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10 U.S.C. § 488 (ARMED FORCES)
§ 488. Management of electromagnetic spectrum
(a) Requirement for Strategic Plan.—
Every three years, the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, shall prepare a strategic plan for the management of the electromagnetic spectrum to ensure the accessibility and efficient use of that spectrum needed to support the national security of the United States. Each such strategic plan shall include each of the following:
(1) An inventory of the uses of the electromagnetic spectrum for national security purposes and other purposes.
(2) An estimate of the need for electromagnetic spectrum for national security and other purposes over each of the periods specified in subsection (b).
(3) Any other matters that the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Commerce, considers appropriate for the strategic plan.
(b) Periods Covered by Strategic Plan.—
Each strategic plan prepared under subsection (a) shall cover each of the following periods (counting from the date of the issuance of the plan):
(1) Zero to five years.
(2) Five to ten years.
(3) Ten to thirty years.
(c) Submission of Plan to Congress.—
(1) The Secretary of Defense shall submit to Congress the strategic plan most recently prepared under subsection (a) at the same time that the President submits to Congress the budget for an even-numbered fiscal year under section 1105(a) of title 31.
(2) Each strategic plan submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(Added Pub. L. 108–136, div. A, title X, § 1054(a), Nov. 24, 2003, 117 Stat. 1615; amended Pub. L. 113–66, div. A, title X, § 1072(a), (b)(1), Dec. 26, 2013, 127 Stat. 868, 869; Pub. L. 113–291, div. A, title X, § 1071(f)(7), Dec. 19, 2014, 128 Stat. 3510.)
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 inserted a comma after “Every three years” in introductory provisions.
2013—Pub. L. 113–66, § 1072(b)(1), struck out “: biennial strategic plan” after “spectrum” in section catchline.
Subsec. (a). Pub. L. 113–66, § 1072(a)(1), substituted “three years” for “other year, and in time for submission to Congress under subsection (b),”, inserted “, in consultation with the Director of National Intelligence and the Secretary of Commerce,” after “Secretary of Defense”, substituted “the national security of the United States. Each such strategic plan shall include each of the following:” for “the mission of the Department of Defense.”, and added pars. (1) to (3).
Subsec. (b). Pub. L. 113–66, § 1072(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 113–66, § 1072(a)(3), designated existing provisions as par. (1) and added par. (2).
Pub. L. 113–66, § 1072(a)(2), redesignated subsec. (b) as (c).
10 U.S.C. § 489 (ARMED FORCES)
[§ 489. Repealed. Pub. L. 113–291, div. A, title III, § 331(a), Dec. 19, 2014, 128 Stat. 3344]
text: Section, added Pub. L. 108–375, div. A, title X, § 1033(a), Oct. 28, 2004, 118 Stat. 2047, related to annual report on Department of Defense operation and financial support for military museums.
10 U.S.C. § 496 (ARMED FORCES)
§ 496. Consideration of expansion of nuclear forces of other countries
(a) Report and Certification.—
Not later than 60 days before the President recommends any reductions to the nuclear forces of the United States—
(1) the President shall transmit to the appropriate congressional committees a report detailing, for each country with nuclear weapons, the high-, medium-, and low- confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to—
(A) the number of each type of nuclear weapons possessed by such country;
(B) the modernization plans for such weapons of such country;
(C) the production capacity of nuclear warheads and strategic delivery systems (as defined in section 495(e)(2) of this title) of such country;
(D) the nuclear doctrine of such country; and
(E) the impact of such recommended reductions on the deterrence and extended deterrence capabilities of the United States; and
(2) the Commander of the United States Strategic Command shall certify to the appropriate congressional committees whether such recommended reductions in the nuclear forces of the United States will—
(A) impair the ability of the United States to address—
(i) unplanned strategic or geopolitical events; or
(ii) technical challenge; or
(B) degrade the deterrence or assurance provided by the United States to friends and allies of the United States.
(b) Form.—
The reports required by subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.—
In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Added Pub. L. 112–239, div. A, title X, § 1036(a), Jan. 2, 2013, 126 Stat. 1924; amended Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509.)
heading: Amendments
text: 2014—Subsec. (a)(1). Pub. L. 113–291 substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”.
10 U.S.C. § 667 (ARMED FORCES)
[§ 667. Repealed. Pub. L. 113–291, div. A, title V, § 505(a)(1), Dec. 19, 2014, 128 Stat. 3356]
text: Section, added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1029; amended Pub. L. 100–180, div. A, title XIII, § 1304(a), Dec. 4, 1987, 101 Stat. 1172; Pub. L. 100–456, div. A, title V, § 512(b), Sept. 29, 1988, 102 Stat. 1968; Pub. L. 101–189, div. A, title XI, § 1123(d), Nov. 29, 1989, 103 Stat. 1557; Pub. L. 104–106, div. A, title V, § 501(c), Feb. 10, 1996, 110 Stat. 292; Pub. L. 107–107, div. A, title V, § 524, title X, § 1048(a)(7), Dec. 28, 2001, 115 Stat. 1098, 1223; Pub. L. 109–364, div. A, title V, § 519(d)(2), Oct. 17, 2006, 120 Stat. 2191; Pub. L. 110–417, [div. A], title V, § 522(d), Oct. 14, 2008, 122 Stat. 4445; Pub. L. 111–84, div. A, title V, § 503, Oct. 28, 2009, 123 Stat. 2277, related to annual report to Congress.
10 U.S.C. § 674 (ARMED FORCES)
§ 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense
(a) Guidance for Timely Consideration and Action.—
The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.
(b) Time for Determination.—
A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.
(Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), Dec. 19, 2014, 128 Stat. 3510.)
heading: Prior Provisions
text: A prior section 674 was renumbered section 12306 of this title.
heading: Amendments
text: 2014—Subsec. (b). Pub. L. 113–291 substituted “after receipt” for “afer receipt”.
10 U.S.C. § 918 (ARMED FORCES)
§ 918. Art. 118. Murder
Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he—
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to another and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, forcible sodomy, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 102–484, div. A, title X, § 1066(b), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 109–163, div. A, title V, § 552(d), Jan. 6, 2006, 119 Stat. 3263; Pub. L. 112–81, div. A, title V, § 541(d)(2), Dec. 31, 2011, 125 Stat. 1410; Pub. L. 113–291, div. A, title V, § 531(d)(2)(B), Dec. 19, 2014, 128 Stat. 3364.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
918
50:712.
May 5, 1950, ch. 169, § 1 (Art. 118), 64 Stat. 140.
The words “of this section” are omitted as surplusage.
heading: Amendments
text: 2014—Par. (4). Pub. L. 113–291 substituted “forcible sodomy” for “sodomy”.
2011—Par. (4). Pub. L. 112–81 substituted “sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,” for “aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,”.
2006—Par. (4). Pub. L. 109–163 substituted “rape, rape of a child, aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual contact, aggravated sexual abuse of a child, aggravated sexual contact with a child,” for “rape,”.
1992—Par. (3). Pub. L. 102–484 substituted “another” for “others”.
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date, see section 541(f) of Pub. L. 112–81, set out as a note under section 843 of this title.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–163 effective on Oct. 1, 2007, see section 552(f) of Pub. L. 109–163, set out as a note under section 843 of this title.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title.
10 U.S.C. § 925 (ARMED FORCES)
§ 925. Art 125. Forcible sodomy; bestiality
(a) Forcible Sodomy.—
Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex by unlawful force or without the consent of the other person is guilty of forcible sodomy and shall be punished as a court-martial may direct.
(b) Bestiality.—
Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct.
(c) Scope of Offenses.—
Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).
(Aug. 10, 1956, ch. 1041, 70A Stat. 74; Pub. L. 113–66, div. A, title XVII, § 1707(a), Dec. 26, 2013, 127 Stat. 961; Pub. L. 113–291, div. A, title V, § 531(d)(1), Dec. 19, 2014, 128 Stat. 3364.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
925(a)
925(b)
50:719(a).
50:719(b).
May 5, 1950, ch. 169, § 1 (Art. 125), 64 Stat. 141.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “unlawful force” for “force”.
2013—Pub. L. 113–66 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offense.
“(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.”
10 U.S.C. § 949i (ARMED FORCES)
§ 949i. Pleas of the accused
(a) Plea of Not Guilty.—
If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.
(b) Finding of Guilt After Guilty Plea.—
With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, including a charge or specification that has been referred capital, a finding of guilty of the charge or specification may be entered by the military judge immediately without a vote by the members. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
(c) Pre-Trial Agreements.—
(1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.
(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587; amended Pub. L. 112–81, div. A, title X, § 1030(b), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113–291, div. A, title X, § 1071(f)(9), Dec. 19, 2014, 128 Stat. 3510.)
heading: Prior Provisions
text: A prior section 949i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to pleas of the accused, prior to the general amendment of this chapter by Pub. L. 111–84.
heading: Amendments
text: 2014—Subsec. (b). Pub. L. 113–291 substituted a comma for “,,” after “referred capital”.
2011—Subsec. (b). Pub. L. 112–81, § 1030(b)(1), in the first sentence, inserted “, including a charge or specification that has been referred capital,” after “military judge”, “by the military judge” after “may be entered”, and “by the members” after “vote”.
Subsec. (c). Pub. L. 112–81, § 1030(b)(2), added subsec. (c).
10 U.S.C. § 1074n (ARMED FORCES)
§ 1074n. Annual mental health assessments for members of the armed forces
(a) Mental Health Assessments.—
Subject to subsection (c), not less frequently than once each calendar year, the Secretary of Defense shall provide a person-to-person mental health assessment for—
(1) each member of a regular component of the armed forces; and
(2) each member of the Selected Reserve of an armed force.
(b) Elements.—
The mental health assessments provided pursuant to this section shall—
(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and
(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
(c) Sufficiency of Other Mental Health Assessments.—
(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.
(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
(d) Privacy Matters.—
Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.
(e) Regulations.—
The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.
(Added Pub. L. 113–291, div. A, title VII, § 701(a)(1), Dec. 19, 2014, 128 Stat. 3408.)
heading: Implementation of Regulations
text: Pub. L. 113–291, div. A, title VII, § 701(a)(3), Dec. 19, 2014, 128 Stat. 3409, provided that: “Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such regulations.”
10 U.S.C. § 1078b (ARMED FORCES)
§ 1078b. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities
(a) In General.—
(1) Under regulations prescribed by the Secretary of Defense, the Secretary may provide food and beverages to an individual described in paragraph (2) at no cost to the individual.
(2) An individual described in this paragraph is the following:
(A) A member or former member of the uniformed services or dependent—
(i) who is receiving outpatient medical care at a military medical treatment facility; and
(ii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue of receiving such care.
(B) A member or former member of the uniformed services or dependent—
(i) who is a family member of an infant receiving inpatient medical care at a military medical treatment facility;
(ii) who provides care to the infant while the infant receives such inpatient medical care; and
(iii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue of providing such care to the infant.
(C) A member or former member of the uniformed services or dependent whom the Secretary determines is under similar circumstances as a member, former member, or dependent described in subparagraph (A) or (B).
(b) Regulations.—
The Secretary shall ensure that regulations prescribed under this section are consistent with generally accepted practices in private medical treatment facilities.
(Added Pub. L. 112–81, div. A, title VII, § 704(a), Dec. 31, 2011, 125 Stat. 1472; amended Pub. L. 113–291, div. A, title VII, § 705, Dec. 19, 2014, 128 Stat. 3413.)
heading: Amendments
text: 2014—Subsec. (a)(2). Pub. L. 113–291, § 705(1), substituted “A member or former member” for “A member” wherever appearing.
Subsec. (a)(2)(C). Pub. L. 113–291, § 705(2), substituted “member, former member, or dependent” for “member or dependent”.
heading: Effective Date
text: Pub. L. 112–81, div. A, title VII, § 704(c), Dec. 31, 2011, 125 Stat. 1473, provided that: “The amendments made by this section [enacting this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 31, 2011].”
10 U.S.C. § 1079c (ARMED FORCES)
§ 1079c. Provisional coverage for emerging services and supplies
(a) Provisional Coverage.—
In carrying out the TRICARE program, including pursuant to section 1079(a)(12) of this title, the Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may provide provisional coverage for the provision of a service or supply if the Secretary determines that such service or supply is widely recognized in the United States as being safe and effective.
(b) Consideration of Evidence.—
In making a determination under subsection (a), the Secretary may consider—
(1) clinical trials published in refereed medical literature;
(2) formal technology assessments;
(3) the positions of national medical policy organizations;
(4) national professional associations;
(5) national expert opinion organizations; and
(6) such other validated evidence as the Secretary considers appropriate.
(c) Independent Evaluation.—
In making a determination under subsection (a), the Secretary may arrange for an evaluation from the Institute of Medicine of the National Academies or such other independent entity as the Secretary selects.
(d) Duration and Terms of Coverage.—
(1) Provisional coverage under subsection (a) for a service or supply may be in effect for not longer than a total of five years.
(2) Prior to the expiration of provisional coverage of a service or supply, the Secretary shall determine the coverage, if any, that will follow such provisional coverage and take appropriate action to implement such determination. If the Secretary determines that the implementation of such determination regarding coverage requires legislative action, the Secretary shall make a timely recommendation to Congress regarding such legislative action.
(3) The Secretary, at any time, may—
(A) terminate the provisional coverage under subsection (a) of a service or supply, regardless of whether such termination is before the end of the period described in paragraph (1);
(B) establish or disestablish terms and conditions for such coverage; or
(C) take any other action with respect to such coverage.
(e) Public Notice.—
The Secretary shall promptly publish on a publicly accessible Internet website of the TRICARE program a notice for each service or supply that receives provisional coverage under subsection (a), including any terms and conditions for such coverage.
(f) Finality of Determinations.—
Any determination to approve or disapprove a service or supply under subsection (a) and any action made under subsection (d)(3) shall be final.
(Added Pub. L. 113–291, div. A, title VII, § 704(a), Dec. 19, 2014, 128 Stat. 3412.)
10 U.S.C. § 1097d (ARMED FORCES)
§ 1097d. TRICARE program: notice of change to benefits
(a) Provision of Notice.—
(1) If the Secretary makes a significant change to any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with notice explaining such changes.
(2) The individuals described by this paragraph are covered beneficiaries participating in the TRICARE program who may be affected by a significant change covered by a notification under paragraph (1).
(3) The Secretary shall provide notice under paragraph (1) through electronic means.
(b) Timing of Notice.—
The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:
(1) The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand the change covered by the notification.
(2) The date that is 90 days before the date on which the change covered by the notification becomes effective.
(3) The effective date of a significant change that is required by law.
(c) Significant Change Defined.—
In this section, the term “significant change” means a systemwide change—
(1) in the structure of the TRICARE program or the benefits provided under the TRICARE program (not including the addition of new services or benefits); or
(2) in beneficiary cost-share rates of more than 20 percent.
(Added Pub. L. 113–291, div. A, title VII, § 711(a), Dec. 19, 2014, 128 Stat. 3413.)