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10 U.S.C. § 950p (ARMED FORCES)
§ 950p. Definitions; construction of certain offenses; common circumstances
(a) Definitions.—
In this subchapter:
(1) The term “military objective” means combatants and those objects during hostilities which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or war-sustaining capability of an opposing force and whose total or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the circumstances at the time of an attack.
(2) The term “protected person” means any person entitled to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel.
(3) The term “protected property” means any property specifically protected by the law of war, including buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, but only if and to the extent such property is not being used for military purposes or is not otherwise a military objective. The term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective.
(b) Construction of Certain Offenses.—
The intent required for offenses under paragraphs (1), (2), (3), (4), and (12) of section 950t of this title precludes the applicability of such offenses with regard to collateral damage or to death, damage, or injury incident to a lawful attack.
(c) Common Circumstances.—
An offense specified in this subchapter is triable by military commission under this chapter only if the offense is committed in the context of and associated with hostilities.
(d) Effect.—
The provisions of this subchapter codify offenses that have traditionally been triable by military commission. This chapter does not establish new crimes that did not exist before the date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, but rather codifies those crimes for trial by military commission. Because the provisions of this subchapter codify offenses that have traditionally been triable under the law of war or otherwise triable by military commission, this subchapter does not preclude trial for offenses that occurred before the date of the enactment of this subchapter, as so amended.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2606.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (d), is the date of enactment of Pub. L. 111–84, which was approved Oct. 28, 2009.
heading: Prior Provisions
text: A prior section 950p, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to statement of substantive offenses, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950q (ARMED FORCES)
§ 950q. Principals
Any person punishable under this chapter who—
(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission;
(2) causes an act to be done which if directly performed by him would be punishable by this chapter; or
(3) is a superior commander who, with regard to acts punishable by this chapter, knew, had reason to know, or should have known, that a subordinate was about to commit such acts or had done so and who failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof,
is a principal.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2606.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 950q, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to principals, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950r (ARMED FORCES)
§ 950r. Accessory after the fact
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a military commission under this chapter may direct.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2607.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 950r, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to accessory after the fact, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 950s (ARMED FORCES)
§ 950s. Conviction of lesser offenses
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an attempt to commit either the offense charged or an offense necessarily included therein.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2607.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 950s, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to conviction of lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 952 (ARMED FORCES)
§ 952. Parole
(a) The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their offenses subject to the authority of that Secretary.
(b) In a case in which parole for an offender serving a sentence of confinement for life is denied, only the President or the Secretary concerned may grant the offender parole on appeal of that denial. The authority to grant parole on appeal in such a case may not be delegated.
(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 105–85, div. A, title V, § 582(a), Nov. 18, 1997, 111 Stat. 1760.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1997 Amendment
text: Pub. L. 105–85, div. A, title V, § 582(b), Nov. 18, 1997, 111 Stat. 1760, provided that: “Subsection (b) of section 952 of title 10, United States Code (as added by subsection (a)), shall apply only with respect to any decision to deny parole made after the date of the enactment of this Act [Nov. 18, 1997].”
10 U.S.C. § 954 (ARMED FORCES)
§ 954. Voluntary extension; probation
The Secretary concerned may provide for persons who were subject to his authority at the time of commission of their offenses a system for retention of selected offenders beyond expiration of normal service obligation in order to voluntarily serve a period of probation with a view to honorable restoration to duty.
(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 288; amended Pub. L. 105–85, div. A, title X, § 1073(a)(12), Nov. 18, 1997, 111 Stat. 1900.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–85 substituted “his authority” for “this authority”.
10 U.S.C. § 955 (ARMED FORCES)
§ 955. Prisoners transferred to or from foreign countries
(a) When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders, the Secretary concerned may, with the concurrence of the Attorney General, transfer to such foreign country any offender against chapter 47 of this title. Such transfer shall be effected subject to the terms of such treaty and chapter 306 of title 18.
(b) Whenever the United States is party to an agreement on the status of forces under which the United States may request that it take custody of a prisoner belonging to its armed forces who is confined by order of a foreign court, the Secretary concerned may provide for the carrying out of the terms of such confinement in a military correctional facility of his department or in any penal or correctional institution under the control of the United States or which the United States may be allowed to use. Except as otherwise specified in such agreement, such person shall be treated as if he were an offender against chapter 47 of this title.
(Added Pub. L. 95–144, § 4, Oct. 28, 1977, 91 Stat. 1221; amended Pub. L. 96–513, title V, § 511(28), Dec. 12, 1980, 94 Stat. 2922.)
heading: Editorial Notes
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–513 substituted “such” for “said” in two places, “Such” for “Said”, and struck out “, United States Code” after “18”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 979 (ARMED FORCES)
§ 979. Prohibition on loan and grant assistance to persons convicted of certain crimes
Funds appropriated to the Department of Defense may not be used to provide a loan, a guarantee of a loan, or a grant to any person who has been convicted by a court of general jurisdiction of any crime which involves the use of (or assisting others in the use of) force, trespass, or the seizure of property under the control of an institution of higher education to prevent officials or students of the institution from engaging in their duties or pursuing their studies.
(Added Pub. L. 98–525, title XIV, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8027], Oct. 12, 1984, 98 Stat. 1904, 1928.
Pub. L. 98–212, title VII, § 732, Dec. 8, 1983, 97 Stat. 1444.
Pub. L. 97–377, title I, § 101(c) [title VII, § 735], Dec. 21, 1982, 96 Stat. 1833, 1856.
Pub. L. 97–114, title VII, § 736, Dec. 29, 1981, 95 Stat. 1585.
Pub. L. 96–527, title VII, § 737, Dec. 15, 1980, 94 Stat. 3087.
Pub. L. 96–154, title VII, § 739, Dec. 21, 1979, 93 Stat. 1159.
Pub. L. 95–457, title VIII, § 839, Oct. 13, 1978, 92 Stat. 1250.
Pub. L. 95–111, title VIII, § 838, Sept. 21, 1977, 91 Stat. 906.
Pub. L. 94–419, title VII, § 737, Sept. 22, 1976, 90 Stat. 1297.
Pub. L. 94–212, title VII, § 737, Feb. 9, 1976, 90 Stat. 175.
Pub. L. 93–437, title VIII, § 838, Oct. 8, 1974, 88 Stat. 1231.
Pub. L. 93–238, title VII, § 740, Jan. 2, 1974, 87 Stat. 1045.
Pub. L. 92–570, title VII, § 740, Oct. 26, 1972, 86 Stat. 1203.
Pub. L. 92–204, title VII, § 741, Dec. 18, 1971, 85 Stat. 734.
Pub. L. 91–668, title VIII, § 841, Jan. 11, 1971, 84 Stat. 2037.
Pub. L. 91–171, title VI, § 641, Dec. 29, 1969, 83 Stat. 486.
Pub. L. 90–580, title V, § 540, Oct. 17, 1968, 82 Stat. 1136.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
10 U.S.C. § 980 (ARMED FORCES)
§ 980. Limitation on use of humans as experimental subjects
(a) Funds appropriated to the Department of Defense may not be used for research involving a human being as an experimental subject unless—
(1) the informed consent of the subject is obtained in advance; or
(2) in the case of research intended to be beneficial to the subject, the informed consent of the subject or a legal representative of the subject is obtained in advance.
(b) The Secretary of Defense may waive the prohibition in this section with respect to a specific research project to advance the development of a medical product necessary to the armed forces if the research project may directly benefit the subject and is carried out in accordance with all other applicable laws.
(Added Pub. L. 98–525, title XIV, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 107–107, div. A, title VII, § 733, Dec. 28, 2001, 115 Stat. 1170.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, § 101(h) [title VIII, § 8029], Oct. 12, 1984, 98 Stat. 1904, 1929.
Pub. L. 98–212, title VII, § 734, Dec. 8, 1983, 97 Stat. 1444.
Pub. L. 97–377, title I, § 101(c) [title VII, § 737], Dec. 21, 1982, 96 Stat. 1833, 1857.
Pub. L. 97–114, title VII, § 738, Dec. 29, 1981, 95 Stat. 1585.
Pub. L. 96–527, title VII, § 739, Dec. 15, 1980, 94 Stat. 3088.
Pub. L. 96–154, title VII, § 741, Dec. 21, 1979, 93 Stat. 1159.
Pub. L. 95–457, title VIII, § 841, Oct. 13, 1978, 92 Stat. 1251.
Pub. L. 95–111, title VIII, § 840, Sept. 21, 1977, 91 Stat. 906.
Pub. L. 94–419, title VII, § 739, Sept. 22, 1976, 90 Stat. 1297.
Pub. L. 94–212, title VII, § 740, Feb. 9, 1976, 90 Stat. 175.
Pub. L. 93–437, title VIII, § 841, Oct. 8, 1974, 88 Stat. 1231.
Pub. L. 93–238, title VII, § 743, Jan. 2, 1974, 87 Stat. 1045.
Pub. L. 92–570, title VII, § 745, Oct. 26, 1972, 86 Stat. 1203.
heading: Amendments
text: 2001—Pub. L. 107–107 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
10 U.S.C. § 986 (ARMED FORCES)
[§ 986. Repealed. Pub. L. 110–181, div. A, title X, § 1072(b)(1), Jan. 28, 2008, 122 Stat. 329]
text: Section, added Pub. L. 106–398, § 1 [[div. A], title X, § 1071(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; amended Pub. L. 107–107, div. A, title X, § 1048(c)(3), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title X, § 1062, Oct. 28, 2004, 118 Stat. 2056, prohibited the Department of Defense from granting or renewing security clearances for certain persons.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 110–181, div. A, title X, § 1072(b)(3), Jan. 28, 2008, 122 Stat. 330, provided that: “The amendments made by this subsection [repealing this section] shall take effect on January 1, 2008.”
10 U.S.C. § 988 (ARMED FORCES)
§ 988. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense
(a) Prohibition.—
Except as provided in subsection (b), a covered official of the Department of Defense may not own or purchase publicly traded stock of a company if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years.
(b) Exceptions.—
This section shall not apply to the purchase or ownership of a publicly traded stock of a company otherwise described in subsection (a) as follows:
(1) If the aggregate market value of the holdings of the covered official, and the spouse and minor children of the covered official, in the stock of that company, both before and after purchase (in the case of a purchase), does not exceed the de minimis threshold established in section 2640.202(a)(2) of title 5, Code of Federal Regulations.
(2) If the stock is purchased and owned as part of an Excepted Investment Fund or mutual fund.
(c) Definitions.—
In this section:
(1) The term “covered official of the Department of Defense” means any of the following:
(A) A civilian appointed to a position in the Department of Defense by the President, by and with the advice and consent of the Senate.
(B) If serving in a key acquisition position (as designated by the Secretary of Defense or the Secretary concerned for purposes of this section), the following:
(i) A member of the armed forces in a grade above O–6.
(ii) A civilian officer or employee in a Senior Executive Service, Senior-Level, or Scientific or Professional position.
(2) The term “Excepted Investment Fund” means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).
(Added Pub. L. 116–92, div. A, title IX, § 921(a), Dec. 20, 2019, 133 Stat. 1560.)
heading: Editorial Notes
heading: References in Text
text: Section 102(f)(8) of the Ethics in Government Act of 1978, referred to in subsec. (c)(2), is section 102(f)(8) of Pub. L. 95–521, which is set out in the Appendix to Title 5, Government Organization and Employees.
10 U.S.C. § 1001 (ARMED FORCES)
§ 1001. Reference to chapter 1219
Provisions of law relating to standards and procedures for retention and promotion of members of reserve components are set forth in chapter 1219 of this title (beginning with section 12641).
(Added Pub. L. 103–337, div. A, title XVI, § 1662(h)(5), Oct. 5, 1994, 108 Stat. 2997.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 1001 and 1002 were renumbered sections 12641 and 12642 of this title, respectively.
A prior section 1003, act Aug. 10, 1956, ch. 1041, 70A Stat. 79, related to age limitations for reserve officers, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(h)(3), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994.
Prior sections 1004 to 1007 were renumbered sections 12644 to 12647 of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
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.
10 U.S.C. § 1031 (ARMED FORCES)
§ 1031. Administration of oath
The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath—
(1) required for the enlistment or appointment of any person in the armed forces; or
(2) required by law in connection with such an enlistment or appointment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, § 595(b), Oct. 17, 2006, 120 Stat. 2235.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1031
10:19.
34:217a–2.
May 22, 1950, ch. 193, § 1, 64 Stat. 187.
The words “(including the reserve component)” are omitted, since the words “any component of an armed force” include the reserve components. The words “any oath required for the enlistment or appointment of any person” are substituted for the words “the oath required for the enlistment of any person, the oath required for the appointment of any person to commissioned or warrant officer grade, and any other oath required by law in connection with the enlistment or appointment of any person”.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–364 substituted “The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath” for “Any commissioned officer of any component of an armed force, whether or not on active duty, may administer any oath” in introductory provisions.
10 U.S.C. § 1038 (ARMED FORCES)
§ 1038. Service credit: certain service in Women’s Army Auxiliary Corps
In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women’s Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.
(Added Pub. L. 86–142, § 1(1), Aug. 7, 1959, 73 Stat. 289.)
heading: Statutory Notes and Related Subsidiaries
heading: Election of Pension or Compensation
text: Pub. L. 86–142, § 2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans’ Administration, based on the active service described in section 1 of Pub. L. 86–142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees’ Compensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election.
heading: Back Pay or Allowances
text: Pub. L. 86–142, § 3, Aug. 7, 1959, 73 Stat. 289, provided that: “No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section].”
10 U.S.C. § 1039 (ARMED FORCES)
§ 1039. Crediting of minority service
For the purpose of determining eligibility for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to retired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any service which would be creditable but for the fact that it was performed by him under an enlistment or induction entered into before he attained the age prescribed by law for that enlistment or induction, shall be credited.
(Added Pub. L. 87–165, § 1(1), Aug. 25, 1961, 75 Stat. 401.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 87–165, § 2, Aug. 25, 1961, 75 Stat. 401, provided that: “Section 1 [enacting this section] applies to service performed, and retirements or transfers to the Fleet Reserve or the Fleet Marine Corps Reserve effected, before and after this Act takes effect [Aug. 25, 1961].”