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10 U.S.C. § 643 (ARMED FORCES)
§ 643. Chaplains: discharge or retirement upon loss of professional qualifications
Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867.)
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 1184 (ARMED FORCES)
§ 1184. Removal of officer: action by Secretary upon recommendation of board of inquiry
The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under section 1182 of this title.
(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 105–261, div. A, title V, § 503(b)(2), (c)(1), Oct. 17, 1998, 112 Stat. 2003.)
heading: Amendments
text: 1998—Pub. L. 105–261 substituted “inquiry” for “review” in section catchline and “board of inquiry convened under section 1182 of this title” for “board of review convened under section 1183 of this title” in text.
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 1185 (ARMED FORCES)
§ 1185. Rights and procedures
(a) Under regulations prescribed by the Secretary of Defense, each officer required under section 1181 of this title to show cause for retention on active duty—
(1) shall be notified in writing, at least 30 days before the hearing of his case by a board of inquiry, of the reasons for which he is being required to show cause for retention on active duty;
(2) shall be allowed a reasonable time, as determined by the board of inquiry, to prepare his showing of cause for his retention on active duty;
(3) shall be allowed to appear in person and to be represented by counsel at proceedings before the board of inquiry; and
(4) shall be allowed full access to, and shall be furnished copies of, records relevant to his case, except that the board of inquiry shall withhold any record that the Secretary concerned determines should be withheld in the interest of national security.
(b) When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.
(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874.)
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 1186 (ARMED FORCES)
§ 1186. Officer considered for removal: voluntary retirement or discharge
(a) At any time during proceedings under this chapter with respect to the removal of an officer from active duty, the Secretary of the military department concerned may grant a request by the officer—
(1) for voluntary retirement, if the officer is qualified for retirement; or
(2) for discharge in accordance with subsection (b)(2).
(b) An officer removed from active duty under section 1184 of this title shall—
(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under such provision; and
(2) if ineligible for voluntary retirement under any provision of law on the date of such removal—
(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 1181 of this title; or
(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 1181 of this title.
(c) An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.
(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 101–510, div. A, title V, § 501(f)(1), Nov. 5, 1990, 104 Stat. 1550.)
heading: Amendments
text: 1990—Subsec. (c). Pub. L. 101–510 substituted “section 1174(a)(2)” for “section 1174(b)”.
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 1187 (ARMED FORCES)
§ 1187. Officers eligible to serve on boards
(a) In General.—
Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows:
(1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty.
(2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander.
(3) Each member of the board shall be senior in grade to any officer to be considered by the board.
(b) Retired Officers.—
If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(2) is senior to the grade of any officer to be considered by the board.
(c) Ineligibility by Reason of Previous Consideration of Same Officer.—
No person may be a member of more than one board convened under this chapter to consider the same officer.
(d) Exclusion From Strength Limitation.—
A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
(Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 106–65, div. A, title V, § 504(a), Oct. 5, 1999, 113 Stat. 590; Pub. L. 110–417, [div. A], title V, § 505, Oct. 14, 2008, 122 Stat. 4434.)
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–417, § 505(a)(1), (b), substituted “In General” for “Active Duty Officers” in heading, redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “Each member of the board shall be on the active-duty list.”
Subsec. (b). Pub. L. 110–417, § 505(a)(2), struck out “on active duty” after “qualified officers” in introductory provisions.
1999—Pub. L. 106–65 amended text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to officers eligible to serve on boards.
heading: Effective Date
text: Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 2182 (ARMED FORCES)
§ 2182. Educational assistance: dependents of captives
(a) Under regulations prescribed by the President, the Secretary concerned shall pay (by advancement or reimbursement) a dependent of a person who is in a captive status for expenses incurred, while attending an educational or training institution, for—
(1) subsistence;
(2) tuition;
(3) fees;
(4) supplies;
(5) books;
(6) equipment; and
(7) other educational expenses.
(b) Except as provided in section 2184 of this title, payments shall be available under this section for a dependent of a person who is in a captive status for education or training that occurs—
(1) after that person is in a captive status for not less than 90 days; and
(2) on or before—
(A) the end of any semester or quarter (as appropriate) that begins before the date on which the captive status of that person terminates;
(B) the earlier of the end of any course that began before such date or the end of the 16-week period following that date if the educational or training institution is not operated on a semester or quarter system; or
(C) a date specified by the Secretary concerned in order to respond to special circumstances.
(c) If a person in a captive status or a former captive dies and the death is incident to the captivity, payments shall be available under this section for a dependent of that person for education or training that occurs after the date of the death of that person.
(d) The provisions of this section shall not apply to any dependent who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law.
(Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 887.)
heading: Effective Date
text: Section applicable with respect to persons whose captive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title.
heading: Delegation of Functions
text: Functions of the President under this section delegated to the Secretary of Defense, see section 3 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.
10 U.S.C. § 2183 (ARMED FORCES)
§ 2183. Educational assistance: former captives
(a) In order to respond to special circumstances, the Secretary concerned may pay (by advancement or reimbursement) a person who is a former captive for expenses incurred, while attending an educational or training institution, for—
(1) subsistence;
(2) tuition;
(3) fees;
(4) supplies;
(5) books;
(6) equipment; and
(7) other educational expenses.
(b) Except as provided in section 2184 of this title, payments shall be available under this section for a person who is a former captive for education or training that occurs—
(1) after the termination of the status of that person as a captive; and
(2) on or before—
(A) the end of any semester or quarter (as appropriate) that begins before the end of the 10-year period beginning on the date on which the status of that person as a captive terminates; or
(B) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course that began before such date or the end of the 16-week period following that date.
(c) Payments shall be available under this section only to the extent that such payments are not otherwise authorized by law.
(Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888.)
heading: Effective Date
text: Section applicable with respect to persons whose captive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title.
10 U.S.C. § 2184 (ARMED FORCES)
§ 2184. Termination of assistance
Assistance under this chapter—
(1) shall be discontinued for any person whose conduct or progress is unsatisfactory under standards consistent with those established under section 3524 of title 38; and
(2) may not be provided for any person for more than 45 months (or the equivalent in other than full-time education or training).
(Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 103–337, div. A, title X, § 1070(e)(7), Oct. 5, 1994, 108 Stat. 2859.)
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–337 substituted “3524” for “1724”.
heading: Effective Date
text: Section applicable with respect to persons whose captive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title.
10 U.S.C. § 2185 (ARMED FORCES)
§ 2185. Programs to be consistent with programs administered by the Department of Veterans Affairs
Regulations prescribed to carry out this chapter shall provide that the programs under this chapter shall be consistent with the educational assistance programs under chapters 35 and 36 of title 38.
(Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(7)(A), Nov. 29, 1989, 103 Stat. 1603.)
heading: Amendments
text: 1989—Pub. L. 101–189 substituted “the Department of Veterans Affairs” for “the Veterans’ Administration” in section catchline.
heading: Effective Date
text: Section applicable with respect to persons whose captive status begins after Jan. 21, 1981, see section 806(d)(3) of Pub. L. 99–399, set out as a note under 2181 of this title.
10 U.S.C. § 2445d (ARMED FORCES)
§ 2445d. Construction with other reporting requirements
In the case of a major automated information system program covered by this chapter that is also treatable as a major defense acquisition program for which reports would be required under chapter 144 of this title, the Secretary may designate the program to be treated only as a major automated information system program covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.
(Added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2326; amended Pub. L. 111–84, div. A, title VIII, § 817(a), Oct. 28, 2009, 123 Stat. 2408.)
heading: Amendments
text: 2009—Pub. L. 111–84 substituted “of this title, the Secretary may designate the program to be treated only as a major automated information system program covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.” for “of this title, no reports on the program are required under such chapter if the requirements of this chapter with respect to the program are met.”
heading: Effective Date
text: Section effective Jan. 1, 2008, and applicable with respect to any major automated information system program for which amounts are requested in the budget of the President for a fiscal year after fiscal year 2008, see section 816(c) of Pub. L. 109–364, set out as a note under section 2445a of this title.
heading: Guidance Required
text: Pub. L. 111–84, div. A, title VIII, § 817(b), Oct. 28, 2009, 123 Stat. 2408, provided that:
“Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall issue guidance on the implementation of section 2445d of title 10, United States Code (as amended by subsection (a)). The guidance shall provide that, as a general rule—
“(1) a program covered by such section that requires the development of customized hardware shall be treated only as a major defense acquisition program under chapter 144 of title 10, United States Code; and
“(2) a program covered by such section that does not require the development of customized hardware shall be treated only as a major automated information system program under chapter 144A of title 10, United States Code.”
10 U.S.C. § 9442 (ARMED FORCES)
§ 9442. Status as volunteer civilian auxiliary of the Air Force
(a) Volunteer Civilian Auxiliary.—
The Civil Air Patrol is a volunteer civilian auxiliary of the Air Force when the services of the Civil Air Patrol are used by any department or agency in any branch of the Federal Government.
(b) Use by Air Force.—
(1) The Secretary of the Air Force may use the services of the Civil Air Patrol to fulfill the noncombat programs and missions of the Department of the Air Force.
(2) The Civil Air Patrol shall be deemed to be an instrumentality of the United States with respect to any act or omission of the Civil Air Patrol, including any member of the Civil Air Patrol, in carrying out a mission assigned by the Secretary of the Air Force.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295.)
heading: Prior Provisions
text: A prior section 9442, added Pub. L. 98–525, title XV, § 1533(b)(1), Oct. 19, 1984, 98 Stat. 2632, related to assistance of Civil Air Patrol by other agencies, prior to the general amendment of this chapter by Pub. L. 106–398.
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9441 of this title.
10 U.S.C. § 9443 (ARMED FORCES)
§ 9443. Activities performed as federally chartered nonprofit corporation
(a) Use of Federally Provided Resources.—
In its status as a federally chartered nonprofit corporation, the Civil Air Patrol may use equipment, supplies, and other resources, including aircraft, motor vehicles, computers, and communications equipment, provided to the Civil Air Patrol by a department or agency of the Federal Government or acquired by or for the Civil Air Patrol with appropriated funds (or with funds of the Civil Air Patrol, but reimbursed from appropriated funds)—
(1) to provide assistance requested by State or local governmental authorities to perform disaster relief missions and activities, other emergency missions and activities, and nonemergency missions and activities; and
(2) to fulfill its other purposes set forth in section 40302 of title 36.
(b) Use Subject to Applicable Laws.—
The use of equipment, supplies, or other resources under subsection (a) is subject to the laws and regulations that govern the use by nonprofit corporations of federally provided assets or of assets purchased with appropriated funds, as the case may be.
(c) Authority Not Contingent on Reimbursement.—
The authority for the Civil Air Patrol to provide assistance under subsection (a)(1) is not contingent on the Civil Air Patrol being reimbursed for the cost of providing the assistance. If the Civil Air Patrol elects to require reimbursement for the provision of assistance under such subsection, the Civil Air Patrol may establish the reimbursement rate at a rate less than the rates charged by private sector sources for equivalent services.
(d) Liability Insurance.—
The Secretary of the Air Force may provide the Civil Air Patrol with funds for paying the cost of liability insurance to cover missions and activities carried out under this section.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–295.)
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9441 of this title.
10 U.S.C. § 9445 (ARMED FORCES)
§ 9445. Funds appropriated for the Civil Air Patrol
Funds appropriated for the Civil Air Patrol shall be available only for the exclusive use of the Civil Air Patrol.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297.)
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9441 of this title.
10 U.S.C. § 9446 (ARMED FORCES)
§ 9446. Miscellaneous personnel authorities
(a) Use of Retired Air Force Personnel.—
(1) Upon the request of a person retired from service in the Air Force, the Secretary of the Air Force may enter into a personal services contract with that person providing for the person to serve as an administrator or liaison officer for the Civil Air Patrol. The qualifications of a person to provide the services shall be determined and approved in accordance with regulations prescribed under section 9448 of this title.
(2) To the extent provided in a contract under paragraph (1), a person providing services under the contract may accept services on behalf of the Air Force.
(3) A person, while providing services under a contract authorized under paragraph (1), may not be considered to be on active duty or inactive-duty training for any purpose.
(b) Use of Civil Air Patrol Chaplains.—
The Secretary of the Air Force may use the services of Civil Air Patrol chaplains in support of the Air Force active duty and reserve component forces to the extent and under conditions that the Secretary determines appropriate.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–297.)
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9441 of this title.
10 U.S.C. § 9448 (ARMED FORCES)
§ 9448. Regulations
(a) Authority.—
The Secretary of the Air Force shall prescribe regulations for the administration of this chapter.
(b) Required Regulations.—
The regulations shall include the following:
(1) Regulations governing the conduct of the activities of the Civil Air Patrol when it is performing its duties as a volunteer civilian auxiliary of the Air Force under section 9442 of this title.
(2) Regulations for providing support by the Air Force and for arranging assistance by other agencies under section 9444 of this title.
(3) Regulations governing the qualifications of retired Air Force personnel to serve as an administrator or liaison officer for the Civil Air Patrol under a personal services contract entered into under section 9446(a) of this title.
(c) Approval by Secretary of Defense.—
The regulations required by subsection (b)(2) shall be subject to the approval of the Secretary of Defense.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1090(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–299.)
heading: Effective Date
text: Section effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as a note under section 9441 of this title.
10 U.S.C. § 10102 (ARMED FORCES)
§ 10102. Purpose of reserve components
The purpose of each reserve component is to provide trained units and qualified persons available for active duty in the armed forces, in time of war or national emergency, and at such other times as the national security may require, to fill the needs of the armed forces whenever more units and persons are needed than are in the regular components.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2970; amended Pub. L. 108–375, div. A, title V, § 511, Oct. 28, 2004, 118 Stat. 1877.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 262 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(2)(A).
heading: Amendments
text: 2004—Pub. L. 108–375 struck out “, during and after the period needed to procure and train additional units and qualified persons to achieve the planned mobilization,” after “whenever”.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.