dreamproit/uscode huggingface dataset:
10 U.S.C. § 3919 (ARMED FORCES)
[§ 3919. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 226, authorized Secretary of the Army, when he determined that there were too many commissioned officers on active list of Regular Army in any grade who have at least 30 years of service, to convene a board of at least five general officers of Regular Army to make recommendations for retirement and to retire any officer so recommended.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 3920 (ARMED FORCES)
§ 3920. More than thirty years: permanent professors and the Director of Admissions of the United States Military Academy
(a) The Secretary of the Army may retire an officer specified in subsection (b) who has more than 30 years of service as a commissioned officer.
(b) Subsection (a) applies in the case of the following officers:
(1) Any permanent professor of the United States Military Academy.
(2) The Director of Admissions of the United States Military Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226; Pub. L. 104–106, div. A, title V, § 509(a)(1), Feb. 10, 1996, 110 Stat. 297.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3920
10:1079a(c) (proviso).
Aug. 7, 1947, ch. 512, § 520(c) (proviso), 61 Stat. 912.
The word “retire” is substituted for the words “direct the retirement of”. The words “as a commissioned officer” are substituted for the word “commissioned”.
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “permanent professors and the Director of Admissions of the United States Military Academy” for “permanent professors of United States Military Academy” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Army may retire any permanent professor of the United States Military Academy who has more than 30 years of service as a commissioned officer.”
10 U.S.C. § 3921 (ARMED FORCES)
§ 3921. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority
(a) Mandatory Retirement.—
Upon the termination of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire.
(b) Waiver Authority.—
The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
(Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602; amended Pub. L. 108–375, div. A, title V, § 541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903.)
heading: Prior Provisions
text: A prior section 3921, acts Aug. 10, 1956, ch. 1041, 70A Stat. 226; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of a promotion-list colonel, except as provided by section 8301 of title 5, on the 30th day after he completes 30 years of service or the 5th anniversary of the date of his appointment in that regular grade, whichever is later, with authority for the Secretary of the Army to defer retirement in certain cases, prior to repeal by Pub. L. 96–513, title II, § 217(a), title VII, § 701, Dec. 12, 1980, 94 Stat. 2886, 2955, effective Sept. 15, 1981. See section 634 of this title.
heading: Amendments
text: 2004—Pub. L. 108–375 inserted “; waiver authority” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Application of Section to Superintendents Serving on October 5, 1999
text: Pub. L. 106–65, div. A, title V, § 532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: “The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of Superintendent of the United States Military Academy, Superintendent of the United States Naval Academy, or Superintendent of the United States Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service.”
10 U.S.C. § 3922, 3923 (ARMED FORCES)
[§§ 3922, 3923. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section 3922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of a regular grade brigadier general, other than a professor of the United States Military Academy, except as provided by section 8301 of title 5, on the 30th day after he completes 30 years of service or the 5th anniversary of the date of his appointment in that regular grade, whichever is later, with authority for the Secretary of the Army to defer retirement in certain cases. See section 635 of this title.
text: Section 3923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 227; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, provided for retirement of a regular grade major general, except as provided by section 8301 of title 5, on the 30th day after he completes 35 years of service or the 5th anniversary of his appointment in that regular grade, whichever is later, with authority for the Secretary of the Army to defer retirement in certain cases. See section 636 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 3924 (ARMED FORCES)
§ 3924. Forty years or more: Army officers
(a) Except as provided in section 1186 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 3926 of this title shall be retired upon his request.
(b) Any warrant officer of the Army who has at least 40 years of service computed under section 3926(a) of this title shall be retired upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 227; Pub. L. 96–513, title V, § 502(17), Dec. 12, 1980, 94 Stat. 2910.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3924(a)
3924(b)
10:942 (as applicable to commissioned officers).
10:942 (less applicability to commissioned officers).
June 30, 1882, ch. 254 (last 21 words of 3d proviso under “Pay Department”), 22 Stat. 118.
In subsection (a), the words “except as provided in section 3786 of this title” are inserted, since, under that revised section, when board proceedings are pending against a commissioned officer, his right to retire under this revised section, which is otherwise absolute, is discretionary with the Secretary under that revised section.
In subsections (a) and (b), the words “or volunteer service, or both” are omitted as obsolete in accordance with an opinion of the Attorney General, 22 Ops. Atty. Gen. 199, August 30, 1898, holding that such words refer to volunteer service in the Civil War. The words “upon his request” are substituted for the words “if he make application therefor to the President”.
In subsection (b), the applicability of 10:942 to warrant officers is based on an opinion of the Judge Advocate General of the Army (JAGA 1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes 10:942 applicable to warrant officers.
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–513 substituted “1186” for “3786”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513, effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 3927 (ARMED FORCES)
[§ 3927. Repealed. Pub. L. 96–513, title II, § 217(a), Dec. 12, 1980, 94 Stat. 2886]
text: Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 228; Aug. 21, 1957, Pub. L. 85–155, title I, § 101(22), 71 Stat. 380; May 20, 1958, Pub. L. 85–422, § 11(a)(4), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85–861, § 1(98), 72 Stat. 1488, related to computation of years of service for determining whether a regular commissioned officer should be retired under section 3913, 3915, 3916, 3919, 3921, 3922, or 3923 of this title and for determining the retired pay of officers of the Regular Army retired under section 3913, 3915, 3916, 3919, 3921, 3922, or 3923 of this title. See section 1405 of this title.
heading: Effective Date of Repeal
text: Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 3928 (ARMED FORCES)
[§ 3928. Repealed. Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 229, related to computation of years of service of commissioned officers of the Army Nurse Corps or Women’s Medical Specialist Corps for the purposes of retirement under former section 3912 of this title, or retirement pay under section 3991 of this title.
10 U.S.C. § 3929 (ARMED FORCES)
§ 3929. Computation of retired pay: law applicable
A member of the Army retired under this chapter is entitled to retired pay computed under chapter 371 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 230.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3929
[No source].
[No source].
The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.
10 U.S.C. § 3963 (ARMED FORCES)
§ 3963. Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct
(a) A Reserve enlisted member of the Army described in subsection (b) who is retired under section 3914 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Army.
(b) This section applies to a Reserve enlisted member who—
(1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and
(2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Army.
(c) This section applies with respect to Reserve enlisted members who are retired under section 3914 of this title after September 30, 1996.
(Added Pub. L. 104–201, div. A, title V, § 532(a)(1), Sept. 23, 1996, 110 Stat. 2518.)
heading: Prior Provisions
text: A prior section 3963, acts Aug. 10, 1956, ch. 1041, 70A Stat. 230; Sept. 2, 1958, Pub. L. 85–861, § 1(60), (100), 72 Stat. 1462, 1489; Dec. 12, 1980, Pub. L. 96–513, title V, § 502(20), 94 Stat. 2910, related to higher grade for service during certain periods for regular and reserve commissioned officers, prior to repeal by Pub. L. 99–145, title XIII, § 1301(b)(2)(A), (C), Nov. 8, 1985, 99 Stat. 735, with such repeal not applicable in the case of a member of the Regular Army described in section 3963 of this title, as such section was in effect on the day before Nov. 8, 1985.
10 U.S.C. § 3965 (ARMED FORCES)
§ 3965. Restoration to former grade: retired warrant officers and enlisted members
Each retired warrant officer or enlisted member of the Army who has been advanced on the retired list to a higher commissioned grade under section 3964 of this title, and who applies to the Secretary of the Army within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 100–180, div. A, title V, § 512(d)(1), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, § 1233(i)(1)(A), Sept. 29, 1988, 102 Stat. 2058.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3965
10:1006.
June 29, 1948, ch. 708, § 204, 62 Stat. 1086.
The words “hereafter”, “rank or”, and “shall thereafter be deemed to be enlisted or warrant officer personnel, as appropriate, for all purposes” are omitted as surplusage. The words “three months from June 29, 1948” and “whichever is later” are omitted as executed.
heading: Amendments
text: 1988—Pub. L. 100–456 substituted “retired” for “regular” in section catchline.
1987—Pub. L. 100–180 struck out “Regular” before “Army who”.
10 U.S.C. § 3966 (ARMED FORCES)
§ 3966. Retired lists
(a) The Secretary of the Army shall maintain a retired list containing the name of each retired commissioned officer of the Regular Army.
(b) The Secretary shall maintain a retired list containing the name of—
(1) each person entitled to retired pay under any law providing retired pay for commissioned officers of the Army, other than of the Regular Army; and
(2) each retired warrant officer or enlisted member of the Army who is advanced to a commissioned grade.
(c) The Secretary shall maintain a retired list containing the name of each retired warrant officer of the Army.
(d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 231; Pub. L. 85–861, § 1(101), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 100–180, div. A, title V, § 512(d)(1), Dec. 4, 1987, 101 Stat. 1090.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3966(a)
3966(b)
3966(c)
10:1001.
10:1036.
[No source].
June 29, 1948, ch. 708, §§ 201, 301(a), 62 Stat. 1084, 1087.
3966(d)
[No source].
In subsections (a), (b), (c) and (d), the word “maintain” is substituted for the word “establish”, since the lists have been established and are published annually.
In subsection (a), the words “Effective upon June 29, 1948” are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title laws referring to the limited or unlimited retired list will be expressly repealed.
Subsection (b)(1) is substituted for the words “all commissioned officers and former commissioned officers of the Army of the United States * * * other than those of the Regular Army * * * heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter enacted to provide retirement pay for commissioned officers other than those of the Regular Army”.
In subsection (b)(2), the words “who is advanced to a commissioned grade” are substituted for the words “heretofore or hereafter retired under any provision of law who, by reason of service in temporary commissioned grades in the Army of the United States * * * or in any of the respective components thereof, are entitled to be retired with commissioned rank or grade”.
Subsections (c) and (d) are inserted, since sections 3964 and 3965 of this title refer to service on the retired list as a warrant officer or enlisted member.
text: 1958 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3966(a)
3966(b)
10 App.:1001.
10 App.:1036.
July 24, 1956, ch. 677, § 2(f), (g), 70 Stat. 623.
heading: Amendments
text: 1987—Subsec. (b)(2). Pub. L. 100–180 struck out “Regular” before “Army”.
1958—Pub. L. 85–861 struck out provisions in subsecs. (a) and (b) which required annual publication in the official Army Register of the retired list.
10 U.S.C. § 4021 (ARMED FORCES)
§ 4021. Army War College and United States Army Command and General Staff College: civilian faculty members
(a) Authority of Secretary.—
The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Army War College or the United States Army Command and General Staff College as the Secretary considers necessary.
(b) Compensation of Faculty Members.—
The compensation of persons employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members.—
(1) Except as provided in paragraph (2), this section shall apply with respect to persons who are selected by the Secretary for employment as professors, instructors, and lecturers at the Army War College or the United States Army Command and General Staff College after the end of the 90-day period beginning on November 29, 1989.
(2) This section shall not apply with respect to professors, instructors, and lecturers employed at the Army War College or the United States Army Command and General Staff College if the duration of the principal course of instruction offered at the college involved is less than 10 months.
(Added Pub. L. 101–189, div. A, title XI, § 1124(b)(1), Nov. 29, 1989, 103 Stat. 1558; amended Pub. L. 107–107, div. A, title X, § 1048(c)(12), Dec. 28, 2001, 115 Stat. 1226.)
heading: Prior Provisions
text: A prior section 4021, act Aug. 10, 1956, ch. 1041, 70A Stat. 233, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(11), Sept. 2, 1958, 72 Stat. 1570.
heading: Amendments
text: 2001—Subsec. (c)(1). Pub. L. 107–107 substituted “November 29, 1989” for “the date of the enactment of this section”.
10 U.S.C. § 4022 (ARMED FORCES)
[§ 4022. Repealed. Pub. L. 98–94, title IX, § 932(b)(1), Sept. 24, 1983, 97 Stat. 650]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 233, related to employment of contract surgeons in an emergency. See section 1091 of this title.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1983, but with contracts entered into under the authority of this section before Oct. 1, 1983, which are in effect on Oct. 1, 1983, to remain in effect in accordance with the terms of such contracts, see section 932(f) of Pub. L. 98–94, set out as an Effective Date note under section 1091 of this title.
10 U.S.C. § 4023 (ARMED FORCES)
[§ 4023. Repealed. Pub. L. 87–651, title I, § 116(1), Sept. 7, 1962, 76 Stat. 513]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 233, related to employment of civilians in service club and library services.
10 U.S.C. § 4024 (ARMED FORCES)
§ 4024. Expert accountant for Inspector General
The Secretary of the Army shall appoint an expert accountant to perform duties under the Inspector General.
(Aug. 10, 1956, ch. 1041, 70A Stat. 234.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4024
10:52.
Feb. 24, 1891, ch. 284 (7th clause under “Miscellaneous”), 26 Stat. 773.
The words “in case of vacancy” are omitted as surplusage.
10 U.S.C. § 4025 (ARMED FORCES)
§ 4025. Production of supplies and munitions: hours and pay of laborers and mechanics
During a national emergency declared by the President, the regular working hours of laborers and mechanics of the Department of the Army producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Army these hours may be exceeded. Each laborer or mechanic who works more than 40 hours in a workweek shall be paid at a rate not less than one and one-half times the regular hourly rate for each hour in excess of 40.
(Aug. 10, 1956, ch. 1041, 70A Stat. 234.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
4025
5:189a.
July 2, 1940, ch. 508, § 4(b), 54 Stat. 714.
The words “Notwithstanding the provisions of any other law” are omitted as surplusage. The word “producing” is substituted for the words “who are engaged in the manufacture or production”. The last sentence is substituted for 5:189a (last 34 words).
10 U.S.C. § 4027 (ARMED FORCES)
§ 4027. Civilian special agents of the Criminal Investigation Command: authority to execute warrants and make arrests
(a) Authority.—
The Secretary of the Army may authorize any Department of the Army civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.
(b) Agents To Have Authority.—
Subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Criminal Investigation Command (or a successor to that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.
(c) Guidelines for Exercise of Authority.—
The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126.)
10 U.S.C. § 4061 (ARMED FORCES)
§ 4061. Fatality reviews
(a) Review of Fatalities.—
The Secretary of the Army shall conduct a multidisciplinary, impartial review (referred to as a “fatality review”) in the case of each fatality known or suspected to have resulted from domestic violence or child abuse against any of the following:
(1) A member of the Army on active duty.
(2) A current or former dependent of a member of the Army on active duty.
(3) A current or former intimate partner who has a child in common or has shared a common domicile with a member of the Army on active duty.
(b) Matters To Be Included.—
The report of a fatality review under subsection (a) shall, at a minimum, include the following:
(1) An executive summary.
(2) Data setting forth victim demographics, injuries, autopsy findings, homicide or suicide methods, weapons, police information, assailant demographics, and household and family information.
(3) Legal disposition.
(4) System intervention and failures, if any, within the Department of Defense.
(5) A discussion of significant findings.
(6) Recommendations for systemic changes, if any, within the Department of the Army and the Department of Defense.
(c) OSD Guidance.—
The Secretary of Defense shall prescribe guidance, which shall be uniform for the military departments, for the conduct of reviews by the Secretary under subsection (a).
(Added Pub. L. 108–136, div. A, title V, § 576(a)(1), Nov. 24, 2003, 117 Stat. 1486.)
heading: Effective Date
text: Pub. L. 108–136, div. A, title V, § 576(d), Nov. 24, 2003, 117 Stat. 1488, provided that: “Sections 4061, 6036, and 9061 of title 10, United States Code, as added by this section, apply with respect to fatalities that occur on or after the date of the enactment of this Act [Nov. 24, 2003].”