dreamproit/uscode huggingface dataset:
10 U.S.C. § 1551 (ARMED FORCES)
§ 1551. Correction of name after separation from service under an assumed name
The Secretary of the military department concerned shall issue a certificate of discharge or an order of acceptance of resignation in the true name of any person who was separated from the Army, Navy, Air Force, Marine Corps, or Space Force honorably or under honorable conditions after serving under an assumed name during a war with another nation or people, upon application by, or on behalf of, that person, and upon proof of his identity. However, a certificate or order may not be issued under this section if the name was assumed to conceal a crime or to avoid its consequences.
(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Y), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1551
5:200.
34:597.
Apr. 14, 1890, ch. 80; restated June 25, 1910, ch. 393, 36 Stat. 824.
Aug. 22, 1912, ch. 329, 37 Stat. 324.
The word “shall” is substituted for the words “is authorized and required”. The word “separated” is substituted for the word “discharged”, since the revised section covers acceptances of resignations as well as certificates of discharge. The words “enlisted or” and “while minors or otherwise” are omitted as surplusage. The words “the War of the Rebellion” are omitted as obsolete. The word “with” is substituted for the words “between the United States and”. The words “honorably or under honorable conditions” are substituted for the word “honorably”.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
heading: Statutory Notes and Related Subsidiaries
heading: Personnel Freeze for Service Review Agencies
text: Pub. L. 105–261, div. A, title V, § 541, Oct. 17, 1998, 112 Stat. 2019, provided that, during fiscal years 1999, 2000, and 2001, the Secretary of a military department could 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 had submitted to Congress a report that described the reduction to be made and the rationale for that reduction, and specified the number of such personnel that would be assigned to duty with that agency after the reduction; and (2) a period of 90 days had elapsed after the date on which such report had been submitted.
10 U.S.C. § 1554 (ARMED FORCES)
§ 1554. Review of retirement or separation without pay for physical disability
(a) The Secretary concerned shall from time to time establish boards of review, each consisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Medical Corps, Air Force officers designated as medical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of a member or former member of the uniformed services retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in the member’s case. A request for review must be made within 15 years after the date of the retirement or separation.
(b) A board established under this section has the same powers as the board whose findings and decision are being reviewed. The findings of the board shall be sent to the Secretary concerned, who shall submit them to the President for approval.
(c) A review by a board established under this section shall be based upon the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
(Added Pub. L. 85–857, § 13(v)(2), Sept. 2, 1958, 72 Stat. 1267; amended Pub. L. 87–651, title I, § 110(a), Sept. 7, 1962, 76 Stat. 510; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 111–383, div. A, title V, § 533(a), Jan. 7, 2011, 124 Stat. 4216.)
heading: Historical and Revision Notes
text: Sections 1553 and 1554 are restated, without substantive change, to conform to the style adopted for title 10.
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–383 substituted “a member or former member of the uniformed services” for “an officer” and “the member’s case” for “his case”.
1989—Subsec. (c). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
1962—Pub. L. 87–651 amended section generally without substantive change to conform to the style adopted for the revision of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note set out under section 802 of this title.
10 U.S.C. § 1555 (ARMED FORCES)
§ 1555. Professional staff
(a) The Secretary of each military department shall assign to the staff of the service review agency of that military department at least one attorney and at least one physician. Such assignments shall be made on a permanent, full-time basis and may be made from members of the armed forces or civilian employees.
(b) Personnel assigned pursuant to subsection (a)—
(1) shall work under the supervision of the director or executive director (as the case may be) of the service review agency; and
(2) shall be assigned duties as advisers to the director or executive director or other staff members on legal and medical matters, respectively, that are being considered by the agency.
(c) 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 Navy Council of Personnel Boards and 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. 105–261, div. A, title V, § 542(a)(1), Oct. 17, 1998, 112 Stat. 2020; amended Pub. L. 106–65, div. A, title V, § 582, Oct. 5, 1999, 113 Stat. 634.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (c)(2). Pub. L. 106–65 inserted “the Navy Council of Personnel Boards and” after “Department of the Navy,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 105–261, div. A, title V, § 542(b), Oct. 17, 1998, 112 Stat. 2020, provided that: “Section 1555 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 17, 1998].”
10 U.S.C. § 1556 (ARMED FORCES)
§ 1556. Ex parte communications prohibited
(a) In General.—
The Secretary of each military department shall ensure that an applicant seeking corrective action by the Army Review Boards Agency, the Air Force Review Boards Agency, or the Board for Correction of Naval Records, as the case may be, is provided a copy of all correspondence and communications (including summaries of verbal communications) to or from the agency or board, or a member of the staff of the agency or board, with an entity or person outside the agency or board that pertain directly to the applicant’s case or have a material effect on the applicant’s case.
(b) Exceptions.—
Subsection (a) does not apply to the following:
(1) Classified information.
(2) Information the release of which is otherwise prohibited by law or regulation.
(3) Any record previously provided to the applicant or known to be possessed by the applicant.
(4) Any correspondence that is purely administrative in nature.
(5) Any military record that is (or may be) provided to the applicant by the Secretary of the military department or other source.
(Added Pub. L. 105–261, div. A, title V, § 543(a)(1), Oct. 17, 1998, 112 Stat. 2020.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 105–261, div. A, title V, § 543(b), Oct. 17, 1998, 112 Stat. 2021, provided that: “Section 1556 of title 10, United States Code, as added by subsection (a), shall apply with respect to correspondence and communications made 60 days or more after the date of the enactment of this Act [Oct. 17, 1998].”
10 U.S.C. § 1562a (ARMED FORCES)
§ 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense
(a) Designation of Responsible Component.—
The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b).
(b) Tracking of Allegations.—
The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including—
(1) that such an allegation has been reported and by whom;
(2) the date of the report;
(3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation;
(4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation;
(5) the entry of findings;
(6) referral of such findings to a decisionmaker for review and action, as appropriate;
(7) the outcome of final action; and
(8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary.
(c) Covered Allegation of Retaliation Defined.—
In this section, the term “covered allegation of retaliation” means an allegation of retaliation—
(1) made by—
(A) an alleged victim of sexual assault or sexual harassment;
(B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment;
(C) a witness or bystander to an alleged sexual assault or sexual harassment; or
(D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and
(2) without regard to whether the allegation is reported to or investigated or inquired into by—
(A) the Department of Defense Inspector General or any other inspector general;
(B) a military criminal investigative organization;
(C) a commander or other person at the direction of the commander;
(D) another military or civilian law enforcement organization; or
(E) any other organization, officer, or employee of the Department of Defense.
(Added Pub. L. 117–81, div. A, title V, § 544(a), Dec. 27, 2021, 135 Stat. 1710.)
10 U.S.C. § 1564b (ARMED FORCES)
§ 1564b. Security vetting for foreign nationals
(a) Standards and Process.—
(1) The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information.
(2) The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent.
(3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process.
(b) Other Uses.—
In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation.
(c) Covered Foreign Individual Defined.—
In this section, the term “covered foreign individual” means an individual who meets the following criteria:
(1) The individual is—
(A) a national of a foreign state;
(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or
(C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
(2) The individual is either—
(A) a civilian employee of the Department of Defense or a contractor of the Department; or
(B) a member of the armed forces.
(Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.)
heading: Editorial Notes
heading: References in Text
text: Executive Order 13467, referred to in subsec. (a)(1), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense.
10 U.S.C. § 1567 (ARMED FORCES)
§ 1567. Duration of military protective orders
A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.
(Added Pub. L. 110–417, [div. A], title V, § 561(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(16), Oct. 28, 2009, 123 Stat. 2473.)
heading: Editorial Notes
heading: Amendments
text: 2009—Pub. L. 111–84 made technical amendment to section catchline.
10 U.S.C. § 1567a (ARMED FORCES)
§ 1567a. Mandatory notification of issuance of military protective order to civilian law enforcement
(a) Initial Notification.—
In the event a military protective order is issued against a member of the armed forces, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify the appropriate civilian authorities of—
(1) the issuance of the protective order; and
(2) the individuals involved in the order.
(b) Notification in Event of Transfer.—
In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit—
(1) not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of—
(A) the issuance of the protective order; and
(B) the individuals involved in the order; and
(2) not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with subsection (a).
(c) Notification of Changes or Termination.—
The commander of the unit to which the member is assigned also shall notify the appropriate civilian authorities of—
(1) any change made in a protective order covered by subsection (a); and
(2) the termination of the protective order.
(Added Pub. L. 110–417, [div. A], title V, § 562(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(17), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 116–92, div. A, title V, § 543(a), Dec. 20, 2019, 133 Stat. 1376.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92, § 543(a)(1), substituted “, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify” for “and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify” in introductory provisions.
Subsec. (b). Pub. L. 116–92, § 543(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 116–92, § 543(a)(2), (4), redesignated subsec. (b) as (c) and substituted “commander of the unit to which the member is assigned” for “commander of the military installation”.
2009—Pub. L. 111–84 made technical amendment to section catchline.
10 U.S.C. § 1580 (ARMED FORCES)
§ 1580. Emergency essential employees: designation
(a) Criteria for Designation.—
The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—
A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
(c) Definitions.—
In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in section 1587(a)(1) of this title.
(Added Pub. L. 106–65, div. A, title XI, § 1103(b)(1), Oct. 5, 1999, 113 Stat. 776.)
heading: Editorial Notes
heading: References in Text
text: Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.
heading: Prior Provisions
text: A prior section 1580, added Pub. L. 87–651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663.
10 U.S.C. § 1582 (ARMED FORCES)
§ 1582. Assistive technology, assistive technology devices, and assistive technology services
(a) Authority.—
The Secretary of Defense may provide assistive technology, assistive technology devices, and assistive technology services to the following:
(1) Department of Defense employees with disabilities.
(2) Organizations within the Department that have requirements to make programs or facilities accessible to, and usable by, persons with disabilities.
(3) Any other department or agency of the Federal Government, upon the request of the head of that department or agency, for its employees with disabilities or for satisfying a requirement to make its programs or facilities accessible to, and usable by, persons with disabilities.
(b) Definitions.—
In this section, the terms “assistive technology”, “assistive technology device”, “assistive technology service”, and “disability” have the meanings given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1582, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85–861, § 1(35), 72 Stat. 1456; Sept. 23, 1959, Pub. L. 86–377, § 3, 73 Stat. 701, directed Secretary of Defense to report annually to Congress on civilian research and development personnel employed by Department of Defense under former section 1581 of this title, prior to repeal by Pub. L. 97–295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290.
10 U.S.C. § 1583 (ARMED FORCES)
§ 1583. Employment of certain persons without pay
The Secretary of Defense and the Secretaries of the military departments may each employ, without pay, not more than 10 persons of outstanding experience and ability. However, a person so employed may be allowed transportation, and not more than $15 a day instead of subsistence, while away from his home or regular place of business pursuant to employment under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 89–718, § 14, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 97–295, § 1(20)(A), (B), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 112–81, div. A, title XI, § 1111, Dec. 31, 2011, 125 Stat. 1616.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1583(a)
5:171v (less words of 1st sentence after semicolon).
Jan. 6, 1951, ch. 1213, subch. VII, § 704, 64 Stat. 1235.
1583(b)
5:171v (words of 1st sentence after semicolon).
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–81, § 1111(2), inserted “each” after “may” in first sentence.
Pub. L. 112–81, § 1111(1), which directed amendment of first sentence by inserting “and the Secretaries of the military departments” after “the Secretary of Defense”, was executed by making the insertion after “The Secretary of Defense” to reflect the probable intent of Congress.
1982—Pub. L. 97–295 substituted “pay” for “compensation” in section catchline and text.
1966—Pub. L. 89–718 struck out designation “(a)” at beginning of section and repealed subsec. (b) which authorized the Secretary, by regulation, to exempt persons employed under provisions formerly designated subsec. (a) from former sections 281, 283, 284, 434, and 1914 of title 18 and former section 99 of title 5.
10 U.S.C. § 1590 (ARMED FORCES)
[§ 1590. Repealed. Pub. L. 104–201, div. A, title XVI, § 1633(a), Sept. 23, 1996, 110 Stat. 2751]
text: Section, added Pub. L. 99–569, title V, § 504(a), Oct. 27, 1986, 100 Stat. 3198; amended Pub. L. 100–178, title VI, § 602(b), Dec. 2, 1987, 101 Stat. 1016; Pub. L. 101–193, title V, § 503(a), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102–496, title IV, § 402(a), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 103–35, title II, § 201(g)(2), May 31, 1993, 107 Stat. 100, related to management of civilian intelligence personnel of the military departments. See sections 1601 to 1603, 1606, and 1609 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.