dreamproit/uscode huggingface dataset:
10 U.S.C. § 777a (ARMED FORCES)
§ 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;
(2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and
(4) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.
(c) Benefits Not to Be Construed as Accruing.—
(1) Authority provided to an officer as described in subsection (a) to wear the insignia of a higher grade may not be construed as conferring authority for that officer to—
(A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or
(B) assume any legal authority associated with that grade.
(2) The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:
(A) Seniority in that grade.
(B) Time of service in that grade.
(d) Limitation on Number of Officers Frocked.—
The total number of officers who are authorized to wear the insignia for a higher grade under this section shall count against the limitation in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.
(Added Pub. L. 111–383, div. A, title V, § 505(a)(1), Jan. 7, 2011, 124 Stat. 4208.)
10 U.S.C. § 805 (ARMED FORCES)
§ 805. Art. 5. Territorial applicability of this chapter
This chapter applies in all places.
(Aug. 10, 1956, ch. 1041, 70A Stat. 39.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
805
50:555.
May 5, 1950, ch. 169, § 1 (Art. 5), 64 Stat. 110.
The word “applies” is substituted for the words “shall be applicable”.
10 U.S.C. § 806a (ARMED FORCES)
§ 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, § 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.)
heading: Amendments
text: 1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (b). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
10 U.S.C. § 807 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
807(a)
807(b)
50:561(a).
50:561(b).
May 5, 1950, ch. 169, § 1 (Art. 7), 64 Stat. 111.
807(c)
50:561(c).
In subsection (a), the words “into custody” and “of a person” are transposed.
In subsection (c), the words “All” and “shall” are omitted as surplusage. The word “Commissioned” is inserted before the word “officers” for clarity. The word “therein” is substituted for the words “in the same”.
10 U.S.C. § 808 (ARMED FORCES)
§ 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, § 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
808
50:562.
May 5, 1950, ch. 169, § 1 (Art. 8), 64 Stat. 111.
The word “may” is substituted for the words “It shall be lawful for * * * to”. The words “a State, Territory, Commonwealth, or possession, or the District of Columbia” are substituted for the words “any State, District, Territory, or possession of the United States”. The words “of the United States”, before the words “and deliver”, are omitted as surplusage. The words “those forces” are substituted for the words “the armed forces of the United States”, after the words “custody of”.
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “Commonwealth, possession,” for “Territory, Commonwealth, or possession,”.
10 U.S.C. § 809 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
809(a)
809(b)
50:563(a).
50:563(b).
May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111.
809(c)
50:563(c).
809(d)
50:563(d).
809(e)
50:563(e).
In subsection (b), the word “commissioned” is inserted before the word “officer” for clarity. The words “member” and “members”, respectively, are substituted for the words “person” and “persons”.
In subsection (c), the words “A commissioned” are substituted for the word “An” for clarity. The word “commissioned” is inserted after the word “another” for clarity.
In subsection (d), the word “may” is substituted for the word “shall”.
In subsection (e), the word “limits” is substituted for the words “shall be construed to limit”.
10 U.S.C. § 810 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
810
50:564.
May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111.
The word “he” is substituted for the words “such person”.
10 U.S.C. § 811 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
811(a)
811(b)
50:565(a).
50:565(b).
May 5, 1950, ch. 169, § 1 (Art. 11), 64 Stat. 112.
In subsection (a), the word “may” is substituted for the word “shall”. The words “a commissioned” are substituted for the word “an” for clarity.
10 U.S.C. § 812 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
812
50:566.
May 5, 1950, ch. 169, § 1 (Art. 12), 64 Stat. 112.
The words “of the United States” are omitted as surplusage. The word “may” is substituted for the word “shall”.
10 U.S.C. § 813 (ARMED FORCES)
§ 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, § 3, Nov. 20, 1981, 95 Stat. 1087.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
813
50:567.
May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112.
The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
heading: Amendments
text: 1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
10 U.S.C. § 814 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
814(a)
814(b)
50:568(a).
50:568(b).
May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112.
In subsection (a), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
In subsection (b), the word “interrupts” is substituted for the words “shall be held to interrupt”. The word “his” is substituted for the words “the said court-martial”.
heading: Regulations for Delivery of Military Personnel to Civil Authorities When Charged With Certain Offenses
text: Pub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to ensure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to transmit to committees of Congress a copy of such regulations and any recommendations for additional legislation not later than 120 days after Sept. 29, 1988.
10 U.S.C. § 817 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
817(a)
817(b)
50:577(a).
50:577(b).
May 5, 1950, ch. 169, § 1 (Art. 17), 64 Stat. 114.
In subsection (a), the word “has” is substituted for the words “shall have”.
In subsection (b), the word “after” is substituted for the words “subsequent to”. The words “the provisions of” are omitted as surplusage. The words “department that includes the” are inserted before the words “armed force”, since the review is carried out by the department and not by the armed force.
10 U.S.C. § 818 (ARMED FORCES)
§ 818. Art. 18. Jurisdiction of general courts-martial
Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter 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 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 court-martial 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, § 2(4), Oct. 24, 1968, 82 Stat. 1335.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
818
50:578.
May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114.
The word “shall” is omitted as surplusage wherever it occurs.
heading: Amendments
text: 1968—Pub. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 820 (ARMED FORCES)
§ 820. Art. 20. Jurisdiction of summary courts-martial
Subject to section 817 of this title (article 17), summary courts-martial 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 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, § 2(6), Oct. 24, 1968, 82 Stat. 1336.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
820
50:580.
May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114.
The word “shall” in the first sentence is omitted as surplusage. The word “may” is substituted for the word “shall” in the second sentence. The words “the provisions of” are omitted as surplusage. The word “If” is substituted for the word “Where”. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “pay in excess of”.
heading: Amendments
text: 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person’s objection if he has previously been offered and has refused article 15 punishment.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 821 (ARMED FORCES)
§ 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, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
821
50:581.
May 5, 1950, ch. 169, § 1 (Art. 21), 64 Stat. 115.
The words “do not deprive” are substituted for the words “shall not be construed as depriving”. The words “with respect to” are substituted for the words “in respect of”.
heading: Amendments
text: 2006—Pub. L. 109–366 inserted last sentence.
10 U.S.C. § 822 (ARMED FORCES)
§ 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, § 211(b), Oct. 1, 1986, 100 Stat. 1017; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
822(a)
822(b)
50:586(a).
50:586(b).
May 5, 1950, ch. 169, § 1 (Art. 22), 64 Stat. 115.
Subsection (a)(2) is substituted for the words “the Secretary of a Department”.
In subsection (a)(4), the words “continental limits of the” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia.
In subsection (a)(6), the words “any other commanding officer” are substituted for the words “such other commanding officers as may be”.
In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
heading: Amendments
text: 2006—Subsec. (a)(5). Pub. L. 109–163 struck out “a Territorial Department,” before “an Army Group”.
1986—Subsec. (a)(2) to (9). Pub. L. 99–433 added pars. (2) and (3) and redesignated existing pars. (2) to (7) as (4) to (9), respectively.