(a), Sept. 30, 

1978, 92 Stat. 843; Pub. L. 96–513, title V, Sec. 511(56), Dec. 12, 1980, 94 Stat. 2925.) 

§ 1435. Eligible beneficiaries 

Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under 

this subchapter by a member of the armed forces: 

(1) The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, 

if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date. 

(2) The children of the member who are— 

(A) unmarried; 

(B) under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical 

incapacity existing before their eighteenth birthday, or at 

least eighteen, but under twenty-three, years of age and 

pursuing a full-time course of study or training in a high 

school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized 

educational institution; 

(C) legitimate or adopted children of, or stepchildren 

in fact dependent for their support upon, the member; 

(D) living on the date when the member is retired or 

becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer 

pay on November 1, 1953, living on that date; and 

(E) born on or before the date prescribed in clause (D). 

For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days 

if he has demonstrated to the satisfaction of the Secretary concerned that he has a bonafide intention of commencing, resuming, 

or continuing to pursue a full-time course of study or training in 
§ 1436 CH. 73 (SUBCH I)—RSFPP 766 

a recognized educational institution immediately after that interval. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90–485, Sec. 1(4), (5), Aug. 13, 1968, 82 Stat. 

752; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706.) 

§ 1436. Computation of reduction in retired pay; withdrawal 

for severe financial hardship 

(a) The reduction in the retired or retainer pay of any person 

who elects an annuity under this subchapter shall be computed by 

the armed force concerned as of the date when the person becomes 

eligible for that pay but without regard to any increase in that pay 

to reflect changes in the Consumer Price Index. It shall be computed under an actuarial equivalent method based on (1) appropriate actuarial tables selected by the Board of Actuaries, and (2) 

an interest rate of 3 percent a year, or such other rate as the Secretary of the Treasury, after considering the average yield on outstanding marketable long-term obligations of the United States 

during the preceding six months, may specify by August 1 of any 

year for the following year. The method and tables shall be those 

in effect on the date as of which the computation is made. 

(b) Under regulations prescribed under section 1444(a) of this 

title, the Secretary concerned may, upon application by the retired 

member, allow the member— 

(1) to reduce the amount of the annuity specified by him 

under section 1434(a) and 1434(b) of this title but to not less 

than the prescribed minimum; or 

(2) to withdraw from participation in an annuity program 

under this title; or 

(3) to elect the annuity provided under clause (1) of section 

1434(a) of this title in place of the annuity provided under 

clause (3) of such section, if on the first day for which retired 

or retainer pay is granted the member had in effect a valid 

election under clause (3) of such section, and he does not have 

a child beneficiary who would be eligible for the annuity provided under clause (3) of such section. For this purpose, a child 

(other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before 

his eighteenth birthday) who is at least eighteen, but under 

twenty-three years of age shall not be considered an eligible 

beneficiary; or 

(4) to elect that a child (other than a child who is incapable of supporting himself because of a mental defect or physical 

incapacity existing before his eighteenth birthday) who is at 

least eighteen, but under twenty-three years of age shall not 

be considered eligible for the annuity provided under clause (2) 

of section 1434(a) of this title, or for an annuity provided under 

section 1434(b) of this title, if on the first day for which retired 

or retainer pay is granted the member had in effect a valid 

election under clause (2) of section 1434(a) of this title, or 

under section 1434(b) of this title. 

A retired member may not reduce an annuity under clause (1) of 

this subsection, or withdraw under clause (2) of this subsection, 

earlier than the first day of the seventh calendar month beginning 

after he applies for reduction or withdrawal. A change of election 
767 § 1437 CH. 73 (SUBCH I)—RSFPP 

under clause (3) of this subsection shall be effective on the first day 

of the month following the month in which application is made. An 

election under clause (4) of this subsection shall be effective on the 

first day of the month following the month in which application is 

made and, if on the effective date there is no surviving child who 

would be eligible for an annuity provided under clause (2) of section 1434(a), or under section 1434(b), of this title if the elector 

died, no deduction shall be made for such an annuity to, or on behalf of, a child from the elector’s retired or retainer pay for that 

month or any subsequent month. No amounts by which a member’s 

retired or retainer pay is reduced prior to the effective date of a 

reduction of annuity, withdrawal, change of election, or election 

under this subsection may be refunded to, or credited on behalf of, 

the member by virtue of an application made by him under this 

subsection. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 87–381, Sec. 4, Oct. 4, 1961, 75 Stat. 811; Pub. 

L. 90–207, Sec. 2(a)(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 90–485, Sec. 1(6), Aug. 13, 1968, 

82 Stat. 753; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–106, div. 

A, title XV, Sec. 1505(c), Feb. 10, 1996, 110 Stat. 514.) 

§ 1436a. Coverage paid up at 30 years and age 70 

Effective October 1, 2008, a reduction under this subchapter in 

the retired or retainer pay of a person electing an annuity under 

this subchapter may not be made for any month after the later of— 

(1) the month that is the 360th month for which that person’s retired or retainer pay is reduced pursuant to such an 

election; and 

(2) the month during which that person attains 70 years 

of age. 

(Added Pub. L. 106–65, div. A, title VI, Sec. 655(a), Oct. 5, 1999, 113 Stat. 667.) 

§ 1437. Payment of annuity 

(a) Except as provided in subsections (b) and (c), each annuity 

payable under this subchapter accrues as of the first day of the 

month in which the person upon whose pay the annuity is based 

dies. Payments shall be made in equal installments and not later 

than the fifteenth day of each month following that month. However, no annuity accrues for the month in which entitlement thereto ends. The monthly amount of an annuity payable under this 

subchapter, if not a multiple of $1, shall be rounded to the next 

lower multiple of $1. 

(b) Each annuity payable to or on behalf of an eligible child 

(other than a child who is incapable of supporting himself because 

of a mental defect or physical incapacity existing before his eighteenth birthday) as defined in section 1435(2)(B) of this title who is 

at least eighteen years of age and pursuing a full-time course of 

study or training at a recognized educational institution, accrues— 

(1) as of the first day of the month in which the member 

upon whose pay the annuity is based dies, if the eligible child’s 

eighteenth birthday occurs in the same or a preceding month. 

(2) as of the first day of the month in which the eighteenth 

birthday of an eligible child occurs, if the member upon whose 

pay the annuity is based died in a preceding month. 

(3) as of the first day of the month in which a child first 

becomes or again becomes eligible, if that eligible child’s eight-
§ 1438 CH. 73 (SUBCH I)—RSFPP 768 

eenth birthday and the death of the member upon whose pay 

the annuity is based both occurred in a preceding month or 

months. 

However, no such annuity is payable or accrues for any month before November 1, 1968. 

(c)(1) Upon application of the beneficiary of a member entitled 

to retired or retainer pay whose retired or retainer pay has been 

suspended because the member has been determined to be missing, 

the Secretary concerned may determine for purposes of this subchapter that the member is presumed dead. Any such determination shall be made in accordance with regulations prescribed under 

section 1444(a) of this title. The Secretary concerned may not make 

a determination for purposes of this subchapter that a member is 

presumed dead unless he finds— 

(A) that the member has been missing for at least 30 days; 

and 

(B) that the circumstances under which the member is 

missing would lead a reasonably prudent person to conclude 

that the member is dead. 

(2) Upon a determination under paragraph (1) with respect to 

a member, an annuity otherwise payable under this subchapter 

shall be paid as if the member died on the date as of which the 

retired or retainer pay of the member was suspended. 

(3)(A) If, after a determination under paragraph (1), the Secretary concerned determines that the member is alive, any annuity 

being paid under this subchapter by reason of this subsection shall 

be promptly terminated and the total amount of any annuity payments made by reason of this subsection shall constitute a debt to 

the United States which may be collected or offset— 

(i) from any retired or retainer pay otherwise payable to 

the member; 

(ii) if the member is entitled to compensation under chapter 11 of title 38, from that compensation; or 

(iii) if the member is entitled to any other payment from 

the United States, from that payment. 

(B) If the member dies before the full recovery of the amount 

of annuity payments described in subparagraph (A) has been made 

by the United States, the remaining amount of such annuity payments may be collected from the member’s beneficiary under this 

subchapter if that beneficiary was the recipient of the annuity payments made by reason of this subsection. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90–485, Sec. 1(7), Aug. 13, 1968, 82 Stat. 753; 

Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 96–513, title V, Sec. 511(57), 

Dec. 12, 1980, 94 Stat. 2925; Pub. L. 98–94, title IX, Sec. 922(a)(14)(A), Sept. 24, 1983, 97 Stat. 

642; Pub. L. 98–525, title VI, Sec. 642(a)(1), Oct. 19, 1984, 98 Stat. 2545; Pub. L. 99–145, title 

XIII, Sec. 1303(a)(9), Nov. 8, 1985, 99 Stat. 739.) 

§ 1438. Deposits for amounts not deducted 

If, for any period, a person who has been retired or has become 

entitled to retired or retainer pay, and who has elected an annuity 

under this subchapter, is not entitled to retired or retainer pay, he 

must deposit in the Treasury the amount that would otherwise 

have been deducted from his pay for that period to provide the annuity. 
769 § 1444 CH. 73 (SUBCH I)—RSFPP 

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Sept. 21, 1972, Pub. L. 92–425, Sec. 1(2)(A), 86 Stat. 

706.) 

§ 1439. Refund of amounts deducted from retired pay 

If a person whose name is on the temporary disability retired 

list of an armed force, and who has elected an annuity under this 

subchapter, has his name removed from that list for any reason 

other than retirement or grant of retired pay, he is entitled to a 

refund of the difference between the amount by which his retired 

pay was reduced to provide the annuity and the cost of an amount 

of term insurance equal to the protection provided for his dependents during the period that he was on that list. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 

706.) 

§ 1440. Annuities not subject to legal process 

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 

706; Pub. L. 98–525, title VI, Sec. 642(a)(2), Oct. 19, 1984, 98 Stat. 2546; Pub. L. 99–145, title 

XIII, Sec. 1303(a)(10), Nov. 8, 1985, 99 Stat. 739.) 

§ 1441. Annuities in addition to other payments 

An annuity under this subchapter is in addition to any pension 

or other payment to which the beneficiary is entitled under any 

other provision of law, and may not be considered as income under 

any law administered by the Department of Veterans Affairs. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 85–857, Sec. 13(v)(1), Sept. 2, 1958, 72 Stat. 

1266; Pub. L. 85–861, Sec. 1(31B), Sept. 2, 1958, 72 Stat. 1452; Pub. L. 86–211, Sec. 8(a), Aug. 

29, 1959, 73 Stat. 436; Pub. L. 91–588, Sec. 8(b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92–425, 

Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(1), 

Nov. 29, 1989, 103 Stat. 1602.) 

§ 1442. Recovery of annuity erroneously paid 

In addition to other methods of recovery provided by law, the 

Secretary concerned may authorize the recovery, by deduction from 

later payments to a person, of any amount erroneously paid to him 

under this subchapter. However, recovery is not required if, in the 

judgment of the Secretary concerned, there has been no fault by 

the person to whom the amount was erroneously paid and recovery 

would be contrary to the purposes of this subchapter or against equity and good conscience. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 

706; Pub. L. 104–316, title I, Sec. 105(a), Oct. 19, 1996, 110 Stat. 3830.) 

[§ 1443. Repealed. Pub. L. 92–425, Sec. 1(2)(B), Sept. 21, 1972, 

86 Stat. 706] 

§ 1444. Regulations; determinations 

(a) The President shall prescribe regulations to carry out this 

subchapter. Those regulations shall, so far as practicable, be uniform for the armed forces, the National Oceanic and Atmospheric 

Administration, and the Public Health Service. 

(b) Determinations and certifications of eligibility for, and payments of, annuities and other payments or refunds under this subchapter shall be made by the department concerned. However, in 
§ 1444a CH. 73 (SUBCH I)—RSFPP 770 

the case of a department other than a military department, payments shall be made through the disbursing facilities of the Department of the Treasury. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 87–381, Sec. 5, Oct. 4, 1961, 75 Stat. 811; Pub. 

L. 89–718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 92–425, Sec. 1(2)(A), (C), Sept. 21, 

1972, 86 Stat. 706; Pub. L. 96–513, title V, Sec. 511(58), Dec. 12, 1980, 94 Stat. 2925.) 

§ 1444a. Regulations regarding payment of annuity to a representative payee 

(a) The regulations prescribed pursuant to section 1444(a) of 

this title shall provide procedures for the payment of an annuity 

under this subchapter in the case of— 

(1) a person for whom a guardian or other fiduciary has 

been appointed; and 

(2) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not 

been appointed. 

(b) Those regulations may include the provisions set out in section 1455(d)(2) of this title. 

(c) An annuity paid to a person on behalf of an annuitant in 

accordance with the regulations prescribed pursuant to subsection 

(a) discharges the obligation of the United States for payment to 

the annuitant of the amount of the annuity so paid. 

(Added Pub. L. 102–190, div. A, title VI, Sec. 654(b)(1), Dec. 5, 1991, 105 Stat. 1390; amended 

Pub. L. 105–85, div. A, title X, Sec. 1073(a)(26), Nov. 18, 1997, 111 Stat. 1901.) 

§ 1445. Correction of administrative deficiencies 

Whenever he considers it necessary, the Secretary concerned 

may, under regulations prescribed under section 1444(a) of this 

title, correct any election, or any change or revocation of an election, under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction under this section is final and conclusive on all officers of 

the United States. 

(Added Pub. L. 87–381, Sec. 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 92–425, Sec. 

1(2)(A), Sept. 21, 1972, 86 Stat. 706.) 

§ 1446. Restriction on participation 

(a) Notwithstanding section 1441 of this title, if a person— 

(1) has made an election under this subchapter; and 

(2) is retired for physical disability before he completes 19 

years of service for which he is entitled to credit in the computation of his basic pay; 

and thereafter dies, his beneficiaries are not entitled to the annuities provided under this subchapter until they give proof to the department concerned that they are not eligible for benefits under 

chapter 11 or 13 of title 38. If the beneficiaries are not eligible for 

benefits under chapter 11 or 13 of title 38, the annuity shall begin 

on the first day of the month in which the death occurs. 

(b) Whenever the beneficiaries on whose behalf the election 

was made are restricted, under subsection (a), from participating in 

the annuities provided under this subchapter, the amount withheld 

from the elector’s retired or retainer pay as a result of an election 

under this subchapter shall be refunded to the beneficiaries, less 
771 § 1447 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

the amount of any annuities paid under this subchapter, and in either case without interest. 

(Added Pub. L. 87–381, Sec. 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 90–485, Sec. 1(8), 

Aug. 13, 1968, 82 Stat. 754; Pub. L. 92–425, Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706.) 

SUBCHAPTER II—SURVIVOR BENEFIT PLAN 

Sec. 

1447. Definitions. 

1448. Application of Plan. 

1448a. Election to discontinue participation: one-year opportunity after second 

anniversary of commencement of payment of retired pay. 

1449. Mental incompetency of member. 

1450. Payment of annuity: beneficiaries. 

1451. Amount of annuity. 

1452. Reduction in retired pay. 

1453. Recovery of annuity erroneously paid. 

1454. Correction of administrative errors. 

1455. Regulations. 

§ 1447. Definitions 

In this subchapter: 

(1) PLAN.—The term ‘‘Plan’’ means the Survivor Benefit 

Plan established by this subchapter. 

(2) STANDARD ANNUITY.—The term ‘‘standard annuity’’ 

means an annuity provided by virtue of eligibility under section 1448(a)(1)(A) of this title. 

(3) RESERVE-COMPONENT ANNUITY.—The term ‘‘reservecomponent annuity’’ means an annuity provided by virtue of 

eligibility under section 1448(a)(1)(B) of this title. 

(4) RETIRED PAY.—The term ‘‘retired pay’’ includes retainer 

pay paid under section 6330 of this title. 

(5) RESERVE-COMPONENT RETIRED PAY.—The term ‘‘reservecomponent retired pay’’ means retired pay under chapter 1223 

of this title (or under chapter 67 of this title as in effect before 

the effective date of the Reserve Officer Personnel Management Act). 

(6) BASE AMOUNT.—The term ‘‘base amount’’ means the following: 

(A) FULL AMOUNT UNDER STANDARD ANNUITY.—In the 

case of a person who dies after becoming entitled to retired 

pay, such term means the amount of monthly retired pay 

(determined without regard to any reduction under section 

1409(b)(2) of this title) to which the person— 

(i) was entitled when he became eligible for that 

pay; or 

(ii) later became entitled by being advanced on the 

retired list, performing active duty, or being transferred from the temporary disability retired list to the 

permanent disability retired list. 

(B) FULL AMOUNT UNDER RESERVE-COMPONENT ANNUITY.—In the case of a person who would have become eligible for reserve-component retired pay but for the fact that 

he died before becoming 60 years of age, such term means 

the amount of monthly retired pay for which the person 

would have been eligible— 
§ 1447 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 772 

(i) if he had been 60 years of age on the date of 

his death, for purposes of an annuity to become effective on the day after his death in accordance with a 

designation made under section 1448(e) of this title; or 

(ii) upon becoming 60 years of age (if he had lived 

to that age), for purposes of an annuity to become effective on the 60th anniversary of his birth in accordance with a designation made under section 1448(e) of 

this title. 

(C) REDUCED AMOUNT.—Such term means any amount 

less than the amount otherwise applicable under subparagraph (A) or (B) with respect to an annuity provided under 

the Plan but which is not less than $300 and which is designated by the person (with the concurrence of the person’s 

spouse, if required under section 1448(a)(3) of this title) 

providing the annuity on or before— 

(i) the first day for which he becomes eligible for 

retired pay, in the case of a person providing a standard annuity, or 

(ii) the end of the 90-day period beginning on the 

date on which he receives the notification required by 

section 12731(d) of this title that he has completed the 

years of service required for eligibility for reserve-component retired pay, in the case of a person providing 

a reserve-component annuity. 

(7) WIDOW.—The term ‘‘widow’’ means the surviving wife 

of a person who, if not married to the person at the time he 

became eligible for retired pay— 

(A) was married to him for at least one year immediately before his death; or 

(B) is the mother of issue by that marriage. 

(8) WIDOWER.—The term ‘‘widower’’ means the surviving 

husband of a person who, if not married to the person at the 

time she became eligible for retired pay— 

(A) was married to her for at least one year immediately before her death; or 

(B) is the father of issue by that marriage. 

(9) SURVIVING SPOUSE.—The term ‘‘surviving spouse’’ 

means a widow or widower. 

(10) FORMER SPOUSE.—The term ‘‘former spouse’’ means 

the surviving former husband or wife of a person who is eligible to participate in the Plan. 

(11) DEPENDENT CHILD.— 

(A) IN GENERAL.—The term ‘‘dependent child’’ means a 

person who— 

(i) is unmarried; 

(ii) is (I) under 18 years of age, (II) at least 18, but 

under 22, years of age and pursuing a full-time course 

of study or training in a high school, trade school, 

technical or vocational institute, junior college, college, 

university, or comparable recognized educational institution, or (III) incapable of self support because of a 

mental or physical incapacity existing before the person’s eighteenth birthday or incurred on or after that 
773 § 1447 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

birthday, but before the person’s twenty-second birthday, while pursuing such a full-time course of study or 

training; and 

(iii) is the child of a person to whom the Plan applies, including (I) an adopted child, and (II) a stepchild, foster child, or recognized natural child who 

lived with that person in a regular parent-child relationship. 

(B) SPECIAL RULES FOR COLLEGE STUDENTS.—For the 

purpose of subparagraph (A), a child whose twenty-second 

birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of 

study or training, is considered to have become 22 years 

of age on the first day of July after that birthday. A child 

who is a student is considered not to have ceased to be a 

student during an interim between school years if the interim is not more than 150 days and if the child shows to 

the satisfaction of the Secretary of Defense that the child 

has a bona fide intention of continuing to pursue a course 

of study or training in the same or a different school during the school semester (or other period into which the 

school year is divided) immediately after the interim. 

(C) FOSTER CHILDREN.—A foster child, to qualify under 

this paragraph as the dependent child of a person to whom 

the Plan applies, must, at the time of the death of that 

person, also reside with, and receive over one-half of his 

support from, that person, and not be cared for under a social agency contract. The temporary absence of a foster 

child from the residence of that person, while a student as 

described in this paragraph, shall not be considered to affect the residence of such a foster child. 

(12) COURT.—The term ‘‘court’’ has the meaning given that 

term by section 1408(a)(1) of this title. 

(13) COURT ORDER.— 

(A) IN GENERAL.—The term ‘‘court order’’ means a 

court’s final decree of divorce, dissolution, or annulment or 

a court ordered, ratified, or approved property settlement 

incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, 

dissolution, annulment, or legal separation, or of a court 

ordered, ratified, or approved property settlement agreement incident to such previously issued decree). 

(B) FINAL DECREE.—The term ‘‘final decree’’ means a 

decree from which no appeal may be taken or from which 

no appeal has been taken within the time allowed for the 

taking of such appeals under the laws applicable to such 

appeals, or a decree from which timely appeal has been 

taken and such appeal has been finally decided under the 

laws applicable to such appeals. 

(C) REGULAR ON ITS FACE.—The term ‘‘regular on its 

face’’, when used in connection with a court order, means 

a court order that meets the conditions prescribed in section 1408(b)(2) of this title. 
§ 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 774 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 706; amended Pub. L. 94–496, Sec. 

1(1), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, Sec. 201, Sept. 30, 1978, 92 Stat. 

843; Pub. L. 96–402, Sec. 2, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97–252, title X, Sec. 1003(a), 

Sept. 8, 1982, 96 Stat. 735; Pub. L. 98–94, title IX, Sec. 941(c)(1), Sept. 24, 1983, 97 Stat. 653; 

Pub. L. 99–145, title VII, Sec. 719(1), (2), 721(b), Nov. 8, 1985, 99 Stat. 675, 676; Pub. L. 99– 

348, title III, Sec. 301(a)(1), July 1, 1986, 100 Stat. 702; Pub. L. 99–661, div. A, title XIII, Sec. 

1343(a)(8)(A), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–180, div. A, title XII, Sec. 1231(17), 

Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–189, div. A, title XIV, Sec. 1407(a)(1)–(3), Nov. 29, 

1989, 103 Stat. 1588; Pub. L. 101–510, div. A, title XIV, Sec. 1484(l)(4)(C)(i), Nov. 5, 1990, 104 

Stat. 1720; Pub. L. 103–337, div. A, title XVI, Sec. 1671(d), Oct. 5, 1994, 108 Stat. 3014; Pub. 

L. 104–201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2551.) 

§ 1448. Application of Plan 

(a) GENERAL RULES FOR PARTICIPATION IN THE PLAN.— (1) NAME OF PLAN; ELIGIBLE PARTICIPANTS.—The program 

established by this subchapter shall be known as the Survivor 

Benefit Plan. The following persons are eligible to participate 

in the Plan: 

(A) Persons entitled to retired pay. 

(B) Persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 

years of age. 

(2) PARTICIPANTS IN THE PLAN.—The Plan applies to the 

following persons, who shall be participants in the Plan: 

(A) STANDARD ANNUITY PARTICIPANTS.—A person who 

is eligible to participate in the Plan under paragraph 

(1)(A) and who is married or has a dependent child when 

he becomes entitled to retired pay, unless he elects (with 

his spouse’s concurrence, if required under paragraph (3)) 

not to participate in the Plan before the first day for which 

he is eligible for that pay. 

(B) RESERVE-COMPONENT ANNUITY PARTICIPANTS.—A 

person who (i) is eligible to participate in the Plan under 

paragraph (1)(B), and (ii) is married or has a dependent 

child when he is notified under section 12731(d) of this 

title that he has completed the years of service required 

for eligibility for reserve-component retired pay, unless the 

person elects (with his spouse’s concurrence, if required 

under paragraph (3)) not to participate in the Plan before 

the end of the 90-day period beginning on the date on 

which he receives that notification. 

A person who elects under subparagraph (B) not to participate 

in the Plan remains eligible, upon reaching 60 years of age and 

otherwise becoming entitled to retired pay, to participate in the 

Plan in accordance with eligibility under paragraph (1)(A). 

(3) ELECTIONS.— 

(A) SPOUSAL CONSENT FOR CERTAIN ELECTIONS RESPECTING STANDARD ANNUITY.—A married person who is 

eligible to provide a standard annuity may not without the 

concurrence of the person’s spouse elect— 

(i) not to participate in the Plan; 

(ii) to provide an annuity for the person’s spouse 

at less than the maximum level; or 

(iii) to provide an annuity for a dependent child 

but not for the person’s spouse. 

(B) SPOUSAL CONSENT FOR CERTAIN ELECTIONS RE- SPECTING RESERVE-COMPONENT ANNUITY.—A married per-
775 § 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

son who is eligible to provide a reserve-component annuity 

may not without the concurrence of the person’s spouse 

elect— 

(i) not to participate in the Plan; 

(ii) to designate under subsection (e)(2) the effective date for commencement of annuity payments 

under the Plan in the event that the member dies before becoming 60 years of age to be the 60th anniversary of the member’s birth (rather than the day after 

the date of the member’s death); 

(iii) to provide an annuity for the person’s spouse 

at less than the maximum level; or 

(iv) to provide an annuity for a dependent child 

but not for the person’s spouse. 

(C) EXCEPTION WHEN SPOUSE UNAVAILABLE.—A person 

may make an election described in subparagraph (A) or (B) 

without the concurrence of the person’s spouse if the person establishes to the satisfaction of the Secretary concerned— 

(i) that the spouse’s whereabouts cannot be determined; or 

(ii) that, due to exceptional circumstances, requiring the person to seek the spouse’s consent would otherwise be inappropriate. 

(D) CONSTRUCTION WITH FORMER SPOUSE ELECTION

PROVISIONS.—This paragraph does not affect any right or 

obligation to elect to provide an annuity for a former 

spouse (or for a former spouse and dependent child) under 

subsection (b)(2). 

(E) NOTICE TO SPOUSE OF ELECTION TO PROVIDE

FORMER SPOUSE ANNUITY.—If a married person who is eligible to provide a standard annuity elects to provide an 

annuity for a former spouse (or for a former spouse and dependent child) under subsection (b)(2), that person’s spouse 

shall be notified of that election. 

(4) IRREVOCABILITY OF ELECTIONS.— 

(A) STANDARD ANNUITY.—An election under paragraph 

(2)(A) is irrevocable if not revoked before the date on 

which the person first becomes entitled to retired pay. 

(B) RESERVE-COMPONENT ANNUITY.—An election under 

paragraph (2)(B) is irrevocable if not revoked before the 

end of the 90-day period referred to in that paragraph. 

(5) PARTICIPATION BY PERSON MARRYING AFTER RETIREMENT, ETC.— 

(A) ELECTION TO PARTICIPATE IN PLAN.—A person who 

is not married and has no dependent child upon becoming 

eligible to participate in the Plan but who later marries or 

acquires a dependent child may elect to participate in the 

Plan. 

(B) MANNER AND TIME OF ELECTION.—Such an election 

must be written, signed by the person making the election, 

and received by the Secretary concerned within one year 

after the date on which that person marries or acquires 

that dependent child. 
§ 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 776 

(C) LIMITATION ON REVOCATION OF ELECTION.—Such 

an election may not be revoked except in accordance with 

subsection (b)(3). 

(D) EFFECTIVE DATE OF ELECTION.—The election is effective as of the first day of the first calendar month following the month in which the election is received by the 

Secretary concerned. 

(E) DESIGNATION IF RCSBP ELECTION.—In the case of a 

person providing a reserve-component annuity, such an 

election shall include a designation under subsection (e). 

(6) ELECTION OUT OF PLAN BY PERSON WITH SPOUSE COVERAGE WHO REMARRIES.— 

(A) GENERAL RULE.—A person— 

(i) who is a participant in the Plan and is providing coverage under the Plan for a spouse (or a 

spouse and child); 

(ii) who does not have an eligible spouse beneficiary under the Plan; and 

(iii) who remarries, 

may elect not to provide coverage under the Plan for 

the person’s spouse. 

(B) EFFECT OF ELECTION ON RETIRED PAY.—If such an 

election is made, reductions in the retired pay of that person under section 1452 of this title shall not be made. 

(C) TERMS AND CONDITIONS OF ELECTION.—An election 

under this paragraph— 

(i) is irrevocable; 

(ii) shall be made within one year after the person’s remarriage; and 

(iii) shall be made in such form and manner as 

may be prescribed in regulations under section 1455 of 

this title. 

(D) NOTICE TO SPOUSE.—If a person makes an election 

under this paragraph— 

(i) not to participate in the Plan; 

(ii) to provide an annuity for the person’s spouse 

at less than the maximum level; or 

(iii) to provide an annuity for a dependent child 

but not for the person’s spouse, the person’s spouse 

shall be notified of that election. 

(E) CONSTRUCTION WITH FORMER SPOUSE ELECTION

PROVISIONS.—This paragraph does not affect any right or 

obligation to elect to provide an annuity to a former spouse 

under subsection (b). 

(b) INSURABLE INTEREST AND FORMER SPOUSE COVERAGE.— 

(1) COVERAGE FOR PERSON WITH INSURABLE INTEREST.— 

(A) GENERAL RULE.—A person who is not married and 

does not have a dependent child upon becoming eligible to 

participate in the Plan may elect to provide an annuity 

under the Plan to a natural person with an insurable interest in that person. In the case of a person providing a 

reserve-component annuity, such an election shall include 

a designation under subsection (e). 
777 § 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(B) TERMINATION OF COVERAGE.—An election under 

subparagraph (A) for a beneficiary who is not the former 

spouse of the person providing the annuity may be terminated. Any such termination shall be made by a participant by the submission to the Secretary concerned of a request to discontinue participation in the Plan, and such 

participation in the Plan shall be discontinued effective on 

the first day of the first month following the month in 

which the request is received by the Secretary concerned. 

Effective on such date, the Secretary concerned shall discontinue the reduction being made in such person’s retired 

pay on account of participation in the Plan or, in the case 

of a person who has been required to make deposits in the 

Treasury on account of participation in the Plan, such person may discontinue making such deposits effective on 

such date. 

(C) FORM FOR DISCONTINUATION.—A request under 

subparagraph (B) to discontinue participation in the Plan 

shall be in such form and shall contain such information 

as may be required under regulations prescribed by the 

Secretary of Defense. 

(D) WITHDRAWAL OF REQUEST FOR DISCONTINUATION.— The Secretary concerned shall furnish promptly to each 

person who submits a request under subparagraph (B) to 

discontinue participation in the Plan a written statement 

of the advantages and disadvantages of participating in 

the Plan and the possible disadvantages of discontinuing 

participation. A person may withdraw the request to discontinue participation if withdrawn within 30 days after 

having been submitted to the Secretary concerned. 

(E) CONSEQUENCES OF DISCONTINUATION.—Once participation is discontinued, benefits may not be paid in conjunction with the earlier participation in the Plan and premiums paid may not be refunded. Participation in the Plan 

may not later be resumed except through a qualified election under paragraph (5) of subsection (a) or under subparagraph (G) of this paragraph. 

(F) VITIATION OF ELECTION BY DISABILITY RETIREE WHO

DIES OF DISABILITY-RELATED CAUSE.—If a member retired 

after November 23, 2003, under chapter 61 of this title 

dies within one year after the date on which the member 

is so retired and the cause of death is related to a disability for which the member was retired under that chapter (as determined under regulations prescribed by the 

Secretary of Defense)— 

(i) an election made by the member under paragraph (1) to provide an annuity under the Plan to any 

person other than a dependent of that member (as defined in section 1072(2) of this title) is vitiated; and 

(ii) the amounts by which the member’s retired 

pay was reduced under section 1452 of this title shall 

be refunded and paid to the person to whom the annuity under the Plan would have been paid pursuant to 

such election. 
§ 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 778 

(G) ELECTION OF NEW BENEFICIARY UPON DEATH OF

PREVIOUS BENEFICIARY.— (i) AUTHORITY FOR ELECTION.—If the reason for 

discontinuation in the Plan is the death of the beneficiary, the participant in the Plan may elect a new 

beneficiary. Any such beneficiary must be a natural 

person with an insurable interest in the participant. 

Such an election may be made only during the 180-day 

period beginning on the date of the death of the previous beneficiary. 

(ii) PROCEDURES.—Such an election shall be in 

writing, signed by the participant, and made in such 

form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day 

of the first month following the month in which the 

election is received by the Secretary. 

(iii) VITIATION OF ELECTION BY PARTICIPANT WHO

DIES WITHIN TWO YEARS OF ELECTION.—If a person providing an annuity under a election under clause (i) 

dies before the end of the two-year period beginning 

on the effective date of the election— 

(I) the election is vitiated; and 

(II) the amount by which the person’s retired 

pay was reduced under section 1452 of this title 

that is attributable to the election shall be paid in 

a lump sum to the person who would have been 

the deceased person’s beneficiary under the vitiated election if the deceased person had died after 

the end of such two-year period. 

(2) FORMER SPOUSE COVERAGE UPON BECOMING A PARTICIPANT IN THE PLAN.— (A) GENERAL RULE.—A person who has a former 

spouse upon becoming eligible to participate in the 

Plan may elect to provide an annuity to that former 

spouse. 

(B) EFFECT OF FORMER SPOUSE ELECTION ON

SPOUSE OR DEPENDENT CHILD.—In the case of a person 

with a spouse or a dependent child, such an election 

prevents payment of an annuity to that spouse or 

child (other than a child who is a beneficiary under an 

election under paragraph (4)), including payment 

under subsection (d). 

(C) DESIGNATION IF MORE THAN ONE FORMER

SPOUSE.—If there is more than one former spouse, the 

person shall designate which former spouse is to be 

provided the annuity. 

(D) DESIGNATION IF RCSBP ELECTION.—In the case 

of a person providing a reserve-component annuity, 

such an election shall include a designation under subsection (e). 

(3) FORMER SPOUSE COVERAGE BY PERSONS ALREADY PARTICIPATING IN PLAN.— 

(A) ELECTION OF COVERAGE.— 

(i) AUTHORITY FOR ELECTION.—A person— 
779 § 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(I) who is a participant in the Plan and is providing coverage for a spouse or a spouse and child 

(even though there is no beneficiary currently eligible for such coverage), and 

(II) who has a former spouse who was not 

that person’s former spouse when that person became eligible to participate in the Plan, may (subject to subparagraph (B)) elect to provide an annuity to that former spouse. 

(ii) TERMINATION OF PREVIOUS COVERAGE.—Any 

such election terminates any previous coverage under 

the Plan. 

(iii) MANNER AND TIME OF ELECTION.—Any such 

election must be written, signed by the person making 

the election, and received by the Secretary concerned 

within one year after the date of the decree of divorce, 

dissolution, or annulment. 

(B) LIMITATION ON ELECTION.—A person may not 

make an election under subparagraph (A) to provide an 

annuity to a former spouse who that person married after 

becoming eligible for retired pay unless— 

(i) the person was married to that former spouse 

for at least one year, or 

(ii) that former spouse is the parent of issue by 

that marriage. 

(C) IRREVOCABILITY, ETC.—An election under this 

paragraph may not be revoked except in accordance with 

section 1450(f) of this title. This paragraph does not provide the authority to change a designation previously 

made under subsection (e). 

(D) NOTICE TO SPOUSE.—If a person who is married 

makes an election to provide an annuity to a former 

spouse under this paragraph, that person’s spouse shall be 

notified of the election. 

(E) EFFECTIVE DATE OF ELECTION.—An election under 

this paragraph is effective as of— 

(i) the first day of the first month following the 

month in which the election is received by the Secretary concerned; or 

(ii) in the case of a person required (as described 

in section 1450(f)(3)(B) of this title) to make the election by reason of a court order or filing the date of 

which is after October 16, 1998, the first day of the 

first month which begins after the date of that court 

order or filing. 

(4) FORMER SPOUSE AND CHILD COVERAGE.—A person who 

elects to provide an annuity for a former spouse under paragraph (2) or (3) may, at the time of the election, elect to provide coverage under that annuity for both the former spouse 

and a dependent child, if the child resulted from the person’s 

marriage to that former spouse. 

(5) DISCLOSURE OF WHETHER ELECTION OF FORMER SPOUSE

COVERAGE IS REQUIRED.—A person who elects to provide an annuity to a former spouse under paragraph (2) or (3) shall, at 
§ 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 780 

the time of making the election, provide the Secretary concerned with a written statement (in a form to be prescribed by 

that Secretary and signed by such person and the former 

spouse) setting forth— 

(A) whether the election is being made pursuant to the 

requirements of a court order; or 

(B) whether the election is being made pursuant to a 

written agreement previously entered into voluntarily by 

such person as a part of, or incident to, a proceeding of divorce, dissolution, or annulment and (if so) whether such 

voluntary written agreement has been incorporated in, or 

ratified or approved by, a court order. 

(c) PERSONS ON TEMPORARY DISABILITY RETIRED LIST.—The application of the Plan to a person whose name is on the temporary 

disability retired list terminates when his name is removed from 

that list and he is no longer entitled to disability retired pay. 

(d) COVERAGE FOR SURVIVORS OF MEMBERS WHO DIE ON AC- TIVE DUTY.— 

(1) SURVIVING SPOUSE ANNUITY.—Except as provided in 

paragraph (2)(B), the Secretary concerned shall pay an annuity 

under this subchapter to the surviving spouse of— 

(A) a member who dies while on active duty after— 

(i) becoming eligible to receive retired pay; 

(ii) qualifying for retired pay except that the member has not applied for or been granted that pay; or 

(iii) completing 20 years of active service but before the member is eligible to retire as a commissioned 

officer because the member has not completed 10 

years of active commissioned service; or 

(B) a member not described in subparagraph (A) who 

dies in line of duty while on active duty. 

(2) DEPENDENT CHILDREN.— 

(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 

In the case of a member described in paragraph (1), the 

Secretary concerned shall pay an annuity under this subchapter to the member’s dependent children under section 

1450(a)(2) of this title as applicable. 

(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE

SURVIVING SPOUSE.—In the case of a member described in 

paragraph (1) who dies after October 7, 2001, and for 

whom there is a surviving spouse eligible for an annuity 

under paragraph (1), the Secretary may pay an annuity 

under this subchapter to the member’s dependent children 

under section 1450(a)(3) of this title, if applicable, instead 

of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, in consultation with 

the surviving spouse, determines it appropriate to provide 

an annuity for the dependent children under this paragraph instead of an annuity for the surviving spouse under 

paragraph (1). 

(3) MANDATORY FORMER SPOUSE ANNUITY.—If a member 

described in paragraph (1) is required under a court order or 

spousal agreement to provide an annuity to a former spouse 

upon becoming eligible to be a participant in the Plan or has 
781 § 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

made an election under subsection (b) to provide an annuity to 

a former spouse, the Secretary— 

(A) may not pay an annuity under paragraph (1) or 

(2); but 

(B) shall pay an annuity to that former spouse as if 

the member had been a participant in the Plan and had 

made an election under subsection (b) to provide an annuity to the former spouse, or in accordance with that election, as the case may be, if the Secretary receives a written 

request from the former spouse concerned that the election 

be deemed to have been made in the same manner as provided in section 1450(f)(3) of this title. 

(4) PRIORITY.—An annuity that may be provided under 

this subsection shall be provided in preference to an annuity 

that may be provided under any other provision of this subchapter on account of service of the same member. 

(5) COMPUTATION.—The amount of an annuity under this 

subsection is computed under section 1451(c) of this title. 

(6) DEEMED ELECTION.— 

(A) ANNUITY FOR DEPENDENT.—In the case of a member described in paragraph (1) who dies after November 

23, 2003, the Secretary concerned may, if no other annuity 

is payable on behalf of the member under this subchapter, 

pay an annuity to a natural person who has an insurable 

interest in such member as if the annuity were elected by 

the member under subsection (b)(1). The Secretary concerned may pay such an annuity under this paragraph 

only in the case of a person who is a dependent of that 

member (as defined in section 1072(2) of this title). 

(B) COMPUTATION OF ANNUITY.—An annuity under this 

subparagraph shall be computed under section 1451(b) of 

this title as if the member had retired for total disability 

on the date of death with reductions as specified under 

section 1452(c) of this title, as applicable to the ages of the 

member and the natural person with an insurable interest. 

(e) DESIGNATION FOR COMMENCEMENT OF RESERVE-COMPONENT

ANNUITY.—In any case in which a person is required to make a 

designation under this subsection, the person shall designate 

whether, in the event he dies before becoming 60 years of age, the 

annuity provided shall become effective on— 

(1) the day after the date of his death; or 

(2) the 60th anniversary of his birth. 

(f) COVERAGE OF SURVIVORS OF PERSONS DYING WHEN OR BEFORE ELIGIBLE TO ELECT RESERVE-COMPONENT ANNUITY.— 

(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned 

shall pay an annuity under this subchapter to the surviving 

spouse of a person who— 

(A) is eligible to provide a reserve-component annuity 

and dies— 

(i) before being notified under section 12731(d) of 

this title that he has completed the years of service required for eligibility for reserve-component retired pay; 

or 
§ 1448 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 782 

(ii) during the 90-day period beginning on the date 

he receives notification under section 12731(d) of this 

title that he has completed the years of service required for eligibility for reserve-component retired pay 

if he had not made an election under subsection 

(a)(2)(B) to participate in the Plan; or 

(B) is a member of a reserve component not described 

in subparagraph (A) and dies from an injury or illness incurred or aggravated in the line of duty during inactiveduty training. 

(2) DEPENDENT CHILD ANNUITY.—The Secretary concerned 

shall pay an annuity under this subchapter to the dependent 

child of a person described in paragraph (1) if there is no surviving spouse or if the person’s surviving spouse subsequently 

dies. 

(3) MANDATORY FORMER SPOUSE ANNUITY.—If a person described in paragraph (1) is required under a court order or 

spousal agreement to provide an annuity to a former spouse 

upon becoming eligible to be a participant in the Plan or has 

made an election under subsection (b) to provide an annuity to 

a former spouse, the Secretary— 

(A) may not pay an annuity under paragraph (1) or 

(2); but 

(B) shall pay an annuity to that former spouse as if 

the person had been a participant in the Plan and had 

made an election under subsection (b) to provide an annuity to the former spouse, or in accordance with that election, as the case may be, if the Secretary receives a written 

request from the former spouse concerned that the election 

be deemed to have been made in the same manner as provided in section 1450(f)(3) of this title. 

(4) COMPUTATION.—The amount of an annuity under this 

subsection is computed under section 1451(c) of this title. 

(g) ELECTION TO INCREASE COVERAGE UPON REMARRIAGE.— 

(1) ELECTION.—A person— 

(A) who is a participant in the Plan and is providing 

coverage under subsection (a) for a spouse or a spouse and 

child, but at less than the maximum level; and 

(B) who remarries, 

may elect, within one year of such remarriage, to increase the 

level of coverage provided under the Plan to a level not in excess of the current retired pay of that person. 

(2) PAYMENT REQUIRED.—Such an election shall be contingent on the person paying to the United States the amount determined under paragraph (3) plus interest on such amount at 

a rate determined under regulations prescribed by the Secretary of Defense. 

(3) AMOUNT TO BE PAID.—The amount referred to in paragraph (2) is the amount equal to the difference between— 

(A) the amount that would have been withheld from 

such person’s retired pay under section 1452 of this title 

if the higher level of coverage had been in effect from the 

time the person became a participant in the Plan; and 
783 § 1448a CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(B) the amount of such person’s retired pay actually 

withheld. 

(4) MANNER OF MAKING ELECTION.—An election under 

paragraph (1) shall be made in such manner as the Secretary 

shall prescribe and shall become effective upon receipt of the 

payment required by paragraph (2). 

(5) DISPOSITION OF PAYMENTS.—A payment received under 

this subsection by the Secretary of Defense shall be deposited 

into the Department of Defense Military Retirement Fund. Any 

other payment received under this subsection shall be deposited in the Treasury as miscellaneous receipts. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 707; amended Pub. L. 94–496, Sec. 

1(2), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, Sec. 202, Sept. 30, 1978, 92 Stat. 

844; Pub. L. 97–252, title X, Sec. 1003(b), Sept. 8, 1982, 96 Stat. 735; Pub. L. 97–295, Sec. 1(18), 

Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98–94, title IX, Sec. 941(a)(1), (2), (c)(2), Sept. 24, 1983, 

97 Stat. 652, 653; Pub. L. 99–145, title V, Sec. 513(b), title VII, Sec. 712(a), 713(a), 715, 716(a), 

719(3), (8)(A), 721(a), Nov. 8, 1985, 99 Stat. 628, 670, 671, 673–676; Pub. L. 99–661, div. A, title 

VI, Sec. 641(b)(1), 642(a), title XIII, Sec. 1343(a)(8)(B), Nov. 14, 1986, 100 Stat. 3885, 3886, 

3992; Pub. L. 101–189, div. A, title XIV, Sec. 1407(a)(2), (3), Nov. 29, 1989, 103 Stat. 1588; Pub. 

L. 103–337, div. A, title VI, Sec. 638, title XVI, Sec. 1671(d)(2), Oct. 5, 1994, 108 Stat. 2791, 

3015; Pub. L. 104–201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2553; Pub. L. 105– 

85, div. A, title X, Sec. 1073(a)(27), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title 

VI, Sec. 643(a), Oct. 17, 1998, 112 Stat. 2047; Pub. L. 106–65, div. A, title X, Sec. 1066(a)(12), 

Oct. 5, 1999, 113 Stat. 771; Pub. L. 106–398, Sec. 1 [[div. A], title VI, Sec. 655(a), (b) (c)(1)– 

(3), title X, Sec. 1087(a)(10)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165, 1654A–166, 1654A–290; 

Pub. L. 107–107, div. A, title VI, Sec. 642(a), (c)(1), Dec. 28, 2001, 115 Stat. 1151, 1152; Pub. 

L. 108–136, div. A, title VI, Secs. 644(a), (b), 645(a), (b)(1), (c), Nov. 24, 2003, 117 Stat. 1517– 

1519; Pub. L. 108–375, div. A, title X, Sec. 1084(d)(10), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 

109–364, div. A, title VI, Secs. 643(a), 644(a), title X, Sec. 1071(a)(8), Oct. 17, 2006, 120 Stat. 

2260, 2261, 2398.) 

§ 1448a. Election to discontinue participation: one-year opportunity after second anniversary of commencement of payment of retired pay 

(a) AUTHORITY.—A participant in the Plan may, subject to the 

provisions of this section, elect to discontinue participation in the 

Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the 

participant commences. 

(b) CONCURRENCE OF SPOUSE.— 

(1) CONCURRENCE REQUIRED.—A married participant may 

not (except as provided in paragraph (2)) make an election 

under subsection (a) without the concurrence of the participant’s spouse. 

(2) EXCEPTIONS.—A participant may make such an election 

without the concurrence of the participant’s spouse by establishing to the satisfaction of the Secretary concerned that one 

of the conditions specified in section 1448(a)(3)(C) of this title 

exists. 

(3) FORM OF CONCURRENCE.—The concurrence of a spouse 

under paragraph (1) shall be made in such written form and 

shall contain such information as may be required under regulations prescribed by the Secretary of Defense. 

(c) LIMITATION ON ELECTION WHEN FORMER SPOUSE COVERAGE

IN EFFECT.—The limitation set forth in section 1450(f)(2) of this 

title applies to an election to discontinue participation in the Plan 

under subsection (a). 
§ 1449 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 784 

(d) WITHDRAWAL OF ELECTION TO DISCONTINUE.—Section 

1448(b)(1)(D) of this title applies to an election under subsection 

(a). 

(e) CONSEQUENCES OF DISCONTINUATION.—Section 

1448(b)(1)(E) of this title applies to an election under subsection 

(a). 

(f) NOTICE TO AFFECTED BENEFICIARIES.—The Secretary concerned shall notify any former spouse or other natural person previously designated under section 1448(b) of this title of an election 

to discontinue participation under subsection (a). 

(g) EFFECTIVE DATE OF ELECTION.—An election under subsection (a) is effective as of the first day of the first calendar month 

following the month in which the election is received by the Secretary concerned. 

(h) INAPPLICABILITY OF IRREVOCABILITY PROVISIONS.—Paragraphs (4)(B) and (5)(C) of section 1448(a) of this title do not apply 

to prevent an election under subsection (a). 

(Added Pub. L. 105–85, div. A, title VI, Sec. 641(a)(1), Nov. 18, 1997, 111 Stat. 1797.) 

§ 1449. Mental incompetency of member 

(a) ELECTION BY SECRETARY CONCERNED ON BEHALF OF MENTALLY INCOMPETENT MEMBER.—If a person to whom section 1448 

of this title applies is determined to be mentally incompetent by 

medical officers of the armed force concerned or of the Department 

of Veterans Affairs, or by a court of competent jurisdiction, an election described in subsection (a)(2) or (b) of section 1448 of this title 

may be made on behalf of that person by the Secretary concerned. 

(b) REVOCATION OF ELECTION BY MEMBER.— 

(1) AUTHORITY UPON SUBSEQUENT DETERMINATION OF MENTAL COMPETENCE.—If a person for whom the Secretary has 

made an election under subsection (a) is later determined to be 

mentally competent by an authority named in that subsection, 

that person may, within 180 days after that determination, revoke that election. 

(2) DEDUCTIONS FROM RETIRED PAY NOT TO BE REFUNDED.—Any deduction made from retired pay by reason of 

such an election may not be refunded. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title 

II, Sec. 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, Sec. 1407(a)(3), 

title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title 

VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2560.) 

§ 1450. Payment of annuity: beneficiaries 

(a) IN GENERAL.—Effective as of the first day after the death 

of a person to whom section 1448 of this title applies (or on such 

other day as that person may provide under subsection (j)), a 

monthly annuity under section 1451 of this title shall be paid to 

the person’s beneficiaries under the Plan, as follows: 

(1) SURVIVING SPOUSE OR FORMER SPOUSE.—The eligible 

surviving spouse or the eligible former spouse. 

(2) SURVIVING CHILDREN.—The surviving dependent children in equal shares, if the eligible surviving spouse or the eligible former spouse is dead, dies, or otherwise becomes ineligible under this section. 
785 § 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(3) DEPENDENT CHILDREN.—The dependent children in 

equal shares if the person to whom section 1448 of this title 

applies (with the concurrence of the person’s spouse, if required under section 1448(a)(3) of this title) elected to provide 

an annuity for dependent children but not for the spouse or 

former spouse. 

(4) NATURAL PERSON DESIGNATED UNDER ‘‘INSURABLE IN- TEREST’’ COVERAGE.—The natural person designated under section 1448(b)(1) of this title, unless the election to provide an 

annuity to the natural person has been changed as provided in 

subsection (f). 

(b) TERMINATION OF ANNUITY FOR DEATH, REMARRIAGE BEFORE

AGE 55, ETC.— (1) GENERAL RULE.—An annuity payable to the beneficiary 

terminates effective as of the first day of the month in which 

eligibility is lost. 

(2) TERMINATION OF SPOUSE ANNUITY UPON DEATH OR RE- MARRIAGE BEFORE AGE 55.—An annuity for a surviving spouse 

or former spouse shall be paid to the surviving spouse or 

former spouse while the surviving spouse or former spouse is 

living or, if the surviving spouse or former spouse remarries 

before reaching age 55, until the surviving spouse or former 

spouse remarries. 

(3) EFFECT OF TERMINATION OF SUBSEQUENT MARRIAGE BE- FORE AGE 55.—If the surviving spouse or former spouse remarries before reaching age 55 and that marriage is terminated by 

death, annulment, or divorce, payment of the annuity shall be 

resumed effective as of the first day of the month in which the 

marriage is so terminated. However, if the surviving spouse or 

former spouse is also entitled to an annuity under the Plan 

based upon the marriage so terminated, the surviving spouse 

or former spouse may not receive both annuities but must elect 

which to receive. 

(c) OFFSET FOR AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION.— 

(1) REQUIRED OFFSET.—If, upon the death of a person to 

whom section 1448 of this title applies, the surviving spouse or 

former spouse of that person is also entitled to dependency and 

indemnity compensation under section 1311(a) of title 38, the 

surviving spouse or former spouse may be paid an annuity 

under this section, but only in the amount that the annuity 

otherwise payable under this section would exceed that compensation. 

(2) EFFECTIVE DATE OF OFFSET.—A reduction in an annuity 

under this section required by paragraph (1) shall be effective 

on the date of the commencement of the period of payment of 

such dependency and indemnity compensation under title 38. 

(3) LIMITATION ON RECOUPMENT OF OFFSET AMOUNT.—Any 

amount subject to offset under this subsection that was previously paid to the surviving spouse or former spouse shall be 

recouped only to the extent that the amount paid exceeds any 

amount to be refunded under subsection (e). In notifying a surviving spouse or former spouse of the recoupment requirement, 

the Secretary shall provide the spouse or former spouse— 
§ 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 786 

(A) a single notice of the net amount to be recouped 

or the net amount to be refunded, as applicable, under this 

subsection or subsection (e); 

(B) a written explanation of the statutory requirements for recoupment of the offset amount and for refund 

of any applicable amount deducted from retired pay; 

(C) a detailed accounting of how the offset amount 

being recouped and retired pay deduction amount being refunded were calculated; and 

(D) contact information for a person who can provide 

information about the offset recoupment and retired pay 

deduction refund processes and answer questions the surviving spouse or former spouse may have about the requirements, processes, or amounts. 

(d) LIMITATION ON PAYMENT OF ANNUITIES WHEN COVERAGE

UNDER CIVIL SERVICE RETIREMENT ELECTED.—If, upon the death of 

a person to whom section 1448 of this title applies, that person had 

in effect a waiver of that person’s retired pay for the purposes of 

subchapter III of chapter 83 of title 5, an annuity under this section shall not be payable unless, in accordance with section 8339(j) 

of title 5, that person notified the Office of Personnel Management 

that he did not desire any spouse surviving him to receive an annuity under section 8341(b) of that title. 

(e) REFUND OF AMOUNTS DEDUCTED FROM RETIRED PAY WHEN

DIC OFFSET IS APPLICABLE.— 

(1) FULL REFUND WHEN DIC GREATER THAN SBP ANNUITY.— 

If an annuity under this section is not payable because of subsection (c), any amount deducted from the retired pay of the 

deceased under section 1452 of this title shall be refunded to 

the surviving spouse or former spouse. 

(2) PARTIAL REFUND WHEN SBP ANNUITY REDUCED BY DIC.— 

If, because of subsection (c), the annuity payable is less than 

the amount established under section 1451 of this title, the annuity payable shall be recalculated under that section. The 

amount of the reduction in the retired pay required to provide 

that recalculated annuity shall be computed under section 

1452 of this title, and the difference between the amount deducted before the computation of that recalculated annuity and 

the amount that would have been deducted on the basis of that 

recalculated annuity shall be refunded to the surviving spouse 

or former spouse. 

(f) CHANGE IN ELECTION OF INSURABLE INTEREST OR FORMER

SPOUSE BENEFICIARY.— 

(1) AUTHORIZED CHANGES.— 

(A) ELECTION IN FAVOR OF SPOUSE OR CHILD.—A person who elects to provide an annuity to a person designated by him under section 1448(b) of this title may, 

subject to paragraph (2), change that election and provide 

an annuity to his spouse or dependent child. 

(B) NOTICE.—The Secretary concerned shall notify the 

former spouse or other natural person previously designated under section 1448(b) of this title of any change of 

election under subparagraph (A). 
787 § 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(C) PROCEDURES, EFFECTIVE DATE, ETC.—Any such 

change of election is subject to the same rules with respect 

to execution, revocation, and effectiveness as are set forth 

in section 1448(a)(5) of this title (without regard to the eligibility of the person making the change of election to 

make such an election under that section). Notwithstanding the preceding sentence, a change of election 

under this subsection to provide an annuity to a spouse instead of a former spouse may (subject to paragraph (2)) be 

made at any time after the person providing the annuity 

remarries without regard to the time limitation in section 

1448(a)(5)(B) of this title. 

(2) LIMITATION ON CHANGE IN BENEFICIARY WHEN FORMER

SPOUSE COVERAGE IN EFFECT.—A person who, incident to a proceeding of divorce, dissolution, or annulment, is required by a 

court order to elect under section 1448(b) of this title to provide 

an annuity to a former spouse (or to both a former spouse and 

child), or who enters into a written agreement (whether voluntary or required by a court order) to make such an election, 

and who makes an election pursuant to such order or agreement, may not change that election under paragraph (1) unless, of the following requirements, whichever are applicable in 

a particular case are satisfied: 

(A) In a case in which the election is required by a 

court order, or in which an agreement to make the election 

has been incorporated in or ratified or approved by a court 

order, the person— 

(i) furnishes to the Secretary concerned a certified 

copy of a court order which is regular on its face and 

which modifies the provisions of all previous court orders relating to such election, or the agreement to 

make such election, so as to permit the person to 

change the election; and 

(ii) certifies to the Secretary concerned that the 

court order is valid and in effect. 

(B) In a case of a written agreement that has not been 

incorporated in or ratified or approved by a court order, 

the person— 

(i) furnishes to the Secretary concerned a statement, in such form as the Secretary concerned may 

prescribe, signed by the former spouse and evidencing 

the former spouse’s agreement to a change in the election under paragraph (1); and 

(ii) certifies to the Secretary concerned that the 

statement is current and in effect. 

(3) REQUIRED FORMER SPOUSE ELECTION TO BE DEEMED TO

HAVE BEEN MADE.— 

(A) DEEMED ELECTION UPON REQUEST BY FORMER

SPOUSE.—If a person described in paragraph (2) or (3) of 

section 1448(b) of this title is required (as described in 

subparagraph (B)) to elect under section 1448(b) of this 

title to provide an annuity to a former spouse and such 

person then fails or refuses to make such an election, such 
§ 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 788 

person shall be deemed to have made such an election if 

the Secretary concerned receives the following: 

(i) REQUEST FROM FORMER SPOUSE.—A written request, in such manner as the Secretary shall prescribe, from the former spouse concerned requesting 

that such an election be deemed to have been made. 

(ii) COPY OF COURT ORDER OR OTHER OFFICIAL

STATEMENT.—Either— 

(I) a copy of the court order, regular on its 

face, which requires such election or incorporates, 

ratifies, or approves the written agreement of 

such person; or 

(II) a statement from the clerk of the court (or 

other appropriate official) that such agreement 

has been filed with the court in accordance with 

applicable State law. 

(B) PERSONS REQUIRED TO MAKE ELECTION.—A person 

shall be considered for purposes of subparagraph (A) to be 

required to elect under section 1448(b) of this title to provide an annuity to a former spouse if— 

(i) the person enters, incident to a proceeding of 

divorce, dissolution, or annulment, into a written 

agreement to make such an election and the agreement (I) has been incorporated in or ratified or approved by a court order, or (II) has been filed with the 

court of appropriate jurisdiction in accordance with applicable State law; or 

(ii) the person is required by a court order to 

make such an election. 

(C) TIME LIMIT FOR REQUEST BY FORMER SPOUSE.—An 

election may not be deemed to have been made under subparagraph (A) in the case of any person unless the Secretary concerned receives a request from the former spouse 

of the person within one year of the date of the court order 

or filing involved. 

(D) EFFECTIVE DATE OF DEEMED ELECTION.—An election deemed to have been made under subparagraph (A) 

shall become effective on the day referred to in section 

1448(b)(3)(E)(ii) of this title. 

(4) FORMER SPOUSE COVERAGE MAY BE REQUIRED BY COURT

ORDER.—A court order may require a person to elect (or to 

enter into an agreement to elect) under section 1448(b) of this 

title to provide an annuity to a former spouse (or to both a 

former spouse and child). 

(g) LIMITATION ON CHANGING OR REVOKING ELECTIONS.— 

(1) IN GENERAL.—An election under this section may not 

be changed or revoked. 

(2) EXCEPTIONS.—Paragraph (1) does not apply to— 

(A) a revocation of an election under section 1449(b) of 

this title; or 

(B) a change in an election under subsection (f). 

(h) TREATMENT OF ANNUITIES UNDER OTHER LAWS.—Except as 

provided in section 1451 of this title, an annuity under this section 

is in addition to any other payment to which a person is entitled 
789 § 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

under any other provision of law. Such annuity shall be considered 

as income under laws administered by the Secretary of Veterans 

Affairs. 

(i) ANNUITIES EXEMPT FROM CERTAIN LEGAL PROCESS.—Except 

as provided in subsection (l)(3)(B), an annuity under this section is 

not assignable or subject to execution, levy, attachment, garnishment, or other legal process. 

(j) EFFECTIVE DATE OF RESERVE-COMPONENT ANNUITIES.— (1) PERSONS MAKING SECTION 1448(E) DESIGNATION.—A reserve-component annuity shall be effective in accordance with 

the designation made under section 1448(e) of this title by the 

person providing the annuity. 

(2) PERSONS DYING BEFORE MAKING SECTION 1448(E) DES- IGNATION.—An annuity payable under section 1448(f) of this 

title shall be effective on the day after the date of the death 

of the person upon whose service the right to the annuity is 

based. 

(k) ADJUSTMENT OF SPOUSE OR FORMER SPOUSE ANNUITY UPON

LOSS OF DEPENDENCY AND INDEMNITY COMPENSATION.— (1) READJUSTMENT IF BENEFICIARY 55 YEARS OF AGE OR

MORE.—If a surviving spouse or former spouse whose annuity 

has been adjusted under subsection (c) subsequently loses entitlement to dependency and indemnity compensation under section 1311(a) of title 38 because of the remarriage of the surviving spouse, or former spouse, and if at the time of such remarriage the surviving spouse or former spouse is 55 years of 

age or more, the amount of the annuity of the surviving spouse 

or former spouse shall be readjusted, effective on the effective 

date of such loss of dependency and indemnity compensation, 

to the amount of the annuity which would be in effect with respect to the surviving spouse or former spouse if the adjustment under subsection (c) had never been made. 

(2) REPAYMENT OF AMOUNTS PREVIOUSLY REFUNDED.— 

(A) GENERAL RULE.—A surviving spouse or former 

spouse whose annuity is readjusted under paragraph (1) 

shall repay any amount refunded under subsection (e) by 

reason of the adjustment under subsection (c). 

(B) INTEREST REQUIRED IF REPAYMENT NOT A LUMP

SUM.—If the repayment is not made in a lump sum, the 

surviving spouse or former spouse shall pay interest on the 

amount to be repaid. Such interest shall commence on the 

date on which the first such payment is due and shall be 

applied over the period during which any part of the repayment remains to be paid. 

(C) MANNER OF REPAYMENT; RATE OF INTEREST.—The 

manner in which such repayment shall be made, and the 

rate of any such interest, shall be prescribed in regulations 

under section 1455 of this title. 

(D) DEPOSIT OF AMOUNTS REPAID.—An amount repaid 

under this paragraph (including any such interest) received by the Secretary of Defense shall be deposited into 

the Department of Defense Military Retirement Fund. Any 

other amount repaid under this paragraph shall be deposited into the Treasury as miscellaneous receipts. 
§ 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 790 

(l) PARTICIPANTS IN THE PLAN WHO ARE MISSING.— 

(1) AUTHORITY TO PRESUME DEATH OF MISSING PARTICIPANT.— 

(A) IN GENERAL.—Upon application of the beneficiary 

of a participant in the Plan who is missing, the Secretary 

concerned may determine for purposes of this subchapter 

that the participant is presumed dead. 

(B) PARTICIPANT WHO IS MISSING.—A participant in the 

Plan is considered to be missing for purposes of this subsection if— 

(i) the retired pay of the participant has been suspended on the basis that the participant is missing; or 

(ii) in the case of a participant in the Plan who 

would be eligible for reserve-component retired pay 

but for the fact that he is under 60 years of age, his 

retired pay, if he were entitled to retired pay, would 

be suspended on the basis that he is missing. 

(C) REQUIREMENTS APPLICABLE TO PRESUMPTION OF

DEATH.—Any such determination shall be made in accordance with regulations prescribed under section 1455 of this 

title. The Secretary concerned may not make a determination for purposes of this subchapter that a participant who 

is missing is presumed dead unless the Secretary finds 

that— 

(i) the participant has been missing for at least 30 

days; and 

(ii) the circumstances under which the participant 

is missing would lead a reasonably prudent person to 

conclude that the participant is dead. 

(2) COMMENCEMENT OF ANNUITY.—Upon a determination 

under paragraph (1) with respect to a participant in the Plan, 

an annuity otherwise payable under this subchapter shall be 

paid as if the participant died on the date as of which the retired pay of the participant was suspended. 

(3) EFFECT OF PERSON NOT BEING DEAD.— 

(A) TERMINATION OF ANNUITY.—If, after a determination under paragraph (1), the Secretary concerned determines that the participant is alive— 

(i) any annuity being paid under this subchapter 

by reason of this subsection shall be terminated; and 

(ii) the total amount of any annuity payments 

made by reason of this subsection shall constitute a 

debt to the United States. 

(B) COLLECTION FROM PARTICIPANT OF ANNUITY

AMOUNTS ERRONEOUSLY PAID.—A debt under subparagraph 

(A)(ii) may be collected or offset— 

(i) from any retired pay otherwise payable to the 

participant; 

(ii) if the participant is entitled to compensation 

under chapter 11 of title 38, from that compensation; 

or 

(iii) if the participant is entitled to any other payment from the United States, from that payment. 
791 § 1450 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(C) COLLECTION FROM BENEFICIARY.—If the participant 

dies before the full recovery of the amount of annuity payments described in subparagraph (A)(ii) has been made by 

the United States, the remaining amount of such annuity 

payments may be collected from the participant’s beneficiary under the Plan if that beneficiary was the recipient 

of the annuity payments made by reason of this subsection. 

(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— (1) PROVISION OF ALLOWANCE.—The Secretary concerned 

shall pay a monthly special survivor indemnity allowance 

under this subsection to the surviving spouse or former spouse 

of a member of the uniformed services to whom section 1448 

of this title applies if— 

(A) the surviving spouse or former spouse is entitled 

to dependency and indemnity compensation under section 

1311(a) of title 38; 

(B) except for subsection (c) of this section, the surviving spouse or former spouse is eligible for an annuity by 

reason of a participant in the Plan under subsection (a)(1) 

of section 1448 of this title or by reason of coverage under 

subsection (d) of such section; and 

(C) the eligibility of the surviving spouse or former 

spouse for an annuity as described in subparagraph (B) is 

affected by subsection (c) of this section. 

(2) AMOUNT OF PAYMENT.—Subject to paragraph (3), the 

amount of the allowance paid to an eligible survivor under 

paragraph (1) for a month shall be equal to— 

(A) for months during fiscal year 2009, $50; 

(B) for months during fiscal year 2010, $60; 

(C) for months during fiscal year 2011, $70; 

(D) for months during fiscal year 2012, $80; 

(E) for months during fiscal year 2013, $90; 

(F) for months during fiscal year 2014, $150; 

(G) for months during fiscal year 2015, $200; 

(H) for months during fiscal year 2016, $275; and 

(I) for months during fiscal year 2017, $310. 

(3) LIMITATION.—The amount of the allowance paid to an 

eligible survivor under paragraph (1) for any month may not 

exceed the amount of the annuity for that month that is subject to offset under subsection (c). 

(4) STATUS OF PAYMENTS.—An allowance paid under this 

subsection does not constitute an annuity, and amounts so paid 

are not subject to adjustment under any other provision of law. 

(5) SOURCE OF FUNDS.—The special survivor indemnity allowance shall be paid from amounts in the Department of Defense Military Retirement Fund established under section 1461 

of this title. 

(6) EFFECTIVE DATE AND DURATION.—This subsection shall 

only apply with respect to the month beginning on October 1, 

2008, and subsequent months through the month ending on 

September 30, 2017. Effective on October 1, 2017, the authority provided by this subsection shall terminate. No special survivor indemnity allowance may be paid to any person by rea-
§ 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 792 

son of this subsection for any period before October 1, 2008, or 

beginning on or after October 1, 2017. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 94–496, Sec. 

1(3), (4), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, Sec. 203, 207(b), (c), Sept. 30, 

1978, 92 Stat. 845, 848; Pub. L. 97–22, Sec. 11(a)(3), July 10, 1981, 95 Stat. 137; Pub. L. 97– 

252, title X, Sec. 1003(c), (d), Sept. 8, 1982, 96 Stat. 736; Pub. L. 98–94, title IX, Sec. 941(a)(3), 

(c)(3), Sept. 24, 1983, 97 Stat. 653; Pub. L. 98–525, title VI, Sec. 642(b), 644, Oct. 19, 1984, 98 

Stat. 2546, 2548; Pub. L. 99–145, title VII, Sec. 713(b), 717, 718, 719(4)–(6), (8)(A), 722, 723(a), 

(b)(1), title XIII, Sec. 1303(a)(11), Nov. 8, 1985, 99 Stat. 672, 674–677, 739; Pub. L. 99–661, div. 

A, title VI, Sec. 641(a), (b)(2), (3), 643(a), title XIII, Sec. 1343(a)(8)(C), Nov. 14, 1986, 100 Stat. 

3885, 3886, 3992; Pub. L. 100–26, Sec. 3(3), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. 

A, title VI, Sec. 636(a), Dec. 4, 1987, 101 Stat. 1106; Pub. L. 100–224, Sec. 5(b)(1), Dec. 30, 1987, 

101 Stat. 1538; Pub. L. 101–189, div. A, title XIV, Sec. 1407(a)(2)–(4), title XVI, Sec. 1621(a)(1), 

Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 103–337, div. A, title X, Sec. 1070(e)(3), Oct. 5, 

1994, 108 Stat. 2859; Pub. L. 104–201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2561; 

Pub. L. 105–85, div. A, title VI, Sec. 642(a), Nov. 18, 1997, 111 Stat. 1799; Pub. L. 105–261, 

div. A, title VI, Sec. 643(b), Oct. 17, 1998, 112 Stat. 2048; Pub. L. 106–398, Sec. 1 [[div. A], 

title VI, Sec. 655(c)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166; Pub. L. 110–181, div. A, title 

VI, Secs. 643(a), 644, Jan. 28, 2008, 122 Stat. 157, 158; Pub. L. 110–417, [div. A], title VI, Sec. 

631(a), Oct. 14, 2008, 122 Stat. 4492; Pub. L. 111–31, div. B, title II, Sec. 201, June 22, 2009, 

123 Stat. 1857.) 

§ 1451. Amount of annuity 

(a) COMPUTATION OF ANNUITY FOR A SPOUSE, FORMER SPOUSE, 

OR CHILD.— 

(1) STANDARD ANNUITY.—In the case of a standard annuity 

provided to a beneficiary under section 1450(a) of this title 

(other than under section 1450(a)(4)), the monthly annuity 

payable to the beneficiary shall be determined as follows: 

(A) BENEFICIARY UNDER 62 YEARS OF AGE.—If the beneficiary is under 62 years of age or is a dependent child 

when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base 

amount. 

(B) BENEFICIARY 62 YEARS OF AGE OR OLDER.— 

(i) GENERAL RULE.—If the beneficiary (other than 

a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity 

shall be the amount equal to the product of the base 

amount and the percent applicable to the month, as 

follows: 

(I) For a month before October 2005, the applicable percent is 35 percent. 

(II) For months after September 2005 and before April 2006, the applicable percent is 40 percent. 

(III) For months after March 2006 and before 

April 2007, the applicable percent is 45 percent. 

(IV) For months after March 2007 and before 

April 2008, the applicable percent is 50 percent. 

(V) For months after March 2008, the applicable percent is 55 percent. 

(ii) RULE IF BENEFICIARY ELIGIBLE FOR SOCIAL SECURITY OFFSET COMPUTATION.—If the beneficiary is eligible to have the annuity computed under subsection 

(e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be com-
793 § 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

puted under that subsection rather than under clause 

(i). 

(2) RESERVE-COMPONENT ANNUITY.—In the case of a reserve-component annuity provided to a beneficiary under section 1450(a) of this title (other than under section 1450(a)(4)), 

the monthly annuity payable to the beneficiary shall be determined as follows: 

(A) BENEFICIARY UNDER 62 YEARS OF AGE.—If the beneficiary is under 62 years of age or is a dependent child 

when becoming entitled to the annuity, the monthly annuity shall be the amount equal to a percentage of the base 

amount that— 

(i) is less than 55 percent; and 

(ii) is determined under subsection (f). 

(B) BENEFICIARY 62 YEARS OF AGE OR OLDER.— (i) GENERAL RULE.—If the beneficiary (other than 

a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity 

shall be the amount equal to a percentage of the base 

amount that— 

(I) is less than the percent specified under 

subsection (a)(1)(B)(i) as being applicable for the 

month; and 

(II) is determined under subsection (f). 

(ii) RULE IF BENEFICIARY ELIGIBLE FOR SOCIAL SE- CURITY OFFSET COMPUTATION.—If the beneficiary is eligible to have the annuity computed under subsection 

(e) and if, at the time the beneficiary becomes entitled 

to the annuity, computation of the annuity under that 

subsection is more favorable to the beneficiary than 

computation under clause (i), the annuity shall be 

computed under that subsection rather than under 

clause (i). 

(b) INSURABLE INTEREST BENEFICIARY.— 

(1) STANDARD ANNUITY.—In the case of a standard annuity 

provided to a beneficiary under section 1450(a)(4) of this title, 

the monthly annuity payable to the beneficiary shall be the 

amount equal to 55 percent of the retired pay of the person 

who elected to provide the annuity after the reduction in that 

pay in accordance with section 1452(c) of this title. 

(2) RESERVE-COMPONENT ANNUITY.—In the case of a reserve-component annuity provided to a beneficiary under section 1450(a)(4) of this title, the monthly annuity payable to the 

beneficiary shall be the amount equal to a percentage of the retired pay of the person who elected to provide the annuity after 

the reduction in such pay in accordance with section 1452(c) of 

this title that— 

(A) is less than 55 percent; and 

(B) is determined under subsection (f). 

(3) COMPUTATION OF RESERVE-COMPONENT ANNUITY WHEN

PARTICIPANT DIES BEFORE AGE 60.—For the purposes of paragraph (2), a person— 

(A) who provides an annuity that is determined in accordance with that paragraph; 
§ 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 794 

(B) who dies before becoming 60 years of age; and 

(C) who at the time of death is otherwise entitled to 

retired pay, shall be considered to have been entitled to retired pay at the time of death. The retired pay of such person for the purposes of such paragraph shall be computed 

on the basis of the rates of basic pay in effect on the date 

on which the annuity provided by such person is to become 

effective in accordance with the designation of such person 

under section 1448(e) of this title. 

(c) ANNUITIES FOR SURVIVORS OF CERTAIN PERSONS DYING

DURING A PERIOD OF SPECIAL ELIGIBILITY FOR SBP.— 

(1) IN GENERAL.—In the case of an annuity provided under 

section 1448(d) or 1448(f) of this title, the amount of the annuity shall be determined as follows: 

(A) BENEFICIARY UNDER 62 YEARS OF AGE.—If the person receiving the annuity is under 62 years of age or is a 

dependent child when the member or former member dies, 

the monthly annuity shall be the amount equal to 55 percent of the retired pay to which the member or former 

member would have been entitled if the member or former 

member had been entitled to that pay when he died determined as follows: 

(i) In the case of an annuity provided under section 1448(d) of this title (other than in a case covered 

by clause (ii)), such retired pay shall be computed as 

if the member had been retired under section 1201 of 

this title on the date of the member’s death with a disability rated as total. 

(ii) In the case of an annuity provided under section 1448(d)(1)(A) of this title by reason of the death 

of a member not in line of duty, such retired pay shall 

be computed based upon the member’s years of active 

service when he died. 

(iii) In the case of an annuity provided under section 1448(f) of this title, such retired pay shall be computed based upon the member or former member’s 

years of active service when he died computed under 

section 12733 of this title. 

(B) BENEFICIARY 62 YEARS OF AGE OR OLDER.— 

(i) GENERAL RULE.—If the person receiving the annuity (other than a dependent child) is 62 years of age 

or older when the member or former member dies, the 

monthly annuity shall be the amount equal to the applicable percent of the retired pay to which the member or former member would have been entitled as determined under subparagraph (A). The percent applicable for a month under the preceding sentence is the 

percent specified under subsection (a)(1)(B)(i) as being 

applicable for that month. 

(ii) RULE IF BENEFICIARY ELIGIBLE FOR SOCIAL SECURITY OFFSET COMPUTATION.—If the beneficiary is eligible to have the annuity computed under subsection 

(e) and if computation of the annuity under that subsection is more favorable to the beneficiary than com-
795 § 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

putation under clause (i), the annuity shall be computed under that subsection rather than under clause 

(i). 

(2) DIC OFFSET.—An annuity computed under paragraph 

(1) that is paid to a surviving spouse shall be reduced by the 

amount of dependency and indemnity compensation to which 

the surviving spouse is entitled under section 1311(a) of title 

38. Any such reduction shall be effective on the date of the 

commencement of the period of payment of such compensation 

under title 38. 

(3) SERVICEMEMBERS NOT YET GRANTED RETIRED PAY.—In 

the case of an annuity provided by reason of the service of a 

member described in clause (ii) or (iii) of section 1448(d)(1)(A) 

of this title who first became a member of a uniformed service 

before September 8, 1980, the retired pay to which the member 

would have been entitled when he died shall be determined for 

purposes of paragraph (1) based upon the rate of basic pay in 

effect at the time of death for the grade in which the member 

was serving at the time of death, unless (as determined by the 

Secretary concerned) the member would have been entitled to 

be retired in a higher grade. 

(4) RATE OF PAY TO BE USED IN COMPUTING ANNUITY.—In 

the case of an annuity paid under section 1448(f) of this title 

by reason of the service of a person who first became a member 

of a uniformed service before September 8, 1980, the retired 

pay of the person providing the annuity shall for the purposes 

of paragraph (1) be computed on the basis of the rates of basic 

pay in effect on the effective date of the annuity. 

(d) REDUCTION OF ANNUITIES AT AGE 62.— 

(1) REDUCTION REQUIRED.—The annuity of a person whose 

annuity is computed under subparagraph (A) of subsection 

(a)(1), (a)(2), or (c)(1) shall be reduced on the first day of the 

month after the month in which the person becomes 62 years 

of age. 

(2) AMOUNT OF ANNUITY AS REDUCED.— 

(A) COMPUTATION OF ANNUITY.—Except as provided in 

subparagraph (B), the reduced amount of the annuity shall 

be the amount of the annuity that the person would be receiving on that date if the annuity had initially been computed under subparagraph (B) of that subsection. 

(B) SAVINGS PROVISION FOR BENEFICIARIES ELIGIBLE

FOR SOCIAL SECURITY OFFSET COMPUTATION.—In the case of 

a person eligible to have an annuity computed under subsection (e) and for whom, at the time the person becomes 

62 years of age, the annuity computed with a reduction 

under subsection (e)(3) is more favorable than the annuity 

with a reduction described in subparagraph (A), the reduction in the annuity shall be computed in the same manner 

as a reduction under subsection (e)(3). 

(e) SAVINGS PROVISION FOR CERTAIN BENEFICIARIES.— 

(1) PERSONS COVERED.—The following beneficiaries under 

the Plan are eligible to have an annuity under the Plan computed under this subsection: 
§ 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 796 

(A) A beneficiary receiving an annuity under the Plan 

on October 1, 1985, as the surviving spouse or former 

spouse of the person providing the annuity. 

(B) A spouse or former spouse beneficiary of a person 

who on October 1, 1985— 

(i) was a participant in the Plan; 

(ii) was entitled to retired pay or was qualified for 

that pay except that he had not applied for and been 

granted that pay; or 

(iii) would have been eligible for reserve-component retired pay but for the fact that he was under 60 

years of age. 

(2) AMOUNT OF ANNUITY.—Subject to paragraph (3), an annuity computed under this subsection is determined as follows: 

(A) STANDARD ANNUITY.—In the case of the beneficiary 

of a standard annuity, the annuity shall be the amount 

equal to 55 percent of the base amount. 

(B) RESERVE-COMPONENT ANNUITY.—In the case of the 

beneficiary of a reserve-component annuity, the annuity 

shall be the percentage of the base amount that— 

(i) is less than 55 percent; and 

(ii) is determined under subsection (f). 

(C) BENEFICIARIES OF PERSONS DYING DURING A PERIOD

OF SPECIAL ELIGIBILITY FOR SBP.—In the case of the beneficiary of an annuity under section 1448(d) or 1448(f) of 

this title, the annuity shall be the amount equal to 55 percent of the retired pay of the person providing the annuity 

(as that pay is determined under subsection (c)). 

(3) SOCIAL SECURITY OFFSET.—An annuity computed under 

this subsection shall be reduced by the lesser of the following: 

(A) SOCIAL SECURITY COMPUTATION.—The amount of 

the survivor benefit, if any, to which the surviving spouse 

(or the former spouse, in the case of a former spouse beneficiary who became a former spouse under a divorce that 

became final after November 29, 1989) would be entitled 

under title II of the Social Security Act (42 U.S.C. 401 et 

seq.) based solely upon service by the person concerned as 

described in section 210(l)(1) of such Act (42 U.S.C. 

410(l)(1)) and calculated assuming that the person concerned lives to age 65. 

(B) MAXIMUM AMOUNT OF REDUCTION.—40 percent of 

the amount of the monthly annuity as determined under 

paragraph (2). 

(4) SPECIAL RULES FOR SOCIAL SECURITY OFFSET COMPUTATION.— 

(A) TREATMENT OF DEDUCTIONS MADE ON ACCOUNT OF

WORK.—For the purpose of paragraph (3), a surviving 

spouse (or a former spouse, in the case of a person who becomes a former spouse under a divorce that becomes final 

after November 29, 1989) shall not be considered as entitled to a benefit under title II of the Social Security Act 

(42 U.S.C. 401 et seq.) to the extent that such benefit has 

been offset by deductions under section 203 of such Act (42 

U.S.C. 403) on account of work. 
797 § 1451 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(B) TREATMENT OF CERTAIN PERIODS FOR WHICH SOCIAL

SECURITY REFUNDS ARE MADE.—In the computation of any 

reduction made under paragraph (3), there shall be excluded any period of service described in section 210(l)(1) 

of the Social Security Act (42 U.S.C. 410(l)(1))— 

(i) which was performed after December 1, 1980; 

and 

(ii) which involved periods of service of less than 

30 continuous days for which the person concerned is 

entitled to receive a refund under section 6413(c) of 

the Internal Revenue Code of 1986 of the social security tax which the person had paid. 

(f) DETERMINATION OF PERCENTAGES APPLICABLE TO COMPUTA- TION OF RESERVE-COMPONENT ANNUITIES.—The percentage to be 

applied in determining the amount of an annuity computed under 

subsection (a)(2), (b)(2), or (e)(2)(B) shall be determined under regulations prescribed by the Secretary of Defense. Such regulations 

shall be prescribed taking into consideration the following: 

(1) The age of the person electing to provide the annuity 

at the time of such election. 

(2) The difference in age between such person and the beneficiary of the annuity. 

(3) Whether such person provided for the annuity to become effective (in the event he died before becoming 60 years 

of age) on the day after his death or on the 60th anniversary 

of his birth. 

(4) Appropriate group annuity tables. 

(5) Such other factors as the Secretary considers relevant. 

(g) ADJUSTMENTS TO ANNUITIES.— 

(1) PERIODIC ADJUSTMENTS FOR COST-OF-LIVING.— 

(A) INCREASES IN ANNUITIES WHEN RETIRED PAY IN- CREASED.—Whenever retired pay is increased under section 1401a of this title (or any other provision of law), each 

annuity that is payable under the Plan shall be increased 

at the same time. 

(B) PERCENTAGE OF INCREASE.—The increase shall, in 

the case of any annuity, be by the same percent as the percent by which the retired pay of the person providing the 

annuity would have been increased at such time if the person were alive (and otherwise entitled to such pay). 

(C) CERTAIN REDUCTIONS TO BE DISREGARDED.—The 

amount of the increase shall be based on the monthly annuity payable before any reduction under section 1450(c) of 

this title or under subsection (c)(2). 

(2) ROUNDING DOWN.—The monthly amount of an annuity 

payable under this subchapter, if not a multiple of $1, shall be 

rounded to the next lower multiple of $1. 

(h) ADJUSTMENTS TO BASE AMOUNT.— 

(1) PERIODIC ADJUSTMENTS FOR COST-OF-LIVING.— 

(A) INCREASES IN BASE AMOUNT WHEN RETIRED PAY INCREASED.—Whenever retired pay is increased under section 1401a of this title (or any other provision of law), the 

base amount applicable to each participant in the Plan 

shall be increased at the same time. 
§ 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 798 

(B) PERCENTAGE OF INCREASE.—The increase shall be 

by the same percent as the percent by which the retired 

pay of the participant is so increased. 

(2) RECOMPUTATION AT AGE 62.—When the retired pay of a 

person who first became a member of a uniformed service on 

or after August 1, 1986, and who is a participant in the Plan 

is recomputed under section 1410 of this title upon the person’s 

becoming 62 years of age, the base amount applicable to that 

person shall be recomputed (effective on the effective date of 

the recomputation of such retired pay under section 1410 of 

this title) so as to be the amount equal to the amount of the 

base amount that would be in effect on that date if increases 

in such base amount under paragraph (1) had been computed 

as provided in paragraph (2) of section 1401a(b) of this title 

(rather than under paragraph (3) of that section). 

(3) DISREGARDING OF RETIRED PAY REDUCTIONS FOR RE- TIREMENT OF CERTAIN MEMBERS BEFORE 30 YEARS OF SERVICE.— Computation of a member’s retired pay for purposes of this section shall be made without regard to any reduction under section 1409(b)(2) of this title. 

(i) RECOMPUTATION OF ANNUITY FOR CERTAIN BENEFICIARIES.— In the case of an annuity under the Plan which is computed on the 

basis of the retired pay of a person who would have been entitled 

to have that retired pay recomputed under section 1410 of this title 

upon attaining 62 years of age, but who dies before attaining that 

age, the annuity shall be recomputed, effective on the first day of 

the first month beginning after the date on which the member or 

former member would have attained 62 years of age, so as to be 

the amount equal to the amount of the annuity that would be in 

effect on that date if increases under subsection (h)(1) in the base 

amount applicable to that annuity to the time of the death of the 

member or former member, and increases in such annuity under 

subsection (g)(1), had been computed as provided in paragraph (2) 

of section 1401a(b) of this title (rather than under paragraph (3) of 

that section). 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 709; amended Pub. L. 94–496, Sec. 

1(4), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, Sec. 204, Sept. 30, 1978, 92 Stat. 

846; Pub. L. 96–402, Sec. 3, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97–22, Sec. 11(a)(4), July 10, 

1981, 95 Stat. 137; Pub. L. 98–94, title IX, Sec. 922(a)(14)(B), Sept. 24, 1983, 97 Stat. 642; Pub. 

L. 98–525, title VI, Sec. 641(a), Oct. 19, 1984, 98 Stat. 2545; Pub. L. 99–145, title VII, Sec. 

711(a), (b), Nov. 8, 1985, 99 Stat. 666, 670; Pub. L. 99–348, title III, Sec. 301(a)(2), (b), (c), July 

1, 1986, 100 Stat. 702; Pub. L. 99–661, div. A, title VI, Sec. 642(b), title XIII, Sec. 1343(a)(8)(D), 

Nov. 14, 1986, 100 Stat. 3886, 3992; Pub. L. 100–26, Sec. 7(h)(1), Apr. 21, 1987, 101 Stat. 282; 

Pub. L. 100–224, Sec. 3(a), (c), Dec. 30, 1987, 101 Stat. 1537; Pub. L. 100–456, div. A, title VI, 

Sec. 652(a), Sept. 29, 1988, 102 Stat. 1991; Pub. L. 101–189, div. A, title XIV, Sec. 1403(a), 

1407(a)(5)–(8), (b)(1), Nov. 29, 1989, 103 Stat. 1579, 1588, 1589; Pub. L. 103–337, div. A, title 

X, Sec. 1070(e)(4), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–201, div. A, title VI, Sec. 634, Sept. 

23, 1996, 110 Stat. 2566; Pub. L. 105–85, div. A, title X, Sec. 1073(a)(28), Nov. 18, 1997, 111 

Stat. 1901; Pub. L. 106–65, div. A, title VI, Sec. 643(a), Oct. 5, 1999, 113 Stat. 663; Pub. L. 

107–107, div. A, title VI, Sec. 642(b), (c)(2), Dec. 28, 2001, 115 Stat. 1152; Pub. L. 107–314, div. 

A, title X, Sec. 1062(a)(6), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title VI, Sec. 

644(a), Oct. 28, 2004, 118 Stat. 1960.) 

§ 1452. Reduction in retired pay 

(a) SPOUSE AND FORMER SPOUSE ANNUITIES.— 

(1) REQUIRED REDUCTION IN RETIRED PAY.—Except as provided in subsection (b), the retired pay of a participant in the 

Plan who is providing spouse coverage (as described in paragraph (5)) shall be reduced as follows: 
799 § 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(A) STANDARD ANNUITY.—If the annuity coverage 

being provided is a standard annuity, the reduction shall 

be as follows: 

(i) DISABILITY AND NONREGULAR SERVICE RETIR- EES.—In the case of a person who is entitled to retired 

pay under chapter 61 or chapter 1223 of this title, the 

reduction shall be in whichever of the alternative reduction amounts is more favorable to that person. 

(ii) MEMBERS AS OF ENACTMENT OF FLAT-RATE RE- DUCTION.—In the case of a person who first became a 

member of a uniformed service before March 1, 1990, 

the reduction shall be in whichever of the alternative 

reduction amounts is more favorable to that person. 

(iii) NEW ENTRANTS AFTER ENACTMENT OF FLAT- RATE REDUCTION.—In the case of a person who first 

becomes a member of a uniformed service on or after 

March 1, 1990, and who is entitled to retired pay 

under a provision of law other than chapter 61 or 

chapter 1223 of this title, the reduction shall be in an 

amount equal to 61⁄2 percent of the base amount. 

(iv) ALTERNATIVE REDUCTION AMOUNTS.—For purposes of clauses (i) and (ii), the alternative reduction 

amounts are the following: 

(I) FLAT-RATE REDUCTION.—An amount equal 

to 61⁄2 percent of the base amount. 

(II) AMOUNT UNDER PRE-FLAT-RATE REDUCTION.—An amount equal to 21⁄2 percent of the first 

$337 (as adjusted after November 1, 1989, under 

paragraph (4)) of the base amount plus 10 percent 

of the remainder of the base amount. 

(B) RESERVE-COMPONENT ANNUITY.—If the annuity 

coverage being provided is a reserve-component annuity, 

the reduction shall be in whichever of the following 

amounts is more favorable to that person: 

(i) FLAT-RATE REDUCTION.—An amount equal to 

61⁄2 percent of the base amount plus an amount determined in accordance with regulations prescribed by 

the Secretary of Defense as a premium for the additional coverage provided through reserve-component 

annuity coverage under the Plan. 

(ii) AMOUNT UNDER PRE-FLAT-RATE REDUCTION.— 

An amount equal to 21⁄2 percent of the first $337 (as 

adjusted after November 1, 1989, under paragraph (4)) 

of the base amount plus 10 percent of the remainder 

of the base amount plus an amount determined in accordance with regulations prescribed by the Secretary 

of Defense as a premium for the additional coverage 

provided through reserve-component annuity coverage 

under the Plan. 

(2) ADDITIONAL REDUCTION FOR CHILD COVERAGE.—If there 

is a dependent child as well as a spouse or former spouse, the 

amount prescribed under paragraph (1) shall be increased by 

an amount prescribed under regulations of the Secretary of Defense. 
§ 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 800 

(3) NO REDUCTION WHEN NO BENEFICIARY.—The reduction 

in retired pay prescribed by paragraph (1) shall not be applicable during any month in which there is no eligible spouse or 

former spouse beneficiary. 

(4) PERIODIC ADJUSTMENTS.— (A) ADJUSTMENTS FOR INCREASES IN RATES OF BASIC

PAY.—Whenever there is an increase in the rates of basic 

pay of members of the uniformed services effective on or 

after October 1, 1985, the amounts under paragraph (1) 

with respect to which the percentage factor of 21⁄2 is applied shall be increased by the overall percentage of such 

increase in the rates of basic pay. The increase under the 

preceding sentence shall apply only with respect to persons 

whose retired pay is computed based on the rates of basic 

pay in effect on or after the date of such increase in rates 

of basic pay. 

(B) ADJUSTMENTS FOR RETIRED PAY COLAS.—In addition to the increase under subparagraph (A), the amounts 

under paragraph (1) with respect to which the percentage 

factor of 21⁄2 is applied shall be further increased at the 

same time and by the same percentage as an increase in 

retired pay under section 1401a of this title effective on or 

after October 1, 1985. Such increase under the preceding 

sentence shall apply only with respect to a person who initially participates in the Plan on a date which is after both 

the effective date of such increase under section 1401a and 

the effective date of the rates of basic pay upon which that 

person’s retired pay is computed. 

(5) SPOUSE COVERAGE DESCRIBED.—For the purposes of 

paragraph (1), a participant in the Plan who is providing 

spouse coverage is a participant who— 

(A) has (i) a spouse or former spouse, or (ii) a spouse 

or former spouse and a dependent child; and 

(B) has not elected to provide an annuity to a person 

designated by him under section 1448(b)(1) of this title or, 

having made such an election, has changed his election in 

favor of his spouse under section 1450(f) of this title. 

(b) CHILD-ONLY ANNUITIES.— 

(1) REQUIRED REDUCTION IN RETIRED PAY.—The retired pay 

of a participant in the Plan who is providing child-only coverage (as described in paragraph (4)) shall be reduced by an 

amount prescribed under regulations by the Secretary of Defense. 

(2) NO REDUCTION WHEN NO CHILD.—There shall be no reduction in retired pay under paragraph (1) for any month during which the participant has no eligible dependent child. 

(3) SPECIAL RULE FOR CERTAIN RCSBP PARTICIPANTS.—In 

the case of a participant in the Plan who is participating in the 

Plan under an election under section 1448(a)(2)(B) of this title 

and who provided child-only coverage during a period before 

the participant becomes entitled to receive retired pay, the retired pay of the participant shall be reduced by an amount prescribed under regulations by the Secretary of Defense to reflect 

the coverage provided under the Plan during the period before 
801 § 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

the participant became entitled to receive retired pay. A reduction under this paragraph is in addition to any reduction under 

paragraph (1) and is made without regard to whether there is 

an eligible dependent child during a month for which the reduction is made. 

(4) CHILD-ONLY COVERAGE DEFINED.—For the purposes of 

this subsection, a participant in the Plan who is providing 

child-only coverage is a participant who has a dependent child 

and who— 

(A) does not have an eligible spouse or former spouse; 

or 

(B) has a spouse or former spouse but has elected to 

provide an annuity for dependent children only. 

(c) REDUCTION FOR INSURABLE INTEREST COVERAGE.— (1) REQUIRED REDUCTION IN RETIRED PAY.—The retired pay 

of a person who has elected to provide an annuity to a person 

designated by him under section 1450(a)(4) of this title shall be 

reduced as follows: 

(A) STANDARD ANNUITY.—In the case of a person providing a standard annuity, the reduction shall be by 10 

percent plus 5 percent for each full five years the individual designated is younger than that person. 

(B) RESERVE COMPONENT ANNUITY.—In the case of a 

person providing a reserve-component annuity, the reduction shall be by an amount prescribed under regulations of 

the Secretary of Defense. 

(2) LIMITATION ON TOTAL REDUCTION.—The total reduction 

under paragraph (1) may not exceed 40 percent. 

(3) DURATION OF REDUCTION.—The reduction in retired pay 

prescribed by this subsection shall continue during the lifetime 

of the person designated under section 1450(a)(4) of this title 

or until the person receiving retired pay changes his election 

under section 1450(f) of this title. 

(4) RULE FOR COMPUTATION.—Computation of a member’s 

retired pay for purposes of this subsection shall be made without regard to any reduction under section 1409(b)(2) of this 

title. 

(5) RULE FOR DESIGNATION OF NEW INSURABLE INTEREST

BENEFICIARY FOLLOWING DEATH OF ORIGINAL BENEFICIARY.— 

The Secretary of Defense shall prescribe in regulations premiums which a participant making an election under section 

1448(b)(1)(G) of this title shall be required to pay for participating in the Plan pursuant to that election. The total amount 

of the premiums to be paid by a participant under the regulations shall be equal to the sum of the following: 

(A) The total additional amount by which the retired 

pay of the participant would have been reduced before the 

effective date of the election if the original beneficiary (i) 

had not died and had been covered under the Plan through 

the date of the election, and (ii) had been the same number 

of years younger than the participant (if any) as the new 

beneficiary designated under the election. 

(B) Interest on the amounts by which the retired pay 

of the participant would have been so reduced, computed 
§ 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 802 

from the dates on which the retired pay would have been 

so reduced at such rate or rates and according to such 

methodology as the Secretary of Defense determines reasonable. 

(C) Any additional amount that the Secretary determines necessary to protect the actuarial soundness of the 

Department of Defense Military Retirement Fund against 

any increased risk for the fund that is associated with the 

election. 

(d) DEPOSITS TO COVER PERIODS WHEN RETIRED PAY NOT

PAID.— 

(1) REQUIRED DEPOSITS.—If a person who has elected to 

participate in the Plan has been awarded retired pay and is 

not entitled to that pay for any period, that person must deposit in the Treasury the amount that would otherwise have 

been deducted from his pay for that period. 

(2) DEPOSITS NOT REQUIRED WHEN PARTICIPANT ON ACTIVE

DUTY.—Paragraph (1) does not apply to a person with respect 

to any period when that person is on active duty under a call 

or order to active duty for a period of more than 30 days. 

(e) DEPOSITS NOT REQUIRED FOR CERTAIN PARTICIPANTS IN

CSRS.—When a person who has elected to participate in the Plan 

waives that person’s retired pay for the purposes of subchapter III 

of chapter 83 of title 5, that person shall not be required to make 

the deposit otherwise required by subsection (d) as long as that 

waiver is in effect unless, in accordance with section 8339(j) of title 

5, that person has notified the Office of Personnel Management 

that he does not desire a spouse surviving him to receive an annuity under section 8341(b) of title 5. 

(f) REFUNDS OF DEDUCTIONS NOT ALLOWED.— 

(1) GENERAL RULE.—A person is not entitled to refund of 

any amount deducted from retired pay under this section. 

(2) EXCEPTIONS.—Paragraph (1) does not apply— 

(A) in the case of a refund authorized by section 

1450(e) of this title; or 

(B) in case of a deduction made through administrative error. 

(g) DISCONTINUATION OF PARTICIPATION BY PARTICIPANTS

WHOSE SURVIVING SPOUSES WILL BE ENTITLED TO DIC.— 

(1) DISCONTINUATION.— 

(A) CONDITIONS.—Notwithstanding any other provision of this subchapter but subject to paragraphs (2) and 

(3), a person who has elected to participate in the Plan and 

who is suffering from a service-connected disability rated 

by the Secretary of Veterans Affairs as totally disabling 

and has suffered from such disability while so rated for a 

continuous period of 10 or more years (or, if so rated for 

a lesser period, has suffered from such disability while so 

rated for a continuous period of not less than 5 years from 

the date of such person’s last discharge or release from active duty) may discontinue participation in the Plan by 

submitting to the Secretary concerned a request to discontinue participation in the Plan. 
803 § 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(B) EFFECTIVE DATE.—Participation in the Plan of a 

person who submits a request under subparagraph (A) 

shall be discontinued effective on the first day of the first 

month following the month in which the request under 

subparagraph (A) is received by the Secretary concerned. 

Effective on such date, the Secretary concerned shall discontinue the reduction being made in such person’s retired 

pay on account of participation in the Plan or, in the case 

of a person who has been required to make deposits in the 

Treasury on account of participation in the Plan, such person may discontinue making such deposits effective on 

such date. 

(C) FORM FOR REQUEST FOR DISCONTINUATION.—Any 

request under this paragraph to discontinue participation 

in the Plan shall be in such form and shall contain such 

information as the Secretary concerned may require by 

regulation. 

(2) CONSENT OF BENEFICIARIES REQUIRED.—A person described in paragraph (1) may not discontinue participation in 

the Plan under such paragraph without the written consent of 

the beneficiary or beneficiaries of such person under the Plan. 

(3) INFORMATION ON PLAN TO BE PROVIDED BY SECRETARY

CONCERNED.— (A) INFORMATION TO BE PROVIDED PROMPTLY TO PAR- TICIPANT.—The Secretary concerned shall furnish promptly 

to each person who files a request under paragraph (1) to 

discontinue participation in the Plan a written statement 

of the advantages of participating in the Plan and the possible disadvantages of discontinuing participation. 

(B) RIGHT TO WITHDRAW DISCONTINUATION REQUEST.— 

A person may withdraw a request made under paragraph 

(1) if it is withdrawn within 30 days after having been 

submitted to the Secretary concerned. 

(4) REFUND OF DEDUCTIONS FROM RETIRED PAY.—Upon the 

death of a person described in paragraph (1) who discontinued 

participation in the Plan in accordance with this subsection, 

any amount deducted from the retired pay of that person 

under this section shall be refunded to the person’s surviving 

spouse. 

(5) RESUMPTION OF PARTICIPATION IN PLAN.— 

(A) CONDITIONS FOR RESUMPTION.—A person described 

in paragraph (1) who discontinued participation in the 

Plan may elect to participate again in the Plan if— 

(i) after having discontinued participation in the 

Plan the Secretary of Veterans Affairs reduces that 

person’s service-connected disability rating to a rating 

of less than total; and 

(ii) that person applies to the Secretary concerned, 

within such period of time after the reduction in such 

person’s service-connected disability rating has been 

made as the Secretary concerned may prescribe, to 

again participate in the Plan and includes in such application such information as the Secretary concerned 

may require. 
§ 1452 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 804 

(B) EFFECTIVE DATE OF RESUMED COVERAGE.—Such 

person’s participation in the Plan under this paragraph is 

effective beginning on the first day of the month after the 

month in which the Secretary concerned receives the application for resumption of participation in the Plan. 

(C) RESUMPTION OF CONTRIBUTIONS.—When a person 

elects to participate in the Plan under this paragraph, the 

Secretary concerned shall begin making reductions in that 

person’s retired pay, or require such person to make deposits in the Treasury under subsection (d), as appropriate, effective on the effective date of such participation under 

subparagraph (B). 

(h) INCREASES IN REDUCTION WITH INCREASES IN RETIRED

PAY.— (1) GENERAL RULE.—Whenever retired pay is increased 

under section 1401a of this title (or any other provision of law), 

the amount of the reduction to be made under subsection (a) 

or (b) in the retired pay of any person shall be increased at the 

same time and by the same percentage as such retired pay is 

so increased. 

(2) COORDINATION WHEN PAYMENT OF INCREASE IN RETIRED

PAY IS DELAYED BY LAW.— (A) IN GENERAL.—Notwithstanding paragraph (1), 

when the initial payment of an increase in retired pay 

under section 1401a of this title (or any other provision of 

law) to a person is for a month that begins later than the 

effective date of that increase by reason of the application 

of subsection (b)(2)(B) of such section (or section 631(b) of 

Public Law 104–106 (110 Stat. 364)), then the amount of 

the reduction in the person’s retired pay shall be effective 

on the date of that initial payment of the increase in retired pay rather than the effective date of the increase in 

retired pay. 

(B) DELAY NOT TO AFFECT COMPUTATION OF ANNUITY.—Subparagraph (A) may not be construed as delaying, 

for purposes of determining the amount of a monthly annuity under section 1451 of this title, the effective date of 

an increase in a base amount under subsection (h) of such 

section from the effective date of an increase in retired pay 

under section 1401a of this title to the date on which the 

initial payment of that increase in retired pay is made in 

accordance with subsection (b)(2)(B) of such section. 

(i) RECOMPUTATION OF REDUCTION UPON RECOMPUTATION OF

RETIRED PAY.—Whenever the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, 

and who is a participant in the Plan is recomputed under section 

1410 of this title upon the person’s becoming 62 years of age, the 

amount of the reduction in such retired pay under this section shall 

be recomputed (effective on the effective date of the recomputation 

of such retired pay under section 1410 of this title) so as to be the 

amount equal to the amount of such reduction that would be in effect on that date if increases in such retired pay under section 

1401a(b) of this title, and increases in reductions in such retired 

pay under subsection (h), had been computed as provided in para-
805 § 1455 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

graph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section). 

(j) COVERAGE PAID UP AT 30 YEARS AND AGE 70.—Effective October 1, 2008, no reduction may be made under this section in the 

retired pay of a participant in the Plan for any month after the 

later of— 

(1) the 360th month for which the participant’s retired pay 

is reduced under this section; and 

(2) the month during which the participant attains 70 

years of age. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 94–496, Sec. 

1(4), (5), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, Sec. 205, Sept. 30, 1978, 92 Stat. 

847; Pub. L. 96–402, Sec. 4, Oct. 9, 1980, 94 Stat. 1706; Pub. L. 97–22, Sec. 11(a)(3), (5), July 

10, 1981, 95 Stat. 137; Pub. L. 99–145, title VII, Sec. 714(a), 719(7), (8), 723(b)(2), Nov. 8, 1985, 

99 Stat. 672, 675–677; Pub. L. 99–348, title III, Sec. 301(a)(3), July 1, 1986, 100 Stat. 702; Pub. 

L. 99–661, div. A, title XIII, Sec. 1343(a)(8)(E), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–224, 

Sec. 3(b), Dec. 30, 1987, 101 Stat. 1537; Pub. L. 101–189, div. A, title XIV, Sec. 1402(a)–(c), 

1407(a)(9), title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1577, 1578, 1589, 1602; Pub. L. 

101–510, div. A, title XIV, Sec. 1484(l)(4)(C)(ii), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103–337, 

div. A, title VI, Sec. 637(a), Oct. 5, 1994, 108 Stat. 2790; Pub. L. 104–201, div. A, title VI, Sec. 

634, 635(a), Sept. 23, 1996, 110 Stat. 2572, 2579; Pub. L. 105–85, div. A, title X, Sec. 

1073(a)(29), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title VI, Sec. 641, Oct. 17, 

1998, 112 Stat. 2045; Pub. L. 106–65, div. A, title VI, Sec. 643(a)(2), Oct. 5, 1999, 113 Stat. 663; 

Pub. L. 109–364, div. A, title VI, Sec. 643(b), Oct. 17, 2006, 120 Stat. 2260.) 

§ 1453. Recovery of amounts erroneously paid 

(a) RECOVERY.—In addition to any other method of recovery 

provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person. 

(b) AUTHORITY TO WAIVE RECOVERY.—Recovery of an amount 

erroneously paid to a person under this subchapter is not required 

if, in the judgment of the Secretary concerned— 

(1) there has been no fault by the person to whom the 

amount was erroneously paid; and 

(2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. 

A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, Sec. 105(a), Oct. 

19, 1996, 110 Stat. 3830.) 

§ 1454. Correction of administrative errors 

(a) AUTHORITY.—The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke 

any election under this subchapter when the Secretary considers it 

necessary to correct an administrative error. 

(b) FINALITY.—Except when procured by fraud, a correction or 

revocation under this section is final and conclusive on all officers 

of the United States. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 101–189, div. 

A, title XIV, Sec. 1407(a)(10)(A), Nov. 29, 1989, 103 Stat. 1589; Pub. L. 104–201, div. A, title 

VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2577.) 

§ 1455. Regulations 

(a) IN GENERAL.—The President shall prescribe regulations to 

carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the uniformed services. 
§ 1455 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 806 

(b) NOTICE OF ELECTIONS.—Regulations prescribed under this 

section shall provide that before the date on which a member becomes entitled to retired pay— 

(1) if the member is married, the member and the member’s spouse shall be informed of the elections available under 

section 1448(a) of this title and the effects of such elections; 

and 

(2) if the notification referred to in section 1448(a)(3)(E) of 

this title is required, any former spouse of the member shall 

be informed of the elections available and the effects of such 

elections. 

(c) PROCEDURE FOR DEPOSITING CERTAIN RECEIPTS.—Regulations prescribed under this section shall establish procedures for 

depositing the amounts referred to in sections 1448(g), 1450(k)(2), 

and 1452(d) of this title. 

(d) PAYMENTS TO GUARDIANS AND FIDUCIARIES.— (1) IN GENERAL.—Regulations prescribed under this section 

shall provide procedures for the payment of an annuity under 

this subchapter in the case of— 

(A) a person for whom a guardian or other fiduciary 

has been appointed; and 

(B) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed. 

(2) AUTHORIZED PROCEDURES.—The regulations under 

paragraph (1) may include provisions for the following: 

(A) In the case of an annuitant referred to in paragraph (1)(A), payment of the annuity to the appointed 

guardian or other fiduciary. 

(B) In the case of an annuitant referred to in paragraph (1)(B), payment of the annuity to any person who, 

in the judgment of the Secretary concerned, is responsible 

for the care of the annuitant. 

(C) Subject to subparagraphs (D) and (E), a requirement for the payee of an annuity to spend or invest the 

amounts paid on behalf of the annuitant solely for benefit 

of the annuitant. 

(D) Authority for the Secretary concerned to permit 

the payee to withhold from the annuity payment such 

amount, not in excess of 4 percent of the annuity, as the 

Secretary concerned considers a reasonable fee for the fiduciary services of the payee when a court appointment 

order provides for payment of such a fee to the payee for 

such services or the Secretary concerned determines that 

payment of a fee to such payee is necessary in order to obtain the fiduciary services of the payee. 

(E) Authority for the Secretary concerned to require 

the payee to provide a surety bond in an amount sufficient 

to protect the interests of the annuitant and to pay for 

such bond out of the annuity. 

(F) A requirement for the payee of an annuity to maintain and, upon request, to provide to the Secretary concerned an accounting of expenditures and investments of 

amounts paid to the payee. 
807 § 1455 CH. 73 (SUBCH II)—SURVIVOR BENEFIT PLAN (SBP) 

(G) In the case of an annuitant referred to in paragraph (1)(B)— 

(i) procedures for determining incompetency and 

for selecting a payee to represent the annuitant for the 

purposes of this section, including provisions for notifying the annuitant of the actions being taken to make 

such a determination and to select a representative 

payee, an opportunity for the annuitant to review the 

evidence being considered, and an opportunity for the 

annuitant to submit additional evidence before the determination is made; and 

(ii) standards for determining incompetency, including standards for determining the sufficiency of 

medical evidence and other evidence. 

(H) Provisions for any other matter that the President 

considers appropriate in connection with the payment of 

an annuity in the case of a person referred to in paragraph 

(1). 

(3) LEGAL EFFECT OF PAYMENT TO GUARDIAN OR FIDUCIARY.—An annuity paid to a person on behalf of an annuitant 

in accordance with the regulations prescribed pursuant to 

paragraph (1) discharges the obligation of the United States for 

payment to the annuitant of the amount of the annuity so 

paid. 

(Added Pub. L. 92–425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 99–145, title 

VII, Sec. 724, Nov. 8, 1985, 99 Stat. 678; Pub. L. 102–190, div. A, title VI, Sec. 654(a), Dec. 

5, 1991, 105 Stat. 1389; Pub. L. 104–201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 

2577.) 

[SUBCHAPTER III—REPEALED] 

[§§ 1456 to 1460b. Repealed. Pub. L. 108–375, div. A, title VI, 

Sec. 644(b)(2), Oct. 28, 2004, 118 Stat. 1961] 
808 

CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY 

RETIREMENT FUND 

Sec. 

1461. Establishment and purpose of Fund; definition. 

1462. Assets of Fund. 

1463. Payments from the Fund. 

[1464. Repealed.] 

1465. Determination of contributions to the Fund. 

1466. Payments into the Fund. 

1467. Investment of assets of Fund. 

§ 1461. Establishment and purpose of Fund; definition 

(a) There is established on the books of the Treasury a fund 

to be known as the Department of Defense Military Retirement 

Fund (hereinafter in this chapter referred to as the ‘‘Fund’’), which 

shall be administered by the Secretary of the Treasury. The Fund 

shall be used for the accumulation of funds in order to finance on 

an actuarially sound basis liabilities of the Department of Defense 

under military retirement and survivor benefit programs. 

(b) In this chapter, the term ‘‘military retirement and survivor 

benefit programs’’ means— 

(1) the provisions of this title creating entitlement to, or 

determining the amount of, retired or retainer pay; 

(2) the programs under the jurisdiction of the Department 

of Defense providing annuities for survivors of members and 

former members of the armed forces, including chapter 73 of 

this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and 

(3) the authority provided in section 1408(h) of this title. 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 

101–189, div. A, title XVI, Sec. 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. 

A, title VI, Sec. 653(b)(1), Oct. 23, 1992, 106 Stat. 2428.) 

§ 1462. Assets of Fund 

There shall be deposited into the Fund the following, which 

shall constitute the assets of the Fund: 

(1) Amounts paid into the Fund under section 1466 of this 

title. 

(2) Any amount appropriated to the Fund. 

(3) Any return on investment of the assets of the Fund. 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 645.) 

§ 1463. Payments from the Fund 

(a) There shall be paid from the Fund— 

(1) retired pay payable to members on the retired lists of 

the Army, Navy, Air Force, and Marine Corps and payments 

under section 1413a or 1414 of this title paid to such members; 
809 § 1465 CH. 74—DOD MILITARY RETIREMENT FUND 

(2) retired pay payable under chapter 1223 of this title to 

former members of the armed forces (other than retired pay 

payable by the Secretary of Homeland Security); 

(3) retainer pay payable to members of the Fleet Reserve 

and Fleet Marine Corps Reserve; 

(4) benefits payable under programs under the jurisdiction 

of the Department of Defense that provide annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, 

and section 5 of Public Law 96–402; and 

(5) amounts payable under section 1408(h) of this title. 

(b) The assets of the Fund are hereby made available for payments under subsection (a). 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 645; amended Pub. L. 

101–189, div. A, title VI, Sec. 651(c), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 102–484, div. A, 

title VI, Sec. 653(b)(2), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 103–35, title II, Sec. 202(a)(4), 

May 31, 1993, 107 Stat. 101; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(18), Feb. 10, 1996, 

110 Stat. 499; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. 

L. 108–136, div. A, title VI, Sec. 641(c)(2), Nov. 24, 2003, 117 Stat. 1515; Pub. L. 108–375, div. 

A, title X, Sec. 1084(d)(11), Oct. 28, 2004, 118 Stat. 2062.) 

[§ 1464. Repealed. Pub. L. 110–181, div. A, title IX, Sec. 

906(b)(1)(A), Jan. 28, 2008, 122 Stat. 277] 

§ 1465. Determination of contributions to the Fund 

(a) Not later than six months after the Board of Actuaries is 

first appointed, the Board shall determine the amount that is the 

present value (as of October 1, 1984) of future benefits payable 

from the Fund that are attributable to service in the armed forces 

performed before October 1, 1984. That amount is the original unfunded liability of the Fund. The Board shall determine the period 

of time over which the original unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the 

Fund for the liquidation of the original unfunded liability in accordance with such schedule shall be made as provided in section 

1466(b) of this title. 

(b)(1) The Secretary of Defense shall determine each year, in 

sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions 

to be made to the Fund during that fiscal year under section 

1466(a) of this title. That amount shall be the sum of the following: 

(A) The product of— 

(i) the current estimate of the value of the single level 

percentage of basic pay to be determined under subsection 

(c)(1)(A) at the time of the next actuarial valuation under 

subsection (c); and 

(ii) the total amount of basic pay expected to be paid 

during that fiscal year for active duty (other than the 

Coast Guard) and for full-time National Guard duty (other 

than full-time National Guard duty for training only), but 

excluding the amount expected to be paid for any duty 

that would be excluded for active-duty end strength purposes by section 115(i) of this title. 

(B) The product of— 
§ 1465 CH. 74—DOD MILITARY RETIREMENT FUND 810 

(i) the current estimate of the value of the single level 

percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation 

under subsection (c); and 

(ii) the total amount of basic pay and of compensation 

(paid pursuant to section 206 of title 37) expected to be 

paid during that fiscal year to members of the Selected Reserve of the armed forces (other than the Coast Guard) for 

service not otherwise described in subparagraph (A)(ii). 

(2) The amount determined under paragraph (1) for any fiscal 

year is the amount needed to be appropriated to the Department 

of Defense for that fiscal year for payments to be made to the Fund 

during that year under section 1466(a) of this title. The President 

shall include not less than the full amount so determined in the 

budget transmitted to Congress for that fiscal year under section 

1105 of title 31. The President may comment and make recommendations concerning any such amount. 

(3) At the same time that the Secretary of Defense makes the 

determination required by paragraph (1) for any fiscal year, the 

Secretary shall determine the amount of the Treasury contribution 

to be made to the Fund for the next fiscal year under section 

1466(b)(2)(D) of this title. That amount shall be determined in the 

same manner as the determination under paragraph (1) of the total 

amount of Department of Defense contributions to be made to the 

Fund during that fiscal year under section 1466(a) of this title, except that for purposes of this paragraph the Secretary, in making 

the calculations required by subparagraphs (A) and (B) of that 

paragraph, shall use the single level percentages determined under 

subsection (c)(4), rather than those determined under subsection 

(c)(1). 

(c)(1) Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of Department of Defense military retirement and survivor benefit programs. Each actuarial valuation of such programs shall include— 

(A) a determination (using the aggregate entry-age normal 

cost method) of a single level percentage of basic pay for active 

duty (other than the Coast Guard) and for full-time National 

Guard duty (other than full-time National Guard duty for 

training only), but excluding the amount expected to be paid 

for any duty that would be excluded for active-duty end 

strength purposes by section 115(i) of this title, to be determined without regard to section 1413a or 1414 of this title; and 

(B) a determination (using the aggregate entry-age normal 

cost method) of a single level percentage of basic pay and of 

compensation (paid pursuant to section 206 of title 37) for 

members of the Selected Reserve of the armed forces (other 

than the Coast Guard) for service not otherwise described by 

subparagraph (A), to be determined without regard to section 

1413a or 1414 of this title. 

Such single level percentages shall be used for the purposes of subsection (b)(1) and section 1466(a) of this title. 

(2) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) there has 
811 § 1466 CH. 74—DOD MILITARY RETIREMENT FUND 

been a change in benefits under a military retirement or survivor 

benefit program that has been made since the last such valuation 

and such change in benefits increases or decreases the present 

value of amounts payable from the Fund, the Secretary of Defense 

shall determine an amortization methodology and schedule for the 

amortization of the cumulative unfunded liability (or actuarial gain 

to the Fund) created by such change and any previous such 

changes so that the present value of the sum of the amortization 

payments (or reductions in payments that would otherwise be 

made) equals the cumulative increase (or decrease) in the present 

value of such amounts. 

(3) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) the Secretary of Defense determines that, based upon changes in actuarial 

assumptions since the last valuation, there has been an actuarial 

gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or loss to the Fund created by such change in assumptions and any previous such changes in assumptions through an increase or decrease in the payments that would otherwise be made 

to the Fund. 

(4) Whenever the Secretary carries out an actuarial valuation 

under paragraph (1), the Secretary shall include as part of such 

valuation the following: 

(A) A determination of a single level percentage determined in the same manner as applies under subparagraph (A) 

of paragraph (1), but based only upon the provisions of sections 

1413a and 1414 of this title. 

(B) A determination of a single level percentage determined in the same manner as applies under subparagraph (B) 

of paragraph (1), but based only upon the provisions of sections 

1413a and 1414 of this title. 

Such single level percentages shall be used for the purposes of subsection (b)(3). 

(5) Contributions to the Fund in accordance with amortization 

schedules under paragraphs (2) and (3) shall be made as provided 

in section 1466(b) of this title. 

(d) All determinations under this section shall be made using 

methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and inflation) and in accordance with generally accepted actuarial principles and practices. 

(e) The Secretary of Defense shall provide for the keeping of 

such records as are necessary for determining the actuarial status 

of the Fund. 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 646; amended Pub. L. 

98–525, title XIV, Sec. 1405(28), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–500, Sec. 101(c) (title 

IX, Sec. 9131), Oct. 18, 1986, 100 Stat. 1783–82, 1783–128, and Pub. L. 99–591, Sec. 101(c) [title 

IX, Sec. 9131], Oct. 30, 1986, 100 Stat. 3341–82, 3341–128; Pub. L. 99–661, div. A, title VI, Sec. 

661(a), Nov. 14, 1986, 100 Stat. 3891; Pub. L. 108–136, div. A, title VI, Sec. 641(c)(3), (4), Nov. 

24, 2003, 117 Stat. 1515; Pub. L. 108–375, div. A, title X, Sec. 1084(d)(11), Oct. 28, 2004, 118 

Stat. 2062; Pub. L. 109–364, div. A, title V, Sec. 591(a), Oct. 17, 2006, 120 Stat. 2232.) 

§ 1466. Payments into the Fund 

(a) The Secretary of Defense shall pay into the Fund at the end 

of each month as the Department of Defense contribution to the 

Fund for that month the amount that is the sum of the following: 
§ 1466 CH. 74—DOD MILITARY RETIREMENT FUND 812 

(1) The product of— 

(A) the level percentage of basic pay determined using 

all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial 

valuation under section 1465(c)(1)(A) of this title (except 

that any statutory change in the military retirement and 

survivor benefit systems that is effective after the date of 

that valuation and on or before the first day of the current 

fiscal year shall be used in such determination); and 

(B) the total amount of basic pay accrued for that 

month for active duty (other than the Coast Guard) and 

for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the 

amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 

115(i) of this title. 

(2) The product of— 

(A) the level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) determined 

using all the methods and assumptions approved for the 

most recent (as of the first day of the current fiscal year) 

actuarial valuation under section 1465(c)(1)(B) of this title 

(except that any statutory change in the military retirement and survivor benefit systems that is effective after 

the date of that valuation and on or before the first day 

of the current fiscal year shall be used in such determination); and 

(B) the total amount of basic pay and of compensation 

(paid pursuant to section 206 of title 37) accrued for that 

month by members of the Selected Reserve of the armed 

forces (other than the Coast Guard) for service not otherwise described in paragraph (1)(B). 

Amounts paid into the Fund under this subsection shall be paid 

from funds available for the pay of members of the armed forces 

under the jurisdiction of the Secretary of a military department. 

(b)(1) At the beginning of each fiscal year the Secretary of the 

Treasury shall promptly pay into the Fund from the General Fund 

of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the 

contribution to the Fund for that fiscal year required by sections 

1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3) of this title. 

(2) At the beginning of each fiscal year the Secretary of Defense shall determine the sum of the following: 

(A) The amount of the payment for that year under the 

amortization schedule determined by the Board of Actuaries 

under section 1465(a) of this title for the amortization of the 

original unfunded liability of the Fund. 

(B) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined 

by the Secretary of Defense under section 1465(c)(2) of this 

title for the amortization of any cumulative unfunded liability 

(or any gain) to the Fund resulting from changes in benefits. 

(C) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined 
813 § 1467 CH. 74—DOD MILITARY RETIREMENT FUND 

by the Secretary of Defense under section 1465(c)(3) of this 

title for the amortization of any cumulative actuarial gain or 

loss to the Fund. 

(D) The amount for that year determined by the Secretary 

of Defense under section 1465(b)(3) of this title for the cost to 

the Fund arising from increased amounts payable from the 

Fund by reason of section 1413a or 1414 of this title. 

(3) The Secretary of Defense shall promptly certify the amount 

determined under paragraph (2) each year to the Secretary of the 

Treasury. 

(c)(1) The Secretary of Defense shall pay into the Fund at the 

beginning of each fiscal year such amount as may be necessary to 

pay the cost to the Fund for that fiscal year resulting from the repeal, as of October 1, 1999, of section 5532 of title 5, including any 

actuarial loss to the Fund resulting from increased benefits paid 

from the Fund that are not fully covered by the payments made to 

the Fund for that fiscal year under subsections (a) and (b). 

(2) Amounts paid into the Fund under this subsection shall be 

paid from funds available for the pay of members of the armed 

forces under the jurisdiction of the Secretary of a military department. 

(3) The Department of Defense Board of Actuaries shall determine, for each armed force, the amount required under paragraph 

(1) to be deposited in the Fund each fiscal year. 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 647; amended Pub. L. 

99–500, Sec. 101(c) [title IX, Sec. 9103(3), 9131], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, 

1783–128, and Pub. L. 99–591, Sec. 101(c) [title IX, Sec. 9103(3), 9131], Oct. 30, 1986, 100 Stat. 

3341–82, 3341–118, 3341–128; Pub. L. 99–661, div. A, title VI, Sec. 661(b), Nov. 14, 1986, 100 

Stat. 3892; Pub. L. 100–26, Sec. 4(a)(1), 7(a)(3), Apr. 21, 1987, 101 Stat. 274, 275; Pub. L. 106– 

65, div. A, title VI, Sec. 651(b), Oct. 5, 1999, 113 Stat. 664; Pub. L. 108–136, div. A, title VI, 

Sec. 641(c)(5), Nov. 24, 2003, 117 Stat. 1516; Pub. L. 108–375, div. A, title X, Sec. 1084(d)(11), 

Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–364, div. A, title V, Sec. 591(b), Oct. 17, 2006, 120 

Stat. 2233; Pub. L. 110–181, div. A, title IX, Sec. 906(c)(3), title X, Sec. 1063(c)(4), Jan. 28, 2008, 

122 Stat. 277, 322.) 

§ 1467. Investment of assets of Fund 

The Secretary of the Treasury shall invest such portion of the 

Fund as is not in the judgment of the Secretary of Defense required 

to meet current withdrawals. Such investments shall be in public 

debt securities with maturities suitable to the needs of the Fund, 

as determined by the Secretary of Defense, and bearing interest at 

rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on 

such investments shall be credited to and form a part of the Fund. 

(Added Pub. L. 98–94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 648.) 
814 

CHAPTER 75—DECEASED PERSONNEL 

Subchapter Sec. 

I. Death Investigations .................................................................................. 1471 

II. Death Benefits ............................................................................................ 1475 

SUBCHAPTER I—DEATH INVESTIGATIONS 

Sec. 

1471. Forensic pathology investigations. 

§ 1471. Forensic pathology investigations 

(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of Defense, the Armed Forces Medical Examiner may conduct a forensic pathology investigation to determine the cause or manner of 

death of a deceased person if such an investigation is determined 

to be justified under circumstances described in subsection (b). The 

investigation may include an autopsy of the decedent’s remains. 

(b) BASIS FOR INVESTIGATION.—(1) A forensic pathology investigation of a death under this section is justified if at least one of 

the circumstances in paragraph (2) and one of the circumstances in 

paragraph (3) exist. 

(2) A circumstance under this paragraph is a circumstance 

under which— 

(A) it appears that the decedent was killed or that, whatever the cause of the decedent’s death, the cause was unnatural; 

(B) the cause or manner of death is unknown; 

(C) there is reasonable suspicion that the death was by unlawful means; 

(D) it appears that the death resulted from an infectious 

disease or from the effects of a hazardous material that may 

have an adverse effect on the military installation or community involved; or 

(E) the identity of the decedent is unknown. 

(3) A circumstance under this paragraph is a circumstance 

under which— 

(A) the decedent— 

(i) was found dead or died at an installation garrisoned by units of the armed forces that is under the exclusive jurisdiction of the United States; 

(ii) was a member of the armed forces on active duty 

or inactive duty for training; 

(iii) was recently retired under chapter 61 of this title 

as a result of an injury or illness incurred while a member 

on active duty or inactive duty for training; or 

(iv) was a civilian dependent of a member of the 

armed forces and was found dead or died outside the 

United States; 
815 § 1471 CH. 75—DECEASED PERSONNEL 

(B) in any other authorized Department of Defense investigation of matters which involves the death, a factual determination of the cause or manner of the death is necessary; or 

(C) in any other authorized investigation being conducted 

by the Federal Bureau of Investigation, the National Transportation Safety Board, or any other Federal agency, an authorized official of such agency with authority to direct a forensic 

pathology investigation requests that the Armed Forces Medical Examiner conduct such an investigation. 

(c) DETERMINATION OF JUSTIFICATION.—(1) Subject to paragraph (2), the determination that a circumstance exists under paragraph (2) of subsection (b) shall be made by the Armed Forces Medical Examiner. 

(2) A commander may make the determination that a circumstance exists under paragraph (2) of subsection (b) and require 

a forensic pathology investigation under this section without regard 

to a determination made by the Armed Forces Medical Examiner 

if— 

(A) in a case involving circumstances described in paragraph (3)(A)(i) of that subsection, the commander is the commander of the installation where the decedent was found dead 

or died; or 

(B) in a case involving circumstances described in paragraph (3)(A)(ii) of that subsection, the commander is the commander of the decedent’s unit at a level in the chain of command designated for such purpose in the regulations prescribed by the Secretary of Defense. 

(d) LIMITATION IN CONCURRENT JURISDICTION CASES.—(1) The 

exercise of authority under this section is subject to the exercise of 

primary jurisdiction for the investigation of a death— 

(A) in the case of a death in a State, by the State or a local 

government of the State; or 

(B) in the case of a death in a foreign country, by that foreign country under any applicable treaty, status of forces 

agreement, or other international agreement between the 

United States and that foreign country. 

(2) Paragraph (1) does not limit the authority of the Armed 

Forces Medical Examiner to conduct a forensic pathology investigation of a death that is subject to the exercise of primary jurisdiction 

by another sovereign if the investigation by the other sovereign is 

concluded without a forensic pathology investigation that the 

Armed Forces Medical Examiner considers complete. For the purposes of the preceding sentence a forensic pathology investigation 

is incomplete if the investigation does not include an autopsy of the 

decedent. 

(e) PROCEDURES.—For a forensic pathology investigation under 

this section, the Armed Forces Medical Examiner shall— 

(1) designate one or more qualified pathologists to conduct 

the investigation; 

(2) to the extent practicable and consistent with responsibilities under this section, give due regard to any applicable 

law protecting religious beliefs; 
§ 1475 CH. 75—DECEASED PERSONNEL 816 

(3) as soon as practicable, notify the decedent’s family, if 

known, that the forensic pathology investigation is being conducted; 

(4) as soon as practicable after the completion of the investigation, authorize release of the decedent’s remains to the 

family, if known; and 

(5) promptly report the results of the forensic pathology investigation to the official responsible for the overall investigation of the death. 

(f) DEFINITION OF STATE.—In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, 

and Guam. 

(Added Pub. L. 106–65, div. A, title VII, Sec. 721(a), Oct. 5, 1999, 113 Stat. 692.) 

SUBCHAPTER II—DEATH BENEFITS 

Sec. 

1475. Death gratuity: death of members on active duty or inactive duty training 

and of certain other persons. 

1476. Death gratuity: death after discharge or release from duty or training. 

1477. Death gratuity: eligible survivors. 

1478. Death gratuity: amount. 

1479. Death gratuity: delegation of determinations, payments. 

1480. Death gratuity: miscellaneous provisions. 

1481. Recovery, care, and disposition of remains: decedents covered. 

1482. Expenses incident to death. 

1482a. Expenses incident to death: civilian employees serving with an armed 

force. 

1483. Prisoners of war and interned enemy aliens. 

1484. Pensioners, indigent patients, and persons who die on military reservations. 

1485. Dependents of members of armed forces. 

1486. Other citizens of United States. 

1487. Temporary interment. 

1488. Removal of remains. 

1489. Death gratuity: members and employees dying outside the United States 

while assigned to intelligence duties. 

1490. Transportation of remains: certain retired members and dependents who 

die in military medical facilities. 

1491. Funeral honors functions at funerals for veterans. 

§ 1475. Death gratuity: death of members on active duty or 

inactive duty training and of certain other persons 

(a) Except as provided in section 1480 of this title, the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by section 1477 of this title, immediately upon receiving official notification of the death of— 

(1) a member of an armed force under his jurisdiction who 

dies while on active duty or while performing authorized travel 

to or from active duty; 

(2) a Reserve of an armed force who dies while on inactive 

duty training (other than work or study in connection with a 

correspondence course of an armed force or attendance, in an 

inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service); 

(3) any Reserve of an armed force who, when authorized 

or required by an authority designated by the Secretary, assumed an obligation to perform active duty for training, or inactive duty training (other than work or study in connection 
817 § 1476 CH. 75—DECEASED PERSONNEL 

with a correspondence course of an armed force or attendance, 

in an inactive status, at an educational institution, under the 

sponsorship of an armed force or the Public Health Service), 

and who dies while traveling directly to or from that active 

duty for training or inactive duty training; 

(4) any member of a reserve officers’ training corps who 

dies while performing annual training duty under orders for a 

period of more than 13 days, or while performing authorized 

travel to or from that annual training duty; or any applicant 

for membership in a reserve officers’ training corps who dies 

while attending field training or a practice cruise under section 

2104(b)(6)(B) of this title or while performing authorized travel 

to or from the place where the training or cruise is conducted; 

or 

(5) a person who dies while traveling to or from or while 

at a place for final acceptance, or for entry upon active duty 

(other than for training), in an armed force, who has been ordered or directed to go to that place, and who— 

(A) has been provisionally accepted for that duty; or 

(B) has been selected, under the Military Selective 

Service Act (50 U.S.C. App. 451 et seq.), for service in that 

armed force. 

(b) This section does not apply to the survivors of persons who 

were temporary members of the Coast Guard Reserve at the time 

of their death. 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 88–647, 

title III, Sec. 301(1), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 96–513, title V, Sec. 511(59), Dec. 

12, 1980, 94 Stat. 2925; Pub. L. 99–661, div. A, title VI, Sec. 604(e)(1), Nov. 14, 1986, 100 Stat. 

3877.) 

§ 1476. Death gratuity: death after discharge or release from 

duty or training 

(a)(1) Except as provided in section 1480 of this title, the Secretary concerned shall pay a death gratuity to or for the survivors 

prescribed in section 1477 of this title of each person who dies 

within 120 days after discharge or release from— 

(A) active duty; or 

(B) inactive-duty training (other than work or study in 

connection with a correspondence course of an armed force or 

attendance, in an inactive status, at an educational institution 

under the sponsorship of an armed force or the Public Health 

Service). 

(2) A death gratuity may be paid under paragraph (1) only if 

the Secretary of Veterans Affairs determines that the death resulted from an injury or disease incurred or aggravated during— 

(A) the active duty or inactive-duty training described in 

paragraph (1); or 

(B) travel directly to or from such duty. 

(b) For the purpose of this section, the standards and procedures for determining the incurrence or aggravation of a disease or 

injury are those applicable under the laws relating to disability 

compensation administered by the Department of Veterans Affairs, 

except that there is no requirement under this section that any incurrence or aggravation have been in line of duty. 
§ 1477 CH. 75—DECEASED PERSONNEL 818 

(c) This section does not apply to the survivors of persons who 

were temporary members of the Coast Guard Reserve at the time 

of their death. 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 99–661, 

div. A, title VI, Sec. 604(e)(2), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 101–189, div. A, title XVI, 

Sec. 1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.) 

§ 1477. Death gratuity: eligible survivors 

(a) DESIGNATION OF RECIPIENTS.—(1) On and after July 1, 

2008, or such earlier date as the Secretary of Defense may prescribe, a person covered by section 1475 or 1476 of this title may 

designate one or more persons to receive all or a portion of the 

amount payable under section 1478 of this title. The designation of 

a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the 

amount of the death gratuity, if any, shall be paid in accordance 

with subsection (b). 

(2) If a person covered by section 1475 or 1476 of this title has 

a spouse, but designates a person other than the spouse to receive 

all or a portion of the amount payable under section 1478 of this 

title, the Secretary concerned shall provide notice of the designation to the spouse. 

(b) DISTRIBUTION OF REMAINDER; DISTRIBUTION IN ABSENCE OF

DESIGNATED RECIPIENT.—If a person covered by section 1475 or 

1476 of this title does not make a designation under subsection (a) 

or designates only a portion of the amount payable under section 

1478 of this title, the amount of the death gratuity not covered by 

a designation shall be paid as follows: 

(1) To the surviving spouse of the person, if any. 

(2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the descendants of any deceased children by representation. 

(3) If there is none of the above, to the surviving parents 

(as prescribed by subsection (c)) of the person or the survivor 

of them. 

(4) If there is none of the above, to the duly-appointed executor or administrator of the estate of the person. 

(5) If there is none of the above, to other next of kin of the 

person entitled under the laws of domicile of the person at the 

time of the person’s death. 

(c) TREATMENT OF PARENTS.—For purposes of subsection (b)(3), 

parents include fathers and mothers through adoption. However, 

only one father and one mother may be recognized in any case, and 

preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the 

decedent entered a status described in section 1475 or 1476 of this 

title. 

(d) TREATMENT OF CHILDREN.—Subsection (b)(2) applies, without regard to age or marital status, to— 

(1) legitimate children; 

(2) adopted children; 

(3) stepchildren who were a part of the decedent’s household at the time of his death; 
819 § 1478 CH. 75—DECEASED PERSONNEL 

(4) illegitimate children of a female decedent; and 

(5) illegitimate children of a male decedent— 

(A) who have been acknowledged in writing signed by 

the decedent; 

(B) who have been judicially determined, before the 

decedent’s death, to be his children; 

(C) who have been otherwise proved, by evidence satisfactory to the Secretary of Veterans Affairs, to be children 

of the decedent; or 

(D) to whose support the decedent had been judicially 

ordered to contribute. 

(e) EFFECT OF DEATH BEFORE RECEIPT OF GRATUITY.—If a person entitled to all or a portion of a death gratuity under subsection 

(a) or (b) dies before the person receives the death gratuity, it shall 

be paid to the living survivor next in the order prescribed by subsection (b). 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1453; amended Pub. L. 101–189, 

div. A, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 110–28, title III, Sec. 

3306, May 25, 2007, 121 Stat. 136; Pub. L. 110–181, div. A, title VI, Sec. 645(a), (b), Jan. 28, 

2008, 122 Stat. 158, 159; Pub. L. 110–417, [div. A], title X, Sec. 1061(a)(4), Oct. 14, 2008, 122 

Stat. 4612.) 

§ 1478. Death gratuity: amount 

(a) The death gratuity payable under sections 1475 through 

1477 of this title shall be $100,000. For this purpose: 

(1) A person covered by subsection (a)(1) of section 1475 of 

this title who died while traveling to or from active duty (other 

than for training) is considered to have been on active duty on 

the date of his death. 

(2) A person covered by subsection (a)(3) of section 1475 of 

this title who died while traveling directly to or from active 

duty for training is considered to have been on active duty for 

training on the date of his death. 

(3) A person covered by subsection (a)(3) of section 1475 of 

this title who died while traveling directly to or from inactive 

duty training is considered to have been on inactive duty training on the date of his death. 

(4) A person covered by subsection (a)(4) of section 1475 of 

this title who died while performing annual training duty or 

while traveling directly to or from that duty is considered to 

have been entitled, on the date of his death, to the pay prescribed by the first sentence of section 209(c) of title 37. A person covered by section 1475(a)(4) of this title who dies while attending field training or a practice cruise under section 

2104(b)(6)(B) of this title, or while traveling directly to or from 

the place where the training or cruise is conducted, is considered to have been entitled, on the date of his death, to the pay 

prescribed by the second sentence of section 209(c) of title 37. 

(5) A person covered by subsection (a)(5) of section 1475 of 

this title is considered to have been on active duty, on the date 

of his death, in the grade that he would have held on final acceptance, or entry on active duty. 

(6) A person covered by section 1476 of this title is considered to have been entitled, on the date of his death, to pay at 
§ 1479 CH. 75—DECEASED PERSONNEL 820 

the rate to which he was entitled on the last day on which he 

performed duty or training. 

(7) A person covered by section 1475 or 1476 of this title 

who performed active duty, or inactive duty training, without 

pay is considered to have been entitled to basic pay while performing that duty or training. 

(8) A person covered by section 1475 or 1476 of this title 

who incurred a disability while on active duty or inactive duty 

training and who became entitled to basic pay while receiving 

hospital or medical care, including out-patient care, for that 

disability, is considered to have been on active duty or inactive 

duty training, as the case may be, for as long as he is entitled 

to that pay. 

(b) A person who is discharged, or released from active duty 

(other than for training), is considered to continue on that duty 

during the period following the date of his discharge or release 

that, as determined by the Secretary concerned, is necessary for 

that person to go to his home by the most direct route. That period 

may not end before midnight of the day on which the member is 

discharged or released. 

[(c) Repealed. Pub. L. 109–163, div. A, title VI, Sec. 

664(a)(2)(B), Jan. 6, 2006, 119 Stat. 3316.] 

(d)(1) In the case of a person described in paragraph (2), a 

death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the 

death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a). 

(2) This subsection applies in the case of a person who died 

during the period beginning on October 7, 2001, and ending on August 31, 2005, while a member of the armed forces on active duty 

and whose death did not establish eligibility for an additional 

death gratuity under the prior subsection (e) of this section (as 

added by section 1013(b) of Public Law 109–13; 119 Stat. 247), because the person was not described in paragraph (2) of that prior 

subsection. 

(3) The amount of additional death gratuity payable under this 

subsection shall be $150,000. 

(4) A payment pursuant to this subsection shall be paid in the 

same manner as provided under paragraph (4) of the prior subsection (e) of this section (as added by section 1013(b) of Public 

Law 109–13; 119 Stat. 247), for payments pursuant to paragraph 

(3)(A) of that prior subsection. 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1454; amended Pub. L. 88–647, 

title III, Sec. 301(2), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 89–718, Sec. 11, Nov. 2, 1966, 80 Stat. 

1117; Pub. L. 102–190, div. A, title VI, Sec. 652(a), Dec. 5, 1991, 105 Stat. 1387; Pub. L. 108– 

121, title I, Sec. 102(a)(1), Nov. 11, 2003, 117 Stat. 137; Pub. L. 108–136, div. A, title VI, Sec. 

646(a), Nov. 24, 2003, 117 Stat. 1520; Pub. L. 108–375, div. A, title VI, Sec. 643(b), Oct. 28, 

2004, 118 Stat. 1958; Pub. L. 109–13, div. A, title I, Sec. 1013(a)–(c), May 11, 2005, 119 Stat. 

246–248; Pub. L. 109–163, div. A, title VI, Sec. 664(a)(1), (2), (b), Jan. 6, 2006, 119 Stat. 3316; 

Pub. L. 109–234, title I, Sec. 1210, June 15, 2006, 120 Stat. 430.) 

§ 1479. Death gratuity: delegation of determinations, payments 

For the purpose of making immediate payments under section 

1475 of this title, the Secretary concerned shall— 
821 § 1481 CH. 75—DECEASED PERSONNEL 

(1) authorize the commanding officer of a territorial command, installation, or district in which a survivor of a person 

covered by that section is residing to determine the beneficiary 

eligible for the death gratuity; and 

(2) authorize a disbursing or certifying official of each of 

those commands, installations, or districts to make the payments to the beneficiary, or certify the payments due them, as 

the case may be. 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 97–258, 

Sec. 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.) 

§ 1480. Death gratuity: miscellaneous provisions 

(a) A payment may not be made under sections 1475–1477 of 

this title if the decedent was put to death as lawful punishment for 

a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were 

engaged in armed conflict. 

(b) A payment may not be made under section 1476 unless the 

Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other 

than dishonorable from the last period of the duty or training that 

he performed. 

(c) For the purposes of section 1475(a)(3) of this title, the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not 

he died from injury so incurred. For the purposes of section 1476 

of this title, the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, 

shall consider— 

(1) the hour on which the Reserve began to travel directly 

to or from the duty or training; 

(2) the hour at which he was scheduled to arrive for, or at 

which he ceased performing, that duty or training; 

(3) the method of travel used; 

(4) the itinerary; 

(5) the manner in which the travel was performed; and 

(6) the immediate cause of death. 

In cases covered by this subsection, the burden of proof is on the 

claimant. 

(d) Payments under sections 1475–1477 of this title shall be 

made from appropriations available for the payment of members of 

the armed force concerned. 

(Added Pub. L. 85–861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 101–189, 

div. A, title XVI, Sec. 1621(a)(2), (5), Nov. 29, 1989, 103 Stat. 1603.) 

§ 1481. Recovery, care, and disposition of remains: decedents covered 

(a) The Secretary concerned may provide for the recovery, care, 

and disposition of the remains of the following persons: 

(1) Any Regular of an armed force under his jurisdiction 

who dies while on active duty. 

(2) A member of a reserve component of an armed force 

who dies while— 
§ 1481 CH. 75—DECEASED PERSONNEL 822 

(A) on active duty; 

(B) performing inactive-duty training; 

(C) performing authorized travel directly to or from active duty or inactive-duty training; 

(D) remaining overnight immediately before the commencement of inactive-duty training, or remaining overnight, between successive periods of inactive-duty training, 

at or in the vicinity of the site of the inactive-duty training; 

(E) hospitalized or undergoing treatment for an injury, 

illness, or disease incurred or aggravated while on active 

duty or performing inactive-duty training; or 

(F) either— 

(i) serving on funeral honors duty under section 

12503 of this title or section 115 of title 32; 

(ii) traveling directly to or from the place at which 

the member is to so serve; or 

(iii) remaining overnight at or in the vicinity of 

that place before so serving, if the place is outside reasonable commuting distance from the member’s residence. 

[(3) Repealed. Pub. L. 99–661, div. A, title VI, Sec. 

604(e)(3)(B), Nov. 14, 1986, 100 Stat. 3877.] 

(4) Any member of, or applicant for membership in, a reserve officers’ training corps who dies while (A) attending a 

training camp, (B) on an authorized practice cruise, (C) performing authorized travel to or from such a camp or cruise, or 

(D) hospitalized or undergoing treatment at the expense of the 

United States for injury incurred, or disease contracted, while 

attending such a camp, while on such a cruise, or while performing that travel. 

(5) Any accepted applicant for enlistment in an armed 

force under his jurisdiction. 

(6) Any person who has been discharged from an enlistment in an armed force under his jurisdiction while a patient 

in a United States hospital, and who continues to be such a patient until the date of his death. 

(7) A person who— 

(A) dies as a retired member of an armed force under 

the Secretary’s jurisdiction during a continuous hospitalization of the member as a patient in a United States 

hospital that began while the member was on active duty 

for a period of more than 30 days; or 

(B) is not covered by subparagraph (A) and, while in 

a retired status by reason of eligibility to retire under 

chapter 61 of this title, dies during a continuous hospitalization of the person that began while the person was 

on active duty as a Regular of an armed force under the 

Secretary’s jurisdiction. 

(8) Any military prisoner who dies while in his custody. 

(9) To the extent authorized under section 1482(f) of this 

title, any retired member of an armed force who dies while outside the United States or any individual who dies outside the 

United States while a dependent of such a member. 
823 § 1482 CH. 75—DECEASED PERSONNEL 

(b) This section applies to each person covered by subsection 

(a)(1)–(7) even though he may have been temporarily absent from 

active duty, with or without leave, at the time of his death, unless 

he had been dropped from the rolls of his organization before his 

death. 

(c) In this section, the term ‘‘dependent’’ has the meaning given 

such term in section 1072(2) of this title. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 112; Oct. 13, 1964, Pub. L. 88–647, title III, Sec. 301(3), 

78 Stat. 1071; Nov. 14, 1986, Pub. L. 99–661, div. A, title VI, Sec. 604(e)(3), 100 Stat. 3877; 

Oct. 5, 1994, Pub. L. 103–337, div. A, title VI, Sec. 652(a)(1), 108 Stat. 2793; Feb. 10, 1996, Pub. 

L. 104–106, div. A, title VII, Sec. 702(b), 110 Stat. 371; Nov. 18, 1997, Pub. L. 105–85, div. A, 

title V, Sec. 513(e), 111 Stat. 1732; Oct. 17, 1998, Pub. L. 105–261, div. A, title VI, Sec. 645(a), 

(b), 112 Stat. 2049, 2050; Oct. 5, 1999, Pub. L. 106–65, div. A, title V, Sec. 578(i)(5), 113 Stat. 

630; Pub. L. 106–398, Sec. 1 [[div. A], title X, Sec. 1087(d)(3)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–293; Dec. 28, 2001, Pub. L. 107–107, div. A, title V, Sec. 513(c), title VI, Sec. 638(b)(2), 

115 Stat. 1093, 1147.) 

§ 1482. Expenses incident to death 

(a) Incident to the recovery, care, and disposition of the remains of any decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses of the following: 

(1) Recovery and identification of the remains. 

(2) Notification to the next of kin or other appropriate person. 

(3) Preparation of the remains for burial, including cremation if requested by the person designated to direct disposition 

of the remains. 

(4) Furnishing of a uniform or other clothing. 

(5) Furnishing of a casket or urn, or both, with outside 

box. 

(6) Hearse service. 

(7) Funeral director’s services. 

(8) Transportation of the remains, and roundtrip transportation and prescribed allowances for an escort of one person, to 

the place selected by the person designated to direct disposition of the remains or, if such a selection is not made, to a national or other cemetery which is selected by the Secretary and 

in which burial of the decedent is authorized. When transportation of the remains includes transportation by aircraft under 

section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 

1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to 

the commercial, general aviation, or military airport nearest to 

the place selected by the designee. 

(9) Interment of the remains. 

(b) If an individual pays any expense payable by the United 

States under this section, the Secretary concerned shall reimburse 

him or his representative in an amount not larger than that normally incurred by the Secretary in furnishing the supply or service 

concerned. If reimbursement by the United States is also authorized under another provision of law or regulation, the individual 

may elect under which provision to be reimbursed. 

(c) Only the following persons may be designated to direct disposition of the remains of a decedent covered by this chapter: 

(1) The surviving spouse of the decedent. 
§ 1482 CH. 75—DECEASED PERSONNEL 824 

(2) Blood relatives of the decedent. 

(3) Adoptive relatives of the decedent. 

(4) If no person covered by clauses (1)–(3) can be found, a 

person standing in loco parentis to the decedent. 

(d) When the remains of a decedent covered by section 1481 of 

this title, whose death occurs after January 1, 1961, are determined to be nonrecoverable, the person who would have been designated under subsection (c) to direct disposition of the remains if 

they had been recovered may be— 

(1) presented with a flag of the United States; however, if 

the person designated by subsection (c) is other than a parent 

of the deceased member, a flag of equal size may also be presented to the parents, and 

(2) reimbursed by the Secretary concerned for the necessary expenses of a memorial service. 

However, the amount of the reimbursement shall be determined in 

the manner prescribed in subsection (b) for an interment, but may 

not be larger than that authorized when the United States provides 

the grave site. A claim for reimbursement under this subsection 

may be allowed only if it is presented within two years after the 

date of death or the date the person who would have been designated under subsection (c) to direct disposition of the remains, if 

they had been recovered, receives notification that the member has 

been reported or determined to be dead under authority of chapter 

10 of title 37, whichever is later. 

(e) PRESENTATION OF FLAG OF THE UNITED STATES.—(1) In the 

case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons: 

(A) The person designated under subsection (c) to direct 

disposition of the remains of the decedent. 

(B) The parents or parent of the decedent, if the person to 

be presented a flag under subparagraph (A) is other than a 

parent of the decedent. 

(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the 

person to be presented a flag under subparagraph (A) is other 

than the surviving spouse. 

(D) Each child of the decedent, regardless of whether the 

person to be presented a flag under subparagraph (A) is a child 

of the decedent. 

(2) The Secretary concerned may pay the necessary expenses 

for the presentation of a flag to the person designated to direct the 

disposition of the remains of a member of the Reserve of an armed 

force under his jurisdiction who dies under honorable circumstances as determined by the Secretary and who is not covered 

by section 1481 of this title if, at the time of such member’s death, 

he— 

(A) was a member of the Ready Reserve; or 

(B) had performed at least twenty years of service as computed under section 12732 of this title and was not entitled to 

retired pay under section 12731 of this title. 

(3) A flag to be presented to a person under subparagraph (B), 

(C), or (D) of paragraph (1) shall be of equal size to the flag pre-
825 § 1482a CH. 75—DECEASED PERSONNEL 

sented under subparagraph (A) of such paragraph to the person 

designated to direct disposition of the remains of the decedent. 

(4) This subsection does not apply to a military prisoner who 

dies while in the custody of the Secretary concerned and while 

under a sentence that includes a discharge. 

(5) In this subsection: 

(A) The term ‘‘parent’’ includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of 

not less than one year before the death of the decedent stood 

in loco parentis to the decedent. Preference under paragraph 

(1)(B) shall be given to the persons who exercised a parental 

relationship at the time of, or most nearly before, the death of 

the decedent. 

(B) The term ‘‘child’’ has the meaning prescribed by section 

1477(d) of this title. 

(f) The payment of expenses incident to the recovery, care, and 

disposition of a decedent covered by section 1481(a)(9) of this title 

is limited to the payment of expenses described in paragraphs (1) 

through (5) of subsection (a) and air transportation of the remains 

from a location outside the United States to a point of entry in the 

United States. Such air transportation may be provided without reimbursement on a space-available basis in military or militarychartered aircraft. The Secretary concerned shall pay all other expenses authorized to be paid under this subsection only on a reimbursable basis. Amounts reimbursed to the Secretary concerned 

under this subsection shall be credited to appropriations available, 

at the time of reimbursement, for the payment of such expenses. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 113; Pub. L. 85–716, Aug. 21, 1958, 72 Stat. 708; Pub. L. 

91–397, Sept. 1, 1970, 84 Stat. 837; Pub. L. 91–487, Oct. 22, 1970, 84 Stat. 1086; Pub. L. 93– 

292, May 28, 1974, 88 Stat. 176; Pub. L. 93–649, Jan. 8, 1975, 88 Stat. 2361; Pub. L. 101–189, 

div. A, title VI, Secs. 652(a)(3), 653(a)(6), title XVI, Sec. 1622(c)(4), Nov. 29, 1989, 103 Stat. 

1461, 1462, 1604; Pub. L. 103–337, div. A, title VI, Sec. 652(a)(2), title XVI, Sec. 1671(c)(8), Oct. 

5, 1994, 108 Stat. 2793, 3014; Pub. L. 104–106, div. A, title XV, Sec. 1501(c)(19), Feb. 10, 1996, 

110 Stat. 499; Pub. L. 107–107, div. A, title VI, Sec. 638(b)(1), Dec. 28, 2001, 115 Stat. 1147; 

Pub. L. 110–181, div. A, title V, Sec. 591, Jan. 28, 2008, 122 Stat. 138; Pub. L. 110–417, [div. 

A], title V, Sec. 581, Oct. 14, 2008, 122 Stat. 4472.) 

§ 1482a. Expenses incident to death: civilian employees serving with an armed force 

(a) PAYMENT OF EXPENSES.—The Secretary concerned may pay 

the expenses incident to the death of a civilian employee who dies 

of injuries incurred in connection with the employee’s service with 

an armed force in a contingency operation, or who dies of injuries 

incurred in connection with a terrorist incident occurring during 

the employee’s service with an armed force, as follows: 

(1) Round-trip transportation and prescribed allowances 

for one person to escort the remains of the employee to the 

place authorized under section 5742(b)(1) of title 5. 

(2) Presentation of a flag of the United States to the next 

of kin of the employee. 

(3) Presentation of a flag of equal size to the flag presented 

under paragraph (2) to the parents or parent of the employee, 

if the person to be presented a flag under paragraph (2) is 

other than the parent of the employee. 

(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to implement this section. The Secretary of Homeland 
§ 1483 CH. 75—DECEASED PERSONNEL 826 

Security shall prescribe regulations to implement this section with 

regard to civilian employees of the Department of Homeland Security. Regulations under this subsection shall be uniform to the extent possible and shall provide for the Secretary’s consideration of 

the conditions and circumstances surrounding the death of an employee and the nature of the employee’s service with the armed 

force. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘civilian employee’’ means a person employed 

by the Federal Government, including a person entitled to 

basic pay in accordance with the General Schedule provided in 

section 5332 of title 5 or a similar basic pay schedule of the 

Federal Government. 

(2) The term ‘‘contingency operation’’ includes humanitarian operations, peacekeeping operations, and similar operations. 

(3) The term ‘‘parent’’ has the meaning given such term in 

section 1482(e)(5)(A) of this title. 

(4) The term ‘‘Secretary concerned’’ includes the Secretary 

of Defense with respect to employees of the Department of Defense who are not employees of a military department. 

(Added Pub. L. 103–160, div. A, title III, Sec. 368(a), Nov. 30, 1993, 107 Stat. 1633; amended 

Pub. L. 103–337, div. A, title X, Sec. 1070(a)(8)(A), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 107– 

296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–383, div. A, title X, 

Sec. 1075(b)(20), Jan. 7, 2011, 124 Stat. 4370.) 

§ 1483. Prisoners of war and interned enemy aliens 

The Secretary concerned may provide for the care and disposition of the remains of prisoners of war and interned enemy aliens 

who die while in his custody and, incident thereto, pay the necessary expenses of— 

(1) notification to the next of kin or other appropriate person; 

(2) preparation of the remains for burial, including cremation; 

(3) furnishing of clothing; 

(4) furnishing of a casket or urn, or both, with outside box; 

(5) transportation of the remains to the cemetery or other 

place selected by the Secretary; and 

(6) interment of the remains. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 113.) 

§ 1484. Pensioners, indigent patients, and persons who die 

on military reservations 

If proper disposition of the remains cannot otherwise be made, 

the Secretary concerned may provide for the care and disposition 

of the remains of pensioners and indigent patients who die in hospitals operated by his department and of persons who die on the 

military reservations of that department and, incident thereto, pay 

the necessary expenses of— 

(1) notification to the next of kin or other appropriate person; 

(2) preparation of the remains for burial, including cremation; 

(3) furnishing of clothing; 
827 § 1486 CH. 75—DECEASED PERSONNEL 

(4) furnishing of a casket or urn, or both, with outside box; 

(5) transportation of the remains to a cemetery selected by 

the Secretary; and 

(6) interment of the remains. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 114.) 

§ 1485. Dependents of members of armed forces 

(a) The Secretary concerned may, if a dependent of a member 

of an armed force dies while the member is on active duty (other 

than for training), provide for, and pay the necessary expenses of, 

transporting the remains of the deceased dependent to the home of 

the decedent or to any other place that the Secretary determines 

to be the appropriate place of interment. 

(b) The Secretary may furnish mortuary services and supplies, 

on a reimbursable basis, for persons covered by subsection (a), if 

(1) that action is practicable, and (2) local commercial mortuary 

services and supplies are not available or the Secretary believes 

that their cost is prohibitive. 

(c) Reimbursement for mortuary services and supplies furnished under this section shall be collected and credited to appropriations available, at the time of reimbursement, for those services 

and supplies. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 114; Pub. L. 89–150, Sec. 1(1), Aug. 28, 1965, 79 Stat. 585.) 

§ 1486. Other citizens of United States 

(a) If local commercial mortuary services and supplies are not 

available, or if he believes that their cost is prohibitive, the Secretary concerned may furnish those services and supplies on a reimbursable basis in the case of any of the following citizens of the 

United States who die outside the United States: 

(1) Any employee of a humanitarian agency accredited to 

the armed forces, such as the American Red Cross and the 

United Services Organization. 

(2) Any civilian performing a service directly for the Secretary because of employment by an agency under a contract 

with the Secretary. 

(3) Any officer or member of a crew of a merchant vessel 

operated by or for the United States through the Secretary. 

(4) Any person who is on duty with an armed force under 

the jurisdiction of the Secretary and who is paid from non-appropriated funds. 

(5) Upon the specific request of the Department of State, 

any person not otherwise covered by this section. 

(6) Any dependent of a person who is covered by this section, if the dependent is living outside the United States with 

that person at the time of death. 

(b) The Secretary may furnish transportation of the remains of 

persons covered by this section, on a reimbursable basis, to a port 

of entry in the United States. 

(c) Reimbursement for services, supplies, and transportation 

furnished under this section shall be collected and credited to appropriations available, at the time of reimbursement, for those 

services, supplies, and transportation. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 114.) 
§ 1487 CH. 75—DECEASED PERSONNEL 828 

§ 1487. Temporary interment 

Whenever necessary for the temporary interment of remains 

pending transportation under this chapter to a designated cemetery, the Secretary concerned may acquire, and provide for the 

maintenance of, grave sites in commercial cemeteries, or he may 

acquire the right to use such grave sites for burial purposes. If the 

death occurs outside the United States and a temporary commercial grave site is not available on a reasonable basis, the Secretary 

may acquire land, or the right to use land, necessary for the temporary interment of the remains under this chapter. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 115.) 

§ 1488. Removal of remains 

If a cemetery on a military reservation, including an installation cemetery, has been or is to be discontinued, the Secretary concerned may provide for the removal of remains from that cemetery 

to any other cemetery. With respect to any deceased member of an 

armed force under his jurisdiction whose last service terminated 

honorably by death or otherwise, the Secretary may also provide 

for the removal of the remains from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 115.) 

§ 1489. Death gratuity: members and employees dying outside the United States while assigned to intelligence duties 

(a) The Secretary of Defense may pay a gratuity to the surviving dependents of any member of the armed forces or of any employee of the Department of Defense— 

(1) who— 

(A) is assigned to duty with an intelligence component 

of the Department of Defense and whose identity as such 

a member or employee is disguised or concealed; or 

(B) is within a category of individuals determined by 

the Secretary of Defense to be engaged in clandestine intelligence activities; and 

(2) who after October 14, 1980 dies as a result of injuries 

(excluding disease) sustained outside the United States and 

whose death— 

(A) resulted from hostile or terrorist activities; or 

(B) occurred in connection with an intelligence activity 

having a substantial element of risk. 

(b) Any payment under subsection (a)— 

(1) shall be in an amount equal to the amount of the annual basic pay or salary of the member or employee concerned 

at the time of death; 

(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by this chapter 

or any other Federal law; and 

(3) shall be made under the same conditions as apply to 

payments authorized by section 413 of the Foreign Service Act 

of 1980 (22 U.S.C. 3973). 
829 § 1491 CH. 75—DECEASED PERSONNEL 

(Added Pub. L. 96–450, title IV, Sec. 403(b)(1), Oct. 14, 1980, 94 Stat. 1979; amended Pub. L. 

97–22, Sec. 11(a)(6), July 10, 1981, 95 Stat. 138; Pub. L. 98–94, title XII, Sec. 1268(9), Sept. 

24, 1983, 97 Stat. 706; Pub. L. 99–145, title XIII, Sec. 1303(a)(12), Nov. 8, 1985, 99 Stat. 739.) 

§ 1490. Transportation of remains: certain retired members 

and dependents who die in military medical facilities 

(a) Subject to subsection (b), when a member entitled to retired 

or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to 

a medical facility of the armed forces, the Secretary concerned may 

transport the remains, or pay the cost of transporting the remains, 

of the decedent to the place of burial of the decedent. 

(b)(1) Transportation provided under this section may not be to 

a place further from the place of death than the decedent’s last 

place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of 

death to the decedent’s last place of permanent residence. 

(2) Transportation of the remains of a decedent may not be 

provided under this section if such transportation is authorized by 

sections 1481 and 1482 of this title or by chapter 23 of title 38. 

(c) DEFINITION OF DEPENDENT.—In this section, the term ‘‘dependent’’ has the meaning given such term in section 1072(2) of 

this title. 

(Added Pub. L. 98–94, title X, Sec. 1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 

100–26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, Sec. 626(a), 

(b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, Sec. 562(a)–(c), Nov. 

24, 2003, 117 Stat. 1483.) 

§ 1491. Funeral honors functions at funerals for veterans 

(a) AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED.—The 

Secretary of Defense shall ensure that, upon request, a funeral 

honors detail is provided for the funeral of any veteran, except 

when military honors are prohibited under section 985(a) of this 

title. 

(b) COMPOSITION OF FUNERAL HONORS DETAILS.—(1) The Secretary of each military department shall ensure that a funeral honors detail for the funeral of a veteran consists of two or more persons. 

(2) At least two members of the funeral honors detail for a veteran’s funeral shall be members of the armed forces (other than 

members in a retired status), at least one of whom shall be a member of the armed force of which the veteran was a member. The remainder of the detail may consist of members of the armed forces 

(including members in a retired status), or members of veterans organizations or other organizations approved for purposes of this 

section under regulations prescribed by the Secretary of Defense. 

Each member of the armed forces in the detail shall wear the uniform of the member’s armed force while serving in the detail. 

(c) CEREMONY.—A funeral honors detail shall, at a minimum, 

perform at the funeral a ceremony that includes the folding of a 

United States flag and presentation of the flag to the veteran’s 

family and the playing of Taps. Unless a bugler is a member of the 

detail, the funeral honors detail shall play a recorded version of 

Taps using audio equipment which the detail shall provide if ade-
§ 1491 CH. 75—DECEASED PERSONNEL 830 

quate audio equipment is not otherwise available for use at the funeral. 

(d) SUPPORT.—(1) To support a funeral honors detail under this 

section, the Secretary of a military department may provide the following: 

(A) For a person who participates in a funeral honors detail (other than a person who is a member of the armed forces 

not in a retired status or an employee of the United States), 

either transportation (or reimbursement for transportation) 

and expenses or the daily stipend prescribed under paragraph 

(2). 

(B) For members of a veterans organization or other organization referred to in subsection (b)(2) and for members of the 

armed forces in a retired status, materiel, equipment, and 

training. 

(C) For members of a veterans organization or other organization referred to in subsection (b)(2), articles of clothing 

that, as determined by the Secretary concerned, are appropriate as a civilian uniform for persons participating in a funeral honors detail. 

(2) The Secretary of Defense shall prescribe annually a flat 

rate daily stipend for purposes of paragraph (1)(A). Such stipend 

shall be set at a rate so as to encompass typical costs for transportation and other miscellaneous expenses for persons participating 

in funeral honors details who are members of the armed forces in 

a retired status and other persons who are not members of the 

armed forces or employees of the United States. 

(3) A stipend paid under this subsection to a member of the 

armed forces in a retired status is in addition to any compensation 

to which the member is entitled under section 435(a)(2) of title 37 

and any other compensation to which the member may be entitled. 

(e) WAIVER AUTHORITY.—(1) The Secretary of Defense may 

waive any requirement provided in or pursuant to this section 

when the Secretary considers it necessary to do so to meet the requirements of war, national emergency, or a contingency operation 

or other military requirements. The authority to make such a waiver may not be delegated to an official of a military department 

other than the Secretary of the military department and may not 

be delegated within the Office of the Secretary of Defense to an official at a level below Under Secretary of Defense. 

(2) Before or promptly after granting a waiver under paragraph (1), the Secretary shall transmit a notification of the waiver 

to the Committees on Armed Services of the Senate and House of 

Representatives. 

(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. Those regulations shall include the following: 

(1) A system for selection of units of the armed forces and 

other organizations to provide funeral honors details. 

(2) Procedures for responding and coordinating responses 

to requests for funeral honors details. 

(3) Procedures for establishing standards and protocol. 

(4) Procedures for providing training and ensuring quality 

of performance. 
831 § 1491 CH. 75—DECEASED PERSONNEL 

(g) ANNUAL REPORT.—The Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

not later than January 31 of each year beginning with 2001 and 

ending with 2005 on the experience of the Department of Defense 

under this section. Each such report shall provide data on the number of funerals supported under this section, the cost for that support, shown by manpower and other cost factors, and the number 

and costs of funerals supported by each participating organization. 

The data in the report shall be presented in a standard format, regardless of military department or other organization. 

(h) VETERAN DEFINED.—In this section, the term ‘‘veteran’’ 

means a decedent who— 

(1) served in the active military, naval, or air service (as 

defined in section 101(24) of title 38) and who was discharged 

or released therefrom under conditions other than dishonorable; or 

(2) was a member or former member of the Selected Reserve described in section 2301(f) of title 38. 

(Added Pub. L. 105–261, div. A, title V, Sec. 567(b), Oct. 1, 1998, 112 Stat. 2030; Pub. L. 106– 

65, div. A, title V, Sec. 578(a)(1), (b)–(e), (k)(1), title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 625, 

626, 627, 630, 774; Pub. L. 107–107, div. A, title V, Secs. 561(a), 564, Dec. 28, 2001, 115 Stat. 

1119, 1120; Pub. L. 107–314, div. A, title V, Sec. 571, Dec. 2, 2002, 116 Stat. 2556; Pub. L. 109– 

163, div. A, title VI, Sec. 662(b)(4), Jan. 6, 2006, 119 Stat. 3315.) 
832 

CHAPTER 76—MISSING PERSONS 

Sec. 

1501. System for accounting for missing persons. 

1502. Missing persons: initial report. 

1503. Actions of Secretary concerned; initial board of inquiry. 

1504. Subsequent board of inquiry. 

1505. Further review. 

1506. Personnel files. 

1507. Recommendation of status of death. 

1508. Judicial review. 

1509. Program to resolve preenactment missing person cases. 

1510. Applicability to Coast Guard. 

1511. Return alive of persons declared missing or dead. 

1512. Effect on State law. 

1513. Definitions. 

§ 1501. System for accounting for missing persons 

(a) RESPONSIBILITY FOR MISSING PERSONNEL.—(1) The Secretary of Defense shall designate within the Office of the Secretary 

of Defense an official as the Deputy Assistant Secretary of Defense 

for Prisoner of War/Missing Personnel Affairs to have responsibility 

for Department of Defense matters relating to missing persons. 

Subject to the authority, direction, and control of the Secretary of 

Defense, the responsibilities of the official designated under this 

paragraph shall include— 

(A) policy, control, and oversight within the Department of 

Defense of the entire process for investigation and recovery related to missing persons (including matters related to search, 

rescue, escape, and evasion); 

(B) policy, control, and oversight of the program established under section 1509 of this title, as well as the accounting for missing persons (including locating, recovering, and 

identifying missing persons or their remains after hostilities 

have ceased); and 

(C) coordination for the Department of Defense with other 

departments and agencies of the United States on all matters 

concerning missing persons. 

(2) The official designated under paragraph (1) shall also serve 

as the Director, Defense Prisoner of War/Missing Personnel Office, 

as established under paragraph (6)(A), exercising authority, direction, and control over that activity. 

(3) In carrying out the responsibilities established under this 

subsection, the official designated under paragraph (1) and (2) shall 

be responsible for the coordination for such purposes within the Department of Defense among the military departments, the Joint 

Staff, and the commanders of the combatant commands. 

(4) The designated official shall establish policies, which shall 

apply uniformly throughout the Department of Defense, for personnel recovery (including search, rescue, escape, and evasion) and 

for personnel accounting (including locating, recovering, and identi-
833 § 1501 CH. 76—MISSING PERSONS 

fying missing persons or their remains after hostilities have 

ceased). 

(5) The designated official shall establish procedures to be followed by Department of Defense boards of inquiry, and by officials 

reviewing the reports of such boards, under this chapter. 

(6)(A) The Secretary of Defense shall establish an activity to 

account for personnel who are missing or whose remains have not 

been recovered from the conflict in which they were lost. This activity shall be known as the Defense Prisoner of War/Missing Personnel Office. The Secretary of Defense shall ensure that the activity is provided sufficient military and civilian personnel, and sufficient funding, to enable the activity to fully perform the complete 

range of missions of the activity. The Secretary shall ensure that 

Department of Defense programming, planning, and budgeting procedures are structured so as to ensure compliance with the preceding sentence for each fiscal year. 

(B)(i) For any fiscal year, the number of military and civilian 

personnel, whether temporary or permanent, assigned or detailed 

activity may not be less than the number requested in the President’s budget for fiscal year 2003, unless a level below such number is expressly required by law. 

(ii) If for any reason the number of military and civilian personnel assigned or detailed activity should fall below the required 

level under clause (i), the Secretary of Defense shall promptly notify the Committees on Armed Services of the Senate and House 

of Representatives of the number of personnel so assigned or detailed and of the Secretary’s plan to restore the staffing level of the 

activity to at least the required minimum number under clause (i). 

The Secretary shall publish such notice and plan in the Federal 

Register. 

(C) For any fiscal year, the level of funding allocated to the activity within the Department of Defense may not be below the level 

requested for such purposes in the President’s budget for fiscal 

year 2003, unless such a level of funding is expressly required by 

law. 

(b) UNIFORM DOD PROCEDURES.—(1) The Secretary of Defense 

shall prescribe procedures, to apply uniformly throughout the Department of Defense, for— 

(A) the determination of the status of persons described in 

subsection (c); and 

(B) for the systematic, comprehensive, and timely collection, analysis, review, dissemination, and periodic update of information related to such persons. 

(2) Such procedures may provide for the delegation by the Secretary of Defense of any responsibility of the Secretary under this 

chapter to the Secretary of a military department. 

(3) Such procedures shall be prescribed in a single directive applicable to all elements of the Department of Defense. 

(4) As part of such procedures, the Secretary may provide for 

the extension, on a case-by-case basis, of any time limit specified 

in section 1502, 1503, or 1504 of this title. Any such extension may 

not be for a period in excess of the period with respect to which 

the extension is provided. Subsequent extensions may be provided 

on the same basis. 
§ 1502 CH. 76—MISSING PERSONS 834 

(c) COVERED PERSONS.—(1) Section 1502 of this title applies in 

the case of any member of the armed forces on active duty— 

(A) who becomes involuntarily absent as a result of a hostile action or under circumstances suggesting that the involuntary absence is a result of a hostile action; and 

(B) whose status is undetermined or who is unaccounted 

for. 

(2) Section 1502 of this title applies in the case of any other 

person who is a citizen of the United States and a civilian officer 

or employee of the Department of Defense or (subject to paragraph 

(3)) an employee of a contractor of the Department of Defense— 

(A) who serves in direct support of, or accompanies, the 

armed forces in the field under orders and becomes involuntarily absent as a result of a hostile action or under circumstances suggesting that the involuntary absence is a result 

of a hostile action; and 

(B) whose status is undetermined or who is unaccounted 

for. 

(3) The Secretary of Defense shall determine, with regard to a 

pending or ongoing military operation, the specific employees, or 

groups of employees, of contractors of the Department of Defense 

to be considered to be covered by this subsection. 

(d) PRIMARY NEXT OF KIN.—The individual who is primary 

next of kin of any person described in subsection (c) may for purposes of this chapter designate another individual to act on behalf 

of that individual as primary next of kin. The Secretary concerned 

shall treat an individual so designated as if the individual designated were the primary next of kin for purposes of this chapter. 

A designation under this subsection may be revoked at any time 

by the person who made the designation. 

(e) TERMINATION OF APPLICABILITY OF PROCEDURES WHEN

MISSING PERSON IS ACCOUNTED FOR.—The provisions of this chapter relating to boards of inquiry and to the actions by the Secretary 

concerned on the reports of those boards shall cease to apply in the 

case of a missing person upon the person becoming accounted for 

or otherwise being determined to be in a status other than missing. 

(f) SECRETARY CONCERNED.—In this chapter, the term ‘‘Secretary concerned’’ includes, in the case of a civilian officer or employee of the Department of Defense or an employee of a contractor 

of the Department of Defense, the Secretary of the military department or head of the element of the Department of Defense employing the officer or employee or contracting with the contractor, as 

the case may be. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 336; Pub. L. 

104–201, div. A, title V, Sec. 578(a)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, div. A, 

title V, Sec. 599(a)(1), Nov. 18, 1997, 111 Stat. 1766; Pub. L. 106–65, div. A, title X, Sec. 

1066(a)(13), Oct. 5, 1999, 113 Stat. 771; Pub. L. 107–314, div. A, title V, Sec. 551, Dec. 2, 2002, 

116 Stat. 2551; Pub. L. 108–375, div. A, title V, Sec. 582(a), Oct. 28, 2004, 118 Stat. 1928; Pub. 

L. 111–383, div. A, title IX, Sec. 901(g), Jan. 7, 2011, 124 Stat. 4322.) 

§ 1502. Missing persons: initial report 

(a) PRELIMINARY ASSESSMENT AND RECOMMENDATION BY COMMANDER.—After receiving information that the whereabouts and 

status of a person described in section 1501(c) of this title is uncertain and that the absence of the person may be involuntary, the 
835 § 1503 CH. 76—MISSING PERSONS 

commander of the unit, facility, or area to or in which the person 

is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall— 

(1) recommend that the person be placed in a missing status; and 

(2) not later than 10 days after receiving such information, 

transmit a report containing that recommendation to the Secretary concerned in accordance with procedures prescribed 

under section 1501(b) of this title. 

(b) TRANSMISSION OF ADVISORY COPY TO THEATER COMPONENT

COMMANDER.—When transmitting a report under subsection (a)(2) 

recommending that a person be placed in a missing status, the 

commander transmitting that report shall transmit an advisory 

copy of the report to the theater component commander with jurisdiction over the missing person. 

(c) SAFEGUARDING AND FORWARDING OF RECORDS.—A commander making a preliminary assessment under subsection (a) 

with respect to a missing person shall (in accordance with procedures prescribed under section 1501 of this title) safeguard and forward for official use any information relating to the whereabouts 

and status of the missing person that results from the preliminary 

assessment or from actions taken to locate the person. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 338; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(b)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, 

div. A, title V, Sec. 599(b)(1), Nov. 18, 1997, 111 Stat. 1768.) 

§ 1503. Actions of Secretary concerned; initial board inquiry 

(a) DETERMINATION BY SECRETARY.—Upon receiving a recommendation under section 1502(a) of this title that a person be 

placed in a missing status, the Secretary receiving the recommendation shall review the recommendation and, not later than 

10 days after receiving such recommendation, shall appoint a board 

under this section to conduct an inquiry into the whereabouts and 

status of the person. 

(b) INQUIRIES INVOLVING MORE THAN ONE MISSING PERSON.— 

If it appears to the Secretary who appoints a board under this section that the absence or missing status of two or more persons is 

factually related, the Secretary may appoint a single board under 

this section to conduct the inquiry into the whereabouts and status 

of all such persons. 

(c) COMPOSITION.—(1) A board appointed under this section to 

inquire into the whereabouts and status of a person shall consist 

of at least one individual described in paragraph (2) who has experience with and understanding of military operations or activities 

similar to the operation or activity in which the person disappeared. 

(2) An individual referred to in paragraph (1) is the following: 

(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. 

(B) A civilian, in the case of an inquiry with respect to a 

civilian employee of the Department of Defense or of a contractor of the Department of Defense. 
§ 1503 CH. 76—MISSING PERSONS 836 

(3) An individual may be appointed as a member of a board 

under this section only if the individual has a security clearance 

that affords the individual access to all information relating to the 

whereabouts and status of the missing persons covered by the inquiry. 

(4) A Secretary appointing a board under this subsection shall, 

for purposes of providing legal counsel to the board, assign to the 

board a judge advocate, or appoint to the board an attorney, who 

has expertise in the law relating to missing persons, the determination of death of such persons, and the rights of family members and dependents of such persons. 

(d) DUTIES OF BOARD.—A board appointed to conduct an inquiry into the whereabouts and status of a missing person under 

this section shall— 

(1) collect, develop, and investigate all facts and evidence 

relating to the disappearance or whereabouts and status of the 

person; 

(2) collect appropriate documentation of the facts and evidence covered by the board’s investigation; 

(3) analyze the facts and evidence, make findings based on 

that analysis, and draw conclusions as to the current whereabouts and status of the person; and 

(4) with respect to each person covered by the inquiry, recommend to the Secretary who appointed the board that— 

(A) the person be placed in a missing status; or 

(B) the person be declared to have deserted, to be absent without leave, or (subject to the requirements of section 1507 of this title) to be dead. 

(e) BOARD PROCEEDINGS.—During the proceedings of an inquiry under this section, a board shall— 

(1) collect, record, and safeguard all facts, documents, 

statements, photographs, tapes, messages, maps, sketches, reports, and other information (whether classified or unclassified) relating to the whereabouts and status of each person covered by the inquiry; 

(2) gather information relating to actions taken to find the 

person, including any evidence of the whereabouts and status 

of the person arising from such actions; and 

(3) maintain a record of its proceedings. 

(f) COUNSEL FOR MISSING PERSON.—(1) The Secretary appointing a board to conduct an inquiry under this section shall appoint 

counsel to represent each person covered by the inquiry or, in a 

case covered by subsection (b), one counsel to represent all persons 

covered by the inquiry. Counsel appointed under this paragraph 

may be referred to as ‘‘missing person’s counsel’’ and represents the 

interests of the person covered by the inquiry (and not any member 

of the person’s family or other interested parties). The identity of 

counsel appointed under this paragraph for a missing person shall 

be made known to the missing person’s primary next of kin and 

any other previously designated person of the person. 

(2) To be appointed as a missing person’s counsel, a person 

must— 

(A) have the qualifications specified in section 827(b) of 

this title (article 27(b) of the Uniform Code of Military Justice) 
837 § 1503 CH. 76—MISSING PERSONS 

for trial counsel or defense counsel detailed for a general courtmartial; 

(B) have a security clearance that affords the counsel access to all information relating to the whereabouts and status 

of the person or persons covered by the inquiry; and 

(C) have expertise in the law relating to missing persons, 

the determination of the death of such persons, and the rights 

of family members and dependents of such persons. 

(3) A missing person’s counsel— 

(A) shall have access to all facts and evidence considered 

by the board during the proceedings under the inquiry for 

which the counsel is appointed; 

(B) shall observe all official activities of the board during 

such proceedings; 

(C) may question witnesses before the board; and 

(D) shall monitor the deliberations of the board. 

(4) A missing person’s counsel shall assist the board in ensuring that all appropriate information concerning the case is collected, logged, filed, and safeguarded. The primary next of kin of 

a missing person and any other previously designated person of the 

missing person shall have the right to submit information to the 

missing person’s counsel relative to the disappearance or status of 

the missing person. 

(5) A missing person’s counsel shall review the report of the 

board under subsection (h) and submit to the Secretary concerned 

who appointed the board an independent review of that report. 

That review shall be made an official part of the record of the 

board. 

(g) ACCESS TO PROCEEDINGS.—The proceedings of a board during an inquiry under this section shall be closed to the public (including, with respect to the person covered by the inquiry, the primary next of kin, other members of the immediate family, and any 

other previously designated person of the person). 

(h) REPORT.—(1) A board appointed under this section shall 

submit to the Secretary who appointed the board a report on the 

inquiry carried out by the board. The report shall include— 

(A) a discussion of the facts and evidence considered by the 

board in the inquiry; 

(B) the recommendation of the board under subsection (d) 

with respect to each person covered by the report; and 

(C) disclosure of whether classified documents and information were reviewed by the board or were otherwise used by 

the board in forming recommendations under subparagraph 

(B). 

(2) A board shall submit a report under this subsection with 

respect to the inquiry carried out by the board not later than 30 

days after the date of the appointment of the board to carry out 

the inquiry. The report may include a classified annex. 

(3) The Secretary of Defense shall prescribe procedures for the 

release of a report submitted under this subsection with respect to 

a missing person. Such procedures shall provide that the report 

may not be made public (except as provided for in subsection (j)) 

until one year after the date on which the report is submitted. 
§ 1504 CH. 76—MISSING PERSONS 838 

(i) DETERMINATION BY SECRETARY.—(1) Not later than 30 days 

after receiving a report from a board under subsection (h), the Secretary receiving the report shall review the report. 

(2) In reviewing a report under paragraph (1), the Secretary 

shall determine whether or not the report is complete and free of 

administrative error. If the Secretary determines that the report is 

incomplete, or that the report is not free of administrative error, 

the Secretary may return the report to the board for further action 

on the report by the board. 

(3) Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative 

error, the Secretary shall make a determination concerning the status of each person covered by the report, including whether the 

person shall— 

(A) be declared to be missing; 

(B) be declared to have deserted; 

(C) be declared to be absent without leave; or 

(D) be declared to be dead. 

(j) REPORT TO FAMILY MEMBERS AND OTHER INTERESTED PERSONS.—Not later than 30 days after the date on which the Secretary concerned makes a determination of the status of a person 

under subsection (i), the Secretary shall take reasonable actions 

to— 

(1) provide to the primary next of kin, the other members 

of the immediate family, and any other previously designated 

person of the person— 

(A) an unclassified summary of the unit commander’s 

report with respect to the person under section 1502(a) of 

this title; and 

(B) the report of the board (including the names of the 

members of the board) under subsection (h); and 

(2) inform each individual referred to in paragraph (1) that 

the United States will conduct a subsequent inquiry into the 

whereabouts and status of the person on or about one year 

after the date of the first official notice of the disappearance 

of the person, unless information becomes available sooner that 

may result in a change in status of the person. 

(k) TREATMENT OF DETERMINATION.—Any determination of the 

status of a missing person under subsection (i) shall be treated as 

the determination of the status of the person by all departments 

and agencies of the United States. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 338; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(a)(2), (b)(2), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 

105–85, div. A, title V, Sec. 599(a)(2), (d), Nov. 18, 1997, 111 Stat. 1767, 1769.) 

§ 1504. Subsequent board of inquiry 

(a) ADDITIONAL BOARD.—If information that may result in a 

change of status of a person covered by a determination under section 1503(i) of this title becomes available within one year after the 

date of the transmission of a report with respect to the person 

under section 1502(a)(2) of this title, the Secretary concerned shall 

appoint a board under this section to conduct an inquiry into the 

information. 
839 § 1504 CH. 76—MISSING PERSONS 

(b) DATE OF APPOINTMENT.—The Secretary concerned shall appoint a board under this section to conduct an inquiry into the 

whereabouts and status of a missing person on or about one year 

after the date of the transmission of a report concerning the person 

under section 1502(a)(2) of this title. 

(c) COMBINED INQUIRIES.—If it appears to the Secretary concerned that the absence or status of two or more persons is factually related, the Secretary may appoint one board under this section to conduct the inquiry into the whereabouts and status of such 

persons. 

(d) COMPOSITION.—(1) A board appointed under this section 

shall be composed of at least three members as follows: 

(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces 

(and no civilians described in subparagraph (B)), the board 

shall be composed of officers having the grade of major or lieutenant commander or above. 

(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be 

composed of— 

(i) not less than three employees of the Department of 

Defense whose rate of annual pay is equal to or greater 

than the rate of annual pay payable for grade GS–13 of 

the General Schedule under section 5332 of title 5; and 

(ii) such members of the armed forces as the Secretary 

considers advisable. 

(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed 

forces and one or more civilians described in subparagraph 

(B)— 

(i) the board shall include at least one officer described 

in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and 

(ii) the ratio of such officers to such employees on the 

board shall be roughly proportional to the ratio of the 

number of members of the armed forces who are subjects 

of the board’s inquiry to the number of civilians who are 

subjects of the board’s inquiry. 

(2) The Secretary concerned shall designate one member of a 

board appointed under this section as president of the board. The 

president of the board shall have a security clearance that affords 

the president access to all information relating to the whereabouts 

and status of each person covered by the inquiry. 

(3) One member of each board appointed under this subsection 

shall be an individual who— 

(A) has an occupational specialty similar to that of one or 

more of the persons covered by the inquiry; and 

(B) has an understanding of and expertise in the type of 

official activities that one or more such persons were engaged 

in at the time such person or persons disappeared. 

(4) The Secretary who appoints a board under this subsection 

shall, for purposes of providing legal counsel to the board, assign 
§ 1504 CH. 76—MISSING PERSONS 840 

to the board a judge advocate, or appoint to the board an attorney, 

with the same qualifications as specified in section 1503(c)(4) of 

this title. 

(e) DUTIES OF BOARD.—A board appointed under this section to 

conduct an inquiry into the whereabouts and status of a person 

shall— 

(1) review the reports with respect to the person transmitted under section 1502(a)(2) of this title and submitted 

under section 1503(h) of this title; 

(2) collect and evaluate any document, fact, or other evidence with respect to the whereabouts and status of the person 

that has become available since the determination of the status 

of the person under section 1503 of this title; 

(3) draw conclusions as to the whereabouts and status of 

the person; 

(4) determine on the basis of the activities under paragraphs (1) and (2) whether the status of the person should be 

continued or changed; and 

(5) submit to the Secretary concerned a report describing 

the findings and conclusions of the board, together with a recommendation for a determination by the Secretary concerning 

the whereabouts and status of the person. 

(f) COUNSEL FOR MISSING PERSONS.—(1) When the Secretary 

concerned appoints a board to conduct an inquiry under this section, the Secretary shall appoint counsel to represent each person 

covered by the inquiry. The identity of counsel appointed under 

this paragraph for a missing person shall be made known to the 

missing person’s primary next of kin and any other previously designated person of the person. 

(2) A person appointed as counsel under this subsection shall 

meet the qualifications and have the duties set forth in section 

1503(f) of this title for a missing person’s counsel appointed under 

that section. 

(3) The review of the report of a board on an inquiry that is 

submitted by such counsel shall be made an official part of the 

record of the board with respect to the inquiry. 

(g) ATTENDANCE OF FAMILY MEMBERS AND CERTAIN OTHER INTERESTED PERSONS AT PROCEEDINGS.—(1) With respect to any person covered by an inquiry under this section, the primary next of 

kin, other members of the immediate family, and any other previously designated person of the person may attend the proceedings 

of the board during the inquiry. 

(2) The Secretary concerned shall take reasonable actions to 

notify each individual referred to in paragraph (1) of the opportunity to attend the proceedings of a board. Such notice shall be 

provided not less than 60 days before the first meeting of the 

board. 

(3) An individual who receives notice under paragraph (2) shall 

notify the Secretary of the intent, if any, of that individual to attend the proceedings of the board not later than 21 days after the 

date on which the individual receives the notice. 

(4) Each individual who notifies the Secretary under paragraph 

(3) of the individual’s intent to attend the proceedings of the 

board— 
841 § 1504 CH. 76—MISSING PERSONS 

(A) in the case of an individual who is the primary next 

of kin or the previously designated person, may attend the proceedings of the board with private counsel; 

(B) shall have access to the personnel file of the missing 

person, to unclassified reports, if any, of the board appointed 

under section 1503 of this title to conduct the inquiry into the 

whereabouts and status of the person, and to any other unclassified information or documents relating to the whereabouts 

and status of the person; 

(C) shall be afforded the opportunity to present information at the proceedings of the board that such individual considers to be relevant to those proceedings; and 

(D) subject to paragraph (5), shall be given the opportunity 

to submit in writing an objection to any recommendation of the 

board under subsection (i) as to the status of the missing person. 

(5)(A) Individuals who wish to file objections under paragraph 

(4)(D) to any recommendation of the board shall— 

(i) submit a letter of intent to the president of the board 

not later than 15 days after the date on which the recommendations are made; and 

(ii) submit to the president of the board the objections in 

writing not later than 30 days after the date on which the recommendations are made. 

(B) The president of a board shall include any objections to a 

recommendation of the board that are submitted to the president 

of the board under subparagraph (A) in the report of the board containing the recommendation under subsection (i). 

(6) An individual referred to in paragraph (1) who attends the 

proceedings of a board under this subsection shall not be entitled 

to reimbursement by the United States for any costs (including 

travel, lodging, meals, local transportation, legal fees, transcription 

costs, witness expenses, and other expenses) incurred by that individual in attending such proceedings. 

(h) AVAILABILITY OF INFORMATION TO BOARDS.—(1) In conducting proceedings in an inquiry under this section, a board may 

secure directly from any department or agency of the United States 

any information that the board considers necessary in order to conduct the proceedings. 

(2) Upon written request from the president of a board, the 

head of a department or agency of the United States shall release 

information covered by the request to the board. In releasing such 

information, the head of the department or agency shall— 

(A) declassify to an appropriate degree classified information; or 

(B) release the information in a manner not requiring the 

removal of markings indicating the classified nature of the information. 

(3)(A) If a request for information under paragraph (2) covers 

classified information that cannot be declassified, or if the classification markings cannot be removed before release from the information covered by the request, or if the material cannot be summarized in a manner that prevents the release of classified information, the classified information shall be made available only to the 
§ 1504 CH. 76—MISSING PERSONS 842 

president of the board making the request and the counsel for the 

missing person appointed under subsection (f). 

(B) The president of a board shall close to persons who do not 

have appropriate security clearances the proceeding of the board at 

which classified information is discussed. Participants at a proceeding of a board at which classified information is discussed shall 

comply with all applicable laws and regulations relating to the disclosure of classified information. The Secretary concerned shall assist the president of a board in ensuring that classified information 

is not compromised through board proceedings. 

(i) RECOMMENDATION ON STATUS.—(1) Upon completion of an 

inquiry under this section, a board shall make a recommendation 

as to the current whereabouts and status of each missing person 

covered by the inquiry. 

(2) A board may not recommend under paragraph (1) that a 

person be declared dead unless in making the recommendation the 

board complies with section 1507 of this title. 

(j) REPORT.—A board appointed under this section shall submit 

to the Secretary concerned a report on the inquiry carried out by 

the board, together with the evidence considered by the board during the inquiry. The report may include a classified annex. 

(k) ACTIONS BY SECRETARY CONCERNED.—(1) Not later than 30 

days after the receipt of a report from a board under subsection (j), 

the Secretary shall review— 

(A) the report; 

(B) the review of the report submitted to the Secretary 

under subsection (f)(3) by the counsel for each person covered 

by the report; and 

(C) the objections, if any, to the report submitted to the 

president of the board under subsection (g)(5). 

(2) In reviewing a report under paragraph (1) (including the 

objections described in subparagraph (C) of that paragraph), the 

Secretary concerned shall determine whether or not the report is 

complete and free of administrative error. If the Secretary determines that the report is incomplete, or that the report is not free 

of administrative error, the Secretary may return the report to the 

board for further action on the report by the board. 

(3) Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative 

error, the Secretary shall make a determination concerning the status of each person covered by the report. 

(l) REPORT TO FAMILY MEMBERS AND OTHER INTERESTED PERSONS.—Not later than 60 days after the date on which the Secretary concerned makes a determination with respect to a missing 

person under subsection (k), the Secretary shall— 

(1) provide the report reviewed by the Secretary in making 

the determination to the primary next of kin, the other members of the immediate family, and any other previously designated person of the person; and 

(2) in the case of a person who continues to be in a missing 

status, inform each individual referred to in paragraph (1) that 

the United States will conduct a further investigation into the 

whereabouts and status of the person as specified in section 

1505 of this title. 
843 § 1506 CH. 76—MISSING PERSONS 

(m) TREATMENT OF DETERMINATION.—Any determination of the 

status of a missing person under subsection (k) shall supersede the 

determination of the status of the person under section 1503 of this 

title and shall be treated as the determination of the status of the 

person by all departments and agencies of the United States. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 341; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(a)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, 

div. A, title V, Sec. 599(a)(3), (d)(1), title X, Sec. 1073(a)(30), Nov. 18, 1997, 111 Stat. 1767, 1769, 

1902.) 

§ 1505. Further review 

(a) SUBSEQUENT REVIEW.—The Secretary concerned shall conduct subsequent inquiries into the whereabouts and status of any 

person determined by the Secretary under section 1504 of this title 

to be in a missing status. 

(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The Secretary concerned shall conduct inquiries into the whereabouts and status of 

a person under subsection (a) upon receipt of information that may 

result in a change of status of the person. The Secretary concerned 

shall appoint a board to conduct such inquiries. 

(c) ACTION UPON DISCOVERY OR RECEIPT OF INFORMATION.—(1) 

Whenever any United States intelligence agency or other element 

of the Government finds or receives information that may be related to a missing person, the information shall promptly be forwarded to the office established under section 1501 of this title. 

(2) Upon receipt of information under paragraph (1), the head 

of the office established under section 1501 of this title shall as expeditiously as possible ensure that the information is added to the 

appropriate case file for that missing person and notify (A) the designated missing person’s counsel for that person, and (B) the primary next of kin and any previously designated person for the 

missing person of the existence of that information. 

(3) The head of the office established under section 1501 of this 

title, with the advice of the missing person’s counsel notified under 

paragraph (2), shall determine whether the information is significant enough to require a board review under this section. 

(d) CONDUCT OF PROCEEDINGS.—If it is determined that such 

a board should be appointed, the appointment of, and activities before, a board appointed under this section shall be governed by the 

provisions of section 1504 of this title with respect to a board appointed under that section. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 345; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(c), Sept. 23, 1996, 110 Stat. 2536.) 

§ 1506. Personnel files 

(a) INFORMATION IN FILES.—Except as provided in subsections 

(b), (c), and (d), the Secretary concerned shall, to the maximum extent practicable, ensure that the personnel file of a missing person 

contains all information in the possession of the United States relating to the disappearance and whereabouts and status of the person. 

(b) CLASSIFIED INFORMATION.—(1) The Secretary concerned 

may withhold classified information from a personnel file under 

this section. If the Secretary concerned withholds classified infor-
§ 1506 CH. 76—MISSING PERSONS 844 

mation from a personnel file, the Secretary shall ensure that the 

file contains the following: 

(A) A notice that the withheld information exists. 

(B) A notice of the date of the most recent review of the 

classification of the withheld information. 

(2)(A) If classified information withheld under this subsection 

refers to one or more unnamed missing persons, the Secretary shall 

ensure that notice of that withheld information, and notice of the 

date of the most recent review of the classification of that withheld 

information, is made reasonably accessible to the primary next of 

kin, members of the immediate family, and the previously designated person of all missing persons from the conflict or period of 

war to which the classified information pertains. 

(B) For purposes of subparagraph (A), information shall be considered to be made reasonably accessible if placed in a separate 

and distinct file that is available for review by persons specified in 

subparagraph (A) upon the request of any such person either to review the separate file or to review the personnel file of the missing 

person concerned. 

(c) PROTECTION OF PRIVACY.—The Secretary concerned shall 

maintain personnel files under this section, and shall permit disclosure of or access to such files, in accordance with the provisions of 

section 552a of title 5 and with other applicable laws and regulations pertaining to the privacy of the persons covered by the files. 

(d) PRIVILEGED INFORMATION.—(1) The Secretary concerned 

shall withhold from personnel files under this section, as privileged 

information, debriefing reports provided by missing persons returned to United States control which are obtained under a promise of confidentiality made for the purpose of ensuring the fullest 

possible disclosure of information. 

(2) If a debriefing report contains non-derogatory information 

about the status and whereabouts of a missing person other than 

the source of the debriefing report or about unnamed missing persons, the Secretary concerned shall prepare an extract of the nonderogatory information. That extract, following a review by the 

source of the debriefing report, shall be placed in the personnel file 

of each missing person named in the debriefing report in such a 

manner as to protect the identity of the source providing the information. Any information contained in the extract of the debriefing 

report that pertains to unnamed missing persons shall be made 

reasonably accessible to the primary next of kin, members of the 

immediate family, and the previously designated person. 

(3) Whenever the Secretary concerned withholds a debriefing 

report, or part of a debriefing report, from a personnel file under 

this subsection, the Secretary shall ensure that the file contains a 

notice that withheld information exists. 

(e) AVAILABILITY OF INFORMATION.—The Secretary concerned 

shall, upon request, make available the contents of the personnel 

file of a missing person to the primary next of kin, the other members of the immediate family, or any other previously designated 

person of the person. 

(f) NONDISCLOSURE OF CERTAIN INFORMATION.—A record of the 

content of a debriefing of a missing person returned to United 

States control during the period beginning on July 8, 1959, and 
845 § 1507 CH. 76—MISSING PERSONS 

ending on February 10, 1996, that was conducted by an official of 

the United States authorized to conduct the debriefing is privileged 

information and, notwithstanding sections 552 and 552a of title 5, 

may not be disclosed, in whole or in part, under either such section. 

However, this subsection does not limit the responsibility of the 

Secretary concerned under paragraphs (2) and (3) of subsection (d) 

to place extracts of non-derogatory information, or a notice of the 

existence of such information, in the personnel file of a missing 

person. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 346; Pub. L. 

104–201, div. A, title V, Sec. 578(d), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title 

V, Sec. 599(f), (g), Nov. 18, 1997, 111 Stat. 1770; Pub. L. 106–65, div. A, title V, Sec. 575, Oct. 

5, 1999, 113 Stat. 624; Pub. L. 107–107, div. A, title V, Sec. 573, Dec. 28, 2001, 115 Stat. 1122.) 

§ 1507. Recommendation of status of death 

(a) REQUIREMENTS RELATING TO RECOMMENDATION.—A board 

appointed under section 1503, 1504, or 1505 of this title may not 

recommend that a person be declared dead unless— 

(1) credible evidence exists to suggest that the person is 

dead; 

(2) the United States possesses no credible evidence that 

suggests that the person is alive; and 

(3) representatives of the United States— 

(A) have made a complete search of the area where 

the person was last seen (unless, after making a good faith 

effort to obtain access to such area, such representatives 

are not granted such access); and 

(B) have examined the records of the government or 

entity having control over the area where the person was 

last seen (unless, after making a good faith effort to obtain 

access to such records, such representatives are not granted such access). 

(b) SUBMITTAL OF INFORMATION ON DEATH.—If a board appointed under section 1503, 1504, or 1505 of this title makes a recommendation that a missing person be declared dead, the board 

shall include in the report of the board with respect to the person 

under that section the following: 

(1) A detailed description of the location where the death 

occurred. 

(2) A statement of the date on which the death occurred. 

(3) A description of the location of the body, if recovered. 

(4) If the body has been recovered and is not identifiable 

through visual means, a certification by a forensic pathologist 

that the body recovered is that of the missing person. In determining whether to make such a certification, the forensic pathologist shall consider, as determined necessary by the Secretary of the military department concerned, additional evidence and information provided by appropriate specialists in 

forensic medicine or other appropriate medical sciences. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 347; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(e), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, 

div. A, title V, Sec. 599(c), Nov. 18, 1997, 111 Stat. 1768.) 
§ 1508 CH. 76—MISSING PERSONS 846 

§ 1508. Judicial review 

(a) RIGHT OF REVIEW.—A person who is the primary next of 

kin (or the previously designated person) of a person who is the 

subject of a finding described in subsection (b) may obtain judicial 

review in a United States district court of that finding, but only on 

the basis of a claim that there is information that could affect the 

status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. 

Any such review shall be as provided in section 706 of title 5. 

(b) FINDINGS FOR WHICH JUDICIAL REVIEW MAY BE SOUGHT.— 

Subsection (a) applies to the following findings: 

(1) A finding by a board appointed under section 1504 or 

1505 of this title that a missing person is dead. 

(2) A finding by a board appointed under section 1509 of 

this title that confirms that a missing person formerly declared 

dead is in fact dead. 

(c) SUBSEQUENT REVIEW.—Appeals from a decision of the district court shall be taken to the appropriate United States court of 

appeals and to the Supreme Court as provided by law. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 348.) 

§ 1509. Program to resolve preenactment missing person 

cases 

(a) PROGRAM REQUIRED; COVERED CONFLICTS.—The Secretary 

of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of section 1513(1) of this title 

who are unaccounted for from the following conflicts: 

(1) World War II during the period beginning on December 

7, 1941, and ending on December 31, 1946, including members 

of the armed forces who were lost during flight operations in 

the Pacific theater of operations covered by section 576 of the 

National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1501 note). 

(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991. 

(3) The Korean War during the period beginning on June 

27, 1950, and ending on January 31, 1955. 

(4) The Indochina War era during the period beginning on 

July 8, 1959, and ending on May 15, 1975. 

(5) The Persian Gulf War during the period beginning on 

August 2, 1990, and ending on February 28, 1991. 

(6) Such other conflicts in which members of the armed 

forces served as the Secretary of Defense may designate. 

(b) IMPLEMENTATION PROCESS.—(1) The Secretary of Defense 

shall implement the program within the Department of Defense 

POW/MIA accounting community. 

(2) For purposes of paragraph (1), the term ‘‘POW/MIA accounting community’’ means: 

(A) The Defense Prisoner of War/Missing Personnel Office 

(DPMO). 

(B) The Joint POW/MIA Accounting Command (JPAC). 
847 § 1509 CH. 76—MISSING PERSONS 

(C) The Armed Forces DNA Identification Laboratory 

(AFDIL). 

(D) The Life Sciences Equipment Laboratory of the Air 

Force (LSEL). 

(E) The casualty and mortuary affairs offices of the military departments. 

(F) Any other element of the Department of Defense whose 

mission (as designated by the Secretary of Defense) involves 

the accounting for and recovery of members of the armed forces 

who are missing in action, prisoners of war, or unaccounted 

for. 

(c) TREATMENT AS MISSING PERSONS.—Each unaccounted for 

person covered by subsection (a) shall be considered to be a missing 

person for purposes of the applicability of other provisions of this 

chapter to the person. 

(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) The Secretary of 

Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Secretary— 

(A) possesses any information relevant to the status of the 

person; or 

(B) receives any new information regarding the missing 

person as provided in subsection (e). 

(2) The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, 

and the armed forces involved in the effort to account for the person. 

(3) Each file established under this subsection shall be handled 

in accordance with, and subject to the provisions of, section 1506 

of this title in the same manner as applies to the file of a missing 

person otherwise subject to such section. 

(e) REVIEW OF STATUS REQUIREMENTS.—(1) If new information 

(as described in paragraph (3)) is found or received that may be related to one or more unaccounted for persons covered by subsection 

(a), whether or not such information specifically relates (or may 

specifically relate) to any particular such unaccounted for person, 

that information shall be provided to the Secretary of Defense. 

(2) Upon receipt of new information under paragraph (1), the 

Secretary shall ensure that— 

(A) the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition of 

the information to the personnel file of a person and notification requirements, in the same manner as information received 

under paragraph (1) under such subsection; and 

(B) the information is treated under paragraph (3) of subsection (c) and subsection (d) of such section, relating to a 

board review under such section, in the same manner as information received under paragraph (1) of such subsection (c). 

(3) For purposes of this subsection, new information is information that is credible and that— 

(A) is found or received after November 18, 1997, by a 

United States intelligence agency, by a Department of Defense 
§ 1510 CH. 76—MISSING PERSONS 848 

agency, or by a person specified in section 1504(g) of this title; 

or 

(B) is identified after November 18, 1997, in records of the 

United States as information that could be relevant to the case 

of one or more unaccounted for persons covered by subsection 

(a). 

(f) COORDINATION REQUIREMENTS.—(1) In establishing and carrying out the program, the Secretary of Defense shall coordinate 

with the Secretaries of the military departments, the Chairman of 

the Joint Chiefs of Staff, and the commanders of the combatant 

commands. 

(2) In carrying out the program, the Secretary of Defense shall 

establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council to enhance the ability of the Department of Defense POW/MIA accounting community to account for persons covered by subsection (a). 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 348; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(f)(1), (2)(A), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 

105–85, div. A, title V, Sec. 599(e), Nov. 18, 1997, 111 Stat. 1769; Pub. L. 106–65, div. A, title 

X, Sec. 1066(a)(14), Oct. 5, 1999, 113 Stat. 771; Pub. L. 111–84, div. A, title V, Sec. 541(a), Oct. 

28, 2009, 123 Stat. 2296.) 

§ 1510. Applicability to Coast Guard 

(a) DESIGNATED OFFICER TO HAVE RESPONSIBILITY.—the Secretary of Homeland Security shall designate an officer of the Department of Homeland Security to have responsibility within the 

Department of Homeland Security for matters relating to missing 

persons who are members of the Coast Guard. 

(b) PROCEDURES.—The Secretary of Homeland Security shall 

prescribe procedures for the determination of the status of persons 

described in section 1501(c) of this title who are members of the 

Coast Guard and for the collection, analysis, review, and update of 

information on such persons. To the maximum extent practicable, 

the procedures prescribed under this section shall be similar to the 

procedures prescribed by the Secretary of Defense under section 

1501(b) of this title. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended 

Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

§ 1511. Return alive of person declared missing or dead 

(a) PAY AND ALLOWANCES.—Any person (except for a person 

subsequently determined to have been absent without leave or a 

deserter) in a missing status or declared dead under subchapter 

VII of chapter 55 of title 5 or chapter 10 of title 37 or by a board 

appointed under this chapter who is found alive and returned to 

the control of the United States shall be paid for the full time of 

the absence of the person while given that status or declared dead 

under the law and regulations relating to the pay and allowances 

of persons returning from a missing status. 

(b) EFFECT ON GRATUITIES PAID AS A RESULT OF STATUS.—Subsection (a) shall not be interpreted to invalidate or otherwise affect 

the receipt by any person of a death gratuity or other payment 

from the United States on behalf of a person referred to in subsection (a) before February 10, 1996. 
849 § 1513 CH. 76—MISSING PERSONS 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended 

Pub. L. 107–107, div. A, title X, Sec. 1048(c)(10), Dec. 28, 2001, 115 Stat. 1226.) 

§ 1512. Effect on State law 

(a) NONPREEMPTION OF STATE AUTHORITY.—Nothing in this 

chapter shall be construed to invalidate or limit the power of any 

State court or administrative entity, or the power of any court or 

administrative entity of any political subdivision thereof, to find or 

declare a person dead for purposes of such State or political subdivision. 

(b) STATE DEFINED.—In this section, the term ‘‘State’’ includes 

the District of Columbia, the Commonwealth of Puerto Rico, and 

any territory or possession of the United States. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 349.) 

§ 1513. Definitions 

In this chapter: 

(1) The term ‘‘missing person’’ means— 

(A) a member of the armed forces on active duty who 

is in a missing status; or 

(B) a civilian employee of the Department of Defense 

or an employee of a contractor of the Department of Defense who serves in direct support of, or accompanies, the 

armed forces in the field under orders and who is in a 

missing status. 

Such term includes an unaccounted for person described in 

subsection (a) of section 1509 of this title who is required by 

subsection (b) of such section to be considered a missing person. 

(2) The term ‘‘missing status’’ means the status of a missing person who is determined to be absent in a category of any 

of the following: 

(A) Missing. 

(B) Missing in action. 

(C) Interned in a foreign country. 

(D) Captured. 

(E) Beleaguered. 

(F) Besieged. 

(G) Detained in a foreign country against that person’s 

will. 

(3) The term ‘‘accounted for’’, with respect to a person in 

a missing status, means that— 

(A) the person is returned to United States control 

alive; 

(B) the remains of the person are recovered and, if not 

identifiable through visual means as those of the missing 

person, are identified as those of the missing person by a 

practitioner of an appropriate forensic science; or 

(C) credible evidence exists to support another determination of the person’s status. 

(4) The term ‘‘primary next of kin’’, in the case of a missing 

person, means the individual authorized to direct disposition of 

the remains of the person under section 1482(c) of this title. 
§ 1513 CH. 76—MISSING PERSONS 850 

(5) The term ‘‘member of the immediate family’’, in the 

case of a missing person, means the following: 

(A) The spouse of the person. 

(B) A natural child, adopted child, stepchild, or illegitimate child (if acknowledged by the person or parenthood 

has been established by a court of competent jurisdiction) 

of the person, except that if such child has not attained the 

age of 18 years, the term means a surviving parent or 

legal guardian of such child. 

(C) A biological parent of the person, unless legal custody of the person by the parent has been previously terminated by reason of a court decree or otherwise under 

law and not restored. 

(D) A brother or sister of the person, if such brother 

or sister has attained the age of 18 years. 

(E) Any other blood relative or adoptive relative of the 

person, if such relative was given sole legal custody of the 

person by a court decree or otherwise under law before the 

person attained the age of 18 years and such custody was 

not subsequently terminated before that time. 

(6) The term ‘‘previously designated person’’, in the case of 

a missing person, means an individual designated by the person under section 655 of this title for purposes of this chapter. 

(7) The term ‘‘classified information’’ means any information the unauthorized disclosure of which (as determined under 

applicable law and regulations) could reasonably be expected to 

damage the national security. 

(8) The term ‘‘theater component commander’’ means, with 

respect to any of the combatant commands, an officer of any 

of the armed forces who (A) is commander of all forces of that 

armed force assigned to that combatant command, and (B) is 

directly subordinate to the commander of the combatant command. 

(Added Pub. L. 104–106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 110 Stat. 350; amended 

Pub. L. 104–201, div. A, title V, Sec. 578(a)(4), (b)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 

105–85, div. A, title V, Sec. 599(a)(4), (b)(2), Nov. 18, 1997, 111 Stat. 1768; Pub. L. 106–65, div. 

A, title X, Sec. 1066(a)(15), Oct. 5, 1999, 113 Stat. 771; Pub. L. 111–84, div. A, title V, Sec. 

541(c), Oct. 28, 2009, 123 Stat. 2298.) 
851 

CHAPTER 77—POSTHUMOUS COMMISSIONS AND 

WARRANTS 

Sec. 

1521. Posthumous commissions. 

1522. Posthumous warrants. 

1523. Posthumous commissions and warrants: effect on pay and allowances. 

1524. Posthumous commissions and warrants: determination of date of death. 

§ 1521. Posthumous commissions 

(a) The President may issue, or have issued, an appropriate 

commission in the name of a member of the armed forces who, 

after September 8, 1939— 

(1) was appointed to a commissioned grade but was unable 

to accept the appointment because of death; 

(2) successfully completed the course at an officers’ training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of 

the school but was unable to accept the appointment because 

of death; or 

(3) was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the 

promotion or appointment because of death. 

(b) A commission issued under subsection (a) shall issue as of 

the date of the appointment, recommendation, or official recommendation, as the case may be, and the member’s name shall 

be carried on the records of the military or executive department 

concerned as if he had served in the grade, and branch if any, in 

which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of 

his death. 

(c) A commission issued under subsection (a) in connection 

with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned 

that, at the time of death of the member, the member was qualified 

for appointment to that higher grade. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 505], 

Oct. 30, 2000, 114 Stat. 1654, 1654A–102; Pub. L. 110–417, [div. A], title V, Sec. 502(a), Oct. 

14, 2008, 122 Stat. 4433.) 

§ 1522. Posthumous warrants 

(a) The Secretary concerned may issue, or have issued, an appropriate warrant in the name of a member of the armed forces 

who, after September 8, 1939, was officially recommended for appointment or promotion to a grade other than a commissioned 

grade but was unable to accept the appointment or promotion because of death. 

(b) A warrant issued under subsection (a) shall issue as of the 

date of the recommendation, and the member’s name shall be car-
§ 1523 CH. 77—POSTHUMOUS COMMISSIONS & WARRANTS 852 

ried on the records of the military or executive department concerned as if he had served in the grade to which posthumously appointed or promoted from the date of the recommendation to the 

date of his death. 

(c) A warrant issued under subsection (a) in connection with 

the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of 

death of the member, the member was qualified for appointment to 

that higher grade. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 110–417, [div. A], title V, Sec. 502(b), Oct. 14, 

2008, 122 Stat. 4433.) 

§ 1523. Posthumous commissions and warrants: effect on 

pay and allowances 

No person is entitled to any bonus, gratuity, pay, or allowance 

because of a posthumous commission or warrant. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.) 

§ 1524. Posthumous commissions and warrants: determination of date of death 

For the purposes of sections 1521 and 1522 of this title, in any 

case where the date of death is established or determined under 

section 551–558 of title 37, the date of death is the date the Secretary concerned receives evidence that the person is dead, or the 

date the finding of death is made under section 555 of title 37. 

(Added Pub. L. 89–718, Sec. 12(a)(1), Nov. 2, 1966, 80 Stat. 1117.) 
853 

CHAPTER 79—CORRECTION OF MILITARY RECORDS 

Sec. 

1551. Correction of name after separation from service under an assumed name. 

1552. Correction of military records: claims incident thereto. 

1553. Review of discharge or dismissal. 

1554. Review of retirement or separation without pay for physical disability. 

1554a. Review of separation with disability rating of 20 percent disabled or less. 

1555. Professional staff. 

1556. Ex parte communications prohibited. 

1557. Timeliness standards for disposition of applications before Corrections 

Boards. 

1558. Review of actions of selection boards: correction of military records by special boards; judicial review. 

1559. Personnel limitation. 

§ 1551. Correction of name after separation from service 

under an assumed name 

The Secretary of the military department concerned shall issue 

a certificate of discharge or an order of acceptance of resignation 

in the true name of any person who was separated from the Army, 

Navy, Air Force, or Marine Corps honorably or under honorable 

conditions after serving under an assumed name during a war with 

another nation or people, upon application by, or on behalf of, that 

person, and upon proof of his identity. However, a certificate or 

order may not be issued under this section if the name was assumed to conceal a crime or to avoid its consequences. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.) 

§ 1552. Correction of military records: claims incident thereto 

(a)(1) The Secretary of a military department may correct any 

military record of the Secretary’s department when the Secretary 

considers it necessary to correct an error or remove an injustice. 

Except as provided in paragraph (2), such corrections shall be made 

by the Secretary acting through boards of civilians of the executive 

part of that military department. The Secretary of Homeland Security may in the same manner correct any military record of the 

Coast Guard. 

(2) The Secretary concerned is not required to act through a 

board in the case of the correction of a military record announcing 

a decision that a person is not eligible to enlist (or reenlist) or is 

not accepted for enlistment (or reenlistment) or announcing the 

promotion and appointment of an enlisted member to an initial or 

higher grade or the decision not to promote an enlisted member to 

a higher grade. Such a correction may be made only if the correction is favorable to the person concerned. 

(3) Corrections under this section shall be made under procedures established by the Secretary concerned. In the case of the 
§ 1552 CH. 79—CORRECTION OF MILITARY RECORDS 854 

Secretary of a military department, those procedures must be approved by the Secretary of Defense. 

(4) Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States. 

(b) No correction may be made under subsection (a)(1) unless 

the claimant or his heir or legal representative files a request for 

the correction within three years after he discovers the error or injustice. However, a board established under subsection (a)(1) may 

excuse a failure to file within three years after discovery if it finds 

it to be in the interest of justice. 

(c)(1) The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record 

under this section, the amount is found to be due the claimant on 

account of his or another’s service in the Army, Navy, Air Force, 

Marine Corps, or Coast Guard, as the case may be, or on account 

of his or another’s service as a civilian employee. 

(2) If the claimant is dead, the money shall be paid, upon demand, to his legal representative. However, if no demand for payment is made by a legal representative, the money shall be paid— 

(A) to the surviving spouse, heir, or beneficiaries, in the 

order prescribed by the law applicable to that kind of payment; 

(B) if there is no such law covering order of payment, in 

the order set forth in section 2771 of this title; or 

(C) as otherwise prescribed by the law applicable to that 

kind of payment. 

(3) A claimant’s acceptance of a settlement under this section 

fully satisfies the claim concerned. This section does not authorize 

the payment of any claim compensated by private law before October 25, 1951. 

(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of 

a claim under this subsection in connection with the correction of 

the records shall include interest at a rate to be determined by the 

Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the 

payment of the claim is to include interest, the interest shall be 

calculated on an annual basis, and compounded, using the amount 

of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture 

paid, beginning from the date of the conviction through the date on 

which the payment is made. 

(d) Applicable current appropriations are available to continue 

the pay, allowances, compensation, emoluments, and other pecuniary benefits of any person who was paid under subsection (c), 

and who, because of the correction of his military record, is entitled 

to those benefits, but for not longer than one year after the date 

when his record is corrected under this section if he is not reenlisted in, or appointed or reappointed to, the grade to which those 

payments relate. Without regard to qualifications for reenlistment, 

or appointment or reappointment, the Secretary concerned may reenlist a person in, or appoint or reappoint him to, the grade to 

which payments under this section relate. 
855 § 1553 CH. 79—CORRECTION OF MILITARY RECORDS 

(e) No payment may be made under this section for a benefit 

to which the claimant might later become entitled under the laws 

and regulations administered by the Secretary of Veterans Affairs. 

(f) With respect to records of courts-martial and related administrative records pertaining to court-martial cases tried or reviewed 

under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under 

subsection (a) may extend only to— 

(1) correction of a record to reflect actions taken by reviewing authorities under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)); or 

(2) action on the sentence of a court-martial for purposes 

of clemency. 

(g) In this section, the term ‘‘military record’’ means a document or other record that pertains to (1) an individual member or 

former member of the armed forces, or (2) at the discretion of the 

Secretary of the military department concerned, any other military 

matter affecting a member or former member of the armed forces, 

an employee or former employee of that military department, or a 

dependent or current or former spouse of any such person. Such 

term does not include records pertaining to civilian employment 

matters (such as matters covered by title 5 and chapters 81, 83, 87, 

108, 373, 605, 607, 643, and 873 of this title). 

(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 86–533, Sec. 1(4), June 29, 1960, 74 Stat. 246; 

Pub. L. 96–513, title V, Sec. 511(60), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 98–209, Sec. 11(a), 

Dec. 6, 1983, 97 Stat. 1407; Pub. L. 100–456, div. A, title XII, Sec. 1233(a), Sept. 29, 1988, 102 

Stat. 2057; Pub. L. 101–189, div. A, title V, Sec. 514, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 

103 Stat. 1441, 1603; Pub. L. 102–484, div. A, title X, Sec. 1052(19), Oct. 23, 1992, 106 Stat. 

2500; Pub. L. 105–261, div. A, title V, Sec. 545(a), (b), Oct. 17, 1998, 112 Stat. 2022; Pub. L. 

107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 110–417, [div. A], 

title V, Sec. 592(a), (b), Oct. 14, 2008, 122 Stat. 4474, 4475.) 

§ 1553. Review of discharge or dismissal 

(a) The Secretary concerned shall, after consulting the Secretary of Veterans Affairs, establish a board of review, consisting 

of five members, to review the discharge or dismissal (other than 

a discharge or dismissal by sentence of a general court-martial) of 

any former member of an armed force under the jurisdiction of his 

department upon its own motion or upon the request of the former 

member or, if he is dead, his surviving spouse, next of kin, or legal 

representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal. With respect to a discharge or dismissal adjudged by a court-martial case 

tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change 

in the discharge or dismissal or issuance of a new discharge for 

purposes of clemency. 

(b) A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, 

or issue a new discharge, to reflect its findings. 

(c) A review by a board established under this section shall be 

based on the records of the armed forces concerned and such other 

evidence as may be presented to the board. A witness may present 

evidence to the board in person or by affidavit. A person who re-
§ 1554 CH. 79—CORRECTION OF MILITARY RECORDS 856 

quests a review under this section may appear before the board in 

person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 

59 of title 38. 

(d)(1) In the case of a former member of the armed forces who, 

while serving on active duty as a member of the armed forces, was 

deployed in support of a contingency operation and who, at any 

time after such deployment, was diagnosed by a physician, clinical 

psychologist, or psychiatrist as experiencing post-traumatic stress 

disorder or traumatic brain injury as a consequence of that deployment, a board established under this section to review the former 

member’s discharge or dismissal shall include a member who is a 

physician, clinical psychologist, or psychiatrist. 

(2) In the case of a former member described in paragraph (1) 

or a former member whose application for relief is based in whole 

or in part on matters relating to post-traumatic stress disorder or 

traumatic brain injury as supporting rationale or as justification 

for priority consideration, the Secretary concerned shall expedite a 

final decision and shall accord such cases sufficient priority to 

achieve an expedited resolution. In determining the priority of 

cases, the Secretary concerned shall weigh the medical and humanitarian circumstances of all cases and accord higher priority to 

cases not involving post-traumatic stress disorder or traumatic 

brain injury only when the individual cases are considered more 

compelling. 

(Added Pub. L. 85–857, Sec. 13(v)(2), Sept. 2, 1958, 72 Stat. 1266; amended Pub. L. 87–651, 

title I, Sec. 110(a), Sept. 7, 1962, 76 Stat. 509; Pub. L. 98–209, Sec. 11(b), Dec. 6, 1983, 97 Stat. 

1407; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. 

L. 111–84, div. A, title V, Sec. 512(b), Oct. 28, 2009, 123 Stat. 2281.) 

§ 1554. Review of retirement or separation without pay for 

physical disability 

(a) The Secretary concerned shall from time to time establish 

boards of review, each consisting of five commissioned officers, two 

of whom shall be selected from officers of the Army Medical Corps, 

officers of the Navy Medical Corps, Air Force officers designated as 

medical officers, or officers of the Public Health Service, as the case 

may be, to review, upon the request of a member or former member 

of the uniformed services retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in the 

member’s case. A request for review must be made within 15 years 

after the date of the retirement or separation. 

(b) A board established under this section has the same powers 

as the board whose findings and decision are being reviewed. The 

findings of the board shall be sent to the Secretary concerned, who 

shall submit them to the President for approval. 

(c) A review by a board established under this section shall be 

based upon the records of the armed forces concerned and such 

other evidence as may be presented to the board. A witness may 

present evidence to the board in person or by affidavit. A person 

who requests a review under this section may appear before the 

board in person or by counsel or an accredited representative of an 

organization recognized by the Secretary of Veterans Affairs under 

chapter 59 of title 38. 
857 § 1554a CH. 79—CORRECTION OF MILITARY RECORDS 

(Added Pub. L. 85–857, Sec. 13(v)(2), Sept. 2, 1958, 72 Stat. 1267; amended Pub. L. 87–651, 

title I, Sec. 110(a), Sept. 7, 1962, 76 Stat. 510; Pub. L. 101–189, div. A, title XVI, Sec. 1621(a)(2), 

Nov. 29, 1989, 103 Stat. 1603; Pub. L. 111–383, div. A, title V, Sec. 533(a), Jan. 7, 2011, 124 

Stat. 4216.) 

§ 1554a. Review of separation with disability rating of 20 

percent disabled or less 

(a) IN GENERAL.—(1) The Secretary of Defense shall establish 

within the Office of the Secretary of Defense a board of review to 

review the disability determinations of covered individuals by 

Physical Evaluation Boards. The board shall be known as the 

‘‘Physical Disability Board of Review’’. 

(2) The Physical Disability Board of Review shall consist of not 

less than three members appointed by the Secretary. 

(b) COVERED INDIVIDUALS.—For purposes of this section, covered individuals are members and former members of the armed 

forces who, during the period beginning on September 11, 2001, 

and ending on December 31, 2009— 

(1) are separated from the armed forces due to unfitness 

for duty due to a medical condition with a disability rating of 

20 percent disabled or less; and 

(2) are found to be not eligible for retirement. 

(c) REVIEW.—(1) Upon the request of a covered individual, or 

a surviving spouse, next of kin, or legal representative of a covered 

individual, the Physical Disability Board of Review shall review the 

findings and decisions of the Physical Evaluation Board with respect to such covered individual. Subject to paragraph (3), upon its 

own motion, the Physical Disability Board of Review may review 

the findings and decisions of the Physical Evaluation Board with 

respect to a covered individual. 

(2) The review by the Physical Disability Board of Review 

under paragraph (1) shall be based on the records of the armed 

force concerned and such other evidence as may be presented to the 

Physical Disability Board of Review. A witness may present evidence to the Board by affidavit or by any other means considered 

acceptable by the Secretary of Defense. 

(3) If the Physical Disability Board of Review proposes to review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual, the 

Physical Disability Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative 

of the covered individual, of the proposed review and obtain the 

consent of the covered individual or a surviving spouse, next of kin, 

or legal representative of the covered individual before proceeding 

with the review. 

(4) With respect to any review by the Physical Disability Board 

of Review of the findings and decisions of the Physical Evaluation 

Board with respect to a covered individual, whether initiated at the 

request of the covered individual or a surviving spouse, next of kin, 

or legal representative of the covered individual or initiated by the 

Physical Disability Board of Review, the Physical Disability Board 

of Review shall notify the covered individual or a surviving spouse, 

next of kin, or legal representative of the covered individual that, 

as a result of the request or consent, the covered individual or a 

surviving spouse, next of kin, or legal representative of the covered 
§ 1555 CH. 79—CORRECTION OF MILITARY RECORDS 858 

individual may not seek relief from the Board for Correction of 

Military Records operated by the Secretary concerned. 

(d) AUTHORIZED RECOMMENDATIONS.—The Physical Disability 

Board of Review may, as a result of its findings under a review 

under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual: 

(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual. 

(2) The recharacterization of the separation of such individual to retirement for disability. 

(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction 

of the disability rating previously assigned such individual by 

that Physical Evaluation Board. 

(4) The issuance of a new disability rating for such individual. 

(e) CORRECTION OF MILITARY RECORDS.—(1) The Secretary concerned may correct the military records of a covered individual in 

accordance with a recommendation made by the Physical Disability 

Board of Review under subsection (d). Any such correction may be 

made effective as of the effective date of the action taken on the 

report of the Physical Evaluation Board to which such recommendation relates. 

(2) In the case of a member previously separated pursuant to 

the findings and decision of a Physical Evaluation Board together 

with a lump-sum or other payment of back pay and allowances at 

separation, the amount of pay or other monetary benefits to which 

such member would be entitled based on the member’s military 

record as corrected shall be reduced to take into account receipt of 

such lump-sum or other payment in such manner as the Secretary 

of Defense considers appropriate. 

(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation 

Board to which such recommendation relates shall be treated as 

final as of the date of such action. 

(f) REGULATIONS.—(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. 

(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. 

(3) The regulations under paragraph (1) shall specify the effect 

of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military 

records under section 1552 of this title. 

(Added Pub. L. 110–181, div. A, title XVI, Sec. 1643(a)(1), Jan. 28, 2008, 122 Stat. 466.) 

§ 1555. Professional staff 

(a) The Secretary of each military department shall assign to 

the staff of the service review agency of that military department 

at least one attorney and at least one physician. Such assignments 
859 § 1557 CH. 79—CORRECTION OF MILITARY RECORDS 

shall be made on a permanent, full-time basis and may be made 

from members of the armed forces or civilian employees. 

(b) Personnel assigned pursuant to subsection (a)— 

(1) shall work under the supervision of the director or executive director (as the case may be) of the service review 

agency; and 

(2) shall be assigned duties as advisers to the director or 

executive director or other staff members on legal and medical 

matters, respectively, that are being considered by the agency. 

(c) In this section, the term ‘‘service review agency’’ means— 

(1) with respect to the Department of the Army, the Army 

Review Boards Agency; 

(2) with respect to the Department of the Navy, the Navy 

Council of Personnel Boards and the Board for Correction of 

Naval Records; and 

(3) with respect to the Department of the Air Force, the 

Air Force Review Boards Agency. 

(Added Pub. L. 105–261, div. A, title V, Sec. 542(a)(1), Oct. 17, 1998, 112 Stat. 2020; amended 

Pub. L. 106–65, div. A, title V, Sec. 582, Oct. 5, 1999, 113 Stat. 634.) 

§ 1556. Ex parte communications prohibited 

(a) IN GENERAL.—The Secretary of each military department 

shall ensure that an applicant seeking corrective action by the 

Army Review Boards Agency, the Air Force Review Boards Agency, 

or the Board for Correction of Naval Records, as the case may be, 

is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency 

or board, or a member of the staff of the agency or board, with an 

entity or person outside the agency or board that pertain directly 

to the applicant’s case or have a material effect on the applicant’s 

case. 

(b) EXCEPTIONS.—Subsection (a) does not apply to the following: 

(1) Classified information. 

(2) Information the release of which is otherwise prohibited by law or regulation. 

(3) Any record previously provided to the applicant or 

known to be possessed by the applicant. 

(4) Any correspondence that is purely administrative in 

nature. 

(5) Any military record that is (or may be) provided to the 

applicant by the Secretary of the military department or other 

source. 

(Added Pub. L. 105–261, div. A, title V, Sec. 543(a)(1), Oct. 17, 1998, 112 Stat. 2020.) 

§ 1557. Timeliness standards for disposition of applications 

before Corrections Boards 

(a) TEN-MONTH CLEARANCE PERCENTAGE.—Of the applications 

received by a Corrections Board during a period specified in the following table, the percentage on which final action by the Corrections Board must be completed within 10 months of receipt (other 

than for those applications considered suitable for administrative 

correction) is as follows: 
§ 1558 CH. 79—CORRECTION OF MILITARY RECORDS 860 

The percentage on which final 

For applications Correction Board action 

received during— must be completed within 

10 months of receipt is— 

the period of fiscal years 2001 and 2002 ........................................ 50

the period of fiscal years 2003 and 2004 ........................................ 60

the period of fiscal years 2005, 2006, and 2007 ............................. 70

the period of fiscal years 2008, 2009, and 2010 ............................. 80

the period of any fiscal year after fiscal year 2010 ....................... 90.

(b) CLEARANCE DEADLINE FOR ALL APPLICATIONS.—Final action 

by a Corrections Board on all applications received by the Corrections Board (other than those applications considered suitable for 

administrative correction) shall be completed within 18 months of 

receipt. 

(c) WAIVER AUTHORITY.—The Secretary of the military department concerned may exclude an individual application from the 

timeliness standards prescribed in subsections (a) and (b) if the 

Secretary determines that the application warrants a longer period 

of consideration. The authority of the Secretary of a military department under this subsection may not be delegated. 

(d) FAILURE TO MEET TIMELINESS STANDARDS NOT TO AFFECT

ANY INDIVIDUAL APPLICATION.—Failure of a Corrections Board to 

meet the applicable timeliness standard for any period of time 

under subsection (a) or (b) does not confer any presumption or advantage with respect to consideration by the board of any application. 

(e) REPORTS ON FAILURE TO MEET TIMELINESS STANDARDS.— The Secretary of the military department concerned shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

not later than June 1 following any fiscal year during which the 

Corrections Board of that Secretary’s military department was unable to meet the applicable timeliness standard for that fiscal year 

under subsections (a) and (b). The report shall specify the reasons 

why the standard could not be met and the corrective actions initiated to ensure compliance in the future. The report shall also specify the number of waivers granted under subsection (c) during that 

fiscal year. 

(f) CORRECTIONS BOARD DEFINED.—In this section, the term 

‘‘Corrections Board’’ means— 

(1) with respect to the Department of the Army, the Army 

Board for Correction of Military Records; 

(2) with respect to the Department of the Navy, the Board 

for Correction of Naval Records; and 

(3) with respect to the Department of the Air Force, the 

Air Force Board for Correction of Military Records. 

(Added Pub. L. 105–261, div. A, title V, Sec. 544(a), Oct. 17, 1998, 112 Stat. 2021; amended Pub. 

L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, 

title X, Sec. 1084(d)(12), Oct. 28, 2004, 118 Stat. 2062.) 

§ 1558. Review of actions of selection boards: correction of 

military records by special boards; judicial review 

(a) CORRECTION OF MILITARY RECORDS.—The Secretary of a 

military department may correct a person’s military records in accordance with a recommendation made by a special board. Any 

such correction may be made effective as of the effective date of the 
861 § 1558 CH. 79—CORRECTION OF MILITARY RECORDS 

action taken on a report of a previous selection board that resulted 

in the action corrected in the person’s military records. 

(b) DEFINITIONS.—In this section: 

(1) SPECIAL BOARD.—(A) The term ‘‘special board’’ means a 

board that the Secretary of a military department convenes 

under any authority to consider whether to recommend a person for appointment, enlistment, reenlistment, assignment, 

promotion, retention, separation, retirement, or transfer to inactive status in a reserve component instead of referring the 

records of that person for consideration by a previously convened selection board which considered or should have considered that person. 

(B) Such term includes a board for the correction of military records convened under section 1552 of this title, if designated as a special board by the Secretary concerned. 

(C) Such term does not include a promotion special selection board convened under section 628 or 14502 of this title. 

(2) SELECTION BOARD.—(A) The term ‘‘selection board’’ 

means a selection board convened under section 573(c), 580, 

580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 

14705 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment, assignment, promotion, or retention in the armed forces or for 

separation, retirement, or transfer to inactive status in a reserve component for the purpose of reducing the number of 

persons serving in the armed forces. 

(B) Such term does not include any of the following: 

(i) A promotion board convened under section 573(a), 

611(a), or 14101(a) of this title. 

(ii) A special board. 

(iii) A special selection board convened under section 

628 of this title. 

(iv) A board for the correction of military records convened under section 1552 of this title. 

(3) INVOLUNTARILY BOARD-SEPARATED.—The term ‘‘involuntarily board-separated’’ means separated or retired from an 

armed force, or transferred to the Retired Reserve or to inactive status in a reserve component, as a result of a recommendation of a selection board. 

(c) RELIEF ASSOCIATED WITH CORRECTION OF CERTAIN ACTIONS.—(1) The Secretary of the military department concerned 

shall ensure that an involuntarily board-separated person receives 

relief under paragraph (2) or under paragraph (3) if the person, as 

a result of a correction of the person’s military records under subsection (a), becomes entitled to retention on or restoration to active 

duty or to active status in a reserve component. 

(2)(A) A person referred to in paragraph (1) shall, with that 

person’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) in 

that person’s armed force as the person would have had if the person had not been selected to be involuntarily board-separated as a 

result of an action the record of which is corrected under subsection 
§ 1558 CH. 79—CORRECTION OF MILITARY RECORDS 862 

(a). An action under this subparagraph is subject to subparagraph 

(B). 

(B) Nothing in subparagraph (A) may be construed to permit 

a person to be on active duty or in an active status in a reserve 

component after the date on which the person would have been 

separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component if the person had not been selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a). 

(3) If an involuntarily board-separated person referred to in 

paragraph (1) does not consent to a restoration of status, rights, 

and entitlements under paragraph (2), the Secretary concerned 

shall pay that person back pay and allowances (less appropriate 

offsets), and shall provide that person service credit, for the period— 

(A) beginning on the date of the person’s separation, retirement, or transfer to the Retired Reserve or to inactive status 

in a reserve component, as the case may be; and 

(B) ending on the earlier of— 

(i) the date on which the person would have been so 

restored under paragraph (2), as determined by the Secretary concerned; or 

(ii) the date on which the person would otherwise have 

been separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component, as the 

case may be. 

(d) FINALITY OF UNFAVORABLE ACTION.—If a special board 

makes a recommendation not to correct the military records of a 

person regarding action taken in the case of that person on the 

basis of a previous report of a selection board, the action previously 

taken on that report shall be considered as final as of the date of 

the action taken on that report. 

(e) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (f), other 

than to paragraph (4)(C) of that subsection. 

(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special 

board may be provided for under this section, including the following: 

(A) The circumstances under which consideration of a person’s case by a special board is contingent upon application by 

or for that person. 

(B) Any time limits applicable to the filing of an application for such consideration. 

(3) Regulations prescribed by the Secretary of a military department under this subsection may not take effect until approved 

by the Secretary of Defense. 

(f) JUDICIAL REVIEW.—(1) A person seeking to challenge an action or recommendation of a selection board, or an action taken by 

the Secretary of the military department concerned on the report 

of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the Secretary con-
863 § 1559 CH. 79—CORRECTION OF MILITARY RECORDS 

cerned has denied the convening of such a board for such consideration. 

(2)(A) A court of the United States may review a determination 

by the Secretary of a military department not to convene a special 

board in the case of any person. In any such case, the court may 

set aside the Secretary’s determination only if the court finds the 

determination to be— 

(i) arbitrary or capricious; 

(ii) not based on substantial evidence; 

(iii) a result of material error of fact or material administrative error; or 

(iv) otherwise contrary to law. 

(B) If a court sets aside a determination by the Secretary of a 

military department not to convene a special board, it shall remand 

the case to the Secretary concerned, who shall provide for consideration by a special board. 

(3) A court of the United States may review a recommendation 

of a special board or an action of the Secretary of the military department concerned on the report of a special board. In any such 

case, a court may set aside the action only if the court finds that 

the recommendation or action was— 

(A) arbitrary or capricious; 

(B) not based on substantial evidence; 

(C) a result of material error of fact or material administrative error; or 

(D) otherwise contrary to law. 

(4)(A) If, six months after receiving a complete application for 

consideration by a special board in any case, the Secretary concerned has not convened a special board and has not denied consideration by a special board in that case, the Secretary shall be 

deemed for the purposes of this subsection to have denied consideration of the case by a special board. 

(B) If, six months after the convening of a special board in any 

case, the Secretary concerned has not taken final action on the report of the special board, the Secretary shall be deemed for the 

purposes of this subsection to have denied relief in such case. 

(C) Under regulations prescribed under subsection (e), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a 

longer period for consideration of the case is warranted. Such a 

waiver may be for an additional period of not more than six 

months. The Secretary concerned may not delegate authority to 

make a determination under this subparagraph. 

(g) EXISTING JURISDICTION.—Nothing in this section limits— 

(1) the jurisdiction of any court of the United States under 

any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or 

(2) the authority of the Secretary of a military department 

to correct a military record under section 1552 of this title. 

(Added Pub. L. 107–107, div. A, title V, Sec. 503(a)(1), Dec. 28, 2001, 115 Stat. 1080.) 

§ 1559. Personnel limitation 

(a) LIMITATION.—Before December 31, 2013, the Secretary of a 

military department may not carry out any reduction in the num-
§ 1559 CH. 79—CORRECTION OF MILITARY RECORDS 864 

ber of military and civilian personnel assigned to duty with the 

service review agency for that military department below the baseline number for that agency until— 

(1) the Secretary submits to Congress a report that— 

(A) describes the reduction proposed to be made; 

(B) provides the Secretary’s rationale for that reduction; and 

(C) specifies the number of such personnel that would 

be assigned to duty with that agency after the reduction; 

and 

(2) a period of 90 days has elapsed after the date on which 

the report is submitted. 

(b) BASELINE NUMBER.—The baseline number for a service review agency under this section is— 

(1) for purposes of the first report with respect to a service 

review agency under this section, the number of military and 

civilian personnel assigned to duty with that agency as of January 1, 2002; and 

(2) for purposes of any subsequent report with respect to 

a service review agency under this section, the number of such 

personnel specified in the most recent report with respect to 

that agency under this section. 

(c) SERVICE REVIEW AGENCY DEFINED.—In this section, the 

term ‘‘service review agency’’ means— 

(1) with respect to the Department of the Army, the Army 

Review Boards Agency; 

(2) with respect to the Department of the Navy, the Board 

for Correction of Naval Records; and 

(3) with respect to the Department of the Air Force, the 

Air Force Review Boards Agency. 

(Added Pub. L. 107–314, div. A, title V, Sec. 552(a), Dec. 2, 2002, 116 Stat. 2552; amended Pub. 

L. 108–375, div. A, title V, Sec. 581, Oct. 28, 2004, 118 Stat. 1928; Pub. L. 110–417, [div. A], 

title V, Sec. 593, Oct. 14, 2008, 122 Stat. 4475; Pub. L. 111–383, div. A, title V, Sec. 533(b), 

Jan. 7, 2011, 124 Stat. 4216.) 
865 

CHAPTER 80—MISCELLANEOUS INVESTIGATION 

REQUIREMENTS AND OTHER DUTIES 

Sec. 

1561. Complaints of sexual harassment: investigation by commanding officers. 

1561a. Civilian orders of protection: force and effect on military installations. 

1562. Database on domestic violence incidents. 

1563. Consideration of proposals for posthumous and honorary promotions and 

appointments: procedures for review. 

1564. Security clearance investigations. 

1564a. Counterintelligence polygraph program. 

1565. DNA identification information: collection from certain offenders; use. 

1565a. DNA samples maintained for identification of human remains: use for law 

enforcement purposes. 

1566. Voting assistance: compliance assessments; assistance. 

1566a. Voting assistance: voter assistance offices. 

1567. Duration of military protective orders. 

1567a. Mandatory notification of issuance of military protective order to civilian 

law enforcement. 

§ 1561. Complaints of sexual harassment: investigation by 

commanding officers 

(a) ACTION ON COMPLAINTS ALLEGING SEXUAL HARASSMENT.— 

A commanding officer or officer in charge of a unit, vessel, facility, 

or area of the Army, Navy, Air Force, or Marine Corps who receives from a member of the command or a civilian employee under 

the supervision of the officer a complaint alleging sexual harassment by a member of the armed forces or a civilian employee of the 

Department of Defense shall carry out an investigation of the matter in accordance with this section. 

(b) COMMENCEMENT OF INVESTIGATION.—To the extent practicable, a commanding officer or officer in charge receiving such a 

complaint shall, within 72 hours after receipt of the complaint— 

(1) forward the complaint or a detailed description of the 

allegation to the next superior officer in the chain of command 

who is authorized to convene a general court-martial; 

(2) commence, or cause the commencement of, an investigation of the complaint; and 

(3) advise the complainant of the commencement of the investigation. 

(c) DURATION OF INVESTIGATION.—To the extent practicable, a 

commanding officer or officer in charge receiving such a complaint 

shall ensure that the investigation of the complaint is completed 

not later than 14 days after the date on which the investigation is 

commenced. 

(d) REPORT ON INVESTIGATION.—To the extent practicable, a 

commanding officer or officer in charge receiving such a complaint 

shall— 

(1) submit a final report on the results of the investigation, 

including any action taken as a result of the investigation, to 

the next superior officer referred to in subsection (b)(1) within 
§ 1561a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 866 

20 days after the date on which the investigation is commenced; or 

(2) submit a report on the progress made in completing the 

investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the 

investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. 

(e) SEXUAL HARASSMENT DEFINED.—In this section, the term 

‘‘sexual harassment’’ means any of the following: 

(1) Conduct (constituting a form of sex discrimination) 

that— 

(A) involves unwelcome sexual advances, requests for 

sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when— 

(i) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s 

job, pay, or career; 

(ii) submission to or rejection of such conduct by 

a person is used as a basis for career or employment 

decisions affecting that person; or 

(iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and 

(B) is so severe or pervasive that a reasonable person 

would perceive, and the victim does perceive, the work environment as hostile or offensive. 

(2) Any use or condonation, by any person in a supervisory 

or command position, of any form of sexual behavior to control, 

influence, or affect the career, pay, or job of a member of the 

armed forces or a civilian employee of the Department of Defense. 

(3) Any deliberate or repeated unwelcome verbal comment 

or gesture of a sexual nature in the workplace by any member 

of the armed forces or civilian employee of the Department of 

Defense. 

(Added Pub. L. 105–85, div. A, title V, Sec. 591(a)(1), Nov. 18, 1997, 111 Stat. 1760.) 

§ 1561a. Civilian orders of protection: force and effect on 

military installations 

(a) FORCE AND EFFECT.—A civilian order of protection shall 

have the same force and effect on a military installation as such 

order has within the jurisdiction of the court that issued such 

order. 

(b) CIVILIAN ORDER OF PROTECTION DEFINED.—In this section, 

the term ‘‘civilian order of protection’’ has the meaning given the 

term ‘‘protection order’’ in section 2266(5) of title 18. 

(c) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. The regulations shall be designed to further good order and discipline by members of the 

armed forces and civilians present on military installations. 
867 § 1563 CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

(Added Pub. L. 107–311, Sec. 2(a), Dec. 2, 2002, 116 Stat. 2455.) 

§ 1562. Database on domestic violence incidents 

(a) DATABASE ON DOMESTIC VIOLENCE INCIDENT.—The Secretary of Defense shall establish a central database of information 

on the incidents of domestic violence involving members of the 

armed forces. 

(b) REPORTING OF INFORMATION FOR THE DATABASE.—The Secretary shall require that the Secretaries of the military departments maintain and report annually to the administrator of the 

database established under subsection (a) any information received 

on the following matters: 

(1) Each domestic violence incident reported to a commander, a law enforcement authority of the armed forces, or a 

family advocacy program of the Department of Defense. 

(2) The number of those incidents that involve evidence determined sufficient for supporting disciplinary action and, for 

each such incident, a description of the substantiated allegation and the action taken by command authorities in the incident. 

(3) The number of those incidents that involve evidence determined insufficient for supporting disciplinary action and for 

each such case, a description of the allegation. 

(Added Pub. L. 106–65, div. A, title V, Sec. 594(a), Oct. 5, 1999, 113 Stat. 643.) 

§ 1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures 

for review 

(a) REVIEW BY SECRETARY CONCERNED.—Upon request of a 

Member of Congress, the Secretary concerned shall review a proposal for the posthumous or honorary promotion or appointment of 

a member or former member of the armed forces, or any other person considered qualified, that is not otherwise authorized by law. 

Based upon such review, the Secretary shall make a determination 

as to the merits of approving the posthumous or honorary promotion or appointment. 

(b) NOTICE OF RESULTS OF REVIEW.—Upon making a determination under subsection (a) as to the merits of approving the 

posthumous or honorary promotion or appointment, the Secretary 

concerned shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed 

discussion of the rationale supporting the determination. 

(c) DEFINITION.—In this section, the term ‘‘Member of Congress’’ means— 

(1) a Senator; or 

(2) a Representative in, or a Delegate or Resident Commissioner to, Congress. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title V, Sec. 542(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–114; amended Pub. L. 108–136, div. A, title X, Sec. 1031(a)(11), Nov. 24, 2003, 117 Stat. 

1597.) 
§ 1564 CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 868 

§ 1564. Security clearance investigations 

(a) EXPEDITED PROCESS.—The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for— 

(1) Department of Defense personnel and Department of 

Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and 

(2) any individual who— 

(A) submits an application for a position as an employee of the Department of Defense for which— 

(i) the individual is qualified; and 

(ii) a security clearance is required; and 

(B) is— 

(i) a member of the armed forces who was retired 

or separated, or is expected to be retired or separated, 

for physical disability pursuant to chapter 61 of this 

title; 

(ii) the spouse of a member of the armed forces 

who retires or is separated, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, for a physical disability 

as a result of a wound, injuries or illness incurred or 

aggravated in the line of duty (as determined by the 

Secretary concerned); or 

(iii) the spouse of a member of the armed forces 

who dies, after the date of the enactment of the Ike 

Skelton National Defense Authorization Act for Fiscal 

Year 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned). 

(b) REQUIRED FEATURES.—The process developed under subsection (a) shall provide for the following: 

(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel. 

(2) Categorization of personnel on the basis of the degree 

of sensitivity of their duties and the extent to which those duties are critical to the national security. 

(3) Prioritization of the processing of background investigations on the basis of the categories of personnel determined 

under paragraph (2). 

(c) ANNUAL REVIEW.—The Secretary shall conduct an annual 

review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing 

Department of Defense missions. 

(d) CONSULTATION REQUIREMENT.—The Secretary shall consult 

with the Secretaries of the military departments and the heads of 

Defense Agencies in carrying out this section. 

(e) SENSITIVE DUTIES.—For the purposes of this section, it is 

not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered 

sensitive and critical to the national security. 
869 § 1564a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

(f) USE OF APPROPRIATED FUNDS.—The Secretary of Defense 

may use funds authorized to be appropriated to the Department of 

Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2). 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title X, Sec. 1072(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–276; amended Pub. L. 111–383, div. A, title III, Sec. 351(a), Jan. 7, 2011, 124 Stat. 4192.) 

§ 1564a. Counterintelligence polygraph program 

(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may 

carry out a program for the administration of counterintelligence 

polygraph examinations to persons described in subsection (b). The 

program shall be conducted in accordance with the standards specified in subsection (e). 

(b) PERSONS COVERED.—Except as provided in subsection (d), 

the following persons, if their duties are described in subsection (c), 

are subject to this section: 

(1) Military and civilian personnel of the Department of 

Defense. 

(2) Personnel of defense contractors. 

(3) A person assigned or detailed to the Department of Defense. 

(4) An applicant for a position in the Department of Defense. 

(c) COVERED TYPES OF DUTIES.—The Secretary of Defense may 

provide, under standards established by the Secretary, that a person described in subsection (b) is subject to this section if that person’s duties involve— 

(1) access to information that— 

(A) has been classified at the level of top secret; or 

(B) is designated as being within a special access program under section 4.4(a) of Executive Order No. 12958 (or 

a successor Executive order); or 

(2) assistance in an intelligence or military mission in a 

case in which the unauthorized disclosure or manipulation of 

information, as determined under standards established by the 

Secretary of Defense, could reasonably be expected to— 

(A) jeopardize human life or safety; 

(B) result in the loss of unique or uniquely productive 

intelligence sources or methods vital to United States security; or 

(C) compromise technologies, operational plans, or security procedures vital to the strategic advantage of the 

United States and its allies. 

(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE

AGENCIES AND FUNCTIONS.—This section does not apply to the following persons: 

(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract 

with the Central Intelligence Agency. 

(2) A person who is— 

(A) employed by or assigned or detailed to the National Security Agency; 
§ 1564a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 870 

(B) an expert or consultant under contract to the National Security Agency; 

(C) an employee of a contractor of the National Security Agency; or 

(D) a person applying for a position in the National 

Security Agency. 

(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored. 

(4) A person employed by, or assigned or detailed to, an office within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance 

programs or a contractor of such an office. 

(e) STANDARDS.—(1) Polygraph examinations conducted under 

this section shall comply with all applicable laws and regulations. 

(2) Such examinations may be authorized for any of the following purposes: 

(A) To assist in determining the initial eligibility for duties 

described in subsection (c) of, and aperiodically thereafter, on 

a random basis, to assist in determining the continued eligibility of, persons described in subsections (b) and (c). 

(B) With the consent of, or upon the request of, the examinee, to— 

(i) resolve serious credible derogatory information developed in connection with a personnel security investigation; or 

(ii) exculpate him- or herself of allegations or evidence 

arising in the course of a counterintelligence or personnel 

security investigation. 

(C) To assist, in a limited number of cases when operational exigencies require the immediate use of a person’s services before the completion of a personnel security investigation, 

in determining the interim eligibility for duties described in 

subsection (c) of the person. 

(3) Polygraph examinations conducted under this section shall 

provide adequate safeguards, prescribed by the Secretary of Defense, for the protection of the rights and privacy of persons subject 

to this section under subsection (b) who are considered for or administered polygraph examinations under this section. Such safeguards shall include the following: 

(A) The examinee shall receive timely notification of the 

examination and its intended purpose and may only be given 

the examination with the consent of the examinee. 

(B) The examinee shall be advised of the examinee’s right 

to consult with legal counsel. 

(C) All questions asked concerning the matter at issue, 

other than technical questions necessary to the polygraph technique, must have a relevance to the subject of the inquiry. 

(f) OVERSIGHT.—(1) The Secretary shall establish a process to 

monitor responsible and effective application of polygraph examinations within the Department of Defense. 

(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees. 
871 § 1565 CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

(g) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall 

carry out a continuing research program to support the polygraph 

examination activities of the Department of Defense. The program 

shall include the following: 

(1) An on-going evaluation of the validity of polygraph 

techniques used by the Department. 

(2) Research on polygraph countermeasures and anti-countermeasures. 

(3) Developmental research on polygraph techniques, instrumentation, and analytic methods. 

(Added Pub. L. 108–136, div. A, title X, Sec. 1041(a)(1), Nov. 24, 2003, 117 Stat. 1607; amended 

Pub. L. 109–163, div. A, title X, Sec. 1054(a), Jan. 6, 2006, 119 Stat. 3436.) 

§ 1565. DNA identification information: collection from certain offenders; use 

(a) COLLECTION OF DNA SAMPLES.—(1) The Secretary concerned shall collect a DNA sample from each member of the armed 

forces under the Secretary’s jurisdiction who is, or has been, convicted of a qualifying military offense (as determined under subsection (d)). 

(2) For each member described in paragraph (1), if the Combined DNA Index System (in this section referred to as ‘‘CODIS’’) 

of the Federal Bureau of Investigation contains a DNA analysis 

with respect to that member, or if a DNA sample has been or is 

to be collected from that member under section 3(a) of the DNA 

Analysis Backlog Elimination Act of 2000, the Secretary concerned 

may (but need not) collect a DNA sample from that member. 

(3) The Secretary concerned may enter into agreements with 

other Federal agencies, units of State or local government, or private entities to provide for the collection of samples described in 

paragraph (1). 

(b) ANALYSIS AND USE OF SAMPLES.—The Secretary concerned 

shall furnish each DNA sample collected under subsection (a) to 

the Secretary of Defense. The Secretary of Defense shall— 

(1) carry out a DNA analysis on each such DNA sample in 

a manner that complies with the requirements for inclusion of 

that analysis in CODIS; and 

(2) furnish the results of each such analysis to the Director 

of the Federal Bureau of Investigation for inclusion in CODIS. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘DNA sample’’ means a tissue, fluid, or other 

bodily sample of an individual on which a DNA analysis can 

be carried out. 

(2) The term ‘‘DNA analysis’’ means analysis of the 

deoxyribonucleic acid (DNA) identification information in a 

bodily sample. 

(d) QUALIFYING MILITARY OFFENSES.—The offenses that shall 

be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary 

of Defense, in consultation with the Attorney General: 

(1) Any offense under the Uniform Code of Military Justice 

for which a sentence of confinement for more than one year 

may be imposed. 
§ 1565a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 872 

(2) Any other offense under the Uniform Code of Military 

Justice that is comparable to a qualifying Federal offense (as 

determined under section 3(d) of the DNA Analysis Backlog 

Elimination Act of 2000 (42 U.S.C. 14135a(d))). 

(e) EXPUNGEMENT.—(1) The Secretary of Defense shall promptly expunge, from the index described in subsection (a) of section 

210304 of the Violent Crime Control and Law Enforcement Act of 

1994, the DNA analysis of a person included in the index on the 

basis of a qualifying military offense if the Secretary receives, for 

each conviction of the person of a qualifying offense, a certified 

copy of a final court order establishing that such conviction has 

been overturned. 

(2) For purposes of paragraph (1), the term ‘‘qualifying offense’’ 

means any of the following offenses: 

(A) A qualifying Federal offense, as determined under section 3 of the DNA Analysis Backlog Elimination Act of 2000. 

(B) A qualifying District of Columbia offense, as determined under section 4 of the DNA Analysis Backlog Elimination Act of 2000. 

(C) A qualifying military offense. 

(3) For purposes of paragraph (1), a court order is not ‘‘final’’ 

if time remains for an appeal or application for discretionary review with respect to the order. 

(f) REGULATIONS.—This section shall be carried out under regulations prescribed by the Secretary of Defense, in consultation with 

the Secretary of Homeland Security and the Attorney General. 

Those regulations shall apply, to the extent practicable, uniformly 

throughout the armed forces. 

(Added Pub. L. 106–541, Sec. 5(a)(1), Dec. 19, 2000, 114 Stat. 2731; amended Pub. L. 107–296, 

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–405, title II, Sec. 203(c), 

Oct. 30, 2004, 118 Stat. 2270.) 

§ 1565a. DNA samples maintained for identification of 

human remains: use for law enforcement purposes 

(a) COMPLIANCE WITH COURT ORDER.—(1) Subject to paragraph 

(2), if a valid order of a Federal court (or military judge) so requires, an element of the Department of Defense that maintains a 

repository of DNA samples for the purpose of identification of 

human remains shall make available, for the purpose specified in 

subsection (b), such DNA samples on such terms and conditions as 

such court (or military judge) directs. 

(2) A DNA sample with respect to an individual shall be provided under paragraph (1) in a manner that does not compromise 

the ability of the Department of Defense to maintain a sample with 

respect to that individual for the purpose of identification of human 

remains. 

(b) COVERED PURPOSE.—The purpose referred to in subsection 

(a) is the purpose of an investigation or prosecution of a felony, or 

any sexual offense, for which no other source of DNA information 

is reasonably available. 

(c) DEFINITION.—In this section, the term ‘‘DNA sample’’ has 

the meaning given such term in section 1565(c) of this title. 

(Added Pub. L. 107–314, div. A, title X, Sec. 1063(a), Dec. 2, 2002, 116 Stat. 2653.) 
873 § 1566 CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

§ 1566. Voting assistance: compliance assessments; assistance 

(a) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to require that the Army, Navy, Air Force, and Marine 

Corps ensure their compliance with any directives issued by the 

Secretary of Defense in implementing any voting assistance program. 

(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In this section, 

the term ‘‘voting assistance programs’’ means— 

(1) the Federal Voting Assistance Program carried out 

under the Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff et seq.); and 

(2) any similar program. 

(c) ANNUAL EFFECTIVENESS AND COMPLIANCE REVIEWS.—(1) 

The Inspector General of each of the Army, Navy, Air Force, and 

Marine Corps shall conduct— 

(A) an annual review of the effectiveness of voting assistance programs; and 

(B) an annual review of the compliance with voting assistance programs of that armed force. 

(2) Upon the completion of each annual review under paragraph (1), each Inspector General specified in that paragraph shall 

submit to the Inspector General of the Department of Defense a report on the results of each such review. Such report shall be submitted in time each year to be reflected in the report of the Inspector General of the Department of Defense under paragraph (3). 

(3) Not later than March 31 each year, the Inspector General 

of the Department of Defense shall submit to Congress a report 

on— 

(A) the effectiveness during the preceding calendar year of 

voting assistance programs; and 

(B) the level of compliance during the preceding calendar 

year with voting assistance programs of each of the Army, 

Navy, Air Force, and Marine Corps. 

[(d) Repealed. Pub. L. 109–364, div. A, title V, Sec. 596(a), Oct. 

17, 2006, 120 Stat. 2235.] 

(e) REGULAR MILITARY DEPARTMENT ASSESSMENTS.—The Secretary of each military department shall include in the set of issues 

and programs to be reviewed during any management effectiveness 

review or inspection at the installation level an assessment of compliance with the Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff et seq.) and with Department of Defense regulations regarding the Federal Voting Assistance Program. 

(f) VOTING ASSISTANCE OFFICERS.—(1) Voting assistance officers shall be appointed or assigned under Department of Defense 

regulations. Commanders at all levels are responsible for ensuring 

that unit voting officers are trained and equipped to provide information and assistance to members of the armed forces on voting 

matters. Performance evaluation reports pertaining to a member 

who has been assigned to serve as a voting assistance officer shall 

comment on the performance of the member as a voting assistance 

officer. 
§ 1566 CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 874 

(2) Under regulations and procedures (including directives) 

prescribed by the Secretary, a member of the armed forces appointed or assigned to duty as a voting assistance officer shall, to 

the maximum extent practicable, be given the time and resources 

needed to perform the member’s duties as a voting assistance officer during the period in advance of a general election when members and their dependents are preparing and submitting absentee 

ballots. 

(g) DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL

ELECTIONS.—(1) During the four months preceding a general Federal election month, the Secretary of Defense shall periodically conduct surveys of all overseas locations and vessels at sea with military units responsible for collecting mail for return shipment to the 

United States and all port facilities in the United States and overseas where military-related mail is collected for shipment to overseas locations or to the United States. The purpose of each survey 

shall be to determine if voting materials are awaiting shipment at 

any such location and, if so, the length of time that such materials 

have been held at that location. During the fourth and third 

months before a general Federal election month, such surveys shall 

be conducted biweekly. During the second and first months before 

a general Federal election month, such surveys shall be conducted 

weekly. 

(2) The Secretary shall ensure that voting materials are transmitted expeditiously by military postal authorities at all times. The 

Secretary shall, to the maximum extent practicable, implement 

measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense 

is responsible for collecting mail for return shipment to the United 

States. The Secretary shall ensure that the measures implemented 

under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on 

which the election for Federal office is held. 

(3) In this section, the term ‘‘general Federal election month’’ 

means November in an even-numbered year. 

(h) NOTICE OF DEADLINES AND REQUIREMENTS.—The Secretary 

of each military department, utilizing the voting assistance officer 

network established for each military installation, shall, to the 

maximum extent practicable, provide notice to members of the 

armed forces stationed at that installation of the last date before 

a general Federal election for which absentee ballots mailed from 

a postal facility located at that installation can reasonably be expected to be timely delivered to the appropriate State and local 

election officials. 

(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND

DEPENDENTS.—(1) The Secretary of each military department, 

using a variety of means including both print and electronic media, 

shall, to the maximum extent practicable, ensure that members of 

the armed forces and their dependents who are qualified to vote 

have ready access to information regarding voter registration requirements and deadlines (including voter registration), absentee 

ballot application requirements and deadlines, and the availability 
875 § 1566a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

of voting assistance officers to assist members and dependents to 

understand and comply with these requirements. 

(2) The Secretary of each military department shall make the 

national voter registration form prepared for purposes of the Uniformed and Overseas Citizens Absentee Voting Act by the Federal 

Election Commission available so that each person who enlists 

shall receive such form at the time of the enlistment, or as soon 

thereafter as practicable. 

(3) Where practicable, a special day or days shall be designated 

at each military installation for the purpose of informing members 

of the armed forces and their dependents of election timing, registration requirements, and voting procedures. 

(Added Pub. L. 107–107, div. A, title XVI, Sec. 1602(a)(1), Dec. 28, 2001, 115 Stat. 1274; amended Pub. L. 107–252, title VII, Sec. 701, Oct. 29, 2002, 116 Stat. 1722; Pub. L. 108–375, div. A, 

title X, Sec. 1084(d)(13), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–364, div. A, title V, Sec. 

596(a), (d), Oct. 17, 2006, 120 Stat. 2235, 2236.) 

§ 1566a. Voting assistance: voter assistance offices 

(a) DESIGNATION OF OFFICES ON MILITARY INSTALLATIONS AS

VOTER ASSISTANCE OFFICES.—Not later than 180 days after the 

date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2010 and under regulations prescribed by the Secretary of Defense under subsection (f), the Secretaries of the military departments shall designate offices on installations under 

their jurisdiction to provide absent uniformed services voters, particularly those individuals described in subsection (b), and their 

family members with the following: 

(1) Information on voter registration procedures and absentee ballot procedures (including the official post card form 

prescribed under section 101 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff)). 

(2) Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an 

election for Federal office. 

(3) Information and assistance, if requested, including access to the Internet where practicable, to update the individual’s voter registration information, including instructions for 

absent uniformed services voters to change their address by 

submitting the official post card form prescribed under section 

101 of the Uniformed and Overseas Citizens Absentee Voting 

Act to the appropriate State election official. 

(4) Information and assistance, if requested, to request an 

absentee ballot under the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.). 

(b) COVERED INDIVIDUALS.—The individuals described in this 

subsection are absent uniformed services voters who— 

(1) are undergoing a permanent change of duty station; 

(2) are deploying overseas for at least six months; 

(3) are returning from an overseas deployment of at least 

six months; or 

(4) otherwise request assistance related to voter registration. 

(c) TIMING OF PROVISION OF ASSISTANCE.—The regulations prescribed by the Secretary of Defense under subsection (f) shall ensure, to the maximum extent practicable and consistent with mili-
§ 1566a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES 876 

tary necessity, that the assistance provided under subsection (a) is 

provided to a covered individual described in subsection (b)— 

(1) if described in subsection (b)(1), as part of the administrative in-processing of the covered individual upon arrival at 

the new duty station of the covered individual; 

(2) if described in subsection (b)(2), as part of the administrative out-processing of the covered individual in preparation 

for deployment from the home duty station of the covered individual; 

(3) if described in subsection (b)(3), as part of the administrative in-processing of the covered individual upon return to 

the home duty station of the covered individual; or 

(4) if described in subsection (b)(4), at the time the covered 

individual requests such assistance. 

(d) OUTREACH.—The Secretary of each military department, or 

the Presidential designee, shall take appropriate actions to inform 

absent uniformed services voters of the assistance available under 

subsection (a), including— 

(1) the availability of information and voter registration 

assistance at offices designated under subsection (a); and 

(2) the time, location, and manner in which an absent uniformed services voter may utilize such assistance. 

(e) AUTHORITY TO DESIGNATE VOTING ASSISTANCE OFFICES AS

VOTER REGISTRATION AGENCY ON MILITARY INSTALLATIONS.—The 

Secretary of Defense may authorize the Secretaries of the military 

departments to designate offices on military installations as voter 

registration agencies under section 7(a)(2) of the National Voter 

Registration Act of 1993 (42 U.S.C. 1973gg–5(a)(2)) for all purposes 

of such Act. Any office so designated shall discharge the requirements of this section, under the regulations prescribed by the Secretary of Defense under subsection (f). 

(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations relating to the administration of the requirements of 

this section. The regulations shall be prescribed before the regularly scheduled general election for Federal office held in November 

2010, and shall be implemented for such general election for Federal office and for each succeeding election for Federal office. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘absent uniformed services voter’’ has the 

meaning given that term in section 107(1) of the Uniformed 

and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

6(1)). 

(2) The term ‘‘Federal office’’ has the meaning given that 

term in section 107(3) of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff–6(3)). 

(3) The term ‘‘Presidential designee’’ means the official 

designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 

1973ff(a)). 

(Added Pub. L. 111–84, div. A, title V, Sec. 583(b)(1), Oct. 28, 2009, 123 Stat. 2328; amended 

Pub. L. 111–383, div. A, title X, Sec. 1075(b)(21), Jan. 7, 2011, 124 Stat. 4370.) 
877 § 1567a CH. 80—MISC. INVESTIGATION REQUIREMENTS & OTHER DUTIES

§ 1567. Duration of military protective orders 

A military protective order issued by a military commander 

shall remain in effect until such time as the military commander 

terminates the order or issues a replacement order. 

(Added Pub. L. 110–417, [div. A], title V, Sec. 561(a), Oct. 14, 2008, 122 Stat. 4470; amended 

Pub. L. 111–84, div. A, title X, Sec. 1073(a)(16), Oct. 28, 2009, 123 Stat. 2473.) 

§ 1567a. Mandatory notification of issuance of military protective order to civilian law enforcement 

(a) INITIAL NOTIFICATION.—In the event a military protective 

order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective 

order, the commander of the military installation shall notify the 

appropriate civilian authorities of— 

(1) the issuance of the protective order; and 

(2) the individuals involved in the order. 

(b) NOTIFICATION OF CHANGES OR TERMINATION.—The commander of the military installation also shall notify the appropriate 

civilian authorities of— 

(1) any change made in a protective order covered by subsection (a); and 

(2) the termination of the protective order. 

(Added Pub. L. 110–417, [div. A], title V, Sec. 562(a), Oct. 14, 2008, 122 Stat. 4470; amended 

Pub. L. 111–84, div. A, title X, Sec. 1073(a)(17), Oct. 28, 2009, 123 Stat. 2473.) 
878 

CHAPTER 81—CIVILIAN EMPLOYEES 

Sec. 

1580. Emergency essential employees: designation. 

1580a. Emergency essential employees: notification of required participation in 

anthrax vaccine immunization program. 

1581. Foreign National Employees Separation Pay Account. 

1582. Assistive technology, assistive technology devices, and assistive technology 

services. 

1583. Employment of certain persons without pay. 

1584. Employment of non-citizens. 

1585. Carrying of firearms. 

1585a. Special agents of the Defense Criminal Investigative Service: authority to 

execute warrants and make arrests. 

1586. Rotation of career-conditional and career employees assigned to duty outside the United States. 

1587. Employees of nonappropriated fund instrumentalities: reprisals. 

1587a. Employees of nonappropriated fund instrumentalities: senior executive 

pay levels. 

1588. Authority to accept certain voluntary services. 

1589. Participation in management of specified non-Federal entities: authorized 

activities. 

[1590. Repealed.] 

1591. Reimbursement for travel and transportation expenses when accompanying Members of Congress. 

1592. Prohibition on payment of severance pay to foreign nationals in the event 

of certain overseas base closures. 

1593. Uniform allowance: civilian employees. 

1594. Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay. 

1595. Civilian faculty members at certain Department of Defense schools: employment and compensation. 

1596. Foreign language proficiency: special pay for proficiency beneficial for intelligence interests. 

1596a. Foreign language proficiency: special pay for proficiency beneficial for 

other national security interests. 

1596b. Foreign language proficiency: National Foreign Language Skills Registry. 

1597. Civilian positions: guidelines for reductions. 

1598. Assistance to terminated employees to obtain certification and employment 

as teachers or employment as teachers’ aides. 

[1599. Renumbered.] 

1599a. Financial assistance to certain employees in acquisition of critical skills. 

1599b. Employees abroad: travel expenses; health care. 

1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured 

members of the armed forces. 

1599d. Professional accounting positions: authority to prescribe certification and 

credential standards. 

§ 1580. Emergency essential employees: designation 

(a) CRITERIA FOR DESIGNATION.—The Secretary of Defense or 

the Secretary of the military department concerned may designate 

as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of 

whose position meet all of the following criteria: 

(1) It is the duty of the employee to provide immediate and 

continuing support for combat operations or to support mainte-
879 § 1581 CH. 81—CIVILIAN EMPLOYEES 

nance and repair of combat essential systems of the armed 

forces. 

(2) It is necessary for the employee to perform that duty 

in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed 

forces, from the zone in connection with a war, a national 

emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the 

zone. 

(3) It is impracticable to convert the employee’s position to 

a position authorized to be filled by a member of the armed 

forces because of a necessity for that duty to be performed 

without interruption. 

(b) ELIGIBILITY OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES.—A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘combat zone’’ has the meaning given that 

term in section 112(c)(2) of the Internal Revenue Code of 1986. 

(2) The term ‘‘nonappropriated fund instrumentality employee’’ has the meaning given that term in section 1587(a)(1) 

of this title. 

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

§ 1580a. Emergency essential employees: notification of required participation in anthrax vaccine immunization program 

The Secretary of Defense shall— 

(1) prescribe regulations for the purpose of ensuring that 

any civilian employee of the Department of Defense who is determined to be an emergency essential employee and who is required to participate in the anthrax vaccine immunization program is notified of the requirement to participate in the program and the consequences of a decision not to participate; and 

(2) ensure that any individual who is being considered for 

a position as such an employee is notified of the obligation to 

participate in the program before being offered employment in 

such position. 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title VII, Sec. 751(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–194.) 

§ 1581. Foreign National Employees Separation Pay Account 

(a) ESTABLISHMENT AND PURPOSE.—There is established on the 

books of the Treasury an account to be known as the ‘‘Foreign National Employees Separation Pay Account, Defense’’. The account 

shall be used for the accumulation of funds to finance obligations 

of the United States for separation pay for foreign nationals referred to in subsection (e). 

(b) DEPOSITS INTO ACCOUNT.—The Secretary of Defense shall 

deposit into the account from applicable appropriations all amounts 

obligated for separation pay for foreign nationals referred to in subsection (e). 
§ 1582 CH. 81—CIVILIAN EMPLOYEES 880 

(c) PAYMENTS FROM ACCOUNT.—Amounts in the account shall 

remain available for expenditure in accordance with the purpose 

for which obligated until expended. 

(d) DEOBLIGATED FUNDS.—Any amount in the account that is 

deobligated shall be available for a period of two years from the 

date of deobligation for recording, adjusting, and liquidating 

amounts properly chargeable to the liability of the United States 

for which the obligation was made. Any such deobligated amount 

remaining at the end of such two-year period shall be canceled. 

(e) EMPLOYEES COVERED.—This section applies only with respect to separation pay of foreign nationals employed by the Department of Defense, and foreign nationals employed by a foreign 

government for the benefit of the Department of Defense, under 

any of the following agreements that provide for payment of separation pay: 

(1) A contract. 

(2) A treaty. 

(3) A memorandum of understanding with a foreign 

nation. 

(Added Pub. L. 102–190, div. A, title X, Sec. 1003(a)(1), Dec. 5, 1991, 105 Stat. 1456; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(20), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–337, 

div. A, title III, Sec. 346, Oct. 5, 1994, 108 Stat. 2724; Pub. L. 107–107, div. A, title X, Sec. 

1048(e)(2), Dec. 28, 2001, 115 Stat. 1227.) 

§ 1582. Assistive technology, assistive technology devices, 

and assistive technology services 

(a) AUTHORITY.—The Secretary of Defense may provide assistive technology, assistive technology devices, and assistive technology services to the following: 

(1) Department of Defense employees with disabilities. 

(2) Organizations within the Department that have requirements to make programs or facilities accessible to, and 

usable by, persons with disabilities. 

(3) Any other department or agency of the Federal Government, upon the request of the head of that department or 

agency, for its employees with disabilities or for satisfying a requirement to make its programs or facilities accessible to, and 

usable by, persons with disabilities. 

(b) DEFINITIONS.—In this section, the terms ‘‘assistive technology’’, ‘‘assistive technology device’’, ‘‘assistive technology service’’, and ‘‘disability’’ have the meanings given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title XI, Sec. 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–311.) 

§ 1583. Employment of certain persons without pay 

The Secretary of Defense may employ, without pay, not more 

than 10 persons of outstanding experience and ability. However, a 

person so employed may be allowed transportation, and not more 

than $15 a day instead of subsistence, while away from his home 

or regular place of business pursuant to employment under this 

section. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 89–718, Sec. 14, Nov. 2, 1966, 80 Stat. 1117; 

Pub. L. 97–295, Sec. 1(20)(A), (B), Oct. 12, 1982, 96 Stat. 1290.) 
881 § 1586 CH. 81—CIVILIAN EMPLOYEES 

§ 1584. Employment of non-citizens 

Laws prohibiting the employment of, or payment of pay or expenses to, a person who is not a citizen of the United States do not 

apply to personnel of the Department of Defense. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 97–295, Sec. 1(20)(A), Oct. 12, 1982, 96 Stat. 

1290; Pub. L. 101–510, div. A, title XIV, Sec. 1481(d)(1), (2), 1482(b), Nov. 5, 1990, 104 Stat. 

1706, 1709; Pub. L. 104–106, div. A, title X, Sec. 1062(b), Feb. 10, 1996, 110 Stat. 444.) 

§ 1585. Carrying of firearms 

Under regulations to be prescribed by the Secretary of Defense, 

civilian officers and employees of the Department of Defense may 

carry firearms or other appropriate weapons while assigned investigative duties or such other duties as the Secretary may prescribe. 

(Added Pub. L. 85–577, Sec. 1(1), July 31, 1958, 72 Stat. 455.) 

§ 1585a. Special agents of the Defense Criminal Investigative Service: authority to execute warrants and 

make arrests 

(a) AUTHORITY.—The Secretary of Defense may authorize any 

DCIS special agent described in subsection (b)— 

(1) to execute and serve any warrant or other process 

issued under the authority of the United States; and 

(2) to make arrests without a warrant— 

(A) for any offense against the United States committed in the presence of that agent; and 

(B) for any felony cognizable under the laws of the 

United States if the agent has probable cause to believe 

that the person to be arrested has committed or is committing the felony. 

(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to 

any DCIS special agent whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense. 

(c) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 

provided under subsection (a) shall be exercised in accordance with 

guidelines prescribed by the Inspector General of the Department 

of Defense and approved by the Attorney General and any other 

applicable guidelines prescribed by the Secretary of Defense or the 

Attorney General. 

(d) DCIS SPECIAL AGENT DEFINED.—In this section, the term 

‘‘DCIS special agent’’ means an employee of the Department of Defense who is a special agent of the Defense Criminal Investigative 

Service (or any successor to that service). 

(Added Pub. L. 105–85, div. A, title X, Sec. 1071(a), Nov. 18, 1997, 111 Stat. 1897.) 

§ 1586. Rotation of career-conditional and career employees 

assigned to duty outside the United States 

(a) In order to advance the programs and activities of the Defense Establishment, it is hereby declared to be the policy of the 

Congress to facilitate the interchange of civilian employees of the 

Defense Establishment between posts of duty in the United States 

and posts of duty outside the United States through the establishment and operation of programs for the rotation, to the extent consistent with the missions of the Defense Establishment and sound 
§ 1586 CH. 81—CIVILIAN EMPLOYEES 882 

principles of administration, of such employees who are assigned to 

duty outside the United States. 

(b) Notwithstanding any other provision of law, the Secretary 

of Defense with respect to civilian employees of the Department of 

Defense other than employees of a military department, and the 

Secretary of each military department with respect to civilian employees of such military department, may, under such regulations 

as each such Secretary may prescribe with respect to the employees 

concerned and in accordance with the policy and other provisions 

of this section, establish and operate programs of rotation which 

provide for the granting of the right to return to a position in the 

United States to each civilian employee in the department concerned— 

(1) who, while serving under a career-conditional or career 

appointment in the competitive civil service, is assigned at the 

request of the department concerned to duty outside the 

United States, 

(2) who satisfactorily completes such duty, and 

(3) who applies, not later than 30 days after his completion 

of such duty, for the right to return to a position in the United 

States as provided by subsection (c). 

The Secretary of the department concerned may provide by regulation for the waiver of the provisions of paragraphs (2) and (3), or 

of either of such paragraphs, in those cases in which the application of such paragraphs, or either of them, would be against equity 

and good conscience or against the public interest. 

(c) The right to return to a position in the United States granted under this section shall be without reduction in the seniority, 

status, and tenure held by the employee immediately before his assignment to duty outside the United States and the employee shall 

be placed, not later than 30 days after the date on which he is determined to be immediately available to exercise such right in accordance with the following provisions: 

(1) The employee shall be placed in the position which he 

held immediately before his assignment to duty outside the 

United States, if such position exists. 

(2) If such position does not exist, or with his consent, the 

employee shall be placed in a vacant existing position, or in a 

new continuing position, for which he is qualified, available for 

the purposes of this section in the department concerned, in 

the same geographical area as, with rights and benefits equal 

to the rights and benefits of, and in a grade equal to the grade 

of, the position which he held immediately before his assignment to duty outside the United States. 

(3) If the positions described in paragraph (1) and paragraph (2) do not exist, the employee shall be placed in an additional position which shall be established by the department 

concerned for a period not in excess of 90 days in order to carry 

out the purposes of this section. Such additional position shall 

be in the same geographical area as, with rights and benefits 

not less than the rights and benefits of, and in a grade not 

lower than the grade of, the position held by the employee immediately before his assignment to duty outside the United 

States. 
883 § 1586 CH. 81—CIVILIAN EMPLOYEES 

(4) If, within 90 days after his placement in a position 

under paragraph (3) a vacant existing position or new continuing position, for which the employee is qualified, is available for the purposes of this section in the department concerned, in the same geographical area as, with rights and benefits equal to the rights and benefits of, and in a grade equal 

to the grade of, the position which he held immediately before 

his assignment to duty outside the United States, the employee 

shall be placed in such vacant existing position or new continuing position. 

(5) If, within the 90-day period referred to in paragraphs 

(3) and (4), the employee cannot be placed in a position under 

paragraph (4), he shall be reassigned or separated under the 

regulations prescribed by the Office of Personnel Management 

to carry out sections 3501–3503 of title 5. 

(6) If there is a termination of or material change in the 

activity in which the former position of the employee (referred 

to in paragraph (1)) was located, he shall be placed, in the 

manner provided by paragraphs (2), (3), and (4), as applicable, 

in a position in the department concerned in a geographical 

area other than the geographical area in which such former position was located. 

(d) Each employee who is placed in a position under paragraph 

(1), (2), (3), (4), or (6) of subsection (c) shall be paid at a rate of 

basic pay which is not less than the rate of basic pay to which he 

would have been entitled if he had not been assigned to duty outside the United States. 

(e)(1) Each employee who is displaced from a position by reason of the exercise of a return right under subsection (c)(1) shall 

be placed, as of the date of such displacement, without reduction 

in seniority, status, and tenure, in a vacant existing position or 

new continuing position, for which he is qualified, available in the 

department concerned, in the same geographical area as, with 

rights and benefits equal to the rights and benefits of, in a grade 

equal to the grade of, and at a rate of basic pay not less than the 

last rate of basic pay which is not less than the last rate of basic 

pay to which he was entitled while in, the position from which he 

is displaced. 

(2) If the employee cannot be placed in a position under paragraph (1), he shall be reassigned to a position other than the position from which he is displaced, or separated, under the regulations 

prescribed by the Office of Personnel Management to carry out sections 3501–3503 of title 5. 

(f) The President may, upon his determination that such action 

is necessary in the national interest, declare that, for such period 

as he may specify, an assignment of an employee to duty in Alaska 

or Hawaii shall be held and considered, for the purposes of this section, to be an assignment to duty outside the United States. 

(g) In this section: 

(1) The term ‘‘rotation’’ means the assignment of civilian 

employees referred to in subsection (b) to duty outside the 

United States and the return of such employees to duty within 

the United States. 
§ 1587 CH. 81—CIVILIAN EMPLOYEES 884 

(2) The term ‘‘grade’’ means, as applicable, a grade of the 

General Schedule as prescribed in section 5104 of title 5 or a 

grade or level of the appropriate prevailing rate schedule. 

(h) The Secretary of Defense may, under such regulations as 

he may prescribe, make the provisions of subsections (a) through 

(g) applicable to civilian employees of the Department of Defense 

who are residents of Guam, the Virgin Islands, or the Commonwealth of Puerto Rico at the time of their employment by the Department of Defense in the same manner as if the references in 

such subsections to the United States (when used in a geographical 

sense) were references to Guam, the Virgin Islands, or the Commonwealth of Puerto Rico, as the case may be. 

(Added Pub. L. 86–585, Sec. 1, July 5, 1960, 74 Stat. 325; amended Pub. L. 89–718, Sec. 15, 

Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–83, Sec. 3(3), Sept. 11, 1967, 81 Stat. 220; Pub. L. 96– 

513, title V, Sec. 511(61), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 96–600, Sec. 1, Dec. 24, 1980, 

94 Stat. 3493; Pub. L. 97–295, Sec. 1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98–525, title 

XIV, Sec. 1405(29), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 101–189, div. A, title XVI, Sec. 

1622(e)(4), Nov. 29, 1989, 103 Stat. 1605.) 

§ 1587. Employees of nonappropriated fund instrumentalities: reprisals 

(a) In this section: 

(1) The term ‘‘nonappropriated fund instrumentality employee’’ means a civilian employee who is paid from nonappropriated funds of Army and Air Force Exchange Service, 

Navy Exchange Service Command, Marine Corps exchanges, or 

any other instrumentality of the United States under the jurisdiction of the armed forces which is conducted for the comfort, 

pleasure, contentment, or physical or mental improvement of 

members of the armed forces. Such term includes a civilian 

employee of a support organization within the Department of 

Defense or a military department, such as the Defense Finance 

and Accounting Service, who is paid from nonappropriated 

funds on account of the nature of the employee’s duties. 

(2) The term ‘‘civilian employee’’ has the meaning given 

the term ‘‘employee’’ by section 2105(a) of title 5. 

(3) The term ‘‘personnel action’’, with respect to a nonappropriated fund instrumentality employee (or an applicant 

for a position as such an employee), means— 

(A) an appointment; 

(B) a promotion; 

(C) a disciplinary or corrective action; 

(D) a detail, transfer, or reassignment; 

(E) a reinstatement, restoration, or reemployment; 

(F) a decision concerning pay, benefits, or awards, or 

concerning education or training if the education or training may reasonably be expected to lead to an appointment, 

promotion, or other action described in this paragraph; and 

(G) any other significant change in duties or responsibilities that is inconsistent with the employee’s salary or 

grade level. 

(b) Any civilian employee or member of the armed forces who 

has authority to take, direct others to take, recommend, or approve 

any personnel action shall not, with respect to such authority, take 

or fail to take a personnel action with respect to any non-
885 § 1587a CH. 81—CIVILIAN EMPLOYEES 

appropriated fund instrumentality employee (or any applicant for 

a position as such an employee) as a reprisal for— 

(1) a disclosure of information by such an employee or applicant which the employee or applicant reasonably believes 

evidences— 

(A) a violation of any law, rule, or regulation; or 

(B) mismanagement, a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public 

health or safety; 

if such disclosure is not specifically prohibited by law and if 

the information is not specifically required by or pursuant to 

executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or 

(2) a disclosure by such an employee or applicant to any 

civilian employee or member of the armed forces designated by 

law or by the Secretary of Defense to receive disclosures described in clause (1), of information which the employee or applicant reasonably believes evidences— 

(A) a violation of any law, rule, or regulation; or 

(B) mismanagement, a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public 

health or safety. 

(c) This section does not apply to an employee in a position excluded from the coverage of this section by the President based 

upon a determination by the President that the exclusion is necessary and warranted by conditions of good administration. 

(d) The Secretary of Defense shall be responsible for the prevention of actions prohibited by subsection (b) and for the correction of any such actions that are taken. The authority of the Secretary to correct such actions may not be delegated to the Secretary 

of a military department or to the Assistant Secretary of Defense 

for Manpower and Logistics. 

(e) The Secretary of Defense, after consultation with the Director of the Office of Personnel Management and the Special Counsel 

of the Merit Systems Protection Board, shall prescribe regulations 

to carry out this section. Such regulations shall include provisions 

to protect the confidentiality of employees and applicants making 

disclosures described in clauses (1) and (2) of subsection (b) and to 

permit the reporting of alleged violations of subsection (b) directly 

to the Inspector General of the Department of Defense. 

(Added Pub. L. 98–94, title XII, Sec. 1253(a)(1), Sept. 24, 1983, 97 Stat. 699; amended Pub. L. 

100–26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 104–106, div. A, title IX, Sec. 903(f)(3), 

title X, Sec. 1040(a)–(d)(1), Feb. 10, 1996, 110 Stat. 402, 433; Pub. L. 104–201, div. A, title IX, 

Sec. 901, Sept. 23, 1996, 110 Stat. 2617.) 

§ 1587a. Employees of nonappropriated fund instrumentalities: senior executive pay levels 

(a) AUTHORITY.—To achieve the objective stated in subsection 

(b), the Secretary of Defense may regulate the amount of total compensation that is provided for senior executives of nonappropriated 

fund instrumentalities who, for the fixing of pay by administrative 

action, are under the jurisdiction of the Secretary of Defense or the 

Secretary of a military department. 

(b) PAY PARITY.—The objective of an action taken with respect 

to the compensation of senior executives under subsection (a) is to 
§ 1588 CH. 81—CIVILIAN EMPLOYEES 886 

provide for parity between the total compensation provided for such 

senior executives and total compensation that is provided for Department of Defense employees in Senior Executive Service positions or other senior executive positions. 

(c) STANDARDS OF COMPARABILITY.—Subject to subsection (d), 

the Secretary of Defense shall prescribe the standards of comparison that are to apply in the making of the determinations necessary to achieve the objective stated in subsection (b). 

(d) ESTABLISHMENT OF PAY RATES.—The Secretary of Defense 

shall apply subsections (a) and (b) of section 5382 of title 5 in the 

regulation of compensation under this section. 

(e) RELATIONSHIP TO PAY LIMITATION.—The Secretary of Defense may exercise the authority provided in subsection (a) without 

regard to section 5373 of title 5. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘compensation’’ includes rate of basic pay. 

(2) The term ‘‘Senior Executive Service position’’ has the 

meaning given such term in section 3132 of title 5. 

(Added Pub. L. 108–375, div. A, title XI, Sec. 1104(a), Oct. 28, 2004, 118 Stat. 2073.) 

§ 1588. Authority to accept certain voluntary services 

(a) AUTHORITY TO ACCEPT SERVICES.—Subject to subsection (b) 

and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services: 

(1) Voluntary medical services, dental services, nursing 

services, or other health-care related services. 

(2) Voluntary services to be provided for a museum or a 

natural resources program. 

(3) Voluntary services to be provided for programs providing services to members of the armed forces and the families of such members, including the following programs: 

(A) Family support programs. 

(B) Child development and youth services programs. 

(C) Library and education programs. 

(D) Religious programs. 

(E) Housing referral programs. 

(F) Programs providing employment assistance to 

spouses of such members. 

(G) Morale, welfare, and recreation programs, to the 

extent not covered by another subparagraph of this paragraph. 

(4) Voluntary services as a member of a funeral honors detail under section 1491 of this title. 

(5) Legal services voluntarily provided as legal assistance 

under section 1044 of this title. 

(6) Voluntary services as a proctor for administration to 

secondary school students of the test known as the ‘‘Armed 

Services Vocational Aptitude Battery’’. 

(7) Voluntary translation or interpretation services offered 

with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or (B) 

who otherwise is approved to provide voluntary translation or 
887 § 1588 CH. 81—CIVILIAN EMPLOYEES 

interpretation services for national security purposes, as determined by the Secretary of Defense. 

(8) Voluntary services to support programs of a committee 

of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense. 

(b) REQUIREMENTS AND LIMITATIONS.—(1) The Secretary concerned shall notify the person of the scope of the services accepted. 

(2) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned shall— 

(A) supervise the person to the same extent as the Secretary would supervise a compensated employee providing 

similar services; and 

(B) ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable 

law or regulations to provide such services. 

(3) With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned may not— 

(A) place the person in a policy-making position; or 

(B) except as provided in subsection (e), compensate the 

person for the provision of such services. 

(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS PROVIDING

SERVICES.—The Secretary concerned may recruit and train persons 

to provide voluntary services accepted under subsection (a). 

(d) STATUS OF PERSONS PROVIDING SERVICES.—(1) Subject to 

paragraph (3), while providing voluntary services accepted under 

subsection (a) or receiving training under subsection (c), a person, 

other than a person referred to in paragraph (2), shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law: 

(A) Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries). 

(B) Section 2733 of this title and chapter 171 of title 28 

(relating to claims for damages or loss) and chapters 309 and 

311 of title 46 (relating to claims for damages or loss on navigable waters). 

(C) Section 552a of title 5 (relating to maintenance of 

records on individuals). 

(D) Chapter 11 of title 18 (relating to conflicts of interest). 

(E) Section 1054 of this title (relating to legal malpractice), 

for a person voluntarily providing legal services accepted under 

subsection (a)(5), as if the person were providing the services 

as an attorney of a legal staff within the Department of Defense. 

(2) Subject to paragraph (3), while providing a nonappropriated 

fund instrumentality of the United States with voluntary services 

accepted under subsection (a), or receiving training under subsection (c) to provide such an instrumentality with services accepted under subsection (a), a person shall be considered an employee 

of that instrumentality only for the following purposes: 

(A) Subchapter II of chapter 81 of title 5 (relating to compensation of nonappropriated fund employees for work-related 

injuries). 

(B) Section 2733 of this title and chapter 171 of title 28 

(relating to claims for damages or loss). 
§ 1589 CH. 81—CIVILIAN EMPLOYEES 888 

(3) A person providing voluntary services accepted under subsection (a) shall be considered to be an employee of the Federal 

Government under paragraph (1) or (2) only with respect to services that are within the scope of the services so accepted. 

(4) For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this 

subsection) to a person providing voluntary services accepted under 

subsection (a), the monthly pay of the person for such services shall 

be deemed to be the amount determined by multiplying— 

(A) the average monthly number of hours that the person 

provided the services, by 

(B) the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)). 

(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary 

concerned may provide for reimbursement of a person for incidental 

expenses incurred by the person in providing voluntary services accepted under subsection (a). The Secretary shall determine which 

expenses are eligible for reimbursement under this subsection. Any 

such reimbursement may be made from appropriated or nonappropriated funds. 

(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of persons, designated 

in accordance with the regulations prescribed under paragraph (4), 

who provide voluntary services accepted under paragraph (3) or (8) 

of subsection (a). 

(2) In the case of equipment installed under the authority of 

paragraph (1), the Secretary concerned may pay the charges incurred for the use of the equipment for authorized purposes. 

(3) To carry out this subsection, the Secretary concerned may 

use appropriated funds (notwithstanding section 1348 of title 31) or 

nonappropriated funds of the military department under the jurisdiction of the Secretary or, with respect to the Coast Guard, the department in which the Coast Guard is operating. 

(4) The Secretary of Defense and, with respect to the Coast 

Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to carry 

out this subsection. 

(Added Pub. L. 98–94, title XII, Sec. 1266(a), Sept. 24, 1983, 97 Stat. 704; amended Pub. L. 99– 

145, title XVI, Sec. 1624(a), Nov. 8, 1985, 99 Stat. 778; Pub. L. 99–661, div. A, title XIII, Sec. 

1355, Nov. 14, 1986, 100 Stat. 3996; Pub. L. 100–26, Sec. 3(9), Apr. 21, 1987, 101 Stat. 274; 

Pub. L. 101–189, div. A, title XVI, Sec. 1634, Nov. 29, 1989, 103 Stat. 1608; Pub. L. 102–190, 

div. A, title III, Sec. 345, Dec. 5, 1991, 105 Stat. 1346; Pub. L. 103–337, div. A, title X, Sec. 

1061(a), Oct. 5, 1994, 108 Stat. 2845; Pub. L. 104–201, div. A, title X, Sec. 1074(a)(8), Sept. 23, 

1996, 110 Stat. 2659; Pub. L. 106–65, div. A, title III, Sec. 371(a), title V, Sec. 578(f), Oct. 5, 

1999, 113 Stat. 579, 627; Pub. L. 107–107, div. A, title V, Sec. 583, Dec. 28, 2001, 115 Stat. 

1125; Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107– 

314, div. A, title V, Sec. 553, title X, Sec. 1064(b), Dec. 2, 2002, 116 Stat. 2552, 2654; Pub. L. 

108–375, div. A, title V, Sec. 516, title X, Sec. 1081, Oct. 28, 2004, 118 Stat. 1884, 2059; Pub. 

L. 110–181, div. A, title X, Sec. 1063(a)(9), Jan. 28, 2008, 122 Stat. 322.) 

§ 1589. Participation in management of specified non-Federal entities: authorized activities 

(a) AUTHORIZATION.—(1) The Secretary concerned may authorize an employee described in paragraph (2) to serve without compensation as a director, officer, or trustee, or to otherwise partici-
889 § 1591 CH. 81—CIVILIAN EMPLOYEES 

pate, in the management of an entity designated under subsection 

(b). Any such authorization shall be made on a case-by-case basis, 

for a particular employee to participate in a specific capacity with 

a specific designated entity. Such authorization may be made only 

for the purpose of providing oversight and advice to, and coordination with, the designated entity, and participation of the employee 

in the activities of the designated entity may not extend to participation in the day-to-day operations of the entity. 

(2) Paragraph (1) applies to any employee of the Department 

of Defense or, in the case of the Coast Guard when not operating 

as a service in the Navy, of the Department of Homeland Security. 

For purposes of this section, the term ‘‘employee’’ includes a civilian 

officer. 

(b) DESIGNATED ENTITIES.—The Secretary of Defense, and the 

Secretary of Homeland Security in the case of the Coast Guard 

when it is not operating as a service in the Navy, shall designate 

those entities for which authorization under subsection (a) may be 

provided. The list of entities so designated may not be revised more 

frequently than semiannually. In making such designations, the 

Secretary shall designate each military welfare society named in 

paragraph (2) of section 1033(b) of this title and may designate any 

other entity described in paragraph (3) of such section. No other 

entities may be designated. 

(c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED

PERSONS.—A designation of an entity under subsection (b), and an 

authorization under subsection (a) of an employee to participate in 

the management of such an entity, shall be published in the Federal Register. 

(d) CIVILIANS OUTSIDE THE MILITARY DEPARTMENTS.—In this 

section, the term ‘‘Secretary concerned’’ includes the Secretary of 

Defense with respect to employees of the Department of Defense 

who are not employees of a military department. 

(e) REGULATIONS.—The Secretary of Defense, and the Secretary 

of Homeland Security in the case of the Coast Guard when it is not 

operating as a service in the Navy, shall prescribe regulations to 

carry out this section. 

(Added Pub. L. 105–85, div. A, title V, Sec. 593(b)(1), Nov. 18, 1997, 111 Stat. 1763; amended 

Pub. L. 107–296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) 

[§ 1590. Repealed. Pub. L. 104–201, div. A, title XVI, Sec. 

1633(a), Sept. 23, 1996, 110 Stat. 2751] 

§ 1591. Reimbursement for travel and transportation expenses when accompanying Members of Congress 

(a) Subject to subsection (b), the Secretary concerned may authorize reimbursement to a civilian employee who is accompanying 

a Member of Congress or a congressional employee on official travel 

for actual travel and transportation expenses incurred for such 

travel. 

(b) The allowance provided in subsection (a) may be paid— 

(1) at a rate that does not exceed the rate approved for official congressional travel; and 

(2) only when the travel of the member is directed or approved by the Secretary concerned. 
§ 1592 CH. 81—CIVILIAN EMPLOYEES 890 

(c) In this section: 

(1) The term ‘‘Member of Congress’’ means a member of 

the Senate or the House of Representatives, a Delegate to the 

House of Representatives, and the Resident Commissioner 

from Puerto Rico. 

(2) The term ‘‘congressional employee’’ means an employee 

of a Member of Congress or an employee of Congress. 

(3) The term ‘‘Secretary concerned’’ includes the Secretary 

of Defense with respect to civilian employees of the Department of Defense other than a military department. 

(Added Pub. L. 100–180, div. A, title VI, Sec. 617(b)(1), Dec. 4, 1987, 101 Stat. 1097.) 

§ 1592. Prohibition on payment of severance pay to foreign 

nationals in the event of certain overseas base closures 

Funds available to the Department of Defense (including funds 

in the Foreign National Employees Separation Pay Account, Defense, established under section 1581 of this title) may not be used 

to pay severance pay to a foreign national employed by the Department of Defense under a contract, a treaty, or a memorandum of 

understanding with a foreign nation that provides for payment of 

separation pay if the termination of the employment of the foreign 

national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country. 

(Added Pub. L. 101–189, div. A, title III, Sec. 311(b)(1), Nov. 29, 1989, 103 Stat. 1411; amended 

Pub. L. 102–190, div. A, title X, Sec. 1003(b), Dec. 5, 1991, 105 Stat. 1456; Pub. L. 102–484, 

div. A, title X, Sec. 1052(21), Oct. 23, 1992, 106 Stat. 2500.) 

§ 1593. Uniform allowance: civilian employees 

(a) ALLOWANCE AUTHORIZED.—(1) The Secretary of Defense 

may pay an allowance to each civilian employee of the Department 

of Defense who is required by law or regulation to wear a prescribed uniform in the performance of official duties. 

(2) In lieu of providing an allowance under paragraph (1), the 

Secretary may provide a uniform to a civilian employee referred to 

in such paragraph. 

(3) This subsection shall not apply with respect to a civilian 

employee of the Defense Intelligence Agency who is entitled to an 

allowance under section 1622 of this title. 

(b) AMOUNT OF ALLOWANCE.—Notwithstanding section 5901(a) 

of title 5, the amount of an allowance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not 

exceed $400 per year (or such higher maximum amount as the Secretary of Defense may by regulation prescribe). 

(c) TREATMENT OF ALLOWANCE.—An allowance paid, or uniform 

provided, under subsection (a) shall be treated in the same manner 

as is provided in section 5901(c) of title 5 for an allowance paid 

under that section. 

(d) USE OF APPROPRIATED FUNDS FOR ALLOWANCE.—Amounts 

appropriated annually to the Department of Defense for the pay of 

civilian employees may be used for uniforms, or for allowance for 

uniforms, as authorized by this section and section 5901 of title 5. 
891 § 1595 CH. 81—CIVILIAN EMPLOYEES 

(Added Pub. L. 101–189, div. A, title III, Sec. 336(a)(1), Nov. 29, 1989, 103 Stat. 1419; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1481(d)(3), Nov. 5, 1990, 104 Stat. 1706; Pub. L. 104– 

201, div. A, title XVI, Sec. 1633(e)(1), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 110–181, div. A, 

title XI, Sec. 1113, Jan. 28, 2008, 122 Stat. 360.) 

§ 1594. Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay 

(a)(1) A civilian officer or employee of the Department of Defense who, in accordance with law or regulation, participates in a 

program for the automatic deposit of pay to a financial institution 

may be reimbursed for a covered late-deposit charge. 

(2) A covered late-deposit charge for purposes of paragraph (1) 

is a charge (including an overdraft charge or a minimum balance 

charge) that is levied by a financial institution and that results 

from an administrative or mechanical error on the part of the Government that causes the pay of the officer or employee concerned 

to be deposited late or in an incorrect manner or amount. 

(b) Reimbursements under this section shall be made from appropriations available for the pay of the officer or employee concerned. 

(c) The Secretaries concerned shall prescribe regulations to 

carry out this section, including regulations for the manner in 

which reimbursement under this section is to be made. 

(d) In this section: 

(1) The term ‘‘financial institution’’ means a bank, savings 

and loan association, or similar institution or a credit union 

chartered by the United States or a State. 

(2) The term ‘‘pay’’ includes allowances. 

(Added Pub. L. 101–189, div. A, title VI, Sec. 664(b)(1), Nov. 29, 1989, 103 Stat. 1466; amended 

Pub. L. 101–510, div. A, title XIV, Sec. 1484(k)(6), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102– 

25, title VII, Sec. 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 105–261, div. A, title V, Sec. 

564(b), Oct. 17, 1998, 112 Stat. 2029.) 

§ 1595. Civilian faculty members at certain Department of 

Defense schools: employment and compensation 

(a) AUTHORITY OF SECRETARY.—The Secretary of Defense may 

employ as many civilians as professors, instructors, and lecturers 

at the institutions specified in subsection (c) as the Secretary considers necessary. 

(b) COMPENSATION OF FACULTY MEMBERS.—The compensation 

of persons employed under this section shall be as prescribed by 

the Secretary. 

(c) COVERED INSTITUTIONS.—This section applies with respect 

to the following institutions of the Department of Defense: 

(1) The National Defense University. 

(2) The Foreign Language Center of the Defense Language 

Institute. 

(3) The English Language Center of the Defense Language 

Institute. 

(4) The Western Hemisphere Institute for Security Cooperation. 

(d) APPLICATION TO FACULTY MEMBERS AT NDU.—In the case 

of the National Defense University, this section applies with respect to persons selected by the Secretary for employment as pro-
§ 1596 CH. 81—CIVILIAN EMPLOYEES 892 

fessors, instructors, and lecturers at the National Defense University after February 27, 1990. 

(Added Pub. L. 101–189, div. A, title XI, Sec. 1124(a)(1), Nov. 29, 1989, 103 Stat. 1558; amended 

Pub. L. 102–25, title VII, Sec. 701(h)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 102–190, div. A, 

title IX, Sec. 911, Dec. 5, 1991, 105 Stat. 1452; Pub. L. 102–484, div. A, title IX, Sec. 923(a)(1), 

(2)(A), Oct. 23, 1992, 106 Stat. 2474; Pub. L. 103–160, div. A, title IX, Sec. 923(a)(1), Nov. 30, 

1993, 107 Stat. 1731; Pub. L. 104–201, div. A, title XVI, Sec. 1607, Sept. 23, 1996, 110 Stat. 

2737; Pub. L. 105–85, div. A, title IX, Secs. 921(c), 922(b), Nov. 18, 1997, 111 Stat. 1863; Pub. 

L. 108–136, div. A, title XI, Sec. 1115, Nov. 24, 2003, 117 Stat. 1636; Pub. L. 109–364, div. A, 

title IX, Sec. 904(b)(1), Oct. 17, 2006, 120 Stat. 2353.) 

§ 1596. Foreign language proficiency: special pay for proficiency beneficial for intelligence interests 

(a) The Secretary of Defense may pay special pay under this 

section to a civilian officer or employee of the Department of Defense who— 

(1) has been certified as being proficient in a foreign language identified by the Secretary of Defense as being a language in which proficiency by civilian personnel of the Department is important for the effective collection, production, or 

dissemination of foreign intelligence information; and 

(2) is serving in a position, or is subject to assignment to 

a position, in which proficiency in that language facilitates performance of officially assigned intelligence or intelligence-related duties. 

(b) The annual rate of special pay under subsection (a) shall 

be determined by the Secretary of Defense. 

(c) Special pay under this section may be paid in addition to 

any compensation authorized under section 1602 of this title for 

which an officer or employee is eligible. 

(Added Pub. L. 101–193, title V, Sec. 501(a)(1), Nov. 30, 1989, 103 Stat. 1707, Sec. 1592; renumbered Sec. 1596, Pub. L. 101–510, div. A, title XIV, Sec. 1484(a), Nov. 5, 1990, 104 Stat. 1715; 

amended Pub. L. 104–201, div. A, title XVI, Sec. 1633(e)(2), Sept. 23, 1996, 110 Stat. 2752; Pub. 

L. 106–398, Sec. 1 [[div. A], title XI, Sec. 1131(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–317.) 

§ 1596a. Foreign language proficiency: special pay for proficiency beneficial for other national security interests 

(a) AUTHORITY.—The Secretary of Defense may pay special pay 

under this section to an employee of the Department of Defense 

who— 

(1) has been certified by the Secretary to be proficient in 

a foreign language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests; 

(2) is assigned duties requiring proficiency in that foreign 

language; and 

(3) is not receiving special pay under section 1596 of this 

title. 

(b) RATE.—The rate of special pay for an employee under this 

section shall be prescribed by the Secretary, but may not exceed 

five percent of the employee’s rate of basic pay. 

(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 

pay under this section is in addition to any other pay or allowances 

to which the employee is entitled. 

(d) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. 
893 § 1596b CH. 81—CIVILIAN EMPLOYEES 

(Added Pub. L. 106–398, Sec. 1 [[div. A], title XI, Sec. 1131(a)], Oct. 30, 2000, 114 Stat. 1654, 

1654A–317; amended Pub. L. 108–375, div. A, title XI, Sec. 1102(a), Oct. 28, 2004, 118 Stat. 

2072.) 

§ 1596b. Foreign language proficiency: National Foreign 

Language Skills Registry 

(a) ESTABLISHMENT.—(1) The Secretary of Defense may establish and maintain a registry of persons who— 

(A) have proficiency in one or more critical foreign languages; 

(B) are willing to provide linguistic services to the United 

States in the interests of national security during war or a national emergency; and 

(C) meet the eligibility requirements of subsection (b). 

(2) The registry shall be known as the ‘‘National Foreign Language Skills Registry’’ (in this section referred to as the ‘‘Registry’’). 

(b) ELIGIBLE PERSONS.—To be eligible for listing on the Registry, a person— 

(1) must be— 

(A) a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(22))); or 

(B) an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(20))); 

(2) shall express willingness, in a form and manner prescribed by the Secretary— 

(A) to provide linguistic services for a foreign language 

as described in subsection (a); and 

(B) to be listed on the Registry; and 

(3) shall meet such language proficiency and other selection criteria as may be prescribed by the Secretary. 

(c) REGISTERED INFORMATION.—The Registry shall consist of 

the following: 

(1) The names of eligible persons selected by the Secretary 

for listing on the Registry. 

(2) Such other information on such persons as the Secretary determines pertinent to the use of such persons to provide linguistic services as described in subsection (a). 

(d) PROTECTION OF PRIVACY.—The Secretary may withhold 

from public disclosure the information maintained in the Registry 

in accordance with section 552a of title 5. 

(e) DESIGNATION OF CRITICAL FOREIGN LANGUAGES.—The Secretary shall designate those languages that are critical foreign languages for the purposes of this section. The Secretary shall make 

such a designation for any foreign language for which there is a 

shortage of experts in translation or interpretation available to 

meet requirements of the Secretary or of the head of any other department or agency of the United States for translation or interpretation in the national security interests of the United States. 

(f) LINGUISTIC SERVICES DEFINED.—In this section, the term 

‘‘linguistic services’’ means translation or interpretation of communication in a foreign language. 

(Added Pub. L. 107–314, div. A, title X, Sec. 1064(a)(1), Dec. 2, 2002, 116 Stat. 2653.) 
§ 1597 CH. 81—CIVILIAN EMPLOYEES 894 

§ 1597. Civilian positions: guidelines for reductions 

(a) REQUIREMENT OF GUIDELINES FOR REDUCTIONS IN CIVILIAN

POSITIONS.—Reductions in the number of civilian positions of the 

Department of Defense during a fiscal year, if any, shall be carried 

out in accordance with the guidelines established pursuant to subsection (b). 

(b) GUIDELINES.—The Secretary of Defense shall establish 

guidelines for the manner in which reductions in the number of civilian positions of the Department of Defense are made. The guidelines shall include procedures for reviewing civilian positions for reductions according to the following order: 

(1) Positions filled by foreign national employees overseas. 

(2) All other positions filled by civilian employees overseas. 

(3) Overhead, indirect, and administrative positions in 

headquarters or field operating agencies in the United States. 

(4) Direct operating or production positions in the United 

States. 

(c) MASTER PLAN.—(1) The Secretary of Defense shall include 

in the materials submitted to Congress in support of the budget request for the Department of Defense for each fiscal year a civilian 

positions master plan described in paragraph (2) for the Department of Defense as a whole and for each military department, Defense Agency, and other principal component of the Department of 

Defense. 

(2) The master plan referred to in paragraph (1) shall include 

the information described in paragraph (3). Such information shall 

include information for each of the two fiscal years immediately 

preceding such fiscal year and projected information for such fiscal 

year and each of the two fiscal years immediately following such 

fiscal year. 

(3) The information referred to in paragraph (2) is the following: 

(A) A profile of the levels of civilian positions sufficient to 

establish and maintain a baseline for tracking annual accessions and losses of civilian positions and to provide for the 

analysis of trends in the levels of civilian positions within the 

Department of Defense as a whole and for each military department, major subordinate command of each military department, Defense Agency, and other principal component of the 

Department of Defense. The profile shall include information 

on the following: 

(i) The total number of civilian employees. 

(ii) Of the total number of civilian employees, the 

number of civilian employees in the United States, the 

number of civilian employees overseas, and the number of 

foreign national employees overseas. 

(iii) Of the total number of civilian employees at the 

end of each fiscal year covered by the master plan, the 

number of full-time employees, the number of part-time 

employees, and the number of temporary and on-call employees. 

(iv) Accessions and losses of civilian positions, shown 

in the aggregate and by the number of full-time employees, 
895 § 1597 CH. 81—CIVILIAN EMPLOYEES 

the number of part-time employees, and the number of 

temporary and on-call employees. 

(v) The number of losses of civilian positions, by appropriation account, due to reductions in force, furloughs, 

or functional transfers or other significant transfers of 

work away from the military department, Defense Agency, 

or other component. 

(vi) The extent to which accessions and losses of civilian positions are due to functional transfers or competitive 

actions that are related to the Department of Defense 

management review initiatives of the Secretary of Defense. 

(vii) The total number of individuals employed by contractors and subcontractors of the Department of Defense 

under a contract or subcontract entered into pursuant to 

Office of Management and Budget Circular A–76 to perform commercial activities for the Department of Defense, 

a military department, a defense agency, or other component. 

(B) For industrial-type and commercial-type activities 

funded through the Defense Business Operations Fund, the following information: 

(i) Annual trends in the amount of funded workload 

for each activity, based upon the average number of 

months of accumulated, funded workload to be performed, 

or projected to be performed, by the activity. 

(ii) The extent to which such workload is funded by 

funds that are appropriated from appropriation accounts 

and managed through the Defense Business Operations 

Fund. 

(C) Information that indicates trends in the extent to 

which the military department, Defense Agency, or other component enters into contracts with persons outside of the Department of Defense, rather than uses civilian positions, to 

perform work for the military department, Defense Agency, or 

other component. 

(D) Information that indicates the extent to which the Department of Defense management review initiatives of the Secretary of Defense and other productivity enhancement programs of the Department of Defense significantly affect the 

number of losses of civilian positions, particularly administrative and management positions. 

(4) The Secretary of Defense shall include in the materials referred to in paragraph (1) a report on the implementation of the 

master plan for the fiscal year immediately preceding the fiscal 

year for which such materials are submitted. 

(d) EXCEPTIONS.—The Secretary of Defense may permit a variation from the guidelines established under subsection (b) or a 

master plan prepared under subsection (c) if the Secretary determines that such variation is critical to the national security. The 

Secretary shall immediately notify the Congress of any such variation and the reasons for such variation. 

(e) INVOLUNTARY REDUCTIONS OF CIVILIAN POSITIONS.—The 

Secretary of Defense may not implement any involuntary reduction 

or furlough of civilian positions in a military department, Defense 
§ 1598 CH. 81—CIVILIAN EMPLOYEES 896 

Agency, or other component of the Department of Defense until the 

expiration of the 45-day period beginning on the date on which the 

Secretary submits to Congress a report setting forth the reasons 

why such reductions or furloughs are required and a description of 

any change in workload or positions requirements that will result 

from such reductions or furloughs. 

(Added Pub. L. 101–510, div. A, title III, Sec. 322(a)(1), Nov. 5, 1990, 104 Stat. 1528; amended 

Pub. L. 102–484, div. A, title III, Sec. 371(a), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 103–35, 

title II, Sec. 201(d)(1), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title III, Sec. 363, 

Nov. 30, 1993, 107 Stat. 1628.) 

§ 1598. Assistance to terminated employees to obtain certification and employment as teachers or employment 

as teachers’ aides 

(a) PLACEMENT PROGRAM.—The Secretary of Defense may establish a program— 

(1) to assist eligible civilian employees of the Department 

of Defense and the Department of Energy after the termination 

of their employment to obtain— 

(A) certification or licensure as elementary or secondary school teachers; or 

(B) the credentials necessary to serve as teachers’ 

aides; and 

(2) to facilitate the employment of such employees by local 

educational agencies that— 

(A) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 

et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; and 

(B) are also experiencing a shortage of teachers or 

teachers’ aides. 

(b) ELIGIBLE EMPLOYEES.—(1) A civilian employee of the Department of Defense or the Department of Energy shall be eligible 

for selection by the Secretary of Defense to participate in the placement program authorized by subsection (a) if the employee— 

(A) during the five-year period beginning October 1, 1992, 

is terminated from such employment as a result of reductions 

in defense spending or the closure or realignment of a military 

installation, as determined by the Secretary of Defense or the 

Secretary of Energy, as the case may be; 

(B) has received— 

(i) in the case of an employee applying for assistance 

for placement as an elementary or secondary school teacher, a baccalaureate or advanced degree from an accredited 

institution of higher education; or 

(ii) in the case of an employee applying for assistance 

for placement as a teacher’s aide in an elementary or secondary school, an associate, baccalaureate, or advanced degree from an accredited institution of higher education or 

a junior or community college; and 

(C) satisfies such other criteria for selection as the Secretary of Defense may prescribe. 

(2) The Secretary of Defense may accept an application from a 

civilian employee referred to in paragraph (1) who was terminated 

during the period beginning on October 1, 1990, and ending on Oc-
897 § 1598 CH. 81—CIVILIAN EMPLOYEES 

tober 1, 1992, if the employee otherwise satisfies the eligibility criteria specified in that paragraph. 

(c) SELECTION OF PARTICIPANTS.—(1) Selection of civilian employees to participate in the placement program shall be made on 

the basis of applications submitted to the Secretary of Defense 

after the employees receive a notice of termination. An application 

shall be filed within such time, in such form, and contain such information as the Secretary of Defense may require. 

(2) In selecting participants to receive assistance for placement 

as elementary or secondary school teachers, the Secretary of Defense shall give priority to civilian employees who— 

(A) have educational, military, or employment experience 

in science, mathematics, or engineering and agree to seek employment as science, mathematics, or engineering teachers in 

elementary or secondary schools; or 

(B) have educational, military, or employment experience 

in another subject area identified by the Secretary, in consultation with the Secretary of Education, as important for national 

educational objectives and agree to seek employment in that 

subject area in elementary or secondary schools. 

(3) The Secretary of Defense may not select a civilian employee 

to participate in the program unless the Secretary has sufficient 

appropriations for the placement program available at the time of 

the selection to satisfy the obligations to be incurred by the United 

States under the program with respect to that member. 

(d) AGREEMENT.—A civilian employee selected to participate in 

the placement program shall be required to enter into an agreement with the Secretary of Defense in which the employee agrees— 

(1) to obtain, within such time as the Secretary may require, certification or licensure as an elementary or secondary 

school teacher or the necessary credentials to serve as a teacher’s aide in an elementary or secondary school; and 

(2) to accept— 

(A) in the case of an employee selected for assistance 

for placement as a teacher, an offer of full-time employment as an elementary or secondary school teacher for not 

less than two school years with a local educational agency 

identified under section 1151(b)(2) of this title, as in effect 

on October 4, 1999, to begin the school year after obtaining 

that certification or licensure; or 

(B) in the case of an employee selected for assistance 

for placement as a teacher’s aide, an offer of full-time employment as a teacher’s aide in an elementary or secondary school for not less than two school years with a 

local educational agency identified under section 1151(b)(3) 

of this title, as in effect on October 4, 1999, to begin the 

school year after obtaining the necessary credentials. 

(e) STIPEND FOR PARTICIPANTS.—(1) Except as provided in 

paragraph (2), the Secretary of Defense shall pay to each participant in the placement program a stipend in an amount equal to the 

lesser of— 

(A) $5,000; or 

(B) the total costs of the type described in paragraphs (1), 

(2), (3), (8), and (9) of section 472 of the Higher Education Act 
[§ 1599 CH. 81—CIVILIAN EMPLOYEES 898 

of 1965 (20 U.S.C. 1087ll) incurred by the participant while obtaining teacher certification or licensure or the necessary credentials to serve as a teacher’s aide and employment as an elementary or secondary school teacher or teacher aide. 

(2) A civilian employee selected to participate in the placement 

program who receives separation pay under section 5597 of title 5 

shall not be paid a stipend under paragraph (1). 

(3) A stipend paid under paragraph (1) shall be taken into account in determining the eligibility of the participant for Federal 

student financial assistance provided under title IV of the Higher 

Education Act of 1965 (20 U.S.C. 1070 et seq.). 

(f) PLACEMENT OF PARTICIPANTS AS TEACHERS AND TEACHERS’ 

AIDES.—Subsections (h) through (k) of section 1151 of this title, as 

in effect on October 4, 1999, shall apply with respect to the placement program authorized by this section. 

(Added Pub. L. 102–484, div. D, title XLIV, Sec. 4442(a), Oct. 23, 1992, 106 Stat. 2730; amended 

Pub. L. 103–35, title II, Sec. 201(h)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103–160, div. A, 

title XIII, Sec. 1331(c)(2), Nov. 30, 1993, 107 Stat. 1792; Pub. L. 103–382, title III, Sec. 391(b)(3), 

Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, Sec. 1503(a)(14), Feb. 10, 1996, 

110 Stat. 511; Pub. L. 104–201, div. A, title V, Sec. 576(b), Sept. 23, 1996, 110 Stat. 2535; Pub. 

L. 106–398, Sec. 1 [[div. A], title X, Sec. 1087(a)(11)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.) 

[§ 1599. Renumbered 1611] 

§ 1599a. Financial assistance to certain employees in acquisition of critical skills 

(a) TRAINING PROGRAM.—The Secretary of Defense shall establish an undergraduate training program with respect to civilian 

employees in the Military Department Civilian Intelligence Personnel Management System that is similar in purpose, conditions, 

content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Act of 

1959 (50 U.S.C. 402 note) for civilian employees of the National Security Agency. 

(b) USE OF FUNDS FOR TRAINING PROGRAM.—Any payment 

made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to 

the extent that appropriated funds are available for that purpose. 

(Added Pub. L. 104–93, title V, Sec. 505(a), Jan. 6, 1996, 109 Stat. 973.) 

§ 1599b. Employees abroad: travel expenses; health care 

(a) IN GENERAL.—The Secretary of Defense may provide civilian employees, and members of their families, abroad with benefits 

that are comparable to certain benefits that are provided by the 

Secretary of State to members of the Foreign Service and their 

families abroad as described in subsections (b) and (c). The Secretary may designate the employees and members of families who 

are eligible to receive the benefits. 

(b) TRAVEL AND RELATED EXPENSES.—The Secretary of Defense 

may pay travel expenses and related expenses for purposes and in 

amounts that are comparable to the purposes for which, and the 

amounts in which, travel and related expenses are paid by the Secretary of State under section 901 of the Foreign Service Act of 1980 

(22 U.S.C. 4081). 

(c) HEALTH CARE PROGRAM.—The Secretary of Defense may establish a health care program that is comparable to the health care 
899 § 1599c CH. 81—CIVILIAN EMPLOYEES 

program established by the Secretary of State under section 904 of 

the Foreign Service Act of 1980 (22 U.S.C. 4084). 

(d) ASSISTANCE.—The Secretary of Defense may enter into 

agreements with the heads of other departments and agencies of 

the Government in order to facilitate the payment of expenses authorized by subsection (b) and to carry out a health care program 

authorized by subsection (c). 

(e) ABROAD DEFINED.—In this section, the term ‘‘abroad’’ 

means outside— 

(1) the United States; and 

(2) the territories and possessions of the United States. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1604(a), Sept. 23, 1996, 110 Stat. 2735.) 

§ 1599c. Health care professionals: enhanced appointment 

and compensation authority for personnel for care 

and treatment of wounded and injured members of 

the armed forces 

(a) IN GENERAL.—(1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment 

and pay of health care personnel under chapter 74 of title 38 for 

purposes of the recruitment, employment, and retention of civilian 

health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary 

in order to provide or enhance the capacity of the Department to 

provide care and treatment for members of the armed forces who 

are wounded or injured on active duty in the armed forces and to 

support the ongoing patient care and medical readiness, education, 

and training requirements of the Department of Defense. 

(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5, 

the Secretary of Defense may— 

(i) designate any category of medical or health professional 

positions within the Department of Defense as a shortage category occupation or critical need occupation; and 

(ii) utilize the authorities in such sections to recruit and 

appoint qualified persons directly in the competitive service to 

positions so designated. 

(B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 

of title 5. 

(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements. 

(b) RECRUITMENT OF PERSONNEL.—(1) The Secretaries of the 

military departments shall each develop and implement a strategy 

to disseminate among appropriate personnel of the military departments authorities and best practices for the recruitment of medical 

and health professionals, including the authorities under subsection (a). 

(2) Each strategy under paragraph (1) shall— 

(A) assess current recruitment policies, procedures, and 

practices of the military department concerned to assure that 

such strategy facilitates the implementation of efficiencies 
§ 1599d CH. 81—CIVILIAN EMPLOYEES 900 

which reduce the time required to fill vacant positions for medical and health professionals; and 

(B) clearly identify processes and actions that will be used 

to inform and educate military and civilian personnel responsible for the recruitment of medical and health professionals. 

(c) TERMINATION OF AUTHORITY.—(1) The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities 

available under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense expires December 31, 2015. 

(2) The Secretary may not appoint a person to a position of employment under subsection (a)(2) after December 31, 2015. 

(Added Pub. L. 107–107, div. A, title XI, Sec. 1104(a), Dec. 28, 2001, 115 Stat. 1236; amended 

Pub. L. 110–181, div. A, title XVI, Sec. 1636(a), Jan. 28, 2008, 122 Stat. 463; Pub. L. 110–417, 

[div. A], title XI, Sec. 1107, Oct. 14, 2008, 122 Stat. 4617; Pub. L. 111–383, div. A, title X, Sec. 

1075(b)(22), title XI, Sec. 1104, Jan. 7, 2011, 124 Stat. 4370, 4383.) 

§ 1599d. Professional accounting positions: authority to prescribe certification and credential standards 

(a) AUTHORITY TO PRESCRIBE PROFESSIONAL CERTIFICATION

STANDARDS.—The Secretary of Defense may prescribe professional 

certification and credential standards for professional accounting 

positions within the Department of Defense. Any such standard 

shall be prescribed as a Department of Defense regulation. 

(b) WAIVER AUTHORITY.—The Secretary may waive any standard prescribed under subsection (a) whenever the Secretary determines such a waiver to be appropriate. 

(c) APPLICABILITY.—A standard prescribed under subsection (a) 

shall not apply to any person employed by the Department of Defense before the standard is prescribed. 

(d) REPORT.—The Secretary of Defense shall submit to Congress a report on the Secretary’s plans to provide training to appropriate Department of Defense personnel to meet any new professional and credential standards prescribed under subsection (a). 

Such report shall be prepared in conjunction with the Director of 

the Office of Personnel Management. Such a report shall be submitted not later than one year after the effective date of any regulations, or any revision to regulations, prescribed pursuant to subsection (a). 

(e) DEFINITION.—In this section, the term ‘‘professional accounting position’’ means a position or group of positions in the 

0505, 0510, 0511, or equivalent series that involves professional accounting work. 

(Added Pub. L. 107–314, div. A, title XI, Sec. 1104(a)(1), Dec. 2, 2002, 116 Stat. 2661; amended 

Pub. L. 110–417, [div. A], title XI, Sec. 1110, Oct. 14, 2008, 122 Stat. 4619.) 
901 

CHAPTER 83—CIVILIAN DEFENSE INTELLIGENCE 

EMPLOYEES 

Subchapter Sec. 

I. Defense-Wide Intelligence Personnel Policy ............................................ 1601 

II. Defense Intelligence Agency Personnel .................................................... 1621 

SUBCHAPTER I—DEFENSE-WIDE INTELLIGENCE 

PERSONNEL POLICY 

Sec. 

1601. Civilian intelligence personnel: general authority to establish excepted positions, appoint personnel, and fix rates of pay. 

1602. Basic pay. 

1603. Additional compensation, incentives, and allowances. 

[1604. Repealed.] 

1605. Benefits for certain employees assigned outside the United States. 

1606. Defense Intelligence Senior Executive Service. 

1607. Intelligence Senior Level positions. 

1608. Time-limited appointments. 

1609. Termination of defense intelligence employees. 

1610. Reductions and other adjustments in force. 

1611. Postemployment assistance: certain terminated intelligence employees. 

1612. Merit system principles and civil service protections: applicability. 

1613. Miscellaneous provisions. 

1614. Definitions. 

§ 1601. Civilian intelligence personnel: general authority to 

establish excepted positions, appoint personnel, 

and fix rates of pay 

(a) GENERAL AUTHORITY.—The Secretary of Defense may— 

(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as 

the Secretary determines necessary to carry out the intelligence functions of the Department, including— 

(A) Intelligence Senior Level positions designated 

under section 1607 of this title; and 

(B) positions in the Defense Intelligence Senior Executive Service; 

(2) appoint individuals to those positions (after taking into 

consideration the availability of preference eligibles for appointment to those positions); and 

(3) fix the compensation of such individuals for service in 

those positions. 

(b) CONSTRUCTION WITH OTHER LAWS.—The authority of the 

Secretary of Defense under subsection (a) applies without regard to 

the provisions of any other law relating to the appointment, number, classification, or compensation of employees. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 106–398, Sec. 1 ((div. A), title XI, Sec. 1141(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A– 

318.) 
§ 1602 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 902 

§ 1602. Basic pay 

(a) AUTHORITY TO FIX RATES OF BASIC PAY.—The Secretary of 

Defense (subject to the provisions of this section) shall fix the rates 

of basic pay for positions established under section 1601 of this 

title in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation. 

(b) PREVAILING RATE SYSTEMS.—The Secretary of Defense may, 

consistent with section 5341 of title 5, adopt such provisions of that 

title as provide for prevailing rate systems of basic pay and may 

apply those provisions to positions for civilian employees in or 

under which the Department of Defense may employ individuals 

described by section 5342(a)(2)(A) of that title. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108–375, div. A, title XI, Sec. 1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109– 

364, div. A, title X, Sec. 1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.) 

§ 1603. Additional compensation, incentives, and allowances 

(a) ADDITIONAL COMPENSATION BASED ON TITLE 5 AUTHORITIES.—The Secretary of Defense may provide employees in defense 

intelligence positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and 

not in excess of the level authorized for, comparable positions authorized by title 5. 

(b) ALLOWANCES BASED ON LIVING COSTS AND ENVIRONMENT.— 

(1) In addition to basic pay, employees in defense intelligence positions who are citizens or nationals of the United States and are 

stationed outside the continental United States or in Alaska may 

be paid an allowance, in accordance with regulations prescribed by 

the Secretary of Defense, while they are so stationed. 

(2) An allowance under this subsection shall be based on— 

(A) living costs substantially higher than in the District of 

Columbia; 

(B) conditions of environment which (i) differ substantially 

from conditions of environment in the continental United 

States, and (ii) warrant an allowance as a recruitment incentive; or 

(C) both of the factors specified in subparagraphs (A) and 

(B). 

(3) An allowance under this subsection may not exceed the allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746.) 

[§ 1604. Repealed. Pub. L. 104–201, div. A, title XVI, Sec. 

1632(a)(3), Sept. 23, 1996, 110 Stat. 2745] 

§ 1605. Benefits for certain employees assigned outside the 

United States 

(a)(1) The Secretary of Defense may provide to civilian personnel described in subsection (d) allowances and benefits comparable to those provided by the Secretary of State to officers and 

employees of the Foreign Service under paragraphs (2), (3), (4), (5), 
903 § 1606 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 

(6), (7), (8), and (13) of section 901 and sections 705 and 903 of the 

Foreign Service Act of 1980 (22 U.S.C. 4081(2), (3), (4), (5), (6), (7), 

(8), and (13), 4025, 4083) and under section 5924(4) of title 5. 

(2) The Secretary may also provide to any such civilian personnel special retirement accrual benefits in the same manner provided for certain officers and employees of the Central Intelligence 

Agency in section 303 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2153) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r). 

(b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to 

the extent that appropriated funds are available for such purpose. 

(c) Regulations prescribed under subsection (a) may not take 

effect until the Secretary of Defense has submitted such regulations to— 

(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

(d) Subsection (a) applies to civilian personnel of the Department of Defense who— 

(1) are United States nationals; 

(2) in the case of employees of the Defense Intelligence 

Agency, are assigned to duty outside the United States and, in 

the case of other employees, are assigned to Defense Attache ́

Offices or Defense Intelligence Agency Liaison Offices outside 

the United States; and 

(3) are designated by the Secretary of Defense for the purposes of subsection (a). 

(Added Pub. L. 98–215, title V, Sec. 501(a), Dec. 9, 1983, 97 Stat. 1478, Sec. 192; renumbered 

Sec. 1605 and amended Pub. L. 99–145, title XIII, Sec. 1302(a)(1), Nov. 8, 1985, 99 Stat. 737; 

Pub. L. 99–335, title V, Sec. 507(b), June 6, 1986, 100 Stat. 628; Pub. L. 99–569, title V, Sec. 

501, Oct. 27, 1986, 100 Stat. 3198; Pub. L. 101–193, title V, Sec. 505(a), Nov. 30, 1989, 103 Stat. 

1709; Pub. L. 102–496, title VIII, Sec. 803(d), Oct. 24, 1992, 106 Stat. 3253; Pub. L. 103–160, 

div. A, title XI, Sec. 1182(a)(3), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 104–93, title V, Sec. 

502(a), Jan. 6, 1996, 109 Stat. 972; Pub. L. 104–201, div. A, title XVI, Sec. 1633(c)(1), Sept. 23, 

1996, 110 Stat. 2751; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) 

§ 1606. Defense Intelligence Senior Executive Service 

(a) ESTABLISHMENT.—The Secretary of Defense may establish 

a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to section 1601(a) of this 

title that are equivalent to Senior Executive Service positions. The 

number of positions in the Defense Intelligence Senior Executive 

Service may not exceed 594. 

(b) REGULATIONS CONSISTENT WITH TITLE 5 PROVISIONS.—The 

Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the 

requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 

3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which 

a member of the Defense Intelligence Senior Executive Service is 

entitled shall be held or decided pursuant to those regulations), 

and subchapter II of chapter 43 of such title. To the extent that the 

Secretary determines it practicable to apply to members of, or ap-
§ 1607 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 904 

plicants for, the Defense Intelligence Senior Executive Service 

other provisions of title 5 that apply to members of, or applicants 

for, the Senior Executive Service, the Secretary shall also prescribe 

regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service. 

(c) AWARD OF RANK TO MEMBERS OF THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.—The President, based on the 

recommendations of the Secretary of Defense, may award a rank 

referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank shall 

be made in a manner consistent with the provisions of that section. 

(d) PERFORMANCE APPRAISALS.—(1) The Defense Intelligence 

Senior Executive Service shall be subject to a performance appraisal system which, as designed and applied, is certified by the 

Secretary of Defense under section 5307 of title 5 as making meaningful distinctions based on relative performance. 

(2) The performance appraisal system applicable to the Defense Intelligence Senior Executive Service under paragraph (1) 

may be the same performance appraisal system that is established 

and implemented within the Department of Defense for members 

of the Senior Executive Service. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 110 Stat. 2747; Pub. 

L. 106–398, Sec. 1 [[div. A], title XI, Sec. 1142], Oct. 30, 2000, 114 Stat. 1654, 1654A–319; Pub. 

L. 107–107, div. A, title XI, Sec. 1121, Dec. 28, 2001, 115 Stat. 1242; Pub. L. 108–375, div. A, 

title XI, Sec. 1103(b), Oct. 28, 2004, 118 Stat. 2073; Pub. L. 109–163, div. A, title XI, Sec. 1125, 

Jan. 6, 2006, 119 Stat. 3454.) 

§ 1607. Intelligence Senior Level positions 

(a) DESIGNATION OF POSITIONS.—The Secretary of Defense may 

designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary— 

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

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

(3) has no more than minimal supervisory responsibilities. 

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

(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR

LEVEL POSITIONS.—The President, based on the recommendations 

of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall 

be made in a manner consistent with the provisions of that section. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 110 Stat. 2747; amended 

Pub. L. 107–306, title V, Sec. 503, Nov. 27, 2002, 116 Stat. 2407.) 

§ 1608. Time-limited appointments 

(a) AUTHORITY FOR TIME-LIMITED APPOINTMENTS.—The Secretary of Defense may by regulation authorize appointing officials 

to make time-limited appointments to defense intelligence positions 

specified in the regulations. 

(b) REVIEW OF USE OF AUTHORITY.—The Secretary of Defense 

shall review each time-limited appointment in a defense intel-
905 § 1609 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 

ligence position at the end of the first year of the period of the appointment and determine whether the appointment should be continued for the remainder of the period. The continuation of a timelimited appointment after the first year shall be subject to the approval of the Secretary. 

(c) CONDITION ON PERMANENT APPOINTMENT TO DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.—An employee serving in 

a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in 

which the employee is serving) unless the employee is selected for 

the permanent appointment on a competitive basis. 

(d) TIME-LIMITED APPOINTMENT DEFINED.—In this section, the 

term ‘‘time-limited appointment’’ means an appointment (subject to 

the condition in subsection (b)) for a period not to exceed two years. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 110 Stat. 2748.) 

§ 1609. Termination of defense intelligence employees 

(a) TERMINATION AUTHORITY.—Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary— 

(1) considers that action to be in the interests of the 

United States; and 

(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security. 

(b) FINALITY.—A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and 

may not be appealed or reviewed outside the Department of Defense. 

(c) NOTIFICATION TO CONGRESSIONAL COMMITTEES.—Whenever 

the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall 

promptly notify the congressional oversight committees of such termination. 

(d) PRESERVATION OF RIGHT TO SEEK OTHER EMPLOYMENT.— 

Any termination of employment under this section does not affect 

the right of the employee involved to seek or accept employment 

with any other department or agency of the United States if that 

employee is declared eligible for such employment by the Director 

of the Office of Personnel Management. 

(e) LIMITATION ON DELEGATION.—The authority of the Secretary of Defense under this section may be delegated only to the 

Deputy Secretary of Defense, the head of an intelligence component 

of the Department of Defense (with respect to employees of that 

component), or the Secretary of a military department (with respect 

to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to 

the Secretary of Defense. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 110 Stat. 2748.) 
§ 1610 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 906 

§ 1610. Reductions and other adjustments in force 

(a) IN GENERAL.—The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, 

during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment 

in force notwithstanding sections 3501(b) and 3502 of title 5. 

(b) MATTERS TO BE GIVEN EFFECT.—The regulations shall give 

effect to the following: 

(1) Tenure of employment. 

(2) Military preference, subject to sections 3501(a)(3) and 

3502(b) of title 5. 

(3) The veteran’s preference under section 3502(b) of title 

5. 

(4) Performance. 

(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5. 

(c) REGULATIONS RELATING TO DEFENSE INTELLIGENCE SES.— 

The regulations relating to removal from the Defense Intelligence 

Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5. 

(d) RIGHT OF APPEAL.—(1) The regulations shall provide a right 

of appeal regarding a personnel action under the regulations. The 

appeal shall be determined within the Department of Defense. An 

appeal determined at the highest level provided in the regulations 

shall be final and not subject to review outside the Department of 

Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or 

procedures. 

(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible 

under the regulation determined by the Merit Systems Protection 

Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board. 

(e) CONSULTATION WITH OPM.—Regulations under this section 

shall be prescribed in consultation with the Director of the Office 

of Personnel Management. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 110 Stat. 2749.) 

§ 1611. Postemployment assistance: certain terminated intelligence employees 

(a) AUTHORITY.—Subject to subsection (c), the Secretary of Defense may, in the case of any individual who is a qualified former 

intelligence employee, use appropriated funds— 

(1) to assist that individual in finding and qualifying for 

employment other than in a defense intelligence position; 

(2) to assist that individual in meeting the expenses of 

treatment of medical or psychological disabilities of that individual; and 
907 § 1612 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 

(3) to provide financial support to that individual during 

periods of unemployment. 

(b) QUALIFIED FORMER INTELLIGENCE EMPLOYEES.—For purposes of this section, a qualified former intelligence employee is an 

individual who was employed as a civilian employee of the Department of Defense in a sensitive defense intelligence position— 

(1) who has been found to be ineligible for continued access 

to information designated as ‘‘Sensitive Compartmented Information’’ and employment in a defense intelligence position; or 

(2) whose employment in a defense intelligence position 

has been terminated. 

(c) CONDITIONS.—Assistance may be provided to a qualified 

former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to— 

(1) maintain the judgment and emotional stability of the 

qualified former intelligence employee; and 

(2) avoid circumstances that might lead to the unlawful 

disclosure of classified information to which the qualified 

former intelligence employee had access. 

(d) DURATION OF ASSISTANCE.—Assistance may not be provided 

under this section in the case of any individual after the end of the 

five-year period beginning on the date of the termination of the employment of the individual in a defense intelligence position. 

(Added Pub. L. 103–359, title VIII, Sec. 806(a)(1), Oct. 14, 1994, 108 Stat. 3441, Sec. 1599; 

amended Pub. L. 104–106, div. A, title XV, Sec. 1502(a)(11), Feb. 10, 1996, 110 Stat. 503; renumbered Sec. 1611 and amended Pub. L. 104–201, div. A, title XVI, Sec. 1632(c), Sept. 23, 

1996, 110 Stat. 2749; Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; 

Pub. L. 106–398, Sec. 1 [[div. A], title XI, Sec. 1141(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A– 

318; Pub. L. 107–107, div. A, title X, Sec. 1048(a)(15), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 

107–306, title VIII, Sec. 811(b)(4)(B), Nov. 27, 2002, 116 Stat. 2423; Pub. L. 108–177, title III, 

Sec. 361(h), Dec. 13, 2003, 117 Stat. 2625.) 

§ 1612. Merit system principles and civil service protections: 

applicability 

(a) APPLICABILITY OF MERIT SYSTEM PRINCIPLES.—Section 2301 

of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611). 

(b) CIVIL SERVICE PROTECTIONS.—(1) If, in the case of a position established under authority other than section 1601(a)(1) of 

this title that is reestablished as an excepted service position under 

that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the 

position is so reestablished and such provisions of law would not 

otherwise apply to the person while serving in the position as so 

reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service 

in that position for as long as the person continues to serve in the 

position without a break in service. 

(2) The provisions of law referred to in paragraph (1) are the 

following provisions of title 5: 

(A) Section 2302, relating to prohibited personnel practices. 

(B) Chapter 75, relating to adverse actions. 

(3)(A) Notwithstanding any provision of chapter 75 of title 5, 

an appeal of an adverse action by an individual employee covered 
§ 1613 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 908 

by paragraph (1) shall be determined within the Department of Defense if the employee so elects. 

(B) The Secretary of Defense shall prescribe the procedures for 

initiating and determining appeals of adverse actions pursuant to 

elections made under subparagraph (A). 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(d), Sept. 23, 1996, 110 Stat. 2750.) 

§ 1613. Miscellaneous provisions 

(a) COLLECTIVE BARGAINING AGREEMENTS.—Nothing in sections 1601 through 1603 and 1606 through 1610 may be construed 

to impair the continued effectiveness of a collective bargaining 

agreement with respect to an agency or office that is a successor 

to an agency or office covered by the agreement before the succession. 

(b) NOTICE TO CONGRESS OF REGULATIONS.—The Secretary of 

Defense shall notify Congress of any regulations prescribed to carry 

out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the 

congressional oversight committees not less than 60 days before 

such regulations take effect. 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(d), Sept. 23, 1996, 110 Stat. 2750; amended 

Pub. L. 105–85, div. A, title X, Sec. 1073(a)(32), Nov. 18, 1997, 111 Stat. 1902.) 

§ 1614. Definitions 

In this subchapter: 

(1) The term ‘‘defense intelligence position’’ means a civilian position as an intelligence officer or intelligence employee 

of the Department of Defense. 

(2) The term ‘‘intelligence component of the Department of 

Defense’’ means any of the following: 

(A) The National Security Agency. 

(B) The Defense Intelligence Agency. 

(C) National Geospatial-Intelligence Agency. 

(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense. 

(E) Any successor to a component specified in, or designated pursuant to, this paragraph. 

(3) The term ‘‘congressional oversight committees’’ 

means— 

(A) the Committee on Armed Services and the Select 

Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. 

(4) The term ‘‘excepted service’’ has the meaning given 

such term in section 2103 of title 5. 

(5) The term ‘‘preference eligible’’ has the meaning given 

such term in section 2108(3) of title 5. 

(6) The term ‘‘Senior Executive Service position’’ has the 

meaning given such term in section 3132(a)(2) of title 5. 

(7) The term ‘‘collective bargaining agreement’’ has the 

meaning given such term in section 7103(8) of title 5. 
909 § 1623 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 

(Added Pub. L. 104–201, div. A, title XVI, Sec. 1632(d), Sept. 23, 1997, 110 Stat. 2750; amended 

Pub. L. 106–65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, Sec. 

1 [[div. A], title XI, Sec. 1141(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–319; Pub. L. 108–136, 

div. A, title IX, Sec. 921(d)(7), Nov. 24, 2003, 117 Stat. 1569.) 

SUBCHAPTER II—DEFENSE INTELLIGENCE AGENCY 

PERSONNEL 

Sec. 

1621. Defense Intelligence Agency merit pay system. 

1622. Uniform allowance: civilian employees. 

1623. Financial assistance to certain employees in acquisition of critical skills. 

§ 1621. Defense Intelligence Agency merit pay system 

The Secretary of Defense may by regulation establish a merit 

pay system for such employees of the Defense Intelligence Agency 

as the Secretary considers appropriate. The merit pay system shall 

be designed to carry out purposes consistent with those set forth 

in section 5401 of title 5, as in effect on October 31, 1993. 

(Added Pub. L. 97–89, title VII, Sec. 701(a)(1), Dec. 4, 1981, 95 Stat. 1160, Sec. 1602; amended 

Pub. L. 98–615, title II, Sec. 204(b), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103–89, Sec. 3(b)(3)(A), 

Sept. 30, 1993, 107 Stat. 982; Pub. L. 103–359, title V, Sec. 501(b)(1)(C), Oct. 14, 1994, 108 Stat. 

3428; renumbered Sec. 1621 and amended Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(1), 

1633(d), Sept. 23, 1996, 110 Stat. 2745, 2752.) 

§ 1622. Uniform allowance: civilian employees 

(a) The Secretary of Defense may pay an allowance under this 

section to any civilian employee of the Defense Intelligence Agency 

who— 

(1) is assigned to a Defense Attache ́ Office outside the 

United States; and 

(2) is required by regulation to wear a prescribed uniform 

in performance of official duties. 

(b) Notwithstanding section 5901(a) of title 5, the amount of 

any such allowance shall be the greater of the following: 

(1) The amount provided for employees of the Department 

of State assigned to positions outside the United States and required by regulation to wear a prescribed uniform in performance of official duties. 

(2) The maximum allowance provided under section 

1593(b) of this title. 

(c) An allowance paid under this section shall be treated in the 

same manner as is provided in subsection (c) of section 5901 of title 

5 for an allowance paid under that section. 

(Added Pub. L. 100–178, title VI, Sec. 601(a), Dec. 2, 1987, 101 Stat. 1015, Sec. 1606; amended 

Pub. L. 101–189, div. A, title III, Sec. 336(b), Nov. 29, 1989, 103 Stat. 1419; renumbered Sec. 

1622, Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745.) 

§ 1623. Financial assistance to certain employees in acquisition of critical skills 

(a) The Secretary of Defense shall establish an undergraduate 

training program with respect to civilian employees of the Defense 

Intelligence Agency that is similar in purpose, conditions, content, 

and administration to the program which the Secretary of Defense 

is authorized to establish under section 16 of the National Security 

Agency Act of 1959 (50 U.S.C. 402 note) for civilian employees of 

the National Security Agency. 
§ 1623 CH. 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 910 

(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in 

any fiscal year only to the extent that appropriated funds are available for that purpose. 

(Added Pub. L. 101–193, title V, Sec. 507(a)(1), Nov. 30, 1989, 103 Stat. 1709, Sec. 1608; renumbered Sec. 1623, Pub. L. 104–201, div. A, title XVI, Sec. 1632(a)(2), Sept. 23, 1996, 110 Stat. 

2745.) 
911 

[CHAPTER 85—REPEALED] 

[§§ 1621 to 1624. Repealed. P.L. 101–510, § 1207(c), 104 Stat. 

1665] 

CHAPTER 87—DEFENSE ACQUISITION WORKFORCE 

Subchapter Sec. 

I. General Authorities and Responsibilities ................................................. 1701 

II. Defense Acquisition Positions ................................................................... 1721 

III. Acquisition Corps ....................................................................................... 1731 

IV. Education and Training ............................................................................. 1741 

V. General Management Provisions .............................................................. 1761 

SUBCHAPTER I—GENERAL AUTHORITIES AND 

RESPONSIBILITIES 

Sec. 

1701. Management policies. 

1701a. Management for acquisition workforce excellence. 

1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities. 

[1703. Repealed.] 

1704. Service acquisition executives: authorities and responsibilities. 

1705. Department of Defense Acquisition Workforce Development Fund. 

[1706, 1707. Repealed.] 

§ 1701. Management policies 

(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall 

establish policies and procedures for the effective management (including accession, education, training, and career development) of 

persons serving in acquisition positions in the Department of Defense. 

(b) UNIFORM IMPLEMENTATION.—The Secretary shall ensure 

that, to the maximum extent practicable, acquisition workforce 

policies and procedures established in accordance with this chapter 

are uniform in their implementation throughout the Department of 

Defense. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1638.) 

§ 1701a. Management for acquisition workforce excellence 

(a) PURPOSE.—The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce— 

(1) in which excellence and contribution to mission is rewarded; 

(2) which has the technical expertise and business skills to 

ensure the Department receives the best value for the expenditure of public resources; 
§ 1701a CH. 87—DEFENSE ACQUISITION WORKFORCE 912 

(3) which serves as a model for performance management 

of employees of the Department; and 

(4) which is managed in a manner that complements and 

reinforces the management of the defense acquisition system 

pursuant to chapter 149 of this title. 

(b) PERFORMANCE MANAGEMENT.—In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall— 

(1) use the full authorities provided in subsections (a) 

through (d) of section 9902 of title 5, including flexibilities related to performance management and hiring and to training 

of managers; 

(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give 

members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in section 2545 of this 

title); 

(3) to the extent appropriate, use the lessons learned from 

the acquisition demonstration project carried out under section 

1762 of this title related to contribution-based compensation 

and appraisal, and how those lessons may be applied within 

the General Schedule system; 

(4) develop attractive career paths; 

(5) encourage continuing education and training; 

(6) develop appropriate procedures for warnings during 

performance evaluations for members of the acquisition workforce who consistently fail to meet performance standards; 

(7) take full advantage of the Defense Civilian Leadership 

Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.); 

(8) use the authorities for highly qualified experts under 

section 9903 of title 5, to hire experts who are skilled acquisition professionals to— 

(A) serve in leadership positions within the acquisition 

workforce to strengthen management and oversight; 

(B) provide mentors to advise individuals within the 

acquisition workforce on their career paths and opportunities to advance and excel within the acquisition workforce; 

and 

(C) assist with the design of education and training 

courses and the training of individuals in the acquisition 

workforce; and 

(9) use the authorities for expedited security clearance 

processing pursuant to section 1564 of this title. 

(c) NEGOTIATIONS.—Any action taken by the Secretary under 

this section, or to implement this section, shall be subject to the requirements of chapter 71 of title 5. 

(d) REGULATIONS.—Any rules or regulations prescribed pursuant to this section shall be deemed an agency rule or regulation 

under section 7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such 

title. 

(Added Pub. L. 111–383, div. A, title VIII, Sec. 871(a), Jan. 7, 2011, 124 Stat. 4299.) 
913 § 1705 CH. 87—DEFENSE ACQUISITION WORKFORCE 

§ 1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities 

Subject to the authority, direction, and control of the Secretary 

of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition 

workforce in the Department of Defense. The Under Secretary shall 

ensure that the policies of the Secretary of Defense established in 

accordance with this chapter are implemented throughout the Department of Defense. The Under Secretary shall prescribe policies 

and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this 

title. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1638; amended 

Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105– 

261, div. A, title VIII, Sec. 815, Oct. 17, 1998, 112 Stat. 2088; Pub. L. 107–107, div. A, title 

X, Sec. 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225.) 

[§ 1703. Repealed. Pub. L. 108–136, div. A, title VIII, Sec. 

831(a), Nov. 24, 2003, 117 Stat. 1549] 

§ 1704. Service acquisition executives: authorities and responsibilities 

Subject to the authority, direction, and control of the Secretary 

of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and 

shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1639.) 

§ 1705. Department of Defense Acquisition Workforce Development Fund 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a fund to be known as the ‘‘Department of Defense Acquisition 

Workforce Development Fund’’ (in this section referred to as the 

‘‘Fund’’) to provide funds, in addition to other funds that may be 

available, for the recruitment, training, and retention of acquisition 

personnel of the Department of Defense. 

(b) PURPOSE.—The purpose of the Fund is to ensure that the 

Department of Defense acquisition workforce has the capacity, in 

both personnel and skills, needed to properly perform its mission, 

provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources. 

(c) MANAGEMENT.—The Fund shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for that 

purpose, from among persons with an extensive background in 

management relating to acquisition and personnel. 

(d) ELEMENTS.— 
§ 1705 CH. 87—DEFENSE ACQUISITION WORKFORCE 914 

(1) IN GENERAL.—The Fund shall consist of amounts as follows: 

(A) Amounts credited to the Fund under paragraph 

(2). 

(B) Amounts transferred to the Fund pursuant to 

paragraph (3). 

(C) Any other amounts appropriated to, credited to, or 

deposited into the Fund by law. 

(2) CREDITS TO THE FUND.—(A) There shall be credited to 

the Fund an amount equal to the applicable percentage for a 

fiscal year of all amounts expended by the Department of Defense in such fiscal year for contract services from amounts 

available for contract services for operation and maintenance. 

(B) Subject to paragraph (4), not later than 30 days after 

the end of the first quarter of each fiscal year, the head of each 

military department and Defense Agency shall remit to the 

Secretary of Defense, from amounts available to such military 

department or Defense Agency, as the case may be, for contract services for operation and maintenance, an amount equal 

to the applicable percentage for such fiscal year of the amount 

expended by such military department or Defense Agency, as 

the case may be, during such fiscal year for services covered 

by subparagraph (A). Any amount so remitted shall be credited 

to the Fund under subparagraph (A). 

(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit 

to the Fund in such fiscal year of an amount as follows: (i) For fiscal year 2010, $100,000,000. 

(ii) For fiscal year 2011, $770,000,000. 

(iii) For fiscal year 2012, $900,000,000. 

(iv) For fiscal year 2013, $1,180,000,000. 

(v) For fiscal year 2014, $1,330,000,000. 

(vi) For fiscal year 2015, $1,470,000,000. 

(D) The Secretary of Defense may reduce an amount specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is reasonably needed for 

purposes of the Fund for such fiscal year. The Secretary may 

not reduce the amount for a fiscal year to an amount that is 

less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year. 

(3) TRANSFER OF CERTAIN UNOBLIGATED BALANCES.—To the 

extent provided in appropriations Acts, the Secretary of Defense may, during the 24-month period following the expiration 

of availability for obligation of any appropriations made to the 

Department of Defense for procurement, research, development, test, and evaluation, or operation and maintenance, 

transfer to the Fund any unobligated balance of such appropriations. Any amount so transferred shall be credited to the 

Fund. 

(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMITTANCES.—(A) In the event amounts are transferred to the Fund 

during a fiscal year pursuant to paragraph (1)(B) or appropriated to the Fund for a fiscal year pursuant to paragraph 

(1)(C), the aggregate amount otherwise required to be remitted 
915 § 1705 CH. 87—DEFENSE ACQUISITION WORKFORCE 

to the Fund for that fiscal year pursuant to paragraph (2)(B) 

shall be reduced by the amount equal to the amounts so transferred or appropriated to the Fund during or for that fiscal 

year. Any reduction in the aggregate amount required to be remitted to the Fund for a fiscal year under this subparagraph 

shall be allocated as provided in applicable provisions of appropriations Acts or, absent such provisions, on a pro rata basis 

among the military departments and Defense Agencies required to make remittances to the Fund for that fiscal year 

under paragraph (2)(B), subject to any exclusions the Secretary 

of Defense determines to be necessary in the best interests of 

the Department of Defense. 

(B) Any remittance of amounts to the Fund for a fiscal 

year under paragraph (2) shall be subject to the availability of 

appropriations for that purpose. 

(e) AVAILABILITY OF FUNDS.— 

(1) IN GENERAL.—Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for expenditure, or for transfer to a military 

department or Defense Agency, for the recruitment, training, 

and retention of acquisition personnel of the Department of Defense for the purpose of the Fund, including for the provision 

of training and retention incentives to the acquisition workforce of the Department. 

(2) PROHIBITION.—Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection. 

(3) GUIDANCE.—The Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the senior official designated to manage the Fund, shall issue guidance for 

the administration of the Fund. Such guidance shall include 

provisions— 

(A) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including— 

(i) changes to the types of skills needed in the acquisition workforce; 

(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and 

(iii) incentives for attracting new, high-quality 

personnel to the acquisition workforce; 

(B) describing the manner and timing for applications 

for amounts in the Fund to be submitted; 

(C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the 

Fund in any fiscal year; and 

(D) describing measurable objectives of performance 

for determining whether amounts in the Fund are being 

used in compliance with this section. 

(4) LIMITATION ON PAYMENTS TO OR FOR CONTRACTORS.— 

Amounts in the Fund shall not be available for payments to 

contractors or contractor employees, other than for the purpose 
[§ 1706 CH. 87—DEFENSE ACQUISITION WORKFORCE 916 

of providing advanced training to Department of Defense employees. 

(5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT

EMPLOYEES.—Amounts in the Fund may not be used to pay the 

base salary of any person who was an employee of the Department serving in a position in the acquisition workforce as of 

January 28, 2008. 

(6) DURATION OF AVAILABILITY.—Amounts credited to the 

Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years. 

(f) ANNUAL REPORT.—Not later than 60 days after the end of 

each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the 

Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following: 

(1) A statement of the amounts remitted to the Secretary 

for crediting to the Fund for such fiscal year by each military 

department and Defense Agency, and a statement of the 

amounts credited to the Fund for such fiscal year. 

(2) A description of the expenditures made from the Fund 

(including expenditures following a transfer of amounts in the 

Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures. 

(3) A description and assessment of improvements in the 

Department of Defense acquisition workforce resulting from 

such expenditures. 

(4) Recommendations for additional authorities to fulfill 

the purpose of the Fund. 

(5) A statement of the balance remaining in the Fund at 

the end of such fiscal year. 

(g) ACQUISITION WORKFORCE DEFINED.—In this section, the 

term ‘‘acquisition workforce’’ means personnel in positions designated under section 1721 of this title as acquisition positions for 

purposes of this chapter. 

(h) EXPEDITED HIRING AUTHORITY.— 

(1) For purposes of sections 3304, 5333, and 5753 of title 

5, the Secretary of Defense may— 

(A) designate any category of acquisition workforce positions as positions for which there exists a shortage of 

candidates or there is a critical hiring need; and 

(B) utilize the authorities in such sections to recruit 

and appoint qualified persons directly to positions so designated. 

(2) The Secretary may not appoint a person to a position 

of employment under this subsection after September 30, 2015. 

(Added Pub. L. 110–181, div. A, title VIII, Sec. 852(a)(1), Jan. 28, 2008, 122 Stat. 248; amended 

Pub. L. 110–417, [div. A], title VIII, Sec. 833, Oct. 14, 2008, 122 Stat. 4535; Pub. L. 111–84, 

div. A, title VIII, Secs. 831, 832(a)–(g), Oct. 28, 2009, 123 Stat. 2414, 2415.) 

[§§ 1706, 1707. Repealed. Pub. L. 108–136, div. A, title VIII, 

Sec. 831(a), Nov. 24, 2003, 117 Stat. 1549] 
917 § 1722 CH. 87—DEFENSE ACQUISITION WORKFORCE 

SUBCHAPTER II—DEFENSE ACQUISITION POSITIONS 

Sec. 

1721. Designation of acquisition positions. 

1722. Career development. 

1722a. Special requirements for military personnel in the acquisition field. 

1722b. Special requirements for civilian employees in the acquisition field. 

1723. General education, training, and experience requirements. 

1724. Contracting positions: qualification requirements. 

[1725. Repealed.] 

§ 1721. Designation of acquisition positions 

(a) DESIGNATION.—The Secretary of Defense shall designate in 

regulations those positions in the Department of Defense that are 

acquisition positions for purposes of this chapter. 

(b) REQUIRED POSITIONS.—In designating the positions under 

subsection (a), the Secretary shall include, at a minimum, all acquisition-related positions in the following areas: 

(1) Program management. 

(2) Systems planning, research, development, engineering, 

and testing. 

(3) Procurement, including contracting. 

(4) Industrial property management. 

(5) Logistics. 

(6) Quality control and assurance. 

(7) Manufacturing and production. 

(8) Business, cost estimating, financial management, and 

auditing. 

(9) Education, training, and career development. 

(10) Construction. 

(11) Joint development and production with other government agencies and foreign countries. 

(c) MANAGEMENT HEADQUARTERS ACTIVITIES.—The Secretary 

also shall designate as acquisition positions under subsection (a) 

those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, the terms ‘‘management 

headquarters activities’’ and ‘‘management headquarters support 

activities’’ have the meanings given those terms in Department of 

Defense Directive 5100.73, entitled ‘‘Department of Defense Management Headquarters and Headquarters Support Activities’’, 

dated November 12, 1996. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1640; amended 

Pub. L. 102–25, title VII, Sec. 701(j)(1), Apr. 6, 1991, 105 Stat. 116; Pub. L. 105–85, div. A, title 

IX, Sec. 912(f), Nov. 18, 1997, 111 Stat. 1862.) 

§ 1722. Career development 

(a) CAREER PATHS.—The Secretary of Defense, acting through 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics, shall ensure that appropriate career paths for civilian 

and military personnel who wish to pursue careers in acquisition 

are identified in terms of the education, training, experience, and 

assignments necessary for career progression of civilians and members of the armed forces to the most senior acquisition positions. 

The Secretary shall make available published information on such 

career paths. 
§ 1722 CH. 87—DEFENSE ACQUISITION WORKFORCE 918 

(b) LIMITATION ON PREFERENCE FOR MILITARY PERSONNEL.—(1) 

The Secretary of Defense shall ensure that no requirement or preference for a member of the armed forces is used in the consideration of persons for acquisition positions, except as provided in the 

policy established under paragraph (2). 

(2)(A) The Secretary shall establish a policy permitting a particular acquisition position to be specified as available only to members of the armed forces if a determination is made, under criteria 

specified in the policy, that a member of the armed forces is required for that position by law, is essential for performance of the 

duties of the position, or is necessary for another compelling reason. 

(B) Not later than December 15 of each year, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall 

submit to the Secretary a report that lists each acquisition position 

that is restricted to members of the armed forces under such policy 

and the recommendation of the Under Secretary as to whether 

such position should remain so restricted. 

(c) OPPORTUNITIES FOR CIVILIANS TO QUALIFY.—The Secretary 

of Defense shall ensure that civilian personnel are provided the opportunity to acquire the education, training, and experience necessary to qualify for senior acquisition positions. 

(d) BEST QUALIFIED.—The Secretary of Defense shall ensure 

that the policies established under this chapter are designed to provide for the selection of the best qualified individual for a position, 

consistent with other applicable law. 

[(e) Repealed. Pub. L. 107–107, div. A, title X, Sec. 1048(e)(3), 

Dec. 28, 2001, 115 Stat. 1227] 

(f) ASSIGNMENTS POLICY.—(1) The Secretary of Defense shall 

establish a policy on assigning military personnel to acquisition positions that provides for a balance between (A) the need for personnel to serve in career broadening positions, and (B) the need for 

requiring service in each such position for sufficient time to provide 

the stability necessary to effectively carry out the duties of the position and to allow for the establishment of responsibility and accountability for actions taken in the position. 

(2) In implementing the policy established under paragraph 

(1), the Secretaries of the military departments shall provide, as 

appropriate, for longer lengths of assignments to acquisition positions than assignments to other positions. 

(g) PERFORMANCE APPRAISALS.—The Secretary of each military 

department, acting through the service acquisition executive for 

that department, shall provide an opportunity for review and inclusion of any comments on any appraisal of the performance of a person serving in an acquisition position by a person serving in an acquisition position in the same acquisition career field. 

(h) BALANCED WORKFORCE POLICY.—In the development of defense acquisition workforce policies under this chapter with respect 

to any civilian employees or applicants for employment, the Secretary of Defense or the Secretary of a military department (as applicable) shall, consistent with the merit system principles set out 

in paragraphs (1) and (2) of section 2301(b) of title 5, take into consideration the need to maintain a balanced workforce in which 
919 § 1722a CH. 87—DEFENSE ACQUISITION WORKFORCE 

women and members of racial and ethnic minority groups are appropriately represented in Government service. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1641; amended 

Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107– 

107, div. A, title X, Sec. 1048(b)(2), (e)(3), Dec. 28, 2001, 115 Stat. 1225, 1227.) 

§ 1722a. Special requirements for military personnel in the 

acquisition field 

(a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING MILITARY PERSONNEL IN ACQUISITION.—The Secretary of Defense shall 

require the Secretary of each military department (with respect to 

such military department) and the Under Secretary of Defense for 

Acquisition, Technology, and Logistics (with respect to the Office of 

the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified 

in subsection (b). 

(b) OBJECTIVES.—Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: 

(1) A career path in the acquisition field that attracts the 

highest quality officers and enlisted personnel. 

(2) A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved 

for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces have opportunities for promotion and advancement in the acquisition 

field. 

(3) A number of qualified, trained members of the armed 

forces eligible for and active in the acquisition field sufficient 

to ensure the optimum management of the acquisition functions of the Department of Defense and the appropriate use of 

military personnel in contingency contracting. 

(c) RESERVATION OF ACQUISITION BILLETS FOR GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Secretary of Defense shall— 

(A) establish for each military department a sufficient 

number of billets coded or classified for acquisition personnel 

that are reserved for general officers and flag officers that are 

needed for the purpose of ensuring the optimum management 

of the acquisition functions of the Department of Defense; and 

(B) ensure that the policies established and guidance 

issued pursuant to subsection (a) by the Secretary of each military department reserve at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience. 

(2) The Secretary of Defense shall ensure— 

(A) a sufficient number of billets for acquisition personnel 

who are general officers or flag officers exist within the Office 

of the Secretary of Defense, the unified combatant commands, 

the Defense Agencies, and the Defense Field Activities to ensure the optimum management of the acquisition functions of 

the Department of Defense; and 
§ 1722b CH. 87—DEFENSE ACQUISITION WORKFORCE 920 

(B) that the policies established and guidance issued pursuant to subsection (a) by the Secretary reserve within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities 

at least that minimum number of billets and fill the billets 

with qualified and trained general officers and flag officers who 

have significant acquisition experience. 

(3) The Secretary of Defense shall ensure that a portion of the 

billets referred to in paragraphs (1) and (2) involve command of organizations primarily focused on contracting and are reserved for 

general officers and flag officers who have significant contracting 

experience. 

(d) RELATIONSHIP TO LIMITATION ON PREFERENCE FOR MILI- TARY PERSONNEL.—Any designation or reservation of a position for 

a member of the armed forces as a result of a policy established 

or guidance issued pursuant to this section shall be deemed to 

meet the requirements for an exception under paragraph (2) of section 1722(b) of this title from the limitation in paragraph (1) of 

such section. 

(e) REPORT.—Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report describing how the Secretary fulfilled the objectives of this section in the preceding calendar year. The report shall include information on the reservation of acquisition billets for general officers 

and flag officers within the department concerned. 

(Added Pub. L. 110–417, [div. A], title VIII, Sec. 834(a)(1), Oct. 14, 2008, 122 Stat. 4536.) 

§ 1722b. Special requirements for civilian employees in the 

acquisition field 

(a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING CI- VILIAN PERSONNEL IN ACQUISITION.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish policies and issue guidance to 

ensure the proper development, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b). 

(b) OBJECTIVES.—Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: 

(1) A career path in the acquisition field that attracts the 

highest quality civilian personnel, from either within or outside 

the Federal Government. 

(2) A deliberate workforce development strategy that increases attainment of key experiences that contribute to a 

highly qualified acquisition workforce. 

(3) Sufficient opportunities for promotion and advancement 

in the acquisition field. 

(4) A sufficient number of qualified, trained members eligible for and active in the acquisition field to ensure adequate 

capacity, capability, and effective succession for acquisition 

functions, including contingency contracting, of the Department of Defense. 

(5) A deliberate workforce development strategy that ensures diversity in promotion, advancement, and experiential 
921 § 1723 CH. 87—DEFENSE ACQUISITION WORKFORCE 

1 In subsection (c)(3), the reference to ‘‘subsections (b)(2)(A) and (b)(2)(B)’’ probably should be 

to ‘‘subsections (b)(1)(A) and (b)(1)(B)’’. 2 In subsection (c)(4), the reference to ‘‘section 1736(c)’’ is to a section that has been repealed. 

opportunities commensurate with the general workforce outlined in this section. 

(c) INCLUSION OF INFORMATION IN ANNUAL REPORT.—The Secretary of Defense shall include in the report to Congress required 

under section 115b(d) of this title the following information related 

to the acquisition workforce for the period covered by the report 

(which shall be shown for the Department of Defense as a whole 

and separately for the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the Secretary of Defense): 

(1) The total number of persons serving in the Acquisition 

Corps, set forth separately for members of the armed forces 

and civilian employees, by grade level and by functional specialty. 

(2) The total number of critical acquisition positions held, 

set forth separately for members of the armed forces and civilian employees, by grade level and by other appropriate categories (including by program manager, deputy program manager, and division head positions), including average length of 

time served in each position. For each such category, the report 

shall specify the number of civilians holding such positions 

compared to the total number of positions filled. 

(3) The number of employees to whom the requirements of 

subsections (b)(2)(A) and (b)(2)(B) 1 of section 1732 of this title 

did not apply because of the exceptions provided in paragraphs 

(1) and (2) of section 1732(c) of this title, set forth separately 

by type of exception. 

(4) The number of times a waiver authority was exercised 

under section 1724(d), 1732(d), 1734(d), or 1736(c) 2 of this title 

or any other provision of this chapter (or other provision of 

law) which permits the waiver of any requirement relating to 

the acquisition workforce, and in the case of each such authority, the reasons for exercising the authority. The Secretary may 

present the information provided under this paragraph by category or grouping of types of waivers and reasons. 

(Added Pub. L. 111–383, div. A, title VIII, Sec. 873(a)(1), Jan. 7, 2011, 124 Stat. 4302.) 

§ 1723. General education, training, and experience requirements 

(a) QUALIFICATION REQUIREMENTS.—(1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional 

training courses with an emphasis on services contracting, market 

research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition. 

(2) In establishing such requirements for positions other than 

critical acquisition positions designated pursuant to section 1733 of 
§ 1724 CH. 87—DEFENSE ACQUISITION WORKFORCE 922 

this title, the Secretary may state the requirements by categories 

of positions. 

(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall 

establish requirements for continuing education and periodic renewal of an individual’s certification. Any requirement for a certification renewal shall not require a renewal more often than once 

every five years. 

(b) CAREER PATH REQUIREMENTS.—For each career path, the 

Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish requirements for the completion of course work and related on-thejob training and demonstration of qualifications in the critical acquisition-related duties and tasks of the career path. The Secretary 

of Defense, acting through the Under Secretary, shall also— 

(1) encourage individuals in the acquisition workforce to 

maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities; and 

(2) develop key work experiences, including the creation of 

a program sponsored by the Department of Defense that facilitates the periodic interaction between individuals in the acquisition workforce and the end user in such end user’s environment to enhance the knowledge base of such workforce, for individuals in the acquisition workforce so that the individuals 

may gain in-depth knowledge and experience in the acquisition 

process and become seasoned, well-qualified members of the 

acquisition workforce. 

(c) LIMITATION ON CREDIT FOR TRAINING OR EDUCATION.—Not 

more than one year of a period of time spent pursuing a program 

of academic training or education in acquisition may be counted toward fulfilling any requirement established under this chapter for 

a certain period of experience. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1642; amended 

Pub. L. 104–201, div. A, title X, Sec. 1074(a)(9)(A), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 111– 

383, div. A, title VIII, Secs. 873(b), 874(a), Jan. 7, 2011, 124 Stat. 4303, 4304.) 

§ 1724. Contracting positions: qualification requirements 

(a) CONTRACTING OFFICERS.—The Secretary of Defense shall 

require that, in order to qualify to serve in an acquisition position 

as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in section 2304(g) of this title, an employee of the Department of Defense or member of the armed forces (other than the 

Coast Guard) must, except as provided in subsections (c) and (d)— 

(1) have completed all contracting courses required for a 

contracting officer (A) in the case of an employee, serving in 

the position within the grade of the General Schedule in which 

the employee is serving, and (B) in the case of a member of the 

armed forces, in the member’s grade; 

(2) have at least two years of experience in a contracting 

position; 
923 § 1724 CH. 87—DEFENSE ACQUISITION WORKFORCE 

(3)(A) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees, and (B) have completed at least 24 semester 

credit hours (or the equivalent) of study from an accredited institution of higher education in any of the following disciplines: 

accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; and 

(4) meet such additional requirements, based on the dollar 

value and complexity of the contracts awarded or administered 

in the position, as may be established by the Secretary of Defense for the position. 

(b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—(1) The Secretary of Defense shall require that in order to 

qualify to serve in a position in the Department of Defense that is 

in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirements set 

forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) 

and (2) of that subsection. 

(2) The Secretary of Defense shall require that in order for a 

member of the armed forces to be selected for an occupational specialty within the armed forces that (as determined by the Secretary) is similar to the GS–1102 occupational series a member of 

the armed forces meet the requirements set forth in paragraph (3) 

of subsection (a). The Secretary may not require that in order to 

be selected for such an occupational specialty a member meet any 

of the requirements of paragraphs (1) and (2) of that subsection. 

(c) EXCEPTIONS.—The qualification requirements imposed by 

the Secretary of Defense pursuant to subsections (a) and (b) shall 

not apply to an employee of the Department of Defense or member 

of the armed forces who— 

(1) served as a contracting officer with authority to award 

or administer contracts in excess of the simplified acquisition 

threshold on or before September 30, 2000; 

(2) served, on or before September 30, 2000, in a position 

either as an employee in the GS–1102 series or as a member 

of the armed forces in a similar occupational specialty; 

(3) is in the contingency contracting force; or 

(4) is described in subsection (e)(1)(B). 

(d) WAIVER.—The Secretary of Defense may waive any or all 

of the requirements of subsections (a) and (b) with respect to an 

employee of the Department of Defense or member of the armed 

forces if the Secretary determines that the individual possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job performance and 

qualifying experience. With respect to each waiver granted under 

this subsection, the Secretary shall set forth in a written document 

the rationale for the decision of the Secretary to waive such requirements. 

(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Secretary of Defense may— 
[§ 1725 CH. 87—DEFENSE ACQUISITION WORKFORCE 924 

(A) establish or continue one or more programs for the 

purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the requirements in subparagraphs (A) and (B) of subsection (a)(3); 

(B) appoint individuals to developmental positions in those 

programs; and 

(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection 

who fails to meet the requirements described in subsection 

(a)(3). 

(2) To qualify for any developmental program described in 

paragraph (1)(B), an individual shall have— 

(A) been awarded a baccalaureate degree, with a grade 

point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant 

baccalaureate degrees; or 

(B) completed at least 24 semester credit hours or the 

equivalent of study from an accredited institution of higher 

education in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and 

management. 

(f) CONTINGENCY CONTRACTING FORCE.—The Secretary shall 

establish qualification requirements for the contingency contracting 

force consisting of members of the armed forces whose mission is 

to deploy in support of contingency operations and other operations 

of the Department of Defense, including— 

(1) completion of at least 24 semester credit hours or the 

equivalent of study from an accredited institution of higher 

education or similar educational institution in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or 

(2) passing an examination that demonstrates skills, 

knowledge, or abilities comparable to that of an individual who 

has completed at least 24 semester credit hours or the equivalent of study in any of the disciplines described in paragraph 

(1). 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1642; amended 

Pub. L. 103–35, title I, Sec. 101, May 31, 1993, 107 Stat. 97; Pub. L. 104–201, div. A, title X, 

Sec. 1074(a)(9)(B), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106–398, Sec. 1 [[div. A], title VIII, 

Sec. 808(a)–(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–208; Pub. L. 107–107, div. A, title VIII, 

Sec. 824(a), Dec. 28, 2001, 115 Stat. 1183; Pub. L. 108–136, div. A, title VIII, Sec. 831(b)(1), 

Nov. 24, 2003, 117 Stat. 1549; Pub. L. 108–375, div. A, title X, Sec. 1084(d)(14), (h)(1), Oct. 28, 

2004, 118 Stat. 2062, 2064.) 

[§ 1725. Repealed. Pub. L. 108–136, div. A, title VIII, Sec. 

832(a), Nov. 24, 2003, 117 Stat. 1550] 

SUBCHAPTER III—ACQUISITION CORPS 

Sec. 

1731. Acquisition Corps: in general. 

1732. Selection criteria and procedures. 

1733. Critical acquisition positions. 

1734. Career development. 

1735. Education, training, and experience requirements for critical acquisition 

positions. 
925 § 1732 CH. 87—DEFENSE ACQUISITION WORKFORCE 

[1736. Repealed.] 

1737. Definitions and general provisions. 

§ 1731. Acquisition Corps: in general 

(a) ACQUISITION CORPS.—The Secretary of Defense shall ensure 

that an Acquisition Corps is established for the Department of Defense. 

(b) PROMOTION RATE FOR OFFICERS IN ACQUISITION CORPS.— 

The Secretary of Defense shall ensure that the qualifications of 

commissioned officers selected for the Acquisition Corps are such 

that those officers are expected, as a group, to be promoted at a 

rate not less than the rate for all line (or the equivalent) officers 

of the same armed force (both in the zone and below the zone) in 

the same grade. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1644; amended 

Pub. L. 108–136, div. A, title VIII, Secs. 832(b)(1), 833(1), Nov. 24, 2003, 117 Stat. 1550.) 

§ 1732. Selection criteria and procedures 

(a) SELECTION CRITERIA AND PROCEDURES.—Selection for membership in the Acquisition Corps shall be made in accordance with 

criteria and procedures established by the Secretary of Defense. 

(b) ELIGIBILITY CRITERIA.—Except as provided in subsections 

(c) and (d), only persons who meet all of the following requirements 

may be considered for service in the Corps: 

(1) The person must meet the educational requirements 

prescribed by the Secretary of Defense. Such requirements, at 

a minimum, shall include both of the following: 

(A) A requirement that the person— 

(i) has received a baccalaureate degree at an accredited educational institution authorized to grant 

baccalaureate degrees, or 

(ii) possess significant potential for advancement 

to levels of greater responsibility and authority, based 

on demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience. 

(B) A requirement that the person has completed— 

(i) at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher 

education from among the following disciplines: accounting, business finance, law, contracts, purchasing, 

economics, industrial management, marketing, quantitative methods, and organization and management; 

or 

(ii) at least 24 semester credit hours (or the equivalent) from an accredited institution of higher education in the person’s career field and 12 semester 

credit hours (or the equivalent) from such an institution from among the disciplines listed in clause (i) or 

equivalent training as prescribed by the Secretary to 

ensure proficiency in the disciplines listed in clause (i). 

(2) The person must meet experience requirements prescribed by the Secretary of Defense. Such requirements shall, 

at a minimum, include a requirement for at least four years of 
§ 1733 CH. 87—DEFENSE ACQUISITION WORKFORCE 926 

experience in an acquisition position in the Department of Defense or in a comparable position in industry or government. 

(3) The person must meet such other requirements as the 

Secretary of Defense or the Secretary of the military department concerned prescribes by regulation. 

(c) EXCEPTIONS.—(1) The requirements of subsections (b)(1)(A) 

and (b)(1)(B) shall not apply to any employee who, on October 1, 

1991, has at least 10 years of experience in acquisition positions or 

in comparable positions in other government agencies or the private sector. 

(2) The requirements of subsections (b)(1)(A) and (b)(1)(B) shall 

not apply to any employee who is serving in an acquisition position 

on October 1, 1991, and who does not have 10 years of experience 

as described in paragraph (1) if the employee passes an examination considered by the Secretary of Defense to demonstrate skills, 

knowledge, or abilities comparable to that of an individual who has 

completed at least 24 semester credit hours (or the equivalent) of 

study from an accredited institution of higher education from 

among the following disciplines: accounting, business, finance, law, 

contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management. 

(d) WAIVER.—(1) Except as provided in paragraph (2), the Secretary of Defense may waive any or all of the requirements of subsection (b) with respect to an employee if the Secretary determines 

that the employee possesses significant potential for advancement 

to levels of greater responsibility and authority, based on demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written 

document the rationale for the decision of the Secretary to waive 

such requirements. 

(2) The Secretary may not waive the requirements of subsection (b)(1)(A)(ii). 

(e) MOBILITY STATEMENTS.—(1) The Secretary of Defense is authorized to require civilians in the Acquisition Corps to sign mobility statements. 

(2) The Secretary of Defense shall identify which categories of 

civilians in the Acquisition Corps, as a condition of serving in the 

Corps, shall be required to sign mobility statements. The Secretary 

shall make available published information on such identification 

of categories. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1644; amended 

Pub. L. 102–484, div. A, title VIII, Sec. 812(e)(1), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103– 

89, Sec. 3(b)(3)(B), Sept. 30, 1993, 107 Stat. 982; Pub. L. 105–261, div. A, title VIII, Sec. 811, 

Oct. 17, 1998, 112 Stat. 2086; Pub. L. 107–107, div. A, title VIII, Sec. 824(b), title X, Sec. 

1048(e)(4), Dec. 28, 2001, 115 Stat. 1185, 1227; Pub. L. 108–136, div. A, title VIII, Secs. 

831(b)(2), (3), 832(b)(2), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 108–375, div. A, 

title VIII, Sec. 812(a)(1), title X, Sec. 1084(d)(14), (h)(2), Oct. 28, 2004, 118 Stat. 2013, 2062, 

2064; Pub. L. 109–163, div. A, title X, Sec. 1056(c)(3), Jan. 6, 2006, 119 Stat. 3439.) 

§ 1733. Critical acquisition positions 

(a) REQUIREMENT FOR CORPS MEMBER.—A critical acquisition 

position may be filled only by a member of the Acquisition Corps. 

(b) DESIGNATION OF CRITICAL ACQUISITION POSITIONS.—(1) The 

Secretary of Defense shall designate the acquisition positions in the 
927 § 1734 CH. 87—DEFENSE ACQUISITION WORKFORCE 

Department of Defense that are critical acquisition positions. Such 

positions shall include the following: 

(A) Any acquisition position which— 

(i) in the case of employees, is required to be filled by 

an employee in a senior position in the National Security 

Personnel System, as determined in accordance with 

guidelines prescribed by the Secretary, or in the Senior Executive Service; or 

(ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, 

Navy, Air Force, or Marine Corps who is serving in the 

grade of lieutenant colonel, or, in the case of the Navy, 

commander, or a higher grade. 

(B) Other selected acquisition positions not covered by subparagraph (A), including the following: 

(i) Program executive officer. 

(ii) Program manager of a major defense acquisition 

program (as defined in section 2430 of this title) or of a 

significant nonmajor defense acquisition program (as defined in section 1737(a)(3) of this title). 

(iii) Deputy program manager of a major defense acquisition program. 

(C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. 

(2) The Secretary shall periodically publish a list of the positions designated under this subsection. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1646; amended 

Pub. L. 102–484, div. A, title X, Sec. 1052(22), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–89, 

Sec. 3(b)(3)(C), Sept. 30, 1993, 107 Stat. 983; Pub. L. 104–201, div. A, title X, Sec. 1074(a)(9)(C), 

Sept. 23, 1996, 110 Stat. 2659; Pub. L. 108–136, div. A, title VIII, Sec. 833(2), Nov. 24, 2003, 

117 Stat. 1550; Pub. L. 108–375, div. A, title VIII, Sec. 812(a)(2), Oct. 28, 2004, 118 Stat. 2013.) 

§ 1734. Career development 

(a) THREE-YEAR ASSIGNMENT PERIOD.—(1) Except as provided 

under subsection (b) and paragraph (3), the Secretary of each military department, acting through the service acquisition executive 

for that department, shall provide that any person who is assigned 

to a critical acquisition position shall be assigned to the position for 

not fewer than three years. Except as provided in subsection (d), 

the Secretary concerned may not reassign a person from such an 

assignment before the end of the three-year period. 

(2) A person may not be assigned to a critical acquisition position unless the person executes a written agreement to remain on 

active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for at least three years. The service obligation contained in 

such a written agreement shall remain in effect unless and until 

waived by the Secretary concerned under subsection (b). 

(3) The assignment period requirement of the first sentence of 

paragraph (1) is waived for any individual serving as a deputy program manager if the individual is assigned to a critical acquisition 

position upon completion of the individual’s assignment as a deputy 

program manager. 
§ 1734 CH. 87—DEFENSE ACQUISITION WORKFORCE 928 

(b) ASSIGNMENT PERIOD FOR PROGRAM MANAGERS.—(1) The 

Secretary of Defense shall prescribe in regulations— 

(A) a requirement that a program manager and a deputy 

program manager (except as provided in paragraph (3)) of a 

major defense acquisition program be assigned to the position 

at least until completion of the major milestone that occurs 

closest in time to the date on which the person has served in 

the position for four years; and 

(B) a requirement that, to the maximum extent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location before the reassigned program manager leaves. 

Except as provided in subsection (d), the Secretary concerned may 

not reassign a program manager or deputy program manager from 

such an assignment until after such major milestone has occurred. 

(2) A person may not be assigned to a critical acquisition position as a program manager or deputy program manager of a major 

defense acquisition program unless the person executes a written 

agreement to remain on active duty (in the case of a member of the 

armed forces) or to remain in Federal service (in the case of an employee) in that position at least until completion of the first major 

milestone that occurs closest in time to the date on which the person has served in the position for four years. The service obligation 

contained in such a written agreement shall remain in effect unless 

and until waived by the Secretary concerned under subsection (d). 

(3) The assignment period requirement under subparagraph 

(A) of paragraph (1) is waived for any individual serving as a deputy program manager if the individual is assigned to a critical acquisition position upon completion of the individual’s assignment as 

a deputy program manager. 

(c) MAJOR MILESTONE REGULATIONS.—(1) The Secretary of Defense shall issue regulations defining what constitutes major milestones for purposes of this section. The service acquisition executive 

of each military department shall establish major milestones at the 

beginning of a major defense acquisition program consistent with 

such regulations and shall use such milestones to determine the assignment period for program managers and deputy program managers under subsection (b). 

(2) The regulations shall require that major milestones be 

clearly definable and measurable events that mark the completion 

of a significant phase in a major defense acquisition program and 

that such milestones be the same as the milestones contained in 

the baseline description established for the program pursuant to 

section 2435(a) of this title. The Secretary shall require that the 

major milestones as defined in the regulations be included in the 

Selected Acquisition Report required for such program under section 2432 of this title. 

(d) WAIVER OF ASSIGNMENT PERIOD.—(1) With respect to a person assigned to a critical acquisition position, the Secretary concerned may waive the prohibition on reassignment of that person 

(in subsection (a)(1) or (b)(1)) and the service obligation in an 

agreement executed by that person (under subsection (a)(2) or 

(b)(2)), but only in exceptional circumstances in which a waiver is 
929 § 1735 CH. 87—DEFENSE ACQUISITION WORKFORCE 

necessary for reasons permitted in regulations prescribed by the 

Secretary of Defense. 

(2) With respect to each waiver granted under this subsection, 

the service acquisition executive (or his delegate) shall set forth in 

a written document the rationale for the decision to grant the waiver. 

(e) ROTATION POLICY.—(1) The Secretary of Defense shall establish a policy encouraging the rotation of members of the Acquisition Corps serving in critical acquisition positions to new assignments after completion of five years of service in such positions, or, 

in the case of a program manager, after completion of a major program milestone, whichever is longer. Such rotation policy shall be 

designed to ensure opportunities for career broadening assignments 

and an infusion of new ideas into critical acquisition positions. 

(2) The Secretary of Defense shall establish a procedure under 

which the assignment of each person assigned to a critical acquisition position shall be reviewed on a case-by-case basis for the purpose of determining whether the Government and such person 

would be better served by a reassignment to a different position. 

Such a review shall be carried out with respect to each such person 

not later than five years after that person is assigned to a critical 

position. 

(f) CENTRALIZED JOB REFERRAL SYSTEM.—The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to ensure that persons are selected for critical positions 

without regard to geographic location of applicants for such positions. 

(g) EXCHANGE PROGRAM.—The Secretary of Defense shall establish, for purposes of broadening the experience of members of 

the Acquisition Corps, a test program in which members of the 

Corps serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department 

or agency. Under the test program, the Secretary of Defense shall 

ensure that, to the maximum extent practicable, at least 5 percent 

of the members of the Acquisition Corps shall serve in such exchange assignments each year. The test program shall operate for 

not less than a period of three years. 

(h) RESPONSIBILITY FOR ASSIGNMENTS.—The Secretary of each 

military department, acting through the service acquisition executive for that department, is responsible for making assignments of 

civilian and military personnel of that military department who are 

members of the Acquisition Corps to critical acquisition positions. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1646; amended 

Pub. L. 102–484, div. A, title VIII, Sec. 812(a), (b), Oct. 23, 1992, 106 Stat. 2450; Pub. L. 104– 

201, div. A, title X, Sec. 1074(a)(9)(D), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 107–107, div. A, 

title X, Sec. 1048(e)(5), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 108–136, div. A, title VIII, Secs. 

831(b)(4), 832(b)(3), 833(2), (3), Nov. 24, 2003, 117 Stat. 1549, 1550.) 

§ 1735. Education, training, and experience requirements 

for critical acquisition positions 

(a) QUALIFICATION REQUIREMENTS.—In establishing the education, training, and experience requirements under section 1723 of 

this title for critical acquisition positions, the Secretary of Defense 

shall, at a minimum, include the requirements set forth in subsections (b) through (e). 
§ 1735 CH. 87—DEFENSE ACQUISITION WORKFORCE 930 

(b) PROGRAM MANAGERS AND DEPUTY PROGRAM MANAGERS.— 

Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a 

significant nonmajor defense acquisition program, a person— 

(1) must have completed the program management course 

at the Defense Systems Management College or a management 

program at an accredited educational institution determined to 

be comparable by the Secretary of Defense; 

(2) must have executed a written agreement as required in 

section 1734(b)(2); and 

(3) in the case of— 

(A) a program manager of a major defense acquisition 

program, must have at least eight years of experience in 

acquisition, at least two years of which were performed in 

a systems program office or similar organization; 

(B) a program manager of a significant nonmajor defense acquisition program, must have at least six years of 

experience in acquisition; 

(C) a deputy program manager of a major defense acquisition program, must have at least six years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; 

and 

(D) a deputy program manager of a significant 

nonmajor defense acquisition program, must have at least 

four years of experience in acquisition. 

(c) PROGRAM EXECUTIVE OFFICERS.—Before being assigned to a 

position as a program executive officer, a person— 

(1) must have completed the program management course 

at the Defense Systems Management College or a management 

program at an accredited educational institution in the private 

sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics; 

(2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while 

assigned to a critical acquisition position; and 

(3) must have held a position as a program manager or a 

deputy program manager. 

(d) GENERAL AND FLAG OFFICERS AND CIVILIANS IN EQUIVALENT POSITIONS.—Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, 

may be assigned to a critical acquisition position, the person must 

have at least 10 years experience in an acquisition position, at 

least four years of which were performed while assigned to a critical acquisition position. 

(e) SENIOR CONTRACTING OFFICIALS.—Before a person may be 

assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1648; amended 

Pub. L. 102–484, div. A, title VIII, Sec. 812(d), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103–160, 

div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, 

Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) 
931 § 1737 CH. 87—DEFENSE ACQUISITION WORKFORCE 

[§ 1736. Repealed. Pub. L. 107–107, div. A, title X, Sec. 

1048(e)(6)(A), Dec. 28, 2001, 115 Stat. 1227] 

§ 1737. Definitions and general provisions 

(a) DEFINITIONS.—In this subchapter: 

(1) The term ‘‘program manager’’ means, with respect to a 

defense acquisition program, the member of the Acquisition 

Corps responsible for managing the program, regardless of the 

title given the member. 

(2) The term ‘‘deputy program manager’’ means the person 

who has authority to act on behalf of the program manager in 

the absence of the program manager. 

(3) The term ‘‘significant nonmajor defense acquisition program’’ means a Department of Defense acquisition program 

that is not a major defense acquisition program (as defined in 

section 2430 of this title) and that is estimated by the Secretary of Defense to require an eventual total expenditure for 

research, development, test, and evaluation of more than the 

dollar threshold set forth in section 2302(5)(A) of this title for 

such purposes for a major system or an eventual total expenditure for procurement of more than the dollar threshold set 

forth in section 2302(5)(A) of this title for such purpose for a 

major system. 

(4) The term ‘‘program executive officer’’ has the meaning 

given such term in regulations prescribed by the Secretary of 

Defense. 

(5) The term ‘‘senior contracting official’’ means a director 

of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military department, the head 

of a Defense Agency, a subordinate command headquarters, or 

in a major systems or logistics contracting activity in the Department of Defense. 

(b) LIMITATION.—Any civilian or military member of the Corps 

who does not meet the education, training, and experience requirements for a critical acquisition position established under this subchapter may not carry out the duties or exercise the authorities of 

that position, except for a period not to exceed six months, unless 

a waiver of the requirements is granted under subsection (c). 

(c) WAIVER.—The Secretary of each military department (acting through the service acquisition executive for that department) 

or the Secretary of Defense (acting through the Under Secretary of 

Defense for Acquisition, Technology, and Logistics) for Defense 

Agencies and other components of the Department of Defense may 

waive, on a case-by-case basis, the requirements established under 

this subchapter with respect to the assignment of an individual to 

a particular critical acquisition position. Such a waiver may be 

granted only if unusual circumstances justify the waiver or if the 

Secretary concerned (or official to whom the waiver authority is 

delegated) determines that the individual’s qualifications obviate 

the need for meeting the education, training, and experience requirements established under this subchapter. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1650; amended 

Pub. L. 102–190, div. A, title X, Sec. 1061(a)(8), (c), Dec. 5, 1991, 105 Stat. 1472, 1475; Pub. 
§ 1741 CH. 87—DEFENSE ACQUISITION WORKFORCE 932 

L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. 

A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 108–136, div. A, title VIII, 

Secs. 831(b)(5), 832(b)(4), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550.) 

SUBCHAPTER IV—EDUCATION AND TRAINING 

Sec. 

1741. Policies and programs: establishment and implementation. 

1742. Internship, cooperative education, and scholarship programs. 

[1743, 1744. Repealed.] 

1745. Additional education and training programs available to acquisition personnel. 

1746. Defense Acquisition University. 

1747. Acquisition fellowship program. 

1748. Fulfillment standards for acquisition workforce training. 

§ 1741. Policies and programs: establishment and implementation 

(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall 

establish policies and procedures for the establishment and implementation of the education and training programs authorized by 

this subchapter. 

(b) FUNDING LEVELS.—The Under Secretary of Defense for Acquisition, Technology, and Logistics each year shall recommend to 

the Secretary of Defense the funding levels to be requested in the 

defense budget to implement the education and training programs 

under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in 

support of the President’s budget submitted to Congress under section 1105 of title 31. 

(c) PROGRAMS.—The Secretary of each military department, 

acting through the service acquisition executive for that department, shall establish and implement the education and training 

programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military 

department concerned and, to the maximum extent practicable, 

uniformly with the programs of the other military departments. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1651; amended 

Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107– 

107, div. A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) 

§ 1742. Internship, cooperative education, and scholarship 

programs 

(a) PROGRAMS.—The Secretary of Defense shall conduct the following education and training programs: 

(1) An intern program for purposes of providing highly 

qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified 

training to prepare them for entry into the Acquisition Corps. 

(2) A cooperative education credit program under which 

the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher 

education, for such institutions to grant undergraduate credit 

for work performed by students who are employed by the Department of Defense in acquisition positions. 
933 § 1746 CH. 87—DEFENSE ACQUISITION WORKFORCE 

(3) A scholarship program for the purpose of qualifying 

personnel for acquisition positions in the Department of Defense. 

(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—Each recipient of 

a scholarship under a program conducted under subsection (a)(3) 

shall be required to sign a written agreement that sets forth the 

terms and conditions of the scholarship. The agreement shall be in 

a form prescribed by the Secretary and shall include terms and 

conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements 

of the agreement, that are comparable to those set forth as a condition for providing advanced education assistance under section 

2005. The obligation to reimburse the United States under an 

agreement under this subsection is, for all purposes, a debt owing 

the United States. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1651; amended 

Pub. L. 108–136, div. A, title VIII, Sec. 834(a), Nov. 24, 2003, 117 Stat. 1550; Pub. L. 108–375, 

div. A, title VIII, Sec. 812(b), title X, Sec. 1084(f)(1), Oct. 28, 2004, 118 Stat. 2013, 2064.) 

[§§ 1743, 1744. Repealed. Pub. L. 108–136, div. A, title VIII, 

Sec. 834(b), Nov. 24, 2003, 117 Stat. 1551] 

§ 1745. Additional education and training programs available to acquisition personnel 

(a) TUITION REIMBURSEMENT AND TRAINING.—(1) The Secretary 

of Defense shall provide for tuition reimbursement and training 

(including a full-time course of study leading to a degree) for acquisition personnel in the Department of Defense. 

(2) For civilian personnel, the reimbursement and training 

shall be provided under section 4107(b) of title 5 for the purposes 

described in that section. For purposes of such section 4107(b), 

there is deemed to be, until September 30, 2010, a shortage of 

qualified personnel to serve in acquisition positions in the Department of Defense. 

(3) In the case of members of the armed forces, the limitation 

in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection. 

(b) REPAYMENT OF STUDENT LOANS.—The Secretary of Defense 

may repay all or part of a student loan under section 5379 of title 

5 for an employee of the Department of Defense appointed to an 

acquisition position. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended 

Pub. L. 104–106, div. A, title XV, Sec. 1503(a)(15), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106– 

65, div. A, title IX, Sec. 925(a), Oct. 5, 1999, 113 Stat. 726; Pub. L. 106–398, Sec. 1 [[div. A], 

title XI, Sec. 1123], Oct. 30, 2000, 114 Stat. 1654, 1654A–317.) 

§ 1746. Defense Acquisition University 

(a) DEFENSE ACQUISITION UNIVERSITY STRUCTURE.—The Secretary of Defense, acting through the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, shall establish and 

maintain a defense acquisition university structure to provide for— 

(1) the professional educational development and training 

of the acquisition workforce; and 

(2) research and analysis of defense acquisition policy 

issues from an academic perspective. 
§ 1747 CH. 87—DEFENSE ACQUISITION WORKFORCE 934 

(b) CIVILIAN FACULTY MEMBERS.—(1) The Secretary of Defense 

may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary. 

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

(3) In this subsection, the term ‘‘defense acquisition university’’ 

includes the Defense Systems Management College. 

(c) CURRICULUM DEVELOPMENT.—The President of the Defense 

Acquisition University shall work with the relevant professional 

schools and degree-granting institutions of the Department of Defense and military departments to ensure that best practices are 

used in curriculum development to support acquisition workforce 

positions. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended 

Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 104– 

106, div. A, title XV, Sec. 1503(a)(16), Feb. 10, 1996, 110 Stat. 512; Pub. L. 107–107, div. A, 

title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 111–383, div. A, title VIII, Sec. 

877(c)(1), (2)(A), Jan. 7, 2011, 124 Stat. 4306.) 

§ 1747. Acquisition fellowship program 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

and carry out an acquisition fellowship program in accordance with 

this section in order to enhance the ability of the Department of 

Defense to recruit employees who are highly qualified in fields of 

acquisition. 

(b) NUMBER OF FELLOWSHIPS.—The Secretary of Defense may 

designate up to 25 prospective employees of the Department of Defense as acquisition fellows. 

(c) ELIGIBILITY.—In order to be eligible for designation as an 

acquisition fellow, an employee— 

(1) must complete at least 2 years of Federal Government 

service as an employee in an acquisition position in the Department of Defense; and 

(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties 

likely to result in significant restrictions under law on the employment activities of that employee after leaving Government 

service. 

(d) TWO-YEAR PERIOD OF RESEARCH AND TEACHING.—Under 

the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 

2-year period in a field related to Federal Government acquisition 

policy. Such research or teaching may be conducted in the defense 

acquisition university structure of the Department of Defense, any 

other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow 

shall be paid at a rate equal to the rate of pay payable for the level 

of the position in which the fellow served in the Department of Defense before undertaking such research or teaching. 

(Added Pub. L. 102–484, div. A, title VIII, Sec. 841(a), Oct. 23, 1992, 106 Stat. 2468, Sec. 2410h; 

renumbered Sec. 1747, Pub. L. 107–314, div. A, title X, Sec. 1062(a)(10)(A), Dec. 2, 2002, 116 

Stat. 2650.) 
935 § 1762 CH. 87—DEFENSE ACQUISITION WORKFORCE 

§ 1748. Fulfillment standards for acquisition workforce 

training 

The Secretary of Defense, acting through the Under Secretary 

of Defense for Acquisition, Technology, and Logistics, shall develop 

fulfillment standards, and implement and maintain a program, for 

purposes of the training requirements of sections 1723, 1724, and 

1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses 

required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is 

fulfilled. 

(Added Pub. L. 111–383, div. A, title VIII, Sec. 874(b)(1), Jan. 7, 2011, 124 Stat. 4304.) 

SUBCHAPTER V—GENERAL MANAGEMENT PROVISIONS 

Sec. 

1761. Management information system. 

1762. Demonstration project relating to certain acquisition personnel management policies and procedures. 

[1763. Repealed.] 

1764. Authority to establish different minimum requirements. 

§ 1761. Management information system 

(a) IN GENERAL.—The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense 

Agencies establish a management information system capable of 

providing standardized information to the Secretary on persons 

serving in acquisition positions. 

(b) MINIMUM INFORMATION.—The management information 

system shall, at a minimum, provide for the following: 

(1) The collection and retention of information concerning 

the qualifications, assignments, and tenure of persons in the 

acquisition workforce. 

(2) Any exceptions and waivers granted with respect to the 

application of qualification, assignment, and tenure policies, 

procedures, and practices to such persons. 

(3) Relative promotion rates for military personnel in the 

acquisition workforce. 

(Added Pub. L. 101–510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended 

Pub. L. 103–160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107– 

107, div. A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 108–375, div. A, title 

X, Sec. 1084(d)(15), Oct. 28, 2004, 118 Stat. 2062.) 

§ 1762. Demonstration project relating to certain acquisition 

personnel management policies and procedures 

(a) COMMENCEMENT.—The Secretary of Defense is authorized 

to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for 

improving the personnel management policies or procedures that 

apply with respect to the acquisition workforce of the Department 

of Defense and supporting personnel assigned to work directly with 

the acquisition workforce. 

(b) TERMS AND CONDITIONS.—(1) Except as otherwise provided 

in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other 
§ 1762 CH. 87—DEFENSE ACQUISITION WORKFORCE 936 

provisions of such title that apply with respect to any demonstration project under such section. 

(2) Subject to paragraph (3), in applying section 4703 of title 

5 with respect to a demonstration project described in subsection 

(a)— 

(A) ‘‘180 days’’ in subsection (b)(4) of such section shall be 

deemed to read ‘‘120 days’’; 

(B) ‘‘90 days’’ in subsection (b)(6) of such section shall be 

deemed to read ‘‘30 days’’; and 

(C) subsection (d)(1) of such section shall be disregarded. 

(3) Paragraph (2) shall not apply with respect to a demonstration project unless— 

(A) for each organization or team participating in the demonstration project— 

(i) at least one-third of the workforce participating in 

the demonstration project consists of members of the acquisition workforce; and 

(ii) at least two-thirds of the workforce participating in 

the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to 

work directly with the acquisition workforce; and 

(B) the demonstration project commences before October 1, 

2007. 

(c) LIMITATION ON NUMBER OF PARTICIPANTS.—The total number of persons who may participate in the demonstration project 

under this section may not exceed 120,000. 

(d) EFFECT OF REORGANIZATIONS.—The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it 

began to participate in a demonstration project under this section, 

ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational 

change. 

(e) ASSESSMENTS.—(1) The Secretary of Defense shall designate 

an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection 

(a). 

(2) Each such assessment shall include the following: 

(A) A description of the workforce included in the project. 

(B) An explanation of the flexibilities used in the project 

to appoint individuals to the acquisition workforce and whether those appointments are based on competitive procedures 

and recognize veteran’s preferences. 

(C) An explanation of the flexibilities used in the project 

to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement. 

(D) The steps taken to ensure that such system is fair and 

transparent for all employees in the project. 

(E) How the project allows the organization to better meet 

mission needs. 
937 § 1764 CH. 87—DEFENSE ACQUISITION WORKFORCE 

(F) An analysis of how the flexibilities in subparagraphs 

(B) and (C) are used, and what barriers have been encountered 

that inhibit their use. 

(G) Whether there is a process for— 

(i) ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees 

throughout the performance appraisal period; and 

(ii) setting timetables for performance appraisals. 

(H) The project’s impact on career progression. 

(I) The project’s appropriateness or inappropriateness in 

light of the complexities of the workforce affected. 

(J) The project’s sufficiency in terms of providing protections for diversity in promotion and retention of personnel. 

(K) The adequacy of the training, policy guidelines, and 

other preparations afforded in connection with using the 

project. 

(L) Whether there is a process for ensuring employee involvement in the development and improvement of the project. 

(3) The first assessment under this subsection shall be completed not later than September 30, 2012. The second and final assessment shall be completed not later than September 30, 2016. 

The Secretary shall submit to the covered congressional committees 

a copy of each assessment within 30 days after receipt by the Secretary of the assessment. 

(f) COVERED CONGRESSIONAL COMMITTEES.—In this section, the 

term ‘‘covered congressional committees’’ means— 

(1) the Committees on Armed Services of the Senate and 

the House of Representatives; 

(2) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(3) the Committee on Oversight and Government Reform 

of the House of Representatives. 

(g) TERMINATION OF AUTHORITY.—The authority to conduct a 

demonstration program under this section shall terminate on September 30, 2017. 

(h) CONVERSION.—Within 6 months after the authority to conduct a demonstration project under this section is terminated as 

provided in subsection (g), employees in the project shall convert to 

the civilian personnel system created pursuant to section 9902 of 

title 5. 

(Added Pub. L. 111–383, div. A, title VIII, Sec. 872(a)(1), Jan. 7, 2011, 124 Stat. 4300.) 

[§ 1763. Repealed. Pub. L. 108–136, div. A, title VIII, Sec. 

835(1), Nov. 24, 2003, 117 Stat. 1551] 

§ 1764. Authority to establish different minimum requirements 

(a) AUTHORITY.—(1) The Secretary of Defense may prescribe a 

different minimum number of years of experience, different minimum education qualifications, and different tenure of service 

qualifications to be required for eligibility for appointment or advancement to an acquisition position referred to in subsection (b) 

than is required for such position under or pursuant to any provision of this chapter. 
§ 1764 CH. 87—DEFENSE ACQUISITION WORKFORCE 938 

(2) Any requirement prescribed under paragraph (1) for a position referred to in any paragraph of subsection (b) shall be applied 

uniformly to all positions referred to in such paragraph. 

(b) APPLICABILITY.—This section applies to the following acquisition positions in the Department of Defense: 

(1) Contracting officer, except a position referred to in 

paragraph (6). 

(2) Program executive officer. 

(3) Senior contracting official. 

(4) Program manager. 

(5) Deputy program manager. 

(6) A position in the contract contingency force of an armed 

force that is filled by a member of that armed force. 

(c) DEFINITION.—In this section, the term ‘‘contract contingency 

force’’, with respect to an armed force, has the meaning given such 

term in regulations prescribed by the Secretary concerned. 

(Added Pub. L. 108–136, div. A, title VIII, Sec. 835(2), Nov. 24, 2003, 117 Stat. 1551; amended 

Pub. L. 108–375, div. A, title VIII, Sec. 812(c), Oct. 28, 2004, 118 Stat. 2013.) 
939 

1 In the first sentence of section 1781(a), ‘‘Director’’ should be ‘‘Office’’. 

2 In the second sentence of section 1781(a), ‘‘office’’ should be ‘‘Office’’. 

CHAPTER 88—MILITARY FAMILY PROGRAMS AND 

MILITARY CHILD CARE 

Subchapter Sec. 

I. Military Family Programs ......................................................................... 1781 

II. Military Child Care .................................................................................... 1791 

SUBCHAPTER I—MILITARY FAMILY PROGRAMS 

Sec. 

1781. Office of Family Policy. 

1781a. Department of Defense Military Family Readiness Council. 

1781b. Department of Defense policy and plans for military family readiness. 

1781c. Office of Community Support for Military Families With Special Needs. 

1782. Surveys of military families. 

1783. Family members serving on advisory committees. 

1784. Employment opportunities for military spouses. 

1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities. 

1785. Youth sponsorship program. 

1786. Dependent student travel within the United States. 

1787. Reporting of child abuse. 

1788. Additional family assistance. 

1789. Chaplain-led programs: authorized support. 

§ 1781. Office of Family Policy 

(a) ESTABLISHMENT.—There is in the Director 1 of the Secretary 

of Defense an Office of Family Policy (hereinafter in this section referred to as the ‘‘Office’’). The office 2 shall be headed by the Director of Family Policy, who shall serve within the office of the Under 

Secretary of Defense for Personnel and Readiness. 

(b) DUTIES.—The Director— 

(1) shall coordinate programs and activities of the military 

departments to the extent that they relate to military families; 

and 

(2) shall make recommendations to the Secretaries of the 

military departments with respect to programs and policies regarding military families. 

(c) STAFF.—The Director shall have not less than five professional staff members. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended 

Pub. L. 111–383, div. A, title IX, Sec. 901(h), Jan. 7, 2011, 124 Stat. 4323.) 

§ 1781a. Department of Defense Military Family Readiness 

Council 

(a) IN GENERAL.—There is in the Department of Defense the 

Department of Defense Military Family Readiness Council (in this 

section referred to as the ‘‘Council’’). 
§ 1781a CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 940 

(b) MEMBERS.—(1) The Council shall consist of the following 

members: 

(A) The Under Secretary of Defense for Personnel and 

Readiness, who shall serve as chair of the Council. 

(B) One representative of each of the Army, Navy, Marine 

Corps, and Air Force. 

(C) In addition to the representatives appointed under subparagraph (B)— 

(i) one representative from the Army National Guard 

or Air National Guard; and 

(ii) one representative from the Army Reserve, Navy 

Reserve, Marine Corps Reserve, or Air Force Reserve. 

(D) Three individuals appointed from among representatives of military family organizations, including military family 

organizations of families of members of the regular components 

and of families of members of the reserve components. 

(E) The spouse of a general or flag officer. 

(F) In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisor, or the 

spouse of a senior enlisted member, from each of the Army, 

Navy, Marine Corps, and Air Force. 

(G) The Director of the Office of Community Support for 

Military Families With Special Needs. 

(2) The term on the Council of the members appointed under 

subparagraphs (C), (D), and (E) of paragraph (1) shall be three 

years. Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard and 

Air National Guard. Representation required by clause (ii) of such 

paragraph shall rotate among the reserve components specified in 

such clause. 

(3) The Secretary of Defense shall appoint the members of the 

Council required by subparagraphs (B) through (F) of paragraph 

(1). 

(c) MEETINGS.—The Council shall meet not less often than 

twice each year. 

(d) DUTIES.—The duties of the Council shall include the following: 

(1) To review and make recommendations to the Secretary 

of Defense regarding the policy and plans required under section 1781b of this title. 

(2) To monitor requirements for the support of military 

family readiness by the Department of Defense. 

(3) To evaluate and assess the effectiveness of the military 

family readiness programs and activities of the Department of 

Defense. 

(e) ANNUAL REPORTS.—(1) Not later than February 1 each 

year, the Council shall submit to the Secretary of Defense and the 

congressional defense committees a report on military family readiness. 

(2) Each report under this subsection shall include the following: 

(A) An assessment of the adequacy and effectiveness of the 

military family readiness programs and activities of the De-
941 § 1781b CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

partment of Defense during the preceding fiscal year in meeting the needs and requirements of military families. 

(B) Recommendations on actions to be taken to improve 

the capability of the military family readiness programs and 

activities of the Department of Defense to meet the needs and 

requirements of military families, including actions relating to 

the allocation of funding and other resources to and among 

such programs and activities. 

(Added Pub. L. 110–181, div. A, title V, Sec. 581(a), Jan. 28, 2008, 122 Stat. 120; amended Pub. 

L. 111–84, div. A, title V, Sec. 562, Oct. 28, 2009, 123 Stat. 2303; Pub. L. 111–383, div. A, title 

V, Sec. 581, Jan. 7, 2011, 124 Stat. 4226.) 

§ 1781b. Department of Defense policy and plans for military family readiness 

(a) POLICY AND PLANS REQUIRED.—The Secretary of Defense 

shall develop a policy and plans for the Department of Defense for 

the support of military family readiness. 

(b) PURPOSES.—The purposes of the policy and plans required 

under subsection (a) are as follows: 

(1) To ensure that the military family readiness programs 

and activities of the Department of Defense are comprehensive, 

effective, and properly supported. 

(2) To ensure that support is continuously available to 

military families in peacetime and in war, as well as during 

periods of force structure change and relocation of military 

units. 

(3) To ensure that the military family readiness programs 

and activities of the Department of Defense are available to all 

military families, including military families of members of the 

regular components and military families of members of the reserve components. 

(4) To make military family readiness an explicit element 

of applicable Department of Defense plans, programs, and 

budgeting activities, and that achievement of military family 

readiness is expressed through Department-wide goals that are 

identifiable and measurable. 

(5) To ensure that the military family readiness programs 

and activities of the Department of Defense undergo continuous evaluation in order to ensure that resources are allocated 

and expended for such programs and activities to achieve Department-wide family readiness goals. 

(c) ELEMENTS OF POLICY.—The policy required under subsection (a) shall include the following elements: 

(1) A list of military family readiness programs and activities. 

(2) Department of Defense-wide goals for military family 

support, including joint programs, both for military families of 

members of the regular components and military families of 

members of the reserve components. 

(3) Policies on access to military family support programs 

and activities based on military family populations served and 

geographical location. 
§ 1781c CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 942 

(4) Metrics to measure the performance and effectiveness 

of the military family readiness programs and activities of the 

Department of Defense. 

(5) A summary, by fiscal year, of the allocation of funds 

(including appropriated funds and nonappropriated funds) for 

major categories of military family readiness programs and activities of the Department of Defense, set forth for each of the 

military departments and for the Office of the Secretary of 

Defense. 

(d) ANNUAL REPORT.—Not later than March 1 each year, the 

Secretary of Defense shall submit to the congressional defense committees a report on the plans required under subsection (a) for the 

five-fiscal year period beginning with the fiscal year in which the 

report is submitted. Each report shall include the plans covered by 

the report and an assessment of the discharge by the Department 

of Defense of the previous plans submitted under this section. 

(Added Pub. L. 110–181, div. A, title V, Sec. 581(a), Jan. 28, 2008, 122 Stat. 121; amended Pub. 

L. 111–383, div. A, title X, Sec. 1075(b)(23), Jan. 7, 2011, 124 Stat. 4370.) 

§ 1781c. Office of Community Support for Military Families 

With Special Needs 

(a) ESTABLISHMENT.—There is in the Office of the Under Secretary of Defense for Personnel and Readiness the Office of Community Support for Military Families With Special Needs (in this 

section referred to as the ‘‘Office’’). 

(b) PURPOSE.—The purpose of the Office is to enhance and improve Department of Defense support around the world for military 

families with special needs (whether medical or educational needs) 

through the development of appropriate policies, enhancement and 

dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for 

services and in obtaining service, and oversight of the activities of 

the military departments in support of such families. 

(c) DIRECTOR.—(1) The head of the Office shall be the Director 

of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service 

or a general officer or flag officer. 

(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of 

the Under Secretary of Defense for Personnel and Readiness. 

(d) RESPONSIBILITIES.—The Office shall have the responsibilities as follows: 

(1) To develop and implement a comprehensive policy on 

support for military families with special needs as required by 

subsection (e). 

(2) To establish and oversee the programs required by subsection (f). 

(3) To identify gaps in services available through the Department of Defense for military families with special needs. 

(4) To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing 

resources and training and ensuring the provision of special assistance to military families with special needs and military 

parents of individuals with special needs (including through 
943 § 1781c CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

the provision of training and seminars to members of the 

armed forces). 

(5) To monitor the programs of the military departments 

for the assignment of members of the armed forces who are 

members of military families with special needs, and the programs for the support of such military families, and to advise 

the Secretary of Defense on the adequacy of such programs in 

conjunction with the preparation of future-years defense programs and other budgeting and planning activities of the Department of Defense. 

(6) To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs. 

(7) To conduct periodic reviews of best practices in the 

United States in the provision of medical and educational services for children with special needs. 

(8) To carry out such other matters with respect to the programs and activities of the Department of Defense regarding 

military families with special needs as the Under Secretary of 

Defense for Personnel and Readiness shall specify. 

(e) POLICY.—(1) The Office shall develop, and update from time 

to time, a uniform policy for the Department of Defense regarding 

military families with special needs. The policy shall apply with respect to members of the armed forces without regard to their location, whether within or outside the continental United States. 

(2) The policy developed under this subsection shall include 

elements regarding the following: 

(A) The assignment of members of the armed forces who 

are members of military families with special needs. 

(B) Support for military families with special needs. 

(3) In addressing the assignment of members of the armed 

forces under paragraph (2)(A), the policy developed under this subsection shall, in a manner consistent with the needs of the armed 

forces and responsive to the career development of members of the 

armed forces on active duty, provide for such members each of the 

following: 

(A) Assignment to locations where care and support for 

family members with special needs are available. 

(B) Stabilization of assignment for a minimum of 4 years. 

(4) In addressing support for military families under paragraph 

(2)(B), the policy developed under this subsection shall provide the 

following: 

(A) Procedures to identify members of the armed forces 

who are members of military families with special needs. 

(B) Mechanisms to ensure timely and accurate evaluations 

of members of such families who have special needs. 

(C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the 

military department for the support of military families with 

special needs. 

(D) Procedures to ensure the coordination of Department of 

Defense health care programs and support programs for military families with special needs, and the coordination of such 

programs with other Federal, State, local, and non-govern-
§ 1781c CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 944 

mental health care programs and support programs intended 

to serve such families. 

(E) Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individualized 

support for military families with special needs. 

(F) Requirements regarding the development and continuous updating of an individualized services plan (medical and 

educational) for each military family with special needs. 

(G) Requirements for record keeping, reporting, and continuous monitoring of available resources and family needs 

under individualized services support plans for military families with special needs, including the establishment and maintenance of a central or various regional databases for such purposes. 

(f) PROGRAMS.—(1) The Office shall establish, maintain, and 

oversee a program to provide information and referral services on 

special needs matters to military families with special needs on a 

continuous basis regardless of the location of the member’s assignment. The program shall provide for timely access by members of 

such military families to individual case managers and counselors 

on matters relating to special needs. 

(2) The Office shall establish, maintain, and oversee a program 

of outreach on special needs matters for military families with special needs. The program shall— 

(A) assist military families in identifying whether or not 

they have a member with special needs; and 

(B) provide military families with special needs with information on the services, support, and assistance available 

through the Department of Defense regarding such members 

with special needs, including information on enrollment in programs of the military departments for such services, support, 

and assistance. 

(3)(A) The Office shall provide support to the Secretary of each 

military department in the establishment and sustainment by such 

Secretary of a program for the support of military families with 

special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office 

under subsection (e). 

(B) Each program under this paragraph shall provide for appropriate numbers of case managers for the development and oversight of individualized services plans for educational and medical 

support for military families with special needs. 

(C) Services under a program under this paragraph may be 

provided by contract or other arrangements with non-Department 

of Defense entities qualified to provide such services. 

(g) RESOURCES.—The Secretary of Defense shall assign to the 

Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the Office, including a sufficient number of members of the armed forces 

to ensure appropriate representation by the military departments 

in the personnel of the Office. 
945 § 1782 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

(h) REPORTS.—(1) Not later than April 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the activities of the Office. 

(2) Each report under this subsection shall include the following: 

(A) A description of any gaps in services available through 

the Department of Defense for military families with special 

needs that were identified under subsection (d)(3). 

(B) A description of the actions being taken, or planned, to 

address such gaps, including any plans developed under subsection (d)(4). 

(C) Such recommendations for legislative action as the Secretary considers appropriate to provide for the continuous improvement of support and services for military families with 

special needs. 

(i) MILITARY FAMILY WITH SPECIAL NEEDS.—For purposes of 

this section, a military family with special needs is any military 

family with one or more members who has a medical or educational 

special need (as defined by the Secretary in regulations for purposes of this section), including a condition covered by the Extended Health Care Option Program under section 1079f of this 

title. 

(Added Pub. L. 111–84, div. A, title V, Sec. 563(a)(1), Oct. 28, 2009, 123 Stat. 2304; amended 

Pub. L. 111–383, div. A, title V, Sec. 582(a), (b), title X, Sec. 1075(b)(24), Jan. 7, 2011, 124 Stat. 

4226, 4227, 4370.) 

§ 1782. Surveys of military families 

(a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military 

families and the need for new programs, may conduct surveys of— 

(1) members of the armed forces who are on active duty, 

in an active status, or retired; 

(2) family members of such members; and 

(3) survivors of deceased retired members and of members 

who died while on active duty. 

(b) RESPONSES TO BE VOLUNTARY.—Responses to surveys conducted under this section shall be voluntary. 

(c) FEDERAL RECORDKEEPING REQUIREMENTS.—With respect to 

a survey authorized under subsection (a) that includes a person referred to in that subsection who is not an employee of the United 

States or is not otherwise considered an employee of the United 

States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States 

for the purposes of that section. 

(d) SURVEY REQUIRED FOR FISCAL YEAR 2010.—Notwithstanding subsection (a), during fiscal year 2010, the Secretary of 

Defense shall conduct a survey otherwise authorized under such 

subsection. Thereafter, additional surveys may be conducted not 

less often than once every three fiscal years. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended 

Pub. L. 107–107, div. A, title V, Sec. 572, Dec. 28, 2001, 115 Stat. 1122; Pub. L. 110–181, div. 

A, title V, Sec. 581(c), Jan. 28, 2008, 122 Stat. 122.) 
§ 1783 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 946 

§ 1783. Family members serving on advisory committees 

A committee within the Department of Defense which advises 

or assists the Department in the performance of any function 

which affects members of military families and which includes 

members of military families in its membership shall not be considered an advisory committee under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330.) 

§ 1784. Employment opportunities for military spouses 

(a) AUTHORITY.—The President shall order such measures as 

the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures 

may include— 

(1) excepting, pursuant to section 3302 of title 5, from the 

competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed 

forces in the same geographical area as the permanent duty 

station of the members; and 

(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of 

the armed forces stationed in the same geographical area as 

the nonappropriated fund activity for positions in wage grade 

UA–8 and below and equivalent positions and for positions 

paid at hourly rates. 

(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations— 

(1) to implement such measures as the President orders 

under subsection (a); 

(2) to provide preference to qualified spouses of members 

of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position 

is located in the same geographical area as the permanent 

duty station of the member; 

(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose 

permanent duty stations are in the same geographic area as 

the area in which the position is located; and 

(4) to ensure that the spouse of a member of the armed 

forces who applies for a vacant position in the Department of 

Defense shall, to the extent practicable, be considered for any 

such position located in the same geographic area as the permanent duty station of the member. 

(c) STATUS OF PREFERENCE ELIGIBLES.—Nothing in this section 

shall be construed to provide a spouse of a member of the armed 

forces with preference in hiring over an individual who is a preference eligible. 

(d) SPACE-AVAILABLE USE OF FACILITIES FOR SPOUSE TRAINING

PURPOSES.—Under regulations prescribed by the Secretary of De-
947 § 1784a CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

fense, the Secretary of a military department may make available 

to a non-Department of Defense entity space in non-excess facilities 

controlled by that Secretary for the purpose of the non-Department 

of Defense entity providing employment-related training for military spouses. 

(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments 

and agencies to expand and facilitate the use of existing Federal 

programs and resources in support of military spouse employment. 

(f) PRIVATE-SECTOR EMPLOYMENT.—The Secretary of Defense— 

(1) shall seek to develop partnerships with firms in the private sector to enhance employment opportunities for spouses of 

members of the armed forces and to provide for improved job 

portability for such spouses, especially in the case of the spouse 

of a member of the armed forces accompanying the member to 

a new geographical area because of a change of permanent 

duty station of the member; and 

(2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate 

the formation of such partnerships. 

(g) EMPLOYMENT WITH DOD CONTRACTORS.—The Secretary of 

Defense shall examine and seek ways for incorporating hiring preferences for qualified spouses of members of the armed forces into 

contracts between the Department of Defense and private-sector 

entities. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended 

Pub. L. 107–107, div. A, title V, Sec. 571(c), Dec. 28, 2001, 115 Stat. 1121.) 

§ 1784a. Education and training opportunities for military 

spouses to expand employment and portable career opportunities 

(a) PROGRAMS AND TUITION ASSISTANCE.—(1) The Secretary of 

Defense may establish programs to assist the spouse of a member 

of the armed forces described in subsection (b) in achieving— 

(A) the education and training required for a degree or credential at an accredited college, university, or technical school 

in the United States that expands employment and portable 

career opportunities for the spouse; or 

(B) the education prerequisites and professional licensure 

or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse. 

(2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, 

or a license or credential to expand the spouse’s employment and 

portable career opportunities. 

(b) ELIGIBLE SPOUSES.—Assistance under this section is limited 

to a spouse of a member of the armed forces who is serving on active duty. 

(c) EXCEPTIONS.—Subsection (b) does not include— 
§ 1785 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 948 

(1) a person who is married to, but legally separated from, 

a member of the armed forces under court order or statute of 

any State or territorial possession of the United States; and 

(2) a spouse of a member of the armed forces who is also 

a member of the armed forces. 

(d) PORTABLE CAREER OPPORTUNITIES DEFINED.—In this section, the term ‘‘portable career’’ includes an occupation identified by 

the Secretary of Defense, in consultation with the Secretary of 

Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses. 

(e) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to govern the availability and use of assistance under 

this section. The Secretary shall ensure that programs established 

under this section do not result in inequitable treatment for 

spouses of members of the armed forces who are also members, 

since they are excluded from participation in the programs under 

subsection (c)(2). 

(Added Pub. L. 110–417, [div. A], title V, Sec. 582(a), Oct. 14, 2008, 122 Stat. 4473.) 

§ 1785. Youth sponsorship program 

(a) REQUIREMENT.—The Secretary of Defense shall require that 

there be at each military installation a youth sponsorship program 

to facilitate the integration of dependent children of members of 

the armed forces into new surroundings when moving to that military installation as a result of a parent’s permanent change of station. 

(b) DESCRIPTION OF PROGRAMS.—The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage 

years. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) 

§ 1786. Dependent student travel within the United States 

Funds available to the Department of Defense for the travel 

and transportation of dependent students of members of the armed 

forces stationed overseas may be obligated for transportation allowances for travel within or between the contiguous States. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) 

§ 1787. Reporting of child abuse 

(a) IN GENERAL.—The Secretary of Defense shall request each 

State to provide for the reporting to the Secretary of any report the 

State receives of known or suspected instances of child abuse and 

neglect in which the person having care of the child is a member 

of the armed forces (or the spouse of the member). 

(b) DEFINITION.—In this section, the term ‘‘child abuse and neglect’’ has the meaning provided in section 3(1) of the Child Abuse 

Prevention and Treatment Act (42 U.S.C. 5102). 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) 
949 § 1791 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

§ 1788. Additional family assistance 

(a) AUTHORITY.—The Secretary of Defense may provide for the 

families of members of the armed forces serving on active duty, in 

addition to any other assistance available for such families, any assistance that the Secretary considers appropriate to ensure that the 

children of such members obtain needed child care, education, and 

other youth services. 

(b) PRIMARY PURPOSE OF ASSISTANCE.—The assistance authorized by this section should be directed primarily toward providing 

needed family support, including child care, education, and other 

youth services, for children of members of the armed forces who are 

deployed, assigned to duty, or ordered to active duty in connection 

with a contingency operation. 

(Added Pub. L. 107–314, div. A, title VI, Sec. 652(a)(1), Dec. 2, 2002, 116 Stat. 2581; amended 

Pub. L. 111–383, div. A, title X, Sec. 1075(b)(25), Jan. 7, 2011, 124 Stat. 4370.) 

§ 1789. Chaplain-led programs: authorized support 

(a) AUTHORITY.—The Secretary of a military department may 

provide support services described in subsection (b) to support 

chaplain-led programs to assist members of the armed forces on active duty and their immediate family members, and members of reserve components in an active status and their immediate family 

members, in building and maintaining a strong family structure. 

(b) AUTHORIZED SUPPORT SERVICES.—The support services referred to in subsection (a) are costs of transportation, food, lodging, 

child care, supplies, fees, and training materials for members of the 

armed forces and their family members while participating in programs referred to in that subsection, including participation at retreats and conferences. 

(c) IMMEDIATE FAMILY MEMBERS.—In this section, the term 

‘‘immediate family members’’, with respect to a member of the 

armed forces, means— 

(1) the member’s spouse; and 

(2) any child (as defined in section 1072(6) of this title) of 

the member who is described in subparagraph (D) of section 

1072(2) of this title. 

(Added Pub. L. 108–136, div. A, title V, Sec. 582(a)(1), Nov. 24, 2003, 117 Stat. 1489.) 

SUBCHAPTER II—MILITARY CHILD CARE 

Sec. 

1791. Funding for military child care. 

1792. Child care for employees. 

1793. Parent fees. 

1794. Child abuse prevention and safety at facilities. 

1795. Parent partnerships with child development centers. 

1796. Subsidies for family home day care. 

1797. Early childhood education program. 

1798. Child care services and youth program services for dependents: financial 

assistance for providers. 

1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible. 

1800. Definitions. 

§ 1791. Funding for military child care 

It is the policy of Congress that the amount of appropriated 

funds available during a fiscal year for operating expenses for mili-
§ 1792 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 950 

tary child development centers and programs shall be not less than 

the amount of child care fee receipts that are estimated to be received by the Department of Defense during that fiscal year. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 332.) 

§ 1792. Child care employees 

(a) REQUIRED TRAINING.—(1) The Secretary of Defense shall 

prescribe regulations implementing a training program for child 

care employees. Those regulations shall apply uniformly among the 

military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment 

of any person as a child care employee. 

(2) Under those regulations, the Secretary shall require that 

each child care employee complete the training program not later 

than six months after the date on which the employee is employed 

as a child care employee. 

(3) The training program established under this subsection 

shall cover, at a minimum, training in the following: 

(A) Early childhood development. 

(B) Activities and disciplinary techniques appropriate to 

children of different ages. 

(C) Child abuse prevention and detection. 

(D) Cardiopulmonary resuscitation and other emergency 

medical procedures. 

(b) TRAINING AND CURRICULUM SPECIALISTS.—(1) The Secretary of Defense shall require that at least one employee at each 

military child development center be a specialist in training and 

curriculum development. The Secretary shall ensure that such employees have appropriate credentials and experience. 

(2) The duties of such employees shall include the following: 

(A) Special teaching activities at the center. 

(B) Daily oversight and instruction of other child care employees at the center. 

(C) Daily assistance in the preparation of lesson plans. 

(D) Assistance in the center’s child abuse prevention and 

detection program. 

(E) Advising the director of the center on the performance 

of other child care employees. 

(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position. 

(c) COMPETITIVE RATES OF PAY.—For the purpose of providing 

military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly 

involved in providing child care and are paid from nonappropriated 

funds— 

(1) in the case of entry-level employees, shall be paid at 

rates of pay competitive with the rates of pay paid to other 

entry-level employees at that installation who are drawn from 

the same labor pool; and 

(2) in the case of other employees, shall be paid at rates 

of pay substantially equivalent to the rates of pay paid to other 

employees at that installation with similar training, seniority, 

and experience. 
951 § 1794 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

(d) COMPETITIVE SERVICE POSITION DEFINED.—In this section, 

the term ‘‘competitive service position’’ means a position in the 

competitive service, as defined in section 2102(a)(1) of title 5. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended 

Pub. L. 105–85, div. A, title X, Sec. 1073(a)(34), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 105– 

261, div. A, title XI, Sec. 1106, Oct. 17, 1998, 112 Stat. 2142.) 

§ 1793. Parent fees 

(a) IN GENERAL.—The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance 

of children at military child development centers. Those regulations 

shall be uniform for the military departments and shall require 

that, in the case of children who attend the centers on a regular 

basis, the fees shall be based on family income. 

(b) LOCAL WAIVER AUTHORITY.—The Secretary of Defense may 

provide authority to installation commanders, on a case-by-case 

basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection 

(a) if the rates prescribed under subsection (a) are not competitive 

with rates at local non-military child development centers. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 333.) 

§ 1794. Child abuse prevention and safety at facilities 

(a) CHILD ABUSE TASK FORCE.—The Secretary of Defense shall 

maintain a special task force to respond to allegations of widespread child abuse at a military installation. The task force shall 

be composed of personnel from appropriate disciplines, including, 

where appropriate, medicine, psychology, and childhood development. In the case of such allegations, the task force shall provide 

assistance to the commander of the installation, and to parents at 

the installation, in helping them to deal with such allegations. 

(b) NATIONAL HOTLINE.—(1) The Secretary of Defense shall 

maintain a national telephone number for persons to use to report 

suspected child abuse or safety violations at a military child development center or family home day care site. The Secretary shall 

ensure that such reports may be made anonymously if so desired 

by the person making the report. The Secretary shall establish procedures for following up on complaints and information received 

over that number. 

(2) The Secretary shall publicize the existence of the number. 

(c) ASSISTANCE FROM LOCAL AUTHORITIES.—The Secretary of 

Defense shall prescribe regulations requiring that, in a case of allegations of child abuse at a military child development center or 

family home day care site, the commander of the military installation or the head of the task force established under subsection (a) 

shall seek the assistance of local child protective authorities if such 

assistance is available. 

(d) SAFETY REGULATIONS.—The Secretary of Defense shall prescribe regulations on safety and operating procedures at military 

child development centers. Those regulations shall apply uniformly 

among the military departments. 

(e) INSPECTIONS.—The Secretary of Defense shall require that 

each military child development center be inspected not less often 

than four times a year. Each such inspection shall be unannounced. 
§ 1795 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 952 

At least one inspection a year shall be carried out by a representative of the installation served by the center, and one inspection a 

year shall be carried out by a representative of the major command 

under which that installation operates. 

(f) REMEDIES FOR VIOLATIONS.—(1) Except as provided in paragraph (2), any violation of a safety, health, or child welfare law or 

regulation (discovered at an inspection or otherwise) at a military 

child development center shall be remedied immediately. 

(2) In the case of a violation that is not life threatening, the 

commander of the major command under which the installation 

concerned operates may waive the requirement that the violation 

be remedied immediately for a period of up to 90 days beginning 

on the date of the discovery of the violation. If the violation is not 

remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. 

The Secretary of the military department concerned may waive the 

preceding sentence and authorize the center to remain open in a 

case in which the violation cannot reasonably be remedied within 

that 90-day period or in which major facility reconstruction is required. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 333.) 

§ 1795. Parent partnerships with child development centers 

(a) PARENT BOARDS.—The Secretary of Defense shall require 

that there be established at each military child development center 

a board of parents, to be composed of parents of children attending 

the center. The board shall meet periodically with staff of the center and the commander of the installation served by the center for 

the purpose of discussing problems and concerns. The board, together with the staff of the center, shall be responsible for coordinating the parent participation program described in subsection 

(b). 

(b) PARENT PARTICIPATION PROGRAMS.—The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. As part of such 

program, the Secretary of Defense may establish fees for attendance of children at such a center, in the case of parents who participate in the parent participation program at that center, at rates 

lower than the rates that otherwise apply. 

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

§ 1796. Subsidies for family home day care 

The Secretary of Defense may use appropriated funds available 

for military child care purposes to provide assistance to family 

home day care providers so that family home day care services can 

be provided to members of the armed forces at a cost comparable 

to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of 

such assistance. 

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

§ 1797. Early childhood education program 

The Secretary of Defense shall require that all military child 

development centers meet standards of operation necessary for ac-
953 § 1798 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE

creditation by an appropriate national early childhood programs accrediting body. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 335.) 

§ 1798. Child care services and youth program services for 

dependents: financial assistance for providers 

(a) AUTHORITY.—The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services 

or youth program services that furnishes such services for members 

of the armed forces and employees of the United States if the Secretary determines that providing such financial assistance— 

(1) is in the best interest of the Department of Defense; 

(2) enables supplementation or expansion of furnishing of 

child care services or youth program services for military installations, while not supplanting or replacing such services; 

and 

(3) ensures that the eligible provider is able to comply, and 

does comply, with the regulations, policies, and standards of 

the Department of Defense that are applicable to the furnishing of such services. 

(b) ELIGIBLE PROVIDERS.—A provider of child care services or 

youth program services is eligible for financial assistance under 

this section if the provider— 

(1) is licensed to provide those services under applicable 

State and local law; 

(2) has previously provided such services for members of 

the armed forces or employees of the United States; and 

(3) either— 

(A) is a family home day care provider; or 

(B) is a provider of family child care services that— 

(i) otherwise provides federally funded or sponsored child development services; 

(ii) provides the services in a child development 

center owned and operated by a private, not-for-profit 

organization; 

(iii) provides before-school or after-school child 

care program in a public school facility; 

(iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program; 

(v) conducts a school age child care or youth services program that is owned and operated by a not-forprofit organization; or 

(vi) is a provider of another category of child care 

services or youth services determined by the Secretary 

of Defense as appropriate for meeting the needs of 

members of the armed forces or employees of the Department of Defense. 

(c) FUNDING.—To provide financial assistance under this subsection, the Secretary of Defense may use any funds appropriated 

to the Department of Defense for operation and maintenance. 

(Added Pub. L. 106–65, div. A, title V, Sec. 584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended 

Pub. L. 107–314, div. A, title X, Sec. 1041(a)(6), Dec. 2, 2002, 116 Stat. 2645.) 
§ 1799 CH. 88—MILITARY FAMILY PROGRAMS & MILITARY CHILD CARE 954 

§ 1799. Child care services and youth program services for 

dependents: participation by children and youth 

otherwise ineligible 

(a) AUTHORITY.—The Secretary of Defense may authorize participation in child care or youth programs of the Department of Defense, to the extent of the availability of space and services, by children and youth under the age of 19 who are not dependents of 

members of the armed forces or of employees of the Department of 

Defense and are not otherwise eligible for participation in those 

programs. 

(b) LIMITATION.—Authorization of participation in a program 

under subsection (a) shall be limited to situations in which that 

participation promotes the attainment of the objectives set forth in 

subsection (c), as determined by the Secretary. 

(c) OBJECTIVES.—The objectives for authorizing participation in 

a program under subsection (a) are as follows: 

(1) To support the integration of children and youth of 

military families into civilian communities. 

(2) To make more efficient use of Department of Defense 

facilities and resources. 

(3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations 

serving children of members of the armed forces. 

(Added Pub. L. 106–65, div. A, title V, Sec. 584(a)(1)(B), Oct. 5, 1999, 113 Stat. 635; amended 

Pub. L. 107–314, div. A, title X, Sec. 1041(a)(7), Dec. 2, 2002, 116 Stat. 2645.) 

§ 1800. Definitions 

In this subchapter: 

(1) The term ‘‘military child development center’’ means a 

facility on a military installation (or on property under the jurisdiction of the commander of a military installation) at which 

child care services are provided for members of the armed 

forces or any other facility at which such child care services 

are provided that is operated by the Secretary of a military department. 

(2) The term ‘‘family home day care’’ means home-based 

child care services that are provided for members of the armed 

forces by an individual who (A) is certified by the Secretary of 

the military department concerned as qualified to provide 

those services, and (B) provides those services on a regular 

basis for compensation. 

(3) The term ‘‘child care employee’’ means a civilian employee of the Department of Defense who is employed to work 

in a military child development center (regardless of whether 

the employee is paid from appropriated funds or nonappropriated funds). 

(4) The term ‘‘child care fee receipts’’ means those nonappropriated funds that are derived from fees paid by members 

of the armed forces for child care services provided at military 

child development centers. 

(Added Pub. L. 104–106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 335, Sec. 1798; 

renumbered Sec. 1800, Pub. L. 106–65, div. A, title V, Sec. 584(a)(1)(A), Oct. 5, 1999, 113 Stat. 

634.) 
955 

[CHAPTER 89—REPEALED] 

[§§ 1801 to 1805. Repealed. Pub. L. 104–106, div. A, title X, 

Sec. 1061(a)(1), Feb. 10, 1996, 110 Stat. 442]