dreamproit/uscode huggingface dataset:
10 U.S.C. § 635 (ARMED FORCES)
§ 635. Retirement for years of service: regular brigadier generals and rear admirals (lower half)
Except as provided under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of brigadier general, and each officer of the Regular Navy who holds the regular grade of rear admiral (lower half), who is not on a list of officers recommended for promotion to the regular grade of major general or rear admiral, respectively, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 30 years of active commissioned service, whichever is later.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–86, title IV, § 405(b)(1), (5)(A), Dec. 1, 1981, 95 Stat. 1105, 1106; Pub. L. 98–525, title XIV, § 1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), (5)(A), Nov. 8, 1985, 99 Stat. 628; Pub. L. 114–328, div. A, title V, § 505(b)(3), Dec. 23, 2016, 130 Stat. 2108.)
heading: Amendments
text: 2016—Pub. L. 114–328 inserted “or 637a” after “637(b)”.
1985—Pub. L. 99–145 substituted “rear admirals (lower half)” for “commodores” in section catchline and “rear admiral (lower half)” for “commodore” in text.
1984—Pub. L. 98–525 substituted “30” for “thirty”.
1981—Pub. L. 97–86 substituted “commodores” for “commodore admirals” in section catchline and “commodore” for “commodore admiral” in text.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.
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. § 636 (ARMED FORCES)
§ 636. Retirement for years of service: regular officers in grades above brigadier general and rear admiral (lower half)
(a) Major Generals and Rear Admirals Serving in Grade.—
Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 35 years of active commissioned service, whichever is later.
(b) Lieutenant Generals and Vice Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number of years of active commissioned service applicable to the officer is 38 years.
(c) Generals and Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of general or admiral, the number of years of active commissioned service applicable to the officer is 40 years.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 98–525, title XIV, § 1405(14), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 105–85, div. A, title V, § 506(a), (b), Nov. 18, 1997, 111 Stat. 1726; Pub. L. 114–328, div. A, title V, § 505(b)(4), Dec. 23, 2016, 130 Stat. 2108.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–328 inserted “or 637a” after “637(b)”.
1997—Pub. L. 105–85, § 506(b), substituted “regular officers in grades above brigadier general and rear admiral (lower half)” for “regular major generals and rear admirals” in section catchline.
Pub. L. 105–85, § 506(a), designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b) or (c) and” for “Except as provided”, and added subsecs. (b) and (c).
1984—Pub. L. 98–525 substituted “35” for “thirty-five”.
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. § 637a (ARMED FORCES)
§ 637a. Continuation on active duty: officers in certain military specialties and career tracks
(a) In General.—
The Secretary of the military department concerned may authorize an officer in a grade above grade O–4 to remain on active duty after the date otherwise provided for the retirement of the officer in section 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).
(b) Military Specialties.—
Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).
(c) Duration of Continuation.—
An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.
(d) Regulations.—
The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialities for purposes of subsection (b).
(Added Pub. L. 114–328, div. A, title V, § 505(a)(1), Dec. 23, 2016, 130 Stat. 2107.)
10 U.S.C. § 704a (ARMED FORCES)
§ 704a. Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law
No member or category of members of the armed forces may be authorized, granted, or assigned leave, including uncharged leave, not expressly authorized by a provision of this chapter or another statute unless expressly authorized by an Act of Congress enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.
(Added Pub. L. 114–328, div. A, title V, § 521(b)(1), Dec. 23, 2016, 130 Stat. 2115.)
heading: References in Text
text: The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in text, is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.
10 U.S.C. § 709a (ARMED FORCES)
§ 709a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement
(a) Authorization To Reimburse.—
The Secretary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when—
(1) the leave is canceled in connection with the member’s participation in a contingency operation; and
(2) the cancellation occurs within 48 hours of the time the leave would have commenced.
(b) Regulations.—
The Secretary of Defense and, in the case of the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to establish the criteria for the applicability of subsection (a).
(c) Conclusiveness of Settlement.—
The settlement of an application for reimbursement under subsection (a) is final and conclusive.
(Added Pub. L. 114–328, div. A, title V, § 522(a), Dec. 23, 2016, 130 Stat. 2115.)
10 U.S.C. § 711 (ARMED FORCES)
§ 711. Senior members of Military Staff Committee of United Nations: appointment
The President, by and with the advice and consent of the Senate, may appoint an officer of the Army, an officer of the Navy or the Marine Corps, and an officer of the Air Force, as senior members of the Military Staff Committee of the United Nations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 32; Pub. L. 114–328, div. A, title V, § 502(f), Dec. 23, 2016, 130 Stat. 2103.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
711
10:506b(c) (less last 12 words).
Aug. 7, 1947, ch. 512, § 504(c) (less last 12 words), 61 Stat 886.
The words “Within the limitations as to numbers in grade prescribed in this Act”, so far as they relate to the Army and the Air Force, are omitted as executed by the declaration of the national emergency on December 16, 1950, in accordance with an opinion of the Judge Advocate General of the Army (JAGA 1951/6180, 17 Oct. 1951). So far as they relate to the Navy and the Marine Corps they are omitted as surplusage. The words “may appoint” are inserted to make it explicit that the revised section prescribes the appointment as well as the rank and pay that go with it. The word “grade” is substituted for the word “rank”. The words “Navy or Marine Corps” are substituted for the words “Navy, including the Marine Corps”. The words “Army, * * * Air Force” are substituted for the words “Army less the Air Corps * * * Air Corps”. The words “pay and allowances of a vice admiral or lieutenant general” are omitted as surplusage, since this is implicit upon appointment to the grade. The words “and Naval” are omitted to conform to the name “Military Staff Committee” established by Article 47 of the United Nations Charter.
heading: Amendments
text: 2016—Pub. L. 114–328 struck out second sentence which read as follows: “An officer so appointed has the grade of lieutenant general or vice admiral, as the case may be, while serving under that appointment.”
10 U.S.C. § 720 (ARMED FORCES)
[§ 720. Repealed. Pub. L. 114–328, div. A, title V, § 502(g)(1), Dec. 23, 2016, 130 Stat. 2103]
text: Section, added Pub. L. 96–513, title V, § 501(9)(A), Dec. 12, 1980, 94 Stat. 2907, related to appointment of Chief of Staff to President.
10 U.S.C. § 722 (ARMED FORCES)
[§ 722. Repealed. Pub. L. 114–328, div. A, title V, § 502(h)(1), Dec. 23, 2016, 130 Stat. 2103]
text: Section, added Pub. L. 109–364, div. A, title V, § 507(a)(1)(A), Oct. 17, 2006, 120 Stat. 2180, related to grade of Attending Physician to the Congress.
10 U.S.C. § 744 (ARMED FORCES)
[§ 744. Repealed. Pub. L. 114–328, div. A, title V, § 502(i)(1), Dec. 23, 2016, 130 Stat. 2103]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 34, related to assignment and grade of physician to the White House.
10 U.S.C. § 806a (ARMED FORCES)
§ 806a. Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges
(a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge’s position. To the extent practicable, the procedures shall be uniform for all armed forces.
(b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(Added Pub. L. 101–189, div. A, title XIII, § 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–328, div. E, title LI, § 5104, Dec. 23, 2016, 130 Stat. 2895.)
heading: Amendment of Subsection (a)
text: Pub. L. 114–328, div. E, title LI, § 5104, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2895, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, subsection (a)(1) is amended in the first sentence by striking “military judge” and all that follows through the end of the sentence and inserting “military appellate judge, military judge, or military magistrate to perform the duties of the position involved.” See 2016 Amendment note below.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–328 substituted “military appellate judge, military judge, or military magistrate to perform the duties of the position involved.” for “military judge or military appellate judge to perform the duties of the judge’s position.”
1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (b). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 812 (ARMED FORCES)
§ 812. Art. 12. Confinement with enemy prisoners prohibited
No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 114–328, div. E, title LII, § 5122, Dec. 23, 2016, 130 Stat. 2896.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LII, § 5122, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2896, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is amended to read as follows:
§ 812. Art. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others
No member of the armed forces may be placed in confinement in immediate association with—
(1) enemy prisoners; or
(2) other individuals—
(A) who are detained under the law of war and are foreign nationals; and
(B) who are not members of the armed forces.
See 2016 Amendment note below.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
812
50:566.
May 5, 1950, ch. 169, § 1 (Art. 12), 64 Stat. 112.
The words “of the United States” are omitted as surplusage. The word “may” is substituted for the word “shall”.
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
10 U.S.C. § 826a (ARMED FORCES)
§ 826a. Art. 26a. Military magistrates
(a) Qualifications.—
A military magistrate shall be a commissioned officer of the armed forces who—
(1) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
(2) is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military magistrate by the Judge Advocate General of the armed force of which the officer is a member.
(b) Duties.—
In accordance with regulations prescribed by the Secretary concerned, in addition to duties when designated under section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.
(Added Pub. L. 114–328, div. E, title LV, § 5185, Dec. 23, 2016, 130 Stat. 2901.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Effective Date
text: Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 note under section 801 of this title.
10 U.S.C. § 830a (ARMED FORCES)
§ 830a. Art. 30a. Certain proceedings conducted before referral
(a) In General.—
(1) Proceedings may be conducted to review the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic communications.
(C) Pre-referral matters referred by an appellate court.
(2) The regulations prescribed under paragraph (1) shall—
(A) include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and
(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
(b) Detail of Military Judge.—
The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
(c) Discretion to Designate Magistrate to Preside.—
In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.
(Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Effective Date
text: Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
10 U.S.C. § 840 (ARMED FORCES)
§ 840. Art. 40. Continuances
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(16), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 114–328, div. E, title LVII, § 5223, Dec. 23, 2016, 130 Stat. 2909.)
heading: Amendment of Section
text: Pub. L. 114–328, Dec. 23, 2016, div. E, title LVII, § 5223, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2909, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is amended by striking “court-martial without a military judge” and inserting “summary court-martial”. See 2016 Amendment note below.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
840
50:615.
May 5, 1950, ch. 169, § 1 (Art. 40), 64 Stat. 121.
heading: Amendments
text: 2016—Pub. L. 114–328 substituted “summary court-martial” for “court-martial without a military judge”.
1968—Pub. L. 90–632 inserted reference to military judge.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.