dreamproit/uscode huggingface dataset:
10 U.S.C. § 749 (ARMED FORCES)
§ 749. Command: commissioned officers in same grade or corresponding grades on duty at same place
(a) When the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, has on duty in the same area, field command, or organization two or more commissioned officers of the same grade who are otherwise eligible to command, the President may assign the command without regard to rank in that grade.
(b) When officers of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard are on duty in the same area, field, command, or organization and two or more commissioned officers of different services, who are otherwise eligible to command, have the same grade or corresponding grades, the President may assign the command without regard to rank in that grade.
(Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(v), Jan. 1, 2021, 134 Stat. 3821.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in subsecs. (a) and (b).
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
heading: Executive Documents
heading: Delegation of Authority
text: For delegation of authority of President under this section, see section 1 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title.
10 U.S.C. § 750 (ARMED FORCES)
§ 750. Command: retired officers
A retired officer has no right to command except when on active duty.
(Added Pub. L. 96–513, title I, § 108, Dec. 12, 1980, 94 Stat. 2870.)
heading: Statutory Notes and Related Subsidiaries
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. § 771 (ARMED FORCES)
§ 771. Unauthorized wearing prohibited
Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, may wear—
(1) the uniform, or a distinctive part of the uniform, of the Army, Navy, Air Force, Marine Corps, or Space Force; or
(2) a uniform any part of which is similar to a distinctive part of the uniform of the Army, Navy, Air Force, Marine Corps, or Space Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 34; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(N), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
771
10:1393 (1st par., less provisos).
June 3, 1916, ch. 134, § 125 (1st par., less provisos), 39 Stat. 216.
The words “Except as otherwise provided by law” are inserted to give effect to exceptions in other revised sections of this title and to provisions of other laws giving such organizations as the Coast and Geodetic Survey and the Public Health Service permission to wear military uniforms under certain conditions.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” wherever appearing.
10 U.S.C. § 771a (ARMED FORCES)
§ 771a. Disposition on discharge
(a) Except as provided in subsections (b) and (c), when an enlisted member of an armed force is discharged, the exterior articles of uniform in his possession that were issued to him, other than those that he may wear from the place of discharge to his home under section 772(d) of this title, shall be retained for military use.
(b) When an enlisted member of an armed force is discharged for bad conduct, undesirability, unsuitability, inaptitude, or otherwise than honorably—
(1) the exterior articles of uniform in his possession shall be retained for military use;
(2) under such regulations as the Secretary concerned prescribes, a suit of civilian clothing and an overcoat when necessary, both to cost not more than $30, may be issued to him; and
(3) if he would be otherwise without funds to meet his immediate needs, he may be paid an amount, fixed by the Secretary concerned, of not more than $25.
(c) When an enlisted member of the Army National Guard or the Air National Guard who has been called into Federal service is released from that service, the exterior articles of uniform in his possession shall be accounted for as property issued to the Army National Guard or the Air National Guard, as the case may be, of the State or territory, Puerto Rico, or the District of Columbia of whose Army National Guard or Air National Guard he is a member, as prescribed in section 708 of title 32.
(Added Pub. L. 90–235, § 8(1)(A), Jan. 2, 1968, 81 Stat. 763; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–456 struck out “the Canal Zone,” after “Puerto Rico,”.
10 U.S.C. § 773 (ARMED FORCES)
§ 773. When distinctive insignia required
(a) A person for whom one of the following uniforms is prescribed may wear it, if it includes distinctive insignia prescribed by the Secretary of the military department concerned to distinguish it from the uniform of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be:
(1) The uniform prescribed by the university, college, or school for an instructor or member of the organized cadet corps of—
(A) a State university or college, or a public high school, having a regular course of military instruction; or
(B) an educational institution having a regular course of military instruction, and having a member of the Army, Navy, Air Force, Marine Corps, or Space Force as instructor in military science and tactics.
(2) The uniform prescribed by a military society composed of persons discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force to be worn by a member of that society when authorized by regulations prescribed by the President.
(b) A uniform prescribed under subsection (a) may not include insignia of grade the same as, or similar to, those prescribed for officers of the Army, Navy, Air Force, Marine Corps, or Space Force.
(c) Under such regulations as the Secretary of the military department concerned may prescribe, any person who is permitted to attend a course of instruction prescribed for members of a reserve officers’ training corps, and who is not a member of that corps, may, while attending that course of instruction, wear the uniform of that corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 85–355, Mar. 28, 1958, 72 Stat. 66; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(P), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
773(a)
773(b)
10:1393 (words between 4th and 7th semicolons of 1st proviso, and 2d proviso, of 1st par.).
10:1393 (last proviso of 1st par.).
June 3, 1916, ch. 134, § 125 (words between 4th and 7th semicolons of 1st proviso, and 2d and last provisos, of 1st par.), 39 Stat. 216; June 4, 1920, ch. 228, § 8, 41 Stat. 836; Sept. 15, 1951, ch. 402, 65 Stat. 323; July 6, 1953, ch. 180, § 1, 67 Stat. 140.
In subsection (a), the word “mark” is omitted as surplusage.
In subsection (a)(2), the words “persons discharged honorably or under honorable conditions from” are substituted for the words “entirely of honorably discharged officers or enlisted men, or both, of”. The words “Regular or Volunteer” are omitted as surplusage. The words “when authorized by regulations prescribed by” are substituted for the words “upon occasions authorized by regulations of”.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsecs. (a), (b). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in subsec. (a) wherever appearing and in subsec. (b).
1958—Subsec. (c). Pub. L. 85–355 added subsec. (c).
10 U.S.C. § 774 (ARMED FORCES)
§ 774. Religious apparel: wearing while in uniform
(a) General Rule.—
Except as provided under subsection (b), a member of the armed forces may wear an item of religious apparel while wearing the uniform of the member’s armed force.
(b) Exceptions.—
The Secretary concerned may prohibit the wearing of an item of religious apparel—
(1) in circumstances with respect to which the Secretary determines that the wearing of the item would interfere with the performance of the member’s military duties; or
(2) if the Secretary determines, under regulations under subsection (c), that the item of apparel is not neat and conservative.
(c) Regulations.—
The Secretary concerned shall prescribe regulations concerning the wearing of religious apparel by members of the armed forces under the Secretary’s jurisdiction while the members are wearing the uniform. Such regulations shall be consistent with subsections (a) and (b).
(d) Religious Apparel Defined.—
In this section, the term “religious apparel” means apparel the wearing of which is part of the observance of the religious faith practiced by the member.
(Added Pub. L. 100–180, div. A, title V, § 508(a)(2), Dec. 4, 1987, 101 Stat. 1086.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 774 was renumbered section 776 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Regulations
text: Pub. L. 100–180, div. A, title V, § 508(c), Dec. 4, 1987, 101 Stat. 1087, directed the Secretary concerned to prescribe the regulations required by subsec. (c) of this section not later than the end of the 120-day period beginning on Dec. 4, 1987.
10 U.S.C. § 775 (ARMED FORCES)
§ 775. Issue of uniform without charge
(a) Issue of Uniform.—
The Secretary concerned may issue a uniform, without charge, to any of the following members:
(1) A member who is being repatriated after being held as a prisoner of war.
(2) A member who is being treated at or released from a medical treatment facility as a consequence of being wounded or injured during military hostilities.
(3) A member who, as a result of the member’s duties, has unique uniform requirements.
(4) Any other member, if the Secretary concerned determines, under exceptional circumstances, that the issue of the uniform to that member would significantly benefit the morale and welfare of the member and be advantageous to the armed force concerned.
(b) Retention of Uniform as a Personal Item.—
Notwithstanding section 771a of this title, a uniform issued to a member under this section may be retained by the member as a personal item.
(Added Pub. L. 102–484, div. A, title III, § 377(a)(2), Oct. 23, 1992, 106 Stat. 2386.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 775 was renumbered section 776 of this title.
10 U.S.C. § 776 (ARMED FORCES)
§ 776. Applicability of chapter
This chapter applies in—
(1) the United States;
(2) the territories, commonwealths, and possessions of the United States; and
(3) all other places under the jurisdiction of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 36, § 774; Pub. L. 99–661, div. A, title XIII, § 1343(a)(1), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, § 3(6), Apr. 21, 1987, 101 Stat. 273; renumbered § 775, Pub. L. 100–180, div. A, title V, § 508(a)(1), Dec. 4, 1987, 101 Stat. 1086; renumbered § 776, Pub. L. 102–484, div. A, title III, § 377(a)(1), Oct. 23, 1992, 106 Stat. 2386.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
774
10:1393 (less 1st and last pars.).
June 3, 1916, ch. 134, § 125 (less 1st and last pars.), 39 Stat. 216; Apr. 15, 1948, ch. 188, 62 Stat. 172; June 25, 1948, ch. 645, § 21 (as applicable to § 125 of the Act of June 3, 1916, ch. 134), 62 Stat. 864; May 24, 1949, ch. 139, §§ 15(b) (less last par.), 142 (as applicable to the Act of Apr. 15, 1948, ch. 188), 63 Stat. 91, 110.
The words “the Canal Zone, Guam, American Samoa, and the Virgin Islands as well as to * * * other” are omitted as covered by the words “possessions, and all other places under its jurisdiction”.
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–484 renumbered section 775 of this title as this section.
1987—Pub. L. 100–180 renumbered section 774 of this title as this section.
Pub. L. 100–26 amended directory language of Pub. L. 99–661. See 1986 Amendment note below.
1986—Pub. L. 99–661, as amended by Pub. L. 100–26, amended section generally. Prior to amendment, section read as follows: “This chapter applies in the United States, the Territories, Commonwealths, and possessions, and all other places under its jurisdiction.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–26, § 12(a), Apr. 21, 1987, 101 Stat. 289, provided that: “The amendments made by section 3 [amending this section and sections 1032, 1408, 1450, 1588, 2007, 2364, and 5150 of this title, and section 4703 of Title 20, Education, and amending provisions set out as a note under section 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall apply as if included in Public Law 99–661 when enacted on November 14, 1986.”
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 appellate judge, military judge, or military magistrate to perform the duties of the position involved. 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 808 (ARMED FORCES)
§ 808. Art. 8. Apprehension of deserters
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
808
50:562.
May 5, 1950, ch. 169, § 1 (Art. 8), 64 Stat. 111.
The word “may” is substituted for the words “It shall be lawful for * * * to”. The words “a State, Territory, Commonwealth, or possession, or the District of Columbia” are substituted for the words “any State, District, Territory, or possession of the United States”. The words “of the United States”, before the words “and deliver”, are omitted as surplusage. The words “those forces” are substituted for the words “the armed forces of the United States”, after the words “custody of”.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “Commonwealth, possession,” for “Territory, Commonwealth, or possession,”.
10 U.S.C. § 810 (ARMED FORCES)
§ 810. Art. 10. Restraint of persons charged
(a) In General.—
(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.
(2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.
(b) Notification to Accused and Related Procedures.—
(1) When a person subject to this chapter is ordered into arrest or confinement before trial, immediate steps shall be taken—
(A) to inform the person of the specific offense of which the person is accused; and
(B) to try the person or to dismiss the charges and release the person.
(2) To facilitate compliance with paragraph (1), the President shall prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).
(Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
810
50:564.
May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111.
The word “he” is substituted for the words “such person”.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 812 (ARMED FORCES)
§ 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 114–328, div. E, title LII, § 5122, Dec. 23, 2016, 130 Stat. 2896.)
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
10 U.S.C. § 813 (ARMED FORCES)
§ 813. Art. 13. Punishment prohibited before trial
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, Nov. 20, 1981, 95 Stat. 1087.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
813
50:567.
May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112.
The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.