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10 U.S.C. § 950i (ARMED FORCES)
§ 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, § 1802, Oct. 28, 2009, 123 Stat. 2605.)
heading: Prior Provisions
text: A prior section 950i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2623, related to execution of sentence, procedures for execution of sentence of death, and suspension of sentence prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950j (ARMED FORCES)
§ 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, § 1802, Oct. 28, 2009, 123 Stat. 2605.)
heading: Prior Provisions
text: A prior section 950j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2623; amended Pub. L. 110–181, div. A, title X, § 1063(a)(7), Jan. 28, 2008, 122 Stat. 322, related to finality of proceedings, findings, and sentences, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950p (ARMED FORCES)
§ 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.
(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, § 1802, Oct. 28, 2009, 123 Stat. 2606.)
heading: References in Text
text: The date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (d), is the date of enactment of Pub. L. 111–84, which was approved Oct. 28, 2009.
heading: Prior Provisions
text: A prior section 950p, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to statement of substantive offenses, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950q (ARMED FORCES)
§ 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, § 1802, Oct. 28, 2009, 123 Stat. 2606.)
heading: Prior Provisions
text: A prior section 950q, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to principals, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950r (ARMED FORCES)
§ 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, § 1802, Oct. 28, 2009, 123 Stat. 2607.)
heading: Prior Provisions
text: A prior section 950r, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to accessory after the fact, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950s (ARMED FORCES)
§ 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, § 1802, Oct. 28, 2009, 123 Stat. 2607.)
heading: Prior Provisions
text: A prior section 950s, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to conviction of lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 952 (ARMED FORCES)
§ 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.
(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 105–85, div. A, title V, § 582(a), Nov. 18, 1997, 111 Stat. 1760.)
heading: Amendments
text: 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 1997 Amendment
text: Pub. L. 105–85, div. A, title V, § 582(b), Nov. 18, 1997, 111 Stat. 1760, provided that: “Subsection (b) of section 952 of title 10, United States Code (as added by subsection (a)), shall apply only with respect to any decision to deny parole made after the date of the enactment of this Act [Nov. 18, 1997].”
10 U.S.C. § 953 (ARMED FORCES)
§ 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, § 1, July 5, 1968, 82 Stat. 287.)
10 U.S.C. § 954 (ARMED FORCES)
§ 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, § 1, July 5, 1968, 82 Stat. 288; amended Pub. L. 105–85, div. A, title X, § 1073(a)(12), Nov. 18, 1997, 111 Stat. 1900.)
heading: Amendments
text: 1997—Pub. L. 105–85 substituted “his authority” for “this authority”.
10 U.S.C. § 955 (ARMED FORCES)
§ 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, § 4, Oct. 28, 1977, 91 Stat. 1221; amended Pub. L. 96–513, title V, § 511(28), Dec. 12, 1980, 94 Stat. 2922.)
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–513 substituted “such” for “said” in two places, “Such” for “Said”, and struck out “, United States Code” after “18”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 977 (ARMED FORCES)
[§ 977. Repealed. Pub. L. 108–375, div. A, title VI, § 651(e)(1), Oct. 28, 2004, 118 Stat. 1972]
text: Section, added Pub. L. 103–160, div. A, title III, § 351(a), Nov. 30, 1993, 107 Stat. 1626; amended Pub. L. 105–85, div. A, title X, § 1073(a)(16), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 106–65, div. A, title X, § 1066(a)(6), Oct. 5, 1999, 113 Stat. 770, related to prohibition of assignment of active duty members to operation of commissary stores.
text: A prior section, added Pub. L. 96–342, title X, § 1002(a), Sept. 8, 1980, 94 Stat. 1119; amended Pub. L. 97–22, § 11(a)(1), July 10, 1981, 95 Stat. 137, provided that no one who originally enlisted after Sept. 7, 1980, in a regular armed services component and failed to serve at least 24 months of such enlistment would be eligible for Federal benefits otherwise receivable because of active service under such enlistment, except that such exclusion was not applicable to one discharged under section 1173 of chapter 61 of this title or to one later proved to be suffering from a disability resulting from an injury or disease incurred during enlistment, prior to repeal by Pub. L. 97–306, title IV, § 408(c)(1), Oct. 14, 1982, 96 Stat. 1446. See section 5303A of Title 38, Veterans’ Benefits, and provisions set out as notes under that section.
10 U.S.C. § 979 (ARMED FORCES)
§ 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, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8027], Oct. 12, 1984, 98 Stat. 1904, 1928.
Pub. L. 98–212, title VII, § 732, Dec. 8, 1983, 97 Stat. 1444.
Pub. L. 97–377, title I, § 101(c) [title VII, § 735], Dec. 21, 1982, 96 Stat. 1833, 1856.
Pub. L. 97–114, title VII, § 736, Dec. 29, 1981, 95 Stat. 1585.
Pub. L. 96–527, title VII, § 737, Dec. 15, 1980, 94 Stat. 3087.
Pub. L. 96–154, title VII, § 739, Dec. 21, 1979, 93 Stat. 1159.
Pub. L. 95–457, title VIII, § 839, Oct. 13, 1978, 92 Stat. 1250.
Pub. L. 95–111, title VIII, § 838, Sept. 21, 1977, 91 Stat. 906.
Pub. L. 94–419, title VII, § 737, Sept. 22, 1976, 90 Stat. 1297.
Pub. L. 94–212, title VII, § 737, Feb. 9, 1976, 90 Stat. 175.
Pub. L. 93–437, title VIII, § 838, Oct. 8, 1974, 88 Stat. 1231.
Pub. L. 93–238, title VII, § 740, Jan. 2, 1974, 87 Stat. 1045.
Pub. L. 92–570, title VII, § 740, Oct. 26, 1972, 86 Stat. 1203.
Pub. L. 92–204, title VII, § 741, Dec. 18, 1971, 85 Stat. 734.
Pub. L. 91–668, title VIII, § 841, Jan. 11, 1971, 84 Stat. 2037.
Pub. L. 91–171, title VI, § 641, Dec. 29, 1969, 83 Stat. 486.
Pub. L. 90–580, title V, § 540, Oct. 17, 1968, 82 Stat. 1136.
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
10 U.S.C. § 980 (ARMED FORCES)
§ 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—
(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, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 107–107, div. A, title VII, § 733, Dec. 28, 2001, 115 Stat. 1170.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8029], Oct. 12, 1984, 98 Stat. 1904, 1929.
Pub. L. 98–212, title VII, § 734, Dec. 8, 1983, 97 Stat. 1444.
Pub. L. 97–377, title I, § 101(c) [title VII, § 737], Dec. 21, 1982, 96 Stat. 1833, 1857.
Pub. L. 97–114, title VII, § 738, Dec. 29, 1981, 95 Stat. 1585.
Pub. L. 96–527, title VII, § 739, Dec. 15, 1980, 94 Stat. 3088.
Pub. L. 96–154, title VII, § 741, Dec. 21, 1979, 93 Stat. 1159.
Pub. L. 95–457, title VIII, § 841, Oct. 13, 1978, 92 Stat. 1251.
Pub. L. 95–111, title VIII, § 840, Sept. 21, 1977, 91 Stat. 906.
Pub. L. 94–419, title VII, § 739, Sept. 22, 1976, 90 Stat. 1297.
Pub. L. 94–212, title VII, § 740, Feb. 9, 1976, 90 Stat. 175.
Pub. L. 93–437, title VIII, § 841, Oct. 8, 1974, 88 Stat. 1231.
Pub. L. 93–238, title VII, § 743, Jan. 2, 1974, 87 Stat. 1045.
Pub. L. 92–570, title VII, § 745, Oct. 26, 1972, 86 Stat. 1203.
heading: Amendments
text: 2001—Pub. L. 107–107 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
10 U.S.C. § 981 (ARMED FORCES)
§ 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, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615.)
heading: Prior Provisions
text: Provisions similar to those in subsec. (a) of this section were contained in Pub. L. 94–106, title VIII, § 820(a), Oct. 7, 1975, 89 Stat. 544, prior to repeal by Pub. L. 98–525, §§ 1403(c), 1404, eff. Oct. 1, 1985.
Provisions similar to those in subsec. (b) of this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8034], Oct. 12, 1984, 98 Stat. 1904, 1930.
Pub. L. 98–212, title VII, § 742, Dec. 8, 1983, 97 Stat. 1446.
Pub. L. 97–377, title I, § 101(c) [title VII, § 745], Dec. 21, 1982, 96 Stat. 1833, 1858.
Pub. L. 97–114, title VII, § 746, Dec. 29, 1981, 95 Stat. 1586.
Pub. L. 96–527, title VII, § 747, Dec. 15, 1980, 94 Stat. 3089.
Pub. L. 96–154, title VII, § 748, Dec. 21, 1979, 93 Stat. 1160.
Pub. L. 95–457, title VIII, § 848, Oct. 13, 1978, 92 Stat. 1252.
Pub. L. 95–111, title VIII, § 849, Sept. 21, 1977, 91 Stat. 908.
Pub. L. 94–419, title VII, § 748, Sept. 22, 1976, 90 Stat. 1299.
Pub. L. 94–212, title VII, § 745, Feb. 9, 1976, 90 Stat. 175.
Pub. L. 93–437, title VIII, § 848, Oct. 8, 1974, 88 Stat. 1232.
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
10 U.S.C. § 982 (ARMED FORCES)
§ 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, § 502(a), Nov. 14, 1986, 100 Stat. 3863.)
10 U.S.C. § 986 (ARMED FORCES)
[§ 986. Repealed. Pub. L. 110–181, div. A, title X, § 1072(b)(1), Jan. 28, 2008, 122 Stat. 329]
text: Section, added Pub. L. 106–398, § 1 [[div. A], title X, § 1071(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; amended Pub. L. 107–107, div. A, title X, § 1048(c)(3), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title X, § 1062, Oct. 28, 2004, 118 Stat. 2056, prohibited the Department of Defense from granting or renewing security clearances for certain persons.
heading: Effective Date of Repeal
text: Pub. L. 110–181, div. A, title X, § 1072(b)(3), Jan. 28, 2008, 122 Stat. 330, provided that: “The amendments made by this subsection [repealing this section] shall take effect on January 1, 2008.”
10 U.S.C. § 994 (ARMED FORCES)
§ 994. Military working dogs: veterinary care for retired military working dogs
(a) In General.—
The Secretary of Defense may establish and maintain a system to provide for the veterinary care of retired military working dogs. No funds may be provided by the Federal Government for this purpose.
(b) Eligible Dogs.—
A retired military working dog eligible for veterinary care under this section is any military working dog adopted under section 2583 of this title.
(c) Standards of Care.—
The veterinary care provided under the system authorized by this section shall meet such standards as the Secretary shall establish and from time to time update.
(Added Pub. L. 112–239, div. A, title III, § 371(b)(1), Jan. 2, 2013, 126 Stat. 1706.)