dreamproit/uscode huggingface dataset:
9 U.S.C. § 205 (ARBITRATION)
§ 205. Removal of cases from State courts
Where the subject matter of an action or proceeding pending in a State court relates to an arbitration agreement or award falling under the Convention, the defendant or the defendants may, at any time before the trial thereof, remove such action or proceeding to the district court of the United States for the district and division embracing the place where the action or proceeding is pending. The procedure for removal of causes otherwise provided by law shall apply, except that the ground for removal provided in this section need not appear on the face of the complaint but may be shown in the petition for removal. For the purposes of Chapter 1 of this title any action or proceeding removed under this section shall be deemed to have been brought in the district court to which it is removed.
(Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.)
9 U.S.C. § 206 (ARBITRATION)
§ 206. Order to compel arbitration; appointment of arbitrators
A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. Such court may also appoint arbitrators in accordance with the provisions of the agreement.
(Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693.)
9 U.S.C. § 207 (ARBITRATION)
§ 207. Award of arbitrators; confirmation; jurisdiction; proceeding
Within three years after an arbitral award falling under the Convention is made, any party to the arbitration may apply to any court having jurisdiction under this chapter for an order confirming the award as against any other party to the arbitration. The court shall confirm the award unless it finds one of the grounds for refusal or deferral of recognition or enforcement of the award specified in the said Convention.
(Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693.)
9 U.S.C. § 208 (ARBITRATION)
§ 208. Chapter 1; residual application
Chapter 1 applies to actions and proceedings brought under this chapter to the extent that chapter is not in conflict with this chapter or the Convention as ratified by the United States.
(Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693.)
9 U.S.C. § 301 (ARBITRATION)
§ 301. Enforcement of Convention
The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 448.)
heading: Effective Date
text: Pub. L. 101–369, § 3, Aug. 15, 1990, 104 Stat. 450, provided that: “This Act [enacting this chapter] shall take effect upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30, 1975, with respect to the United States.”
The Convention entered into force for the United States on Oct. 27, 1990.
9 U.S.C. § 302 (ARBITRATION)
§ 302. Incorporation by reference
Sections 202, 203, 204, 205, and 207 of this title shall apply to this chapter as if specifically set forth herein, except that for the purposes of this chapter “the Convention” shall mean the Inter-American Convention.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 448.)
9 U.S.C. § 303 (ARBITRATION)
§ 303. Order to compel arbitration; appointment of arbitrators; locale
(a) A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. The court may also appoint arbitrators in accordance with the provisions of the agreement.
(b) In the event the agreement does not make provision for the place of arbitration or the appointment of arbitrators, the court shall direct that the arbitration shall be held and the arbitrators be appointed in accordance with Article 3 of the Inter-American Convention.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 448.)
9 U.S.C. § 304 (ARBITRATION)
§ 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity
Arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced under this chapter only if that State has ratified or acceded to the Inter-American Convention.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449.)
9 U.S.C. § 305 (ARBITRATION)
§ 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958
When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention applies shall, unless otherwise expressly agreed, be made as follows:
(1) If a majority of the parties to the arbitration agreement are citizens of a State or States that have ratified or acceded to the Inter-American Convention and are member States of the Organization of American States, the Inter-American Convention shall apply.
(2) In all other cases the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449.)
9 U.S.C. § 306 (ARBITRATION)
§ 306. Applicable rules of Inter-American Commercial Arbitration Commission
(a) For the purposes of this chapter the rules of procedure of the Inter-American Commercial Arbitration Commission referred to in Article 3 of the Inter-American Convention shall, subject to subsection (b) of this section, be those rules as promulgated by the Commission on July 1, 1988.
(b) In the event the rules of procedure of the Inter-American Commercial Arbitration Commission are modified or amended in accordance with the procedures for amendment of the rules of that Commission, the Secretary of State, by regulation in accordance with section 553 of title 5, consistent with the aims and purposes of this Convention, may prescribe that such modifications or amendments shall be effective for purposes of this chapter.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449.)
9 U.S.C. § 307 (ARBITRATION)
§ 307. Chapter 1; residual application
Chapter 1 applies to actions and proceedings brought under this chapter to the extent chapter 1 is not in conflict with this chapter or the Inter-American Convention as ratified by the United States.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449.)
10 U.S.C. § 112 (ARMED FORCES)
§ 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.
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 517, § 132; renumbered § 112 and amended Pub. L. 99–433, title I, §§ 101(a)(2), 110(d)(1), Oct. 1, 1986, 100 Stat. 994, 1002.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
132
5:171a(e).
July 26, 1947, ch. 343, § 202(e); added Aug. 10, 1949, ch. 412, § 5 (10th par.), 63 Stat. 580.
heading: Amendments
text: 1986—Pub. L. 99–433 renumbered section 132 of this title as this section and substituted “Department of Defense: seal” for “Seal” in section catchline.
10 U.S.C. § 113a (ARMED FORCES)
§ 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.
(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, § 1061(a), Dec. 2, 2002, 116 Stat. 2649; amended Pub. L. 108–136, div. A, title X, § 1044(a), Nov. 24, 2003, 117 Stat. 1612.)
heading: Amendments
text: 2003—Subsec. (b)(3), (4). Pub. L. 108–136 added par. (3) and redesignated former par. (3) as (4).
10 U.S.C. § 121 (ARMED FORCES)
§ 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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
121
[No source].
[No source].
The revised section is inserted to make express the President’s general authority to issue regulations, which has been expressly reflected in many laws and left to inference in the remainder.
10 U.S.C. § 122 (ARMED FORCES)
§ 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, § 1(2)(A), Sept. 2, 1958, 72 Stat. 1437.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
122
10 App.:20b.
34 App.:609.
July 24, 1956, ch. 677, § 1, 70 Stat. 623.
10 U.S.C. § 122a (ARMED FORCES)
§ 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 1
(1) 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; and
(2) to the maximum extent practicable, transmitted in an electronic format.
(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, § 1061(a)(1), Jan. 7, 2011, 124 Stat. 4362; amended Pub. L. 112–81, div. A, title X, § 1068, Dec. 31, 2011, 125 Stat. 1589.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 112–81 substituted pars. (1) and (2) for “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.”
heading: Effective Date
text: Pub. L. 111–383, div. A, title X, § 1061(b), Jan. 7, 2011, 124 Stat. 4362, provided that: “Section 122a of title 10, United States Code (as added by subsection (a)), shall take effect 90 days after the date of the enactment of this Act [Jan. 7, 2011], and shall apply with respect to reports that are required by law to be submitted to Congress on or after that date.”
10 U.S.C. § 123b (ARMED FORCES)
§ 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 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, § 1312(a)(1), Oct. 5, 1994, 108 Stat. 2894.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 102–484, div. A, title XIII, § 1302, Oct. 23, 1992, 106 Stat. 2545, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 103–337, § 1312(c).
heading: Effective Date
text: Pub. L. 103–337, div. A, title XIII, § 1312(b), Oct. 5, 1994, 108 Stat. 2894, provided that: “Section 123b of title 10, United States Code, as added by subsection (a), does not apply with respect to a fiscal year before fiscal year 1996.”
10 U.S.C. § 127c (ARMED FORCES)
§ 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:
(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, § 1231(a), Jan. 6, 2006, 119 Stat. 3467.)
heading: Codification
text: Another section 127c was renumbered section 127d of this title.
10 U.S.C. § 129b (ARMED FORCES)
§ 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, § 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704; amended Pub. L. 102–190, div. A, title X, § 1061(a)(2), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 108–136, div. A, title VIII, § 841(a), (b)(1), Nov. 24, 2003, 117 Stat. 1552.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 101–165, title IX, § 9002, Nov. 21, 1989, 103 Stat. 1129, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(b)(3).
heading: Amendments
text: 2003—Pub. L. 108–136, § 841(b)(1), substituted “Authority to procure personal services” for “Experts and consultants: authority to procure services of” in section catchline.
Subsec. (d). Pub. L. 108–136, § 841(a), added subsec. (d).
1991—Pub. L. 102–190 inserted “of” after “services” in section catchline.
10 U.S.C. § 129d (ARMED FORCES)
§ 129d. Disclosure to litigation support contractors
(a) Disclosure Authority.—
An officer or employee of the Department of Defense may disclose sensitive information to a litigation support contractor if—
(1) the disclosure is for the sole purpose of providing litigation support to the Government in the form of administrative, technical, or professional services during or in anticipation of litigation; and
(2) under a contract with the Government, the litigation support contractor agrees to and acknowledges—
(A) that sensitive information furnished will be accessed and used only for the purposes stated in the relevant contract;
(B) that the contractor will take all precautions necessary to prevent disclosure of the sensitive information provided to the contractor;
(C) that such sensitive information provided to the contractor under the authority of this section shall not be used by the contractor to compete against a third party for Government or non-Government contracts; and
(D) that the violation of subparagraph (A), (B), or (C) is a basis for the Government to terminate the litigation support contract of the contractor.
(b) Definitions.—
In this section:
(1) The term “litigation support contractor” means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support.
(2) The term “sensitive information” means confidential commercial, financial, or proprietary information, technical data, or other privileged information.
(Added Pub. L. 112–81, div. A, title VIII, § 802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)
10 U.S.C. § 130a (ARMED FORCES)
[§ 130a. Repealed. Pub. L. 110–181, div. A, title IX, § 901(a)(1), Jan. 28, 2008, 122 Stat. 272]
text: Section, added Pub. L. 105–85, div. A, title IX, § 911(a)(1), Nov. 18, 1997, 111 Stat. 1857; amended Pub. L. 106–65, div. A, title IX, § 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106–398, § 1 [[div. A], title IX, § 941], Oct. 30, 2000, 114 Stat. 1654, 1654A–241; Pub. L. 108–375, div. A, title X, § 1084(d)(2), Oct. 28, 2004, 118 Stat. 2061, related to major Department of Defense headquarters activities personnel.
10 U.S.C. § 130b (ARMED FORCES)
§ 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 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, § 1044(a), Oct. 5, 1999, 113 Stat. 761; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Amendments
text: 2002—Subsecs. (a), (c)(4)(C). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
10 U.S.C. § 130d (ARMED FORCES)
§ 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 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, § 1405(a), Oct. 17, 2006, 120 Stat. 2436.)