dreamproit/uscode huggingface dataset:
10 U.S.C. § 118b (ARMED FORCES)
[§ 118b. Repealed. Pub. L. 113–291, div. A, title X, § 1072(b)(1), Dec. 19, 2014, 128 Stat. 3516]
text: Section, added Pub. L. 110–181, div. A, title IX, § 941(a), Jan. 28, 2008, 122 Stat. 286, related to quadrennial roles and missions review.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1072(c) of Pub. L. 113–291, set out as an Effective Date of 2014 Amendment note under section 118 of this title.
10 U.S.C. § 130e (ARMED FORCES)
§ 130e. Treatment under Freedom of Information Act of certain critical infrastructure security information
(a) Exemption.—
The Secretary of Defense may exempt Department of Defense critical infrastructure security information from disclosure pursuant to section 552(b)(3) of title 5, upon a written determination that—
(1) the information is Department of Defense critical infrastructure security information; and
(2) the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information.
(b) Information Provided to State and Local Governments.—
Department of Defense critical infrastructure security information covered by a written determination under subsection (a) that is provided to a State or local government shall remain under the control of the Department of Defense.
(c) Definition.—
In this section, the term “Department of Defense critical infrastructure security information” means sensitive but unclassified information that, if disclosed, would reveal vulnerabilities in Department of Defense critical infrastructure that, if exploited, would likely result in the significant disruption, destruction, or damage of or to Department of Defense operations, property, or facilities, including information regarding the securing and safeguarding of explosives, hazardous chemicals, or pipelines, related to critical infrastructure or protected systems owned or operated by or on behalf of the Department of Defense, including vulnerability assessments prepared by or on behalf of the Department of Defense, explosives safety information (including storage and handling), and other site-specific information on or relating to installation security.
(d) Delegation.—
The Secretary of Defense may delegate the authority to make a determination under subsection (a) to the Director of Administration and Management.
(e) Transparency.—
Each determination of the Secretary, or the Secretary’s designee, under subsection (a) shall be made in writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall be available to the public, upon request, through the Office of the Director of Administration and Management.
(Added Pub. L. 112–81, div. A, title X, § 1091(a), Dec. 31, 2011, 125 Stat. 1604; amended Pub. L. 114–92, div. A, title X, § 1081(a)(2), Nov. 25, 2015, 129 Stat. 1000.)
heading: Amendments
text: 2015—Pub. L. 114–92 substituted “Treatment under Freedom of Information Act of certain critical infrastructure security information” for “Treatment under Freedom of Information Act of critical infrastructure security information” in section catchline.
10 U.S.C. § 130g (ARMED FORCES)
§ 130g. Authorities concerning military cyber operations
The Secretary of Defense shall develop, prepare, and coordinate; make ready all armed forces for purposes of; and, when appropriately authorized to do so, conduct, a military cyber operation in response to malicious cyber activity carried out against the United States or a United States person by a foreign power (as such terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).
(Added Pub. L. 114–92, div. A, title XVI, § 1642(a), Nov. 25, 2015, 129 Stat. 1116.)
10 U.S.C. § 130h (ARMED FORCES)
§ 130h. Prohibitions on providing certain missile defense information to Russian Federation
(a) Certain “Hit-to-kill” Technology and Telemetry Data.—
None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles.
(b) Other Sensitive Missile Defense Information.—
None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation with—
(1) information relating to velocity at burnout of missile defense interceptors or targets of the United States; or
(2) classified or otherwise controlled missile defense information.
(c) Exception.—
The prohibitions in subsection 1 (a) and (b) shall not apply to the United States providing to the Russian Federation information regarding ballistic missile early warning.
(d) Sunset.—
The prohibitions in subsection 1 (a) and (b) shall expire on January 1, 2017.
(Added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129.)
10 U.S.C. § 222 (ARMED FORCES)
§ 222. Future-years mission budget
(a) Future-Years Mission Budget.—
The Secretary of Defense shall submit to Congress for each fiscal year a future-years mission budget for the military programs of the Department of Defense. That budget shall be submitted for any fiscal year with the future-years defense program submitted under section 221 of this title.
(b) Consistency With Future-Years Defense Program.—
The future-years mission budget shall be consistent with the future-years defense program required under section 221 of this title. In the future-years mission budget, the military programs of the Department of Defense shall be organized on the basis of both major force programs and the core mission areas identified under the most recent quadrennial roles and missions review pursuant to section 118b 1 of this title.
(c) Relationship to Other Defense Budget Formats.—
The requirement in subsection (a) is in addition to the requirements in any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense in the budget submitted pursuant to section 1105 of title 31 for any fiscal year.
(Added Pub. L. 102–484, div. A, title X, § 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103–337, div. A, title X, § 1004, Oct. 5, 1994, 108 Stat. 2834; Pub. L. 110–181, div. A, title IX, § 944(a), (b), Jan. 28, 2008, 122 Stat. 289, 290.)
heading: References in Text
text: Section 118b of this title, referred in subsec. (b), was repealed by Pub. L. 113–291, div. A, title X, § 1072(b)(1), Dec. 19, 2014, 128 Stat. 3516.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 101–510, div. A, title XIV, § 1404, Nov. 5, 1990, 104 Stat. 1675, which was set out as a note under section 114a [now 221] of this title, prior to repeal by Pub. L. 102–484, § 1002(b).
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–181, § 944(a), amended last sentence generally. Prior to amendment, last sentence read as follows: “That budget shall be submitted for any fiscal year not later than 60 days after the date on which the President’s budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.”
Subsec. (b). Pub. L. 110–181, § 944(b), substituted “on the basis of both major force programs and the core mission areas identified under the most recent quadrennial roles and missions review pursuant to section 118b of this title.” for “on the basis of major roles, missions, or forces of the Department of Defense.”
1994—Subsec. (a). Pub. L. 103–337 substituted “not later than 60 days after the date on which” for “at the same time that”.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. A, title IX, § 944(c), Jan. 28, 2008, 122 Stat. 290, provided that: “The amendments made by this section [amending this section] shall apply with respect to the future-years mission budget for fiscal year 2010 and each fiscal year thereafter.”
10 U.S.C. § 228 (ARMED FORCES)
[§ 228. Repealed. Pub. L. 114–92, div. A, title X, § 1073(a)(1), Nov. 25, 2015, 129 Stat. 995]
text: Section, added Pub. L. 105–85, div. A, title III, § 321(a)(1), Nov. 18, 1997, 111 Stat. 1672; amended Pub. L. 107–314, div. A, title III, § 361, Dec. 2, 2002, 116 Stat. 2519; Pub. L. 108–136, div. A, title X, §§ 1031(a)(6)(A), (B)(i), 1043(b)(5), Nov. 24, 2003, 117 Stat. 1596, 1611; Pub. L. 112–81, div. A, title X, § 1064(4)(A), (B)(i), Dec. 31, 2011, 125 Stat. 1587, related to biannual reports on allocation of funds within operation and maintenance budget subactivities.
10 U.S.C. § 239 (ARMED FORCES)
§ 239. National security space programs: major force program and budget assessment
(a) Establishment of Major Force Program.—
The Secretary of Defense shall establish a unified major force program for national security space programs pursuant to section 222(b) of this title to prioritize national security space activities in accordance with the requirements of the Department of Defense and national security.
(b) Budget Assessment.—
(1) The Secretary shall include with the defense budget materials for each of fiscal years 2017 through 2020 a report on the budget for national security space programs of the Department of Defense.
(2) Each report on the budget for national security space programs of the Department of Defense under paragraph (1) shall include the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title, and the amounts appropriated for such programs during the previous fiscal year; and
(ii) the specific identification, as a budgetary line item, for the funding under such programs.
(B) An assessment of the budget, including significant changes, priorities, challenges, and risks.
(C) Any additional matters the Secretary determines appropriate.
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(c) Definitions.—
In this section:
(1) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(Added Pub. L. 114–92, div. A, title XVI, § 1601(a)(1), Nov. 25, 2015, 129 Stat. 1095.)
heading: Plan to carry out unified major force program designation
text: Pub. L. 114–92, div. A, title XVI, § 1601(b), Nov. 25, 2015, 129 Stat. 1096, provided that: “Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to carry out the unified major force program designation required by section 239(a) of title 10, United States Code, as added by subsection (a)(1), including any recommendations for legislative action the Secretary determines appropriate.”
10 U.S.C. § 383 (ARMED FORCES)
§ 383. Situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities
(a) In General.—
Upon the request of the Attorney General, the Secretary of Defense may provide assistance in support of Department of Justice activities related to the enforcement of section 2332f of title 18 during situations involving bombings of places of public use, Government facilities, public transportation systems, and infrastructure facilities.
(b) Rendering-safe Support.—
Military explosive ordnance disposal units providing rendering-safe support to Department of Justice activities relating to the enforcement of section 175, 229, or 2332a of title 18 in emergency situations involving weapons of mass destruction shall provide such support in a manner consistent with the provisions of section 382 of this title.
(c) Regulations.—
(1) The Secretary of Defense and the Attorney General shall jointly prescribe regulations concerning the types of assistance that may be provided under this section. Such regulations shall also describe the actions that Department of Defense personnel may take in circumstances incident to the provision of assistance under this section.
(2)
(A) Except as provided in subparagraph (B), the regulations prescribed under paragraph (1) may not authorize any of the following actions:
(i) Arrest.
(ii) Any direct participation in conducting a search for or seizure of evidence related to a violation of section 175, 229, or 2332a of title 18.
(iii) Any direct participation in the collection of intelligence for law enforcement purposes.
(B) Such regulations may authorize an action described in subparagraph (A) to be taken under the following conditions:
(i) The action is considered necessary for the immediate protection of human life, and civilian law enforcement officials are not capable of taking the action.
(ii) The action is otherwise authorized under subsection (a) or under otherwise applicable law.
(d) Explosive Ordnance Defined.—
The term “explosive ordnance”—
(1) means—
(A) bombs and warheads;
(B) guided and ballistic missiles;
(C) artillery, mortar, rocket, and small arms ammunition;
(D) all mines, torpedoes, and depth charges;
(E) grenades demolition charges;
(F) pyrotechnics;
(G) clusters and dispensers;
(H) cartridge- and propellant- actuated devices;
(I) electroexplosives devices;
(J) clandestine and improvised explosive devices; and
(K) all similar or related items or components explosive in nature; and
(2) includes all munitions containing explosives, propellants, nuclear fission or fusion materials, and biological and chemical agents.
(Added Pub. L. 114–92, div. A, title X, § 1082(a), Nov. 25, 2015, 129 Stat. 1002.)
10 U.S.C. § 430a (ARMED FORCES)
§ 430a. Executive agent for management and oversight of alternative compensatory control measures
(a) Executive Agent.—
The Secretary of Defense shall designate a senior official from among the personnel of the Department of Defense to act as the Department of Defense executive agent for the management and oversight of alternative compensatory control measures.
(b) Roles, Responsibilities, and Authorities.—
The Secretary shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a). Such roles, responsibilities, and authorities shall include the development of an annual management and oversight plan for Department-wide accountability and reporting to the congressional defense committees.
(Added Pub. L. 114–92, div. A, title X, § 1083(a)(1), Nov. 25, 2015, 129 Stat. 1003.)
10 U.S.C. § 430b (ARMED FORCES)
§ 430b. Executive agent for open-source intelligence tools
(a) Designation.—
Not later than April 1, 2016, the Secretary of Defense shall designate a senior official of the Department of Defense to serve as the executive agent for the Department for open-source intelligence tools.
(b) Roles, Responsibilities, and Authorities.—
(1) Not later than July 1, 2016, in accordance with Directive 5101.1, the Secretary shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).
(2) The roles and responsibilities of the executive agent designated under subsection (a) shall include the following:
(A) Developing and maintaining a comprehensive list of open-source intelligence tools and technical standards.
(B) Establishing priorities for the development, acquisition, and integration of open-source intelligence tools into the intelligence enterprise, and other command and control systems as needed.
(C) Certifying all open-source intelligence tools with respect to compliance with the standards required by the framework and guidance for the Intelligence Community Information Technology Enterprise, the Defense Intelligence Information Enterprise, and the Joint Information Environment.
(D) Assessing and making recommendations regarding the protection of privacy in the acquisition, analysis, and dissemination of open-source information available around the world.
(E) Performing such other assessments or analyses as the Secretary considers appropriate.
(c) Support Within Department of Defense.—
In accordance with Directive 5101.1, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.
(d) Definitions.—
In this section:
(1) The term “Directive 5101.1” means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.
(2) The term “executive agent” has the meaning given the term “DoD Executive Agent” in Directive 5101.1.
(3) The term “open-source intelligence tools” means tools for the systematic collection, processing, and analysis of publicly available information for known or anticipated intelligence requirements.
(Added Pub. L. 114–92, div. A, title XVI, § 1631(a), Nov. 25, 2015, 129 Stat. 1110.)
10 U.S.C. § 1095g (ARMED FORCES)
§ 1095g. TRICARE program: waiver of recoupment of erroneous payments caused by administrative error
(a) Waiver of Recoupment.—
The Secretary of Defense may waive recoupment from an individual who has benefitted from an erroneous TRICARE payment in a case in which each of the following applies:
(1) The payment was made because of an administrative error by an employee of the Department of Defense or a contractor under the TRICARE program.
(2) The individual (or in the case of a minor, the parent or guardian of the individual) had a good faith, reasonable belief that the individual was entitled to the benefit of such payment under this chapter.
(3) The individual relied on the expectation of such entitlement.
(4) The Secretary determines that a waiver of recoupment of such payment is necessary to prevent an injustice.
(b) Responsibility of Contractor.—
In any case in which the Secretary waives recoupment under subsection (a) and the administrative error was on the part of a contractor under the TRICARE program, the Secretary shall, consistent with the requirements and procedures of the applicable contract, impose financial responsibility on the contractor for the erroneous payment.
(c) Finality of Determinations.—
Any determination by the Secretary under this section to waive or decline to waive recoupment under subsection (a) is a final determination and shall not be subject to appeal or judicial review.
(Added Pub. L. 114–92, div. A, title VII, § 711(a), Nov. 25, 2015, 129 Stat. 864.)
10 U.S.C. § 1253 (ARMED FORCES)
§ 1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions
(a) General Rule.—
Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(b) Exception for Officers Serving in O–9 and O–10 Positions.—
In the case of an officer serving in a position that carries a grade above major general or rear admiral, the retirement under subsection (a) of that officer may be deferred—
(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or
(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.
(c) Deferred Retirement of Chaplains.—
(1) The Secretary of the military department concerned may defer the retirement under subsection (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force.
(2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.
(3) The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.
(Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, § 504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807.)
heading: Amendments
text: 2015—Pub. L. 114–92, § 504(b)(1), substituted “Age 64: regular commissioned officers in general and flag officer grades; exceptions” for “Age 64: regular commissioned officers in general and flag officer grades; exception” in section catchline.
Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c).
10 U.S.C. § 1371 (ARMED FORCES)
§ 1371. Warrant officers: general rule
Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 104; Pub. L. 114–92, div. A, title V, § 505, Nov. 25, 2015, 129 Stat. 808.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1371
10:600l(d) (1st sentence).
10:600l(f) (1st sentence, as applicable to retired grade).
34:430(d) (1st sentence).
May 29, 1954, ch. 249, § 14(d) (1st sentence), (f) (1st sentence, as applicable to retired grade), 68 Stat. 163, 164.
34:430(f) (1st sentence, as applicable to retired grade).
The first 13 words are substituted for 10:600l(f) (1st sentence, as applicable to retired grade) and 34:430 (1st sentence, as applicable to retired grade). The words “for a period of more than 30 days” are substituted for the words “under * * * orders specifying that the period of such duty shall be for a period in excess of thirty days or for an indefinite period”, to conform to the definition of those words in section 101(23) of this title. The words “any full time duty” are omitted, since the duty specified would necessarily be full time duty. The words “under this section” and “competent” are omitted as surplusage.
heading: Amendments
text: 2015—Pub. L. 114–92 amended section generally. Prior to amendment, text read as follows: “Unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.”
heading: Public Health Service
text: Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
heading: National Oceanic and Atmospheric Administration
text: Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navigation and Navigable Waters.