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10 U.S.C. § 932 (ARMED FORCES)
§ 932. Art. 132. Frauds against the United States
Any person subject to this chapter—
(1) who, knowing it to be false or fraudulent—
(A) makes any claim against the United States or any officer thereof; or
(B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof—
(A) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States;
shall, upon conviction, be punished as a court-martial may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 75.)
heading: Transfer and Enactment of Section
text: Pub. L. 114–328, div. E, title LX, §§ 5401(14), 5450, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2939, 2957, 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 redesignated and transferred to become section 924 of this title (article 124), and a new section 932 (article 132) is enacted. For text of new section 932 after the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
932
50:726.
May 5, 1950, ch. 169, § 1 (Art. 132), 64 Stat. 142.
The word “it” is substituted for the words “the same” throughout the revised section.
heading: Effective Date of 2016 Amendment
text: Transfer of current section and enactment of new section 932 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. § 934 (ARMED FORCES)
§ 934. Art. 134. General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LX, § 5451, Dec. 23, 2016, 130 Stat. 2958.)
heading: Amendment of Section
text: Pub. L. 114–328, div. E, title LX, § 5451, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2958, 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 inserting at the end “As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.” See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
934
50:728.
May 5, 1950, ch. 169, § 1 (Art. 134), 64 Stat. 142.
The words “shall be” are inserted before the word “punished”.
heading: Amendments
text: 2016—Pub. L. 114–328 inserted at end “As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.”
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. § 940a (ARMED FORCES)
§ 940a. Art. 140a. Case management; data collection and accessibility
The Secretary of Defense shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts:
(1) Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146).
(2) Case processing and management.
(3) Timely, efficient, and accurate production and distribution of records of trial within the military justice system.
(4) Facilitation of access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.
(Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Effective Date
text: Pub. L. 114–328, div. E, title LXI, § 5504(b), Dec. 23, 2016, 130 Stat. 2961, provided that:
“(1) In general.—
Not later than 2 years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a).
“(2) Standards and criteria.—
Not later than 4 years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect.”
Except as otherwise provided, 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. § 1050a...1051a (ARMED FORCES)
[§§ 1050a to 1051a. Repealed. Pub. L. 114–328, div. A, title XII, § 1243(b)(1), Dec. 23, 2016, 130 Stat. 2516]
text: Section 1050a, added Pub. L. 111–383, div. A, title XII, § 1204(a), Jan. 7, 2011, 124 Stat. 4386, related to the payment of personnel expenses for African cooperation.
text: Section 1051, added Pub. L. 99–661, div. A, title XIII, § 1322(a), Nov. 14, 1986, 100 Stat. 3989; amended Pub. L. 101–189, div. A, title IX, § 936, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–510, div. A, title XIII, § 1301(5), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–484, div. A, title XIII, § 1362, Oct. 23, 1992, 106 Stat. 2560; Pub. L. 107–314, div. A, title XII, § 1202(a), Dec. 2, 2002, 116 Stat. 2663; Pub. L. 109–163, div. A, title XII, § 1203, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–417, [div. A], title XII, § 1231(a), (b)(1), (c)(1), Oct. 14, 2008, 122 Stat. 4636, 4637, related to the payment of expenses for multilateral, bilateral, or regional cooperation programs.
text: Section 1051a, added Pub. L. 107–314, div. A, title XII, § 1201(a)(1), Dec. 2, 2002, 116 Stat. 2662; amended Pub. L. 109–13, div. A, title I, § 1010, May 11, 2005, 119 Stat. 244; Pub. L. 109–163, div. A, title XII, § 1205, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–181, div. A, title XII, § 1203(a)–(e)(1), Jan. 28, 2008, 122 Stat. 364, 365; Pub. L. 111–84, div. A, title XII, § 1205(a), Oct. 28, 2009, 123 Stat. 2514; Pub. L. 113–291, div. A, title XII, § 1203, Dec. 19, 2014, 128 Stat. 3530, related to the payment of travel, subsistence, medical care, and other personal expenses and the provision of administrative services and support to liaison officers of certain foreign nations.
heading: Air Force Scholarships for Partnership for Peace Nations To Participate in the Euro-NATO Joint Jet Pilot Training Program
text: Pub. L. 111–383, div. A, title XII, § 1206, Jan. 7, 2011, 124 Stat. 4387, permitted the Secretary of the Air Force to establish and maintain a demonstration scholarship program, until Sept. 30, 2012, to allow personnel of the air forces of countries that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program.
10 U.S.C. § 1051c (ARMED FORCES)
[§ 1051c. Repealed. Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(B), Dec. 23, 2016, 130 Stat. 2532]
text: Section, added Pub. L. 112–81, div. A, title IX, § 951(a)(1), Dec. 31, 2011, 125 Stat. 1548, related to assignments to improve education and training in information security as part of multilateral, bilateral, or regional cooperation programs.
10 U.S.C. § 1076f (ARMED FORCES)
§ 1076f. TRICARE program: extension of coverage for certain members of the National Guard and dependents during certain disaster response duty
(a) Extended Coverage.—
During a period in which a member of the National Guard is performing disaster response duty, the member may be treated as being on active duty for a period of more than 30 days for purposes of the eligibility of the member and dependents of the member for health care benefits under the TRICARE program if such period immediately follows a period in which the member served on full-time National Guard duty under section 502(f) of title 32, including pursuant to chapter 9 of such title, unless the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) determines that such extended eligibility is not in the best interest of the member or the State.
(b) Contribution by State.—
(1) The Secretary shall charge a State for the costs of providing coverage under the TRICARE program to members of the National Guard of the State and the dependents of the members pursuant to subsection (a). Such charges shall be paid from the funds of the State or from any other non-Federal funds.
(2) Any amounts received by the Secretary under paragraph (1) shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section, including to carry out subsection (a) of this section.
(c) Definitions.—
In this section:
(1) The term “disaster response duty” means duty performed by a member of the National Guard in State status pursuant to an emergency declaration by the Governor of the State (or, with respect to the District of Columbia, the mayor of the District of Columbia) in response to a disaster or in preparation for an imminent disaster.
(2) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(Added Pub. L. 114–328, div. A, title VII, § 711(a), Dec. 23, 2016, 130 Stat. 2213.)
10 U.S.C. § 1079a (ARMED FORCES)
§ 1079a. CHAMPUS: treatment of refunds and other amounts collected
All refunds and other amounts collected in the administration of the Civilian Health and Medical Program of the Uniformed Services shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
(Added Pub. L. 104–201, div. A, title VII, § 733(a)(1), Sept. 23, 1996, 110 Stat. 2597; Pub. L. 114–328, div. A, title VII, § 701(j)(1)(D), Dec. 23, 2016, 130 Stat. 2192.)
heading: Amendment of Section
text: Pub. L. 114–328, div. A, title VII, § 701(j)(1)(D), (k), Dec. 23, 2016, 130 Stat. 2192, 2193, provided that, applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, this section is amended as follows:
(1) in the section heading, by striking “CHAMPUS” and inserting “TRICARE program”; and
(2) by striking “the Civilian Health and Medical Program of the Uniformed Services” and inserting “the TRICARE program”.
See 2016 Amendment note below.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriations acts:
Pub. L. 104–61, title VIII, § 8094, Dec. 1, 1995, 109 Stat. 671.
Pub. L. 103–335, title VIII, § 8144, Sept. 30, 1994, 108 Stat. 2656.
heading: Amendments
text: 2016—Pub. L. 114–328 substituted “TRICARE program” for “CHAMPUS” in section catchline and “the TRICARE program” for “the Civilian Health and Medical Program of the Uniformed Services” in text.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
10 U.S.C. § 1449 (ARMED FORCES)
§ 1449. Mental incompetency of member
(a) Election by Secretary Concerned on Behalf of Mentally Incompetent Member.—
If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, an election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned.
(b) Revocation of Election by Member.—
(1) Authority upon subsequent determination of mental competence.—
If a person for whom the Secretary has made an election under subsection (a) is later determined to be mentally competent by an authority named in that subsection, that person may, within 180 days after that determination, revoke that election.
(2) Deductions from retired pay or CRSC not to be refunded.—
Any deduction made from retired pay or combat-related special compensation by reason of such an election may not be refunded.
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, § 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, § 1407(a)(3), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114–328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)
heading: Amendments
text: 2016—Subsec. (b)(2). Pub. L. 114–328 inserted “or CRSC” after “retired pay” in heading and “or combat-related special compensation” after “from retired pay” in text.
1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: “If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, any election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later determined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any deductions made from retired pay by reason of such an election will not be refunded.”
1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” and struck out “or retainer” after “made from retired”.
1978—Pub. L. 95–397 substituted “subsection (a)(2) or (b)” for “the first sentence of subsection (a), or subsection (b)”.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amendment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under section 1447 of this title.
10 U.S.C. § 1559 (ARMED FORCES)
§ 1559. Personnel limitation
(a) Limitation.—
Before December 31, 2019, the Secretary of a military department may not carry out any reduction in the number of military and civilian personnel assigned to duty with the service review agency for that military department below the baseline number for that agency until—
(1) the Secretary submits to Congress a report that—
(A) describes the reduction proposed to be made;
(B) provides the Secretary’s rationale for that reduction; and
(C) specifies the number of such personnel that would be assigned to duty with that agency after the reduction; and
(2) a period of 90 days has elapsed after the date on which the report is submitted.
(b) Baseline Number.—
The baseline number for a service review agency under this section is—
(1) for purposes of the first report with respect to a service review agency under this section, the number of military and civilian personnel assigned to duty with that agency as of January 1, 2002; and
(2) for purposes of any subsequent report with respect to a service review agency under this section, the number of such personnel specified in the most recent report with respect to that agency under this section.
(c) Service Review Agency Defined.—
In this section, the term “service review agency” means—
(1) with respect to the Department of the Army, the Army Review Boards Agency;
(2) with respect to the Department of the Navy, the Board for Correction of Naval Records; and
(3) with respect to the Department of the Air Force, the Air Force Review Boards Agency.
(Added Pub. L. 107–314, div. A, title V, § 552(a), Dec. 2, 2002, 116 Stat. 2552; amended Pub. L. 108–375, div. A, title V, § 581, Oct. 28, 2004, 118 Stat. 1928; Pub. L. 110–417, [div. A], title V, § 593, Oct. 14, 2008, 122 Stat. 4475; Pub. L. 111–383, div. A, title V, § 533(b), Jan. 7, 2011, 124 Stat. 4216; Pub. L. 112–239, div. A, title V, § 520, title X, § 1076(b)(2), Jan. 2, 2013, 126 Stat. 1722, 1949; Pub. L. 114–328, div. A, title V, § 592, Dec. 23, 2016, 130 Stat. 2152.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–328 substituted “December 31, 2019” for “December 31, 2016” in introductory provisions.
2013—Subsec. (a). Pub. L. 112–239, § 1076(b)(2), made technical amendment to directory language of Pub. L. 111–383. See 2011 Amendment note below.
Pub. L. 112–239, § 520, substituted “December 31, 2016” for “December 31, 2013”.
2011—Subsec. (a). Pub. L. 111–383, as amended by Pub. L. 112–239, § 1076(b)(2), substituted “December 31, 2013” for “December 31, 2010” in introductory provisions.
2008—Subsec. (a). Pub. L. 110–417 substituted “December 31, 2010” for “October 1, 2008” in introductory provisions.
2004—Subsec. (a). Pub. L. 108–375 substituted “Before October 1, 2008,” for “During fiscal years 2003, 2004, and 2005,”.
heading: Effective Date of 2013 Amendment
text: Pub. L. 112–239, div. A, title X, § 1076(b), Jan. 2, 2013, 126 Stat. 1949, provided that the amendment made by section 1076(b)(2) is effective Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.